Bill Text - SB577 (2018)

(Second New Title) requiring the public utilities commission to revise its order affecting the Burgess BioPower plant in Berlin, prohibiting the import of certain liquid fuels, and relative to the production of useful thermal energy.


Revision: June 29, 2018, 7:40 a.m.

CHAPTER 340

SB 577 - FINAL VERSION

 

03/08/2018   0721s

03/08/2018   0884s

3May2018... 1677h

05/23/2018   2079EBA

 

2018 SESSION

18-2889

10/06

 

SENATE BILL 577

 

AN ACT requiring the public utilities commission to revise its order affecting the Burgess BioPower plant in Berlin, prohibiting the import of certain liquid fuels, and relative to the production of useful thermal energy.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. Woodburn, Dist 1; Sen. Giuda, Dist 2; Sen. Avard, Dist 12; Rep. Theberge, Coos 3; Rep. Y. Thomas, Coos 3; Rep. Chandler, Carr. 1

 

COMMITTEE: Energy and Natural Resources

 

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AMENDED ANALYSIS

 

This bill:  

 

I.  Requires the public utilities commission to reopen a proceeding to revise to its order affecting the Burgess BioPower plant in Berlin.

 

II.  Prohibits the import of certain liquid fuels and prohibits the sale of such fuels in 2019.

 

III.  Changes the inclusion in electric renewable energy class I for methane gas.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/08/2018   0721s

03/08/2018   0884s

3May2018... 1677h

05/23/2018   2079EBA 18-2889

10/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT requiring the public utilities commission to revise its order affecting the Burgess BioPower plant in Berlin, prohibiting the import of certain liquid fuels, and relative to the production of useful thermal energy.

 

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

 

340:1  Findings.  The general court finds that the continued operation of the Burgess BioPower plant in Berlin is important to the energy infrastructure of the state of New Hampshire and important for the attainment of renewable energy portfolio standard goals of fuel diversity, capacity, and sustainability.

340:2  Public Utilities Commission; Proceedings; Authority to Amend Order.  Notwithstanding any other provision of the law to the contrary, the public utilities commission shall reopen its Docket DE 10-195 and forthwith revise its Order No. 25,213 in the following manner:

I.  Suspension of Operation of Cap.  The public utilities commission shall amend its Order No. 25,213 (Docket DE 10-195) to suspend the operation of the cap on the cumulative reduction factor as set forth on page 97 of its Order for a period of 3 years from the date the operation of the cap would have otherwise taken effect.

II.  During the proceedings the Burgess BioPower plant shall, upon request, make their cost and profitability records available to the public utilities commission, which records shall be exempt from public disclosure under RSA 91-A:5, IV.  

340:3  Sulphur Limits; Import Prohibited.  Amend RSA 125-C:10-d to read as follows:

125-C:10-d  Sulfur Limits of Certain Liquid Fuels.

I.  No person shall import into the state any of the following liquid fuels:

(a)  No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight;

(b)  No. 4 oil with a sulfur content greater than 0.25 percent by weight; or

(c)  Nos. 5 or 6 oil, also referred to as residual oil, with a sulfur content greater than 0.5 percent by weight.

II.  Beginning on February 1, 2019 and continuing thereafter, no person shall sell, offer for sale, supply, distribute for sale or use, except for fuel remaining in storage for a device not requiring a permit pursuant to RSA 125-C:11, any of the following liquid fuels:

(a)  No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight;

(b)  No. 4 oil with a sulfur content greater than 0.25 percent by weight; or

(c)  Nos. 5 or 6 oil, also referred to as residual oil, with a sulfur content greater than 0.5 percent by weight.

[II] III.  The commissioner may temporarily allow the use of non-conforming fuels with respect to paragraph [I] II if there is a demonstrated need to do so based on an acute shortage of supply.

340:4  Electric Renewable Energy Classes; Useful Thermal Energy.  Amend RSA 362-F:4, I(e) to read as follows:

(e)  Methane gas if the methane gas energy output is in the form of useful thermal energy provided that the unit began operation after January 1, 2013.

340:5  Effective Date.  

I.  Section 3 of this act shall take effect July 1, 2018 at 12:01 a.m.

II.  Section 4 of this act shall take effect 60 days after its passage.

III.  The remainder of this act shall take effect July 1, 2018.

 

Approved: June 28, 2018

Effective Date:

I. Section 3 shall take effect July 1, 2018 at 12:01 a.m.

II. Section 4 shall take effect August 27, 2018.

III. Remainder shall take effect July 1, 2018.