reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-E - Telecommunications Equipment Assistance Program › Section 362-E:3 - Duties.

362-E:3 Duties. –
The commission shall:
I. Establish:
(a) A program that will enable qualified persons in New Hampshire to access telephone service through the use of telecommunications equipment assistance.
(b) Eligibility criteria, which shall include ability to pay. The telecommunications equipment assistance program shall pay the full costs for persons whose income levels do not exceed 200 percent of the federal poverty level guidelines published in the Federal Register, exclusive of disability-related expenses.
(c) Guidelines for verifying the applicant's impairment and eligibility.
(d) Limits on equipment availability.
II. Contract services for:
(a) Distributing equipment.
(b) Teaching applicants how to use or access any adaptive equipment.
(c) Evaluating the needs of an applicant in the applicant's customary environment.
(d) Providing assistance to applicants with selection, design, fit, application, and other issues related to the use of assistive devices.
III. Consult with the New Hampshire Telecommunications Relay Services Advisory Board on methods to enhance the current telecommunications relay service and increase accessibility.
IV. Perform any other functions necessary to implement the provisions of this chapter.
Source.
1996, 240:1. 1999, 337:6, eff. Jan. 2, 2000; 337:7, eff. Jan. 2, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-E - Telecommunications Equipment Assistance Program › Section 362-E:4 - Cooperation.

362-E:4 Cooperation. –
The commission may cooperate with any local, state, or federal agency or any private organization necessary to implement the provisions of this chapter.
Source.
1996, 240:1, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-E - Telecommunications Equipment Assistance Program › Section 362-E:5 - Rulemaking.

362-E:5 Rulemaking. –
The commission shall adopt rules, pursuant to RSA 541-A, relative to:
I. Eligibility criteria.
II. Procedures for the verification of an applicant's impairment and eligibility.
III. Limits on equipment availability.
IV. The proper administration of this chapter.
Source.
1996, 240:1. 1999, 337:8, eff. Jan. 2, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-E - Telecommunications Equipment Assistance Program › Section 362-E:6 - Funding.

362-E:6 Funding. –
The telecommunications equipment assistance program shall be funded in an amount not to exceed $96,000 annually from the telecommunications relay service trust fund established by the public utilities commission.
Source.
1996, 240:1. 1999, 337:9, eff. Jan. 2, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-E - Telecommunications Equipment Assistance Program › Section 362-E:7 - Annual Report.

362-E:7 Annual Report. –
The governor's commission on disability shall file a report which shall include the number of persons assisted, all sources of funding, and the total amount disbursed under this chapter. Such report shall be submitted annually to the governor and council, the senate president, the speaker of the house and the public utilities commission, on or before October 1.
Source.
1996, 240:1, eff. July 1, 1996. 2015, 259:8, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:1 - Purpose.

362-F:1 Purpose. –
Renewable energy generation technologies can provide fuel diversity to the state and New England generation supply through use of local renewable fuels and resources that serve to displace and thereby lower regional dependence on fossil fuels. This has the potential to lower and stabilize future energy costs by reducing exposure to rising and volatile fossil fuel prices. The use of renewable energy technologies and fuels can also help to keep energy and investment dollars in the state to benefit our own economy. In addition, employing low emission forms of such technologies can reduce the amount of greenhouse gases, nitrogen oxides, and particulate matter emissions transported into New Hampshire and also generated in the state, thereby improving air quality and public health, and mitigating against the risks of climate change. It is therefore in the public interest to stimulate investment in low emission renewable energy generation technologies in New England and, in particular, New Hampshire, whether at new or existing facilities.
Source.
2007, 26:2, eff. July 10, 2007.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:3 - Minimum Electric Renewable Portfolio Standards.

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% (*)
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%
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.
Source.
2007, 26:2, eff. July 10, 2007. 2012, 272:3, eff. June 19, 2012. 2013, 272:1, eff. July 24, 2013; 279:7, eff. July 27, 2013. 2017, 226:6, eff. July 11, 2017.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:3-a - Exclusions to the Amount of Electricity Supplied.

362-F:3-a Exclusions to the Amount of Electricity Supplied. –
If a provider of electricity has revenue grade meter data on the quantity of exports to the grid from a qualifying storage system as defined in RSA 362-A:1-a to the extent that it is charged from the grid, such amounts may be deducted from the calculation of electricity supplied by the provider to its end-use customers for the applicable year for purposes of compliance with RSA 362-F:3 as determined and provided for by the commission.
Source.
2022, 218:4, eff. June 17, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:5 - Department of Energy Review and Report.

