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Bill > S4592


NJ S4592

NJ S4592
Imposes 30 percent electric public utility windfall surtax on certain taxpayers with allocated taxable net income in excess of 20 percent above five-year average income under CBT.


summary

Introduced
06/05/2025
In Committee
06/05/2025
Crossed Over
Passed
Dead

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill imposes a 30 percent surtax, to be called the electric public utility windfall surtax, on the windfall income of electric public utilities. Under the bill, "windfall income" means the amount of allocated taxable net income of an electric public utility that is 20 percent greater than the average allocated taxable net income of the utility during the five immediately preceding privilege periods. The bill defines "allocated taxable net income" to mean the same as the term "taxable net income" is defined in the "Corporation Business Tax Act" for purposes of calculating a taxpayer's corporation business tax liability. The electric public utility windfall surtax is to be imposed in addition to the taxpayer's regular corporation business tax liability. No credits are to be allowed against the electric public utility windfall surtax, except for credits for installment payments, estimated payments made with a request for an extension of time for filing a return, or overpayments from prior privilege periods. All revenues collected from the electric public utility windfall surtax, except for amounts constitutionally dedicated for open space, farmland, and historic preservation, are to be annually appropriated to the Board of Public Utilities (board) for distribution to the ratepayers of each electric public utility subject to the electric public utility surtax. The bill requires the board to prescribe the method by which the funds appropriated from surtax proceeds are distributed, except that these monies are required to be distributed proportionally among all ratepayers of the electric public utility.

AI Summary

This bill imposes a 30 percent surtax, called the electric public utility windfall surtax, on electric utilities that experience significant income growth. Specifically, the surtax applies to "windfall income," which is defined as any allocated taxable net income that exceeds the utility's average income from the previous five years by more than 20 percent. An "electric public utility" is a utility that transmits and distributes electricity within New Jersey, and the surtax will be applied on top of the utility's existing Corporation Business Tax liability. The bill restricts credits against this surtax, allowing only credits for installment payments, estimated payments, or overpayments from prior periods. Importantly, the revenues collected from this surtax will be annually appropriated to the Board of Public Utilities, which must distribute the funds proportionally among all ratepayers of the electric utility subject to the surtax. The goal appears to be to provide financial relief to utility customers by redirecting unexpected utility profits back to ratepayers. The surtax will take effect for privilege periods beginning the January 1st following the bill's enactment.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Introduced in the Senate, Referred to Senate Economic Growth Committee (on 06/05/2025)

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