2 Department of Energy;

Duties of Commissioner;

Reference Removed.

Amend RSA 12-P:5 to read as follows:

In addition to the powers, duties, and functions otherwise vested by law in the commissioner of the department of energy, the commissioner, except as otherwise provided in this chapter, shall:

I.

Represent the public interest in the administration of the functions of the department of energy and be responsible to the governor, the general court, and the public for such administration.

II.

Provide for, in consultation with the commissioner of the department of administrative services and the state treasurer, a system of accounts and reports which will ensure the integrity and lawful use of all fees, funds, and revenues collected by the department, the use of which is restricted by state or federal law.

III.

Have the authority to receive, administer, and internally audit all present and future federal and state energy-related grant programs.

HaveThe theconsumer authorityadvocate toshall adopthave rules,authority pursuant to RSA 541-A, necessary to assure the continuance or granting of federal funds or other assistance intended to promote theand administrationfurther ofconsumer thisknowledge chapter, not otherwise provided for by law, and toeducation. adopt all rules necessary to implement the specific statutes administered by the department or by any division or unit within the department, whether the rulemaking authority delegated by the legislature is granted to the commissioner, the department, or any administrative unit or subordinate official of the departmenWhere the commissioner has adopted rules under this paragraph, the department shall not be subject to RSA 541-A:29 or RSA 541-A:29-a.

V.The consumer advocate shall advocate against proposed regional or federal rules or policies that are inconsistent with paragraph I-a and the policies, rules, or laws of New Hampshire.

HaveIn theits authorityparticipation toin reorganizeregional rulesactivities, of the departmentconsumer toadvocate conformshall toconsider thehow requirementsother ofstates' RSApolicies 541-Awill andimpact theNew uniformHampshire draftingrates and numberingwork system adopted by the division of administrative rules, office of legislative servReference changes shall be limited to title,prevent chapter,or part,minimize andany sectionrate designationsimpact and[the numbersconsumer andadvocate substitutiondetermines of terms reflecting reorganization of the department to the existing statutory structure, and shall be madeunjust subjector tounreasonable]. review by the division of administrative rules, office of legislative services for consistency and accuracy of such changes.

Such5 referencePublic changesUtilities; shall be integrated into the rules and such HB 610-FN - AS INTRODUCED - Page 3 - amendments to the rules shall become effective when notice of these reference changes is published by the director of legislative services in the rulemaking register.

ReferenceSupport changesPersonnel made prior to JulyCommission; 1, 2022, shall be exempt from the procedures and requirements of RSA 541-A.

ChangesResidential authorizedRatepayers underAdvisory thisBoard. section shall not affect the adoption or expiration date of rules changed under this section.

VI.RSA 363:28-a is repealed and reenacted to read as follows:

Collect363:28-a andResidential accountRatepayers forAdvisory allBoard. fees, funds, taxes, or assessments levied upon any person subject to the jurisdiction of the department of energy and the public utilities commission.

NotwithstandingAmendment anyto otherHB provision610-FN of- law,Page if2 the- expenditureI. of additional funds over budget estimates is necessary for the proper functioning of the department of energy, the governor and council, with the prior approval of the fiscal committee of the general court, upon request from the department of energy, may authorize an additional assessment pursuant to RSA 363-A for such purpose.

VII.There is established the residential ratepayers advisory board which shall provide oversight of the office of the consumer advocate as established by RSA 363:28 and ensure that the consumer advocate shall focus exclusively on assuring that residential utility customers receive safe and reliable service at the lowest possible cost while maximizing customer freedom and autonomy.

EnsureThe thatadvisory theboard departmentshall providesconsist all necessary support to the public utilities commission, the site evaluation committee, [office of the consumerfollowing advocate,]public andmembers: any other entity that is administratively attached to the department.

VIII.(a) Three members appointed by the speaker of the house.

Appoint:One shall represent the interests of residential ratepayers;

(a)one A consumer advocate, who shall berepresent athe qualifiedinterests attorneyof admittedthe toelderly; practice in this state.

Theand consumerone advocateshall shall:be a member of the public.

(1)(b) TheThree consumermembers advocateappointed shallby have the powersenate andpresident. duty to petition for, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, and consumer services before any board, commission, agency, court, or regulatory body in which the interests of residential utility consumers are involved and to represent the interests of such residential utility consumers.

(2)One The consumer advocate shall haverepresent authority to contract for outside consultants within the limitsinterests of fundsresidential availableratepayers; to the office.

