CHAPTER Puc 2600
GREENHOUSE GAS EMISSIONS REDUCTION FUND
PART Puc 2601 PURPOSE
Puc 2601.01 Purpose. The purpose of Puc 2600, pursuant to RSA
125-O:8, II and 125-O:23, is to provide for the administration of the
greenhouse gas emissions reduction fund.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2601.02. Applicability. Puc 2600 shall apply to those persons seeking
use of monies from the greenhouse gas emissions reduction fund including:
(a) Private
entities;
(b) The department;
(c) The commission;
and
(d) Other state and
local governmental agencies and instrumentalities.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
PART Puc 2602 DEFINITIONS
Puc 2602.01
“Allowances” means those Regional Greenhouse Gas Initiative (RGGI)
allowances comprising the state’s annual budget for CO2 emissions specified in
RSA 125-O:21, II.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.02
“Building energy code” means the building code defined in RSA 155-D:2,
II.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.03
“Conservation” means a reduction in energy use and greenhouse gas
emissions through reduced energy consumption or demand.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615,
eff12-12-09, EXPIRED: 12-12-17
Puc 2602.04
“Commission” means the
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.05
“Cost-effective” means that the reasonably expected energy efficiency
gains and other benefits of a proposed measure or program exceed the reasonably
projected costs of implementing the measure or program calculated over its
expected life.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.06 “Department” means the department of
environmental services.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.07 “Demand
response programs” means mechanisms to reduce the demand from electricity
customers in response to supply conditions, peak
demand, or market prices.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.08 “Energy
audit” means the inspection, survey and analysis of energy flows in a building,
process or system with the objective of understanding the energy dynamics of
the system under study and assessing the opportunities for energy efficiency
and conservation improvements.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.09 “Energy
efficiency” means using less energy or energy in a different manner that
results in lower net greenhouse gas emissions to provide the same level of
energy service or comparable functionality.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.10
“Greenhouse gas emissions reduction fund” means the non-lapsing, special
fund established by RSA 125-O:23.
Source. #9352, INTERIM, eff 1-1-09, EXPIRES: 12-31-09;
ss by #9615, eff 12-12-09, EXPIRED: 12-12-17
Puc 2602.11
“Low-income residential customers” means those residents of
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.12 “
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.13 “Passive
solar heating and ventilation systems” means the technologies that create heat
or cooling without the use of active mechanical systems. Passive solar heating technologies convert
sunlight into usable heat or store heat for future use, with little or no use
of other energy sources. Passive
ventilation systems use building design features that allow or promote air
flows for natural ventilation and cooling with little or no use of other energy
sources.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.14 “Private
entity” means a for profit or not for profit legal entity that is not a
governmental agency, including, but not limited to, non-municipal utilities,
corporations, partnerships, individuals and other forms of business and not for
profit organizations.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.15
“Regional greenhouse gas initiative (RGGI)” means “regional greenhouse
gas initiative” as defined in RSA 125-O:20, XII, namely “the program to
implement a memorandum of understanding (MOU) between signatory states, dated
December 20, 2005 and as amended on August 8, 2006 and April 20, 2007, and the
corresponding model rule to establish a regional CO2 emissions budget and
allowance trading program for emissions from fossil fuel-fired electricity
generating units.”
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.16
“Revolving loan fund” means a source of money from which loans are made
for energy efficiency, conservation, or demand response purposes where, as
borrowers repay loans, funds become available for new loans to other borrowers.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2602.17
“Weatherization” means the practice of protecting a building and its
interior from cold and hot weather including sunlight, precipitation, and wind,
and of modifying a building to reduce energy consumption and optimize energy
efficiency.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
PART Puc 2603 LOW INCOME RESIDENTIAL CUSTOMERS
Puc 2603.01 Energy
Efficiency for Low Income Residential Customers.
