CHAPTER 148
HB 139 - FINAL VERSION
05/18/2023 1875s
06/01/2023 2071s
2023 SESSION
23-0702
02/04
HOUSE BILL 139
AN ACT relative to hydrogen energy and establishing a hydrogen advisory committee.
SPONSORS: Rep. Chretien, Hills. 41
COMMITTEE: Science, Technology and Energy
─────────────────────────────────────────────────────────────────
AMENDED ANALYSIS
This bill establishes a hydrogen advisory committee in the department of energy.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/18/2023 1875s
06/01/2023 2071s 23-0702
02/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to hydrogen energy and establishing a hydrogen advisory committee.
Be it Enacted by the Senate and House of Representatives in General Court convened:
I. The use of hydrogen derived from a clean energy resource has the potential to be a zero- or very low-carbon source of energy for use in a variety of sectors, including high-heat industrial applications, zero-carbon electricity generation, and the gas distribution system. The use of hydrogen will contribute to clean energy jobs in the solar energy, wind energy, energy efficiency, energy storage, electric vehicle industries, and other renewable energy industries.
II. Hydrogen has the potential to serve as a storage fuel, especially for offshore wind energy, to increase reliability in electricity generation, and to promote the transition of other forms of power generation to a zero-or very low-carbon source of energy. Hydrogen can play a substantial role as a transportation fuel and as an industrial fuel.
III. Hydrogen infrastructure will enable New Hampshire businesses to develop generation and manufacturing facilities and take advantage of federal funding and investments from the offshore wind industry.
148:2 New Sections; Fuel Diversity; Hydrogen Advisory Committee; Definitions. Amend RSA 362-H inserting after section 2 the following new sections:
362-H:3 Hydrogen Advisory Committee Established. There is a hydrogen advisory committee established in the department of energy.
I. The advisory committee shall consist of:
(a) The commissioner of the department of energy, or designee.
(b) The commissioner of the department of business and economic affairs, or designee.
(c) The commissioner of the department of environmental services, or designee.
(d) The chair of the site evaluation committee, or designee.
(e) The commissioner of the department of transportation, or designee.
(f) The chair of the Pease development authority board of directors, or designee.
II. The advisory committee shall have the following duties:
(a) Examine the production of hydrogen from any renewable energy source.
(b) Investigate and evaluate existing state and federal laws, regulations and funding sources and recommend legislation related to the production, use, distribution and storage of hydrogen.
(c) Identify opportunities to integrate hydrogen in the transportation, energy, industrial, and other sectors.
(d) Identify barriers to the widespread development of hydrogen and recommend government policies to catalyze the deployment of hydrogen in the state economy.
(e) Consider a plan to create, support, develop, or partner with a Hydrogen Hub in this state, under federal funding provisions, and determine, how to maximize federal financial incentives to support Hub development.
(f) Consider the construction of a dedicated hydrogen pipeline or network of pipelines to serve users of hydrogen in this state, including power generation, transportation, manufacturing, and energy storage facilities.
(g) Consider facilities that result in the blending of hydrogen into existing natural gas transmission and distribution systems that serve residential, commercial, transportation, and industrial uses, and consider policy recommendations for inclusion of hydrogen production from fossil fuel feedstock.
(h) Streamline the permitting processes for hydrogen facilities and infrastructure, including other carbon use applications and any other issues that the committee deems necessary.
(i) Examine cost-effective industrial rates for hydrogen production and flexible energy generation configurations to maximize federal funding for hydrogen facilities, and serves the long-term interests of ratepayers, and cost-effectively avoids or defers distribution system costs.
(j) Review the safety standards regarding the production, use, distribution and storage of hydrogen by state agencies.
(k) Consider regenerative fuel cell generation by utilities or private entities that provides distribution system benefits, including, but not limited to, avoiding or deferring distribution capacity upgrades, and enhancing distribution system reliability, including, but not limited to, voltage or frequency improvements.
(l) Determine whether hydrogen energy and infrastructure projects with a capacity to generate over 20 MW of energy should be evaluated and approved by the site evaluation committee under RSA 162-H.
III. The advisory committee shall report to the governor, the president of the senate, the speaker of the house of representatives, the chair of senate energy and natural resources committee, the chair of house science, technology, and energy committee on October 1 of each year on its activities, findings, and recommendations.
362-H:4 Definitions; Hydrogen Electricity Generation. For purposes of RSA 362-H:3:
I. “Hydrogen” means hydrogen derived from a clean energy resource that uses water as the source of the hydrogen. For purposes of hydrogen electricity generation and hydrogen transmission, a hydrogen project may include associated clean energy generation, including regenerative fuel cells, transmission, and other infrastructure. Hydrogen electricity generation means a power plant technology in which an electrical generating unit creates electric power exclusively from electrolytic hydrogen, in a manner that produces zero carbon and co-pollutant emissions, using hydrogen fuel that is electrolyzed using a 100 percent zero carbon emission energy source. The term does not include hydrogen produced using steam reforming or any other conversion technology that produces hydrogen from fossil fuel feedstock.
II. “Hydrogen facility” means any combination of a physically connected generator or generators, associated prime movers, and other associated property, including appurtenant land and improvements and personal property, that are normally operated together to produce 20 average megawatts or more of electric power, in order to:
(a) Produce hydrogen through electrolysis technology;
(b) Store or transport hydrogen by means of a hydrogen pipeline for the transport or storage of hydrogen or a hydrogen storage system for the temporary storage of hydrogen in a vessel, pipeline, or geologic formation; or
(c) Convert hydrogen back to electricity through a hydrogen-capable power generation source.
III. “Regenerative fuel cell” means a device that produces hydrogen and oxygen from electricity and water and alternately produces electrical energy and water from stored hydrogen and oxygen.
148:3 New Paragraph; Division of Fire Safety; Hydrogen Facilities. Amend RSA 21-P:12 by inserting after paragraph VIII the following new paragraph:
IX. Participation in an advisory capacity in state agency siting of hydrogen facilities, transportation, and storage, and the permitting and coordination of state agency response to accidents at facilities that produce more than 20 MW of electricity, involving hydrogen and hydrogen gas safety, in coordination with the hydrogen advisory committee in RSA 362-H:3.
148:4 Prospective Repeals; 2030. The following are repealed:
I. RSA 362-H:3 and 4, relative to the hydrogen advisory committee and definitions.
II. RSA 21-P:12, IX, relative to the division of fire safety advisory capacity on hydrogen facilities.
I. Section 4 of this act shall take effect November 1, 2030.
II. The remainder of this act shall take effect July 1, 2023.
Approved: July 28, 2023
Effective Date:
I. Section 4 effective November 1, 2030
II. Remainder effective July 1, 2023