Withone theshall approvalrepresent of the fiscalinterests committee of the generaldisabled; court and the governor and council, the consumer advocate may employ experts to assist it in proceedings before the public utilities commission, and may pay them reasonable compensation.

Theand departmentone of energy shall chargerepresent aenvironmental specialconcerns. assessment for any such amounts against any utility participating in such proceedings and shall provide for the timely recovery of such amounts for the affected utility.

(3)(c) TheThree consumermembers advocateappointed shallby havethe authoritygovernor to promote and furthercouncil. consumer knowledge and education.

TheOne consumer advocate shall advocaterepresent against proposed regional or federal rules or policies that are inconsistent with the policies,interests rules,of orpersons laws of Newlow Hampshire.income;

Inone its participation in regional activities, the consumer advocate shall considerrepresent how other states' policies will impact New Hampshire rates and work to prevent or minimize any rate impact the consumerinterests advocateof determinessmall tobusiness beowners; unjust or unreasonable.

Theand consumerone advocate shall publicizerepresent the Link-Upinterests Newof HBresidents 610-FN - AS INTRODUCED - Page 4 - Hampshire and Lifeline Telephone Assistance programs in order to increase public awareness and utilization of theselow-income programs.housing.

(b) An assistant consumer advocate, who shall be a full-time classified employee.

(c) A secretary, who shall be a full-time classified employee.

3 Department of Energy;

Grid Modernization Advisory Group;

Reference Removed.

Amend RSA 12-P:16, II(c) to read as follows:

(c) The department of energy may obtain the services of a consultant for technical support concerning distribution systems and transactive energy to support department of energy staff, [the consumer advocate,] and the GMAG.

The department of energy shall charge a special assessment for any such amounts for this consultant against any utility participating in the grid modernization advisory group and the public utilities commission shall provide for the timely recovery of such amounts for the affected utility.

4 Aggregation of Electric Customers by Municipalities and Counties;

Aggregation Program;

Reference Removed.

Amend RSA 53-E:7, II to read as follows:

EveryMembers electric aggregation plan and any revision of a plan to include an opt-out default service program shall beserve submitted3-year toterms. the commission, either before or after being submitted by the governing body to the legislative body for approval, to determine whether the plan conforms to the requirements of this chapter and applicable rules of the commission.

TheIn commissionthe shallevent approveof anydeath planor submittedresignation toof itany unlessmember itof findsthe thatadvisory itboard, does not meet the requirementsperson ofor thisentity chapterthat andmade otherthe applicableoriginal rulesappointment and shall detailappoint ina writingsuccessor, addressedand to the governingsuccessor bodiesappointed ofto the municipalitiesvacancy orshall countiesserve concerned,for the specificremainder respectsof in which the proposedunexpired planterm. substantially fails to meet the requirements of this chapter and applicable rules.

FailureThe tomembers disapprove a plan submitted hereunder within 60 days of itsthe submissionboard shall constitutereceive approvalno thereof.Acompensation municipalitybut orshall countybe mayentitled submit a plan that is revised to complyreimbursement withfor applicablemileage requirements at anythe timesame andrate startprovided thefor reviewstate processemployees. over.

Any plan submitted to the commission under this paragraph shall also be submitted on the same date to [the office of the consumer advocate under RSA 363:28 and] any electric distribution utility providing service within the jurisdiction of the municipality or county.

[The consumer advocate, utilities,] Utilities and members of the public may file comments about such plans within the first 21 days of their submission.

Commission review and approval of electric aggregation plans shall not require a contested case but shall allow time for submission and consideration of any such comments.

5 Compensation of Certain State Officers;

Salaries Established;

Reference Removed.

Amend RSA 94:1-a, I(b), labor grade FF, by deleting the following:

FF Public utilities commission consumer advocate 6 Support Personnel to Commission;

Residential Ratepayers Advisory Board;

Support Staff.

Amend RSA 363:28-a, IV to read as follows:

HB 610-FN - AS INTRODUCED - Page 5 - IV.

The board shall receive administrative support from [the office of the consumer advocate] a support staff member appointed by a majority of board members.

7 Support Personnel to Commission;

Residential Ratepayers Advisory Board;

References Removed.

Amend RSA 363:28-a, V(a) to read as follows:

V.(a) The board shall meet at least quarterly and at the call of the chairperson or 3 board members.

