SB538 (2026) Compare Changes


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 Findings and Purpose. The general court finds that:

I. Through the passage of house bill 315 in 2021, the state of New Hampshire intended to make the benefits of group net metering available to municipalities across the state.

II. Despite strong interest from municipalities throughout New Hampshire seeking to construct distributed energy resources for the benefit of their communities, unforseen interconnection delays have resulted in backlog, with many projects still waiting to come online. As the commercial operation date of these projects is pushed out, the available net metering term shrinks due to the termination of net metering in 2040 under current regulation. Without legislative intervention, many municipal net metering projects will cease to be economically viable.

III. The general court finds that a net metering term of 20 years is necessary for municipal projects to be financeable. Restoring a 20-year term for municipal net metering projects simply implements the intent of house bill 315 and ensures that cities and towns receive the benefits promised to them through that legislation.

2 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 used to offset the electricity requirements of a group consisting exclusively of one or more customers who are political subdivisions 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 used to offset the electricity requirements of a group consisting exclusively of one or more customers who are political subdivisions that elects to participate in a new net metering tariff shall be eligible to receive that tariff for 20 years from the first year in which compensation was received under either an Order No. 26,029 alternative tariff or the new net metering tariff. 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.

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

Changed Version

Text to be added highlighted in green.

1 Findings and Purpose. The general court finds that:

I. Through the passage of house bill 315 in 2021, the state of New Hampshire intended to make the benefits of group net metering available to municipalities across the state.

II. Despite strong interest from municipalities throughout New Hampshire seeking to construct distributed energy resources for the benefit of their communities, unforseen interconnection delays have resulted in backlog, with many projects still waiting to come online. As the commercial operation date of these projects is pushed out, the available net metering term shrinks due to the termination of net metering in 2040 under current regulation. Without legislative intervention, many municipal net metering projects will cease to be economically viable.

III. The general court finds that a net metering term of 20 years is necessary for municipal projects to be financeable. Restoring a 20-year term for municipal net metering projects simply implements the intent of house bill 315 and ensures that cities and towns receive the benefits promised to them through that legislation.

2 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 used to offset the electricity requirements of a group consisting exclusively of one or more customers who are political subdivisions 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 used to offset the electricity requirements of a group consisting exclusively of one or more customers who are political subdivisions that elects to participate in a new net metering tariff shall be eligible to receive that tariff for 20 years from the first year in which compensation was received under either an Order No. 26,029 alternative tariff or the new net metering tariff. 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.

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