SB 40 - AS AMENDED BY THE HOUSE
01/19/2023 0058s
4May2023... 1373h
2023 SESSION
23-0754
10/05
SENATE BILL 40
AN ACT relative to participation in net energy metering by small hydroelectric generators.
SPONSORS: Sen. Avard, Dist 12; Sen. Perkins Kwoka, Dist 21; Sen. Lang, Dist 2; Sen. Watters, Dist 4; Sen. Bradley, Dist 3; Sen. Birdsell, Dist 19; Sen. Pearl, Dist 17; Sen. Gendreau, Dist 1; Rep. McWilliams, Merr. 30; Rep. McGhee, Hills. 35; Rep. Osborne, Rock. 2; Rep. Vose, Rock. 5; Rep. Berry, Hills. 39
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill establishes a methodology for interconnection and participation in net metering by small hydroelectric generators.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/19/2023 0058s
4May2023... 1373h 23-0754
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to participation in net energy metering by small hydroelectric generators.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Limited Electrical Energy Producers; Net Metering; Small Hydroelectric Generators. Amend RSA 362-A:9, XX to read as follows:
XX. Notwithstanding any provision of law to the contrary, a hydroelectric generator with a total peak generating capacity that is at or below the capacity eligibility requirements set forth in RSA 362-A:1-a, II-b and that first became operational before July 1, 2021 and that shares equipment or facilities with other generators, energy storage facilities, or electric utility customers for interconnection to the electric grid, shall be eligible to participate in net energy metering as a customer-generator even if the aggregate capacity of the generators and energy storage facilities sharing equipment or facilities for interconnection to the electric grid exceeds the capacity eligibility requirements set forth in RSA 362-A:1-a, II-b. Such a hydroelectric generator shall be eligible to participate in net energy metering as a customer-generator based on the total peak generating capacity of each individual generating station. Only such a hydroelectric generator shall be eligible as a customer-generator as a matter of law without regard to whether such hydroelectric generator is the electric utility customer account of record at the point of interconnection to the electric grid, provided that such a hydroelectric generator that is not the electric utility customer account of record at the point of interconnection to the electric grid was, at one time, owned by the current electric utility customer or a prior electric utility customer at the point of interconnection to the electric grid and that such a hydroelectric generator that is not the electric utility customer account of record submits its initial proposed process and methodology described below to the department of energy and the relevant utility prior to July 1, 2024. Such a hydroelectric generator shall only participate in net metering for that portion of the hydroelectric generation in excess of the hydroelectric generator’s contribution to serving the full requirements of the electric utility customer account of record at the point of interconnection to the electric grid. A hydroelectric generator eligible under this paragraph may, in reliance on revenue-grade meters, utilize a meter reading and billing determinant documentation process consistent with the rules of the public utilities commission in Puc 900 and all applicable tariffs, to determine generation eligible for net energy metering credits. The hydroelectric generator shall submit the proposed process to the department of energy and the relevant utility for approval, and provide a copy to the electric utility customer account of record at the point of interconnection to the electric grid, prior to participating in net metering. The proposed process shall include a description of the methodology for reading the meter and documenting the data, including all necessary billing determinants that will be provided to the utility. Both the department of energy and the utility shall endeavor to review the methodology as expeditiously as possible, and the electric utility customer account of record at the point of interconnection may identify its concerns, if any. If either the department of energy or the utility rejects the proposed process, such rejection shall be adequately specific so that the hydroelectric generator may make the changes necessary to receive approval. Upon approval of the process, the hydroelectric generator shall assume liability for monthly meter reads and providing all requisite billing determinants and other necessary data to the utility for billing purposes, including issuing net metering credits. The utility shall bill according to the information received from the hydroelectric generator, but shall not be liable for the accuracy of meter reads or the ongoing maintenance and performance of the meter. The hydroelectric generator getting billed and receiving credits pursuant to this provision shall be subject to periodic audits of the documentation and records associated with the meter reading process to ensure compliance with all statutes, rules and tariffs. Audits will be conducted on an as-needed basis, and may be requested by the electric utility customer account of record, but no more frequently than annually, which shall be determined and authorized by the department of energy, and conducted by the utility. The audit results shall be provided to the electric utility customer account of record at the point of interconnection to the electric grid. The hydroelectric generator shall be responsible for all meter costs, including those for ongoing operation and maintenance, as well as all audit costs. The utility shall recover the incremental costs for this manual billing process, as well as all net metering credits issued pursuant to this provision from all utility customers. Nothing in this paragraph shall be deemed to approve or allow the participation of energy storage facilities in net energy metering unless otherwise approved or allowed by law or an order or decision issued or rule adopted by the department of energy or the public utilities commission.
2 Effective Date. This act shall take effect upon its passage.