Bill Text: NJ S2372 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires installation of standby emergency power generators in senior and disabled housing; creates BPU assistance program for generator purchase and installation costs in existing senior and disabled housing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-12-17 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S2372 Detail]
Download: New_Jersey-2012-S2372-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Requires installation of standby emergency power generators in senior and disabled housing; creates BPU assistance program for generator purchase and installation costs in existing senior and disabled housing.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the provision of emergency power generators in residential construction for seniors and the disabled, supplementing P.L.1975, c.217 (C.52:27D-119 et seq.), and supplementing and amending P.L.1999, c.23 (C.48:3-49 et al).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. (1) Any newly-constructed residential multiple dwelling, as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), in which at least 90 percent of the units will be occupied by seniors or disabled persons, and for which an application for a construction permit has not been declared complete by the enforcing agency before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be equipped with a standby emergency power generator.
(2) Any residential multiple dwelling in which at least 90 percent of the units is occupied by seniors or disabled persons, and for which a certificate of occupancy has been issued by the enforcing agency before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be equipped with a standby emergency power generator.
b. (1) Any standby emergency power generator installed pursuant to this section shall be operated in compliance with requirements for such generators in accordance with regulations adopted by the Department of Environmental Protection.
(2) A standby emergency power generator installed pursuant to this section shall be inspected weekly, tested under load monthly, and serviced in accordance with generally accepted engineering practices by the manager or operator of the multiple dwelling units.
(3) A standby emergency power generator installed pursuant to this section shall be operated only when necessary to provide power to multiple dwellings housing seniors or disabled persons in order to protect their general health and welfare which would be under substantial risk in a continued power outage.
c. For the purposes of this section, "disabled person" means any resident of this State who is permanently and totally disabled, unable to engage in gainful employment, and receiving disability benefits or any other compensation under any federal or State law and "senior" means an individual who is 62 years of age or older.
d. The Department of Community Affairs shall promulgate rules and regulations pursuant to its rule-making authority under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. (New section) For a period of not more than three years commencing on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Board of Public Utilities, after consultation with the Department of Community Affairs, shall establish and administer a program providing financial assistance in the form of low-interest loans or matching grants to qualifying owners of a residential multiple dwelling, as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), in which at least 90 percent of the units is occupied by seniors or disabled persons, and for which a certificate of occupancy has been issued by the enforcing agency before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) for the purchase and installation costs of a standby emergency power generator required pursuant to paragraph (2) of subsection a. of P.L. , c. (C. ) (pending before the Legislature as this bill). Any matching grant offered to an owner shall be done only if the applicant owner can demonstrate financial hardship. The source of funding for the program shall be the societal benefits charge imposed pursuant to section 12 of P.L.1999, c.23 (C.48:3-60).
b. For the purposes of this section:
"Disabled person" means any resident of this State who is permanently and totally disabled, unable to engage in gainful employment, and receiving disability benefits or any other compensation under any federal or State law;
"Low-interest loan" means a loan for a term not exceeding 10 years at a rate of interest not exceeding the greater of three percent or one-half of the prime interest rate as reported in a financial newspaper published and circulating in New York City;
"Matching grant" means money given to an eligible business representing a portion of the cost to the eligible business to pay for the purchase of a standby emergency power generator based on the eligible business' ability to pay for a standby emergency power generator; and
"Senior" means an individual who is 62 years of age or older.
3. Section 12 of P.L.1999, c.23 (C.48:3-60) is amended to read as follows:
12. a. Simultaneously with the starting date for the implementation of retail choice as determined by the board pursuant to subsection a. of section 5 of [this act] P.L.1999, c.23 (C.48:3-53) and consistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), the board shall permit each electric public utility and gas public utility to recover some or all of the following costs through a societal benefits charge that shall be collected as a non-bypassable charge imposed on all electric public utility customers and gas public utility customers, as appropriate:
(1) The costs for the social programs for which rate recovery was approved by the board prior to April 30, 1997. For the purpose of establishing initial unbundled rates pursuant to section 4 of [this act] P.L.1999, c.23 (C.48:3-52), the societal benefits charge shall be set to recover the same level of social program costs as is being collected in the bundled rates of the electric public utility on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.). The board may subsequently order, pursuant to its rules and regulations, an increase or decrease in the societal benefits charge to reflect changes in the costs to the utility of administering existing social programs. Nothing in [this act] P.L.1999, c.23 (C.48:3-49 et al.) shall be construed to abolish or change any social program required by statute or board order or rule or regulation to be provided by an electric public utility. Any such social program shall continue to be provided by the utility until otherwise provided by law, unless the board determines that it is no longer appropriate for the electric public utility to provide the program, or the board chooses to modify the program;
(2) Nuclear plant decommissioning costs;
