SB264: (New Title) relative to certain references to the department of energy and transferring authority over the low-income electricity assistance program to the department of energy.

SB 264 - AS AMENDED BY THE SENATE

03/17/2022 1058s

2022 SESSION

22-2989

04/08

SENATE BILL 264

AN ACT relative to certain references to the department of energy and transferring authority over the low-income electricity assistance program to the department of energy.

SPONSORS: Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Gray, Dist 6; Sen. Avard, Dist 12; Sen. Sherman, Dist 24; Sen. Birdsell, Dist 19; Sen. Bradley, Dist 3; Sen. Soucy, Dist 18; Rep. Cali-Pitts, Rock. 30; Rep. P. Schmidt, Straf. 19; Rep. McGuire, Merr. 29

COMMITTEE: Energy and Natural Resources

AMENDED ANALYSIS

This bill changes references from the public utility commission to the department of energy in certain energy-related statutes. This bill also transfers authority over the low-income electricity assistance program to the department of energy.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/17/2022 1058s 22-2989

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to certain references to the department of energy and transferring authority over the low-income electricity assistance program to the department of energy.

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

1 Electric Rate Reduction Financing; Policy and Purpose. Amend RSA 369-B:1, XIII to read as follows:

XIII. The [commission] department should design low income programs in a manner that targets assistance and has high operating efficiency, so as to maximize the benefits that go to the intended beneficiaries of the low income program.

2 New Paragraph; Electric Rate Reduction Financing; Definitions. Amend RSA 369-B:2 by inserting after paragraph III the following new paragraph:

III-a. "Department" means the department of energy.

3 Electric Utility Restructuring; Implementation. Amend RSA 374-F:4, VIII(c) to read as follows:

(c) Notwithstanding any other provision of law to the contrary, the system benefits charge shall include 1.5 mills per kilowatt hour to fund an electricity assistance program for low-income customers. The department of energy shall be the agency with authority over any such program, and may, using a non-adjudicative hearing process, order the approval of budgets, expenditures, and modification of any such program. Authority over the low-income assistance program funded through the system benefits charge and implemented by the public utilities commission prior to July 1, 2021, along with the commission orders creating and implementing that program, are transferred to the department of energy to be administered in conformity with this paragraph. If the department of energy determines that the low-income assistance program fund has accumulated an excess of $1,000,000 and that the excess is not likely to be substantially reduced over the next 12 months, the department of energy may, using a non-adjudicative hearing process, suspend by order the collection of some or all of this portion of the system benefits charge for the period of time it deems reasonable to reduce the program fund to the level necessary to achieve the programs’ purposes. Actions taken using a non-adjudicative hearing process shall be by written decision of the department, in which the department shall state its reasons for the actions taken.

4 Effective Date. This act shall take effect upon its passage.