Committee backs transferring low-income electric assistance from PUC to Department of Energy

Senate Bill 236, which would transfer administration of New Hampshire’s Electric Assistance Program from the Public Utilities Commission to the New Hampshire Department of Energy, won unanimous committee support on a voice and roll-call vote.

Supporters told the Science, Technology and Energy Committee the change is an administrative cleanup meant to align program oversight and fiscal authority in a single agency and to improve coordination with related household energy programs.

The bill moves the Electric Assistance Program (EAP) — funded by a portion of the system benefit charge — under the Department of Energy’s purview. Proponents argued the department already manages related federally funded programs and the single-agency approach would shorten the current two-step process that requires the PUC to hold adjudicative hearings on EAP adjustments while lacking direct control of the dedicated fund.

Senator Kevin Avard, the bill’s prime sponsor, told the committee, “SB 236 transfers the control of the electric assistance program from the Public Utilities Commission to the Department of Energy.” He said the bill preserves the program’s funding mechanism and gives the Department of Energy authority over “eligibility, benefits, spending, and ensuring continued support for low income electric consumers.”

Amanda Noonan of the New Hampshire Department of Energy said the EAP provides “very meaningful bill assistance to New Hampshire's most vulnerable households.” She told lawmakers the program serves between “30 and 32,000 households” and that discounts vary “from 5% to 86%” depending on need. Noonan said the fund is supplied through the system benefit charge and that the 1.5-mill cap on the low‑income portion of that charge is set in statute and can only be changed by the Legislature.

Noonan described the EAP fund’s mechanics: participating utilities collect the low‑income portion of the system benefit charge and either pay enrolled customers directly or deposit excess collections into a dedicated EAP fund held by the state treasurer; utilities request payments from the fund when collections fall short. She said that because the PUC lacks direct fiscal authority over the dedicated fund, the current process requires an extra step and associated expenses for adjudicative hearings. “It seems much more efficient for the Department to have oversight and administration of this program,” Noonan said, noting that the Department already administers the federally funded fuel assistance program and that the two programs share an intake and eligibility process.

Donald (Don) Kreese, the state consumer advocate, testified in favor of the bill and said he had worked on a companion bill (SB234) with advocacy groups. “I urge you to report this bill out of committee — ought to pass,” Kreese said, adding that the EAP advisory board has historically reached consensus on program matters and the Department has relevant program-management expertise.

Committee members asked about the fund balance, whether a wait list exists (Noonan said there is no current wait list), and whether the PUC had been consulted (Senator Avard and Noonan said they had not recently engaged the PUC on the bill). Lawmakers also questioned a statutory provision allowing a non‑adjudicative reduction in the charge if a significant balance builds; Noonan said the language dates back to the program’s earlier provisions and is intended to prevent large unspent balances.

On the committee floor, Chair Bose moved “ought to pass” and Vice Chair Wendy Thomas seconded. On a roll-call vote the committee adopted the motion 18-0. The committee placed SB 236 on the consent calendar for further processing.

The bill does not change the statutory cap (1.5 mills per kilowatt-hour) on the low‑income portion of the system benefit charge; that cap remains set by statute and can be changed only by the Legislature. For clarity, 1.5 mills per kilowatt-hour equals $0.0015 per kWh (0.15¢ per kWh).

Looking ahead, the Department of Energy would administer EAP policy decisions in public, non‑adjudicative proceedings with stakeholder comment and would continue to convene the EAP advisory board, which includes utilities, community action agencies, municipal welfare directors and the Office of the Consumer Advocate. The committee’s recommendation will be reported to the full House for consideration.