Committee Summary for Senate Energy and Natural Resources (02/10/2026)

Bill/Time	Type	Title	Sponsor
SB597 2026319s 00:02:22.239 - 8:01:08 AM	Public Hearing	relative to utility rate increases to inflation-adjusted thresholds and performance incentive metrics for utilities.	Perkins Kwoka, Rebecca(D)[F]2025
SB597 2026319s 01:03:45.680 - 9:02:31 AM	Executive Session	relative to utility rate increases to inflation-adjusted thresholds and performance incentive metrics for utilities.	Perkins Kwoka, Rebecca(D)[F]2025
SB595 01:07:54.079 - 9:06:40 AM	Public Hearing	relative to the establishment of a remediation pathway for water systems required to undergo frequent testing.	Murphy, Keith(R)[A]2025
SB598 01:22:35.199 - 9:21:21 AM	Public Hearing	establishing the cyanobacteria mitigation loan and grant fund task force.	McConkey, Mark(R)[B]2025
SB598 Committee Amendment 01:35:42.400 - 9:34:28 AM	Executive Session	establishing the cyanobacteria mitigation loan and grant fund task force.	McConkey, Mark(R)[B]2025
SB493 2024-0621s 01:43:23.520 - 9:42:09 AM	Public Hearing	relative to cyanobacteria and other emerging environmental water quality issues.	Watters, David(D)[D-]2025
SB539 -	Executive Session	relative to eligible biomass technology in the renewable portfolio standards.	McConkey, Mark(R)[B]2025
SB591 2024-0616s 02:32:32.960 - 10:31:18 AM	General Working Session	allowing utility companies to own or build generation facilities.	Avard, Kevin(R)[B]2025
SB599 02:43:06.160 - 10:41:52 AM	General Working Session	relative to the renewable energy fund.	Pearl, Howard (R)[B]2025
SB599 02:43:52.560 - 10:42:38 AM	Executive Session	relative to the renewable energy fund.	Pearl, Howard (R)[B]2025

SB597 2026319s: Senator Rebecca Perkins Quoka, District 21 Support00:02:22.239 - 8:01:08 AM; Senator Perkins Quoka introduces herself as the prime sponsor of SB597 and presents amendment 2026319s, which incorporates changes discussed with Eversource and Unitil. She explains the amendment's focus on studying electricity procurement to use sophisticated financial tools for ratepayer protection. She details sections on performance-based rate making, referencing a PUC docket on incentives for infrastructure upgrades and integrated distribution planning. She highlights an inflation adjuster for the rate cap in section three to protect consumers from rising electricity bills. She emphasizes guidelines to modernize the grid, drawing from experiences in other states. In response to questions, she discusses the trigger mechanism for performance incentives, the list of criteria (A through I) including affordability, reliability, peak load reduction, distributed energy integration, and grid modernization, and how TOEX aligns capital and operating expenditures for efficient investments.
SB597 2026319s: Senator Waters Information Only00:04:46.080 - 8:03:32 AM; Senator Waters questions the sponsor on the amendment, agreeing on the value of performance-based incentives seen in other states. He asks for details on the performance criteria (A through I) and their potential to save money. He notes high power prices in New Hampshire compared to Maine and discusses the TOEX system for justifiable costs, emphasizing incentives for grid modernization.
SB597 2026319s: Senator Rosal Information Only00:12:15.519 - 8:11:01 AM; Senator Rosal inquires about letter G in section four regarding smart meters (AMI), confirming Eversource's plan to replace meters starting in 2028. He follows up on the lifespan of current meters in new constructions.
SB597 2026319s: Josh Elliot, Director, Division of Policy and Programs, New Hampshire Department of Energy Information Only00:14:56.880 - 8:13:42 AM; Josh Elliot provides neutral testimony on the amendment, outlining issues such as undefined year periods for rate comparisons, lack of specificity on inflation adjustment (e.g., CPI), and ambiguity in what constitutes the 'rate' (energy, transmission, distribution). He explains performance-based rate making as financial incentives beyond traditional cost-of-service models, including step increases, and discusses policy trade-offs like gradual vs. sudden rate hikes. He highlights tensions in performance metrics, such as between affordability and volatility, and questions the linkage to wholesale market fluctuations. He notes TOEX is unproven in the US, potentially conflicting with GAAP, and suggests clarifications for the procurement study committee. He recommends focusing performance mechanisms on the distribution side, which utilities control, and stresses the need for well-designed mechanisms to avoid benefiting utilities unduly.
