This bill mandates the department to investigate the implementation of a pole attachment rate formula and to develop and finalize such a formula if it meets specific criteria. The criteria include ensuring full compensation for pole owners for costs related to owning, maintaining, and operating poles due to attachments, non-discrimination among attaching entities, transparency, and the provision of just and reasonable rates. The department must complete this investigation and develop the formula by January 1, 2026, and the costs of the proceeding may be assessed to parties as per RSA 365:37, II. Following the investigation, the department is required to report its findings to the house science, technology and energy committee, and the senate energy and natural resources committee. Additionally, the commission must conduct a formal rulemaking to incorporate the formula based on the department's report within 30 days after the department's proceeding concludes.

The bill also grants the department the necessary authority to conduct this investigation and implement the subdivision, including requiring public utilities to maintain and report property information in a manner that supports accurate calculation of pole attachment rates and ensuring that attaching entities have timely access to relevant publicly available property information. However, an electric distribution utility that sets pole attachment rates based on a settlement approved by the commission on or before July 1, 2024, will continue to do so until the next commission-approved change of its base distribution rates after the commission concludes the investigation and any subsequent rulemaking. The act is set to take effect on July 1, 2024.

Statutes affected:
Introduced: 374:34-a
As Amended by the Senate: 374:34-a
As Amended by the House: 374:34-a
Version adopted by both bodies: 374:34-a
CHAPTERED FINAL VERSION: 374:34-a