CHAPTER 149
SB 252 – FINAL VERSION
02/08/12 0410s
2012 SESSION
09/05
SENATE BILL 252
AN ACT increasing the maximum term for energy performance contracts.
SPONSORS: Sen. Merrill, Dist 21; Sen. Larsen, Dist 15; Sen. Stiles, Dist 24; Rep. Kaen, Straf 7
COMMITTEE: Energy and Natural Resources
This bill increases the maximum term for energy performance contracts from 10 to 20 years from the date of project implementation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/08/12 0410s
12-2937
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT increasing the maximum term for energy performance contracts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
149:1 Energy Performance Contracts; Term. Amend RSA 21-I:19-d, II(d) to read as follows:
(d) The term of any energy performance contract entered into pursuant to this section shall not exceed [10] 20 years from the date of project implementation.
149:2 Energy Performance Contracts; Recovery of Costs. Amend RSA 21-I:19-d, II(f) to read as follows:
(f) Any energy performance contract should require the contractor to include all energy efficiency improvement in selected buildings that are calculated to recover all costs within [10] 20 years from the date of project implementation at existing energy prices. The contract shall require that the public utility or energy services provider be repaid only to the extent of energy cost savings guaranteed by the contractor to accrue over the term of the contract. Repayments to the public utility or energy services provider shall be interest-free.
149:3 Definition of Energy Cost Saving Measure. Amend RSA 21-I:19-b, I to read as follows:
I. “Energy cost saving measure” means any construction, improvement, repair, alteration, or betterment of any building or facility or any equipment, fixture, or furnishing to be added to or used in any building or facility that will be a cost effective energy-related project. This shall include any project that will lower energy or utility costs in connection with the operation or maintenance of such building or facility and will achieve energy cost savings sufficient to recover any project costs or incurred debt service within [10] 20 years from the date of project implementation.
149:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 7, 2012
Effective Date: August 6, 2012