Revision: May 16, 2018, 8:40 a.m.
SB 446 - VERSION ADOPTED BY BOTH BODIES
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
18-2961
Amended 5/15/18
SB 446- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2018-1742h)
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 "eligible customer-generator" and "customer-generator" by increasing the total peak generating capacity from one megawatt (MW) to 5 MW. It retains the current net metering billing credit for facilities greater than 100 kilowatts (kW) and up to 1 MW. Section 1 of the bill provides that facilities greater than 1 MW and less than or equal to 5 MW would be eligible for net metering under the current tariff arrangement (i.e. net metering for 100 kW to l MW receive default service rates). Facilities over 1 MW and up to 5 MW interconnecting under the current tariff will be grandfathered for 12 years until 2030, if the customer-generator's electrical generating facility first became operational on or after July 1, 2018. After December 31, 2030, those customergenerators would transition to tariffs that are in effect at the time.
Larger customer-generators (renewable energy facilities with capacities up to and including 5 MW) would be eligible for net metering 60-days after passage of the bill. Existing large renewable energy facilities such as hydro, wind and landfill gas may switch to become customer generators and employ the current net metering tariff for compensation. Development and interconnection of new large customer sited renewable generation facilities like solar, hydro, wind and landfill gas may also employ the net metering tariff for compensation and would be grandfathered until December 31, 2030. This provision may increase development of new large-scale renewable systems. Increased installations of customer sited sources, or customer-generators, will increase capacity on the electricity distribution system and may decrease overall load due to the behind the meter usage of customer-generated electricity.
To the extent that the 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