(3) The costs of demand side management programs that were approved by the board pursuant to its demand side management regulations prior to April 30, 1997. For the purpose of establishing initial unbundled rates pursuant to section 4 of [this act] P.L.1999, c.23 (C.48:3-52), the societal benefits charge shall be set to recover the same level of demand side management program costs as is being collected in the bundled rates of the electric public utility on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.). Within four months of the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.), and every four years thereafter, the board shall initiate a proceeding and cause to be undertaken a comprehensive resource analysis of energy programs, and within eight months of initiating such proceeding and after notice, provision of the opportunity for public comment, and public hearing, the board, in consultation with the Department of Environmental Protection, shall determine the appropriate level of funding for energy efficiency and Class I renewable energy programs that provide environmental benefits above and beyond those provided by standard offer or similar programs in effect as of the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.); provided that the funding for such programs be no less than [50%] 50 percent of the total Statewide amount being collected in public electric and gas utility rates for demand side management programs on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.) for an initial period of four years from the issuance of the first comprehensive resource analysis following the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.), and provided that [25%] 25 percent of this amount shall be used to provide funding for Class I renewable energy projects in the State. In each of the following fifth through eighth years, the Statewide funding for such programs shall be no less than 50 percent of the total Statewide amount being collected in public electric and gas utility rates for demand side management programs on the effective date of [this act] P.L.1999, c.23 (C.48:3-49 et al.), except that as additional funds are made available as a result of the expiration of past standard offer or similar commitments, the minimum amount of funding for such programs shall increase by an additional amount equal to 50 percent of the additional funds made available, until the minimum amount of funding dedicated to such programs reaches $140,000,000 total. After the eighth year, the board shall make a determination as to the appropriate level of funding for these programs. Such programs shall include a program to provide financial incentives for the installation of Class I renewable energy projects in the State, and the board, in consultation with the Department of Environmental Protection, shall determine the level and total amount of such incentives as well as the renewable technologies eligible for such incentives which shall include, at a minimum, photovoltaic, wind, and fuel cells. The board shall simultaneously determine, as a result of the comprehensive resource analysis, the programs to be funded by the societal benefits charge, the level of cost recovery and performance incentives for old and new programs and whether the recovery of demand side management programs' costs currently approved by the board may be reduced or extended over a longer period of time. The board shall make these determinations taking into consideration existing market barriers and environmental benefits, with the objective of transforming markets, capturing lost opportunities, making energy services more affordable for low income customers and eliminating subsidies for programs that can be delivered in the marketplace without electric public utility and gas public utility customer funding;
(4) Manufactured gas plant remediation costs, which shall be determined initially in a manner consistent with mechanisms in the remediation adjustment clauses for the electric public utility and gas public utility adopted by the board; [and]
(5) The cost, of consumer education, as determined by the board, which shall be in an amount that, together with the consumer education surcharge imposed on electric power supplier license fees pursuant to subsection h. of section 29 of [this act] P.L.1999, c.23 (C.48:3-78) and the consumer education surcharge imposed on gas supplier license fees pursuant to subsection g. of section 30 of [this act] P.L.1999, c.23 (C.48:3-79), shall be sufficient to fund the consumer education program established pursuant to section 36 of [this act] P.L.1999, c.23 (C.48:3-85); and
(6) For a period of not more than three years commencing on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the cost of offering financial assistance, pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), to owners of residential multiple dwellings, as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), in which at least 90 percent of the units are occupied by seniors or disabled persons, and for which a certificate of occupancy has been issued by the enforcing agency before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), for the cost of purchasing and installing standby emergency power generators.
b. There is established in the Board of Public Utilities a nonlapsing fund to be known as the "Universal Service Fund." The board shall determine: the level of funding and the appropriate administration of the fund; the purposes and programs to be funded with monies from the fund; which social programs shall be provided by an electric public utility as part of the provision of its regulated services which provide a public benefit; whether the funds appropriated to fund the "Lifeline Credit Program" established pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.), the "Tenants' Lifeline Assistance Program" established pursuant to P.L.1981, c.210 (C.48:2-29.31 et seq.), the funds received pursuant to the Low Income Home Energy Assistance Program established pursuant to 42 U.S.C. s.8621 et seq., and funds collected by electric and [natural] gas public utilities, as authorized by the board, to offset uncollectible electricity and natural gas bills should be deposited in the fund; and whether new charges should be imposed to fund new or expanded social programs.
(cf: P.L.1999, c.23, s.12)
4. This act shall take effect immediately, but shall remain inoperative for 60 days following the date of enactment.
STATEMENT
This bill creates a standard under the State Uniform Construction Code for those: 1) newly-constructed residential multiple dwellings in which at least 90 percent of the units will be occupied by seniors or disabled persons, and for which an application for a construction permit has not been declared complete by the enforcing agency before the effective date of the bill; and 2) existing residential multiple dwellings in which at least 90 percent of the units are occupied by seniors or disabled persons, and for which a certificate of occupancy was issued before the effective date of the bill, requiring such housing units or complexes to be equipped with a standby emergency power generator. Seniors are defined under the bill as persons age 62 or older and disabled persons are any residents of this State who are permanently and totally disabled, unable to engage in gainful employment, and receiving disability benefits or any other compensation under any federal or State law. These populations are at greater risk of health complications or death in conditions of power outages.
The bill directs that the use of a standby emergency power generator required under the bill must comport with the regulations of the Department of Environmental Protection concerning air pollution and must be tested regularly.
The bill requires the Board of Public Utilities, after consultation with the Department of Community Affairs, to establish and administer a three-year program providing financial assistance in the form of low-interest loans or matching grants for the purchase and installation of standby emergency power generators to owners of those existing residential multiple dwellings. Any matching grant offered to an eligible owner shall be made only if the applicant owner can demonstrate financial hardship. The source of funding for the three-year program would be the societal benefits charge imposed pursuant to section 12 of P.L.1999, c.23 (C.48:3-60).
