Revision: April 26, 2022, 4:12 p.m.
Energy and Natural Resources
April 26, 2022
2022-1824s
12/05
Amendment to HB 1258
Amend the title of the bill by replacing it with the following:
AN ACT relative to the implementation of the department of energy and relative to the definition of "municipal host" for purposes of limited electrical energy producers.
Amend the bill by replacing section 6 with the following:
6 Department of Energy; Transfer of Rules, Orders, Approvals. Amend RSA 12-P:14 to read as follows:
12-P:14 Transfer of Rules, Orders, Approvals. Existing rules, orders, and approvals of the public utilities commission which are associated with any functions, powers, and duties, transferred to the department of energy pursuant to RSA 12-P:11 or any other statutory provision, shall continue in effect notwithstanding any provision of RSA 541-A:17, II to the contrary, and be enforced by the commissioner of the department of energy or the commission, as applicable, until they otherwise expire or are repealed or amended in accordance with applicable law, or for a period of 5 years, whichever occurs first. To the extent the department acts pursuant to an existing rule, order, or approval, the department shall not be subject to RSA 541-A:29 or RSA 541-A:29-a.
Amend the bill by replacing section 8 with the following:
8 Regional Greenhouse Gas Initiative; Carbon Dioxide Emissions Budget Trading Program. Amend the introductory paragraph of RSA 125-O:21, VI to read as follows:
VI. The department and the [commission] department of energy shall report on an annual basis to the air pollution advisory committee under RSA 125-J:11 [and the legislative oversight committee]; the chair of the house science, technology, and energy committee; and the chair of the senate energy and natural resource committee, to monitor the transformation of delivery of electric services under RSA 374-F:5, on the status of the implementation of RGGI in New Hampshire, with emphasis on the prices and availability of RGGI allowances to affected CO2 sources, consumer protection mechanisms, and the trends in electric rates for New Hampshire businesses and ratepayers. The report shall include but not be limited to:
Amend the bill by replacing all after section 32 with the following:
33 Limited Electrical Energy Producers Act; Definitions. Amend RSA 362-A:1-a, II-c to read as follows:
II-c. "Municipal host" means a customer generator with a total peak generating capacity of greater than one megawatt and less than 5 megawatts used to offset the electricity requirements of a group consisting exclusively of one or more customers who are political subdivisions, provided that all customers are located within the same utility franchise service territory. A municipal host shall be located in the same municipality as all group members if the facility began operation after January 1, 2021. A municipal host may be owned by either a public or private entity. For this definition, "political subdivision" means the state of New Hampshire or any city, town, county, school district, chartered public school, village district, school administrative unit, or any district or entity created for a special purpose administered or funded by any of the above-named governmental units.
34 Repeals. The following are repealed:
I. RSA 12-P:12, relative to prohibited service.
II. RSA 371:17-a, relative to new attachments on existing utility poles.
III. RSA 371:17-b, relative to temporary licenses for existing crossings on existing poles.
IV. RSA 371:18, relative to exceptions to hearing requirements.
V. RSA 374-F:3, V(b), relative to transition service.
35 Effective Date. This act shall take effect 60 days after its passage.
2022-1824s
AMENDED ANALYSIS
This bill makes various changes to amend the powers and duties of the public utilities commission and the department of energy. This bill also amends the definition of "political subdivision," as used in the definition of a "municipal host."