(a) Pursuant to RSA
125-O:23,
(1) To reduce total energy use, including heating
fuels; and
(2) To foster the development and retrofitting of
highly efficient and affordable housing.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
PART Puc 2604 ENERGY EFFICIENCY PROGRAMS
Puc 2604.01 Use
of Greenhouse Gas Emissions Reduction Fund.
(a) Pursuant to RSA
125-O:23, the greenhouse gas emissions reduction fund shall be used to support
energy efficiency, conservation and demand response programs to reduce
greenhouse gas emissions generated within New Hampshire.
(b) The commission
shall select and fund eligible programs through:
(1) The solicitation of proposals pursuant to Puc
2604.02;
(2) An adjudicative proceeding, pursuant to Puc
203, for the system benefits charge core efficiency programs approved pursuant
to RSA 374-F; or
(3) Otherwise through an adjudicative proceeding,
pursuant to Puc 203.
(c) Eligible
programs shall include, but not be limited to, the following:
(1) Energy audits;
(2) Weatherization of
(3) Energy efficiency related work force training
and development;
(4) Revolving loan funds for energy efficiency
related investment;
(5) Energy efficiency related industrial process
and control systems;
(6) Integration of passive solar heating and
ventilation;
(7) Programs to increase compliance with the
building energy code;
(8) Programs to improve the electric and thermal
energy efficiency of new and existing residences and commercial buildings;
(9) Programs to foster the development and
retrofitting of highly efficient and affordable housing;
(10) Education, outreach and information programs
that promote energy efficiency, conservation, and demand response; and
(11) Demand response programs to reduce
(d) Notwithstanding this
part, the commission shall have the authority to rebate certain monies in the
greenhouse gas emissions reduction fund to electric ratepayers pursuant to Puc
2605 and RSA 125-O:23, IV.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2604.02 Solicitation of Proposals.
(a) The commission
shall periodically issue requests for proposals (RFPs) for programs to be
supported by the greenhouse gas emissions reduction fund.
(b) To be eligible
for monies from the greenhouse gas emissions reduction fund, a proposal shall
be designed to improve energy efficiency, conservation or demand response, and
reduce greenhouse gas emissions in
(c) Persons eligible
to respond to any request for proposals include the following:
(1) Private entities;
(2) The department;
(3) The commission; and
(4) State and local government agencies and
instrumentalities, including municipal utilities.
(d) RFPs shall
include:
(1) A description of information to be included
in submitted proposals;
(2) Requirements for funding agreements that
selected recipients will be required to enter into prior to receiving funding;
(3) Monitoring and reporting requirements; and
(4) Proposal submission requirements.
(e) The commission
shall request supplemental information or revisions from persons submitting
proposals when such information or revisions will:
(1) Clarify the terms within the proposal; or
(2) Otherwise assist the commission in the
revision and evaluation of the proposal.
(f) The commission
shall recommend coordination or collaboration between applicants and shall
allow revisions to proposals if such coordination, collaboration or revisions
will improve:
(1) Efficient management of the program;
(2) Cost effectiveness of the program; or
(3) The ability of the applicant or applicants to
accomplish the purposes of RSA 125-O:23.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615,
eff12-12-09, EXPIRED: 12-12-17
Puc 2604.03 Selection
of Proposals.
(a) In determining
whether and to what extent it will fund proposals submitted pursuant to Puc
2604.02 (a) above, the commission shall consider the extent to which each proposed
program can be expected to:
(1) Reduce greenhouse gas emissions from all
fuels used to provide electricity, heating and cooling in
(2) Be cost-effective;
(3) Reduce
(4) Promote:
a. Market transformation for energy efficient
technologies, strategies and design;
b. Innovative technologies;
c. Economic development; and
d. Reduced energy costs;
(5) Leverage funds or resources from other
sources to maximize its impact;
(6) Effectively measure and verify program
performance against stated goals;
(7) Promote collaboration and provide useful
information for future program evaluation and improvements; and
(8) Otherwise be consistent with the public
interest and the purposes of RSA 125-O:19.