362-F:5 Department of Energy Review and Report. –
Commencing in January 2011, 2018, and 2025 the department of energy shall conduct a review of the class requirements in RSA 362-F:3 and other aspects of the electric renewable portfolio standard program established by this chapter. Thereafter, the department of energy shall make a report of its findings to the general court by November 1, 2011, 2018, and 2025, respectively, including any recommendations for changes to the class requirements or other aspects of the electric renewable portfolio standard program. The department of energy shall review, in light of the purposes of this chapter and with due consideration of the importance of stable long-term policies:
I. The adequacy or potential adequacy of sources to meet the class requirements of RSA 362-F:3;
II. The class requirements of all sources in light of existing and expected market conditions;
III. The potential for addition of a thermal energy component to the electric renewable portfolio standard;
IV. Increasing the class requirements relative to classes I and II beyond 2025;
V. The possible introduction of any new classes such as an energy efficiency class or the consolidation of existing ones;
VI. The timeframe and manner in which new renewable class I and II sources might transition to and be treated as existing renewable sources and if appropriate, how corresponding portfolio standards of new and existing sources might be adjusted;
VII. The experience with and an evaluation of the benefits and risks of using multi-year purchase agreements for certificates, along with purchased power, relative to meeting the purposes and goals of this chapter at the least cost to consumers and in consideration of the restructuring policy principles of RSA 374-F:3; and
VIII. Alternative methods for renewable portfolio standard compliance, such as competitive procurement through a centralized entity on behalf of all consumers in all areas of the state.
IX. The distribution of the renewable energy fund established in RSA 362-F:10.
Source.
2007, 26:2. 2008, 368:2, eff. July 11, 2008. 2021, 91:241, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:7 - Sale, Exchange, and Use of Certificates.

362-F:7 Sale, Exchange, and Use of Certificates. –
I. A certificate may be sold or otherwise exchanged by the source to which it was initially issued or by any other person or entity that acquires the certificate. A certificate may only be used once for compliance with the requirements of this chapter. It may not be used for compliance with this chapter if it has been or will be used for compliance with any similar requirements of another non-federal jurisdiction, or otherwise sold, retired, claimed, or represented as part of any other electrical energy output or sale. Certificates shall only be used by providers of electricity for compliance with the requirements of RSA 362-F:3 in the year in which the generation represented by the certificate was produced, except that unused certificates of the proper class issued for production during the prior 2 years may be used to meet up to 30 percent of a provider's requirements for a given class obligation in the current year of compliance.
II. Certificates from behind-the-meter distributed generation shall be initially issued to the owner of the customer-sited source or its designee, regardless of whether the source has received assistance from the renewable energy fund established in RSA 362-F:10.
Source.
2007, 26:2, eff. July 10, 2007. 2012, 272:12, eff. June 19, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:8 - Information Collection.

362-F:8 Information Collection. –
I. No earlier than July 1 and no later than July 15 of each year, each provider of electricity shall submit a report to the department of energy, in a form approved by the department of energy, documenting its compliance with the requirements of this chapter for the prior year. The department of energy may investigate compliance and collect any information necessary to verify and audit the information provided to the department of energy by providers of electricity.
II. The department of energy shall adopt rules governing the reporting requirements under paragraph I that are designed to minimize the administrative costs and burden on electricity providers.
III. Beginning October 1, 2019 and by October 1 of each subsequent year, the department of energy shall disclose the information collected under paragraph I as public information in the department of energy annual report pursuant to RSA 362-F:10, IV. No information shall be disclosed to the public that is confidential as defined by department of energy or NEPOOL Generation Information System rules.
IV. The department of energy shall provide as part of the annual renewable energy fund report, pursuant to RSA 362-F:10, IV, renewable portfolio standard compliance costs and average electric rate impact; renewable energy certificate versus alternative compliance payments comparison; and alternative compliance payments by class and provider of electricity. The report shall also include the number of renewable energy certificates that were purchased during the prior compliance year by class.
V. The department of energy shall complete the rulemaking process and submit requests to the administrator of the NEPOOL Generation Information System that are necessary to implement this section no later than April 1, 2019.
Source.
2007, 26:2, eff. July 10, 2007. 2018, 288:1, eff. Aug. 24, 2018. 2021, 91:239, eff. July 1, 2021. 2023, 79:113, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:9 - Purchased Power Agreements.

