reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:1 - Definitions.

374-D:1 Definitions. –
For the purposes of this chapter:
I. "Bond" or "note" means a bond or note or other evidence of indebtedness issued under this chapter by a municipality, the payment of principal or interest of which is secured by the revenues derived from a small scale power facility, the full faith and credit and taxing power of such municipality, or any combination thereof.
II. "Governing board" means the selectmen of a town, and the commissioners or comparable officers of a county or village district.
III. "Municipality" means any county, city, town, or village district within the state.
IV. "Small scale power facility" or "facility" means a facility which produces electrical energy solely by the use, as a primary energy source, of biomass, waste, geothermal energy, renewable resources including but not limited to the flow of water, or any combination thereof and which has a rated capacity of not more than 80 megawatts. Such facility shall include all other equipment and structures designed to generate, distribute, and transmit electrical energy either to or from such facility.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:2 - Powers.

374-D:2 Powers. –
Municipalities may design, develop, acquire, and construct small scale power facilities at sites owned or leased by them or otherwise made available to them for a period at least equal to the term of any financing undertaken under this chapter. Municipalities may operate, or may enter into contracts for the operation of, such facilities on such terms and conditions as the governing board may determine. Power produced by such facilities may be transmitted and distributed by a municipality to any user of power or to any public utility, at such price and on such terms and conditions as may be agreed to by the governing board.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:3 - Authorization and Issuance of Bonds.

374-D:3 Authorization and Issuance of Bonds. –
I. Any municipality, when authorized by a 2/3 vote as prescribed in RSA 33, may borrow money through the issuance of bonds or notes to finance the design, development, and acquisition or construction costs, or its share of such costs, of a small scale power facility. Such costs to be financed may include the costs of all equipment necessary for the production, distribution, and transmission of electrical energy, the cost of the site of such facility, if acquired, or any lease payments required to be made before placing the facility in operation, costs for structures housing such equipment, costs for fish passageways and other measures to mitigate environmental or recreational damage, interest charges accruing before, during, and for a reasonable period after the construction of such facility, such reserves for debt service or other capital or current expenses as may be required by a trust agreement or resolution securing such notes or bonds, and all other expenses incidental to the determination of the feasibility of any small scale power facility or to the acquisition, construction, and placing of such facility in operation, or the issuance of bonds or notes to finance it.
II. The vote under which bonds or notes are authorized shall state whether the principal and interest thereon is to be secured by the revenues derived from the facility or the full faith and credit and taxing power of the municipality, or both.
III. The bonds or notes issued under this chapter may be in term or serial form, may mature at any time or times not exceeding 50 years from the date of issue, and may be made redeemable before maturity with or without premiums. The provisions of RSA 33:2 shall not apply to bonds issued under this chapter. All signatures required to be on such bonds or notes may be either manual or by facsimile. Such bonds or notes shall bear the seal of the municipality or a facsimile of such seal.
IV. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or notes issued under this chapter shall cease to be such officer before the delivery of such bonds or notes, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office, until after such delivery.
V. The bonds may be issued in registered or bearer form and may contain provisions for exchanging one form for the other. Subject to this chapter and the authorizing vote, the municipality may sell the bonds in such manner, either at public or private sale, for such price as the governing board may determine will best effect the purpose of this chapter.
VI. Prior to the preparation of definitive bonds, the municipality may issue interim receipts or temporary bonds exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:4 - Notes.

374-D:4 Notes. –
In anticipation of the issuance of bonds under this chapter, a municipality may issue notes under RSA 33:7-a in the manner provided, except that such notes shall be payable within 8 years from their respective dates, and the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issue of other notes under this chapter. Such notes, except as they may be renewed or refunded under this chapter, shall be payable only from such sources as the vote authorizing the bonds may specify. Unless otherwise provided in the authorizing vote, the municipality may cause notes to be refunded to the extent provided in this chapter.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:6 - Investment of Proceeds.

