New Hampshire SB 539: relative to eligible biomass technology in the renewable portfolio standards.

Bill Text

SB 539-FN - AS INTRODUCED

2026 SESSION

 26-2123

 06/08

SENATE BILL 539-FN

AN ACT relative to eligible biomass technology in the renewable portfolio standards.

SPONSORS: Sen. McConkey, Dist 3; Sen. Innis, Dist 7; Sen. Avard, Dist 12; Sen. Pearl, Dist 17; Sen. Carson, Dist 14

COMMITTEE: Energy and Natural Resources

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ANALYSIS

 This bill restructures how biomass technologies are categorized and eligible for renewable portfolio standard compliance in the state by aligning all eligible biomass technologies to class III.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2123

 06/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to eligible biomass technology in the renewable portfolio standards.

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

 1 Minimum Electric Renewable Portfolio Standards. Amend RSA 362-F:3 to read as follows:

 362-F:3 Minimum Electric Renewable Portfolio Standards. For each year specified in the table below, each provider of electricity shall obtain and retire certificates sufficient in number and class type to meet or exceed the following percentages of total megawatt-hours of electricity supplied by the provider to its end-use customers that year, except to the extent that the provider makes payments to the renewable energy fund under RSA 362-F:10, II: 

 2008 2009 2010 2011 2012 2013 2014 2015 2025 and thereafter

Class I 0.0% 0.5% 1% 2% 3% 3.8% 5% 6% [15%] 12% (*) 

Class II 0.0% 0.0% 0.04% 0.08% 0.15% 0.2% 0.3% 0.3% 0.7% 

Class III 3.5% 4.5% 5.5% 6.5% 1.4% 1.5% 3.0% 8.0% [8.0%] 9% 

Class IV 0.5% 1% 1% 1% 1% 1.3% 1.4% 1.5% 1.5% 

*Class I increases an additional 0.9 percent per year from 2015 through 2025. A set percentage of the class I totals shall be satisfied annually by the acquisition of renewable energy certificates from qualifying renewable energy technologies producing useful thermal energy as defined in RSA 362-F:2, XV-a. The set percentage shall be 0.4 percent in 2014, 0.6 percent in 2015, 0.8 percent in 2016, and increased annually by 0.2 percent per year from 2017 through 2023, after which it shall remain unchanged. Class II shall increase to 0.5 percent beginning in 2018, 0.6 percent beginning in 2019, and 0.7 percent beginning in 2020, otherwise classes II-IV shall remain at the same percentages from 2015 through 2025 except as provided in RSA 362-F:4, V-VI.

 2 Electric Renewable Energy Classes. Amend RSA 362-F:4, I(f) through (j) to read as follows:

 [(f) Eligible biomass technologies.]

 [(g)] (f) Solar thermal energy; if the solar thermal energy output is in the form of useful thermal energy only if the unit began operation after January 1, 2013.

 [(h)] (g) Class II sources to the extent that they are not otherwise used to satisfy the minimum portfolio standards of other classes.

 [(i)] (h) The incremental new production of electricity in any year from [an eligible biomass or] methane source or any hydroelectric generating facility licensed or exempted by Federal Energy Regulatory Commission (FERC), regardless of gross nameplate capacity, over its historical generation baseline, provided the department of energy certifies demonstrable completion of capital investments attributable to the efficiency improvements, additions of capacity, or increased renewable energy output that are sufficient to, were intended to, and can be demonstrated to increase annual renewable electricity output. The determination of incremental production shall not be based on any operational changes at such facility but rather on capital investments in efficiency improvements or additions of capacity.

 [(j)] (i) The production of electricity from a [class III or] IV source that has begun operation as a new facility by demonstrating that 80 percent of its resulting tax basis of the source's plant and equipment, but not its property and intangible assets, is derived from capital investment directly related to restoring generation or increasing capacity including department permitting requirements for new plants. Such production shall not qualify for class [III or] IV certificates. [Commencing July 1, 2013, a class III source eligible as a class I source under this subparagraph or subparagraph (i) may submit a notice to the department of energy electing to be a class III source instead of a class I source. Once such notice is given, the production from such a source shall qualify for class III certificates, provided the source meets the other requirements of a class III eligible biomass technology.] 

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