New Hampshire 2025 Regular Session

New Hampshire Senate Bill SB108 Compare Versions

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1	1	SB 108-FN - AS AMENDED BY THE SENATE
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5	5	03/06/2025 0550s
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7	7	2025 SESSION
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9	9	25-0946
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15	15	SENATE BILL108-FN
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19	19	AN ACTrelative to the department of energy.
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23	23	SPONSORS:Sen. Pearl, Dist 17; Sen. Avard, Dist 12; Sen. Lang, Dist 2; Sen. Murphy, Dist 16; Sen. Sullivan, Dist 18; Sen. Gannon, Dist 23; Sen. McGough, Dist 11; Sen. Rosenwald, Dist 13; Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Rep. Spillane, Rock. 2; Rep. Cambrils, Merr. 4; Rep. Moffett, Merr. 4; Rep. See, Merr. 26
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27	27	COMMITTEE:Energy and Natural Resources
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35	35	ANALYSIS
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39	39	This bill transfers specific regulatory and adjudicative responsibilities from the public utilities commission to the department of energy, including prohibiting unauthorized telecommunications service provision, protecting ratepayer communication preferences, and refining net energy metering, assessment, complaint, investigation, and aggregation procedures.
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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51	51	Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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	03/06/2025 0550s25-0946
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55	55	06/02
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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 department of energy.
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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 Ratepayer Protection. Amend RSA 374-F:4-b, I to read as follows:
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77	77	I. Within 60 days of the effective date of this section, the [commission] department of energy shall initiate a proceeding to develop rules to allow residential and small commercial customers to choose how they receive communication from competitive electric suppliers and to implement the provisions of this section. Where the [commission] department has adopted rules in conformity with this section, complaints to and proceedings before the [commission] department shall not be subject to RSA 541-A:29 or RSA 541-A:29-a.
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79	79	2 Net Energy Metering. Amend RSA 362-A:9, I and I-a to read as follows:
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81	81	I. Standard tariffs providing for net energy metering shall be made available to eligible customer-generators by each electric distribution utility in conformance with net metering rules adopted by the department and orders issued by the commission. [Each net energy metering tariff shall be identical, with respect to rates, rate structure, and charges, to the tariff under which a customer-generator would otherwise take default generation supply service from the distribution utility. Such tariffs shall be available on a first-come, first-served basis within each electric utility service area under the jurisdiction of the commission until such time as the total rated generating capacity owned or operated by eligible customer-generators totals a number equal to 100 megawatts, with 50 megawatts of the 100 megawatts allocated to the 4 electric distribution utilities that were subject to the commission's jurisdiction in 2010 multiplied by each such utility's percentage share of the total 2010 annual coincident peak energy demand distributed by those 4 utilities, and 50 megawatts of the 100 megawatts allocated to the state's 3 investor-owned electric distribution utilities, multiplied by each such utility's percentage share of the total 2010 annual coincident peak energy demand distributed by those 3 utilities, all to be determined by the commission and to be utilized by eligible customer-generators located within each such utilities' service territory. Eighty percent of each utility's share of the 50 megawatts shall be apportioned to facilities with a total generating capacity of not more than 100 kilowatts and 20 percent to facilities with a total generating capacity in excess of 100 kilowatts, but no greater than one megawatt. The 50 megawatts of capacity shall be made available to eligible customer-generators until such time as commission approved alternative net metering tariffs approved by the commission become available. No more than 4 megawatts of such total rated generating capacity shall be from a combined heat and power system as defined in RSA 362-A:1-a, I-d.] Each net energy metering tariff shall be identical, with respect to rates, rate structure, and charges, to the tariff under which a customer-generator would otherwise take default generation supply service from the distribution utility. Standard tariffs shall be made available to eligible customer-generators until such time as commission approved alternative net metering tariffs approved by the commission become available.