374-D:6 Investment of Proceeds. –
Subject to any applicable trust agreement or resolution, the proceeds of bonds or notes issued under this chapter and any moneys governed by a trust agreement or resolution may be deposited or invested in demand deposits, time deposits, or savings deposits in banks which are members of the Federal Deposit Insurance Corporation or in obligations issued or guaranteed by the United States, or by any agency or instrumentality of the United States, or as may be provided by any other applicable law.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:7 - Bonds and Notes Payable Solely From Certain Funds.

374-D:7 Bonds and Notes Payable Solely From Certain Funds. –
If bonds and notes are issued under this chapter which are not secured by the full faith and credit and the taxing power of the municipality, such bonds or notes shall be payable solely from the funds provided for such bonds and notes under this chapter. The liability of the municipality from other funds is limited to obligations undertaken by the municipality to pay for the electricity used by the municipality, and a statement to this effect shall be included on the face of such bonds and notes.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:8 - Remedies.

374-D:8 Remedies. –
Any holder of bonds or notes issued under this chapter, and the trustee under a trust agreement or resolution securing such bonds or notes, except to the extent the rights given in this chapter may be restricted by such trust agreement or resolution, may bring suit upon the bonds or notes and may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce all rights under the laws of the state or granted under this chapter or under such trust agreement or resolution, and may enforce and compel the performance of duties required by this chapter or by such trust agreement or resolution to be performed by the municipality or by any of its officers.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:9 - Bonds and Notes Eligible for Investment.

374-D:9 Bonds and Notes Eligible for Investment. –
Bonds and notes issued under this chapter are securities in which all public officers and public bodies of the state and its political subdivisions, the New Hampshire municipal bond bank, all insurance companies, trust companies, banking associations, credit unions, building and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, and pension, profit-sharing, and retirement funds may properly invest funds, including capital in their control or belonging to them. Such bonds and notes are securities which may properly be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter be authorized by law.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:10 - Tax Exemption.

374-D:10 Tax Exemption. –
The bonds and notes issued under this chapter, their transfer and the income from them, including any profit made on their sale, shall at all times be free from taxation within the state, excepting only inheritance, estate, and gift tax.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:11 - Revenue Refunding Bonds.

374-D:11 Revenue Refunding Bonds. –
Any municipality having bonds outstanding under this chapter, when authorized by a 2/3 vote as prescribed in RSA 33, may issue refunding bonds for the purpose of paying bonds issued by or on its behalf, at maturity or upon acceleration or redemption. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of and any redemption premium on the bonds being refunded, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by a trust agreement or resolution securing bonds or notes. The issue of refunding bonds, the maturities and other details of them, the security for them, the rights of the holders of them, and the rights, duties, and obligations of the municipality with respect to them shall be governed by the provisions of this chapter relating to the issue of bonds other than refunding bonds insofar as the same may be applicable, provided that the period from initial issuance of a series of bonds or notes until the final maturity of any refunding issue shall not exceed 50 years.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:12 - No Other Proceedings Required; Issuance of Bonds or Notes Under Authority Not Precluded.

374-D:12 No Other Proceedings Required;  Issuance of Bonds or Notes Under Authority Not Precluded. –
Bonds and notes may be issued under this chapter without the consent of any department, division, commission, or agency of the state or of any of its political subdivisions and without any proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specifically required by this chapter. The provisions of this chapter authorizing the issue of bonds and notes shall not be deemed to preclude the issue of bonds and notes under any other authority.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-D - Municipal Small Scale Power Facility Bonds › Section 374-D:13 - Severability.

374-D:13 Severability. –
If any provision of this chapter or the application of such provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source.
1981, 545:6, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:1 - Title.

374-E:1 Title. –
This chapter shall be known as the "New Hampshire Municipal Bond Bank Small Scale Power Facility Act."
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:2 - Declaration of Purpose.

