Out of Recess.

2000-4313-EBA

08/09

Enrolled Bill Amendment to HB 1457

The Committee on Enrolled Bills to which was referred HB 1457

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

This enrolled bill amendment corrects the report date in section 5 of the bill.

Enrolled Bill Amendment to HB 1457

Amend section 5 of the bill by replacing line 3 with the following:

the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2000.

Senator Trombly moved adoption.

2000-4261-EBA

03/01

Enrolled Bill Amendment to HB 1200-FN

The Committee on Enrolled Bills to which was referred HB 1200-FN

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

This enrolled bill amendment corrects the title of the bill to accurately reflect the contents of the bill.

Amend the title of the bill by replacing it with the following:

Senator Trombly moved adoption.

2000-4262-EBA

08/01

Enrolled Bill Amendment to HB 1357-FN

The Committee on Enrolled Bills to which was referred HB 1357-FN

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

This enrolled bill amendment makes a technical correction to the bill.

Amend section 2 of the bill by replacing line 1 with the following:

2 Repeal. 1988, 243, relative to retaining certain state-owned land overlooking Lake

Senator Trombly moved adoption.

2000-4250-EBA

08/09

Enrolled Bill Amendment to HB 1156

The Committee on Enrolled Bills to which was referred HB 1156

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

FOR THE COMMITTEE

This enrolled bill amendment renumbers an RSA section inserted by the bill, contingent upon the enactment of 2000, HB 1149.

Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3:

2 Contingency. If HB 1149 of the 2000 legislative session becomes law, then RSA 4:13-i as inserted by section 1 of this act shall be renumbered as RSA 4:13-j.

Senator Trombly moved adoption.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

HB 1143, relative to renaming New Hampshire route 28 in the town of Wolfeboro as the "Gary Parker Memorial Highway."

HB 1151, establishing a committee to study the creation of a New Hampshire local government records management trust and to consider funding alternatives.

HB 1614, naming 2 bridges.

SB 313, establishing a commission to study the relationship between postsecondary education and recipients of temporary assistance to needy families.

SB 339, relative to conducting a feasibility study of various alternatives to enhance safety at the traffic circle in the city of Portsmouth.

SB 456, relative to testing newborns for deafness.

Senator D'Allesandro moved adoption.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

HB 305, relative to a lease-purchase agreement between Cheshire county and the state for construction of a new district courthouse to be located in the town of Jaffrey and increasing a capital appropriation to the department of safety.

HB 1161, making technical changes to the New Hampshire Aeronautics Act and establishing a committee to study revisions to the state aeronautics laws.

HB 1334, relative to posting municipal roads.

HB 1583, increasing the education requirement for estheticians and manicurists and relative to the board of barbering, cosmetology, and esthetics.

Senator D'Allesandro moved adoption.

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled House and/or Senate Bills:

HB 1149, commemorating the anniversary of the founding of certain branches of the United States armed forces.

HB 1160, relative to access to the enhanced 911 system.

HB 1191, relative to the adoption of charter school and open enrollment provisions in cooperative school districts and authorized regional enrollment areas.

HB 1194, relative to the composition of planning boards in certain cities.

HB 1265, relative to registration of certain antique OHRVs.

HB 1322, relative to the regulation of certain outdoor advertising devices.

HB 1368, establishing a Civil War memorials commission for the construction and maintenance of New Hampshire Civil War monuments and memorials.

HB 1373, relative to payments of first and second mortgage home loans.

HB 1382, making it a felony for inmates to harass corrections personnel and others by propelling bodily fluids.

HB 1390, establishing a commission to study the relationship between public health and the environment.

HB 1422, relative to the composition of and procedures for the appellate board of the department of employment security.

HB 1450, relative to hearings and appeals of equal pay claims.

HB 1465, extending the reporting date of the committee to study the non-group health insurance market.

SB 186, relative to additional cost of living adjustments and increased minimum allowances for certain retired group II members, and relative to requiring spousal acknowledgement of a member's election of an optional retirement allowance.

