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Senate hears bill to move electric assistance program to Department of Energy and permit higher SBC cap for low‑income benefits

2344506 · February 18, 2025
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Summary

The committee heard testimony on SB 234 to move administration of the Electric Assistance Program (EAP) from the Public Utilities Commission to the Department of Energy and to set a 2.0‑mill ceiling for the low‑income portion of the system benefits charge.

Sen. David Waters introduced Senate Bill 234 to transfer administration of the state’s Electric Assistance Program (EAP) to the Department of Energy and to place the program’s advisory body into statute. The measure would also set the low‑income portion of the system benefits charge (SBC) at a maximum of 2.0 mills per kilowatt hour (currently capped at 1.5 mills under statute and order processes).

Megan Stone, legislative liaison with the Department of Energy, said the department is neutral on SB 234 and would participate in an EAP advisory body if the legislature moves the program. Stone noted differences between SB 234 and a companion bill from Senator Avard and said the department preferred Avard’s approach for moving administration. Stone raised an operational concern: changing the program year from Oct. 1 to Nov. 1 could leave a one‑month gap in administrative budget authority for benefit caps and program administration.

Steve Tower, managing attorney with New Hampshire Legal Assistance and EAP advisory board member, testified in support. He described the advisory board’s consensus work and said the bill’s language allowing the advisory committee’s unanimous recommendations to be implemented by the department is intended to prevent well‑vetted changes from languishing.

Tower and other witnesses described EAP as solvent under current funding but noted spikes in energy costs previously put the program at risk, and that raising the SBC ceiling would give DOE flexibility to increase benefits or cover more participants if need rises. The bill also codifies the advisory board and transfers program administration functions that now sit under the Public Utilities Commission to DOE.

The Department of Energy echoed the neutrality position and recommended careful attention to the program‑year timing and to whether the SBC cap increase is appropriate; Stone said the department can work with the committee and sponsor to refine language.

The hearing closed with no committee action recorded.