374-E:2 Declaration of Purpose. –
It is hereby declared to be in the public interest and to be the policy of the state to foster and to promote, by all reasonable means, the provision of adequate markets and facilities for the borrowing of money by municipalities for the financing of small scale power facilities from proceeds of bonds or notes issued by such municipalities, and to assist such municipalities in fulfilling their needs for such purposes by creation of indebtedness and to the extent possible to encourage continued investor interest in the bonds or notes of such municipalities as sound and preferred securities for investment. It is in the public interest and it is the policy of the state to encourage its municipalities to pursue their independent development of electric power and the financing of small scale power facilities for the production of electric power and to assist them by making funds available at reduced interest costs for orderly financing of such facilities, particularly for those municipalities not otherwise readily able to borrow for such purposes at reasonable rates of interest. It is further declared that credit and municipal bond market conditions require the exercise of the powers of the state in the interest of its municipalities to further and implement such policies by authorizing the New Hampshire municipal bond bank, established under RSA 35-A, to create a separate division having full powers to borrow money and to issue its bonds and notes to make funds available at reduced rates and on more favorable terms for borrowing by such municipalities through the purchase by such division of the municipal small scale power facility bonds and notes of such municipalities in fully marketable form and by granting broad powers to such division to accomplish and to carry out these policies of the state which are in the public interest of the state and of its taxpayers and residents.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:3 - Definitions.

374-E:3 Definitions. –
The following words or terms as used in this chapter shall have the following meanings, unless a different meaning clearly appears from the context:
I. "This chapter" means this New Hampshire municipal bond bank small scale power facility act.
II. "Bond bank" means the New Hampshire municipal bond bank created and established under RSA 35-A.
III. "Bonds" means bonds of the division issued under this chapter.
IV. "Bondholder" or "noteholder" or any similar term when used about a bond or note of the division means any person who shall be the bearer of any outstanding bond or note of the division registered to bearer or not registered, or the registered owner of any outstanding bond or note of the division which shall at the time be registered other than to bearer.
V. "Division" means the New Hampshire municipal bond bank-small scale power facility division created and established under RSA 374-E:4.
VI. "Fully marketable form" means a municipal security duly executed and accompanied by an approving legal opinion of a bond counsel of recognized standing in the field of municipal law whose opinions have been and are accepted by purchasers of like municipal bonds, provided that the municipal security so executed need not be printed or lithographed nor be in more than one denomination.
VII. "Small scale power facility bond general fund" means the fund of the division created or established as provided in RSA 374-E:12.
VIII. "Small scale power facility bond reserve fund" means any bond reserve fund of the division created or established as provided in RSA 374-E:11.
IX. "Municipality" means any county, city, town, or village district within the state or other body corporate and politic having the power to issue its bonds or notes on behalf of any of the foregoing.
X. "Municipal small scale power facility bond" means a bond or note or other evidence of indebtedness issued by a municipality under RSA 374-D.
XI. "Notes" means any notes of the division issued under this chapter.
XII. "Revenues" means all fees, charges, moneys, profits, payments of principal of or interest on municipal small scale power facility bonds and other investments, gifts, grants, contributions, appropriations, and all other income derived or to be derived by the division under this chapter.
XIII. "State" means the state of New Hampshire.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:4 - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division Established.

374-E:4 New Hampshire Municipal Bond Bank-Small Scale Power Facility Division Established. –
I. There is hereby established a separate division of the bond bank to be known as the small scale power facility division. In addition to all powers granted to the bond bank by RSA 35-A, the bond bank, by virtue of the powers granted to the division under this chapter, shall have, when acting through the division, all such powers granted to the division. The establishment of the division shall not in any way affect the bond bank's legal existence separate from the state nor shall either the bond bank or the division constitute a department or agency of the state. The division is hereby constituted as an instrumentality exercising public and essential governmental functions.
II. The division shall continue to exist until terminated by law; provided, however, that no such law shall take effect so long as the division shall have outstanding bonds, notes and other obligations issued under this chapter, unless adequate provision has been made for their payment. Upon termination of the division, all its rights and properties shall pass to and be vested in the state. No net earnings of the division may inure to the benefit of any person, entity, or body other than the state.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:5 - Lending and Borrowing Powers Generally; State Not Liable.

