Revision: March 5, 2009, midnight
HB 229 – AS AMENDED BY THE HOUSE
04Mar2009… 0193h
2009 SESSION
06/09
HOUSE BILL 229
AN ACT clarifying the eligibility requirements for class IV renewable energy generating facilities.
SPONSORS: Rep. S. Harvey, Hills 21; Sen. Fuller Clark, Dist 24
COMMITTEE: Science, Technology and Energy
This bill clarifies certain eligibility requirements for class IV renewable energy generating facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Mar2009… 0193h
09-0364
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT clarifying the eligibility requirements for class IV renewable energy generating facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Electric Renewable Energy Classes. Amend RSA 362-F:4, IV to read as follows:
IV.(a) Class IV (Existing Small Hydroelectric) shall include the production of electricity from hydroelectric energy, provided the [source] facility began operation prior to January 1, 2006, has a [gross] total nameplate capacity of 5 MWs or less as measured by the sum of the nameplate capacities of all the generators at the facility, has actually installed both upstream and downstream diadromous fish passages [that have been required and approved under the terms of its license or exemption from] and such installations have been approved by the Federal Energy Regulatory Commission, and when required, has documented applicable state water quality certification pursuant to section 401 of the Clean Water Act for hydroelectric projects.
(b) Previously certified class IV sources that no longer meet certification requirements under this paragraph shall have their class IV certifications automatically revoked upon the effective date of this subparagraph. The commission shall issue all appropriate forms of notification to the previously certified class IV sources, and to the general information system (GIS) administrator, notifying the parties that certification has been revoked and specifying the date that certification was revoked. All class IV renewable energy certificates created before the effective date of this subparagraph by previously certified class IV sources, that will no longer be certified under this subparagraph, shall remain valid class IV renewable energy certificates that can be used or acquired for purposes of compliance with the electricity provider's requirements for class IV under RSA 362-F:3. Certificates shall be created by generation from a certified class IV facility.
2 Effective Date. This act shall take effect January 1, 2010.