(b) The commission
shall fund those proposals that it finds:
(1) Support one or more of the purposes set forth
in (a) above;
(2) Are realistically proposed and achievable by
the applicant;
(3) Are most likely, on balance, to advance the
purposes of RSA 125-O, within the constraint of available funds.
(c) Following
selection of a proposal, the commission shall establish a schedule of
disbursement of funds that shall consist of one or more of the following:
(1) Upfront funding of the proposal;
(2) Increments of funding based on the passage of
time or specified milestones;
(3) Reimbursement of actual expended costs; or
(4) A loan of funds for a period of time.
(d) Pursuant to RSA 125-O:23,VIII, the commission
shall enter into funding agreements for the implementation of programs that are
contingent, in whole or in part, on future proceeds from budget allowance
auctions held within 12 months of the date such agreements become effective.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
PART Puc 2605 RATEPAYER REBATES
Puc 2605.01 Allowance
Sales in Excess of Threshold Prices
(a) Notwithstanding
Puc 2604 above, pursuant to RSA 125-O:23, IV the commission shall order and
provide for the rebate to all electric ratepayers on a uniform per kilowatt
hour basis all auction proceeds that exceed threshold prices for any allowance
sale made prior to January 1, 2016.
(b) For purposes of
this section, “threshold prices” means the prices listed below for any
allowance sale made prior to January 1, 2016 that are deposited in the fund:
(1) 2009, $6 per ton;
(2) 2010, $8 per ton;
(3) 2011 and 2012, $9 per ton;
(4) 2013 and 2014, $12 per ton; and
(5) 2015, $15 per ton.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2605.02. Unencumbered
Funds. If the commission finds that
there is a significant amount of unencumbered dollars in the greenhouse gas
emissions reduction fund that are not needed for program or administrative
purposes, the commission shall order and provide for the rebate of such
unencumbered dollars on a uniform per kWh basis to electric ratepayers.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
Puc 2605.03 Rebate
to Electric Ratepayers. The
commission shall order and provide for the rebate of any monies eligible for
rebate under this part in a timely manner to be set forth by commission order.
Source. #9352, INTERIM, eff 1-1-09; ss by #9615, eff
12-12-09, EXPIRED: 12-12-17
APPENDIX
|
Rule |
Statute |
|
|
|
|
Puc 2601.01 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2601.02 |
RSA 125-O:8, II; RSA
125-O:23, II |
|
Puc 2602.01 |
RSA 125-O:8, II; RSA
125-O:23; RSA 125-O:21, II |
|
Puc 2602.02 |
RSA 125-O:8, II; RSA
125-O:23; RSA 155-D:2, II |
|
Puc 2602.03 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.04 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.05 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.06 |
RSA 125-O:8, II; RSA
125-O:23; RSA 125-O:2, IV |
|
Puc 2602.07 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.08 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.09 |
RSA 125-O:8, II; RSA 125-O:23 |
|
Puc 2602.10 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.11 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.12 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.13 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.14 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.15 |
RSA 125-O:8, II; RSA
125-O:23; RSA 125-O:20, XII |
|
Puc 2602.16 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2602.17 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2603.01 |
RSA 125-O:8, II; RSA
125-O:23; RSA 125-O:23, III |
|
Puc 2604.01 |
RSA 125-O:8, II; RSA
125-O:23 |
|
Puc 2604.02 |
RSA 125-O:8, II; RSA 125-O:23 |
|
Puc 2604.03 |
RSA 125-O:8, II; RSA
125-O:23; RSA 125-O:23,VII |
|
Puc 2605.01 |
RSA 125-O:8, II; RSA
125-O:23; RSA 125-O:23, IV |
|
Puc 2605.02 |
RSA 125-O:8, II; RSA
125-O:23, V |
|
Puc 2605.03 |
RSA 125-O:8, II; RSA
125-O:23; IV |