374-E:5 Lending and Borrowing Powers Generally;  State Not Liable. –
I. The bond bank acting by and through the division, for the purposes authorized by this chapter, may lend money to municipalities for the purpose of financing the construction and development of small scale power facilities through the purchase by the division of municipal small scale power facility bonds of municipalities in fully marketable form. The bond bank, for the purposes authorized by this chapter, may authorize and issue bonds and notes of the division payable solely from the revenues or funds available to the division for such bonds and notes, and otherwise assist municipalities as provided in this chapter.
II. The bonds and notes of the division issued under this chapter shall not be a debt or liability of the state, but shall be payable solely from those revenues or funds of the division pledged or available for their payment as authorized in this chapter. Each bond and note shall contain on its face a statement to the effect that the bond bank is obligated to pay the principal of and the interest on such bond or note only from the pledged revenues or funds of the division, that the state is not obligated to pay such principal or interest, and that neither the faith and credit nor the taxing power of the state is pledged to payment of such principal or interest.
III. All expenses incurred in carrying out the provisions of this chapter shall be payable solely from revenues or funds provided or to be provided under this chapter and nothing in this chapter shall be construed to authorize the division or the bond bank to incur any indebtedness or liability on behalf of or payable by the state.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:7 - Prohibited Acts.

374-E:7 Prohibited Acts. –
Nothing contained in this chapter shall be construed to authorize or to empower the division:
I. To make loans of money to any person, firm, or corporation other than a municipality, or to purchase securities issued by any person, firm, or corporation other than a municipality, or for investment, except as provided in this chapter;
II. To emit bills of credit, to accept deposits of money for time or demand deposit, to administer trusts, to engage in any form or manner in, or in the conduct of, any private or commercial banking business, or to act as a savings bank or savings and loan association;
III. To be or to constitute any bank or trust company within the jurisdiction or under the control of the bank commissioner, or the Comptroller of the Currency or the Department of the Treasury of the United States of America; or
IV. To be or to constitute any bank, banker, or dealer in securities within the meaning of or subject to the provisions of any securities law, securities exchange, or securities dealers law of the United States of America, this state, or any other state.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:10 - Effect of Pledge.

374-E:10 Effect of Pledge. –
Any pledge of revenues or other moneys made by the division shall be valid and binding from the time when the pledge is made. The revenues or other moneys so pledged and thereafter received by the division shall immediately be subject to the lien of such pledge without any physical delivery of such revenues or moneys or further act and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the division, irrespective of whether such parties have notice of such lien. Neither the resolution, trust indenture, nor any other instrument by which a pledge is created need be filed or recorded in order to establish and perfect a lien or security interest in the property so pledged.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:12 - General Fund.

374-E:12 General Fund. –
I. The bond bank shall establish and maintain in and for the division a fund called the "small scale power facility bond general fund" which shall consist of and in which there shall be deposited:
(a) Fees received or charges made by the division for use of its services or facilities;
(b) Any moneys which the division shall transfer from any small scale power facility bond reserve fund under RSA 374-E:11, III;
(c) Moneys received by the division as payment of principal of or interest on municipal small scale power facility bonds purchased by the division, proceeds of sale of any municipal small scale power facility bonds purchased by the division, proceeds of sale of any municipal small scale power facility bonds or other investment of the division, or proceeds of sale of bonds or notes of the division and required under the terms of any resolution of the division or contract with the holders of its bonds or notes to be deposited in such fund;
(d) Any moneys required under the terms of a resolution of the division or contract with the holders of its bonds or notes to be deposited in such fund; and
(e) Any moneys transferred to such fund from any other fund or made available for the purpose of the fund by the state or for the operating expenses of the division.
Any such moneys in the small scale power facility general fund may, subject to any contracts between the division and its holders of bonds or notes issued under this chapter, be transferred to any small scale power facility bond reserve fund, or if not so transferred, may be used for the payment of the principal of or interest on bonds or notes of the division when they shall become due and payable, whether at maturity or upon redemption, including payment of any premium upon redemption before maturity. Any moneys in the small scale power facility general fund may be used for the purchase of municipal small scale power facility bonds and for all other purposes of the division, including payment of its operating expenses.
II. No amount shall be paid or expended out of the small scale power facility general fund or from any account in such fund for operating expenses of the division in any year, in excess of the amount provided for the operating expenses of the division by the annual budget then in effect with respect to such year or any amendment of such budget in effect at the time of such payment or expenditure for operating expenses.
III. The bond bank may create and establish for the division in the small scale power facility general fund such accounts, subaccounts, or special accounts which, in the opinion of the division, are necessary, desirable, or convenient for its purposes under this chapter.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:13 - Additional Reserves and Funds.