362-F:9 Purchased Power Agreements. –
I. Upon the request of one or more electric distribution companies and after notice and hearing, the department of energy may authorize such company or companies to enter into multi-year purchase agreements with renewable energy sources for certificates, in conjunction with or independent of purchased power agreements from such sources, to meet reasonably projected renewable portfolio requirements and default service needs to the extent of such requirements, if it finds such agreements or such an approach, as may be conditioned by the department of energy, to be in the public interest.
II. In determining the public interest, the department of energy shall find that the proposal is, on balance, substantially consistent with the following factors:
(a) The efficient and cost-effective realization of the purposes and goals of this chapter;
(b) The restructuring policy principles of RSA 374-F:3;
(c) The extent to which such multi-year procurements are likely to create a reasonable mix of resources, in combination with the company's overall energy and capacity portfolio, in light of the energy policy set forth in RSA 378:37 and either the distribution company's integrated least cost resource plan pursuant to RSA 378:37-41, if applicable, or a portfolio management strategy for default service procurement that balances potential benefits and risks to default service customers;
(d) The extent to which such procurement is conducted in a manner that is administratively efficient and promotes market-driven competitive innovations and solutions; and
(e) Economic development and environmental benefits for New Hampshire.
III. The department of energy may authorize one or more distribution companies to coordinate or delegate procurement processes under this section.
IV. Rural electric cooperatives for which a certificate of deregulation is on file with the department of energy shall not be required to seek department of energy authorization for multi-year purchased power agreements or certificate purchase agreements under this section.
Source.
2007, 26:2, eff. July 10, 2007. 2021, 91:241, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:11 - Application.

362-F:11 Application. –
I. The department of energy, in a non-adjudicative process, shall certify the classification of an existing or proposed generation facility by issuing a determination within 45 days of receiving from an applicant sufficient information to determine its classification. The application shall contain the following:
(a) Name and address of applicant.
(b) Facility location, ISO-New England asset identification number, and NEPOOL GIS facility code, if available.
(c) Description of the facility, including fuel type, gross generation capacity, initial commercial operation date, and, in the case of a biomass source, NOx and particulate matter emission rates and a description of pollution control equipment or practices proposed for compliance with applicable NOx and particulate matter emission rates.
(d) Such other information as the applicant may provide to assist in determining the classification of the generating facility.
II. The department of energy shall certify applications of customer-sited sources in a manner that is compatible with the procedures established for recognizing such production under RSA 362-F:6, II.
III. Biomass facilities otherwise meeting the requirements of a source shall be conditionally certified by the department of energy subject to compliance with the applicable NOx and particulate matter emission standards. Within 10 days of verification of compliance with emissions standards from the department, as provided in RSA 362-F:12, III, the department of energy, in a non-adjudicative process, shall designate the facility as eligible pursuant to RSA 362-F:6, III.
IV. A biomass facility otherwise meeting the eligibility requirements of class III, but which as of January 1, 2012 was not an eligible biomass technology due to the inability to achieve the particulate matter emissions rate specified in RSA 362-F:2, VIII(a), may consult with the department and submit a plan to meet the alternative requirement under that paragraph. The plan shall contain reductions, in the aggregate or individually, in emissions from other emission sources and demonstrate that the reductions will be quantifiable. The department shall expeditiously review the plan and, if approved, provide such information it deems relevant to the department of energy. The application submitted under this section shall inform the department of energy of the plan and the department of energy shall certify the source in accordance with the plan approved by the department.
Source.
2007, 26:2, eff. July 10, 2007. 2012, 272:15, eff. June 19, 2012. 2021, 91:241, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:12 - Verification of Emissions From Biomass Sources.

362-F:12 Verification of Emissions From Biomass Sources. –
Any source seeking to qualify using an eligible biomass technology shall verify emissions in accordance with the following methods:
I. For nitrogen oxide emissions, the source shall install and operate a continuous emissions monitor that meets departmental standards as codified in rules.
II. For particulate matter emissions, the source shall conduct an annual stack test in accordance with methods approved by the department. Upon completion of 3 annual tests which demonstrate compliance, the source may request of the department for a decrease in the frequency of testing, but to not less than once every 3 years.
III. Each such source shall file with the department and the department of energy within 45 days of the end of each calendar quarter an affidavit and documentation attesting to the source's average NOx emission rate for such quarter and the most recent particulate matter stack test results. For purposes of initial certification under RSA 362-F:6, the results of a stack test may be filed with the department at any time to demonstrate compliance with both the particulate matter and nitrogen oxide emissions standards. Within 30 days of a filing, the department shall provide verification of the emissions reported in the filing to the department of energy.
Source.
2007, 26:2, eff. July 10, 2007. 2021, 91:241, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:13 - Rulemaking.

