Revision: Sept. 15, 2022, 2:13 p.m.
Sen. Soucy, Dist 18
Sen. Cavanaugh, Dist 16
Sen. D'Allesandro, Dist 20
Sen. Kahn, Dist 10
Sen. Perkins Kwoka, Dist 21
Sen. Prentiss, Dist 5
Sen. Rosenwald, Dist 13
Sen. Sherman, Dist 24
Sen. Watters, Dist 4
Sen. Whitley, Dist 15
September 15, 2022
2022-2134s
10/07
Floor Amendment to HB 2023-FN-A
Amend the title of the bill by replacing it with the following:
AN ACT making appropriations to the department of energy for a state emergency fuel assistance program and a supplemental electric benefit, relative to the electric low-income program fund, and relative to net energy metering limits for individual and business customers.
Amend the bill by deleting section 1 and renumbering the original sections 2-5 to read as 1-4, respectively.
Amend the bill by replacing section 4 with the following:
4 Definition; 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] nameplate or maximum rated capacity of [up to and including one megawatt,] less than 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 in the first instance. 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.
5 Net Energy Metering; Net Effects. Amend RSA 362-A:9, VII to read as follows:
VII.(a) A distribution utility may perform an annual calculation to determine the net effect this section had on its default service and distribution revenues and expenses in the prior calendar year. The method of performing the calculation and applying the results, as well as a reconciliation mechanism to collect or credit any such net effects with appropriate carrying charges and credits applied, shall be determined by the commission
(b) For the purposes of accounting for any exports to the distribution grid by customer-generators, such exports shall be treated as reductions to the customer-generator’s electricity supplier’s wholesale load obligation for energy supply as a load serving entity, net of any applicable line loss adjustments as approved by the commission.
(c) A generator that first becomes operational on or after July 1, 2019 shall only be eligible to participate in net metering as a customer-generator if it does not register as a generator with ISO England, is not considered a “Network Resource” or “Asset” by ISO New England, and does not participate in any other sale of electricity in interstate commerce.
(d) A generator that first became operational before July 1, 2019 and that has outstanding capacity commitments in the forward capacity market administered by ISO New England, is registered as a generator with ISO New England, or is considered a “Network Resource” or “Asset” by ISO New England, may elect to become a customer-generator and participate in net metering upon retirement from all wholesale electric markets administered by ISO New England. A generator in the process of retiring from FERC regulated electric markets may prospectively register as a group host pursuant to paragraph XIV provided that net metering tariffs under this section shall not be effective until such retirement is effective.
(e) Any provisions of settlement agreements or orders that have been approved or issued by the commission that relate to a distribution utility’s treatment of the output from qualifying facilities or independent power producers shall not apply to the output from an eligible customer-generator participating in net metering.
6 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. Alternative tariffs shall be applicable and have such grandfathering provisions as may be approved or adopted by the commission under this section. Customer-generators with a nameplate or maximum rated capacity of more than one megawatt and less than 5 megawatts that are eligible for net metering before the commission adopts tariffs specifically for customer-generators with a generating capacity of more than one megawatt shall:
(a) Be eligible to receive the export credit rate approved by the commission in Order No. 26,029 (DE 16-576) for one megawatt sized customer-generators on default service, namely, the applicable default energy service rate.
(b) Be grandfathered by the terms of currently applicable tariffs for customer-generators with a total peak generating capacity of one megawatt if the customer-generator’s electrical generating facility first becomes operational on or after July 1, 2019.
(c) Transition to such new tariffs as are specifically approved by the commission for customer-generators with a nameplate or maximum rated capacity of more than one megawatt if the customer-generator’s electrical generating facility first became operational before July 1, 2019.
7 New Subparagraph; Restructuring Policy Principles; System Benefits Charge. Amend RSA 374-F:3, VI-a by inserting after subparagraph (d) the following new subparagraph:
(e) To the portion of energy efficiency funds reserved for low-income energy efficiency programs as approved by the commission via Order No. 26,621 dated April 29, 2022, there shall be added the sum of $10 million for the Home Energy Assistance program approved at page 30 of Order No. 26,621. Such sum is hereby appropriated to the department of energy for the fiscal year ending June 30, 2023. The governor is authorized to draw his warrant for such sum out of any money in the treasury not otherwise appropriated. These additional funds shall provide additional support of home weatherization for income-eligible customers. Notwithstanding any commission order to the contrary, the maximum amount to be expended on any individual project by the Home Energy Assistance program shall be $20,000 unless that amount is increased by the commission. Any funds authorized by this subparagraph, if unspent during the current planning cycle, shall not lapse and shall carry forward to subsequent planning cycles.
8 Effective Date. This act shall take effect upon its passage.
2022-2134s
AMENDED ANALYSIS
This bill establishes a state emergency fuel assistance program and a supplemental electric benefit to be administered by the department of energy for the fiscal year ending June 30, 2023, and makes appropriations to the department of energy to fund the programs. The bill makes an appropriation to the department for the electric low-income program fund. This bill also increases the electric generating capacity of customer generators who may participate in net energy metering, modifies the transition of tariffs applicable to certain customer-generators, and appropriates additional moneys for low-income energy efficiency programs.