New JerseyA4881221st Legislature (2026-2027)HouseWALLET

"Power NJ Act"; establishes advanced nuclear energy procurement program in BPU.

Sponsored By: David Bailey Jr. (Democratic), John J. Burzichelli (Democratic), Wayne P. DeAngelo (Democratic), Robert J. Karabinchak (Democratic), Nicholas P. Scutari (Democratic), Bob Smith (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 5 benefits, 2 costs, 3 mixed.

Pay protections for nuclear construction workers

Nuclear project applications must include workforce development and labor plans for construction work performed in New Jersey. Plans must commit to a project labor agreement and prevailing wages, or wages and benefits under an applicable union agreement. The law does not set wage amounts or guarantee a number of jobs.

Electric customers get nuclear cost safeguards

For provisional approval, projects must help meet state power needs, and at least one proposed certificate price must benefit customers compared with alternatives. Final approval requires justified costs, adequate financing, fair risk sharing, and a net benefit to electric customers. Projects must add nuclear energy equal to at least 50% of rated output to eligible regional power procurement. The Board must review combined project costs and reject additional projects when their total burden is excessive or unaffordable. Power-sale agreements get a customer-benefit review; prices below the certificate price require buyer equity or construction-risk contributions that cover the difference.

Electric customers share nuclear sales revenue

Project agreements set the share of regional power-market revenue returned to New Jersey electric customers during the certificate term. This covers energy, capacity, and services that help run the grid. Direct-sale revenue also requires an agreed customer share when the buyer neither helped fund construction nor was addressed in the final order. Projects must send the required money to the appropriate electricity supplier within 60 days after receiving it. Suppliers then have up to 90 days to return it to customers; no household amount is fixed.

Nuclear projects face power credit limits

Qualified projects earn one Reliable Capacity Certificate per megawatt-hour generated, subject to limits. Power sold under an agreement exceeding 1% of total generation to one co-located user or directly to an end user earns no certificates. If those sales push annual output below the Board's baseline, eligible certificates also fall by the corresponding shortfall. The same megawatt-hour cannot receive both a Reliable Capacity Certificate and an existing state zero-emission certificate.

New nuclear support affects electric bills

The law creates support for advanced reactors built in New Jersey, connected to its grid, and approved by both state agencies. The Board of Public Utilities must establish a Reliable Capacity Certificate program within 18 months after its first approved project terms. The program targets at least 1,100 megawatts, but does not guarantee that much procurement. Covered electricity suppliers must buy proportional shares of certificates at Board-set prices, potentially affecting bills, for up to 40 years from commercial operation. Projects receive no certificate payments until they generate electricity and send it to the grid.

Nuclear approval changes face cost checks

Developers can seek unforeseen changes needed to keep approved projects financially viable, with the development agency chief executive's consent. Changes must avoid unreasonable customer burdens and preserve economic-development and workforce promises. Requests based on new state laws or rules require a construction or operating moratorium, or significantly higher total construction costs, plus reasonable mitigation efforts. Changes that materially raise customer costs require at least 30 days for written comments from Rate Counsel and the public. This includes higher certificate prices, longer payment terms, or smaller customer revenue shares; substantial evidence must show necessity, public interest, and continued net customer benefit.

Nuclear records remain open to oversight

Project information receives confidential treatment only through required procedures, including ways to challenge and review secrecy claims. Rate Counsel and the regional power market's independent monitor can access protected information for oversight, including through nondisclosure agreements. Information not properly designated and kept confidential remains subject to public-records law.

Nuclear sites must protect local wildlife

Project agreements must require reasonable measures needed to sustain wildlife at and around nuclear facilities. These measures must follow state and federal requirements. Companies must also provide community outreach and public education about nuclear energy during development, construction, and the facility's entire operating life.

Nuclear developers face disclosures and fees

Developers must apply within 60 days after the Board publishes its request. Applications must disclose permits, designs, costs, financing, output, proposed certificate terms, monthly bill effects, and economic, workforce, and environmental analyses. Initial cost estimates use Class IV ranges, about -30% to +50%; final agreements require verified Class II baselines, about -15% to +20%. Provisional approval ends after 12 months without a signed agreement, unless Board staff, the development agency's chief executive, and the developer extend it in writing. Developers must repay both agencies for reasonable project-review costs, including consulting fees.

Projects keep limited new government benefits

Project agreements must provide a customer share of new, unexpected tax credits or other government benefits. Project companies can keep amounts covering related administrative costs. They can also keep the lesser of 10% or the percentage negotiated in their agreement, subject to a negotiated absolute cap. These retained amounts reduce the benefits otherwise available to electric customers.

Sponsors & Cosponsors

Cosponsors

Carmen F. Amato Jr.
Republican • Senate
Anthony Angelozzi
Democratic • House
Patrick J. Diegnan Jr.
Democratic • Senate
Tennille R. McCoy
Democratic • House
Carol A. Murphy
Democratic • House
Troy Singleton
Democratic • Senate
William W. Spearman
Democratic • House
Latham Tiver
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 114 • No: 0

Senate vote • 6/30/2026

3RDG FINAL PASSAGE

Yes: 40 • No: 0

House vote • 6/30/2026