362-F:13 Rulemaking. –
The department of energy shall adopt rules, under RSA 541-A, to:
I. Administer the electric renewable portfolio standard program including the development of an alternative to the regional generation information system to the extent necessary.
II. Ascertain, monitor, and enforce compliance with the program to the extent not addressed in the department's rules.
III. Include within the program electric production not tracked by ISO-New England from eligible customer-sited sources.
IV. Administer the renewable energy fund and make expenditures from the fund.
V. Establish procedures for the classification of existing or proposed generation facilities, including a provision for a preliminary designation option, and to verify the completion of capital investments required of certain class I resources.
VI. Define when a repowered generation unit qualifies as a new class I source under RSA 362-F:4.
VI-a. Adopt procedures for the metering, verification, and reporting of useful thermal energy output.
VI-b. Establish procedures for the metering, verification, and reporting of useful thermal energy output for producers of biodiesel no later than December 31, 2017.
VII. Otherwise discharge the responsibilities delegated to the department of energy under this chapter.
VIII. The department may adopt rules, under RSA 541-A, to determine best management practices for qualifying renewable energy technologies producing useful thermal energy.
Source.
2007, 26:2, eff. July 10, 2007. 2012, 272:16, 17, eff. June 19, 2012. 2016, 122:2, eff. July 19, 2016. 2021, 91:241, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:14 - Phase-In for Existing Supply Contract Load.

362-F:14 Phase-In for Existing Supply Contract Load. –
The increases in the annual purchase percentages in RSA 362-F:3 as compared to those in effect as of January 1, 2012 shall apply to the electrical load under any electrical power supply contracts for a term of years entered into by providers of electricity prior to or on July 1, 2012, upon the expiration of the term of any such contract. Providers of electricity shall inform the department of energy no earlier than July 1 and no later than July 15 of each year of all such contracts and their terms, including, but not limited to the execution date and expiration date of the contract and the annual volume of electrical energy supplied.
Source.
2012, 272:18, eff. June 19, 2012. 2021, 91:241, eff. July 1, 2021. 2023, 79:114, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-F - Electric Renewable Portfolio Standard › Section 362-F:15 - Exemption Period for Certain Electrical Supply Contracts.

362-F:15 Exemption Period for Certain Electrical Supply Contracts. –
I. The increases in the annual purchase percentages in RSA 362-F:3 applicable to class II for 2018 and thereafter as compared to the class II annual purchase percentages in effect as of January 1, 2017, shall not apply to the megawatt-hours delivered during the contract term under any electrical power supply contract entered into before the effective date of this section, provided that the contract term in effect before such effective date has not been extended or otherwise increased after that date.
II. The change in the class III methane gas eligibility requirements in RSA 362-F:4, III(b) as compared to the class III methane gas eligibility requirements in effect as of January 1, 2017 shall not apply to class III methane gas certificates:
(a) Acquired pursuant to a contract entered into before the effective date of this section for the contract term, provided that the contract term in effect before such effective date has not been extended or otherwise increased after that date; or
(b) That are 2017 calendar year certificates issued before the first day of the first month of the calendar quarter following such effective date.
III. Providers shall inform the commission by July 1 of each year, through July 1, 2020, of all such exempted contracts, including but not limited to, the execution date and expiration date of the contract, the basis for exemption under this section, and if applicable, the annual megawatt-hours supplied and exempted, or the annual amount of exempted methane gas certificates and the basis for exemption. All such information filed with the commission shall be exempt from the provisions of RSA 91-A:5, IV.
Source.
2017, 226:11, eff. July 11, 2017.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-H - The Preservation and Use of Renewable Generation to Provide Fuel Diversity › Section 362-H:1 - Definitions.

