SB 591 — allowing utility companies to own or build generation facilities.

CHAPTER 108 SB 591-FN - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 03/05/2026 0779s SESSION 26-2169 06/09 SENATE BILL 591-FN AN ACT relative to electric utility investment in distributed energy resources.

CHAPTER 108 SB 591-FN - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 03/05/2026 0779s 26-2169 06/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to electric utility investment in distributed energy resources.

1108:1 Electric Utility Investment in Distributed Energy Resources.

In addition, once the cumulative generation authorized under this chapter for a given public utility reaches 3 percent of the utility's total distribution peak load in megawatts, then that utility shall not be allowed to add any additional non-renewable generation under this chapter, until the cumulative renewable generation installed pursuant to this chapter, as a percentage of total generation installed pursuant to this chapter, shall equal or exceed twice the sum of the then-then-applicable applicable percentage requirements for class I and class II under RSA 362-F:3.] 2108:2 Electric Utility Investment in Distributed Energy Resources;

3108:3 Effective Date.

This act shall take effect 60 days after its passage.pass108:

LBAApproved: 26-2169 4/6/26 SB 591-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT # 2026-0779s) AN ACT allowing utility companies to own or build generation facilities.

FISCALMay IMPACT:28, 2026 Effective Date:

ThisJuly bill27, does2026 not provide funding.

Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 $0 $0 $0 Revenue Fund(s) None Indeterminable Indeterminable Indeterminable Increase Increase Increase Expenditures* $0 Indeterminable Indeterminable Indeterminable Increase (State Increase (State Increase (State Utility Costs) Utility Costs) Utility Costs) Funding Source(s) Utility Assessments per RSA 363-A:1, General Fund, Highway Fund and Various Agency Funds Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2026 FY 2027 FY 2028 FY 2029 County Revenue $0 $0 $0 $0 County Expenditures $0 Indeterminable Indeterminable Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures $0 Indeterminable Indeterminable Indeterminable The Office of Legislative Budget Assistant is unable to provide a complete  fiscal note for this bill, as amended, as it is awaiting information from the Public Utilities CommissThe.

Commission was originally contacted on 03/05/26 and again on 03/27/26 for a fiscal note worksheet.

When completed, a revised fiscal note will be forwarded to the Clerk's Office.

METHODOLOGY:

This bill authorizes limited exceptions allowing electric distribution utilities to invest in distributed energy resources, subject to approval by the Public Utilities Commission, and declares it state policy to permit such investments when such action serves the public interest and provides benefits to ratepayers and taxpayers.

The Department of Energy states this bill would increase the Department’s workload related to review of utility petitions seeking approval to invest in distributed energy resources.

The Department indicates it would require specialized consulting expertise to evaluate proposed projects and assess whether they serve the public interest and provide benefits to ratepayers and taxpayers.

The Department estimates consulting costs would range from $150,000 to $250,000 per petition and states these costs would be paid by the petitioning utility through a special assessment.

As a result, the Department reports no direct impact to state funds;

however, increased utility costs would ultimately be recoverable from ratepayers.

The Department further notes that the State of New Hampshire represents approximately 1% of electric sales statewide, and any increase in electric rates would result in higher state utility costs, which are indeterminable.

Lastly, county and local governments may experience increased electric costs resulting from future rate changes.

The fiscal impact is indeterminable.

AGENCIES CONTACTED:

Department of Energy and Public Utilities Commission