SB 307, relative to biosolids and short paper fiber.

SB 322, extending the needle exchange pilot program.

SB 364, relative to benefits for permanent bodily losses under workers' compensation.

SB 370, relative to reflectors on bicycle pedals.

SB 390, relative to vested deferred retirement benefits for group II members.

SB 407, relative to dog licensure.

SB 417, allowing a beneficiary of an optional allowance under the New Hampshire retirement system to renounce his or her benefits.

SB 443, relative to veterinarian reimbursement for the animal population control program.

SB 455, relative to campgrounds.

Senator D'Allesandro moved adoption.

The House of Representatives has passed a Bill and a Resolution with the following titles, in the passage of which it asks the concurrence of the Senate:

HB 1452, codifying the powers and duties of the joint committee on legislative facilities.

HCR 35, urging the United States Food and Drug Administration to defer its proposed rules requiring pasteurization for apple cider and consider adoption of alternative processing standards.

Senator Cohen offered the following Resolution:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 1452 - HCR 35 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.

First and Second Reading and Referral

HB 1452, codifying the powers and duties of the joint committee on legislative facilities. Energy and Economic Development

HCR 35, urging the United States Food and Drug Administration to defer its proposed rules requiring pasteurization for apple cider and consider adoption of alternative processing standards. Wildlife and Recreation

Senator Fernald served notice of reconsideration on HB 1621-FN, allowing administrative home confinement for habitual offenders.

Senator Cohen moved that the business of the day being complete that the Senate now adjourn until Wednesday, May 3, 2000 at 3:00 p.m.

The Senate met at 3 p.m.

A quorum was present.

The prayer was offered by Father David P. Jones, Senate Chaplain.

Senator D’Allesandro led the Pledge of Allegiance.

Senator Trombly served notice of reconsideration on HB 1253, establishing a 4-year term for the commissioner of the department of corrections.

Senator Larsen served notice of reconsideration on SB 431, relative to certain secondary vocational education programs.

The House of Representatives concurs with the Senate in the passage of the following entitled Bill, with amendment, in the passage of which amendment the House asks the concurrence of the Senate:

SB 434-FN-L, exempting soil that is contaminated by lead due to use as a police training shooting range from hazardous waste cleanup fund fees.

SB 434-FN-L, exempting soil that is contaminated by lead due to use as a police training shooting range from hazardous waste cleanup fund fees.

Senator Russman moved to concur.

SB 472, relative to final authorization of electric rate reduction financing and commission action. Energy and Economic Development Committee. Vote 7-0. Ought to pass with amendment, Senator Below for the committee.

2000-4333s

03/10

Amend RSA 369-B:1-3 as inserted by section 2 of the bill by replacing it with the following:

369-B:1 Declaration of Purpose and Findings. The general court finds that:

I. The restructuring of electric utilities to allow retail electric competition and less costly regulation is in the public interest. New Hampshire is implementing such restructuring to create retail customer choice, which will provide retail electric service at lower costs.

II. The divestiture of electric generation by New Hampshire electric utilities will facilitate the competitive market in generation service. Further, the proceeds of generation divestitures may decrease rates for the customers of transmission and distribution utilities.

III. The establishment of structured financing options for electric utilities will facilitate reductions in transmission and distribution rates for all customer classes, thereby advancing the near term rate relief principle of RSA 374-F:3, XI, without creating any debt or financial obligation of the state or other adverse impacts upon the state's finances or credit rating.

IV. The state agrees that its pledge, contract, and agreement and the pledge of the commission not to impair the rights or remedies of holders of rate reduction bonds creates a secure expectation of repayment on the part of bondholders.

V. Pursuant to 1999, 289:3, I, the commission has held hearings regarding the original proposed settlement to restructure the Public Service Company of New Hampshire (PSNH) and has issued its April 19 order, accepting the proposed settlement agreement as being in the public interest and consistent with New Hampshire law, and as a final resolution of the dockets listed therein, subject to the conditions listed in the April 19 order.