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83	83	I-a. [No person, owner, developer, installer of an eligible customer-generator facility, business organization, or any subsidiary thereof, shall reserve capacity space in the net metering interconnection queue of more than 20 percent of the total net metering utility-specific allocation pursuant to this section, and the creation of multiple business organizations, including a person, as defined in RSA 366:1, I, by the same shall not defeat this requirement. On a weekly basis each utility shall make public on its website its total net metering allocation, its reserved net metering capacity, and its installed and operating net metering capacity. For project applications of greater than 100 kilowatts, each utility net metering interconnection queue application shall include a certification of compliance with the 20 percent requirement, all persons involved in such an application shall sign the certification of compliance, and no application shall be processed where one or more persons involved in the application did not sign the certification of compliance.] Alternative tariffs providing for net energy metering shall be made available to eligible customer-generators by each investor-owned electric distribution utility in conformance with order 26,029 issued by the commission on June 23, 2017, and rules adopted by the department. The alternative tariffs shall be made available to such customer-generators until such time as the commission approves alternative net metering tariffs in accordance with RSA 362-A:9, XVI (a).
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85	85	3 Certification of Assessment. Amend RSA 363-A:3 to read as follows:
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87	87	363-A:3 Certification of Assessment. It shall be the duty of the department of energy to calculate the amount to be assessed against each such public utility and each other entity subject to assessment in accordance with RSA 363-A:1 and RSA 363-A:2. At the beginning of each fiscal year, the department of energy shall estimate the total expenses for the fiscal year, and then, based on such estimate, shall calculate the amount to be assessed quarterly on September 15, November 15, February 15, and April 15 of that fiscal year. For entities with assessments less than $10,000, the department may bill those entities the entire amount on September 15 of that fiscal year. The department of energy shall then make a list showing the amount assessed September 15, November 15, February 15, and April 15 of that fiscal year to each of the several public utilities and other entities assessed under the provisions hereof, and, together with a statement of the full name and mailing address of each such public utility and other assessed entity, shall certify the same. Each public utility and entity subject to assessment under RSA 363-A:1 and A:2 and registered with the department on July 1 of the new fiscal year shall be liable for their entire amount assessed for that fiscal year. After the close of each fiscal year, the department of energy shall ascertain the actual total expenses in accordance with RSA 363-A:1 and RSA 363-A:2, and then shall adjust the assessment for the first or only payment of the new fiscal year for each such public utility or other assessed entity for any underpayment or overpayment by each such public utility or other assessed entity for the prior fiscal year.
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89	89	4 Complaints. Amend RSA 365:1 to read as follows:
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91	91	365:1 [Complaint Against Public Utilities] Complaints. Any person may make a formal complaint to the department of energy by petition setting forth in writing any thing or act claimed to have been done or to have been omitted by any [public utility] entity subject to the department's or commission's jurisdictions and in violation of any provision of [law], statute or rule, or of the terms and conditions of registration, tariff, community aggregation plan, franchises or charter, or of any order of the department or commission, provided such person has first made the same or a substantially similar complaint to the department’s consumer services division and exhausted all available remedies available through that division. RSA 541-A:29 and RSA 541-A:29-a shall not apply to informal or formal complaints filed with the department.
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93	93	5 Exceptions. Amend RSA 365:1-a to read as follows:
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95	95	365:1-a Exceptions. Except for complaints about RSA 371:17 through RSA 371:24, RSA 374:2-a, RSA 374:22-p, I(b), RSA 374:28-a, RSA 374:34-a, RSA 374:48 through RSA 374:56, RSA 374:59, and RSA 378:44 through RSA 378:48, the provisions of this chapter shall not apply to any end user of an excepted local exchange carrier, nor to any service provided to such end user. Such end users may make complaints [to the commission] regarding basic service, as defined by RSA 374:22-p, I(b) by excepted local exchange carriers. Except for complaints about RSAs 371:17 through 371:24, 374:34-a, 374:48 though 374:56, and 374:59, the provisions of this chapter shall not apply to any end user of a voice over Internet protocol (VoIP) provider, IP-enabled service provider, or cellular mobile radio communication services carrier.
