CHAPTER 86
HB 229 – FINAL VERSION
04Mar2009… 0193h
06/03/09 1988s
2009 SESSION
06/09
HOUSE BILL 229
AN ACT clarifying the eligibility requirements for class IV renewable energy generating facilities and relative to renewable energy certificates.
SPONSORS: Rep. S. Harvey, Hills 21; Sen. Fuller Clark, Dist 24
COMMITTEE: Science, Technology and Energy
This bill:
I. Clarifies certain eligibility requirements for class IV renewable energy generating facilities.
II. Extends the expiration date of the New Hampshire Code of Administrative Rules Puc 2600.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Mar2009… 0193h
06/03/09 1988s
09-0364
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT clarifying the eligibility requirements for class IV renewable energy generating facilities and relative to renewable energy certificates.
Be it Enacted by the Senate and House of Representatives in General Court convened:
86:1 Electric Renewable Energy Classes. Amend RSA 362-F:4, IV to read as follows:
IV.(a) Class IV (Existing Small Hydroelectric) shall include the production of electricity from hydroelectric energy, provided the [source] facility began operation prior to January 1, 2006, has a [gross] total nameplate capacity of 5 MWs or less as measured by the sum of the nameplate capacities of all the generators at the facility, has actually installed both upstream and downstream diadromous fish passages [that have been required and approved under the terms of its license or exemption from] and such installations have been approved by the Federal Energy Regulatory Commission, and when required, has documented applicable state water quality certification pursuant to section 401 of the Clean Water Act for hydroelectric projects.
(b)(1) Notwithstanding subparagraph (a), the commission shall re-certify as class IV renewable energy sources the facilities named in commission order numbers 24,940 and 24,952. These facilities are:
(A) The Canaan, Gorham, Hooksett, and Jackman hydroelectric facilities owned by Public Service Company of New Hampshire, which had been previously certified by the commission on September 23, 2008; and
(B) The North Gorham and Bar Mills projects owned by FPL Energy Maine Hydro, LLC which had been previously certified by the commission on October 30, 2008.
(2) These facilities shall not qualify or be certified as class IV renewable energy sources after March 23, 2009, unless they meet the requirements of subparagraph (a). Such facilities shall be eligible for class IV renewable energy certificates for all electricity generated between the effective date of each facility’s original certification by the commission through March 23, 2009. Such certificates shall have the same validity as any other class IV certificate issued under RSA 362-F, and may be sold, exchanged, banked, and utilized accordingly.
86:2 Renewable Energy Certificates. Amend the introductory paragraph of RSA 362-F:6, IV(a) to read as follows:
IV.(a) Certificates issued for purposes of complying with this chapter shall come from sources within the New England control area unless the source is located in a synchronous control area adjacent to the New England control area and the energy produced by the source is actually delivered into the New England control area for consumption by New England customers. The delivery of such energy from the source into the New England control area shall be verified by:
86:3 Renewable Energy Fund. Amend RSA 362-F:10, VI to read as follows:
VI. Such payments shall be allocated from the renewable energy fund established in paragraph I, as determined by the commission [to the extent funding is available, up to a maximum aggregate payment of 10 percent of the fund per year].
86:4 New Hampshire Code of Administrative Rules Puc 2600; Extension. The expiration date of the New Hampshire Code of Administrative Rules Puc 2600 is hereby extended from June 30, 2009 to December 31, 2009 or such earlier date that final rules may be adopted.
86:5 Effective Date. This act shall take effect upon its passage.
Approved: June 10, 2009
Effective Date: June 10, 2009