[The consumer advocate shall be present for all board meetings to inform the board of the actions of the office of the consumer advocate and to respond to the board's inquiries.] 8 Expenses of Public Utilities Commission Against Certain Utilities;

Ascertainment of Expenses;

References Removed.

Amend RSA 363-A;1 to read as follows:

363-A:1 Ascertainment of Expenses.

The department of energy shall annually, after the close of the fiscal year, ascertain the total of its expenses attributable to support of the public utilities commission and to performance of all duties and responsibilities transferred to the department from the public utilities commission, in addition to the total of the public utilities commission's expenses during such year incurred in the performance of its duties relating to public utilities as defined in RSA 362 and other entities subject to its regulatory and enforcement authority [and relating to the office of the consumer advocate].

In the determination of such expenses there shall be excluded the expenses which have been or may be charged and recovered under the provisions of RSA 365:37, RSA 365:38, and RSA 374-F:7, I.

9 Expenses of Public Utilities Commission Against Certain Utilities;

Assessment;

Reference Removed.

Amend RSA 363-A:2, IV to read as follows:

IV.

The expenses of the department of energy and the public utilities commission, [and the office of the consumer advocate,] less the total of the assessed sums paid pursuant to paragraph III, shall be allocated to each utility and other assessed entity in direct proportion as the revenue calculation for such utility or other assessed entity relates to the total of all such revenue calculations as a whole, except as otherwise provided in paragraph V.

Each such expense allocation shall be assessed against each public utility and other assessed entity in an amount equal to its proportionate share as determined under this section, except that the expense allocation attributed to each entity described in subparagraph I(e) shall be imputed to and included in the expense allocation to each electric or natural gas distribution utility or rural electric cooperative for which a certificate of deregulation is on file with the commission, in correspondence to the revenue portion reported pursuant to paragraph II as having been received from the distribution customers of such distribution utility or the members of such rural electric cooperative for which a certificate of deregulation is on file with the commission.

10 Complaints to the Department of Energy and Proceedings Before the Commission;

Expense of Investigations;

Reference Removed.

Amend RSA 365:37, II to read as follows:

II.

Whenever the commission institutes a proceeding, or when more than one utility subject to the jurisdiction of the commission shall be involved in a proceeding in which the commission or HB 610-FN - AS INTRODUCED - Page 6 - the department of energy requires the assistance of experts, accountants or other assistants, regardless of whether they petitioned the commission in the first instance, the commission and the department of energy may assess the costs of experts, accountants or other assistants hired by the commission or the department of energy against the utilities and any other parties to the proceeding.

The commission and the department of energy shall not, however, assess any such costs against [the office of the consumer advocate or against] any voluntary corporation, not-for-profit organization, or any municipality unless the municipality is involved in a proceeding before the commission pursuant to RSA 38.

In the case of a utility, the assessment of those costs shall be based on the annual revenues of the participating utilities in the same manner as issued in assessing the annual operating expenses of the commission and the department of energy, or as appropriate and equitable on a case by case basis.

In the case of a party who is not a utility, the assessment of those costs shall be as appropriate and equitable on a case by case basis.

Such expenses shall not include any part of the salaries or expenses of the commissioners or of employees of the commission or of employees of the department of energy or, unless the proceeding is being conducted pursuant to RSA 38, the fees of experts testifying as to values in condemnation proceedings.

11 Electric Rate Reduction Financing and Commission Action;

Definitions;

Reference Removed.

Amend RSA 369-B:2, XVIII to read as follows:

XVIII.

"2015 settlement proposal" means the "2015 Public Service Company of New Hampshire Restructuring and Rate Stabilization Agreement" reached by and between PSNH, the New Hampshire department of energy, [the New Hampshire consumer advocate,] and any other settling parties in Dockets DE 11-250 and DE 14-238 before the commission regarding cost recovery of the Merrimack Station scrubber and divestiture of PSNH's remaining generation plants.

12 Electric Utility Restructuring;

Purchased Power Agreements;

Reference Removed.

Amend RSA 374-F:11, I(a) to read as follows:

(a) The electric distribution utilities may issue requests for proposals alone or in conjunction with another New Hampshire utility or utilities, or with out -of-state utilities subject to consultation with the department of energy [and the office of the consumer advocate] with resulting contracts approved by the public utilities commission.

13 Electric Utility Restructuring;

Purchased Power Agreements;

References Removed.

Amend RSA 374-F:11, I(c) to read as follows:

(c) Electric distribution utilities shall consult with the department of energy [and the office of the consumer advocate] on all issues related to such requests for proposals, prior to issuance, including the criteria and scoring to be used in the review of responses to the request for proposals.