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97	97	6 Investigation and Voluntary Resolution. RSA 365:2 is repealed and reenacted to read as follows:
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99	99	365:2 Investigation and Voluntary Resolution. The department of energy may investigate and resolve any complaint made to the department using non-adjudicative procedures. The department may adopt rules for this purpose or may set out procedural requirements by order for the investigation and resolution of complaints.
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101	101	7 Reparation. Amend RSA 365:3 to read as follows:
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103	103	365:3 Reparation. If the [public utility] jurisdictional entity complained of shall make reparation for any injury alleged and shall cease to commit or to permit the violation [of law, franchise, or order] charged in the complaint, and shall notify the department of energy of that fact[ before the time allowed for answer], the department shall not be required to take any further action upon the [charges] matters complained of.
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105	105	8 Department and Commission Adjudications. RSA 365:4 is repealed and reenacted to read as follows:
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107	107	365:4 Department and Commission Adjudications. If the charges are not resolved voluntarily as provided in RSA 365:2 or satisfied as provided in RSA 365:3, then, for complaints over which only the department has jurisdiction, the department of energy may either issue an order dismissing the complaint or commence an adjudicative proceeding. For complaints over which the commission has jurisdiction, if requested by the person filing the complaint, the department shall transfer the complaint petition to the commission, along with a report of its investigation and attempts to resolve the complaint, whereupon the commission shall issue an order of notice opening an adjudicative proceeding.
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109	109	9 Aggregation Program. Amend RSA 53-E:7, X to read as follows:
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111	111	X. The commission shall adopt rules, under RSA 541-A, to implement this chapter and, to the extent authorities granted to municipalities and counties by this chapter materially affect the interests of electric distribution utilities and their customers, to reasonably balance such interests with those of municipalities and counties for the public good, which may also be done through adjudicative proceedings to the extent specified or not addressed in rules. Such rules shall include but not be limited to rules governing the relationship between municipal and county aggregators and distribution utilities, metering, billing, access to customer data for planning and operation of aggregations, notice of the commencement or termination of aggregation services and products, and the reestablishment of a municipal or county aggregation that has substantially ceased to provide services. Where the commission has adopted rules or issued orders in conformity with this chapter, complaints pertaining to actions undertaken or omitted by any municipal or county aggregator or electric distribution utility arising under this chapter, applicable rules, or orders of the commission, shall be made to the department. [Thereupon, the department shall cause a copy of said complaint to be forwarded to the municipal or county aggregator or electric distribution utility complained of, which may be accompanied by an order, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by the department. If the charges are not satisfied and it shall appear to the department that there are reasonable grounds therefor, it shall investigate the same in such manner and by such means as it shall deem proper. After investigation, the department may bring proceedings on its own motion before the commission, with respect to any complaint or violation arising under this chapter, applicable rules, or orders of the commission. If the party bringing the complaint is unsatisfied with the disposition of the complaint by the department, then they may petition the commission to resolve the matter through an adjudicative proceeding.] Notwithstanding any other provision of law to the contrary, municipal and county aggregators shall be subject to the jurisdiction of the department for purposes of this paragraph. For non-residential ratepayers, the department shall docket and make public any received complaint. Complaints to the department and proceedings before the commission shall not be subject to RSA 541-A:29 or RSA 541-A:29-a.
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113	113	10 Repeal. RSA 362-A:9, XVIII, relative to net metering caps, is repealed.
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115	115	11 Effective Date. This act shall take effect 60 days after its passage.
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119	119	LBA
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121	121	25-0946
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123	123	Revised 2/4/25
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127	127	SB 108-FN- FISCAL NOTE
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129	129	AS INTRODUCED
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133	133	AN ACTrelative to the department of energy.
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137	137	FISCAL IMPACT:
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139	139	The Office of Legislative Budget Assistant states this bill has no fiscal impact on state, county and local expenditures or revenue.
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145	145	AGENCIES CONTACTED:
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147	147	Department of Energy and Public Utilities Commission