HB1623 (2024) Detail

(New Title) relative to involuntary retirement or decommissioning of electricity generators.


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

 

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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.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

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.

 

LBA

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

 

Amendments

Date Amendment
Feb. 23, 2024 2024-0782h
May 8, 2024 2024-1828s
May 15, 2024 2024-1897s

Links


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

Bill Text Revisions

HB1623 Revision: 42640 Date: June 13, 2024, 4:05 p.m.
HB1623 Revision: 42061 Date: May 20, 2024, 12:42 p.m.
HB1623 Revision: 42009 Date: May 15, 2024, 11:05 a.m.
HB1623 Revision: 41912 Date: May 8, 2024, 11:04 a.m.
HB1623 Revision: 41160 Date: March 19, 2024, 8:45 a.m.
HB1623 Revision: 41034 Date: Feb. 23, 2024, 2:33 p.m.
HB1623 Revision: 40451 Date: Dec. 27, 2023, 8:32 a.m.

Docket


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


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