374-E:13 Additional Reserves and Funds. –
The bond bank may establish in and for the division such additional and further reserves or other funds or accounts as may be, in the division's discretion, necessary, desirable, or convenient to further the purposes of the division or to comply with any agreement or resolution of the division.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:14 - Other Provisions.

374-E:14 Other Provisions. –
The provisions of RSA 35-A:15-24, 26-33, and 35, as amended from time to time, shall apply to the division, its bonds or notes issued under this chapter, municipal small scale power facility bonds, and all other aspects of the powers and operations of the division under this chapter as if such sections were set forth in this section with such changes as to make them fully applicable to the provisions of this chapter.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:15 - Conflicts in Statutes.

374-E:15 Conflicts in Statutes. –
It is the intent of the legislature that in the event of any conflict or inconsistency in the provisions of this chapter and any other chapters pertaining to matters established or provided for in this chapter or in any rules adopted under this chapter or said other chapters, to the extent of such conflict or inconsistency, the provisions of this chapter shall be enforced and the provisions of such other chapters and the rules adopted under such other chapters shall be of no force and effect.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:16 - Liberal Construction.

374-E:16 Liberal Construction. –
This chapter shall be construed liberally to effect the legislative intent and the purposes of the chapter as complete and independent authority for the performance of each and every act and thing authorized in this chapter and all powers granted in this chapter shall be broadly interpreted to effect such intent and purposes and not as a limitation of powers.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-E - New Hampshire Municipal Bond Bank-Small Scale Power Facility Division › Section 374-E:17 - Severability.

374-E:17 Severability. –
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.
Source.
1981, 545:7, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-F - Electric Utility Restructuring › Section 374-F:1 - Purpose.

374-F:1 Purpose. –
I. The most compelling reason to restructure the New Hampshire electric utility industry is to reduce costs for all consumers of electricity by harnessing the power of competitive markets. The overall public policy goal of restructuring is to develop a more efficient industry structure and regulatory framework that results in a more productive economy by reducing costs to consumers while maintaining safe and reliable electric service with minimum adverse impacts on the environment. Increased customer choice and the development of competitive markets for wholesale and retail electricity services are key elements in a restructured industry that will require unbundling of prices and services and at least functional separation of centralized generation services from transmission and distribution services.
II. A transition to competitive markets for electricity is consistent with the directives of part II, article 83 of the New Hampshire constitution which reads in part: "Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it." Competitive markets should provide electricity suppliers with incentives to operate efficiently and cleanly, open markets for new and improved technologies, provide electricity buyers and sellers with appropriate price signals, and improve public confidence in the electric utility industry.
III. The following interdependent policy principles are intended to guide the New Hampshire public utilities commission and the department of energy in implementing a statewide electric utility industry restructuring plan, in establishing interim stranded cost recovery charges, in approving each utility's compliance filing, in streamlining administrative processes to make regulation more efficient, and in regulating a restructured electric utility industry. In addition, these interdependent principles are intended to guide the New Hampshire general court and the department of environmental services and other state agencies in promoting and regulating a restructured electric utility industry.
Source.
1996, 129:2, eff. May 21, 1996. 2021, 91:279, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-F - Electric Utility Restructuring › Section 374-F:4-a - Repealed by 2015, 148:2, eff. Nov. 1, 2015.

