SB422 (2010) Detail

Relative to small power producer electric sales in brownfields and economically depressed locations.






AN ACT relative to small power producer electric sales in brownfields and economically depressed locations.

SPONSORS: Sen. Fuller Clark, Dist 24; Sen. Janeway, Dist 7; Sen. Merrill, Dist 21; Rep. Borden, Rock 18; Rep. Perry, Straf 3

COMMITTEE: Energy, Environment and Economic Development


This bill permits a small producer of electric energy to sell such energy to purchasers in brownfields or in economic recovery zones.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

AN ACT relative to small power producer electric sales in brownfields and economically depressed locations.

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

1 Limited Electrical Energy Producers; Definitions. Amend RSA 362-A:1-a, I-c, to read as follows:

I-c. “Brownfields” means properties that have been environmentally contaminated.

I-d. “Cogeneration facility” means a facility which produces electric energy and other forms of useful energy, such as steam or heat, which are used for industrial, commercial, heating, or cooling purposes.

2 Purchase of Output by Private Sector. Amend the introductory paragraph of RSA 362-A:2-a, I to read as follows:

I. A [limited] small producer of electrical energy shall have the authority to sell its produced electrical energy to not more than 3 purchasers other than the franchise electric utility, any purchaser located in a brownfields area, and any purchaser located in an economic recovery zone under section 1400U-1 of the United States Internal Revenue Code (1986), unless additional authority to sell is otherwise allowed by statute or commission order. Such purchaser may be any individual, partnership, corporation, or association. The commission may authorize a limited producer, including eligible customer-generators, to sell electricity at retail, either directly or indirectly through an electricity supplier, within a limited geographic area where the purchasers of electricity from the limited producer shall not be charged a transmission tariff or rate for such sales if transmission facilities or capacity under federal jurisdiction are not used or needed for the transaction. The public utilities commission shall review and approve all contracts concerning a retail sale of electricity pursuant to this section. The public utilities commission shall not set the terms of such contracts but may disapprove any contract which in its judgment:

3 Emergency Temporary Zoning and Planning Ordinances; Utility Structures. Amend RSA 674:30, IV to read as follows:

IV. Except for small power production facilities, as defined in RSA 362-A:1-a, X, and cogeneration facilities, as defined in RSA 362-A:1-a, [I-c] I-d, owned and operated by a New Hampshire franchised utility, small power production facilities and cogeneration facilities shall not be considered to be public utilities under this section and may not petition the public utilities commission for an exemption from the operation of any regulation under this subdivision.

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