New Jersey 2026-2027 Regular Session

New Jersey Senate Bill S728

Introduced
1/13/26  

Caption

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

Impact

The implementation of S728 would result in a reshaping of how-rate increases are sanctioned within New Jersey. The Board will be mandated to adopt analytic models reflecting state, federal, and industry standards when determining the ROE, leading to potentially lower or more justified increases in public utility rates. This change is anticipated to affect not only the operations of the utilities themselves but also the economic environment for consumers who rely on these essential services. The intent is to create a more balanced approach in which utility companies do not disproportionately profit at the expense of consumers.

Summary

Senate Bill S728 introduces a stipulation requiring the New Jersey Board of Public Utilities (BPU) to determine and consider the lowest reasonable return on equity (ROE) before approving any rate increases for electric, gas, and water public utilities. This bill aims to establish a more stringent process for evaluating utility rate adjustments by incorporating a focus on ensuring that approved increases are genuinely just and reasonable for ratepayers. Unlike current practice, which allows the BPU significant discretion, the new requirement would impose a clearer standard aimed at consumer protection.

Contention

Although the bill aims to protect consumers, it may face opposition from utility companies concerned that it could impact their revenue streams negatively. Certain stakeholders might argue that imposing this requirement could hinder the ability of utilities to pursue legitimate cost recoveries associated with service improvements and infrastructure investments. The nuances of what constitutes a 'reasonable' ROE are likely to become a point of debate as the BPU develops the necessary rules and regulations to implement this bill effectively.

Companion Bills

NJ A5436

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

NJ S4304

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

NJ A1208

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

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