A4569 —

2021, c.458 (A4569 2R)2R  CC) CHAPTER 458 (CORRECTED COPY)   P.L.An Act concerning the provision of electric generation service and gas supply service and amending P.L.1999, c.23.

2021, CHAPTER 458, approved January 18, 2022 Assembly, No.

4569 (Second Reprint)     An Act concerning the provision of electric generation service and gas supply service and amending P.L.1999, c.23.

      36. C.48:3-85  a.   Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board, in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety, shall initiate a proceeding and shall adopt, after notice, provision of the opportunity for comment, and public hearing, interim consumer protection standardsstandards. for electric power suppliers or gas suppliers, within 90 days of February 9, 1999, including, but not limited to, standards for collections, credit, contracts, and authorized changes of an energy customer's electric power supplier or gas supplier, for the prohibition of discriminatory marketing, for advertising and for disclosure.  The standards shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted, or readopted by the board in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

     (1)  36.  (a)    a.   AnNotwithstanding electricany powerprovisions supplierof orthe gas"Administrative supplierProcedure shallAct," notP.L.1968, providec.410 electric(C.52:14B-1 generationet serviceseq.) orto gasthe supplycontrary, servicethe toboard, ain customerconsultation inwith thisthe StateDivision unlessof theConsumer electricAffairs powerin supplierthe orDepartment gasof supplierLaw hasand providedPublic theSafety, customershall initiate a one-pageproceeding informationand sheetshall summarizingadopt, after notice, provision of the materialopportunity termsfor comment, and conditionspublic ofhearing, theinterim contractconsumer asprotection determinedstandards byfor theelectric board. power Contractsuppliers standardsor shallgas include,suppliers, within 90 days of February 9, 1999, including, but not be limited to, requirementsstandards thatfor collections, credit, contracts, and authorized changes of an energy customer's electric power supplysupplier contracts or gas supplysupplier, contractsfor conspicuously disclose the durationprohibition of thediscriminatory contract;marketing, for advertising and for disclosure.

The standards shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted, or readopted by the board in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

     (1) (a) An electric power supplier or gas supplier shall not provide electric generation service or gas supply service to a customer in this State unless the electric power supplier or gas supplier has provided the customer a one-page information sheet summarizing the material terms and conditions of the contract as determined by the board.

Contract standards shall include, but not be limited to, requirements that electric power supply contracts or gas supply contracts conspicuously disclose the duration of the contract;

2provideprovide the phone number and website for filing complaints with the Board of Public Utilities, Division of Customer Assistance, and a oneone-sentence sentence explanation of the practice known as “slamming,” which is an unauthorized change of a customer's electric power supplier or gas supplier, in a 12-point, boldface font on the one-page information sheet;2sheet; and state, in a 12-point, boldface font, whether the contract is for a fixed rate or a variable rate, and provide a brief explanation of the difference between a fixed rate and a variable rate that is easily understandable by the general public, including an explanation on how weather fluctuations may affect the price of variable rate contracts;

haveand state, in a 12-point, boldface font, whether the customer'scontract writtenis signaturefor [ora electronicfixed signature;rate or a variable rate, and provide a brief explanation of the difference between a fixed rate and a variable rate that is easily understandable by the general public, including an explanation on how weather fluctuations may affect the price of variable rate contracts;

anhave audiorecordingthe ofcustomer's awritten telephonesignature callor initiatedelectronic bysignature; the customer;

independent, third-party verification, in accordance with section 37 of P.L.1999, c.23 (C.48:3-86), of a telephone call initiated by an electric power supplier, gas supplier, or private aggregator;

or any alternative forms of verification as the board, in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety, may permit for] 1or electronic signature1  2;

independent, third-party verification, in accordance with section 37 of P.L.1999, c.23P.L.1999, c.23 (C.48:3-86), of a telephone call initiated by an electric power supplier, gas supplier, or private aggregator;

or any alternative forms of verification as the board, in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety, may permit2permit prior to switching electric power suppliers or gas suppliers and for contract renewal;

and include termination procedures, notice of any fees, and toll-free or local telephone numbers for the electric power supplier or gas supplier and for the board. board. An electric power supplier or gas supplier shall not provide the customer's telephone number, electronic mail address, or postal address to other electric power suppliers or gas suppliers if the customer's telephone number appears on the no telemarketing call list established and maintained by the Division of Consumer Affairs, pursuant to the provisions of section 9 of P.L.2003, c.76 (C.56:8-127), or the national do-not-call registry as maintained by the Federal Trade Commission.

