Bill Text - HB395 (2009)

(New Title) requiring electric utilities to offer renewable energy source options.

Revision: March 24, 2009, midnight





AN ACT requiring electric utilities to offer a renewable default energy service option.

SPONSORS: Rep. S. Harvey, Hills 21; Rep. Borden, Rock 18; Rep. Sad, Ches 2; Sen. Merrill, Dist 21; Sen. Fuller Clark, Dist 24

COMMITTEE: Science, Technology and Energy


This bill requires electric utilities to offer a renewable default energy service option.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Nine

AN ACT requiring electric utilities to offer a renewable default energy service option.

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

1 Electric Utilities; Renewable Energy Service Option. Amend RSA 374-F:3, V(f) to read as follows:

(f)(1) A utility [may, at its discretion,] shall allow its customers the ability to choose a renewable default energy [transition] service option from one or more options, as approved by the commission. A renewable default energy [transition] service option should have either all or a portion of its service attributable to a renewable energy component, with any remainder filled by standard [transition] default energy service. Costs associated with the renewable energy component should be paid for by those customers choosing to take the renewable default energy [transition] service option; the price of the renewable energy component shall be approved by the commission.

(2) The renewable default energy component should be composed of the purchase of electricity from generation sites powered by renewable energy and located within the ozone transport region (Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia) or, as approved by the commission in consultation with the department of environmental services, the purchase of various forms of renewable energy certificates or emission credits, allowances, or certificates attributable to such generation sites, but acquired separately from the electricity produced. Renewable energy certificates administered by the Independent System Operator-New England should be considered at least one form of certification that is acceptable under this program.

(3) For purposes of subparagraph (f), “renewable energy” means geothermal energy, ocean thermal, wave, current, or tidal [or wave] energy, wind energy, solar thermal energy, photovoltaic energy, [landfill gas energy] methane gas, [hydro energy, biomass energy] biodiesel, energy generated from bio-oil, bio synthetic gas, [and biodiesel] hydrogen derived from biomass fuels or methane gas, and eligible biomass energy and hydroelectric energy as defined in RSA [362-A:1-a, I, I-a, and I-b, or combusted municipal waste energy where mercury emissions are reduced to an emission rate of 0.028 milligrams per dry standard cubic meter or less corrected to 7 percent oxygen by volume on a dry basis, or at least 85 percent control efficiency] 362-F:4.

(4) A utility that is required by statute to provide [transition] default energy service from its generation assets should use any of its owned generation assets that are powered by renewable energy for the provision of standard [transition] default energy service, rather than for the provision of a renewable energy component.

(5) Utilities offering renewable default energy [transition] service options should insert educational materials in their normal mailings to their customers that explain the renewable default energy [transition] service options being offered and the health and environmental benefits associated with them. Such educational materials should be compatible with any environmental disclosure requirements established by the commission.

(6) For purposes of consumer protection and the maintenance of program integrity, reasonable efforts should be made to assure that the renewable energy component of a renewable default energy [transition] service option is not separately advertised, claimed, or sold as part of any other electricity service or transaction.

2 Effective Date. This act shall take effect 60 days after its passage.