Committee approves bill that allows off'grid electricity providers but keeps other safety and permitting requirements

The Science, Technology and Energy Committee on March 4 voted 12-5 in favor of HB 672 as amended, a bill that establishes "off-grid electricity providers" as a category of sellers of electric energy that are not regulated as public utilities under RSA Title 34 but remain subject to other laws and local building codes.

The amendment spells out that off-grid providers "are not public utilities," explicitly references "RSA title 34" for the statutory chapters from which the providers are exempt, and adds language to clarify that providers are still subject to other applicable laws and regulations "such as municipal and state highway safety regulations." The amendment also references RSA 162-H, the State site evaluation statute, in response to questions about transmission lines crossing highways or government land.

Supporters said the bill is enabling legislation designed to allow contract-based sales of electricity between a private generator and a buyer (for example, a producer on one parcel and a high-demand facility next door). Representative Vos's amendment sponsor said the arrangement would be governed primarily by contract law; if a party disputed contract terms, the courts would provide oversight. Committee members repeatedly emphasized that the exemption applies to state utility regulatory chapters and does not remove obligations under federal regulation (for example, NRC oversight of nuclear plants) or environmental and local permitting.

Opponents raised safety and consumer-protection concerns. Representative Korman said she would vote against the bill despite having cosponsored it, citing worries about "someone really just unregulated running their own power plant" and the potential for fires that ignore property lines. Representative Wendy Thomas and Representative Swanson also said the proposal risked creating a "wild west" if safety boundaries and enforcement were not clear.

Committee debate noted specific safeguards: local building permits and inspections, DES and EPA permitting (for discharges or ground disturbance), and requirements triggered if a distribution or transmission line crosses public roadways. The sponsor said many terms would be defined in private contracts and that disputes would go to courts. The committee adopted amendment 0627H and then voted 12-5 in favor of the bill as amended; the committee majority will file a report supporting the bill and Representative Wendy Thomas filed a minority report opposing the measure.

The bill establishes a statutory posture for off-grid electricity sales and leaves oversight of safety, environmental permits and local building codes in place while exempting participants from RSA Title 34 utility regulation. The committee record and votes are part of the official minutes and will be included in the committee report.