N.J. Stat. § 48:7-38: Applicability of act.

9. a. The provisions of P.L.2026, c.34 (C.48:7-30 et seq.) shall apply to any application to construct or modify a supplemental project filed on or after the effective date of P.L.2026, c.34 (C.48:7-30 et seq.).

b. P.L.2026, c.34 (C.48:7-30 et seq.) shall not apply to any project, or discrete component thereof, that has received final approval from the Board of Public Utilities prior to the effective date of P.L.2026, c.34 (C.48:7-30 et seq.) pursuant to:

(1) an infrastructure investment program order issued by the board;

(2) a base rate case order; or

(3) any other board order specifically authorizing construction of the project.

c. Any application or proceeding pending before the board on the effective date of P.L.2026, c.34 (C.48:7-30 et seq.) that relates to a supplemental project within the scope of the provisions of P.L.2026, c.34 (C.48:7-30 et seq.) shall conform to the requirements of P.L.2026, c.34 (C.48:7-30 et seq.) to the extent practicable, as determined by the board.

d. Nothing in P.L.2026, c.34 (C.48:7-30 et seq.) shall be construed to create a separate certificate of public convenience and necessity requirement for distribution infrastructure investment or to require approval of distribution infrastructure investment, except as otherwise required under applicable law or to supersede, preempt, or otherwise affect the authority of any municipality, county, or other local government to review or approve the siting, construction, or modification of transmission facilities under the “Municipal Land Use Law,” P.L.1975, c.291 (C.40:55D-1 et seq.), and rules and regulations promulgated by the New Jersey Department of Environmental Protection.

e. Nothing in P.L.2026, c.34 (C.48:7-30 et seq.) shall be construed to confer upon the board authority over matters within the exclusive jurisdiction of the Federal Energy Regulatory Commission, including, but not limited to, the rates, terms, and conditions of transmission service in interstate commerce , determinations made pursuant to federal law by NERC, FERC, PJM, or the Secretary of Energy, and cost allocation determinations adopted pursuant to the “Federal Power Act” (16 U.S.C. s.791a et seq.) and FERC orders. The board’s consideration of the factor set forth in paragraph (1) of subsection b. of section 6 of P.L.2026, c.34 (C.48:7-35) shall be undertaken solely for purposes of determining public convenience and necessity, in a manner consistent with federal law, and shall not constitute rate regulation or the exercise of planning authority over electric transmission facilities.

L.2026, c.34, s.9.