SB449 (2026) 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.
The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 Limited Electrical Energy Producers Act; Definition; Eligible Customer Generator. RSA 362-A:1-a, II-b is repealed and reenacted to read as follows: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, or maximum nameplate rating, of up to and including one megawatt, except as provided for a municipal host as defined in paragraph 11-c and as provided for an industrial customer as defined in paragraph 11-g, that is located behind a retail meter on the customer's premises, provided it is interconnected and operates in parallel with the electric grid, and is used to offset the customer's own electricity requirements. Energy storage, as defined in RSA 374-H:1, III, may be added to and charged solely from such a generation facility without affecting the generation facility's size determination relating to its eligibility meter. 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; Definition; Industrial Customer. Amend RSA 362-A:1-a by inserting after paragraph II-f the following new paragraph:

II-g. "Industrial customer" 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 one industrial entity with one or more accounts, provided that all accounts are located within the same utility franchise service territory. In the event of excess annual generation by the industrial customer above the industrial customer's annual electricity use, such net excess exported generation shall be subject to the payment adjustment process within the Puc 900 rules.

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

II-a. Each electric distribution utility shall make available alternative tariffs for net metering to eligible customer-generators in accordance with Order No. 26,029 dated June 23, 2017, and the net metering rules adopted by the commission. Any eligible customer-generator that has submitted an interconnection application to a distribution utility on or before December 31, 2031 and that is used to offset the electricity requirements of an industrial customer that first receives compensation under an Order No. 26,029 alternative tariff shall remain eligible to receive that tariff for the longer of 20 years from the first year in which compensation is received, or until January 1, 2040. If, during these terms, the commission adopts new net metering tariffs through an adjudicated proceeding, any eligible customer-generator that has submitted an interconnection application to a distribution utility on or before December 31, 2031 and that is used to offset the electricity requirements of an industrial customer that elects to participate in a new net metering tariff shall be eligible to receive that tariff until the date that is 20 years from the first date on which the eligible customer-generator received net metering compensation. Eligible customer-generators on an Order No. 26,029 alternative tariff may opt to transition to a new net metering tariff established in such a proceeding, provided however, once a customer-generator transitions to a new tariff, they may not revert to an Order No. 26,029 alternative tariff. Upon expiration of eligibility under an Order No. 26,029 alternative tariff, an eligible customer generator may transition to the tariff available at that time.

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

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

5 Customer Energy Storage Systems. Amend the introductory paragraph for RSA 374-H:2, I to read as follows:

I. The commissiondepartment shall adopt rules or approve tariffs clarifying policy for the installation, interconnection, and use of energy storage systems by customers of utilities, and shall incorporate the following principles into the rules or approved tariffs :

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

XXIV. The PUC may determine terms and conditions for how a customer-generator may use and be compensated for exports to the grid for energy storage added to and charged solely from renewable energy generation sources in conjunction with net metering and related tariff provisions.

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

Changed Version

Text to be added highlighted in green.

1 Limited Electrical Energy Producers Act; Definition; Eligible Customer Generator. RSA 362-A:1-a, II-b is repealed and reenacted 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, or maximum nameplate rating, of up to and including one megawatt, except as provided for a municipal host as defined in paragraph 11-c and as provided for an industrial customer as defined in paragraph 11-g, that is located behind a retail meter on the customer's premises, provided it is interconnected and operates in parallel with the electric grid, and is used to offset the customer's own electricity requirements. Energy storage, as defined in RSA 374-H:1, III, may be added to and charged solely from such a generation facility without affecting the generation facility's size determination relating to its eligibility meter. 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; Definition; Industrial Customer. Amend RSA 362-A:1-a by inserting after paragraph II-f the following new paragraph:

II-g. "Industrial customer" 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 one industrial entity with one or more accounts, provided that all accounts are located within the same utility franchise service territory. In the event of excess annual generation by the industrial customer above the industrial customer's annual electricity use, such net excess exported generation shall be subject to the payment adjustment process within the Puc 900 rules.

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

II-a. Each electric distribution utility shall make available alternative tariffs for net metering to eligible customer-generators in accordance with Order No. 26,029 dated June 23, 2017, and the net metering rules adopted by the commission. Any eligible customer-generator that has submitted an interconnection application to a distribution utility on or before December 31, 2031 and that is used to offset the electricity requirements of an industrial customer that first receives compensation under an Order No. 26,029 alternative tariff shall remain eligible to receive that tariff for the longer of 20 years from the first year in which compensation is received, or until January 1, 2040. If, during these terms, the commission adopts new net metering tariffs through an adjudicated proceeding, any eligible customer-generator that has submitted an interconnection application to a distribution utility on or before December 31, 2031 and that is used to offset the electricity requirements of an industrial customer that elects to participate in a new net metering tariff shall be eligible to receive that tariff until the date that is 20 years from the first date on which the eligible customer-generator received net metering compensation. Eligible customer-generators on an Order No. 26,029 alternative tariff may opt to transition to a new net metering tariff established in such a proceeding, provided however, once a customer-generator transitions to a new tariff, they may not revert to an Order No. 26,029 alternative tariff. Upon expiration of eligibility under an Order No. 26,029 alternative tariff, an eligible customer generator may transition to the tariff available at that time.

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

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

5 Customer Energy Storage Systems. Amend the introductory paragraph for RSA 374-H:2, I to read as follows:

I. The department shall adopt rules clarifying policy for the installation, and useandor approved tariffs and orders, respectively* :

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

XXIV. The PUC may determine terms and conditions for how a customer-generator may use and be compensated for exports to the grid for energy storage added to and charged solely from renewable energy generation sources in conjunction with net metering and related tariff provisions.

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