SB 446 - FINAL VERSION
03/14/2018 0972s
03/14/2018 1021s
3May2018... 1742h
2018 SESSION
18-2961
10/06
SENATE BILL 446
AN ACT relative to net energy metering limits for customer-generators.
SPONSORS: Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Sen. Giuda, Dist 2; Sen. Gray, Dist 6; Sen. Innis, Dist 24; Sen. Kahn, Dist 10; Sen. Reagan, Dist 17; Sen. Sanborn, Dist 9; Sen. Watters, Dist 4; Rep. Vose, Rock. 9; Rep. Backus, Hills. 19; Rep. Barry, Hills. 21; Rep. Seidel, Hills. 28
COMMITTEE: Energy and Natural Resources
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AMENDED ANALYSIS
This bill increases the electric generating capacity of customer generators who may participate in net energy metering and modifies the transition of tariffs applicable to certain customer-generators. The bill also clarifies the definition of eligible customer-generator for purposes of the utility property tax.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/2018 0972s
03/14/2018 1021s
3May2018... 1742h 18-2961
10/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to net energy metering limits for customer-generators.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Net Energy Metering; Definition of Eligible Customer-generator. Amend RSA 362-A:1-a, II-b to read as follows:
II-b. "Eligible customer-generator'' or "customer-generator'' means an electric utility customer who owns, operates, or purchases power from an electrical generating facility either powered by renewable energy or which employs a heat led combined heat and power system, with a total peak generating capacity of up to and including [one megawatt,] 5 megawatts and that is located behind a retail meter on the customer's premises, is interconnected and operates in parallel with the electric grid, and is used to offset the customer's own electricity requirements. Incremental generation added to an existing generation facility, that does not itself qualify for net metering, shall qualify if such incremental generation meets the qualifications of this paragraph and is metered separately from the nonqualifying facility.
2 Utility Property Tax; Definition of Eligible Customer-Generator; Exclusion Clarified. Amend RSA 83-F:1, V(d) to read as follows:
(d) The electrical generation, production, and supply equipment of an "eligible customer-generator" as defined in RSA 362-A:1-a, II-b, up to and including one megawatt;
3 Net Energy Metering; Transition of Tariffs. Amend RSA 362-A:9, XV to read as follows:
XV. Standard tariffs that are available to eligible customer-generators under this section shall terminate on December 31, 2040 and such customer-generators shall transition to tariffs that are in effect at that time. Customer-generators with a total peak generating capacity of more than one megawatt and not exceeding 5 megawatts shall be grandfathered with the net metering design and structure specified in this section through December 31, 2030, if the customer-generator’s electrical generating facility first becomes operational on or after July 1, 2018. After December 31, 2030, those customer-generators shall transition to tariffs that are in effect at that time.
4 Effective Date. This act shall take effect 60 days after its passage.
VETOED June 19, 2018
18-2961
Amended 3/27/18
SB 446- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENTS #2018-0972s and #2018-1021s)
AN ACT relative to net energy metering limits for customer-generators.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Various Government Funds | |||
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COUNTY: |
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Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
The Public Utilities Commission (PUC) indicates this bill modifies the definition of "eligible customer-generator" and "customer-generator" by increasing the total peak generating capacity from one megawatt (MW) to 5 MW, and to 25 MW if the facility's output allocated for net energy metering participation is limited to not more than 5 MW. The bill retains the current net metering billing credit for facilities greater than or equal to 100 kilowatts (kW) and up to 1 MW. Section 3 of the bill directs the PUC to initiate a proceeding to determine an interim rate (tariff) and issue its order within 6 months of the effective date. Upon issuance of the PUC order, facilities greater than 1 MW and less than or equal to 5 MW would be eligible for net metering. Facilities interconnecting under the interim tariff will be grandfathered under the interim tariff for 12 years from the facility's date of interconnection. The PUC shall determine a net metering tariff for facilities greater than 1 MW and less than or equal to 5 MW within 3 years based upon the results and considerations in docket DE 16-576 (Development of New Alternative Net Metering Tariffs and/or Other Regulatory Mechanisms and Tariffs for Customer- Generators).
If this bill were passed, larger customer-generators with capacities up to 25 MW would be eligible for net metering once the commission issues an order for an interim tariff. Existing large renewable energy facilities such as hydro, wind and landfill gas facilities may switch to become customer-generators and employ the net metering tariff for compensation. Development and interconnection of new large customer sited renewable generation facilities such as solar, hydro, wind, and landfill gas may also increase. Increased installations of customer sited sources (customer generators) will increase capacity on the electricity distribution system and may decrease overall load due to the behind the meter usage of customer-generator generation.