An electric power supplier or gas supplier shall not provide the customer's telephone number, electronic mail address, or postal address to other electric power suppliers or gas suppliers if the customer's telephone number appears on the no telemarketing call list established and maintained by the Division of Consumer Affairs, pursuant to the provisions of section 9 of P.L.2003, c.76 (C.56:8-127), or the national do-not-call registry as maintained by the Federal Trade Commission.

     (2)   Standards for the prohibition of discriminatory marketing shall provide, at a minimum, that a decision made by an electric power supplier or a gas supplier to accept or reject a customer shall not be based on race, color, national origin, age, gender, religion, source of income, receipt of public benefits, family status, sexual preference, or geographic location. location. The board shall adopt reporting requirements to monitor compliance with its standards.

    The (3)  board Advertising standards for electric power suppliers or gas suppliers shall provide,adopt atreporting arequirements minimum, that optional charges to themonitor customercompliance willwith notits bestandards. added to any advertised cost per kilowatt hour or per therm, and that the only unit of measurement that may be used in advertisements is cost per kilowatt hour or per therm, unless otherwise approved by the board.  If an electric power supplier or gas supplier does not advertise using cost per kilowatt hour or per therm, the electric power supplier or gas supplier shall provide, at the customer's request, an estimate of the cost per kilowatt hour or per therm.  Any optional charges to the customer shall be identified separately and denoted as optional.

     (3)   Advertising standards for electric power suppliers or gas suppliers shall provide, at a minimum, that optional charges to the customer will not be added to any advertised cost per kilowatt hour or per therm, and that the only unit of measurement that may be used in advertisements is cost per kilowatt hour or per therm, unless otherwise approved by the board.

If an electric power supplier or gas supplier does not advertise using cost per kilowatt hour or per therm, the electric power supplier or gas supplier shall provide, at the customer's request, an estimate of the cost per kilowatt hour or per therm.

Any optional charges to the customer shall be identified separately and denoted as optional.

     b.   b. (1)   Except as provided in paragraph (2) of this subsection, an electric power supplier, a gas supplier, an electric public utility, and a gas public utility shall not disclose, sell, or transfer individual proprietary information, including, but not limited to, a customer's name, address, telephone number, energy usage, and electric power payment history, to a third party without the consent of the customer.

     (1) (2)   Except (a)  as Anprovided electricin publicparagraph utility(2) orof athis gassubsection, publican utilityelectric maypower disclosesupplier, anda provide,gas insupplier, an electronicelectric format,public whichutility, mayand include a CDgas rom,public diskette,utility andshall othernot formatdisclose, assell, determinedor bytransfer theindividual board,proprietary withoutinformation, theincluding, consentbut ofnot alimited residentialto, customer, a residential customer's name, rateaddress, class,telephone and account number, toenergy ausage, governmentand aggregatorelectric thatpower ispayment ahistory, municipality or a county, or to an energy agent acting as a consultantthird toparty awithout government aggregator that is a municipality or a county, if the customerconsent information is to be used to establish a government energy aggregation program pursuant to sections 42, 43, and 45 of P.L.1999,the c.23customer. (C.48:3-91;

     (2)  (a)  An electric public utility or a gas public utility may disclose and provide, in an electronic format, which may include a CD rom, diskette, and other format as determined by the board, without the consent of a residential customer, a residential customer's name, rate class, and account number, to a government aggregator that is a municipality or a county, or to an energy agent acting as a consultant to a government aggregator that is a municipality or a county, if the customer information is to be used to establish a government energy aggregation program pursuant to sections 42, 43, and 45 of P.L.1999, c.23 (C.48:3-91;

of section 45 of P.L.1999, c.23 (C.48:3-94). (C.48:3-94). Any customer information disclosed pursuant to this paragraph shall not be considered a government record for the purposes of, and shall be exempt from the provisions of P.L.2001, c.404 (C.47:1A-5 et al.).

Any customer information disclosed pursuant to this paragraph shall not be considered a government record for the purposes of, and shall be exempt from the provisions of P.L.2001, c.404 (C.47:1A-5 et al.).

     (3)   Whenever any individual proprietary information is disclosed, sold, or transferred, pursuant to paragraph (1) or paragraph (2) of this subsection, it shall be used only for the provision of continued electric generation service, electricelectric-related related service, gas supply service, or gasgas-related related service to that customer.

