1 Limited Electrical Energy Producers Act; Definition; Eligible Customer Generator. Amend RSA 362-A:1-a, II-b to read as follows:

II-b. "Eligible customer-generator" or "customer-generator" means an electric utility customer who owns, operates, or purchases power from an electrical generating facility either powered by renewable energy or which employs a heat led combined heat and power system, with a total peak generating capacity of up to and including one megawatt, except as provided for a municipal host as defined in paragraph II-c, that is located behind a retail meter on the customer's premises, is interconnected and operates in parallel with the electric grid, and is used to offset the customer's own electricity requirements. Incremental generation added to an existing generation facility, that does not itself qualify for net metering, shall qualify if such incremental generation meets the qualifications of this paragraph and is metered separately from the nonqualifying facility.

2 New Paragraph; Limited Electrical Energy Producers Act Definitions. Amend RSA 362-A:1-a by inserting after paragraph II-f the following new paragraph:

II-g. "Industrial host" means a customer-generator with a total peak generating capacity of greater than one megawatt and less than 5 megawatts, used to offset the electricity requirements of a group consisting exclusively of commercial, industrial, or institutional entities with one or more accounts, provided that all accounts are located within the same utility franchise service territory. If an industrial host's total annual net exported generation exceeds the total annual electricity usage of the host and members of the group, the industrial host shall be entitled to compensation for that excess generation according to the process established by the department's 900 rules for annual reconciliation. An industrial host may be owned by either a public or private entity.

3 New Paragraph; Net Energy Metering. Amend RSA 362-A:9 by inserting after paragraph II the following new paragraph:

II-a. Alternative tariffs for net energy metering shall be made available to eligible customer-generators by each electric distribution utility in conformance with Order No. 26,029 dated June 23, 2017, and with net metering rules adopted by the commission. Any project that begins receiving compensation under Order No. 26,029 alternative tariffs will be eligible to continue receiving that tariff for either 20 years from the year it first begins receiving compensation or through the initial tariff term ending on December 31, 2040, whichever is longer. If the commission creates new net metering tariffs through an adjudicated proceeding before December 31, 2040, eligible customer-generators receiving Order No. 26,029 alternative tariffs will have the option of transitioning to new tariffs created through that proceeding. If an eligible customer-generator elects to transfer to a new tariff, they may not return to Order No. 26,029 alternative tariffs. Upon the expiration of a customer-generator's eligibility under Order No. 26,029 alternative tariffs, the eligible customer-generator will have the option of transitioning to the tariff available at that time.

4 New Paragraph; Net Energy Metering; Consumption. Amend RSA 362-A:9 by inserting after paragraph IV the following new paragraph:

IV-a.(a) Facilities eligible for the net metering tariff under this section for customer-generators larger than one megawatt and up to 5 megawatt with an in-service date after January 1, 2026 and not acting as a group net metering host, must consume at least 33 percent of the generation, on an annual basis.

(b) Consumption requirements under this section shall not apply to low and moderate income customers as defined in administrative rules of the public utilities commission in PUC 902.21.

5 Effective Date. This act shall take effect 60 days after its passage.

1 Limited Electrical Energy Producers Act; Definition; Eligible Customer Generator. Amend RSA 362-A:1-a, II-b to read as follows:

II-b. "Eligible customer-generator" or "customer-generator" means an electric utility customer who owns, operates, or purchases power from an electrical generating facility either powered by renewable energy or which employs a heat led combined heat and power system, with a total peak generating capacity of up to and including one megawatt, except as provided for a municipal host as defined in paragraph II-c and an industrial host as defined under paragraph II-g, that is located behind a retail meter on the customer 's premises, is interconnected and operates in parallel with the electric grid, and is used to offset the customer's own electricity requirements. Incremental generation added to an existing generation facility, that does not itself qualify for net metering, shall qualify if such incremental generation meets the qualifications of this paragraph and is metered separately from the non-qualifying facility.

2 New Paragraph; Limited Electrical Energy Producers Act Definitions. Amend RSA 362-A:1-a by inserting after paragraph II-f the following new paragraph:

II-g. "Industrial host" means a customer-generator with a total peak generating capacity of greater than one megawatt and less than 5 megawatts, used to offset the electricity requirements of a group consisting exclusively of commercial, industrial, or institutional entities with one or more accounts, provided that all accounts are located within the same utility franchise service territory. If an industrial host's total annual net exported generation exceeds the total annual electricity usage of the host and members of the group, the industrial host shall be entitled to compensation for that excess generation according to the process established by the department's 900 rules for annual reconciliation. An industrial host may be owned by either a public or private entity.

3 New Paragraph; Net Energy Metering. Amend RSA 362-A:9 by inserting after paragraph II the following new paragraph:

II-a. Alternative tariffs for net energy metering shall be made available to eligible customer-generators by each electric distribution utility in conformance with Order No. 26,029 dated June 23, 2017, and with net metering rules adopted by the commission. Any project that begins receiving compensation under Order No. 26,029 alternative tariffs will be eligible to continue receiving that tariff for either 20 years from the year it first begins receiving compensation or through the initial tariff term ending on December 31, 2040, whichever is longer. If the commission creates new net metering tariffs through an adjudicated proceeding before December 31, 2040, eligible customer-generators receiving Order No. 26,029 alternative tariffs will have the option of transitioning to new tariffs created through that proceeding. If an eligible customer-generator elects to transfer to a new tariff, they may not return to Order No. 26,029 alternative tariffs. Upon the expiration of a customer-generator's eligibility under Order No. 26,029 alternative tariffs, the eligible customer-generator will have the option of transitioning to the tariff available at that time.

4 New Paragraph; Net Energy Metering; Consumption. Amend RSA 362-A:9 by inserting after paragraph IV the following new paragraph:

IV-a.(a) Facilities eligible for the net metering tariff under this section for customer-generators larger than one megawatt and up to 5 megawatt with an in-service date after January 1, 2026 and not acting as a group net metering host, must consume at least 33 percent of the generation, on an annual basis.

(b) Consumption requirements under this section shall not apply to low and moderate income customers as defined in administrative rules of the public utilities commission in PUC 902.21.

5 Effective Date. This act shall take effect 60 days after its passage.