VI. Pursuant to 1999, 289:3, I, the commission has held hearings with respect to the securitization proposal contained in the proposed Settlement Agreement and has found that implementation of that securitization proposal, subject to the conditions listed in the April 19 order, will result in benefits to customers that are substantially consistent with the principles contained in RSA 374-F:3 and RSA 369-A:1, X and with RSA 369-A:1, XI.

VII. Implementation of that securitization proposal, subject to the conditions listed in the April 19 order, and as further modified in this chapter, will result in benefits to customers that are

substantially consistent with the principles contained in RSA 374-F:3 and RSA 369-A:1, X and with

RSA 369-A:1, XI.

VIII. Implementation of that securitization proposal requires enactment of further enabling legislation by the general court, and it is in the public interest to pass such further enabling legislation in the form of this chapter.

IX. Approval by the commission of a finance order for PSNH that incorporates the April 19 order, that satisfies the conditions of RSA 369-B:3, IV(b), and that is otherwise substantially consistent with RSA 374-F:3, RSA 369-A:1 and RSA 369-B:1 is in the public interest.

369-B:2 Definitions. In this chapter:

I. "April 19 order" means commission Order No. 23,443 in Docket DE 99-099 as it was issued on April 19, 2000, excluding any subsequent amendments.

II. "Commission" means the public utilities commission established in RSA 363, as it may be constituted from time to time, and any successor agency exercising functions similar in purpose to such commission.

III. "Finance order" means an order of the commission adopted prior to or following the effective date of this chapter pursuant to 1999, 289:3, I, pursuant to this chapter, or pursuant to both 1999, 289:3, I and this chapter.

IV. "Financing entity" means any special purpose trust, limited liability company, non-profit corporation, or other entity that is authorized in accordance with the terms of a finance order to issue rate reduction bonds, acquire RRB property, or both on behalf of the electric utility, or any combination of such entities.

V. "Original proposed settlement" means the "Public Service Company of New Hampshire Restructuring Settlement Agreement" filed with the commission on August 2, 1999.

VI. "PSNH" means the Public Service Company of New Hampshire.

VII. "Rate reduction bonds" ("RRB") means bonds, notes, certificates of participation or beneficial interest, or other evidences of indebtedness or ownership, issued pursuant to an executed indenture or other agreement of a financing entity, in accordance with this chapter, 1999, 289:3, I and II, and RSA 369-A, the proceeds of which are used, directly or indirectly, to provide, recover, finance, or refinance RRB costs, and which, directly or indirectly, are secured by, evidence ownership interests in, or are payable from, RRB property.

VIII. "Retail electric service" means the delivery of electric power through the provision of transmission and/or distribution service by an electric utility to a retail customer within its service territory or territories, regardless of such retail customer's source of electric power, and shall include any back-up, maintenance, emergency, and other delivery service provided to a retail customer by an electric utility.

IX. "Retail customer" means any person or entity purchasing directly or otherwise obtaining or being supplied directly with retail electric service for end use consumption, including those served under special contracts.

X. "RRB charge" means those retail electric service rates and similar charges that are authorized by the commission in a finance order to recover those RRB costs that are eligible to be funded with the proceeds of rate reduction bonds pursuant to this chapter and the costs of providing, recovering, financing, or refinancing such RRB costs through a plan approved by the commission in the finance order, including the costs of issuing, servicing, and retiring rate reduction bonds. The RRB retail electric service rate or charge authorized by the commission may vary by cost of service, customer class, and between special contract customers. All RRB charges shall be assessed on a per kilowatt-hour basis.

XI. "RRB costs" means expenditures which are incurred by an electric utility or which an electric utility is obligated to incur either prior to or subsequent to the effective date of this chapter, and costs approved by the commission to mitigate such expenditures, as shall be designated in a finance order approved by the commission and which may include but are not limited to:

(a) Expenditures incurred in respect of generation assets, entitlements, and acquisition premiums.