362-H:1 Definitions. –
In this chapter:
I. "Adjusted energy rate" means 80 percent of the rate, expressed in dollars per megawatt-hour, resulting from the default energy rate minus, if applicable, the rate component for compliance with the renewable energy portfolio standards law, RSA 362-F, if that rate component is included in the approved default energy rate.
II. "Biomass" means plant-derived fuel including clean and untreated wood such as brush stumps, lumber ends and trimmings, wood pallets, bark, wood chips or pellets, shavings, sawdust and slash, agricultural crops, biogas, or liquid biofuels, but shall exclude any materials derived in whole or in part from construction and demolition debris.
III. "Commission" means the public utilities commission.
IV. "Default energy rate" means the default service energy rate applicable to residential class customers, expressed in dollars per megawatt-hour, as approved by the commission from time to time, and which is available to retail electric customers who are otherwise without an electricity supplier.
V. (a) "Eligible facility" means any facility which produces electricity for sale by the use, as a primary energy source, of biomass, or municipal solid waste; provided that: (1) the facility's power production capacity is not greater than 25 megawatts excluding station service needs; (2) the facility is interconnected with an electric distribution or transmission system located in New Hampshire; and (3) the facility began operation prior to January 1, 2006, or if the facility ceased operation and then later returned to service after that date then prior to January 1, 2006 the facility operated for at least 5 years regardless of the current operational status of the facility.
(b) "Eligible facility" shall not include: (1) any facility, while selling its electrical output at long-term rates established before January 1, 2007 by orders of the commission under RSA 362-A:4; and, (2) any municipal solid waste facility less than 10 megawatts in size and which was not in operation on January 1, 2018.
VI. "Primary energy source" means a fuel or fuels, or energy resource either singly or in combination, that comprises at least 90 percent of the total energy input into a generating unit. A fuel or energy source other than the primary fuel or energy source may be used only for start-up, maintenance, or other required internal needs of the facility.
Source.
2018, 379:2, eff. Sept. 13, 2018.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-H - The Preservation and Use of Renewable Generation to Provide Fuel Diversity › Section 362-H:4 - Definitions; Hydrogen Electricity Generation.

[RSA 362-H:4 repealed by 2023, 148:4, I, effective November 1, 2030.]
362-H:4 Definitions;  Hydrogen Electricity Generation. –
For purposes of RSA 362-H:3:
I. "Hydrogen" means hydrogen derived from a clean energy resource that uses water as the source of the hydrogen. For purposes of hydrogen electricity generation and hydrogen transmission, a hydrogen project may include associated clean energy generation, including regenerative fuel cells, transmission, and other infrastructure. Hydrogen electricity generation means a power plant technology in which an electrical generating unit creates electric power exclusively from electrolytic hydrogen, in a manner that produces zero carbon and co-pollutant emissions, using hydrogen fuel that is electrolyzed using a 100 percent zero carbon emission energy source. The term does not include hydrogen produced using steam reforming or any other conversion technology that produces hydrogen from fossil fuel feedstock.
II. "Hydrogen facility" means any combination of a physically connected generator or generators, associated prime movers, and other associated property, including appurtenant land and improvements and personal property, that are normally operated together to produce 20 average megawatts or more of electric power, in order to:
(a) Produce hydrogen through electrolysis technology;
(b) Store or transport hydrogen by means of a hydrogen pipeline for the transport or storage of hydrogen or a hydrogen storage system for the temporary storage of hydrogen in a vessel, pipeline, or geologic formation; or
(c) Convert hydrogen back to electricity through a hydrogen-capable power generation source.
III. "Regenerative fuel cell" means a device that produces hydrogen and oxygen from electricity and water and alternately produces electrical energy and water from stored hydrogen and oxygen.
Source.
2023, 148:2, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-I - Procurement of Renewable Natural Gas › Section 362-I:1 - Definitions.

