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New Jersey Legislature Passes “Power NJ Act” Clearing Path for Advanced Nuclear Energy Development

Author: Daniel T. McKillop

Date: July 2, 2026

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New Jersey Legislature Passes “Power NJ Act” Clearing Path for Advanced Nuclear Energy Development

On June 30, 2026, the New Jersey Assembly and Senate both approved the “Power NJ Act” (A4881), sending the legislation to Governor Sherrill for signature after unanimous, bipartisan approval.

The Power NJ Act would direct the New Jersey Board of Public Utilities, in partnership with the New Jersey Economic Development Authority, to establish a program for procuring advanced nuclear energy facilities and to create a framework for reviewing and approving projects designed to meet growing electricity demand and enhance grid reliability. With unanimous support in both chambers, the bill positions nuclear energy as a central component of New Jersey’s long-term strategy to control utility costs and expand clean power generation.

Overview

The “Powering Opportunity, Workforce, and Energy Reliability for New Jersey Act,” known as the Power NJ Act, cleared both houses of the Legislature with strong bipartisan support. The Assembly passed A4881 on June 30, 2026, by a vote of 74-0-3, and the Senate approved the measure the same day by a 40-0 vote after substituting its companion bill, S4296, with the Assembly version. The Assembly bill was sponsored by Assemblyman Wayne DeAngelo and Assemblyman Dave Bailey Jr., while the Senate companion was sponsored by Senator John Burzichelli, Senator Bob Smith, and Senate President Nick Scutari. The bill now goes to Governor Sherrill, who is expected to sign it into law promptly as part of her administration’s energy agenda and its commitment to expanding nuclear power in New Jersey.

Procurement of Advanced Nuclear Energy Facilities

The Power NJ Act would require the Board of Public Utilities, in collaboration with the New Jersey Economic Development Authority, to establish a program for procuring advanced nuclear energy facilities in the State. The legislation is intended to strengthen energy reliability, support workforce opportunities, and help meet New Jersey’s future energy needs while avoiding new fossil fuel generation. Sponsors emphasized that expanding supply through advanced nuclear power is aimed at countering rising utility costs while providing clean, reliable, greenhouse gas-free generation.

Project Review and Approval Framework

Under the bill, entities would submit proposals for advanced nuclear projects through a process overseen by the Board of Public Utilities. Projects would be evaluated based on their ability to improve reliability and resilience, meet capacity needs, and provide value to ratepayers. The legislation also lays the groundwork for a Reliability Capacity Certificate program designed to support approved projects while allowing certain revenues generated by those facilities to be returned to New Jersey consumers.

Implications

If signed, the Power NJ Act would establish New Jersey’s first dedicated statutory pathway for advanced nuclear energy development. Developers, utilities, industrial energy users, and investors should anticipate a new procurement and approval process administered jointly by the BPU and NJEDA, along with opportunities tied to the forthcoming Reliability Capacity Certificate program. Businesses positioned to participate in nuclear development, siting, or supply chains should begin evaluating how the program may affect project planning and capital investment.

Path Forward

The near-unanimous passage of the Power NJ Act signals broad legislative consensus on the role of advanced nuclear energy in addressing New Jersey’s electricity demand, grid reliability, and clean energy goals. Once the Governor signs the bill, attention will shift to the rulemaking and program design carried out by the Board of Public Utilities and the New Jersey Economic Development Authority. Parties interested in advanced nuclear opportunities should monitor implementation closely and prepare to engage as the procurement framework takes shape.

How We Can Help

The firm’s Environmental Law Group is closely tracking the Power NJ Act and the anticipated procurement and approval framework for advanced nuclear energy in New Jersey. If you have questions about how this legislation may affect a current or contemplated project, or want to position your business to participate as the program develops, please contact Daniel T. McKillop or your Scarinci Hollenbeck attorney.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

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