The department [and the office of the consumer advocate] shall provide any such consultation within 60 days from the date each draft request for proposals is provided for its review.

Within this period the utilities shall solicit public comment.

14 Repeals.

The following are repealed:

HB 610-FN - AS INTRODUCED - Page 7 - I.

RSA 12-P:16, I(b), relative to the consumer advocate as a voting member of the grid modernization advisory group.

II.

RSA 363:28, relative to the office of the consumer advocate.

RSAsThe 363:28-a,board Vshall (b)elect andannually (c),a relativechairperson tofrom advisingamong theits officemembership. of the consumer advocate.

RSAThe 363:39,board relativeshall toreceive confidentialadministrative complaintssupport providedfrom to the office of the consumer advocate.

V.V.(a) The board shall meet at least quarterly and at the call of the chairperson or 3 board members.

RSAThe 363-A:2,consumer V,advocate relativeshall tobe expensespresent relatingfor all board meetings to inform the board of the actions of the office of the consumer advocate.advocate and to respond to the board's inquiries.

VI.(b) Except as pertains to any end user of an excepted local exchange carrier or services provided to such end user, the board shall advise the consumer advocate on matters concerning residential ratepayers.

RSA(c) 374-F:10,Prior II(h), relative to membersthe expiration of the commissionconsumer onadvocate's offshoreterm, windthe board shall recommend to the governor and portcouncil development.whether to reappoint the consumer advocate.

VII.If the board does not recommend reappointment or the governor and council do not accept the board's recommendation to reappoint, the board shall then recommend 3 persons to the governor and council to fill the position.

RSA(d) 378:50,After III(b),providing relativenotice and opportunity for a hearing to definitionsthe consumer advocate, the oversight board may by two-thirds vote recommend that the governor seek the removal of the consumer advocate for multi-usefailure energyto datadischarge platforms.the powers, duties, and limitations set forth in RSA 363:28.

15A Effectivefailure Date.to discharge the powers, duties, and limitations set forth in RSA 363:28 shall be deemed adequate grounds for removal of the consumer advocate pursuant to RSA 4:1, and a removal Amendment to HB 610-FN - Page 3 - recommendation from the oversight board shall be deemed a petition to the governor and council within the meaning of RSA 4:1, II.

This6 actEffective shallDate. take effect 120 days after its passage.

LBAThis 25-0346act 1/6/25shall HBtake 610-FN-effect FISCAL90 NOTEdays ASafter INTRODUCEDits ANpassage. ACT relative to repealing the Office of the Consumer Advocate.

FISCALAmendment IMPACT:to HB 610-FN - Page 4 - 2025-3076h AMENDED ANALYSIS This bill makes changes to the composition and objectives of the office of the consumer advocate.

This bill does not provide funding, nor does it authorize new positions.

Estimated State Impact FY 2025 FY 2026 FY 2027 FY 2028 Indeterminable Indeterminable Revenue $0 Decrease Decrease -$1,187,929 Revenue Fund(s) Utility Assessment Indeterminable Indeterminable -$962,897 to Expenditures* $0 Decrease Decrease -$1,158,791 Funding Source(s) Utility Assessment Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY:

This bill repeals the Office of the Consumer Advocate (OCA).

The operating budget for the OCA is funded by utility assessment revenue.

The OCA consists of 1 unclassified position and 5 classified positions.

The Department of Energy provided information on the OCA's operating budget from the Agency Budget Request.

The requested budget for the OCA is $1,158,791 for FY and $1,187,929 for FY 2027.

The Department assumes if the OCA is repealed, expenditures would decrease, but not by the full budget amount in FY 2026 and FY 2027.

In accordance with RSA 363:28, the Consumer Advocate is appointed by the Governor and Executive Council for a 4-year term.

If the office is repealed the incumbent would be entitled to payment of salary and benefits through the end of their term, either up front or over the remainder of the term.

In addition, staff in the classified positions would be entitled to payment of certain unused leave balances upon termination.

The amounts of these payments are indeterminable, but they would likely occur in FY 2026.

The Public Utilities Commission indicated the bill would have no fiscal impact on the Commission's operating budget.

It is assumed that any fiscal impact would occur after FY 2025 and any remaining liabilities held by the PUC would be assumed by the Department of Energy.

AGENCIES CONTACTED:

Department of Energy and Public Utilities Commission