HB 1623-FN - VERSION ADOPTED BY BOTH BODIES
7Mar2024... 0782h
05/15/2024 1828s
05/15/2024 1897s
13Jun2024... 2215CofC
2024 SESSION
24-2670
12/08
HOUSE BILL 1623-FN
AN ACT relative to involuntary retirement or decommissioning of electricity generators.
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
-----------------------------------------------------------------
AMENDED ANALYSIS
This bill requires in-state electricity generators that receive certain notices of regulatory action to notify the attorney general, and requires the department of energy to investigate the need to defend the generator.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
05/15/2024 1828s
05/15/2024 1897s
13Jun2024... 2215CofC 24-2670
12/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to involuntary retirement or decommissioning of electricity generators.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that 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 Section; Utilities; Rates and Charges; Loss of In-State Electrical Generation. Amend RSA 378 by inserting after section 378:42 the following new section:
378:42-a Loss of In-State Electrical Generation Capacity.
I. 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.
(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.
(b) The department of energy and the department of justice may seek funding from the legislative fiscal committee to conduct any actions under this section.
II. 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 5/20/24
HB 1623-FN- FISCAL NOTE
AS AMENDED BY THE SENATE(AMENDMENTS #2024-1828s and #2024-1897s)
AN ACT relative to the state energy policy.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||||
Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
| |||||
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | General Fund
| |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None, however the Departments of Energy and Justice may seek funding from the Legislative Fiscal Committee
| |||||
• 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 requires in-state electricity generators that receive certain notices of regulatory action to notify the Attorney General, and requires the Department of Energy to investigate the need to defend the generator.
The Department of Energy indicates proposed RSA 378:42-a 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.
The Department of Justice is also authorized to seek funding from the legislative fiscal committee to conduct any actions contained in this bill.
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 |
| May 8, 2024 | 2024-1828s |
| May 15, 2024 | 2024-1897s |
| June 3, 2024 | 2024-2215CofC |
| 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 |
| May 16, 2024 | Senate | Floor Vote |
| May 15, 2024 | Senate | Floor Vote |
| May 23, 2024 | Senate | Floor Vote |
| May 22, 2024 | Senate | Floor Vote |
| June 13, 2024 | Senate | Floor Vote |
| June 13, 2024 | Senate | Floor Vote |
| June 13, 2024 | House | Floor Vote |
July 23, 2024: Enrolled (in recess of) 06/13/2024 HJ 16
July 18, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
June 13, 2024: Conference Committee Report 2024-2215c: Adopted, VV 06/13/2024 HJ 16
June 12, 2024: Conference Committee Report # 2024-2215c, Adopted, VV; 06/13/2024; SJ 17
June 6, 2024: Conference Committee Report Filed, # 2024-2215c; 06/13/2024
June 3, 2024: Conference Committee Meeting: 06/03/2024 09:30 am LOB 302-304
May 30, 2024: President Appoints: Senators Avard, Pearl, Watters; 05/30/2024; SJ 16
May 30, 2024: Sen. Avard Accedes to House Request for Committee of Conference, MA, VV; 05/30/2024; SJ 16
May 29, 2024: House Non-Concurs with Senate Amendment 2024-1828s and 2024-1897s and Requests CofC (Reps. Vose, D. Thomas, Harrington, Bernardy): MA VV 05/28/2024 HJ 14
May 23, 2024: Ought to Pass: MA, VV; OT3rdg; 05/23/2024; SJ 15
May 22, 2024: Special Order to 05/23/2024, Without Objection, MA; 05/22/2024 SJ 14
May 21, 2024: Committee Report: Ought to Pass, 05/22/2024, Vote 7-0; SC 20A
May 15, 2024: Ought to Pass with Amendments 2024-1828s, and 2024-1897s, MA, VV; Refer to Finance Rule 4-5; 05/15/2024; SJ 12
May 15, 2024: Sen. Avard Floor Amendment # 2024-1897s, AA, VV; 05/15/2024; SJ 12
May 15, 2024: Committee Amendment # 2024-1828s, AA, VV; 05/15/2024; SJ 12
May 15, 2024: Special Order to Beginning of Calendar, Without Objection, MA; 05/15/2024; SJ 12
May 8, 2024: Committee Report: Ought to Pass with Amendment #2024-1828s, 05/16/2024, Vote 4-0; SC 19
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 P. 107
March 7, 2024: Ought to Pass with Amendment 2024-0782h: MA RC 184-168 03/07/2024 HJ 7 P. 97
March 7, 2024: Amendment # 2024-0782h: AA DV 182-169 03/07/2024 HJ 7 P. 94
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