(b) Expenditures incurred in respect to the buyout, buydown, restructuring or renegotiation of wholesale purchase power contracts.

(c) Expenditures incurred in respect to regulatory assets.

(d) Expenditures incurred to refinance or retire existing debt or existing equity capital of the electric utility and any costs related thereto.

(e) Amounts necessary to recover federal or state taxes actually paid by an electric utility, which tax liability recovery is modified by the transactions approved in a finance order issued by the commission pursuant to this chapter.

(f) Reasonable costs, as approved by the commission, relating to the issue, servicing, or refinancing of rate reduction bonds under the provisions of this chapter, including, without limitation, principal and interest payments and accruals, sinking fund payments, debt service and other reserves, costs of credit enhancement, indemnities, if any, owed to the state or the trustee for the rate reduction bonds, issuance costs and redemption premiums, if any, and all other reasonable fees, costs, and charges in respect of rate reduction bonds.

XII. "RRB property" means the irrevocable vested property right created pursuant to this chapter and one or more finance orders, including, without limitation, the right, title, and interest of an electric utility or a financing entity in and to all revenues, collections, claims, payments, money, or proceeds of or arising from the RRB charge authorized to be imposed and collected pursuant to such finance orders to recover RRB costs and the costs of paying, financing, reimbursing, or refinancing the RRB costs, including the reasonable costs of issuing, servicing, and retiring rate reduction bonds, and in and to all rights to obtain adjustments to such RRB charge pursuant to the terms of RSA 369-B:4, III and the finance order, all as determined by the commission in its approval of such finance orders. "RRB property" shall constitute a current and irrevocable vested property right, notwithstanding the fact that the value of such property right may depend upon electricity usage or the performance of certain services.

XIII. "Security interest" means a security interest as defined in RSA 382-A:1- 201(37).

XIV. "Service territory" means, with respect to any electric utility, the geographic area established by the commission as the retail electric service territory of such electric utility, as such territory is depicted on the "Electric Utilities Franchise Areas" map issued by the commission, dated July 1, 1993, together with any other geographic area in which such electric utility actually provided retail electric service on such date.

369-B:3 Authority to Issue Finance Orders to Finance RRB Costs.

I. The commission is authorized, upon the petition of an electric utility and after a hearing, to issue one or more finance orders pursuant to which rate reduction bonds shall be issued, if the commission finds that the issuance of such finance order or finance orders is in the public interest as set forth in RSA 369-B:1, IX. Any finance order adopted pursuant to 1999, 289:3, I and II prior to the effective date of this chapter shall, following the effective date of this chapter, be deemed to be authorized by, and adopted and ratified pursuant to, this chapter, provided the commission has made the required finding pursuant to RSA 369-B:3, IV(b).

II. Notwithstanding any law, rule, or regulation to the contrary, except as otherwise provided in RSA 369-B:4, III with respect to RRB property, the finance orders and the RRB charge authorized to be imposed and collected pursuant to such finance orders shall be irrevocable, and the commission shall not have authority either by rescinding, altering, or amending the finance order or otherwise, to directly or indirectly, revalue or revise for ratemaking purposes the RRB costs, or the costs of providing, recovering, financing, or refinancing the RRB costs, determine that such RRB charge is unjust or unreasonable, or in any way reduce or impair the value of RRB property either directly or indirectly by taking such RRB charge (other than any portion of such RRB charge constituting a servicing fee payable to the electric utility) into account when setting other rates for the electric utility; nor shall the amount of revenues arising with respect thereto be subject to reduction, impairment, postponement, or termination.

III. Notwithstanding any law, rule, or regulation to the contrary, any requirement under this chapter, under 1999, 289:3, I and II, under RSA 369-A, or under a finance order that the commission take action with respect to the subject matter of a finance order shall be binding upon the commission, and the commission shall have no authority to rescind, alter, or amend that requirement.

