SB540 (2024) Compare Changes


The Bill Text indicates a repeal. This means the text being replaced is not available in the bill, and the unchanged text displayed is incomplete. The original text can be viewed by following the link to the RSA. Also, an accompanying re-enactment is not handled currently, and displayed in both unchanged and changed versions.

Unchanged Version

Text to be removed highlighted in red.

1. New Paragraph; Customer Energy Storage; Definitions. Amend RSA 374-H:1 by inserting after paragraph I the following new paragraph:

I-a. "Department" means the department of energy.

2 Customer Energy Storage; Department of Energy Investigation of Energy Storage. RSA 374-H:3 is repealed and reenacted to read as follows:

374-H:3 Department of Energy Investigation of Energy Storage.

I. The department shall investigate ways to facilitate both behind the meter energy storage and utility scale energy storage in the state.

II. The department's investigative proceeding shall specifically consider the following for behind the meter energy storage:

(a) How public policy can best establish accurate and efficient price signals for

energy storage projects that avoid actual transmission and distribution costs or

reduce wholesale electricity market prices.

(b) How best to encourage both utility and non-utility investments in energy

storage projects.

(c) Identify regulatory challenges outside of the utility context to behind the meter energy storage, such as, but not limited to, building code requirements.

(d) Review programs and regulatory requirements in other jurisdictions to identify best practices for a potential program.

(e) Any statutory or regulatory changes that might be needed to create, facilitate, and implement such a program.

(f) Any other topic the department reasonably believes it should consider in order to diligently conduct the proceeding.

III. The department's investigative proceeding shall specifically consider the following

for utility scale energy storage:

(a) Review utility scale energy storage compensation mechanisms in other jurisdictions to identify best practices.

(b) Identify market barriers to utility scale energy storage projects in the state.

(c) Identify hurdles for the siting of utility scale energy storage projects in the state and identify solutions to overcome those hurdles.

(d) How to encourage both utility and private sector investments in utility scale energy storage projects at the least cost to ratepayers.

(e) How to fairly compensate energy storage projects that participate in wholesale electricity markets for actual avoided transmission and distribution costs in a manner that provides net savings to ratepayers.

(f) Any statutory or regulatory changes that might be needed to facilitate utility energy storage in the state.

(g) Any other topic the department reasonably believes it should consider in order to diligently conduct the proceeding.

IV. The department shall report its findings and recommendations to the standing committees of the house of representatives and senate with jurisdiction over energy and utility matters no later than December 30, 2025, for the duties outlined in RSA 374-H:3, II, and no later than December 30, 2026, for the duties outlined in RSA 374-H:3, III. The reports shall identify ways any recommended statutory changes can minimize any potential conflict with the restructuring policy principles of RSA 374-F, V. The department shall engage any consultants necessary to complete its work by December 30, 2026, and assess electric distribution utilities for the cost thereof in conformance with RSA 365:37.

3 Effective Date. This act shall take effect upon its passage.

Changed Version

Text to be added highlighted in green.

1. New Paragraph; Customer Energy Storage; Definitions. Amend RSA 374-H:1 by inserting after paragraph I the following new paragraph:

I-a. "Department" means the department of energy.

2 Customer Energy Storage; Department of Energy Investigation of Energy Storage. RSA 374-H:3 is repealed and reenacted to read as follows:

374-H:3 Department of Energy Investigation of Energy Storage.

I. The department shall investigate ways to facilitate both behind the meter energy storage and utility scale energy storage in the state.

II. The department's investigative proceeding shall specifically consider the following for behind the meter energy storage:

(a) How public policy can best establish accurate and efficient price signals for

energy storage projects that avoid actual transmission and distribution costs or

reduce wholesale electricity market prices.

(b) How best to encourage both utility and non-utility investments in energy

storage projects.

(c) Identify regulatory challenges outside of the utility context to behind the meter energy storage, such as, but not limited to, building code requirements.

(d) Review programs and regulatory requirements in other jurisdictions to identify best practices for a potential program.

(e) Any statutory or regulatory changes that might be needed to create, facilitate, and implement such a program.

(f) Any other topic the department reasonably believes it should consider in order to diligently conduct the proceeding.

III. The department's investigative proceeding shall specifically consider the following

for utility scale energy storage:

(a) Review utility scale energy storage compensation mechanisms in other jurisdictions to identify best practices.

(b) Identify market barriers to utility scale energy storage projects in the state.

(c) Identify hurdles for the siting of utility scale energy storage projects in the state and identify solutions to overcome those hurdles.

(d) How to encourage both utility and private sector investments in utility scale energy storage projects at the least cost to ratepayers.

(e) How to fairly compensate energy storage projects that participate in wholesale electricity markets for actual avoided transmission and distribution costs in a manner that provides net savings to ratepayers.

(f) Any statutory or regulatory changes that might be needed to facilitate utility energy storage in the state.

(g) Any other topic the department reasonably believes it should consider in order to diligently conduct the proceeding.

IV. The department shall report its findings and recommendations to the standing committees of the house of representatives and senate with jurisdiction over energy and utility matters no later than December 30, 2025, for the duties outlined in RSA 374-H:3, II, and no later than December 30, 2026, for the duties outlined in RSA 374-H:3, III. The reports shall identify ways any recommended statutory changes can minimize any potential conflict with the restructuring policy principles of RSA 374-F, V. The department shall engage any consultants necessary to complete its work by December 30, 2026, and assess electric distribution utilities for the cost thereof in conformance with RSA 365:37.

3 Effective Date. This act shall take effect upon its passage.