Revision: Dec. 17, 2025, 8:32 a.m.
HB 1722 - AS INTRODUCED
2026 SESSION
26-2682
06/08
HOUSE BILL 1722
AN ACT relative to consumer protections and energy classifications for large-use electric facilities.
SPONSORS: Rep. McGhee, Hills. 35; Rep. Caplan, Merr. 8; Rep. W. Thomas, Hills. 12; Sen. Perkins Kwoka, Dist 21
COMMITTEE: Science, Technology and Energy
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ANALYSIS
This bill creates a regulatory framework for large-energy-use retail electricity facilities, directs the public utilities commission to develop a separate classification for such customers, set cost-based tariffs, and regulate long-term contracts to prevent adverse cost impacts on other ratepayers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2682
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to consumer protections and energy classifications for large-use electric facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Large-Energy-Use Retail Electricity Facilities. Amend RSA by inserting after chapter 374-H:3 the following new chapter:
CHAPTER 374-I
LARGE-ENERGY-USE RETAIL ELECTRICITY FACILITIES
374-I:1 Definitions. In this chapter:
I. “Costs of serving” include, as applicable, the costs incurred by an electric utility in providing transmission, distribution, interconnection, energy, capacity, or ancillary electricity services, and any related costs or associated risks in serving a large-energy-use retail electricity customer.
II. “Facility” means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or entity.
III. “Large-energy-use facility” means a facility that can use 20 megawatts or more at peak demand and is primarily engaged in providing a service described under code 518210 of the 2022 North American Industry Classification System, including computer processing, data processing centers, and web hosting services.
374-I:2 Classification of Service.
I. The public utilities commission shall establish a separate classification of retail electric service for large-energy-use facilities.
II. The classification shall be distinct from existing commercial or industrial service classes and shall have its own tariff schedule.
III. Any tariff schedule adopted under this section shall:
(a) Allocate the costs of serving the large-energy-use facilities’ class proportionally to their actual costs of service, or assign the known costs of serving each customer directly to that customer; and
(b) Mitigate the risk of:
(1) Other retail electricity customers paying unwarranted electric costs; and
(2) Shifting the costs of service or load-balancing expenses from large-energy-use facilities to other retail electricity customer classes.
374-I:3 Tariffs and Rate Approval.
I. In reviewing or approving a proposed tariff schedule for large-energy-use facilities, the commission shall consider whether the proposed rates:
(a) Could result in increased costs or unwarranted risk to other retail electricity customers;
(b) Provide for equitable contributions to system efficiency, reliability, and resiliency;
(c) Are consistent with state and federal energy policy requirements;
(d) Allow reasonable flexibility for procurement of generation resources; and
(e) Serve the public interest, including consideration of environmental or community impacts such as water, air, or noise pollution.
II. The commission shall open a docket including all regulated state utilities to develop an initial tariff schedule under this chapter by January 1, 2028, to facilitate adoption of the new classification.
374-I:4 Contracting Requirements.
I. The commission shall require an electric utility entering into a contract to serve a large-energy-use facility to include provisions covering transmission, distribution, interconnection, energy, capacity, and ancillary services.
II. Each contract shall:
(a) Comply with the criteria in RSA 374-I:2;
(b) Specify a term of not less than 10 years;
(c) Identify the commencement date or estimated service-start date;
(d) Obligate the customer to pay a minimum amount or percentage of projected usage, as determined by the commission, for the duration of the contract; and
(e) Include provisions addressing early termination, performance failure, or other risks that could shift costs to other ratepayers.
III. A contract may include a charge for excess demand or risk mitigation above the established tariff if necessary to prevent cost-shifting.
IV. A delay in beginning service that is within the reasonable control of the utility shall require notice to the customer and any other conditions the commission may prescribe by rule.
V. Nothing in this chapter shall limit the ability of a large-energy-use facility to contract for direct supply from a dedicated non-emitting power resource within the host community that is not interconnected with the regional grid.
374-I:5 Applicability. This chapter shall apply to large-energy-use retail electricity customers that:
I. Enter into a contract for service with a dedicated generation facility after the effective date of this section;
II. Enter into a new contract for service with an electric utility on or after the effective date; or
III. Require the electric utility to make significant capital investments or incur costs after the effective date that could increase costs or risks to other retail electricity customers.
374-I:6 Commission Reporting.
I. No later than June 1 of each odd-numbered year, the public utilities commission shall submit a report, including any legislative recommendations, to the house science, technology and energy committee and the senate energy and natural resources committee.
II. The report shall review load and capacity trends, cost-allocation impacts, and other systemic issues identified in administering this chapter.
III. In preparing the report, the commission shall protect proprietary information consistent with its rules or orders and shall collaborate with the department of energy in compiling data.
2 Effective Date. This act shall take effect upon its passage.