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Bill

Bill

S 4304

Requires BPU to determine and consider lowest reasonable return on equity before approving electric, gas, and water public utility base rate cases.

2024-2025 Regular Session Introduced by John Burzichelli and 1 co-sponsor

S 4304 mandates New Jersey utilities establish minimum return-on-equity thresholds, potentially constraining rate increases for electric, gas, and water service.

Reported out of Senate Committee with Amendments, 2nd Reading
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Bill Summary · S 4304

Legislative bill overview

S 4304 requires New Jersey's Board of Public Utilities (BPU) to establish and apply a "lowest reasonable return on equity" (ROE) standard before approving rate increases for electric, gas, and water utilities. Currently, the BPU approves utility rates based on a ROE deemed reasonable, but this bill mandates a methodology to determine the absolute minimum acceptable return before any rate case approval.

Why is this important

Utility rates directly affect consumer bills for essential services. By establishing a lowest reasonable ROE threshold, this bill aims to prevent utilities from earning excessive profits at ratepayer expense while maintaining service quality and infrastructure investment. The outcome could meaningfully lower utility bills or constrain rate increases for millions of New Jersey residents.

Potential points of contention

  • Utility investment concerns: Utilities and investors may argue that capping ROE too aggressively discourages capital investment in grid modernization, system reliability, and infrastructure upgrades needed for climate and resilience goals
  • Defining "lowest reasonable": No consensus exists on what ROE percentage qualifies as "lowest reasonable"—setting it too low risks inadequate service, too high defeats the bill's consumer protection purpose
  • Regulatory complexity: Implementing a new BPU standard requires detailed rulemaking and could create litigation as utilities challenge determinations, potentially delaying rate decisions

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

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