374-F:4-a Repealed by 2015, 148:2, eff. Nov. 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-F - Electric Utility Restructuring › Section 374-F:4-b - Ratepayer Protection.

374-F:4-b Ratepayer Protection. –
I. Within 60 days of the effective date of this section, the commission shall initiate a proceeding to develop rules to allow residential and small commercial customers to choose how they receive communication from competitive electric suppliers and to implement the provisions of this section. Where the commission has adopted rules in conformity with this section, complaints to and proceedings before the commission shall not be subject to RSA 541-A:29 or RSA 541-A:29-a.
II. The department of energy shall enable residential and small commercial customers to compare standard pricing policies and charges and to require competitive electric suppliers to input such information on the department's website. Such information shall be input no less frequently than once per month, unless there is no change in such information.
III. The department of energy shall review its website every 2 years and ensure that the site remains an efficient tool for the comparison of pricing policies and charges among competitive electric suppliers.
IV. Unless the contract specifies a month-to-month variable rate, no competitive electric supplier shall charge a residential customer a variable rate, including during a contract term or following the expiration of a contract, without first providing written notification in a form approved by the department of energy of the nature of such variable rate 45 days prior to the commencement of the variable rate. The residential customer shall select the method of written notification at the time the contract is signed. Such customer shall have the option to change the method of notification at any time during the contract.
V. Competitive electric suppliers shall retain records of any of the notices required in this section for a period of not less than 2 years and shall make such records available to the department of energy upon its request.
Source.
2015, 268:1, eff. July 20, 2015. 2018, 279:19, eff. Jan. 1, 2019. 2021, 91:282, eff. July 1, 2021. 2022, 245:28, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-F - Electric Utility Restructuring › Section 374-F:5 - Repealed by 2022, 137:5, I, eff. Aug. 6, 2022.

374-F:5 Repealed by 2022, 137:5, I, eff. Aug. 6, 2022. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-F - Electric Utility Restructuring › Section 374-F:6 - Repealed by 2022, 137:5, II, eff. Aug. 6, 2022.

374-F:6 Repealed by 2022, 137:5, II, eff. Aug. 6, 2022. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-F - Electric Utility Restructuring › Section 374-F:8 - Participation in Regional Activities.

374-F:8 Participation in Regional Activities. –
The department shall advocate for New Hampshire interests before the Federal Energy Regulatory Commission and other regional and federal bodies. The commission shall participate in the activities of the New England Conference of Public Utility Commissioners, and the National Association of Regulatory Utility Commissioners as the New Hampshire member agency, and the department shall participate in the activities of the New England States Committee on Electricity, or other similar organizations as the New Hampshire member agency, and work with the New England Independent System Operator and NEPOOL to advance the interests of New Hampshire with respect to wholesale electric issues, including policy goals relating to fuel diversity, renewable energy, and energy efficiency, and to assure nondiscriminatory open access to a safe, adequate, and reliable transmission system at just and reasonable prices. Employees of the commission and the department are not otherwise prohibited from participating in the activities of the aforementioned organizations in which the other agency has the lead role. The department shall advocate against proposed regional or federal rules or policies that are inconsistent with the policies, rules, or laws of New Hampshire. In its participation in regional activities, the commission and the department shall consider how other states' policies will impact New Hampshire rates and work to prevent or minimize any rate impact the commission or department determines to be unjust or unreasonable.
Source.
2001, 29:7. 2007, 364:2, eff. July 17, 2007. 2018, 376:1, eff. Oct. 2, 2018. 2021, 91:284, eff. July 1, 2021. 2022, 245:30, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-F - Electric Utility Restructuring › Section 374-F:9 - Investments by Electric Distribution Companies in Natural Gas.

