Committee Summary for Senate Energy and Natural Resources (02/04/2025)

Bill/Time	Type	Title	Sponsor
SB108 00:01:36.399 - 8:01:18 AM	Public Hearing	relative to the department of energy.	Pearl, Howard (R)[C+]2024
SB109 FN 00:38:59.800 - 8:38:41 AM	Public Hearing	relative to alteration of terrain permits.	Lang, Timothy(R)[C+]2024
SB106 2023-0232s 02:21:30.520 - 10:21:12 AM	Executive Session	relative to the participation of customer generators in net energy metering.	Lang, Timothy(R)[C+]2024
SB110 Not provided in the transcript snippet 02:28:00.359 - 10:27:42 AM	Executive Session	relative to terrain permitting.	Lang, Timothy(R)[C+]2024

SB108: Senator Howard Purl, District 17, Loudon Support00:01:36.399 - 8:01:18 AM; Senator Howard Purl introduced Senate Bill 108, which focuses on transferring specific regulatory and adjudicative responsibilities from the Public Utilities Commission to the Department of Energy. The bill addresses issues like unauthorized telecommunication service provisions, protection of ratepayer communication preferences, and the refinement of net energy metering, assessment, complaint investigation, and litigation procedures. He mentioned that the bill was introduced on behalf of the Department of Energy and that their general counsel, Dave Shulock, would discuss recommended changes including deletions and language amendments.
SB108: David Shulock, General Counsel, Department of Energy Support00:02:53.360 - 8:02:35 AM; David Shulock elaborated on Senate Bill 108, thanking Senator Purl and co-sponsors for their support. He detailed recommended changes to the bill following discussions with industry stakeholders. Key changes included deleting a section about the enforcement of 'slamming' to keep it with the commission, clarifying ratepayer protection by moving rules to the Department, removing antiquated language about net metering caps, and clarifying the assessment process for utilities. He also discussed modifications to complaint procedures to simplify the process for ratepayers and proposed developing the Department's own adjudicative processes for federal program-related complaints. Shulock corrected a typographical error in the bill and noted an additional language request from NEEA.
SB108: Donald C., Consumer Advocate Support00:18:54.799 - 8:18:36 AM; Donald C., the Consumer Advocate, expressed general support for the bill, noting its importance in clarifying the jurisdictions of the Public Utilities Commission and the Department of Energy. He discussed his background with the Public Utilities Commission and his role in advocating for residential utility customers. He supported the bill's aim to refine jurisdictions based on experience since the Department of Energy's creation. However, he raised concerns about the complexity of the complaint process for residential ratepayers, describing it as a 'triple gauntlet'. He also stated his office's interpretation that they are authorized to file formal complaints under the bill and suggested that the bill could benefit from further refinement.
SB108: Mora Weston, New England Connectivity and Telecommunications Association (NECTA) Oppose00:26:36.200 - 8:26:18 AM; Mora Weston from NECTA testified in opposition to SB 108 as drafted, stating that NECTA has been in discussions with the Department and seeks clarifications. They propose amendments to clarify which entities are assessed by the Department of Energy and ensure that certain consumer complaints remain under the jurisdiction of the Department of Justice as per the Communications Consumer Protection Act. Specifically, they want Section 4 to clarify that the provision applies only to entities subject to assessment statutes, preventing unintended assessments on NECTA members like home security companies. They also seek clarification in Part 6 to ensure that the expanded complaint authority applies only to existing authorities, leaving complaints about VoIP providers and IP-enabled services under the DOJ's consumer protection statutes. NECTA has shared redline language with the Department and is willing to provide it to the committee.
SB108: Dena Dennis, Community Power Coalition of New Hampshire Support00:28:56.880 - 8:28:38 AM; Dena Dennis, representing the Community Power Coalition of New Hampshire, supported the bill and indicated that their concerns about Section 11, which initially proposed the repeal of RSA 362-A:9, VIII, were alleviated upon understanding it was a typo and should reference XVIII. The coalition, serving 70 municipal members across the state, has been providing competitive energy supply options since spring 2023, resulting in over $20 million in bill savings for consumers.
SB108: Alexander Spidel and Ben Martin, New Hampshire Public Utilities Commission Information Only00:31:06.159 - 8:30:48 AM; Alexander Spidel and Ben Martin from the New Hampshire Public Utilities Commission provided neutral testimony on SB 108. They are open to fine-tuning the consumer complaint process but are monitoring the potential shift in responsibility for net metering tariffs and charges. They highlighted Section 3's language change regarding net metering tariffs, which could affect the pricing structure's control between the Department and the Commission, and offered to work with the DOE to clarify this relationship.
