Text to be removed highlighted in red.
1 New Section; Combination of Utility Companies. Amend RSA 363 by inserting after section 3 the following new section:
363:3-a Combination of Utility Companies. It is unlawful for a company which is a regulated gas utility or a regulated electric utility to also operate a regulated water company.
2 Reference Added; Evidence of Violation. Amend RSA 356:4-e, I to read as follows:
I. A final judgment or decree rendered in any civil or criminal proceeding under this chapter brought by the state, to the effect that a defendant has violated RSA 356:2 or 3, RSA 356:3, or RSA 356:3-a shall be prima facie evidence against such defendant in any action or proceeding brought by any other party against such defendant under RSA 356:11 as to all matters respecting which the judgment obtained by the state would be an estoppel as between the parties thereto.
3 Exemption by Regulated Agency. Amend RSA 356:8-a to read as follows:
356:8-a Exemption for Authorized Activity. Activities of and arrangements between persons shall be exempt from this chapter if such are permitted, authorized, approved, required, or regulated by a regulatory body acting under a federal or state statutory scheme or otherwise actively supervised by a regulatory agency. Provided however, the combination of electric utilities as defined by RSA 362:4-a or RSA 362:4-c, or a gas utility as defined by RSA 362:4-b, with a water utility as defined in RSA 362:4, is not in the pubic interest and is prohibited under this chapter.
4 Effective Date. This act shall take effect January 1, 2019.
Text to be added highlighted in green.
1 New Section; Combination of Utility Companies. Amend RSA 363 by inserting after section 3 the following new section:
363:3-a Combination of Utility Companies. It is unlawful for a company which is a regulated gas utility or a regulated electric utility to also operate a regulated water company.
2 Reference Added; Evidence of Violation. Amend RSA 356:4-e, I to read as follows:
I. A final judgment or decree rendered in any civil or criminal proceeding under this chapter brought by the state, to the effect that a defendant has violated RSA 356:2 , RSA 356:3, or RSA 356:3-a shall be prima facie evidence against such defendant in any action or proceeding brought by any other party against such defendant under RSA 356:11 as to all matters respecting which the judgment obtained by the state would be an estoppel as between the parties thereto.
3 Exemption by Regulated Agency. Amend RSA 356:8-a to read as follows:
356:8-a Exemption for Authorized Activity. Activities of and arrangements between persons shall be exempt from this chapter if such are permitted, authorized, approved, required, or regulated by a regulatory body acting under a federal or state statutory scheme or otherwise actively supervised by a regulatory agency. Provided however, the combination of electric utilities as defined by RSA 362:4-a or RSA 362:4-c, or a gas utility as defined by RSA 362:4-b, with a water utility as defined in RSA 362:4, is not in the pubic interest and is prohibited under this chapter.
4 Effective Date. This act shall take effect January 1, 2019.