A5686

An Act concerning public utility rate increases, amending P.L.2005, c.155, and supplementing Title 48 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 48 of P.L.2005, c.155 (C.52:27EE-48) is amended as follows:

48. Division of Rate Counsel; jurisdiction.

The Division of the Rate Counsel in, but not of, the Department of the Treasury shall have the authority to conduct investigations, initiate studies, conduct research, present comments and testimony before governmental bodies, issue reports, deny rate increases pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and produce and disseminate consumer guides on any matters that fall within the Rate Counsel's jurisdiction. The Rate Counsel shall also have the authority to represent the public interest as set forth below.

a. Utilities. The Division of Rate Counsel may represent and protect the public interest as defined in section 12 of P.L.2005, c.155 (C.52:27EE-12) in proceedings before and appeals from any State department, commission, authority, council, agency, or board charged with the regulation or control of any business, industry, or utility regarding a requirement that the business, industry, or utility provide a service or regarding the fixing of a rate, toll, fare, or charge for a product or service. The Division of Rate Counsel may initiate any such proceedings when the director determines that a discontinuance or change in a required service or a rate, toll, fare, or charge for a product or service is in the public interest.

b. Insurance; limited jurisdiction. The Division of Rate Counsel shall represent and protect the public interest with respect to insurance matters in significant proceedings that pertain solely to prior approval rate increases for personal lines property casualty coverages or Medicare supplemental coverages. The Division of Rate Counsel shall have no jurisdiction or authority to participate or intervene in (1) expedited prior approval rate filings made by an insurer or affiliated group of insurers pursuant to section 34 of P.L.1997, c.151 (C.17:29A-46.6) or section 3 of P.L.2001, c.409 (C.17:36-5.35), or (2) prior approval rate filings of seven percent or less, or (3) rule or form filings for any other form of insurance.

In determining, in his discretion, whether a proceeding is significant, the Director of the Division of Rate Counsel shall consider the following factors:

(1) the overall dollar impact of the requested increase, considering the filer's market share and the magnitude of the requested rate change;

(2) whether the increase, if granted, will increase the filer's rates significantly above market norms;

(3) whether the filer is advancing a significantly different alternate ratemaking methodology to the standard methodology established pursuant to section 8 of P.L.1988, c.119 (C.17:29A-36.2);

(4) whether the insurer is experiencing financial difficulties at its present rate level, as evidenced by the filing of rehabilitation proceedings, recent downgrading by insurance rating services, or significant losses reported on the filer's public financial statement.

The Director of the Division of Rate Counsel shall, in addition to the powers set forth in this act, have the express authority to intervene in public hearings pursuant to section 66 of P.L.1998, c.21 (C.17:29A-46.8).

(cf: P.L.2010, c.34, s.33)

2. (New section) a. As used in this section:

“All-items index” means the rate of inflation for all items, as determined by the United States Bureau of Labor Statistics in its Consumer Price Index reports.

“Public utility” means the same as that term is defined in R.S.48:2-13.

b. Notwithstanding any other law, rule, regulation, or order to the contrary, the Division of the Rate Counsel may deny a public utility’s petition to increase the public utility’s rates if the all-items index was greater than two percent in any of the four quarters preceding the date on which the public utility filed its petition to increase its rates.

3. This act shall take effect immediately.

STATEMENT

This bill authorizes the Division of the Rate Counsel to deny a public utility’s petition to increase its rates if the all-items index was greater than two percent in any of the four quarters preceding the date on which the public utility filed the petition. Under the bill, “all-items index” means the rate of inflation for all items, as determined by the United States Bureau of Labor Statistics in its Consumer Price Index reports.