SB108: Sam Evans Brown, Clean New Hampshire Support00:34:03.639 - 8:33:45 AM; Sam Evans Brown from Clean New Hampshire supported the bill, emphasizing the need to clean up the outdated net metering statute. He explained the history of the standard tariff, which closed in 2017, and the current alternative tariff system. He raised concerns about the deletion of specific lines in the bill that could affect grandfathered standard tariff customers and suggested maintaining those protections. Additionally, he noted the ongoing redevelopment of the 900 rules and their importance in governing net metering processes under the Department of Energy.
SB109 FN: Senator Tim Lang, Senate District 2 Support00:38:59.800 - 8:38:41 AM; Senator Tim Lang introduced SB 109, which aims to establish timelines for agency actions and create a fund for threatened and endangered species compensatory mitigation. The bill addresses the need to speed up permitting processes to address housing and development crises, noting that delays in permits can cause projects to fail. He mentioned that similar language might appear in a low-numbered House bill related to the governor's efficiency initiatives.
SB109 FN: Stephanie Simi and Dan Bergeron, New Hampshire Fish and Game Oppose00:46:53.640 - 8:46:35 AM; Stephanie Simi and Dan Bergeron from New Hampshire Fish and Game expressed concerns about SB 109, stating that it could undermine their authority to protect threatened and endangered species. They highlighted potential issues with the bill's language that could allow other agencies to make determinations on species impacts, potentially leading to non-compliance with conservation laws and litigation risks. They also discussed the existing 60-day review timeframe and the challenges with incomplete applications that pause the review process. They opposed the requirement for new rules on mitigation payments and calculations, as current practices already include mitigation options. They urged the committee to consider their concerns and the need for funding to improve their processes.
SB109 FN: Adam Kepes and Phil Trowbridge, Department of Environmental Services Support01:09:38.960 - 9:09:20 AM; Adam Kepes and Phil Trowbridge from the Department of Environmental Services supported the intent of SB 109 to streamline permitting processes. They emphasized the importance of consultations with Fish and Game for protecting threatened and endangered species and noted the need for timely permit decisions to meet the governor's 60-day goal. They acknowledged Fish and Game's concerns and suggested working together to find acceptable language. They recommended waiting to act on the bill until other related proposals are considered to ensure coordinated legislative action.
SB109 FN: Phil Trowbridge, Department of Environmental Services Information Only01:15:36.320 - 9:15:18 AM; Phil Trowbridge, from the Department of Environmental Services, reiterated that he did not have additional points beyond what Adam Kepes had already covered. He responded to questions from the committee, particularly from Senator Waters, regarding the implications of the bill on endangered and threatened species determinations and the potential for litigation. Trowbridge emphasized the importance of working closely with the Fish and Game Department to ensure that permits issued by DES are defensible in court. He highlighted the need for clear jurisdictional lines in permitting processes, especially when recommendations from Fish and Game fall outside the scope of DES's Wetlands permit jurisdiction.
SB109 FN: Unidentified Speaker Information Only01:24:24.800 - 9:24:06 AM; The unidentified speaker continued the discussion about the bill's implications on endangered species and habitat management. They expressed concern about the bill's language potentially allowing DES to bypass Fish and Game's recommendations on habitat issues. The speaker suggested working with Fish and Game to clarify the language and address fee structures to support Fish and Game's involvement. They noted the importance of ensuring that any changes to the bill would not jeopardize DES's ability to meet statutory timelines.
SB109 FN: Unidentified Speaker Information Only01:27:05.000 - 9:26:47 AM; The unidentified speaker further elaborated on the existing consultation process with Fish and Game, emphasizing that applicants often consult directly with Fish and Game before or during DES's process. They clarified that DES supports the legislation primarily to address the time frame for permit processing, aiming to reduce it to 60 days. They also mentioned working on mitigation rules for threatened and endangered species, similar to Wetlands mitigation, and expressed openness to collaborate with stakeholders to refine the bill's language.
SB109 FN: Eric Orff, New Hampshire Audubon Oppose01:29:25.679 - 9:29:07 AM; Eric Orff, representing New Hampshire Audubon, opposed the bill, arguing that it should be found inexpedient to legislate. He shared his background as a former Fish and Game employee and highlighted the success of current wildlife management practices in New Hampshire. Orff used the metaphor of a 'Sleeping Bear' to caution against unnecessary changes to a system that he believes is functioning well, citing improvements in bear populations, eagles, falcons, and terns as evidence.
SB109 FN: Meredith Hatfield, The Nature Conservancy Oppose01:31:08.960 - 9:30:50 AM; Meredith Hatfield, from The Nature Conservancy, echoed concerns raised by Fish and Game and Audubon about the bill. She acknowledged the housing crisis in the state but emphasized that the current system for managing endangered species is effective and should not be disrupted. Hatfield suggested that if the bill moves forward, Fish and Game should be given more time to comply with any rule-making requirements, potentially extending into 2026, given their limited resources.
