HB 95-FN - AS INTRODUCED

 

 

2025 SESSION

25-0129

06/02

 

HOUSE BILL 95-FN

 

AN ACT requiring the New Hampshire electric co-op regularly file a certificate of deregulation with the public utilities commission.

 

SPONSORS: Rep. W. Thomas, Hills. 12; Rep. McGhee, Hills. 35

 

COMMITTEE: Science, Technology and Energy

 

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ANALYSIS

 

This bill requires the New Hampshire electric co-op to regularly file a certificate of deregulation with the public utilities commission every 3 years.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0129

06/02

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT requiring the New Hampshire electric co-op regularly file a certificate of deregulation with the public utilities commission.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; New Hampshire Electric Cooperative Certificate of Deregulation.  Amend RSA 301:57 by inserting after paragraph III the following new paragraph:

III-a.  Notwithstanding paragraph III, the New Hampshire Electric Cooperative, Inc. shall regularly file a certificate of deregulation with the public utilities commission no later than December 31, 2026, and no later than December 31 every third year thereafter.

2  Effective Date.  This act shall take effect January 1, 2026.

 

LBA

25-0129

10/23/24

 

HB 95-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring the New Hampshire electric co-op regularly file a certificate of deregulation with the public utilities commission.

 

FISCAL IMPACT:   This bill does not provide funding, nor does it authorize new positions.

Estimated State Impact
		FY 2025	FY 2026		FY 2027	FY 2028
Revenue		$0	Indeterminable		Indeterminable	Indeterminable
Revenue Fund(s)		Utility Assessments
Expenditures*		$0	Indeterminable		Indeterminable	Indeterminable
Funding Source(s)		Utility Assessments
Appropriations*		$0	$0		$0	$0
Funding Source(s)		None
*Expenditure = Cost of bill                *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
		FY 2025	FY 2026		FY 2027	FY 2028
County Revenue		$0	$0		$0	$0
County Expenditures		$0	Indeterminable		Indeterminable	Indeterminable
Local Revenue		$0	$0		$0	$0
Local Expenditures		$0	Indeterminable		Indeterminable	Indeterminable

 

METHODOLOGY:

This bill requires the New Hampshire electric co-op to regularly file a certificate of deregulation with the Public Utilities Commission (PUC) every 3 years.  The PUC states this bill would require the New Hampshire Electric Cooperative ("NHEC"), to file a certificate of deregulation with the PUC no later than December 31, 2026, and no later than December 31 every third year thereafter.  The PUC indicates that:

 

1. If NHEC fails to file a certificate of deregulation with the PUC, it will gain the status of a public utility subject to the regulatory authority and oversight responsibility of the PUC. NHEC is currently not subject to the general regulatory authority of the PUC.

 

2. The decision to file, or not to file, a certificate of deregulation would lie with the membership (customer-members) of NHEC, through a vote of the NHEC membership subject to NHEC's bylaws.

 

3. Certain advocates have encouraged the membership of NHEC, through publicity in the media, to move to have NHEC subject to PUC regulatory authority.  In such a circumstance, where NHEC would acquire the status of a public utility under the regulatory oversight of the PUC, the PUC would require additional personnel to accommodate such oversight.  These personnel would be needed in the second half of FY 2026. and would be funded by Utility Assessments, the cost of which are passed on to the utility customers.

 

If the NHEC chose not to file a certificate of deregulation with the PUC and gained the status of a public utility subject to the regulatory authority of the PUC, the PUC estimates the following additional staff would be required: an Attorney II, an unclassified Senior Advisor, and 2-1/2 Utility Analyst positions.  These estimated annual cost for these positions, including benefits is $605,500, beginning in January 2026.  If the NHEC were to become regulated by the PUC the fiscal, if any, on state, county and local utility expenditures is indeterminable.

 

If the NHEC filed a certificate of deregulation with the PUC December 31, 2026, and no later than December 31 every third year thereafter as required by the bill there would be no fiscal impact.

 

AGENCIES CONTACTED:

Public Utilities Commission

 

• HB95 at GenCourtMobile
• Gold Standards for HB95
• Compare Changes

Date	Body	Type
Jan. 21, 2025	House	Hearing
Jan. 28, 2025	House	Exec Session
Jan. 28, 2025	House	Floor Vote

Bill Text Revisions

HB95 Revision: 45868 Date: Dec. 23, 2024, 2:52 p.m.

Docket

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Feb. 6, 2025: Inexpedient to Legislate: MA VV 02/06/2025 HJ 4

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Jan. 30, 2025: Minority Committee Report: Ought to Pass

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Jan. 30, 2025: Majority Committee Report: Inexpedient to Legislate 01/28/2025 (Vote 15-3; RC) HC 10 P. 11

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Jan. 23, 2025: Executive Session: 01/28/2025 09:00 am LOB 302-304

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Jan. 15, 2025: Public Hearing: 01/21/2025 01:00 pm LOB 302-304

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Dec. 23, 2024: Introduced 01/08/2025 and referred to Science, Technology and Energy HJ 2 P. 5

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