Revision: Nov. 18, 2023, 10:21 a.m.
2024 SESSION
24-2670.1
12/08
HOUSE BILL [bill number]
AN ACT relative to the state energy policy.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2670.1
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, dispatchable, 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, dispatchable, and secure energy resources within the state.
III. The early retirement of an electric generation facility that provides affordable, reliable, dispatchable, 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 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, dispatchable, and secure energy from external regulatory interference. The state's sovereign authority with respect to the retirement of an 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 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 RSA 378:37 is repealed and reenacted to read as follows: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, dispatchable 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 dispatchable resources.
(b) New Hampshire shall promote the development of resources, tools, and infrastructure to enhance the state's ability to:
(1) Respond effectively to significant disruptions to the state's energy generation, energy delivery systems, or fuel supplies;
(2) Maintain adequate supply, including reserves of proven and cost-effective dispatchable electricity reserves to meet grid demand; and
(3) 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 without state government subsidies.
(e) 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.
(f) 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.
(g) New Hampshire shall promote the use of clean energy sources by considering the emissions of an energy resource throughout the entire life cycle of the energy resource.
II.(a) An electricity generator that receives notice of any federal regulation that may result in the forced retirement of the generator's facility shall inform the respective commissioners of the department of energy and the public utilities commission of the notice and regulation within 30 days after the receipt of said notice.
(b) After being informed as described in subparagraph II(a), the department of energy may investigate or the public utilities commission may open investigatory docket to determine how such a forced retirement 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.
III. Any act or ommission 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.