Bill Text: NH SB271 | 2022 | Regular Session | Introduced
Bill Title: Relative to the Burgess BioPower facility.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2022-06-28 - Signed by the Governor on 06/24/2022; Chapter 0275; Effective 06/24/2022 [SB271 Detail]
Download: New_Hampshire-2022-SB271-Introduced.html
SB 271 - AS INTRODUCED
2022 SESSION
22-3039
12/10
SENATE BILL 271
AN ACT relative to the Burgess BioPower facility.
SPONSORS: Sen. Bradley, Dist 3; Sen. Hennessey, Dist 1; Sen. Watters, Dist 4; Sen. Avard, Dist 12; Sen. Ward, Dist 8; Sen. Giuda, Dist 2
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill permits the public utilities commission to revise its orders affecting the Burgess BioPower plant in Berlin.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-3039
12/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the Burgess BioPower facility.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Burgess BioPower Plant 2018, 340:1-2 are repealed and reenacted to read as follows:
340:1 Findings. The general court finds that the continued operation of the Burgess BioPower plant in Berlin: is critical to the energy infrastructure of the state of New Hampshire and important for the attainment of renewable energy portfolio standard goals of fuel diversity, capacity, sustainability, and energy independence; necessary to the continued health of New Hampshire’s forests; provides invaluable support to the timber industry; and is a key contributor of jobs and to the economy of both northern New Hampshire and the state as a whole.
340:2 Public Utilities Commission; Authority to Amend Orders. Notwithstanding any other provision of the law, any order issued or settlement agreement approved by the public utilities commission to the contrary, including but not limited to any orders issued in public utilities commission Dockets DE 10-195, DE 19-142, DE 11-250, and DE 14-238, the public utilities commission may amend any of its orders as necessary to protect the continued operation of the Burgess BioPower plant as follows:
I. Given the vital contributions, both economic and energy-related, that the Burgess BioPower plant provides to the state as described in section 1, any and all relief provided to the Burgess BioPower plant shall be deemed to be reasonable, legitimate, and in the public interest for the purposes of RSA 374:57, or any provision of law applicable to the approval of power purchase agreements.
II. Nothing in this act shall be construed to affect or otherwise set the wholesale rate of power paid to the Burgess BioPower plant, or otherwise affect or influence wholesale bidding behavior.
III. Nothing in this act shall prohibit the state from using federal funds, federal stimulus funds authorized by the American Rescue Plan Act of 2021, Public Law 117-2, or any other legislation enacted to provide relief from the effects of COVID-19, to offset any economic impact to ratepayers.
IV. In order to ensure the continued viability of Burgess BioPower, any proceeding conducted by the public utilities commission shall be conducted on an expedited basis, by opening a docket within 30 days after passage of this act and issuing a final order implementing the relief provided in this act no later than 6 months from the effective date of this act.
2 Effective Date. This act shall take effect upon its passage.
