Amendment 2025-3076h to HB610 (2025)

Relative to repealing the office of the consumer advocate.


Revision: Nov. 5, 2025, 3:50 p.m.

Rep. Layon, Rock. 13

November 4, 2025

2025-3076h

07/06

 

 

Amendment to HB 610-FN

 

Amend the title of the bill by replacing it with the following:

 

AN ACT relative to the office of the consumer advocate.

 

Amend the bill by replacing all after the enacting clause with the following:

 

1  Public Utilities; Support Personnel to Commission; Office of the Consumer Advocate.  Amend RSA 363:28, I(a) to read as follows:  

(a) A consumer advocate, appointed by the governor and council, who shall be a qualified attorney admitted to practice in this state, a professional engineer, or an economist. The consumer advocate shall serve a 4-year term and until a successor is appointed and qualified.  

2  Public Utilities; Support Personnel to Commission; Office of the Consumer Advocate.  Amend RSA 363:28, I(d) to read as follows:  

(d) Three additional staff people appointed by the consumer advocate. When filling these positions, the consumer advocate should consider appointing [rate analysts] at least one attorney and consider appointing additional attorneys, rate analysts, or economists.  

3  New Paragraph; Public Utilities; Support Personnel to Commission; Office of the Consumer Advocate.  Amend RSA 363:28 by inserting after paragraph I the following new paragraph:

I-a.  In discharging the powers and duties enumerated in this section, the consumer advocate shall focus exclusively on assuring that residential utility customers receive safe and reliable service at the lowest possible cost while maximizing customer freedom and autonomy.

4  Public Utilities; Support Personnel to Commission; Office of the Consumer Advocate.  Amend RSA 363:28, IV to read as follows:  

IV.  The consumer advocate shall have authority to promote and further consumer knowledge and education.  The consumer advocate shall advocate against proposed regional or federal rules or policies that are inconsistent with paragraph I-a and the policies, rules, or laws of New Hampshire.  In its participation in regional activities, the consumer advocate shall consider how other states' policies will impact New Hampshire rates and work to prevent or minimize any rate impact [the consumer advocate determines to be unjust or unreasonable].  

5  Public Utilities; Support Personnel to Commission; Residential Ratepayers Advisory Board.  RSA 363:28-a is repealed and reenacted to read as follows:  

363:28-a  Residential Ratepayers Advisory Board.

I.  There is established the residential ratepayers advisory board which shall provide oversight of the office of the consumer advocate as established by RSA 363:28 and ensure that the consumer advocate shall focus exclusively on assuring that residential utility customers receive safe and reliable service at the lowest possible cost while maximizing customer freedom and autonomy.  The advisory board shall consist of the following public members:  

(a)  Three members appointed by the speaker of the house.  One shall represent the interests of residential ratepayers; one shall represent the interests of the elderly; and one shall be a member of the public.  

(b)  Three members appointed by the senate president.  One shall represent the interests of residential ratepayers; one shall represent the interests of the disabled; and one shall represent environmental concerns.  

(c)  Three members appointed by the governor and council.  One shall represent the interests of persons of low income; one shall represent the interests of small business owners; and one shall represent the interests of residents of low-income housing.  

II.  Members shall serve 3-year terms. In the event of death or resignation of any member of the advisory board, the person or entity that made the original appointment shall appoint a successor, and the successor appointed to the vacancy shall serve for the remainder of the unexpired term.  The members of the board shall receive no compensation but shall be entitled to reimbursement for mileage at the same rate provided for state employees.  

III.  The board shall elect annually a chairperson from among its membership.  

IV.  The board shall receive administrative support from the office of the consumer advocate.  

V.(a)  The board shall meet at least quarterly and at the call of the chairperson or 3 board members.  The consumer advocate shall be present for all board meetings to inform the board of the actions of the office of the consumer advocate and to respond to the board's inquiries.  

(b)  Except as pertains to any end user of an excepted local exchange carrier or services provided to such end user, the board shall advise the consumer advocate on matters concerning residential ratepayers.

(c)  Prior to the expiration of the consumer advocate's term, the board shall recommend to the governor and council whether to reappoint the consumer advocate.  If the board does not recommend reappointment or the governor and council do not accept the board's recommendation to reappoint, the board shall then recommend 3 persons to the governor and council to fill the position.

(d)  After providing notice and opportunity for a hearing to the consumer advocate, the oversight board may by two-thirds vote recommend that the governor seek the removal of the consumer advocate for failure to discharge the powers, duties, and limitations set forth in RSA 363:28.  A failure to discharge the powers, duties, and limitations set forth in RSA 363:28 shall be deemed adequate grounds for removal of the consumer advocate pursuant to RSA 4:1, and a removal recommendation from the oversight board shall be deemed a petition to the governor and council within the meaning of RSA 4:1, II.  

6  Effective Date.  This act shall take effect 90 days after its passage.

2025-3076h

AMENDED ANALYSIS

 

This bill makes changes to the composition and objectives of the office of the consumer advocate.