SB597 2026319s: Dina Dennis, Community Power Coalition of New Hampshire Information Only00:34:27.839 - 8:33:13 AM; Dina Dennis states neutrality on SB597 as introduced, supporting the concept of performance-based regulation (PBR) to align utilities with goals like reliability, efficiency, affordability, and customer choice. She appreciates the focus on total utility bills, suggests adding metrics for supporting competitive markets (e.g., data access for competitive suppliers like community power aggregations). She endorses TOEX paired with accountability and symmetrical incentives/penalties. She expresses concerns with section 3's 4% rate cap, citing ambiguity in 'energy rate,' potential unintended consequences like cost deferral, and risks to market volatility reconciliation, arguing it undermines PUC discretion and PBR goals.
SB597 2026319s: Alec Omera, Director of External Affairs, Unitil Oppose00:40:56.560 - 8:39:42 AM; Alec Omera from Unitil opposes SB597 with the amendment, acknowledging it as an improvement but still problematic. He explains that Unitil lacks a performance-based rate structure in New Hampshire but has one in Massachusetts, viewing it as a tool to align with policy goals. He argues against prescriptive legislation, preferring the Public Utilities Commission (PUC) process to tailor rates to individual utilities. He notes supply rates' volatility could trigger caps unfairly and supports letting the PUC's ongoing investigation proceed. During Q&A, he discusses Unitil's advanced metering infrastructure rollout since 2004, benefits for customer usage control, demand response, and how performance-based rates could incentivize energy reduction.
SB597 2026319s: Michael Mata, Eversource Oppose00:50:32.960 - 8:49:18 AM; Michael Mata from Eversource opposes the bill and amendment, appreciating the intent but highlighting legal challenges with artificial caps on uncontrollable costs, potentially creating unconstitutional takings. He agrees with prior speakers on the PUC's investigative proceeding as the better venue and suggests waiting for its outcome before legislative action. He expresses concern over the bill's reference to Texas-style mechanisms, unadopted by any state and rejected by Connecticut and Hawaii, which biases the commission. He clarifies that recent rate case approvals were for smoothing spikes with prudent cost reviews, not free money.
SB597 2026319s: Senator Prime Sponsor of SB594 Support00:53:25.440 - 8:52:11 AM; The prime sponsor of SB594 briefly introduces the bill, prompted by a constituent's issue. It eliminates agitators on temporary docks removed from bodies of water under 1,000 acres, closing a loophole where agitators remain despite dock removal requirements under RSA 482. He cites a Windham case where a dock was removed but the agitator left, posing risks. A constituent's son fell through thin ice likely due to an agitator.
SB597 2026319s: Maria, Resident of Cobbett's Pond Support00:57:56.079 - 8:56:42 AM; Maria, a 14-year resident of Cobbett's Pond, testifies on safety and environmental risks from contradictory statutes allowing agitators on small lakes where docks must be removed seasonally per RSA 482. She describes a neighbor's violation leaving a dock and agitator, ignored by enforcement agencies. Her 11-year-old son fell through ice in February 2025 near the agitator's current, despite safe conditions elsewhere; similar incidents include a drowning on Big Island Pond. Agitators create weak ice spots dangerous for families and prevent natural freezing, leading to weed proliferation and ecological harm. She urges prohibiting agitators on waters under 1,000 acres to align laws and protect safety.
SB597 2026319s: Tim Dunley, Marine Patrol, Department of Safety Information Only01:02:00.240 - 9:00:46 AM; Tim Dunley from Marine Patrol states no position on SB594 but offers information as the enforcement agency for aquatherm agitators and ice prevention around structures. He confirms the bill would not complicate enforcement, as they already address such issues alongside Fish and Game and local authorities.
SB597 2026319s: Tim Dunley, Marine Patrol, Department of Safety Information Only01:03:45.680 - 9:02:31 AM; Responds to questions about regulations on de-icing devices on bodies of water over 1000 acres, explaining that size has no bearing on statutes, owners are responsible for opened ice without impeding public access, and enforcement focuses on attentive management to prevent hazards from expansive open water.
SB595: Senator Keith Murphy, representing North Manchester Support01:07:54.079 - 9:06:40 AM; Explains the bill's origin from a constituent's campground facing monthly testing due to late sample submissions by a manager. Notes conversations with DES indicating federal requirements, but cites EPA regulations allowing leniency for late samples within the next monitoring period. Suggests amending the bill to align with federal paragraph 4 for grace on late submissions, avoiding unnecessary monthly monitoring.