IV. The commission shall only issue finance orders that:

(a) Authorize the issuance of no more than $137,000,000 in rate reduction bonds to finance renegotiated agreements of the existing wholesale power purchase agreements between PSNH and the 6 wood-to-energy facilities and the one trash-to-energy facility; or

(b) Authorize the issuance of no more than $688,000,000 in rate reduction bonds, exclusive of the amount authorized in subparagraph (a), as part of a settlement approved by the commission under RSA 374-F to implement electric utility restructuring within the service territory of PSNH. Any finance order that is issued under subparagraph (b) shall contain a finding by the commission that the rate reduction bonds authorized by the finance order are consistent with the approved settlement and that implementing the terms of the approved settlement shall result in the following:

(1)(A) Prior to March 1, 2001, PSNH shall supply transition service in its retail electric service territory. Subsequent to February 28, 2001, any provider of transition service shall have been chosen through a competitive bid process, administered by the commission, to provide such service;

(B) Transition service for residential customers and small commercial customers that do not have installed demand meters shall be available through February 28, 2003. Through February 28, 2001, the price of transition service for these customers shall be $0.042 per kilowatt-hour. From March 1, 2001 to February 28, 2002, the price of transition service for these customers shall be $0.044 per kilowatt-hour, or the competitively bid price for transition service, whichever is less. From March 1, 2002 to February 28, 2003, the price of transition service for these customers shall be $0.046 per kilowatt-hour, or the competitively bid price for transition service for these customers, whichever is less. If the competitively bid price exceeds these fixed prices, the differences shall be reconciled for these customers in the manner prescribed in the original proposed settlement. At the end of the transition service period, up to 25 percent of the customers who have not chosen a competitive supplier may be assigned randomly to registered competitive suppliers other than the transition service supplier or suppliers. The commission must find such random assignment to be in the public interest. The commission shall develop procedures and regulations for this assignment process. Any random assignment must be approved by an individual customer;

(C) Transition service for all other customers shall be available through February 28, 2002. Through February 28, 2001, the price of transition service for these customers shall be $0.042 per kilowatt-hour. From March 1, 2001 to February 28, 2002, the price of transition service for these customers shall be the competitively bid price for transition service;

(D) Any difference between the price of transition service prior to March 1, 2001, and PSNH's actual, prudent and reasonable costs of providing such power shall first be separated between the two groups of customers described in subparagraphs (B) and (C), and then reconciled for that group of customers in the manner prescribed in the original proposed settlement; and

(E) The commission shall retain the authority to reject any or all bids for transition service at its sole discretion if it finds such action to be in the public interest;

(2) No amount shall be securitized which was not listed as part of the $688,000,000 proposed for securitization in the April 19 order;

(3) Customer savings through reductions of stranded costs shall be not less than the total amount contained in the April 19 order, including the $367,000,000 contained in the original proposed settlement, the $6,200,000 resulting from the settlement of issues pertaining to the New Hampshire electric cooperative, and all additional amounts contained in the April 19 order;

(4) In the event that PSNH or its parent company is acquired or otherwise sold or merged, such merger, acquisition, or sale shall be subject to the jurisdiction of the commission under RSA 369, RSA 374, RSA 378 or other relevant provisions of law, and the merger, acquisition, or sale shall be approved only if it is shown to be in the public interest;

(5)(A) The delivery service charge shall be fixed for a period of 30 months from the effective date of the commission-approved settlement, except as provided herein, at $0.027 per kilowatt-hour for the first year and $0.028 per kilowatt-hour for months 13 through 30;

(B) In the event of a merger, acquisition or sale of PSNH or its parent company prior to 5 years after the effective date of the commission-approved settlement, the delivery service charge shall be fixed, except as provided herein, at $0.027 per kilowatt-hour from the effective date of the merger, acquisition or sale until 5 years after the effective date of the commission-approved settlement;

