SB 167-FN - FINAL VERSION
SENATE BILL 167-FN
SPONSORS: Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Watters, Dist 4; Rep. Cali-Pitts, Rock. 30; Rep. Mann, Ches. 2; Rep. Oxenham, Sull. 1; Rep. Merner, Coos 7
COMMITTEE: Energy and Natural Resources
I. Establishes a commission to investigate the cost-effective procurement of renewable energy generation resources.
II. Authorizes the public utilities commission to fund expenses of the commission.
III. Authorizes the public utilities commission to directly assess gas and electric distribution utilities costs incurred.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06/27/2019 2666EBA 19-1081
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose Statement. In order to promote more diverse, reliable, and resilient electricity across New Hampshire, it is in the interest of all New Hampshire ratepayers to determine a cost-effective pathway toward creating new long-term contracts for renewable energy generation, in accordance with RSA 374-F.
374-F:10 Procurement of Renewable Energy Generation Resources; Commission Established.
I. There is established a commission to investigate cost-effective methods to increase renewable energy generation resources for New Hampshire ratepayers through competitive energy procurement or long-term contracting, or both.
II. The members of the commission shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Two members of the house of representatives, at least one of whom shall be a member of the science, technology and energy committee, appointed by the speaker of the house of representatives.
(c) The director of the office of strategic initiatives, or designee.
(d) A chairperson of the public utilities commission, or designee.
(e) The consumer advocate, or designee.
(f) The commissioner of the department of environmental services, or designee.
(g) A representative of Clean Energy NH, appointed by that association.
(h) A representative of the Business and Industry Association of New Hampshire, appointed by its president.
(i) A representative of the New England Power Generators Association, appointed by the association.
(j) A representative of the New Hampshire Electric Cooperative, appointed by the executive director.
(k) A representative of the land conservation community, appointed by the governor.
(l) A representative of Eversource, appointed by its president.
(m) A representative of Unitil, appointed by its president.
(n) A representative of Liberty Utilities, appointed by its president.
(o) A representative of the renewable energy development industry, appointed by the governor.
(p) A representative of the renewable wind energy development industry, appointed by the president of the senate.
(q) A representative of the renewable solar energy development industry, appointed by the speaker of the house of representatives.
(r) A representative of the Conservation Law Foundation, appointed by the foundation.
(s) A representative of Great River Hydro LLC, appointed by the LLC.
(t) A representative of the New Hampshire Timberland Owners Association, appointed by the association.
III. The commission shall consider and make specific recommendations on the following topics:
(a) Eligible renewable energy generation resources allowed to participate in a competitive New Hampshire procurement.
(b) The appropriate amount of renewable energy generation resources to procure for New Hampshire ratepayers, and the time frame in which to do so.
(c) The short and long-term rate impacts of renewable energy resource procurement on default energy supply.
(d) The economic and environmental costs and benefits of in-state resources and out-of-state renewable energy resources.
(e) Potential impacts upon the state and regional electricity markets and state restructuring laws.
(f) Appropriate state agency or designee to adopt rules for a competitive solicitation and/or to conduct the competitive process, review the proposals, and make final selections.
(g) Appropriate time frame needed to develop, launch, review, and set long term power purchase contracts for clean energy generation resources.
(h) Appropriate criteria by which to value renewable energy resources.
(i) The pros and cons of the current default energy service procurement process in soliciting firm and intermittent resources.
IV. The first meeting of the commission shall be called by the senate member and shall be held within 30 days of the effective date of this section. The members of the commission shall elect a chairperson from among the members at the first meeting. Eleven members of the commission shall constitute a quorum.
V. The commission shall make a final report, on or before October 1, 2020, to the speaker of the house of representatives, the president of the senate, the governor, and the chairperson of the public utilities commission. The report shall describe the activities and findings of the commission and any recommendations for either 1) proposed legislation, or 2) direction to the public utilities commission to initiate a proceeding with the utilities and stakeholders to determine a competitive process and time line to secure clean energy generation resources for New Hampshire ratepayers.
VI. The commission shall have a budget of up to $100,000 in order to hire technical and consulting support. The public utilities commission is authorized to contract for such services on behalf of the commission and to undertake an assessment for the same.
3 Repeal. RSA 374-F:10, relative to the commission to investigate the cost-effective procurement of renewable energy generation resources, is repealed.
374-F:8 Participation in Regional Activities. The commission shall advocate for New Hampshire interests before the Federal Energy Regulatory Commission and other regional and federal bodies. The commission shall participate in the activities of the New England Conference of Public Utility Commissioners, the National Association of Regulatory Utility Commissioners, and the New England States Committee on Electricity, or other similar organizations, and work with the New England Independent System Operator and NEPOOL to advance the interests of New Hampshire with respect to wholesale electric issues, including policy goals relating to fuel diversity, renewable energy, and energy efficiency, and to assure nondiscriminatory open access to a safe, adequate, and reliable transmission system at just and reasonable prices. The commission shall advocate against proposed regional or federal rules or policies that are inconsistent with the policies, rules, or laws of New Hampshire. In its participation in regional activities, the commission shall consider how other states' policies will impact New Hampshire rates and work to prevent or minimize any rate impact the commission determines to be unjust or unreasonable. The commission shall directly assess gas and electric distribution utilities the costs and expenses of fulfilling its duties under this paragraph, including the costs and expenses of assistants hired by the commission, based on the annual revenues of the utilities in the same manner as issued in assessing the annual operating expenses of the commission, or as appropriate and equitable on a case by case basis. Such costs and expenses shall not include any part of the salaries of the commissioners or of employees of the commission, or the commission’s membership fees for the New England Conference of Public Utility Commissioners and the National Association of Regulatory Utility Commissioners. The commission may make and the utilities shall pay such assessments monthly, quarterly, or annually at the commission’s election.