362-I:1 Definitions. –
In this chapter:
I. "Biogas" means a mixture of carbon dioxide and hydrocarbons, primarily methane gas, released from the biological decomposition of organic materials.
II. "Biomass gasification" means a technology that uses a controlled process involving heat, steam, and oxygen to convert biomass fuels, as defined in RSA 362-F:2, II, to hydrogen and other products, including methane, without combustion.
III. "Carbon offsets" means carbon emissions or other greenhouse gas (GHG) emissions measured in metric tons that are avoided through the development of projects that reduce GHG emissions that would not have been developed otherwise.
IV. "Carbon oxides" means a class of organic compounds containing only carbon and oxygen, including carbon monoxide and carbon dioxide.
V. "Commission" means the New Hampshire public utilities commission.
VI. "Environmental attribute" means any credits, benefits, offsets or allowances, or words of similar import or regulatory effect, including allowances under all applicable trading, compliance, or budget programs, or any other federal, state, or regional emission, renewable energy, or energy conservation trading or budget program associated with renewable natural gas.
VII. "Gas utility" means a public utility providing gas service to customers under RSA 362:2.
VIII. "Incremental cost" means any value received by a gas utility upon the resale of renewable natural gas, including any environmental attributes associated with the renewable natural gas, and any savings achieved through avoidance of conventional gas purchases or development, such as avoided pipeline costs or carbon emission reduction costs, through avoidance of capacity costs or avoidance of any other costs to be realized from the procurement of renewable natural gas or qualified investment.
IX. "Qualified investment" means any capital investment in renewable natural gas infrastructure incurred by a gas utility for the purpose of providing gas service under this chapter.
X. "Renewable energy" means hydroelectric, geothermal, solar, wind, tidal, wave, biomass, and biogas energy.
XI. "Renewable natural gas" or "RNG" means any of the following products processed to meet pipeline quality standards or transportation fuel grade requirements, which may include environmental attributes derived from renewable natural gas or carbon offset products:
(a) Biogas that is upgraded to meet natural gas pipeline quality standards such that it may blend with, or substitute for, geologic natural gas;
(b) Fuel produced by biomass gasification processes;
(c) Hydrogen gas derived from clean energy; or
(d) Methane gas derived from any combination of biogas, hydrogen gas or carbon oxides derived from renewable energy, or waste carbon dioxide.
XII. "Renewable natural gas infrastructure" means equipment and facilities necessary to receive and inject renewable natural gas into the pipeline distribution system by a gas utility.
Source.
2022, 279:2, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 362-I - Procurement of Renewable Natural Gas › Section 362-I:2 - Procurement of Renewable Natural Gas and Investment in Renewable Natural Gas Infrastructure by Gas Utilities.

362-I:2 Procurement of Renewable Natural Gas and Investment in Renewable Natural Gas Infrastructure by Gas Utilities. –
I. The commission may approve, upon the filing of a petition by a gas utility, recovery of costs related to prudent utility procurement of renewable natural gas and any qualified investment, including the use of an associated cost recovery mechanism, if the commission determines that it is in the public interest to do so after notice and hearing pursuant to RSA 541-A.
II. Determination of the public interest under paragraph I shall include consideration of, and each utility filing pursuant to this chapter shall include a detailed description of, the following:
(a) The monetary benefits of the proposal to the utility customers and the state, such as the value of any environmental attributes or carbon offsets, relative to the incremental cost to gas utility customers necessary to achieve those benefits.
(b) The extent to which the proposal advances the objectives of the energy policy of the state under RSA 378:37, the state's 10-year energy strategy, or other state policy, including enhancing consumer choice and improving gas system resiliency through diversification of supply options.
III. All utilities that elect to purchase renewable natural gas shall conduct a competitive bidding process through requests for proposals (RFPs) for renewable natural gas supply and shall consult with the department of energy on all issues related to RFPs.
IV. In any given year, renewable natural gas shall not exceed 5 percent of a gas utility's total gas volume delivered. Unless approved by the department of energy, renewable natural gas contracts shall not exceed 15 years.
V. The department of energy, in consultation with the utilities, shall study each utility's renewable natural gas contracts. Said study shall begin within 3 years of the effective date of this chapter. The study shall include, but not be limited to market terms, price, conditions, availability, service quality, economic benefits to participating and non-participating customers, and job creation as a result from the utility's use of renewable natural gas. The department of energy shall generate and deliver a report on their findings to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, and the public utilities commission. The cost of this study shall be funded by a special assessment upon the utility or utilities purchasing renewable natural gas and the commission shall approve the utilities' recovery of costs related to said study.
VI. Nothing in this chapter shall require a gas utility to initiate a proceeding with the commission pursuant to this chapter, and nothing in this chapter shall relieve the utility from demonstrating the prudence of contracts entered into prior to cost recovery from customers in permanent rates.
Source.
2022, 279:2, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:1 - Commission; Term.