(C) At any time after such a merger, acquisition or sale, the commission has the authority to reduce the delivery service charge, upon petition by other parties or under its own authority, to reflect additional cost savings that result from the merger, acquisition or sale in excess of those assumed to create the rate savings in subparagraph (B);

(D) Beginning 30 months after the effective date of the commission-approved settlement, the commission has the authority to increase this delivery service charge upon petition and demonstration by PSNH that its achieved return on equity for the previous 12 months is less than 5 percent before taxes;

(6) If any rated rate reduction bonds, rated Triple-A by any major bond credit rating specialist, are issued prior to October 31, 2000, with an all-in cost greater than 7.25 percent, PSNH assumes all incremental costs of servicing the bonds resulting from exceeding the 7.25 percent rate;

(7) The total systems benefit charge shall be fixed at $0.002 per kilowatt-hour for 24 months from the effective date of the commission-approved settlement, divided between low-income assistance and energy efficiency/conservation programs;

(8) All currently existing opportunities shall be continued for retail customers to generate or acquire electricity for their own use, other than through retail electric service, without an exit fee;

(9) Non-discriminatory open access to PSNH's transmission system shall be available to customers, electricity suppliers, marketers, aggregators, and municipal electric utilities, with charges based only on rates set by federal regulations, plus the actual cost of service for any services not subject to federal price regulation;

(10) The stranded cost recovery charge, averaged over all customers, shall not exceed $0.0340 per kilowatt-hour, and its duration shall not exceed the estimated amount as provided in the April 19 order, except in accordance with the provisions for adjustment contained in the April 19 order. Any changes in the delivery service charge, stranded cost recovery charge, transition service charge, systems benefit charge, or any other charge from those estimated in the April 19 order shall be applied as an equal change in the cost per kilowatt-hour for all customer classes;

(11) There shall be no changes to the April 19 order that have or may have, as determined by the commission in the finance order, an adverse financial impact on ratepayers, unless additional write-offs or other ratepayer benefits are provided, in addition to those provided by the conditions of this subparagraph (b) and by the April 19 order, to adequately compensate for such adverse financial impacts;

(12) The commission may not order changes in the total rates of customers taking service under special contracts approved pursuant to RSA 378:18 for the duration of those special contracts in effect as of May 1, 2000;

(13) During any sale of electricity generation assets required by this settlement, neither PSNH, nor any affiliate of PSNH, nor any company that would become an affiliate of PSNH if an announced merger, acquisition or sale were to be consummated, may bid for those assets; and

(14) Municipalities which seek to purchase PSNH hydro-electric small-scale electric facilities, as defined in RSA 374-D:1, may, prior to July 1, 2001, petition the commission pursuant to RSA 38:9, prior to holding the vote of qualified voters provided for in RSA 38:3, 38:4, or 38:5, for a determination of the fair market value of the facility in the event that the municipality and PSNH are unable to agree to a price to be paid for the facility. The commission should hire an independent, qualified asset valuation specialist to conduct the asset valuation process. If this option is chosen, all votes required by RSA 38:3, 38:4, or 38:5 must be held prior to the expiration of the time limit required for the ratification vote under RSA 38:13.

V. An affirmative finding by the commission under subparagraph IV(b) that all of the conditions listed under such subparagraph are met shall wholly and permanently satisfy the requirements of that subparagraph and no future challenge to the finding shall in any way lessen such satisfaction.

Amend RSA 369-B:4, VI-VIII as inserted by section 2 of the bill by replacing them with the following:

VI. Prior to January 1, 2001, the commission shall establish charges for retail customers that purchase or otherwise obtain or are supplied back-up, maintenance or standby electricity from an electric utility. Such charges shall be just and reasonable, shall not create a disincentive for retail customers to self-generate or acquire electricity for their own use, and shall not be designed in a manner that creates a charge similar to or has the same effect as an exit fee.