374-F:9 Investments by Electric Distribution Companies in Natural Gas. –
An electric distribution company shall not engage in the acquisition of natural gas capacity or supply, or purchase interests in natural gas infrastructure or the siting thereof, at the expense or financial risk of its ratepayers.
Source.
2019, 94:2, eff. Aug. 18, 2019.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-G - Electric Utility Investment in Distributed Energy Resources › Section 374-G:1 - Purpose.

374-G:1 Purpose. –
Distributed energy resources can increase overall energy efficiency and provide energy security and diversity by eliminating, displacing, or better managing traditional fossil fuel energy deliveries from the centralized bulk power grid, in keeping with the objectives of RSA 362-F:1. It is therefore in the public interest to stimulate investment in distributed energy resources in New Hampshire in diverse ways, including by encouraging New Hampshire electric public utilities to invest in renewable and clean distributed energy resources at the lowest reasonable cost to taxpayers benefiting the transmission and distribution system under state regulatory oversight.
Source.
2008, 373:1, eff. Sept. 9, 2008. 2013, 40:1, eff. Aug. 3, 2013.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-G - Electric Utility Investment in Distributed Energy Resources › Section 374-G:2 - Definitions; Exclusions.

374-G:2 Definitions;  Exclusions. –
I. The following definitions shall apply in this chapter except as otherwise provided:
(a) "Commission" means the public utilities commission.
(b) "Distributed energy resources" means energy storage, electric generation equipment including clean and renewable generation, energy efficiency, demand response, load reduction or control programs, or technologies or devices located on or interconnected to the local electric distribution system for purposes including but not limited to reducing line losses, supporting voltage regulation, or peak load shaving, as part of a strategy for minimizing transmission and distribution costs as provided in RSA 374-F:3, III.
(c) "Electric generation equipment" means devices that produce electric power from sources of primary energy.
(d) "Primary energy" means an energy form found in nature that has not been subject to any human engineered conversion process including wind energy, solar energy, biomass, biofuels, geothermal energy, oil, natural gas, nuclear, hydro, and coal.
II. (a) "Distributed energy resources" in this chapter shall exclude electric generation equipment interconnected with the local electric distribution system at a single point or through a customer's own electrical wiring that is in excess of 5 megawatts.
(b) Any "electric generation equipment" that qualifies as energy storage as defined in RSA 374-H:1, III shall not be subject to any of the requirements of RSA 374-G:3.
Source.
2008, 373:1, eff. Sept. 9, 2008. 2021, 228:2, Pt. I, Sec. 2, eff. Oct. 25, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-G - Electric Utility Investment in Distributed Energy Resources › Section 374-G:3 - Electric Generation Equipment Funded by Public Utility; Requirements.

374-G:3 Electric Generation Equipment Funded by Public Utility;  Requirements. –
Any electric generation equipment funded in part by a public utility under this chapter is subject to the following requirements:
I. The energy produced by electric generation equipment owned by the public utility shall be used to benefit low-income customers, with such benefit as determined by the commission, as an offset to distribution system losses or the public utility company's own use, or any other use as approved by the commission;
II. The energy produced by electric generation equipment utilizing a non-renewable fuel source that is owned by a customer, or sited on a customer's property shall be used to displace the customer's own use;
III. The energy produced by electric generation equipment utilizing a renewable fuel source that is owned by a customer, or sited on the consumer's premises shall be used to displace the customers own use; however, if energy is occasionally generated in excess of the customer's energy requirements, it may be credited to the customer's account in a subsequent period.
IV. Any biomass-fueled generation shall meet the emission requirements to qualify as eligible biomass technology under RSA 362-F:2, VIII.
V. Any fossil-fuel fueled generation shall produce combined heat and power with a minimum energy efficiency of 60 percent, measured as usable thermal and electrical output in BTUs divided by fuel input in BTUs, shall be installed as an integrated combined heat and power application, and shall meet the following emission standards (in lbs/MW-H): NOx-0.07; CO-0.10; VOCs-0.02. A credit to meet the emission standard may be applied at the rate of one MW-H for each 3.4 million BTUs of heat recovered.
VI. These requirements apply in addition to and do not preempt or replace any emission standards or permitting requirements applicable to a given generation facility under any other applicable state or federal law.
Source.
2008, 373:1, eff. Sept. 9, 2008. 2021, 228:2, Pt. I, Sec. 3, eff. Oct. 25, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-G - Electric Utility Investment in Distributed Energy Resources › Section 374-G:4 - Investments in Distributed Energy Resources.

