Bill Text - SB538 (2026)

Extending net metering eligibility terms for municipal energy projects.


Revision: May 1, 2026, 12:36 p.m.

SB 538-FN - AS AMENDED BY THE HOUSE

 

03/12/2026   1001s

23Apr2026... 1453h

23Apr2026... 1578h

2026 SESSION

26-2118

06/07

 

SENATE BILL 538-FN

 

AN ACT extending net metering eligibility terms for municipal energy projects.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Rosenwald, Dist 13; Sen. Fenton, Dist 10; Sen. Avard, Dist 12; Sen. Long, Dist 20; Sen. Prentiss, Dist 5; Sen. Altschiller, Dist 24; Sen. Perkins Kwoka, Dist 21

 

COMMITTEE: Energy and Natural Resources

 

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AMENDED ANALYSIS

 

This bill establishes long-term eligibility for certain customer-generators to receive net energy metering compensation under alternative tariffs approved by the public utilities commission.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/12/2026   1001s

23Apr2026... 1453h

23Apr2026... 1578h 26-2118

06/07

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT extending net metering eligibility terms for municipal energy projects.

 

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

 

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; Municipal Energy Project Material Standards.  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 the effective date of this paragraph and that is used to offset the electricity requirements of a group consisting exclusively of one or more customers who are political subdivisions that first receive compensation under an Order No. 26,029 alternative tariff shall remain eligible to receive that tariff for the longer of 15 years from the first year in which compensation is received, or until December 31, 2040.

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

 

LBA

26-2118

05/01/2026

 

SB 538-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT # 2026-1578h)

 

AN ACT extending net metering eligibility terms for municipal energy projects.

 

FISCAL IMPACT:

 The Office of Legislative Budget Assistant states this bill has no fiscal impact on state, county  
 and local expenditures or revenue.

 

AGENCIES CONTACTED:

Department of Energy