To the extent State, county or local governmental units are able to install their own renewable generation facilities, those governmental entities may benefit from lower electricity costs and may also receive revenues in the form of net metered payments for excess power generated.
AGENCIES CONTACTED:
Public Utilities Commission
| Date | Body | Type |
|---|---|---|
| Jan. 23, 2018 | Senate | Hearing |
| March 8, 2018 | Senate | Floor Vote |
| March 8, 2018 | Senate | Floor Vote |
| March 14, 2018 | Senate | Floor Vote |
| March 28, 2018 | House | Hearing |
| April 4, 2018 | House | Exec Session |
| House | Floor Vote | |
| April 19, 2018 | House | Floor Vote |
| April 19, 2018 | House | Floor Vote |
| April 24, 2018 | House | Hearing |
| April 24, 2018 | House | Exec Session |
| May 2, 2018 | House | Floor Vote |
June 19, 2018: Vetoed by Governor 06/19/2018
May 23, 2018: Enrolled (In recess 05/23/2018); SJ 18
May 23, 2018: Enrolled 05/23/2018
May 10, 2018: Sen. Avard Moved to Concur with the House Amendment, MA, VV; 05/10/2018; SJ 17
May 3, 2018: Ought to Pass with Amendment 1742h: MA VV 05/03/2018
May 3, 2018: FLAM # 2018-1826h (Rep. Harrington): AF RC 116-213 05/03/2018
May 3, 2018: Amendment # 2018-1742h: AA VV 05/03/2018
May 2, 2018: Removed from Consent (Rep. Harrington) 05/02/2018
: Committee Report: Ought to Pass with Amendment # 2018-1742h (Vote 19-1; CC)
May 2, 2018: Committee Report: Ought to Pass with Amendment # 2018-1742h for 05/02/2018 (Vote 19-1; CC) HC 17 P. 8
April 24, 2018: Executive Session: 04/24/2018 LOB 304
April 24, 2018: Full Committee Work Session: 04/24/2018 01:30 PM LOB 304
April 24, 2018: Public Hearing on Amendment # 2018-1645h: 04/24/2018 11:00 AM LOB 304
April 19, 2018: Recommit (Rep. Barry): MA VV 04/19/2018 HJ 13 P. 18
April 19, 2018: Special Order to next order of business (Rep. Barry): MA DV 254-79 04/19/2018 HJ 13 P. 17
April 19, 2018: Removed from Consent (Rep. Harrington) 04/19/2018 HJ 13 P. 2
: Committee Report: Ought to Pass with Amendment # 2018-1357h (Vote 19-0; CC)
April 19, 2018: Committee Report: Ought to Pass with Amendment # 2018-1357h for 04/19/2018 (Vote 19-0; CC) HC 15 P. 9
April 4, 2018: Executive Session: 04/04/2018 LOB 304
April 4, 2018: Full Committee Work Session: 04/04/2018 10:00 AM LOB 304
March 28, 2018: Public Hearing: 03/28/2018 10:00 AM LOB 304
March 15, 2018: Introduced 03/15/2018 and referred to Science, Technology and Energy HJ 8 P. 70
March 14, 2018: Ought to Pass with Amendments 2018-0972s and 2018-1021s, MA, VV; OT3rdg; 03/14/2018; SJ 7
March 14, 2018: Sen. Bradley Floor Amendment # 2018-1021s, AA, VV; 03/14/2018; SJ 7
March 14, 2018: Committee Amendment # 2018-0972s, AA, VV; 03/14/2018; SJ 7
March 14, 2018: Committee Report: Ought to Pass with Amendment # 2018-0972s, 03/14/2018; SC 11
March 8, 2018: Special Order to the next session, Without Objection, MA; 03/08/2018; SJ 6
March 8, 2018: Sen. Bradley Moved to Remove SB 446 from the Consent Calendar; 03/08/2018; SJ 6
March 8, 2018: Committee Report: Ought to Pass with Amendment # 2018-0972s, 03/08/2018; Vote 5-0; CC; SC 10A
Jan. 23, 2018: Hearing: 01/23/2018, Room 103, SH, 09:15 am; SC 3
Jan. 3, 2018: To Be Introduced 01/03/2018 and Referred to Energy and Natural Resources; SJ 1