363:1 Commission;  Term. –
There shall be a public utilities commission, which shall be an independent agency administratively attached to the department of energy pursuant to RSA 21-G:10. The chair of the commission shall have the powers and duties set forth in RSA 21-G:9. The commission shall be composed of 3 commissioners who shall be full-time employees and who shall engage in no other gainful employment during their terms as members. Their term of office shall be for 6 years. Of the 3 commissioners, one shall be an attorney and a member of the New Hampshire Bar and one shall have either background or experience or both in one or more of the following: engineering, economics, accounting or finance.
Source.
1911, 164:2. PL 237:1. RL 286:1. 1951, 203:10 par. 1. RSA 363:1. 1979, 494:1. 2007, 156:11, eff. Aug. 17, 2007. 2021, 91:204, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:2 - Present Commissioners.

363:2 Present Commissioners. –
The members of the public utilities commission in office on August 1, 1979, shall continue in office as public utilities commissioners for the balance of their respective terms. Any member appointed prior to January 1, 1979, shall not be required to be a full-time employee and may engage in other gainful employment during his term of office.
Source.
1951, 203:65. RSA 363:2. 1979, 494:2, eff. Aug. 1, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:3 - Appointment.

363:3 Appointment. –
In each odd numbered year, the governor, with the advice and consent of the council following a public hearing before the council, shall appoint one commissioner to take office on July 1 of that year. Vacancies shall be filled in like manner for the unexpired term.
Source.
1911, 164:2. PL 237:2. RL 286:2. 1951, 203:10 par. 2. 1999, 131:1, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:4 - Chairman.

363:4 Chairman. –
The chairman of the commission shall be appointed and commissioned as such and shall be the administrative head of the agency.
Source.
1911, 164:2. PL 237:3. RL 286:3. 1951, 203:10 par. 3. RSA 363:4. 1989, 240:3, eff. July 23, 1989.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:5 - Disqualification.

363:5 Disqualification. –
No person who owns stock in, or is employed by or otherwise pecuniarily interested in any public utility in this state, or any affiliate thereof, shall be appointed upon said commission.
Source.
1911, 164:2. PL 237:4. RL 286:4. 1951, 203:10 par. 4, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:6 - After Appointment.

363:6 After Appointment. –
If, after his appointment, any commissioner shall voluntarily become interested pecuniarily in any such public utility, or affiliate, he shall be removed by the governor and council, and if he shall become so interested otherwise than voluntarily, and shall not within a reasonable time thereafter divest himself of such interest, he shall be so removed.
Source.
1911, 164:2. PL 237:5. RL 286:5. 1951, 203:10 par. 5, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:7 - Removal.

363:7 Removal. –
The governor and council may at any time remove any commissioner for inefficiency, neglect of duty or malfeasance in office; but no commissioner shall be removed without a hearing after notice in writing of the charges against him.
Source.
1911, 164:2. PL 237:6. RL 286:6. 1951, 203:10 par. 6, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:8 - Prohibited Service.

363:8 Prohibited Service. –
No member of the commission shall render any professional service for any public utility in this state, or any affiliate thereof, or act as attorney or render professional service against any such public utility or affiliate; nor shall he be a member of a firm which renders any such service; nor shall he directly or indirectly be a party to any contract with any such public utility, except a contract for the transportation of telephone or telegraph messages, or a contract for the purchase of water, gas or electricity or for other similar service.
Source.
1911, 164:2. PL 237:7. RL 286:7. 1951, 203:10 par. 7. RSA 363:8. 1985, 402:16.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:9 - Other Offices Prohibited.

363:9 Other Offices Prohibited. –
No commissioner shall hold any national or other state office of profit except the office of justice of the peace or notary public.
Source.
1911, 164:2. PL 237:8. RL 286:8. 1951, 203:10 par. 8, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:10 - Violation of Provisions.

363:10 Violation of Provisions. –
If any commissioner shall violate any provision of RSA 363:8 or 363:9, he may be removed by the governor and council.
Source.
1911, 164:2. PL 237:9. RL 286:9. 1951, 203:10 par. 9, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:11 - Compensation.

363:11 Compensation. –
Each commissioner shall receive the annual salary prescribed by RSA 94:1-a, and reasonable expenses, including transportation, subject to the approval of the governor and council.
Source.
1911, 164:2. 1913, 145:2. 1921, 118:1. PL 237:10. 1927, 124:1. 1931, 149:1. RL 286:10. 1951, 203:10 par. 10. 1953, 265:1, eff. July 1, 1953.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:12 - Ethical Conduct Required.

