SB443: (New Title) relative to rural electric cooperatives and establishing an energy planning advisory board.

CHAPTER 164

SB 443 – FINAL VERSION

03/11/04 0711s

29Apr2004… 1176h

2004 SESSION

04-3149

03/01

SENATE BILL 443

AN ACT relative to rural electric cooperatives and establishing an energy planning advisory board.

SPONSORS: Sen. Odell, Dist 8; Sen. Johnson, Dist 2; Rep. Wendelboe, Belk 29; Rep. Kaen, Straf 72

COMMITTEE: Energy and Economic Development

AMENDED ANALYSIS

This bill delineates the authority and jurisdiction of the public utilities commission under the electric utility restructuring laws with respect to rural electric cooperatives. This bill also establishes an energy planning advisory board.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/04 0711s

29Apr2004… 1176h

04-3149

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to rural electric cooperatives and establishing an energy planning advisory board.

Be it Enacted by the Senate and House of Representatives in General Court convened:

164:1 New Paragraph; Electric Utility Restructuring; Implementation; Rural Electric Cooperatives. Amend RSA 374-F:4 by inserting after paragraph XI the following new paragraph:

XII. To the extent that the provisions of this chapter are applicable to rural electric cooperatives for which a certificate of deregulation is on file with the commission, the commission shall exercise its authority with regard to such deregulated rural electric cooperatives only when and to the extent that the commission finds, after notice and hearing, that such action is required to ensure that such deregulated rural electric cooperatives do not act in a manner which is inconsistent with the restructuring policy principles of RSA 374-F:3. The commission shall have the authority to require that such deregulated rural electric cooperatives participate in proceedings, answer commission requests for information and file such reports as may be reasonably necessary to permit the commission to make an informed finding concerning the relevant restructuring policy principle actions of such deregulated rural electric cooperatives. Absent such a finding by the commission, the active role of assuring that the restructuring policy principles are appropriately addressed within their service territories shall be reserved to the deregulated rural electric cooperatives. Notwithstanding the foregoing, deregulated rural electric cooperatives shall be subject to the commission’s jurisdiction with regard to those provisions of RSA 374-F pertaining to stranded cost recovery, customer choice, open access tariffs, default service, energy efficiency, and low income programs to the same extent as other public utilities.

164:2 Energy Planning Advisory Board.

I. There is established an energy planning advisory board. The board is established to monitor and assist in the implementation of the New Hampshire Energy Plan prepared by the governor’s office of energy and community services pursuant to 2001, 121.

II.(a) The members of the committee shall be as follows:

(1) The governor, or designee.

(2) One member representing the office of state planning and energy programs.

(3) One member of the senate energy and economic development committee, appointed by the president of the senate.

(4) One member of the house science, technology and energy committee, appointed by the speaker of the house of representatives.

(5) Two members representing the public utilities commission, appointed by the chairman.

(6) One member representing the department of administrative services, appointed by the commissioner.

(7) One member representing the department of environmental services, appointed by the commissioner.

(8) One member representing the university system of New Hampshire, appointed by the chancellor.

(9) One member representing the department of transportation, appointed by the commissioner.

(10) One member representing the department of resources and economic development, appointed by the commissioner.

(11) The consumer advocate, or designee.

(12) Two members of the business and industry community, appointed by the governor and council.

(b) The legislative members of the committee shall serve for the duration of their legislative term, and shall receive mileage at the legislative rate when attending to the duties of the board. Other members of the board shall serve for 3 years and until a successor is appointed.

III. Duties.

(a) The primary duties of the board shall be to meet on a regular basis to discuss energy policy and planning at the state level and develop strategic planning for the state’s energy policies that include, but shall not be limited to:

(1) Supply and demand for energy resources.

(2) Transmission and distribution infrastructure for electricity, natural gas, and other transportable energy.

(3) Fuel diversity within the state and region.

(4) Supporting the department of transportation’s planning efforts.

(5) Deliverable fuels.

(6) Energy efficiency and conservation opportunities.

(7) The state’s role as a major energy consumer.

(8) The environmental effects of energy generation, transmission, and distribution.

(9) New Hampshire’s role in regional energy issues.

(10) Periodic revision and update of the New Hampshire Energy Plan for currency as circumstances change.

(b) The board may consult and participate with members and groups of the business and residential communities within the state that may have important perspectives on energy planning.

IV. The members of the board shall elect a chairperson from among the members.

V. The board shall report annually to the governor, the speaker of the house of representatives, and the president of the senate.

164:3 Repeal. Section 2 of this act, relative to the energy planning advisory board, is repealed.

164:4 Effective Date.

I. Section 1 of this act shall take effect 60 days after its passage.

II. Section 3 of this act shall take effect November 1, 2012.

III. The remainder of this act shall take effect upon its passage.

(Approved: May 24, 2004)

(Effective Date: I. Section 1 shall take effect July 23, 2004.

II. Section 3 shall take effect November 1, 2012.

III. Remainder shall take effect May 24, 2004.)