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Bill > A1335


NJ A1335

NJ A1335
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
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 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 "electric public utility windfall surtax" on electric public utilities, which are defined as utilities that transmit and distribute electricity to end users in the state. This surtax applies to "windfall income," meaning any "allocated taxable net income" (which refers to taxable net income as defined for corporation business tax purposes) that is 20 percent higher than the average allocated taxable net income earned by the utility over the preceding five years. This additional tax is levied on top of the regular corporation business tax, and no credits are allowed against it, except for payments already made, such as installment or estimated payments, or prior overpayments. Importantly, all revenue collected from this surtax, excluding funds constitutionally dedicated to open space, farmland, and historic preservation, will be given to the Board of Public Utilities to be distributed back to the ratepayers of the affected electric utilities, proportionally based on their usage.

Committee Categories

Transportation and Infrastructure

Sponsors (2)

Last Action

Introduced, Referred to Assembly Telecommunications and Utilities Committee (on 01/13/2026)

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