SB595: Brandon Carin, Administrator, Drinking Water and Groundwater Bureau, DES Information Only01:11:03.920 - 9:09:49 AM; Provides information on administering state and federal Safe Drinking Water Act, expressing concerns that the bill as proposed is inconsistent with federal regulations, potentially creating enforcement issues. Offers technical assistance, including a free inspection for the campground to return to quarterly testing, emphasizing partnership with the water industry and case-by-case hardship relief.
SB595: Senator McCarthy Information Only01:14:01.360 - 9:12:47 AM; Shares personal experience as a permitted operator for 20-30 years, surprised by the need for paid inspection for relief from monthly testing after missing samples by a day. Questions if this is a new policy, noting DES's usual eagerness to help small seasonal systems like campgrounds.
SB595: Brandon Carin, DES (continued) Information Only01:15:53.120 - 9:14:39 AM; Clarifies that scheduled inspections every 3-5 years can cover violation relief if within 12 months, but the campground's case fell outside this window due to 5-year cycle for non-community transient systems. Explains assistance is provided case-by-case, not for every violation due to staffing, but they offered help once engaged.
SB595: Senator Keith Murphy (recalled) Support01:19:02.080 - 9:17:48 AM; Suggests amending to incorporate EPA paragraph 4, allowing states to not count late samples if collected by the end of the next period. Discusses flexibility on six vs. twelve consecutive tests or removing the section to comply with federal rules.
SB595: Senator Rosen Information Only01:20:17.360 - 9:19:03 AM; Questions potential amendment impacts, concerned about inviting stricter EPA oversight if inconsistent with federal code. Seeks clarification on retaining six consecutive tests while referencing federal return to quarterly monitoring.
SB595: Brandon Carin, DES (final) Information Only01:22:35.199 - 9:21:21 AM; Agrees to work with the senator on amendment language, subject to legal review for alignment with federal and state statutes.
SB598: Senator Mark McConi, representing Senate District 3, Lakes Region Support01:22:35.199 - 9:21:21 AM; Introduces the bill to form a task force for sustainable funding of cyanobacteria mitigation, following 2023's $2 million appropriation now nearly expended. Highlights health risks, property value impacts, and economic losses to tourism, camps, and marine trades from blooms. Task force to include DES, UNH Limnology Center, Fish and Game, etc., reporting by November 1, 2026, to develop agreed programs.
SB598: Senator Rosen Information Only01:26:22.400 - 9:25:08 AM; Asks if the task force could have one senator instead of two and if it needs a repeal or sunset provision, noting commissions typically do.
SB598: Senator Mark McConi (continued) Support01:27:39.679 - 9:26:25 AM; Agrees task force should end after report, suggesting sunset December 1 post-November 1 report. Explains two senators for Ways and Means involvement but defers to committee; open to adjustments.
SB598: Jody Grimbleis, New Hampshire Marine Trades Association Support01:28:42.080 - 9:27:28 AM; Strongly supports the bill as the right approach for statewide stakeholders to find sustainable funding for cyanobacteria mitigation.
SB598: Amy Smagula, Department of Environmental Services Information Only01:29:27.840 - 9:28:13 AM; Amy Smagula, chief aquatic biologist and limnology center director at DES, provided background on cyanobacteria issues in New Hampshire's surface waters. She noted that DES does not take a position on the bill but is available for questions. She explained that about 60 water bodies bloom annually, producing toxins that affect recreation, human health, pets, and drinking water. Funding is limited with only $200,000 remaining from $2 million, while projects cost $200,000 to $500,000. SB 598 proposes a task force for multifaceted funding approaches. Local entities like lake and river associations lack resources, and there is a long queue of projects including Tucker Pond in Salisbury, Province Lake in Effingham, Lake Winnipesaukee areas, Baboosic Lake in Amherst, and Merriimack. Blooms impact tourism and require holistic watershed and lake management.
SB598: Amy Smagula, Department of Environmental Services (Q&A) Information Only01:31:40.400 - 9:30:26 AM; During Q&A with Senator Waters, Smagula discussed increasing cyanobacteria blooms due to warming temperatures, nutrient loading from watersheds during rainstorms, erosion, paved surfaces, lawn fertilizers, older septic systems, and cumulative landscape uses. DES partners with agencies, municipalities, and associations for stormwater management and best practices. She estimated future funding needs at $1-2 million annually based on demand and recent $500,000 projects. The bill leverages multi-stakeholder involvement.