     (4)   Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall, within 90 days of the effective date of P.L.2003, c.24 (C.48:3-93.1 et al.), review existing regulations including, without limitation, Chapter 4 of Title 14 of the New Jersey Administrative Code (Energy CompetitionCompetition), [Standards]), to determine their consistency with the provisions of section 36 of P.L.1999, c.23 (C.48:3-85), section 43 of P.L.1999, c.23 (C.48:3-92) and section 45 of P.L.1999, c.23 (C.48:3-94), repeal or modify any regulations that are inconsistent with the provisions thereof, and shall adopt regulations and standards implementing the provisions thereof permitting disclosure of customer information without the consent of the customer including, without limitation, provisions for the development of a board-approved agreement between the disclosing party and the receiving party and the creation of a mechanism for the recovery by the disclosing electric public utility or gas public utility of its reasonable incremental costs of providing the customer information if those costs are not covered in an existing thirdthird-party party supplier agreement.

     (5)   An electric power supplier, a gas supplier, a gas public utility, or an electric public utility may use individual proprietary information that it has obtained by virtue of its provision of electric generation service, electricelectric-related related service, gas supply service, or gasgas-related related service to:

2TheThe board shall publish on its website on a quarterly basis a detailed report regarding customer complaints that shall not include the names or other personal information of the customers who complained, but shall include the names of the electric and gas public utilities, electric power suppliers, gas suppliers, private aggregators, and energy agents against which the complaints were filed.2filed.      d.    The board, in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety, shall establish, or cause to be established, a multi-lingual electric and gas consumer education program.

     d.    The board, in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety, shall establish, or cause to be established, a multi-lingual electric and gas consumer education program.

     e.     (Deleted by amendment, P.L.2003, c.24)2[.]2c.24)      f.     (1) In In addition to the advertising standards adopted by the board pursuant to paragraph (3) of subsection a.

of this section, the board, in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) interim(C.52:14B-1 et seq.) interim advertising and marketing standards for electric power suppliers, gas suppliers, brokers, energy agents, marketers, private aggregators, sales representatives, and telemarketers applicable to potential residential customers, within 270 days of the effective date of P.L.2013, c.263, which standards shall include, but not be limited to, prohibiting electric power suppliers, gas suppliers, brokers, energy agents, marketers, private aggregators, sales representatives, and telemarketers from:

The standards shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted, or readopted by the board in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

     (2)   In addition to any other penalties, fines, or remedies authorized by law, an electric power supplier, gas supplier, broker, energy agent, marketer, private aggregator, sales representative, or telemarketer that violates subparagraph (a) of paragraph (1) of this subsection and collects charges for electric generation service or gas supply service supplied to a residential customer, who was subjected to false or misleading advertising claims by the electric power supplier, gas supplier, broker, energy agent, marketer, private aggregator, sales representative, or telemarketer in violation of subparagraph (a) of paragraph (1) of this subsection, shall be liable to the residential customer in an amount equal to all charges paid by the residential customer after such violation occurs in accordance with any procedures as the board may prescribe, whether the electric power supplier or gas supplier provided the electric generation service or gas supply service to that customer, or the electric generation service or gas supply service was provided to the customer by a broker, energy agent, marketer, private aggregator, sales representative, or telemarketer who contacted the customer on behalf of the electric power supplier or gas supplier. supplier. An electric power supplier, gas supplier, broker, energy agent, marketer, private aggregator, sales representative, or telemarketer that violates this subsection shall also be liable for a civil penalty pursuant to section 34 of P.L.1999, c.23 (C.48:3-83).  The board is hereby authorized to revoke the license of any electric power supplier, gas supplier, broker, energy agent, marketer, or private aggregator that violates this subsection.

(cf:An electric power supplier, gas supplier, broker, energy agent, marketer, private aggregator, sales representative, or telemarketer that violates this subsection shall also be liable for a civil penalty pursuant to section 34 of P.L.1999, c.23 (C.48:3-83).

P.L.2015,The c.164,board s.1)is  hereby     authorized 2.   to Sectionrevoke 37the license of P.L.1999,any c.23electric (C.48:3-86)power issupplier, amendedgas tosupplier, readbroker, asenergy follows:agent, marketer, or private aggregator that violates this subsection.

       2.    Section 37 of P.L.1999, c.23 (C.48:3-86) is amended to read as follows:

  C.48:3-86  “Slamming” prevention;