SB 591 New Hampshire Senate · 2026 Regular Session

allowing utility companies to own or build generation facilities.

SB 591 allows New Hampshire electric utilities to own or build power generation facilities under specific conditions, directly affecting utility companies and their customers (ratepayers). The bill requires approval from the Public Utilities Commission, limits new facilities to 400 megawatts, and mandates that projects must serve the public interest while benefiting ratepayers and taxpayers. Utilities may also enter 20-year power agreements for these facilities, subject to environmental and permitting rules. This policy change modifies existing law to permit limited utility reentry into power generation, aiming to support energy reliability and economic needs.

Bill status signed all 5 stages cleared

Introduction

Nov 2025

Committee Review

Apr 2026

Senate Passage

Feb 2026

House Passage

Apr 2026

Signed into Law

May 2026

Introduced Nov 25, 2025 Signed May 29, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

Version adopted by both bodies → CHAPTERED FINAL VERSION · 3 edits

MINOR

No substantive policy changes occurred between the version adopted by both bodies and the final chaptered version. The changes are purely procedural: the bill was assigned Chapter 108, sections were renumbered to match the chapter format (e.g., section 1 became 108:1), the fiscal note and methodology sections were removed (as they are not part of enacted law), and an approval date (May 28, 2026) and effective date (July 27, 2026) were added.

TECHNICAL

Section numbers changed from generic (1, 2, 3) to chapter-specific format (108:1, 108:2, 108:3) as required when a bill is enrolled as a chapter.

The fiscal note, methodology explanation, and agencies contacted sections were removed, as these are legislative process documents not included in the final enacted law.

TIMELINE

Approval date of May 28, 2026 and effective date of July 27, 2026 were added to the final version.

Introduced → As Amended by the Senate · 7 edits

MODERATE

The Senate amendment fundamentally rewrites the bill, shifting it from creating new authority for utilities to own large generation facilities (up to 400 MW) to amending existing rules governing distributed energy resource investments. The cap on utility-owned distributed generation is raised from 6% to 10% of peak load, a non-renewable generation restriction is deleted entirely, and a new cost-benefit standard is added for PUC approval decisions.

Scope change

The bill's scope narrowed dramatically from a broad new authority for utilities to own large generation facilities (up to 400 MW) to amendments of existing distributed energy resource investment rules under RSA 374-G. The title changed from 'allowing utility companies to own or build generation facilities' to 'relative to electric utility investment in distributed energy resources.'

SCOPE

The entire section allowing utilities to own or operate generation facilities up to 400 MW (with PUC approval, 20-year PPAs, and environmental compliance conditions) was deleted. The bill no longer creates new authority for large-scale utility-owned generation.

The state policy declaration permitting 'limited reentry by electric utilities into the generation market' was deleted entirely.

REQUIREMENT

The cap on cumulative distributed electric generation owned by or receiving investments from a utility was increased from 6 percent to 10 percent of the utility's total distribution peak load in megawatts.

A provision that blocked utilities from adding non-renewable generation once cumulative generation reached 3% of peak load (until renewable generation equaled twice the sum of class I and II renewable portfolio standards) was deleted entirely, removing a significant constraint on fossil fuel investment.

A new authorization standard was added requiring that the expected value of economic benefits (direct and indirect) to ratepayers over the life of an investment must outweigh the economic costs to ratepayers before PUC approval.

ELIGIBILITY

The energy storage exemption from the generation cap was broadened: the term 'front-of-meter' was removed and the reference to a specific pilot (commission order 26,209) was deleted, making all energy storage exempt regardless of location or program.

FISCAL

Specific dollar estimates for state utility cost increases ($277,000+ in FY2027, $930,000+ in FY2028-29) were removed from the fiscal note. The LBA noted it is awaiting information from the PUC and added that the Department of Energy estimates consulting costs of $150,000-$250,000 per petition, paid by the petitioning utility.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

May 29, 2026

Signed into law

Signed by the Governor on 05/28/2026; Chapter 108; Effective 07/27/2026

upper

Apr 23, 2026

Lower · Passed

Ought to Pass: MA DV 180-151 04/23/2026 HJ 11 P. 73

lower

Apr 15, 2026

Lower · Passed

Minority Committee Report: Inexpedient to Legislate

lower

Apr 15, 2026

Lower · Passed

Majority Committee Report: Ought to Pass 04/13/2026 (Vote 11-7; RC)

lower

Mar 16, 2026

Introduced

Introduced (in recess of) 03/12/2026 and referred to Science, Technology and Energy HJ 8 P. 114

lower

Feb 24, 2026

Upper · Passed

Ought to Pass with Amendment #2026-0779s, MA, VV; OT3rdg; 03/05/2026; SJ 5

upper

Feb 24, 2026

Upper · Passed

Committee Amendment # 2026-0779s, AA, VV; 03/05/2026; SJ 5

upper

Feb 17, 2026

Upper · Passed

Committee Report: Ought to Pass with Amendment # 2026-0779s, 03/05/2026; Vote 5-0; CC; SC 8

upper

Nov 25, 2025

Introduced

Introduced 01/07/2026 and Referred to Energy and Natural Resources; SJ 1

upper

1 primary · 5 co-sponsors