SB598 Committee Amendment: Committee Discussion Vote01:35:42.400 - 9:34:28 AM; The committee moved into executive session and proposed a committee amendment to SB 598. Changes include: reducing Senate members from two to one (lines 6-7); adding separate representatives from river and lake associations (line 17), appointed as directors or designees rather than by the governor; and setting a repeal date of January 1st. The amendment was moved, seconded, passed unanimously without opposition. The bill was then recommended to pass as amended on consent, with a motion to adjourn executive session.
SB493 2024-0621s: Senator David Waters, District 4 Support01:43:23.520 - 9:42:09 AM; Senator Waters introduced SB 493, emphasizing the statewide threat of cyanobacteria to recreation, health, summer camps, businesses like marinas, property values, and municipal taxes. The amendment restricts 'mitigation' to 'treatment' to address concerns about property rights, erosion control, etc., and excludes restrictions on public access per RSA 270:20-8. The first part allows village districts to vote on establishing a funding mechanism over time for cyanobacteria treatment via contingency reserves. The second part enables towns, cities, and village districts to jointly plan and apply for funds across jurisdictions for water body management, promoting cooperation to avoid piecemeal efforts.
SB493 2024-0621s: Senator David Waters (Q&A) Support01:51:50.800 - 9:50:36 AM; In Q&A, Waters clarified the bill is permissive ('may'), requires no state spending, and involves votes by district members for bonding. He agreed to change 'mitigate' to 'treatment' on line 2 of the amendment and noted phosphate source treatment is separate from mitigation. He emphasized the second part's value for multi-jurisdictional planning regardless of the funding mechanism.
SB493 2024-0621s: Andrea Lamothe, New Hampshire Lakes Support01:55:16.560 - 9:54:02 AM; Andrea Lamothe, president and policy advocate of New Hampshire Lakes, supported SB 493 as enabling legislation allowing cities, towns, and village districts around lakes to coordinate on protection and treatment. Cyanobacteria blooms do not follow municipal boundaries. Formation requires a petition by 10 voters, a town meeting warrant article vote, and applies only if the will of the affected people supports it. It provides an optional tool without mandating action.
SB493 2024-0621s: Bob Quinn, New Hampshire Association of Realtors Oppose01:57:07.920 - 9:55:53 AM; Bob Quinn expressed concerns about village districts for cyanobacteria, noting they are historically for infrastructure like water/sewer/fire. Only 10 voters can petition, bypassing town veto, potentially creating patchwork regulations across water bodies. Small districts may have limited impact. He preferred statewide approaches like HB 1301 for funding and past efforts (HB 1066 study, HB 1113 on septics). No recent village districts under RSA 51 in decades, and statewide solutions better address the 60 affected water bodies.
SB493 2024-0621s: Kyle Baker, New Hampshire Wildlife Federation Information Only02:03:59.840 - 10:02:45 AM; Kyle Baker raised concerns about public access restrictions by village districts, noting the amendment's reference to RSA 271 may not cover all access points like marina or private landowner partnerships used by fishing teams. He would review the amendment and let written testimony address other points.
SB493 2024-0621s: Amy Smagula, Department of Environmental Services Information Only02:04:57.679 - 10:03:43 AM; Smagula added that local efforts, consensus, and financial support are critical for cyanobacteria project success. Village districts require 10-voter petition, town meeting approval, ongoing town coordination for funds, and can be dissolved by two-thirds vote; about 100 exist in NH. RSA 487:15-25 funds exotic aquatic weeds mitigation, not lake restoration.
SB493 2024-0621s: Elizabeth Harper, Lake Winnipesaukee Protective Association and Center for Lake Studies, Center Harbor, NH Support02:07:43.280 - 10:06:29 AM; Elizabeth Harper expressed appreciation for the committee's understanding of the cyanobacteria issue as a growing, expensive problem in New Hampshire. She emphasized that proactive, science-based approaches are crucial for the economy, including real estate, property taxes, and tourism. She highlighted challenges in funding but noted her organization's successful collaborations with NH Lakes, DES, and municipalities to leverage resources. She supported SB493 as an additional mechanism to facilitate collaborations and creative funding solutions, empowering local communities without limiting public access.
