Revision: Feb. 23, 2024, 2:33 p.m.
Rep. Vose, Rock. 5
February 20, 2024
2024-0782h
11/02
Amendment to HB 1623-FN
Amend the bill by replacing all after the enacting clause with the following:
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 RSA 378:37 is repealed and reenacted to read as follows: 378:37 New Hampshire Energy Policy.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.
2024-0782h
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.