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Bill

A 5395

"Clean Firm Energy Reliability Act;" directs BPU to establish program to procure certain electricity generation facilities in State.

2026-2027 Regular Session Introduced by Robert Karabinchak

The bill directs the New Jersey BPU to create a program to procure New Jersey electric generation facilities that deliver clean, firm, reliable power.

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Bill Summary · A 5395

Summary of Bill A-5395 (Session 222) – New Jersey

Purpose and intent

  • The bill is titled the “Clean Firm Energy Reliability Act.”
  • It directs the Board of Public Utilities (BPU) to establish a program to procure certain electricity generation facilities within the State.
  • The overarching aim appears to be enhancing reliability of electric service through targeted procurement of specific generating resources, with an emphasis on clean energy or firm capacity contributions.

Key provisions and changes proposed

  • BPU program creation: Requires BPU to establish a formal program to procure electricity generation facilities located in New Jersey.
  • Selection and procurement: The bill sets out authority or framework for evaluating and selecting qualifying generation facilities to participate in the program.
  • Facility types and eligibility (conceptual): While the text provided does not spell out every eligible technology, the title’s emphasis on “Clean Firm Energy” implies a preference or requirement that procured facilities deliver reliable, firm (on-demand or steadier) generation with clean energy characteristics. Potential candidates might include zero-emission or low-emission resources capable of firm capacity, but exact eligible technologies would be defined in the program rules.
  • Reliability focus: The program is designed to bolster electricity reliability within the State by ensuring a steady and controllable supply of power through selected facilities.
  • Cost and pricing considerations (conceptual): Procurement programs typically include bids, pricing structures, and cost recovery mechanisms, with potential rider or rate consequences approved by the BPU. The bill would authorize governance over how costs are recovered from ratepayers, pass-through, or other methods approved by the BPU.
  • Timeline and implementation: The bill would set up a schedule for establishing the program, accepting proposals, evaluating candidates, and bringing facilities online. Specific milestones (deadlines, biennial reviews, or sunset provisions) would be defined in the implementing rules.

Who is affected

  • Residents and ratepayers: Potentially affected through changes in electricity prices or rate design resulting from the cost of procured facilities.
  • Electricity consumers in New Jersey: Benefit from improved reliability and potential cleaner energy resources contributing to the grid.
  • Electric utilities and generation developers: Those who might participate as bidders or developers of eligible facilities; they would interact with the BPU’s procurement process.
  • BPU and state energy policy implementers: Responsible for designing, administering, and overseeing the program.

Procedural and timeline considerations

  • The bill mandates the BPU to design and implement the procurement program, including determination of eligible resources, procurement timelines, and regulatory approvals.
  • It would require regulatory rulemaking to operationalize the program, with potential public input, bid solicitations, and performance criteria used to select facilities.
  • The timeline for procurement, operation start dates, and any interim milestones would be established within the program rules and subsequent BPU orders.

Notes and considerations

  • The bill’s emphasis on “clean” and “firm” suggests a dual objective: reducing emissions while ensuring reliable capacity. The exact definitions (e.g., what qualifies as “clean,” what constitutes “firm” capacity, and which technologies are eligible) would be detailed in the implementing regulations and program guidelines.
  • Without the full statutory text, specifics such as cap on procurement quantity, price caps, contract terms, and long-term rate impacts remain to be determined by BPU rules and follow-up legislation or amendments.

If you’d like, I can incorporate any available later amendments or the full statutory language to refine the summary further.

Compiled from official sources — confirm details with the bill’s official record.

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