Revision: Oct. 17, 2023, 10:04 a.m.
2024 SESSION
24-2670.0
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 repeals state energy policy and enacts the New Hampshire Energy Independence Act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2670.0
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 invested substantial resources in 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 is 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 RSA 378:37 is repealed and reenacted to read as follows: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. In this chapter:
(a) "Dispatchable" means available for use on demand and generally available to be delivered at a time and quantity of the operator's choosing.
(b) "Electric generation facility" means a facility that generates electricity for provision to customers.
(c) "Forced retirement" means the closure of an electric generation facility because of a federal regulation that either directly mandates the closure of an electric generation facility or where the costs of compliance are so high as to effectively force the closure of an electric generation facility.
(d) "Reliable" means not generally subject to intermittent availability.
(e) "Secure" means protected against disruption, tampering, and external interference.
II. 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:
(1) The use of nonrenewable energy resources, including natural gas, coal, and oil;
(2) The use of natural gas for heating, cooking, and electricity generation;
(3) Renewable energy resources, including geothermal, solar, wind, biomass, biofuel, and hydroelectricity;
(4) Nuclear power generation technologies certified for use by the United States Nuclear Regulatory Commission including small modular reactors;
(5) Alternative transportation fuels and technologies;
(6) Infrastructure to facilitate energy development, diversified modes of transportation, greater access to domestic and international markets for New Hampshire resources, and advanced transmission systems;
(7) Energy storage, pumped storage, and other advanced energy systems, including hydrogen from all sources; and
(8) Electricity systems that can be controlled at the request of grid operators to meet system load demands, to ensure an adequate supply of dispatchable energy generation 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 promoting the use of energy resources generated within the state.
(c) New Hampshire shall allow market forces to drive prudent use of energy resources, although incentives and other methods may be used to ensure the state's optimal development and use of energy resources in the short-term.
(d) New Hampshire shall pursue energy conservation, energy efficiency, and environmental quality according to market principles and without government subsidies.
(e) State regulatory processes shall be streamlined to 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 provides for stable consumer prices that are as low as possible while providing producers and suppliers a fair return on investment, recognizing that economic prosperity is linked to the availability, reliability, and affordability of consumer energy supplies; and investment will occur only when adequate financial returns can be realized.
(g) New Hampshire will promote necessary training and education programs focused on developing a comprehensive understanding of energy, including programs addressing energy conservation, energy efficiency, and supply and demand.
(h) 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.
III.(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 office of the attorney general of the notice and regulation within 30 days after the receipt of notice.
(b) After being informed as described in subparagraph III(a), the attorney general may take any action necessary to defend the generator, including filing an action in court or participating in administrative proceedings.
IV. Any act or ommission by a state agency inconsistent with this chapter 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.