CHAPTER 229
HB 1377 – FINAL VERSION
03Mar2010… 0695h
05/12/10 1950s
2010 SESSION
09/10
HOUSE BILL 1377
AN ACT permitting utilities to establish loan programs for owners of residential and business property engaging in renewable energy and energy efficiency projects.
SPONSORS: Rep. Cali-Pitts, Rock 16; Rep. Borden, Rock 18; Sen. Fuller Clark, Dist 24
COMMITTEE: Science, Technology and Energy
This bill permits utilities to establish loan programs for owners of residential and business property engaging in renewable energy and energy efficiency projects.
This bill also establishes a committee to study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Mar2010… 0695h
05/12/10 1950s
10-2471
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT permitting utilities to establish loan programs for owners of residential and business property engaging in renewable energy and energy efficiency projects.
Be it Enacted by the Senate and House of Representatives in General Court convened:
229:1 New Subdivision; Renewable Energy and Energy Efficiency Project Loan Programs. Amend RSA 374 by inserting after section 60 the following new subdivision:
Renewable Energy and Energy Efficiency Project Loan Programs
374:61 Renewable Energy and Energy Efficiency Project Loan Programs. A public utility may seek commission authorization, either individually or in combination with other public utilities, to establish loan, financing, or cost amortization programs for owners and tenants of residential, public, nonprofit, and business property to finance or otherwise amortize cost effective fuel neutral renewable energy and energy efficiency investments and improvements to the owner’s or tenant’s premises. The total amount loaned in such programs shall not exceed $5,000,000. The commission shall authorize terms, conditions, and tariffs for the repayment of such loans and financed or underwritten investments and improvements through charges billed through and that run with the meter or meters assigned to the location where the investments are located, provided that such investments or improvements to a tenant’s premises are only made with the written consent of the owner or the owner’s authorized management representative. Pursuant to RSA 477:4-h, the owner, seller, lessor, or transferor of any real property subject to unamortized or ongoing charges under such a tariff shall disclose such fact to a prospective buyer, lessee, or occupant who might be responsible for paying such charges as a condition of utility service. A public utility may not finance these loan, financing, or cost amortization programs through its rate base, nor earn its regulated rate of return on such program investments and improvements to the owner’s or tenant’s premises, unless such investment is approved as part of a strategy for minimizing transmission and distributions costs pursuant to RSA 374-G.
229:2 New Section; Conveyances of Realty and Interests Therein. Amend RSA 477 by inserting after section 4-g the following new section:
477:4-h Notification Required Prior to Sale, Transfer, Lease, or Rental of Real Property Subject to a Public Utility Tariff Pursuant to RSA 374:61 For the Financing or Amortization of Energy Efficiency or Renewable Energy Improvements.
I. Prior to or during the preparation of an offer for the purchase and sale of any interest in real property and in conjunction with an offer to lease or rent real property and before signing an agreement to sell, transfer, lease, or rent real property the seller, transferor, lessor, or owner shall disclose in writing to the buyer, transferee, lessee, or occupant if, to the seller’s, transferor’s, lessor’s or owner’s knowledge, any metered public utility services at the premises that the buyer, transferee, lessee, or occupant may be responsible for paying as a condition of such utility service is provided under a tariff with unamortized or ongoing charges for energy efficiency or renewable energy improvements pursuant to RSA 374:61. Such disclosure should include, if known, the remaining term and amount of such charges and any estimates or documentation of gross or net energy or fuel savings resulting from such financed or amortized improvements and investments. The buyer shall acknowledge receipt of the disclosure by signing a copy of the disclosure.
II. In the case of a sale or transfer of real property, the fact that information regarding such required disclosure is not available shall also be conveyed, in writing, when such is the case.
229:3 Committee Established. There is established a committee to study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses.
229:4 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
229:5 Duties. The committee shall study methods of encouraging the installation and use of small scale renewable energy resources by homeowners and businesses. The committee shall consider:
I. Allowing New Hampshire homeowners and small businesses to generate revenue from investments in small scale renewable generation.
II. The use of more modern billing and tracking systems such as the “feed-in tariff” approach, rather than the current “net metering” billing, metering, and tracking system.
III. Providing greater transparency in the billing and information exchange between a utility and its retail customers who have installed renewable generation on their premises.
IV. Ensuring that the regulated distribution charges are properly and fairly applied to all electric customers.
229:6 Chairperson. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section.
229:7 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2010.
229:8 Effective Date.
I. Sections 3-7 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: June 28, 2010
Effective Date: I. Sections 3-7 shall take effect June 28, 2010.
II. Remainder shall take effect August 27, 2010