New Hampshire HB 1722: relative to consumer protections and energy classifications for large-use electric facilities.

Bill Text

HB 1722 - AS INTRODUCED

2026 SESSION

 26-2682

 06/08

HOUSE BILL 1722

AN ACT relative to consumer protections and energy classifications for large-use electric facilities.

SPONSORS: Rep. McGhee, Hills. 35; Rep. Caplan, Merr. 8; Rep. W. Thomas, Hills. 12; Sen. Perkins Kwoka, Dist 21

COMMITTEE: Science, Technology and Energy

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ANALYSIS

 This bill creates a regulatory framework for large-energy-use retail electricity facilities, directs the public utilities commission to develop a separate classification for such customers, set cost-based tariffs, and regulate long-term contracts to prevent adverse cost impacts on other ratepayers.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2682

 06/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to consumer protections and energy classifications for large-use electric facilities.

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

 1 New Chapter; Large-Energy-Use Retail Electricity Facilities. Amend RSA by inserting after chapter 374-H:3 the following new chapter: 

CHAPTER 374-I

LARGE-ENERGY-USE RETAIL ELECTRICITY FACILITIES

 374-I:1 Definitions. In this chapter: 

 I. “Costs of serving” include, as applicable, the costs incurred by an electric utility in providing transmission, distribution, interconnection, energy, capacity, or ancillary electricity services, and any related costs or associated risks in serving a large-energy-use retail electricity customer. 

 II. “Facility” means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or entity. 

 III. “Large-energy-use facility” means a facility that can use 20 megawatts or more at peak demand and is primarily engaged in providing a service described under code 518210 of the 2022 North American Industry Classification System, including computer processing, data processing centers, and web hosting services. 

 374-I:2 Classification of Service. 

 I. The public utilities commission shall establish a separate classification of retail electric service for large-energy-use facilities. 

 II. The classification shall be distinct from existing commercial or industrial service classes and shall have its own tariff schedule. 

 III. Any tariff schedule adopted under this section shall: 

 (a) Allocate the costs of serving the large-energy-use facilities’ class proportionally to their actual costs of service, or assign the known costs of serving each customer directly to that customer; and 

 (b) Mitigate the risk of: 

 (1) Other retail electricity customers paying unwarranted electric costs; and 

 (2) Shifting the costs of service or load-balancing expenses from large-energy-use facilities to other retail electricity customer classes. 

 374-I:3 Tariffs and Rate Approval. 

 I. In reviewing or approving a proposed tariff schedule for large-energy-use facilities, the commission shall consider whether the proposed rates: 

 (a) Could result in increased costs or unwarranted risk to other retail electricity customers; 

 (b) Provide for equitable contributions to system efficiency, reliability, and resiliency; 

 (c) Are consistent with state and federal energy policy requirements; 

 (d) Allow reasonable flexibility for procurement of generation resources; and 

 (e) Serve the public interest, including consideration of environmental or community impacts such as water, air, or noise pollution. 

 II. The commission shall open a docket including all regulated state utilities to develop an initial tariff schedule under this chapter by January 1, 2028, to facilitate adoption of the new classification. 

 374-I:4 Contracting Requirements. 

 I. The commission shall require an electric utility entering into a contract to serve a large-energy-use facility to include provisions covering transmission, distribution, interconnection, energy, capacity, and ancillary services. 

 II. Each contract shall: 

 (a) Comply with the criteria in RSA 374-I:2; 

 (b) Specify a term of not less than 10 years; 

 (c) Identify the commencement date or estimated service-start date; 

 (d) Obligate the customer to pay a minimum amount or percentage of projected usage, as determined by the commission, for the duration of the contract; and 

 (e) Include provisions addressing early termination, performance failure, or other risks that could shift costs to other ratepayers. 

 III. A contract ma