New Hampshire 2025 Regular Session

New Hampshire Senate Bill SB106 Compare Versions

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Old	New	Differences
1	1	SB 106-FN - AS AMENDED BY THE SENATE
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5	5	02/13/2025 0257s
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7	7	2025 SESSION
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9	9	25-0476
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11	11	06/08
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15	15	SENATE BILL106-FN
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19	19	AN ACTrelative to the participation of customer generators in net energy metering.
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23	23	SPONSORS:Sen. Lang, Dist 2; Sen. Innis, Dist 7; Sen. McGough, Dist 11; Sen. Pearl, Dist 17; Sen. Watters, Dist 4; Rep. Moffett, Merr. 4
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27	27	COMMITTEE:Energy and Natural Resources
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35	35	AMENDED ANALYSIS
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39	39	This bill requires large customer-generators participating in net energy metering to consume at least 33 percent of their own generation.
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43	43	- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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47	47	Explanation:Matter added to current law appears in bold italics.
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49	49	Matter removed from current law appears [in brackets and struckthrough.]
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51	51	Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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53	53	02/13/2025 0257s25-0476
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55	55	06/08
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59	59	STATE OF NEW HAMPSHIRE
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63	63	In the Year of Our Lord Two Thousand Twenty Five
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67	67	AN ACTrelative to the participation of customer generators in net energy metering.
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71	71	Be it Enacted by the Senate and House of Representatives in General Court convened:
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75	75	1 Limited Electrical Energy Producers Act; Definition; Eligible Customer Generator. Amend RSA 362-A:1-a, II-b to read as follows:
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77	77	II-b. "Eligible customer-generator" or "customer-generator" means an electric utility customer who owns, operates, or purchases power from an electrical generating facility either powered by renewable energy or which employs a heat led combined heat and power system, with a total peak generating capacity of up to and including one megawatt, except as provided for a municipal host as defined in paragraph II-c[, that is located behind a retail meter on the customer's premises,] and an industrial host as defined under paragraph II-g, that is located behind a retail meter on the customer's premises, is interconnected and operates in parallel with the electric grid, and is used to offset the customer's own electricity requirements. Incremental generation added to an existing generation facility, that does not itself qualify for net metering, shall qualify if such incremental generation meets the qualifications of this paragraph and is metered separately from the [nonqualifying] non-qualifying facility.
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79	79	2 New Paragraph; Limited Electrical Energy Producers Act Definitions. Amend RSA 362-A:1-a by inserting after paragraph II-f the following new paragraph:
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81	81	II-g. “Industrial host” means a customer generator with a total peak generating capacity of greater than one megawatt and less than 5 megawatts used to offset the electricity requirements of a group consisting exclusively of commercial, industrial, or institutional entities with one or more accounts, provided that all accounts are located within the same utility franchise service territory. In no instance shall the electrical generating facility exceed 100 percent of the industrial group’s average electric consumption over the past 12 months.
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83	83	3 New Paragraph; Net Energy Metering. Amend RSA 362-A:9 by inserting after paragraph II the following new paragraph:
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85	85	II-a. Alternative tariffs for net energy metering shall be made available to eligible customer-generators by each electric distribution utility in conformance with Order No. 26,029 dated June 23, 2017, and with net metering rules adopted by the commission. Any project that begins receiving compensation under Order No. 26,029 alternative tariffs will be eligible to continue receiving that tariff for either 20 years from the year it first begins receiving compensation or through the initial tariff term ending on December 31, 2040, whichever is longer. If the commission creates new net metering tariffs through an adjudicated proceeding before December 31, 2040, eligible customer-generators receiving Order No. 26,029 alternative tariffs will have the option of transitioning to new tariffs created through that proceeding. If an eligible customer-generator elects to transfer to a new tariff, they may not return to Order No. 26,029 alternative tariffs. Upon the expiration of a customer-generator’s eligibility under Order No. 26,029 alternative tariffs, the eligible customer-generator will have the option of transitioning to the tariff available at that time.
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87	87	4 New Paragraph; Net Energy Metering; Consumption. Amend RSA 362-A:9 by inserting after paragraph IV the following new paragraph:
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89	89	IV-a.(a) Facilities eligible for the net metering tariff under this section for customer-generators larger than one megawatt and up to 5 megawatt with an in-service date after January 1, 2026 and not acting as a group net metering host, must consume at least 33 percent of the generation, on an annual basis.
