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Bill

Bill

HB 221

enabling electric utilities to own, operate, and offer advanced nuclear resources, and relative to purchased power agreements for electric distribution utilities and limitations on community customer generators.

2026 Regular Session Introduced by J.D. Bernardy and 3 co-sponsors

Allows utilities to own and deploy advanced nuclear resources and govern PPAs, with limits on community solar and required PUC oversight.

Vetoed by Governor Ayotte 05/22/2026
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WeVote Research Nonpartisan
Bill Summary · HB 221

HB 221 Summary – New Hampshire, 2026 Session
Jurisdiction: New Hampshire

Purpose and intent
- The bill aims to authorize electric utilities in New Hampshire to own, operate, and offer advanced nuclear resources.
- It also addresses purchased power agreements (PPAs) for electric distribution utilities.
- It includes limitations related to community solar (community customer generators) and related mechanisms.

Key provisions and changes (substantive)
- Utility ownership and operation of advanced nuclear resources:
- Enables electric utilities to own and operate advanced nuclear generation resources as part of their resource planning and supply portfolio.
- Likely includes authorization to develop, deploy, or procure advanced reactor technologies, subject to regulatory review and safety requirements.
- Purchased power agreements (PPAs) for electric distribution utilities:
- clarifies or expands the use of PPAs for securing electric supply.
- Specifies terms, conditions, or process for entering PPAs by distribution utilities, potentially including competitive bidding, cost recovery mechanisms, or regulatory approval standards.
- Community customer generators (limitations):
- Implements restrictions or limitations on the growth or operation of community solar or other community-based customer generation programs.
- Could address size limits, interconnection rules, pricing, or eligibility criteria to participate in community-generated projects.
- Regulatory and procedural framework:
- Likely establishes or clarifies the role of the Public Utilities Commission (PUC) or other state agencies in approving, overseeing, and ensuring safety, reliability, and pricing impacts of nuclear resources and PPAs.
- May include reporting requirements, performance metrics, and oversight timelines.
- Cost recovery and rate impacts:
- Provisions may specify how utilities can recover costs associated with nuclear investments or PPAs.
- Could include caps, prudent investment standards, and rate impact considerations for customers.
- Non-discrimination and open access:
- Potential provisions to ensure fair access to PPAs and grid services, and to prevent discrimination among customers or developers seeking to participate in PPAs or related programs.

Who would be affected
- Electric distribution utilities (e.g., investor-owned, municipal, or cooperative utilities) that serve NH customers.
- Utilities seeking to develop or procure advanced nuclear resources.
- Developers and customers participating in community solar or community-based generation programs.
- The New Hampshire Public Utilities Commission and other state regulatory agencies responsible for oversight, approvals, and rate-setting.
- Electric customers, who could see changes in rates, reliability, and participation in generation programs depending on implementation and cost recovery.

Procedural and timeline aspects (highlights)
- Early 2025–2026: Committee process with hearings and amendments.
- Public hearings held (e.g., January 2025 public hearing) and multiple committee votes with amendments.
- Committee reports indicate an “Ought to Pass with Amendment” posture, then “Ought to Pass” with amendments, suggesting a path toward floor consideration.
- Amendment history:
- Amendment #2025-3044s was adopted by committee and subsequently reflected in the amended bill.
- Next steps (typical):
- If advanced, the bill would proceed to the full chamber for debate and vote, then to the other chamber (if applicable) and potential conference committee if there are differences.
- Final enactment would require signature by the governor or override provisions depending on NH procedures.

Notes
- The exact text of provisions (e.g., specific standards for safety, cost caps, pension of PPAs, and the scope of “advanced nuclear resources”) is not provided here. The summary reflects the bill’s stated categories and potential regulatory implications derived from the title and action history.
- The bill’s impact will depend on detailed language regarding: eligibility for nuclear ownership, cost recovery mechanisms, environmental and safety compliance, and how limitations on community generators are defined and enforced.

Compiled from official sources — confirm details with the bill’s official record.

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