I. Section 3 of this act shall take effect October 1, 2020.
II. The remainder of this act shall take effect upon its passage.
VETOED August 2, 2019 -- Veto Sustained September 19, 2019
SB 167-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2019-0737s)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ ] General [ ] Education [ ] Highway [ X ] Other - Assessment Revenue
This bill establishes a commission to investigate the cost-effectiveness of procurement of renewable energy generation resources. As amended, the bill authorizes the Public Utilities Commission (PUC) to make an assessment of up to $100,000 to hire technical and consulting support for the commission. The PUC would be to required to directly assess gas and electric distribution utilities for the costs and expenses of fulfilling its duties under proposed RSA 374-F:8. Certain costs, such as salaries of the PUC commissioners or employees, overtime and mileage are excluded from the direct assessment under this section. These costs would instead be assessed against utilities under existing RSA 363-A. Because the location and frequency of the meetings is unknown, the employees who would be involved in meetings and their wage rates are not known, the additional costs are indeterminable, but will likely be insignificant. The costs of these regional activities would be allocated to the electric and gas utilities to whom the regional activities relate, excluding telecommunication and relatively small water utilities that are not affected by the PUC activities under the proposed RSA 374-F:8
Public Utilities Commission
|Jan. 29, 2019||Senate||Hearing|
|March 7, 2019||Senate||Floor Vote|
|March 21, 2019||Senate||Floor Vote|
|April 10, 2019||House||Hearing|
|April 24, 2019||House||Exec Session|
|April 30, 2019||House||Exec Session|
|May 8, 2019||House||Floor Vote|
|June 13, 2019||House||Floor Vote|
|June 27, 2019||House||Floor Vote|
|June 27, 2019||Senate||Floor Vote|
|Jan. 3, 2019||Introduced 01/03/2019 and Referred to Energy and Natural Resources; SJ 4|
|Jan. 29, 2019||Hearing: 01/29/2019, Room 103, SH, 11:20 am; SC 8|
|March 7, 2019||Committee Report: Ought to Pass with Amendment # 2019-0662s, 03/07/2019; SC 12|
|March 7, 2019||Committee Amendment # 2019-0662s, AF, VV; 03/07/2019; SJ 7|
|March 7, 2019||Sen. Feltes Floor Amendment # 2019-0737s, AA, VV; 03/07/2019; SJ 7|
|March 7, 2019||Ought to Pass with Amendment 2019-0737s, MA, VV; Refer to Finance Rule 4-5; 03/07/2019; SJ 7|
|March 21, 2019||Committee Report: Ought to Pass, 03/21/2019; SC 14|
|March 21, 2019||Ought to Pass: MA, VV; OT3rdg; 03/21/2019; SJ 9|
|March 20, 2019||Introduced 03/20/2019 and referred to Science, Technology and Energy HJ 11 P. 72|
|April 10, 2019||Public Hearing: 04/10/2019 01:00 pm LOB 304|
|April 24, 2019||==RECESSED== Executive Session: 04/24/2019 10:00 am LOB 304|
|April 30, 2019||==CONTINUED== Executive Session: 04/30/2019 10:00 am LOB 304|
|Majority Committee Report: Ought to Pass with Amendment # 2019-1700h (Vote 12-7; RC)|
|May 8, 2019||Majority Committee Report: Ought to Pass with Amendment # 2019-1700h for 05/08/2019 (Vote 12-7; RC) HC 23 P. 11|
|Minority Committee Report: Inexpedient to Legislate|
|May 8, 2019||Amendment # 2019-1700h: AA VV 05/08/2019 HJ 15 P. 39|
|May 8, 2019||FLAM # 2019-1851h (Rep. Somssich): AA VV 05/08/2019 HJ 15 P. 39|
|May 8, 2019||Ought to Pass with Amendment 2019-1700h and 1851h: MA RC 209-140 05/08/2019 HJ 15 P. 39|
|June 6, 2019||Sen. Fuller Clark Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; (In Recess 06/06/2019); SJ 20|
|June 6, 2019||President Appoints: Senators Fuller Clark, Watters, Bradley; (In Recess 06/06/2019); SJ 20|
|June 6, 2019||House Accedes to Senate Request for CofC (Rep. Backus): MA VV 06/06/2019 HJ 18 P. 45|
|June 6, 2019||Speaker Appoints: Reps. Backus, Oxenham, Cali-Pitts, Mann 06/06/2019 HJ 18 P. 45|
|June 18, 2019||Committee of Conference Meeting: 06/18/2019, 03:00 pm, Room 103, SH|
|June 13, 2019||Conference Committee Report # 2019-2570c Filed 06/13/2019; Adopt New Amendment|
|June 27, 2019||Conference Committee Report 2570c: Adopted, VV 06/27/2019 HJ 20 P. 4|
|June 27, 2019||Conference Committee Report # 2019-2570c, Adopted, VV; 06/27/2019; SJ 21|
|June 27, 2019||Enrolled Bill Amendment # 2019-2666e: AA VV 06/27/2019 HJ 20 P. 56|
|June 27, 2019||Enrolled Bill Amendment # 2019-2666e Adopted, VV, (In recess of 06/27/2019); SJ 21|
|June 27, 2019||Enrolled 06/27/2019 HJ 20 P. 56|
|June 27, 2019||Enrolled (In recess 06/27/2019); SJ 21|
|Aug. 2, 2019||Vetoed by Governor 08/02/2019|
|Sept. 19, 2019||Notwithstanding the Governor's Veto, Shall SB 167 Become Law: RC 14Y-10N, Veto Sustained, lacking the necessary two-thirds vote; 09/19/2019; SJ 22|