HB385 (2023) Detail

Relative to the approval of community electric aggregation plans by the department of energy.




9Mar2023... 0360h







AN ACT relative to the approval of community electric aggregation plans by the department of energy.


SPONSORS: Rep. Vose, Rock. 5


COMMITTEE: Science, Technology and Energy






This bill clarifies the procedure for complaints to the department of energy concerning community electric aggregation plans.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Mar2023... 0360h 23-0642





In the Year of Our Lord Two Thousand Twenty Three


AN ACT relative to the approval of community electric aggregation plans by the department of energy.


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


85:1  Definition Added; Aggregation of Electric Customers.  Amend RSA 53-E:2, VI-a to read as follows:

V-a. "Department" means the department of energy.

VI-b.  "Energy services" means the provision of electric power supply solely or in combination with any or all of the services specified in RSA 53-E:3.

85:2  Community Electric Aggregation Plans; Complaints.  Amend RSA 53-E:7, X to read as follows:

X. The commission shall adopt rules, under RSA 541-A, to implement this chapter and, to the extent authorities granted to municipalities and counties by this chapter materially affect the interests of electric distribution utilities and their customers, to reasonably balance such interests with those of municipalities and counties for the public good, which may also be done through adjudicative proceedings to the extent specified or not addressed in rules. Such rules shall include but not be limited to rules governing the relationship between municipal and county aggregators and distribution utilities, metering, billing, access to customer data for planning and operation of aggregations, notice of the commencement or termination of aggregation services and products, and the reestablishment of a municipal or county aggregation that has substantially ceased to provide services. Where the commission has adopted rules or issued orders in conformity with this chapter, complaints [to] pertaining to actions undertaken or omitted by any municipal or county aggregator or electric distribution utility arising under this chapter, applicable rules, or orders of the commission, shall be made to the department.  Thereupon, the department shall cause a copy of said complaint to be forwarded to the municipal or county aggregator or electric distribution utility complained of, which may be accompanied by an order, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by the department.  If the charges are not satisfied and it shall appear to the department that there are reasonable grounds therefor, it shall investigate the same in such manner and by such means as it shall deem proper.  After investigation, the department may bring proceedings on its own motion before the commission, with respect to any complaint or violation arising under this chapter, applicable rules, or orders of the commission.  If the party bringing the complaint is unsatisfied with the disposition of the complaint by the department, then they may petition the commission to resolve the matter through an adjudicative proceeding.  Notwithstanding any other provision of law to the contrary, municipal and county aggregators shall be subject to the jurisdiction of the department for purposes of this paragraph.  For non-residential ratepayers, the department shall docket and make public any received complaint.  Complaints to the department and proceedings before the commission shall not be subject to RSA 541-A:29 or RSA 541-A:29-a.

85:3  Application of Amended Complaint Procedure; Community Electric Aggregation Plans.  The procedure for complaints pursuant to RSA 53-F:7, X as amended by this act, shall apply to complaints filed with the department of energy on and after the effective date of this act.

85:4  Effective Date.  This act shall take effect upon its passage.


Approved: June 20, 2023

Effective Date: June 20, 2023


Action Dates

Date Body Type
Feb. 6, 2023 House Hearing
Feb. 7, 2023 House Exec Session
Feb. 16, 2023 House Floor Vote
April 11, 2023 Senate Hearing
May 18, 2023 Senate Floor Vote

Bill Text Revisions

HB385 Revision: 39188 Date: June 21, 2023, 11:20 a.m.
HB385 Revision: 38823 Date: May 18, 2023, 10:45 a.m.
HB385 Revision: 38144 Date: March 9, 2023, 10:54 a.m.
HB385 Revision: 38024 Date: Feb. 22, 2023, 1:01 p.m.
HB385 Revision: 37258 Date: Jan. 9, 2023, 3:29 p.m.


June 21, 2023: Signed by Governor Sununu 06/20/2023; Chapter 85; Eff: 06/20/2023

June 13, 2023: Enrolled (in recess of) 06/08/2023 HJ 15

June 13, 2023: Enrolled Adopted, VV, (In recess 06/08/2023); SJ 19

May 18, 2023: Ought to Pass: MA, VV; OT3rdg; 05/18/2023; SJ 15

May 16, 2023: Committee Report: Ought to Pass, 05/18/2023; Vote 5-0; CC; SC 22A

April 5, 2023: Hearing: 04/11/2023, Room 103, SH, 09:30 am; SC 17

March 14, 2023: Introduced 03/09/2023 and Referred to Commerce; SJ 10

March 14, 2023: Introduced 03/09/2023 and Referred to Energy and Natural Resources; SJ 10

March 9, 2023: Ought to Pass with Amendment 2023-0360h: MA VV 03/09/2023 HJ 8 P. 10

March 9, 2023: Amendment # 2023-0360h: AA VV 03/09/2023 HJ 8 P. 10

Feb. 24, 2023: Committee Report: Ought to Pass with Amendment # 2023-0360h 02/16/2023 (Vote 20-0; CC) HC 14 P. 7

Feb. 1, 2023: Executive Session: 02/07/2023 01:00 pm LOB 302-304

Feb. 1, 2023: Public Hearing: 02/06/2023 10:00 am LOB 302-304

Jan. 9, 2023: Introduced (in recess of) 01/05/2023 and referred to Science, Technology and Energy HJ 3 P. 13