SB 591-FN - AS AMENDED BY THE SENATE
03/05/2026 0779s
2026 SESSION
26-2169
06/09
SENATE BILL 591-FN
AN ACT relative to electric utility investment in distributed energy resources.
SPONSORS: Sen. Avard, Dist 12; Sen. Lang, Dist 2; Sen. Pearl, Dist 17; Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Rep. Notter, Hills. 12
COMMITTEE: Energy and Natural Resources
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AMENDED ANALYSIS
This bill amends certain standards governing electric utility investment in distributed energy resources.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/05/2026 0779s 26-2169
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to electric utility investment in distributed energy resources.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Electric Utility Investment in Distributed Energy Resources. Amend RSA 374-G:4, II-III to read as follows:
II. Distributed electric generation owned by or receiving investments from an electric utility under this section shall be limited to a cumulative maximum in megawatts of [6] 10 percent of the utility's total distribution peak load in megawatts. This limitation shall not apply to [front-of-meter] energy storage[, the energy storage pilot approved by commission order number 26,209,] or demand response.
[III. In addition, once the cumulative generation authorized under this chapter for a given public utility reaches 3 percent of the utility's total distribution peak load in megawatts, then that utility shall not be allowed to add any additional non-renewable generation under this chapter, until the cumulative renewable generation installed pursuant to this chapter, as a percentage of total generation installed pursuant to this chapter, shall equal or exceed twice the sum of the then-applicable percentage requirements for class I and class II under RSA 362-F:3.]
2 Electric Utility Investment in Distributed Energy Resources; Authorization. Amend RSA 374-G:5, II(h) to read as follows:
(h) Whether the expected value of the economic benefits, direct and indirect, of the investment to the utility's ratepayers over the life of the investment outweigh the economic costs to the utility's ratepayers.
3 Effective Date. This act shall take effect 60 days after its passage.
26-2169
Revised 12/26/25
SB 591-FN- FISCAL NOTE
AS INTRODUCED
AN ACT allowing utility companies to own or build generation facilities.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||||
Revenue | $0 | $0 | $0 | $0 | ||||
Revenue Fund(s) | None | |||||||
Expenditures* | $0 | Indeterminable Increase $277,000+ | Indeterminable Increase $930,000+ | Indeterminable Increase $930,000+ | ||||
Indeterminable Increase (State Utility Costs) | Indeterminable Increase (State Utility Costs) | Indeterminable Increase (State Utility Costs) | ||||||
Funding Source(s) | Utility Assessments per RSA 363-A:1, General Fund, Highway Fund and Various Agency Funds | |||||||
Appropriations* | $0 | $0 | $0 | $0 | ||||
Funding Source(s) | None | |||||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||||
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Estimated Political Subdivision Impact | ||||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||||
County Revenue | $0 | $0 | $0 | $0 | ||||
County Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||||
Local Revenue | $0 | $0 | $0 | $0 | ||||
Local Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||||
METHODOLOGY:
This bill authorizes limited exceptions allowing electric distribution utilities to own, build, or operate electric generation facilities located in New Hampshire, subject to approval by the Public Utilities Commission, and declares it state policy to permit limited reentry by utilities into the generation market when such action serves the public interest and provides benefits to ratepayers and taxpayers.
The Department of Energy states this bill would increase the Department’s workload related to review of utility petitions seeking approval to own, build, or operate electric generation facilities. The Department indicates it would require specialized consulting expertise to evaluate proposed projects and assess whether they serve the public interest and provide benefits to ratepayers and taxpayers. The Department estimates consulting costs would range from $150,000 to $250,000 per petition and states these costs would be paid by the petitioning utility through a special assessment. As a result, the Department reports no direct impact to state funds; however, increased utility costs would ultimately be recoverable from ratepayers. The Department further notes that the State of New Hampshire represents approximately 1% of electric sales statewide, and any increase in electric rates would result in higher state utility costs, which are indeterminable. Lastly, county and local governments may experience increased electric costs resulting from future rate changes. The fiscal impact is indeterminable.
The Public Utilities Commission states this bill would significantly increase the Commission’s workload. To carry out these responsibilities, the Commission indicates additional staffing would be required. The Commission estimates the need for Utility Analyst positions would ramp up over time, with 1 position in FY 2027, 2 positions in FY 2028, and 3 positions in FY 2029, as utility filings and associated regulatory oversight increase. In addition, the Commission states it would require additional legal staff. The Commission estimates the need for 2 Lawyer III positions and 2 Lawyer IV positions beginning in FY 2027 and continuing in subsequent fiscal years.
Positions Requested by PUC | FY 2027 | FY 2028 | FY 2029 |
Utility Analysts (13-1190 Miscellaneous Business Operations Specialist-5) 1 x FY 2027, 2 x FY 2028 and 3 x in FY 2029 | $127,000 | $266,000 | $420,000 |
Lawyer III (23-1010 Lawyers and Judicial Law Clerks-3) x2 | $236,000 | $248,000 | $260,000 |
Lawyer IV (23-1010 Lawyers and Judicial Law Clerks-4) x 2 | $254,000 | $266,000 | $280,000 |
Total Salary, Benefits and Operating Expenses | $617,000 | $780,000 | $960,000 |
AGENCIES CONTACTED:
Department of Energy and Public Utilities Commission
| Date | Amendment |
|---|---|
| Feb. 17, 2026 | 2026-0779s |
| Date | Body | Type |
|---|---|---|
| Jan. 27, 2026 | Senate | Hearing |
| Senate | Floor Vote |
Feb. 24, 2026: Ought to Pass with Amendment #2026-0779s, MA, VV; OT3rdg; 03/05/2026; SJ 5
Feb. 24, 2026: Committee Amendment # 2026-0779s, AA, VV; 03/05/2026; SJ 5
Feb. 17, 2026: Committee Report: Ought to Pass with Amendment # 2026-0779s, 03/05/2026; Vote 5-0; CC; SC 8
Jan. 13, 2026: Hearing: 01/27/2026, Room 103, SH, 09:10 am; SC 2
Nov. 25, 2025: Introduced 01/07/2026 and Referred to Energy and Natural Resources; SJ 1