Sponsored by:
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Caride, Senators B.Smith, Greenstein, Whelan, Bateman and Beck
SYNOPSIS
Creates Office of Clean Energy in BPU.
CURRENT VERSION OF TEXT
As amended by the Senate on January 9, 2014.
An Act creating the Office of Clean Energy and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the “Office of Clean Energy Act.”
2. The Legislature finds and determines that:
a. As New Jersey’s population increases and its economy expands, the State’s demand for energy will continue to grow as well.
b. Current energy costs already place 1[an outsized] a significant1 financial burden on the residents and businesses of 1[this] the1 State, and any increase in demand could increase prices further.
c. As demand for energy increases and easily accessible sources of energy become depleted, the environmental ramifications of meeting the State’s energy needs are exacerbated.
d. The source from which energy is derived, the manner in which energy is transmitted, and the efficiency with which energy is used can all have considerable economic and environmental impacts on the State.
e. It is therefore in the public interest for 1[this] the1 State to have an Office of Clean Energy 1, which is1 dedicated to the mission of improving the efficiency of energy distribution and usage, 1and to1 reducing 1[our] the State's1 reliance on 1[fossil fuels and other]1 fuels that create pollution 1[, and] by1 increasing the proportion of 1[the]1 energy 1[we use] used in the State1 that is derived from 1clean and1 renewable sources.
1[f. It is fitting and proper to establish the Office of Clean Energy and direct it to: (1) develop an effective strategy to accomplish that mission, (2) conduct research and draft reports on policy issues, programs run by other states, technologies, and products to maximize the effectiveness of its plan, (3) coordinate and fund programs designed to execute that strategy, (4) testify before Legislative committees to help ensure that State policy conforms to that plan, and (5) educate the general public about its mission.]1
3. As used in 1[this act] P.L. , c. (C. ) (pending before the Legislature as this bill)1:
“Board” means the Board of Public Utilities.
“Office” means the Office of Clean Energy, established pursuant to 1section 4 of1 P.L. , c. (C. ) (pending before the Legislature as this bill).
4. a. There is hereby created in the Board of Public Utilities an Office of Clean Energy to coordinate the State’s programs to improve energy efficiency and reduce the amount of pollution 1[created by generating, transmitting, and using] emitted through the generation, transmission, and use of1 energy in 1[this] the1 State.
b. The office shall be headed by a director who shall be appointed by 1, and shall serve at the pleasure of,1 the president of the board 1[and shall serve at the pleasure of the president of the board]1. The director shall be a person qualified by training, experience, or both, to direct the work of the office. In appointing the director, the president of the board may select from, but shall not be restricted to, any employee of the board.
c. The director, under the supervision of the 1president of the1 board, shall organize the work of the office and 1[employ such professional, technical, research, and clerical staff] may establish subdivisions and delegate to subordinate employees in the office such powers or duties1 as may be necessary, proper, and expedient to carry out the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill). The 1[board, in consultation with the]1 director 1[, may formulate and adopt] may formulate1 rules and regulations 1[and prescribe duties for the efficient conduct of the office’s business, work, and general administration in connection with P.L. , c. (C. ) (pending before the Legislature as this bill)] for the board's consideration1.
d. The office’s director, staff, and programs 1[shall] may1 be funded through the use of a portion of the monies received by the board from the societal benefits charge, collected pursuant to section 12 of P.L.1999, c.23 (C.48:3-60). Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be interpreted to restrict the board's discretion to set the level of the societal benefits charge. Should the board determine to reduce or eliminate the societal benefits charge or take any action that might implicate the funding of the activities of the office, the board 1[shall] may1 assess the continuing needs of the office and 1[shall]1 institute alternative funding options 1, to the extent permitted by law1.
5. The mission of the office shall be to 1[: (1)] implement initiatives consistent with the energy master plan adopted pursuant to section 12 of P.L.1977, c.146 (C.52:27F-14), including but not limited to, initiatives to:
a.1 improve the efficiency of energy distribution and usage in 1[this] the1 State; 1[(2)] and
b.1 reduce the State’s reliance on 1[fossil fuels and other]1 fuels that create pollution 1[; and (3) maximize] by maximizing1 , to the extent practicable, the proportion of energy used in 1[this] the1 State that is derived from 1clean and1 renewable sources.
6. It shall be the function of the office to:
a. Develop, draft, 1[publish] issue,1 and update as necessary a 1clean energy1 plan 1[to accomplish its mission that contains statistically verifiable benchmarks over a 25 year period] . The clean energy plan shall be consistent with the goals of the energy master plan and shall include programs and measures to accomplish the mission of the office, including but not limited to, all clean energy programs funded by the societal benefits charge, renewable energy certificates, or federal monies, and all utility managed clean energy programs1;
b. Conduct research and draft 1and issue1 reports on 1clean energy1 policy issues, 1including issues contemplated by the energy master plan,1 programs run by other states, technologies, and products that are related to 1[its] the1 mission 1of the office1;
c. 1[Utilize its funding to create] Create1 programs that will assist the office in fulfilling its mission;
d. 1[Testify] Respond to invitations to testify1 before legislative committees on matters related to its mission; and
e. Coordinate educational programs and publish educational material related to its mission.
7. a. The office shall draft 1and issue1 an annual report that describes the 1[office's operations] clean energy1 programs 1administered by the office1, which shall include 1[detailed financial information about each program sponsored by the office, and] but need not be limited to: (1) all clean energy programs funded by the societal benefits charge, renewable energy certificates, or federal monies, and all utility managed clean energy programs; and (2) detailed financial information about each such program. The office shall1 transmit copies of 1[that] the1 report to the board, 1[to]1 the Governor, and 1[to the Legislature]1, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) 1, the Legislature1.
b. The office shall draft 1and issue1 any other report that is requested by the board or required by law and transmit copies of 1[that] any such1 report to the board, 1[to]1 the Governor, and 1[to the Legislature]1, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) 1, the Legislature1.
8. The board may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations 1[,]1 as 1[shall] may1 be necessary to implement the provisions of sections 2 through 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
9. This act shall take effect 1[60 days] on the 60th day1 after 1the date of1 enactment.