HB 1328-FN - AS INTRODUCED
2022 SESSION
22-2428
12/10
HOUSE BILL 1328-FN
AN ACT authorizing a utility to petition to be relieved of their carrier of last resort obligations.
SPONSORS: Rep. Harrington, Straf. 3
COMMITTEE: Science, Technology and Energy
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ANALYSIS
This bill authorizes a utility to petition the department of energy to relieve them of their carrier of last resort obligations and directs the department to grant the petition if certain conditions exist.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2428
12/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT authorizing a utility to petition to be relieved of their carrier of last resort obligations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Relief of Carrier of Last Resort Service Obligations. Amend RSA 374:22-g, III to read as follows:
III. An incumbent utility may petition the department of energy to be relieved of its carrier of last resort obligation in one or more municipalities. The department of energy shall approve the petition if the department of energy finds that:
(a) There is at least one wireline-facilities-based voice network service provider other than the incumbent that offers service to at least 95 percent of the households in the municipality, and one or more mobile telecommunications service provider that offers, in the aggregate, mobile telecommunications services to at least 97 percent of the households in the municipality; or
(b) A provider or multiple providers, other than the incumbent utility, have received state, federal, or municipal funding to serve the entire municipality.
IV. The department of energy shall adopt rules, pursuant to RSA 541-A, relative to the enforcement of this section.
2 Effective Date. This act shall take effect 60 days after its passage.
22-2428
10/15/21
HB 1328-FN- FISCAL NOTE
AS INTRODUCED
AN ACT authorizing a utility to petition to be relieved of their carrier of last resort obligations.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - General assessment revenue | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
The Department of Energy indicates this bill would authorize a telephone utility to petition the Department to relieve the company of its carrier of last resort obligations in one or more municipalities and direct the department to grant the petition if there is at least one other wireline voice provider that offers service to at least 95 percent of households in the municipality and one or more mobile providers that offers in the aggregate services to at least 97 percent of the households in the municipality, or if there is another provider or providers that have received state, federal, or municipal funding to serve the entire municipality. The bill would require the department to adopt rules to enforce the section.
The Department is unaware of arrangements made by the state, county, and local governments for telephone service, the cost of that service, or the cost of changing that service should a telephone utility cease to provide service or fail to extend service to a customer. Consequently, the department cannot calculate the expenditures to be made by state, county and local governments.
For purposes of rulemaking, the Department assumes it would have the option to either:
For purposes of evaluating and approving or denying petitions filed by telephone utilities under the bill, the Department would have the option to either:
The second two options would require the department to employ the same types of consultants noted above for each request made by a utility. The cost of those consulting services would likely be less under option (2) than under option (3), and would vary considerably based upon which and how many municipalities are implicated by a utility’s request. Those costs would be directly assessed to the petitioning utility, which may attempt to recover the costs from its customers.
It is assumed that any fiscal impact would occur after FY 2022.
AGENCIES CONTACTED:
Department of Energy
| Date | Body | Type |
|---|---|---|
| Feb. 1, 2022 | House | Hearing |
| Feb. 28, 2022 | House | Exec Session |
| House | Floor Vote | |
| March 29, 2022 | Senate | Hearing |
April 28, 2022: Refer to Interim Study, MA, VV; 04/28/2022; SJ 10
April 19, 2022: Committee Report: Referred to Interim Study, 04/28/2022; SC 17
March 24, 2022: Hearing: 03/29/2022, Room 103, SH, 09:30 am; SC 13
March 22, 2022: Introduced 03/17/2022 and Referred to Energy and Natural Resources; SJ 6
March 17, 2022: Ought to Pass: MA DV 173-138 03/17/2022 HJ 8
March 17, 2022: Lay HB1328 on Table (Rep. Somssich): MF DV 142-168 03/17/2022 HJ 8
March 7, 2022: Minority Committee Report: Refer for Interim Study
March 7, 2022: Majoritiy Committee Report: Ought to Pass (Vote 12-9; RC)
Feb. 28, 2022: Executive Session: 02/28/2022 10:00 a.m. LOB306-308
Feb. 1, 2022: Public Hearing: 02/01/2022 2:30 p.m. LOB306-308
Nov. 20, 2021: Introduced 01/05/2022 and referred to Science, Technology and Energy