374-G:4 Investments in Distributed Energy Resources. –
I. Notwithstanding any other provision of law to the contrary, as provided in RSA 374-G:5, a New Hampshire electric public utility may invest in or own distributed energy resources, located on or inter-connected to the local electric distribution system.
II. Distributed electric generation owned by or receiving investments from an electric utility under this section shall be limited to a cumulative maximum in megawatts of 6 percent of the utility's total distribution peak load in megawatts. This limitation shall not apply to front-of-meter energy storage, the energy storage pilot approved by commission order number 26,209, or demand response.
III. 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-applicable percentage requirements for class I and class II under RSA 362-F:3.
Source.
2008, 373:1, eff. Sept. 9, 2008. 2021, 228:2, Pt. I, Sec. 4, eff. Oct. 25, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-G - Electric Utility Investment in Distributed Energy Resources › Section 374-G:6 - Exemption; Rural Electric Cooperatives.

374-G:6 Exemption;  Rural Electric Cooperatives. –
The requirements for commission authorization for recovery of investments under RSA 374-G:5 shall not apply to rural electric cooperatives for which a certificate of deregulation is on file with the commission.
Source.
2008, 373:1, eff. Sept. 9, 2008.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-G - Electric Utility Investment in Distributed Energy Resources › Section 374-G:7 - Exclusion.

374-G:7 Exclusion. –
Any renewable generating equipment funded in part by a distribution utility under this chapter shall not be included in the calculation of the total rated generating capacity under RSA 362-A:9, I for purposes of limiting net energy metering.
Source.
2008, 373:1, eff. Sept. 9, 2008.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374-H - Customer Energy Storage › Section 374-H:1 - Definitions.

374-H:1 Definitions. –
In this chapter:
I. "Commission" means the public utilities commission.
II. "Bring your own device" means a program for encouraging non-utility owned, and especially retail-customer owned, behind-the-meter energy storage to provide value to the electricity system, particularly in terms of peak reduction and avoided transmission and distribution costs. Such a program shall provide just and reasonable compensation, as determined by the commission, including actual avoided transmission and distribution costs, to a participating behind-the-meter energy storage system for the value it provides to the electricity system.
III. "Energy storage" means batteries, flywheels, compressed air energy systems, sensible heat storage or any other technology, system, or device capable of taking electricity and storing it as some form of energy the technology, system, or device can either convert back into electricity or use to displace an electrical load at a later time. Such term shall include standalone technologies, systems, and devices, as well as those co-located with or incorporated into a renewable energy source.
IV. "Front-of-meter storage" means any energy storage that is not behind-the-meter storage and may include energy storage constructed, owned, and/or operated by utilities subject to the same use restrictions in RSA 374-G:4, I.
V. "ISO-New England" means the Independent System Operator New England or any successor entity.
VI. "Local network service" means the term as defined in ISO-New England's transmission, markets, and services tariff, section II.
VII. "Non-utility" means any entity that is not a utility that develops, builds, owns, operates, or assists in the operation of one or more energy storage projects, including retail customers that buy behind-the-meter storage installed on their property.
VIII. "Regional network service" means the term as defined in ISO-New England's transmission, markets, and services tariff, section II.
IX. "Renewable energy source" means a Class I, Class II, or Class IV renewable energy source as defined in RSA 362-F:4.
X. "Utility" and "utilities" mean public utilities as defined in RSA 362:2.
XI. "Wholesale electricity markets" means any energy, capacity, or ancillary service market that ISO-New England operates or may operate pursuant to RSA 362-A:2-a.
Source.
2021, 228:2, Pt. I, Sec. 1, eff. Oct. 25, 2021.