New Jersey A 3607: Prohibits BPU from retiring electric generation facilities in certain circumstances.

Bill Text

A3607 

ASSEMBLY, No. 3607 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman LOUIS D. GREENWALD

District 6 (Burlington and Camden)

SYNOPSIS

���� Prohibits BPU from retiring electric generation 
facilities in certain circumstances.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning electric generation facilities in New 
Jersey and supplementing Title 48 of the Revised Statutes.� 

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

���� 1.��� a.� As used in this 
section:� 

���� �Board� means the New Jersey 
Board of Public Utilities or a successor agency.� 

���� �Covered facility� means an 
electric generation facility in the State that is connected to the electric 
grid serving New Jersey.� 

���� �Replacement facility� means 
an electric generation facility in the State that produces electricity solely 
through renewable energy sources, which shall include, but not be limited to, 
thermal, wind, hydropower, and nuclear, and that is connected to the electric 
grid serving New Jersey.� 

���� b.��� The board shall not 
retire, or otherwise recommend, incentivize, or authorize the retirement of, a 
covered facility unless the board has identified one or more replacement 
facilities that can:� 

���� (1) produce enough electricity 
to meet the demand served by the covered facility; and

���� (2) become operational in a 
timely manner so as to reduce any significant gap in generation service between 
the time when the covered facility retires and the replacement facility becomes 
operational.� 

���� c.���� Nothing in this act 
shall be construed to prevent the board from retiring, or otherwise 
recommending, incentivizing, or authorizing the retirement of, a covered 
facility that is no longer functional or that is operating in an unsafe or 
unlawful manner that threatens public health and safety.� 

���� 2.��� This act shall take 
effect immediately.� 

STATEMENT

���� This bill prohibits the Board 
of Public Utilities (board) from retiring, or otherwise recommending, 
incentivizing, or authorizing the retirement of, a covered facility unless the 
board has identified one or more replacement facilities that can meet the demand 
served by the covered facility and become operational in a timely manner.� 
However, the bill�s provisions do not prohibit the board from retiring, or 
otherwise recommending, incentivizing, or authorizing the retirement of, a 
covered facility that is no longer functional or that threatens public health 
and safety.� 

���� Under the bill, �covered 
facility� means an electric generation facility in the State that is connected 
to the electric grid serving New Jersey; and �replacement facility� means an 
electric generation facility in the State that produces electricity solely 
through renewable energy sources, including, but not limited to, thermal, wind, 
hydropower, and nuclear, and that is connected to the electric grid serving New 
Jersey.