363:12 Ethical Conduct Required. –
In addition to any other type of behavior or activity of a commissioner that is proscribed by RSA 363, a commissioner shall conduct himself and his affairs in accordance with a code of ethics that shall include, but not be limited to, the following elements:
I. Avoidance of impropriety and the appearance of impropriety in all his activities;
II. Performance of his duties impartially and diligently;
III. Avoidance of all ex parte communications concerning a case pending before the commission;
IV. Abstention from public comment about a matter pending before the commission and require similar abstention on the part of commission personnel;
V. Require staff and personnel, subject to commission direction, to observe the standards of fidelity and diligence that apply to the commissioners;
VI. Initiate appropriate disciplinary measures against commission personnel for unprofessional conduct;
VII. Disqualify himself from proceedings in which his impartiality might be reasonably questioned;
VIII. Inform himself about his personal and fiduciary interests and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children;
IX. Regulate his extracurricular activities to minimize the risk of conflict with his official duties;
X. Refrain from solicitation of funds for any political purpose although a commissioner may be listed as an officer, director, trustee of such organizations; and
XI. Refrain from financial or business dealings which would tend to reflect adversely on his impartiality, although he may hold investments which do not come under the purview of his regulatory responsibilities, such as a family business.
Source.
1911, 164:2. 1913, 145:3. PL 237:11. 1935, 115:1. RL 286:11. 1951, 203:10 par. 11. RSA 363:12. 1979, 494:3, eff. Aug. 1, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:12-a - Certain Speeches Authorized.

363:12-a Certain Speeches Authorized. –
A commissioner may speak, write or lecture concerning the regulatory process in New Hampshire but shall be reimbursed only for actual expenses incurred therein.
Source.
1979, 494:3, eff. Aug. 1, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:12-b - Prohibition on Future Employment.

363:12-b Prohibition on Future Employment. –
No commissioner, or former executive director, finance director, or general counsel of the commission shall accept any employment with any utility under the control of the commission until one year after he or she shall become separated from the commission.
Source.
1979, 494:3. 2001, 237:3, eff. July 1, 2001. 2021, 91:206, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:13 - Documents.

363:13 Documents. –
Any record, order, certificate, or other process, document, or paper, issued or made by the commission may be signed by such member of the staff as the commission may authorize for such purpose.
Source.
1911, 164:2. 1913, 145:6. 1915, 99:2. 1917, 76:2. 1921, 118:2. 1925, 179:1. PL 237:13. 1935, 115:1. RL 286:12. 1951, 203:10 par. 12, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:14 - Seal.

363:14 Seal. –
The commission shall have an official seal in such form as the commission may prescribe, and all copies of official documents and orders filed or deposited with or made by said commission, duly certified and authenticated by said seal, shall be received in evidence in any court in like manner as originals.
Source.
1911, 164:2. PL 237:14. RL 286:13. 1951, 203:10 par. 13, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:15 - Office.

363:15 Office. –
The commission shall be provided with an office in which its records, documents and books shall be kept, and with a suitable room in which it may hold hearings.
Source.
1911, 164:2. PL 237:15. RL 286:14. 1951, 203:10 par. 14, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:16 - Quorum.

363:16 Quorum. –
A majority of the commission shall constitute a quorum to issue orders, and any hearing may be held or conducted by 2 commissioners or by a single commissioner.
Source.
1911, 164:2. PL 237:16. RL 286:15. 1951, 203:10 par. 15. RSA 363:16. 1989, 240:5, eff. July 23, 1989. 2021, 91:207, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:17 - Request for Full Commission.

363:17 Request for Full Commission. –
No hearing, except in accident cases, shall be held or conducted by a single commissioner if any party whose interests may be affected shall, 5 days before the date of hearing, file a request in writing that the same be held or conducted by the full commission, or a majority thereof. If no such request is filed, the commission may assign one of its members or appoint a qualified member of its staff as examiner to hear the parties, report the facts, and make recommendations to the commission.
Source.
1913, 145:4. 1915, 99:1, 2. PL 237:17. RL 286:16. 1951, 203:10 par. 16, eff. Sept. 1, 1951. 2021, 91:208, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 363 - The Public Utilities Commission › Section 363:17-a - Commission as Arbiter.

363:17-a Commission as Arbiter. –
The commission shall be the arbiter between the interests of the customer and the interests of the regulated utilities as provided by this title and all powers and duties provided to the commission by RSA 363 or any other provisions of this title shall be exercised in a manner consistent with the provisions of this section.
Source.
1979, 494:4, eff. Aug. 1, 1979.