SB493 2024-0621s: Jody Grimlas with John Wallally, New Hampshire Marine Trades Association Oppose02:11:22.239 - 10:10:08 AM; Jody Grimlas, representing the NH Marine Trades Association, opposed SB493, citing concerns over its policy shift for state-regulated public waters. The bill allows village districts with taxing authority, fines, and potential restrictions on public access, initiated by just 10 petitioners, with voting limited to district domiciliaries, potentially excluding non-resident property owners and businesses like marinas. She noted the bill's prior failures in the House (as HB1250 in 2024 and HB332 in 2025) due to concerns over new authority. Grimlas advocated for state-level funding solutions like SB598, HB1301, and HB1477, emphasizing DES expertise to avoid patchwork regulations. She compared it to milfoil management, which succeeds through statewide collaboration without village districts. John Wallally shared concerns about village districts limiting public access to boat ramps and waters, potentially deterring boating and tourism, illustrated by a customer's experience moving from Vermont.
SB493 2024-0621s: Amy Smagula, Department of Environmental Services Information Only02:26:37.680 - 10:25:23 AM; Amy Smagula clarified that towns and lake associations already leverage local funding for cyanobacteria projects without village districts, building community engagement and ensuring project success. She noted DES encourages such initiatives but does not sanction them directly. Regarding multi-municipality lakes, the bill could allow collaborative funding applications, strengthening local support by uniting communities around water bodies, providing another option for fragmented lake associations.
SB591 2024-0616s: Senator Waters Information Only02:32:32.960 - 10:31:18 AM; Senator Waters introduced an amendment to SB591, increasing the utility ownership cap for generation from 6% to 10%, removing the 3% fossil fuel limit, and expanding battery storage options beyond behind-the-meter to utility-scale (100-1000 MW) for peak demand shaving and cost savings. The amendment aims to enable projects like solar, storage, small modular reactors, and fuel-neutral generation without disrupting the generation-distribution divide, allowing utilities to pursue beneficial initiatives.
SB591 2024-0616s: Alec Omera, Unitil Support02:35:34.720 - 10:34:20 AM; Alec Omera supported the amendment, noting it builds on the statute enabling Unitil's 5 MW Kingston solar array (well below the 6% cap of 18 MW). The increase to 10% could facilitate fuel-neutral facilities, storage additions to existing arrays, and benefits like peak load reduction for all customers. Unitil has considered storage for Kingston and evaluates projects based on customer benefits.
SB591 2024-0616s: Joshua, Department Representative Information Only02:40:52.640 - 10:39:38 AM; Joshua noted the amendment's statute requires facilities on the distribution system, limiting size to what can interconnect locally. He mentioned needing to consult on connecting larger facilities to the transmission system.
SB599: Senator Rosenwald Information Only02:43:06.160 - 10:41:52 AM; Senator Rosenwald raised concerns about SB599 funding administration costs exceeding the $967,000 fund balance, adding bureaucracy to limited resources. He sought discussion before any motion, noting the fund gets replenished and administers more than the current balance.
SB599: Senator Pro Information Only02:43:52.560 - 10:42:38 AM; Senator Pro expresses concern about the $1 million allocation in the budget, noting that the funding does not get replenished at a high rate and views it as a large administrative cost.
SB599: Senator Rosenwald Support02:45:15.920 - 10:44:01 AM; Senator Rosenwald explains that the $1 million is intended to fix an inadvertent budget mistake for administering programs, emphasizing the importance of preserving the program despite concerns about administrative costs.
SB599: Unidentified Senator Support02:45:15.920 - 10:44:01 AM; The senator supports the motion for SB599-FN, highlighting the need to fix the inadvertent issue and preserve the program to allow the administration to oversee other programs.
SB599: Unidentified Senator Information Only02:45:15.920 - 10:44:01 AM; The senator moves consent on SB599-FN, seconded by Senator McCarthy, and notes understanding of the concerns.
SB599: Unidentified Senator Information Only02:46:32.240 - 10:45:18 AM; The senator suggests holding SB597 for a few weeks to consider developments on affordability and performance-based rate making, noting good elements in the bill and potential input from the Department of Energy.
SB599: Unidentified Senator Information Only02:46:32.240 - 10:45:18 AM; The senator agrees to hold off on SB597 and mentions about three weeks remaining.

Avard, Kevin(Chairman)(R)[B]2025	Pearl, Howard (V Chairman)(R)[B]2025	Watters, David(D)[D-]2025
Rosenwald, Cindy(D)[F]2025	McConkey, Mark(R)[B]2025