VII. Notwithstanding any statutory or regulatory language to the contrary, end users who generate or acquire electricity for their own use as permitted by existing law and regulation in effect as of January 1, 2000 shall not be subject to an exit fee in whole or in part. An exit fee is any rate or charge that is based in whole or in part on the amount of electric power and or retail electric service a customer might have purchased from or through an electric utility but does not, for any reason. End users who generate electricity for their own use shall include joint users of electricity, including their on site successors and assigns, who are using electricity generated or acquired primarily for their own use at a site owned by one or more of such users.

VIII. In the event of the municipalization of a portion of an electric utility’s service territory, the commission shall, in matters over which the Federal Energy Regulatory Commission does not have jurisdiction, or has jurisdiction but chooses to grant jurisdiction to the state, determine, to a just and reasonable extent, the consequential damages such as stranded investment in generation, storage, or supply arrangements resulting from the purchase of plant and property from the electric utility and RRB costs, and shall establish an appropriate recovery mechanism for such damages. Any such damages shall be established, and shall be allocated between the RRB charge and other rates and charges, in a just and reasonable manner.

2000-4333s

AMENDED ANALYSIS

This bill permits an electric utility to retain up to 20 percent of the savings from a renegotiation approved by the public utilities commission. It establishes the terms and conditions under which the public utilities commission can issue finance orders authorizing the issuance of rate reduction bonds. The bill also describes how a secured interest in the rate reduction property can be created and perfected.

Senator Trombly move that Senate Rule #22A be suspended as to allow for SB 466 to be before the body without a committee recommendation.

SB 466, relative to lot rent increases at manufactured housing parks. Public Affairs Committee. No recommendation.

SB 465-FN-L, relative to the definition of "sugar orchard" for purposes of the timber yield tax. Ways and Means Committee. Vote 6-0. Ought to pass with amendment, Senator Below for the committee.

2000-4274s

09/01

Amend the bill by replacing all after the enacting clause with the following:

1 Intent. It is the intent of the general court that the enactment of a definition of the term "sugar orchard," pursuant to section 2 of this act, should not cause the current use board to classify sugar orchards as other than forest land.

2 New Paragraph; Definition; Sugar Orchard. Amend RSA 79:1 by inserting after paragraph VII the following new paragraph:

VIII. "Sugar orchard" means a stand of Sugar Maple (Acer saccharum) and/or Red Maple (Acer rubrum) used primarily as a source of sap for the production of maple syrup or related maple products. Such stands shall have clearly established boundaries, and a defined area. In the stand, 50 percent or more of the average basal area of all live trees 2 inches or greater diameter at breast height (dbh) shall be composed of Sugar Maples and/or Red Maples. The area and boundaries of a sugar orchard shall be certified by a licensed forester.

3 Effective Date. This act shall take effect 60 days after its passage.

Senator Johnson moved to have SB 457, relative to ownership of certified public accounting firms, taken off the table.

SB 457, relative to ownership of certified public accounting firms.

Senator Fernald moved to have HB 1560-FN, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system.

HB 1560-FN, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system.

Senator Cohen moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, that the bills ordered to third reading be read a third time by this resolution, all titles be the same as adopted and that they be passed at the present time.

Senator Larsen having voted on the prevailing side, moved reconsideration on SB 431, relative to certain secondary vocational education programs, whereby we concurred with the House amendment.

SB 431, relative to certain secondary vocational education programs.

Senator Larsen moved to nonconcur and requests a Committee of Conference.

The President, on the part of the Senate, has appointed as members of said Committee of Conference:

Senator Cohen moved that the Senate be in recess for the sole purpose of introducing legislation, referring bills to committee and scheduling hearings, enrolled bills and amendments and that when we adjourn we adjourn to Wednesday, May 11, 2000 at 10:00 a.m.

SB 457, relative to ownership of certified public accounting firms.

SB 465-FN-L, relative to the definition of "sugar orchard" for purposes of the timber yield tax.

SB 472, relative to final authorization of electric rate reduction financing and commission action.

HB 1560-FN, relative to the purchase of certain prior service by county corrections officers in the New Hampshire retirement system.