SB388: relative to administration of utilities by the department of energy.

CHAPTER 375

SB 388-FN - FINAL VERSION

01/18/2024 0150s

2May2024... 1496h

06/13/2024 2351EBA

2024 SESSION

24-2978

10/05

SENATE BILL 388-FN

AN ACT relative to administration of utilities by the department of energy.

SPONSORS: Sen. Pearl, Dist 17; Sen. Avard, Dist 12; Sen. Lang, Dist 2; Sen. Watters, Dist 4; Sen. Gannon, Dist 23; Sen. Soucy, Dist 18; Sen. Rosenwald, Dist 13; Sen. Carson, Dist 14; Sen. Innis, Dist 7; Sen. Perkins Kwoka, Dist 21; Rep. D. Thomas, Rock. 16; Rep. Plett, Hills. 29; Rep. Vose, Rock. 5; Rep. Harrington, Straf. 18; Rep. Ammon, Hills. 42

COMMITTEE: Energy and Natural Resources

ANALYSIS

This bill makes various changes to the administration of public utilities and the duties of the department of energy.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/18/2024 0150s

2May2024... 1496h

06/13/2024 2351EBA 24-2978

10/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to administration of utilities by the department of energy.

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

375:1 Public Utilities; Compliance. Amend RSA 365:40 to read as follows:

365:40 Compliance Required. Every public utility and all officers and agents of the same shall obey, observe, and comply with every order made by the commission or department under their authority [of this title] so long as the same shall be and remain in force.

375:2 Public Utilities; Penalty Against Agent. Amend RSA 365:42 to read as follows:

365:42 Penalty Against Agent. Every officer and agent of any such public utility who shall wilfully violate, or who procures, aids, or abets any violation of this title, or who wilfully fails to obey, observe, and comply with any order of the commission or the department, or procures, aids or abets any such public utility in its failure to obey, observe, and comply with any such order or provision, shall be subject to a civil penalty, as determined by the commission, not to exceed $100,000 for each violation. Such penalties shall be distributed to the benefit of the utility's ratepayers through a credit to bills, or, if the credit is of an amount determined by the commission to be insignificant on a per customer basis, to programs that benefit low income ratepayers.

375:3 Net Metering; Community Solar Projects. Amend RSA 362-A:9, XIV(e) to read as follows:

(e) The department of energy, by rule or order, shall develop a process by which community solar developers can apply for designation as a community solar project for new solar arrays. Such projects designate their production for the benefit of households on the list required in subparagraph (d). Such projects will qualify for the low-moderate income solar addition as established in subparagraph (c) and shall specify the amount of on-bill credit they can offer to low-moderate income [homeowners] households. Annually, the number of projects designated as low-moderate income community solar shall not exceed a total nameplate capacity rating of 6 megawatts in the aggregate. If more than 6 megawatts of projects apply for designation, the department of energy shall select the projects that offer the largest on-bill credit and that demonstrates project readiness.

375:4 Renewable Portfolio Standard; Information. Amend RSA 362-F:8, III to read as follows:

III. Beginning [October 1, 2019] November 1, 2024 and by [October 1] November 1 of each subsequent year, the department of energy shall disclose the information collected under paragraph I as public information in the department of energy annual report pursuant to RSA 362-F:10, IV. No information shall be disclosed to the public that is confidential as defined by department of energy or NEPOOL Generation Information System rules.

375:5 Renewable Energy Fund; Report. Amend RSA 362-F:10, IV to read as follows:

IV. The department of energy shall make an annual report by [October] November 1 of each year, beginning in [2009] 2024, to the house science, technology and energy committee, and the senate energy and natural resources committee detailing how the renewable energy fund is being used and any recommended changes to such use. The report shall also include information on the total peak generating capacity that is net energy metered under RSA 362-A:9 within the franchise area of each electric distribution utility, and the percentage this represents of the amount that is allowed to be net metered within each franchise area. Information shall be provided on net metered group host registrations and the associated customer groups, including number and location of group host facilities, generation by renewable source and size of facility, and group load served by such facilities.

375:6 Assessment of Expenses; Exemption. Amend RSA 363-A:5 to read as follows:

363-A:5 Exemption From Assessment. Any public utility or other assessed entity that is not an entity to which RSA 363-A:2, I(c) or (d) applies, and that earned less than $10,000 in gross revenue during the preceding fiscal year shall not be liable for any assessment pursuant to this chapter. A request for exemption shall be filed with the department of energy by July 30 for the fiscal year beginning July 1 of that year, using a form provided by the department. If an exemption form is not filed on or before July 30, then the full amount of the assessment shall be due.

375:7 Personal Wireless Service Facilities; Information From Carriers. Amend the introductory paragraph of RSA 12-K:3, IV to read as follows:

IV. Provide information at the time of application to construct an externally visible tower or to make a substantial modification to an existing tower, mount, or PWSF, or prior to construction if no approval is required, to the municipality in which the tower, mount, or PWSF is to be constructed [and to the department of energy] as follows:

375:8 Public Utilities; Electric Renewable Portfolio Standard; Renewable Energy Source; Definition. Amend RSA 362-F:2, XV-a to read as follows:

XV-a. "Useful thermal energy" means renewable energy delivered from class I sources with a total gross nameplate heating capacity of its renewable energy certificate eligible units combined, of greater than 1,000,000 btu per hour that can be metered and that is delivered in New Hampshire to an end user in the form of direct heat, steam, hot water, or other thermal form that is used for heating, cooling, humidity control, process use, or other valid thermal end use energy requirements and for which fuel or electricity would otherwise be consumed. For sources with a total gross nameplate heating capacity of its renewable energy certificate eligible units combined of 1,000,000 btu per hour or less, energy delivered shall be verified by a method that is approved by the department of energy by rule or order.

375:9 Public Utilities Electric Renewable Portfolio Standard; Renewable Energy Certification; Approval. Amend RSA 362-F:6, V to read as follows:

V. A qualified producer of useful thermal energy with a total gross nameplate heating capacity of its renewable energy certificate eligible units combined, of greater than 1,000,000 btu per hour shall provide for the metering of useful thermal energy produced in order to calculate the quantity of megawatt-hours for which renewable energy certificates are qualified, and to report to the department of energy under rules adopted pursuant to RSA 362-F:13. For sources with a total gross nameplate heating capacity of its renewable energy certificate eligible units combined, of 1,000,000 btu per hour or less, energy delivered shall be verified by a method that is approved by the department of energy, by rule or order, in order to calculate the quantity of megawatt-hours for which renewable energy certificates are qualified, and to report to the department of energy under rules adopted pursuant to RSA 362-F:13. Monitoring, reporting, and calculating the useful thermal energy produced in each quarter shall be expressed in megawatt-hours, where each 3,412,000 BTUs of useful thermal energy is equivalent to one megawatt-hour.

375:10 Repeals; Deployment of Personal Wireless Service Facilities; Department of Energy Duties. The following are repealed:

I. RSA 12-K:1, IV and V, relative to the use of a PWSF map and model ordinances.

II. RSA 12-K:2, XII, relative to the definition of director.

III. RSA 12-K:6, relative to a personal wireless services facilities map.

IV. RSA 12-K:8 and 12-K:9, relative to guidance and rulemaking by the department of energy.

375:11 Effective Date. This act shall take effect July 1, 2024.

Approved: August 23, 2024

Effective Date: July 01, 2024