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91	91	(b) Consumption requirements under this section shall not apply to low and moderate income customers as defined in administrative rules of the public utilities commission in PUC 902.21.
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93	93	5 Effective Date. This act shall take effect 60 days after its passage.
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97	97	LBA
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99	99	25-0476
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101	101	Revised 1/31/25
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105	105	SB 106-FN- FISCAL NOTE
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107	107	AS INTRODUCED
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111	111	AN ACTrelative to the participation of customer generators in net energy metering.
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115	115	FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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118	118	Estimated State Impact
119	119	FY 2025 FY 2026 FY 2027 FY 2028
120	120	Revenue $0 $0 $0 $0
121	121	Revenue Fund(s) None
122	122	Expenditures* $0 IndeterminableIncrease in excess of $1,000,000 IndeterminableIncrease IndeterminableIncrease
123	123	Funding Source(s) Various Agency Funds
124	124	Appropriations* $0 $0 $0 $0
125	125	Funding Source(s) None
126	126	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
127	127	Estimated Political Subdivision Impact
128	128	FY 2025 FY 2026 FY 2027 FY 2028
129	129	County Revenue $0 $0 $0 $0
130	130	County Expenditures $0 IndeterminableIncrease
131	131	Local Revenue $0 $0 $0 $0
132	132	Local Expenditures $0 IndeterminableIncrease
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138	138	Estimated State Impact
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142	142	FY 2025
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144	144	FY 2026
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146	146	FY 2027
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148	148	FY 2028
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150	150	Revenue
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152	152	$0
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154	154	$0
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156	156	$0
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158	158	$0
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160	160	Revenue Fund(s)
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162	162	None
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164	164	Expenditures*
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166	166	$0
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168	168	Indeterminable
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170	170	Increase in excess of $1,000,000
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172	172	Indeterminable
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174	174	Increase
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176	176	Indeterminable
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178	178	Increase
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180	180	Funding Source(s)
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182	182	Various Agency Funds
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184	184	Appropriations*
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186	186	$0
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188	188	$0
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190	190	$0
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192	192	$0
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194	194	Funding Source(s)
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196	196	None
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198	198	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
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202	202	Estimated Political Subdivision Impact
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206	206	FY 2025
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208	208	FY 2026
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210	210	FY 2027
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212	212	FY 2028
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214	214	County Revenue
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216	216	$0
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218	218	$0
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220	220	$0
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222	222	$0
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224	224	County Expenditures
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226	226	$0
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228	228	Indeterminable
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230	230	Increase
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232	232	Local Revenue
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234	234	$0
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236	236	$0
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238	238	$0
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240	240	$0
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242	242	Local Expenditures
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244	244	$0
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246	246	Indeterminable
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248	248	Increase
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252	252	METHODOLOGY:
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254	254	This bill creates new net energy metering tariffs to be available, allowing projects to receive compensation for up to 20 years or until December 31, 2040, whichever is longer. Facilities with a generation capacity between 100 kilowatts and 5 megawatts, operational after January 1, 2023, must use at least 20 percent of their generated energy annually, with exemptions for low and moderate-income customers. Additionally, the Department of Energy states that 20 percent meter consumption requirement is already established elsewhere in statute as well as in the PUC 900 administrative rules. The net impact would be that 100 kw and smaller arrays would function solely as generators but would be compensated at the net metering tariff rate.
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258	258	The Department indicates that this bill removes the requirement for a customer generator and their electrical generating facility to be in the same utility service territory. To enable this, electric distribution utilities' billing systems would need to communicate with each other to share generation and consumption data across different service territories, which is currently not done. It is assumed that any costs associated with establishing the link between billing systems would be recovered by the utilities from all ratepayers, resulting in an indeterminable increase in county and local expenditures. The Department is unable to provide a true estimate of the cost for these billing system upgrades, but it is likely to be in the millions of dollars and require ongoing staff and maintenance to remain operational.
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262	262	Furthermore, according to electricity consumption data from the Department of Administrative Services, the state accounts for approximately 1 percent of all electricity purchases. Consequently, it could potentially experience 1 percent of any overall increase in electricity costs.
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266	266	This bill also establishes a new class for net metering for customer generators, which aims to override the Public Utilities Commission (PUC) decision in Order 27,074 in Docket 22-060. With this legacy period applying to a presumably narrow window, there will be administrative costs for the electric distribution utilities to track this cohort, with all costs being passed on through electric rates to all electric ratepayers.
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270	270	AGENCIES CONTACTED:
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272	272	Department of Energy