SB109 FN: Mark Brown, Vail Resorts Government Affairs, representing Owl's Nest Resort in Thornton and Campton Support01:34:11.719 - 9:33:53 AM; Mark Brown introduced himself and John Woka from Horizons Engineering, representing Owl's Nest Resort, one of the largest real estate development projects in the Northeast. He highlighted the project's scope, including hundreds of residential housing units, hotels, event spaces, restaurants, convenience stores, EV charging stations, and lakes. He supported the bill, stating that John Woka would provide technical insights into why they support it.
SB109 FN: John Woka, CEO of Horizons Engineering, Littleton Support01:35:12.080 - 9:34:54 AM; John Woka, CEO of Horizons Engineering based in Littleton, New Hampshire, spoke in support of the bill. He detailed the complexities and time-consuming nature of the alteration of terrain permit process, noting that even a basic application requires about 100 engineering hours. He emphasized the need for predictability in the process, suggesting that increasing the threshold for these permits and focusing on more complex projects would benefit both the design and review processes. Woka also discussed the issue of the 10-year look-back period for land disturbance, citing an example where a small project triggered a need for a new AOT permit due to previous work. He suggested refining the process to better define what triggers a new project, potentially raising the threshold to streamline processes for his clients.
SB109 FN: James Senu, representing Water Valley Resort, Waterville Valley Support01:45:42.320 - 9:45:24 AM; James Senu, representing Water Valley Resort in Waterville Valley, supports SB 109 and the amendment to raise the fee threshold for alteration of terrain (AOT) permitting from 100,000 to 200,000 square feet. He shares his experience with a housing project that crossed the 100,000 square foot threshold, resulting in increased costs and delays due to stringent stormwater regulations. Senu argues that increasing the threshold to 200,000 square feet would facilitate smaller housing projects, which are economically challenging under current rules, while still maintaining necessary environmental protections.
SB109 FN: Alex, representing a development firm Support01:56:11.599 - 9:55:53 AM; Alex supports SB 109 and highlights the burden of the current AOT permitting process on smaller projects. He mentions a project in Stratham, NH, where a small subdivision required significant disturbance to avoid AOT permits, and another project in a southeastern coastal town that will be delayed due to the permitting process. Alex argues that increasing the threshold would expedite housing projects and reduce costs passed onto buyers, making housing more affordable.
SB109 FN: Meredith Hatfield, The Nature Conservancy Information Only02:00:14.000 - 9:59:56 AM; Meredith Hatfield expresses concerns about raising the AOT threshold, emphasizing the need to protect water resources and the environment. She acknowledges the housing crisis but suggests focusing on predictability and clarity in permitting processes. Hatfield raises questions about the potential environmental and public health impacts of increasing the threshold and stresses the importance of maintaining access to clean water as housing development continues.
SB109 FN: Philip Trowbridge, Manager of Land Resources at DES, with Amy Clark, Bureau Administrator for the Alteration of Terrain Program Information Only02:03:48.239 - 10:03:30 AM; Philip Trowbridge and Amy Clark from DES discuss the purpose of AOT permits, highlighting stormwater pollution and flooding as key issues they address. Trowbridge explains that the current 100,000 square foot threshold has been in place for decades and already accommodates significant development. He expresses concerns about raising the threshold to 200,000 square feet, citing potential problems with projects under this size, including impacts on abutters, infrastructure, and natural resources. Trowbridge mentions the department's efforts to improve permitting processes and suggests waiting for other related legislative proposals before deciding on this bill.
SB109 FN: Rob Johnson, representing the New Hampshire Farm Bureau Support02:18:04.080 - 10:17:46 AM; Rob Johnson supports SB 109, noting that the AOT permitting fees and processes have been burdensome for small farm operations looking to establish or expand. He recounts an instance where a small farm faced significant costs and complications due to the AOT threshold, despite the department's reasonable approach. Johnson emphasizes the importance of easing these burdens for small agricultural projects.
SB106 2023-0232s: Committee Members Information Only02:21:30.520 - 10:21:12 AM; The committee discusses SB 106 and the proposed amendment 2023-0232s. They address concerns raised during the public hearing, including changes to the threshold from 100 kilowatts to one megawatt and the 20-year service period. The committee agrees that the amendment addresses the main issues and decides to pass the bill as amended. Senator Waters agrees to take the bill forward.
SB110 Not provided in the transcript snippet: Committee Members Information Only02:28:00.359 - 10:27:42 AM; The committee discusses SB 110, which relates to the AOT permitting threshold. There is a suggestion to wait for other related bills before moving forward with SB 110, as it does not actually change the threshold to 200,000 square feet but only removes the fee. The committee expresses interest in amending the bill to address this error and to include guardrails for the 200,000 square foot threshold. They decide to table the bill pending further discussion and amendments.

Avard, Kevin(Chairman)(R)[C+]2024	Pearl, Howard (V Chairman)(R)[C+]2024	Watters, David(D)[CT]2024
Rosenwald, Cindy(D)[CT]2024	McConkey, Mark(R)