HB 1623-FN - AS AMENDED BY THE HOUSE
7Mar2024... 0782h
2024 SESSION
24-2670
12/08
HOUSE BILL 1623-FN
AN ACT relative to the state energy policy.
SPONSORS: Rep. Vose, Rock. 5; Rep. D. Thomas, Rock. 16; Rep. Harrington, Straf. 18; Rep. D. McGuire, Merr. 14; Sen. Avard, Dist 12; Sen. Lang, Dist 2; Sen. Pearl, Dist 17
COMMITTEE: Science, Technology and Energy
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AMENDED ANALYSIS
This bill revises the state energy policy to promote affordable, reliable, and secure energy resources for the health, safety, and welfare of its citizens.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2024... 0782h 24-2670
12/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the state energy policy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that:
I. Affordable, reliable, and secure energy resources are important to the health, safety, and welfare of the state's citizens.
II. The state has created an environment hospitable to the investment of substantial resources for the development of affordable, reliable, and secure energy resources within the state.
III. The early involuntary retirement or decommissioning of an in-state electric generation facility that provides affordable, reliable, and secure energy poses a threat to the health, safety, and welfare of the state's citizens.
IV. The state's police powers, reserved to the state by the Tenth Amendment of the United States Constitution, provide the state with sovereign authority to make and enforce laws for the protection of the health, safety, and welfare of the state's citizens.
V. The state has a duty to defend the production and supply of affordable, reliable, and secure energy from external regulatory interference. The state's sovereign authority with respect to the involuntary retirement of an in-state electric generation facility for the protection of the health, safety, and welfare of the state's citizens is primary and takes precedence over any attempt from an external regulatory body to mandate, restrict, or influence the early involuntary retirement of an electric generation facility in the state.
2 New Hampshire Energy Policy. RSA 378:37 is repealed and reenacted to read as follows: 378:37 New Hampshire Energy Policy.
I. It is the policy of the sovereign state of New Hampshire and purpose of this chapter, to promote affordable, reliable, and secure energy resources for the health, safety, and welfare of its citizens.
(a) New Hampshire shall promote the development of resources to achieve the purpose of this chapter without preference toward technology type, with an emphasis on reliable, on-demand, and firm resources.
(b) New Hampshire shall promote the development of resources, tools, and infrastructure to enhance the state's ability to ensure the state’s energy independence by removing regulatory barriers to innovation to ensure that the state can procure affordable, reliable, and secure energy resources.
(c) New Hampshire shall allow market forces to drive prudent use of energy resources. Government intervention to economically advantage one technology over another should be time- limited, narrow, and necessary to achieve a specific policy goal.
(d) New Hampshire shall pursue energy conservation and efficiency according to market principles and in accordance with cost-effective fiscal strategies as authorized by the legislature.
(e) New Hampshire shall maintain an environment that allows for accurate market signals while balancing low consumer prices, price stability, energy reliability, and the financial stability of utilities and energy suppliers.
(f) State regulatory processes shall balance economic costs with the level of review necessary to ensure protection of the state's various interests, and where federal action is required, New Hampshire will collaborate to encourage expedited federal review and action.
II. Loss of In-State Electrical Generation Capacity.
(a) An in-state electricity generator that receives notice of any external regulatory action that makes continued operation economically infeasible or may result in the involuntary retirement or decommissioning of the generator's facility shall inform the commissioner of the department of energy of the notice and regulation within 30 days after the receipt of said notice.
(b) After being informed of a generator’s involuntary retirement or decommissioning as described in RSA 378:37, II(a), the department of energy shall open an investigatory docket to determine how such an involuntary retirement or decommissioning would affect the reliability and affordability of the state’s energy resources and to recommend any action necessary to defend the generator, including appealing to the attorney general to file an action in court or to participate in administrative proceedings.
(c) The department of energy and the department of justice may seek funding from the legislative fiscal committee to conduct any actions described in RSA 378:37, II(b).
III. Any act or omission by a state agency inconsistent with this section shall not form the basis of any civil suit including, but not limited to, those seeking equitable relief or claiming damages.
3 Effective Date. This act shall take effect 60 days after its passage.
24-2670
Amended 3/18/24
HB 1623-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-0782h)
AN ACT relative to the state energy policy.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill revises the state energy policy to promote affordable, reliable, dispatchable and secure energy resources for the health, safety and welfare of its citizens.
The Department of Energy indicates that this bill makes a number of changes to New Hampshire’s Energy Policy as set forth in RSA 378:37 that do not have a direct fiscal impact. Proposed RSA 378:37, II requires the Department to open an investigatory docket if a generator is forced to retire due to any external regulatory action, after being notified by an electricity generator that it has received such a notice. Such an investigation would be limited to the impact of the retirement on the relatability and affordability of the state’s energy resources, and to make a recommendation as to whether actions are necessary to defend the generator. The Department states it's current funding mechanisms and resources would not be able to fund staff or hired consultants to conduct such investigations and the bill does not provide an appropriation. However, the Department is allowed to seek funding from the legislative fiscal committee to undertake the outlined duties.
The Department states it would be required to open an investigation if a generator receives a notice. The Department cannot forecast how often, if at all, these circumstances will occur. Expenditures would depend on the size of the generator in question. Investigation scopes and level of work needed vary by the topic in question. Based on the recent experience of the Department in conducting investigations, the upper end of these investigations cost roughly $250,000 to complete.
The Public Utilities Commission states this bill would have no fiscal impact on the Commission. The Commission has no information regarding any potential fiscal impact on a county or local level.
There would be no impact on state, county or local revenue or on county or local expenditures.
AGENCIES CONTACTED:
Department of Energy and Public Utilities Commission
| Date | Amendment |
|---|---|
| Feb. 23, 2024 | 2024-0782h |
| Date | Body | Type |
|---|---|---|
| Jan. 30, 2024 | House | Hearing |
| Feb. 20, 2024 | House | Exec Session |
| Feb. 20, 2024 | House | Floor Vote |
| April 16, 2024 | Senate | Hearing |
April 9, 2024: Hearing: 04/16/2024, Room 103, SH, 09:20 am; SC 15
March 13, 2024: Introduced 03/07/2024 and Referred to Energy and Natural Resources; SJ 7
March 7, 2024: Reconsider HB1623 (Rep. Sweeney): MF DV 165-179 03/07/2024 HJ 7
March 7, 2024: Ought to Pass with Amendment 2024-0782h: MA RC 184-168 03/07/2024 HJ 7
March 7, 2024: Amendment # 2024-0782h: AA DV 182-169 03/07/2024 HJ 7
Feb. 23, 2024: Committee Report: Without Recommendation 02/20/2024 (Vote 10-10; RC) HC 9 P. 31
Feb. 7, 2024: Executive Session: 02/20/2024 01:00 pm LOB 302-304
Feb. 7, 2024: Full Committee Work Session: 02/20/2024 10:00 am LOB 302-304
Jan. 22, 2024: Public Hearing: 01/30/2024 10:00 am LOB 302-304
Dec. 15, 2023: Introduced 01/03/2024 and referred to Science, Technology and Energy HJ 1