HB 1401 – AS INTRODUCED
2012 SESSION
09/04
HOUSE BILL 1401
AN ACT relative to site evaluations and certificates for energy facilities.
SPONSORS: Rep. Suzanne Smith, Graf 7; Rep. Cooney, Graf 7; Rep. Townsend, Graf 10; Rep. Taylor, Graf 2; Rep. Aguiar, Graf 6; Sen. Merrill, Dist 21; Sen. Larsen, Dist 15
COMMITTEE: Science, Technology and Energy
This bill changes certain procedures for site evaluations and certificates for energy facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2636
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to site evaluations and certificates for energy facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Declaration of Purpose. Amend RSA 162-H:1 to read as follows:
162-H:1 Declaration of Purpose. The legislature recognizes that the selection of sites for energy facilities, including the routing of high voltage transmission lines and energy transmission pipelines, will have a significant impact upon the welfare of the population, the location and growth of industry, the overall economic growth of the state, the environment of the state, and the use of natural resources. Accordingly, the legislature finds that it is in the public interest to maintain a balance between the environment and the need for new energy facilities in New Hampshire; that undue delay in the construction of needed facilities be avoided and that full and timely consideration of environmental consequences be provided; that all entities planning to construct facilities in the state be required to provide full and complete disclosure to the public of such plans; and that the state ensure that the construction and operation of energy facilities is treated as a significant aspect of land-use planning in which all environmental, economic, and technical issues are [resolved] evaluated in an integrated fashion, all to assure that the state has an adequate and reliable supply of energy in conformance with sound environmental principles. The legislature, therefore, hereby establishes a procedure for the review, approval, monitoring, and enforcement of compliance in the planning, siting, construction, and operation of energy facilities.
2 Powers of the Committee. Amend RSA 162-H:4, I(a) to read as follows:
(a) Issue or deny any certificate under this chapter for an energy facility.
3 Application for Certificate. Amend RSA 162-H:7, VI-a to read as follows:
VI-a. Within [30] 60 days after acceptance of the application, the committee shall hold at least one public hearing in each county in which the proposed facility is to be located, in accordance with RSA 162-H:10.
4 Application for Certificate. RSA 162-H:7, VI-d is repealed and reenacted to read as follows:
VI-d. Within 24 months of the acceptance of an application for an energy facility that (i) is a new electric transmission line of a design rating in excess of 200 kilovolts that is in excess of 10 miles in length; or (ii) is electric generating station equipment and associated facilities designed for, or capable of, operation at any capacity of 100 megawatts or more, the committee shall issue or deny a certificate for an energy facility. The committee shall issue or deny a certificate for any other energy facility within 9 months of the acceptance of an application, unless the application qualifies for the time frames for review specified in RSA 162-H:6-a.
5 Counsel for the Public; Costs of Experts, Consultants, and Intervenors. Amend RSA 162-H:9 to read as follows:
162-H:9 Counsel for the Public; Costs of Experts, Consultants, and Intervenors.
I. Upon notification that an application for a certificate has been filed with the committee in accordance with RSA 162-H:7, the attorney general shall appoint an assistant attorney general as a counsel for the public. The counsel shall represent the public in seeking to protect the quality of the environment in seeking to secure demonstrable public benefits in New Hampshire, and in seeking to assure an adequate supply of energy. The counsel shall be accorded all the rights and privileges, and responsibilities of an attorney representing a party in formal action and shall serve until the decision to issue or deny a certificate is final.
II. This section shall not be construed to prevent any person from being heard or represented by counsel; provided, however, the committee may compel consolidation of representation for such persons as have, in the committee's reasonable judgment, substantially identical interests.
III. The applicant for a certificate for an energy facility shall pay for the costs of experts and consultants retained by the public and any intervenors to the proceeding.
6 Public Hearing. Amend RSA 162-H:10, I to read as follows:
I. Within [30] 60 days after acceptance of an application for a certificate of site and facility, pursuant to RSA 162-H:7, the site evaluation committee shall hold at least one joint public hearing in each county in which the proposed facility is to be located and shall publish a public notice not less than [14] 30 days before said hearing in one or more newspapers having a regular circulation in the county in which the hearing is to be held, describing the nature and location of the proposed facilities. The public hearings shall be joint hearings, with representatives of the other agencies that have jurisdiction over the subject matter and shall be deemed to satisfy all initial requirements for public hearings under statutes requiring permits relative to environmental impact. The hearings shall be for public information on the proposed facilities with the applicant presenting the information to the site evaluation committee and to the public. Notwithstanding any other provision of law, the hearing shall be a joint hearing with the other state agencies and shall be in lieu of all hearings otherwise required by any of the other state agencies; provided, however, if any of such other state agencies does not otherwise have authority to conduct hearings, it may not join in the hearing under this chapter; provided further, however, the ability or inability of any of the other state agencies to join shall not affect the composition of the committee under RSA 162-H:3 nor the ability of any member of the committee to act in accordance with this chapter.
7 Studies. Amend RSA 162-H:10, V to read as follows:
V. The site evaluation committee and counsel for the public shall [jointly] conduct such reasonable studies and investigations as they deem necessary or appropriate to carry out the purposes of this chapter and may employ a consultant or consultants, legal counsel and other staff in furtherance of the duties imposed by this chapter, the cost of which shall be borne by the applicant in such amount as may be approved by the committee. The site evaluation committee and counsel for the public are further authorized to assess the applicant for all travel and related expenses associated with the processing of an application under this chapter.
8 Temporary Suspension of Deliberations. Amend RSA 162-H:14, I to read as follows:
I. If the site evaluation committee at any time during its deliberations relative to an application for a certificate deems it to be in the public interest, it may temporarily suspend its deliberations and time frame established under RSA 162-H:7, including for the purposes of providing additional opportunities for public participation or of the completion of studies by the committee or the counsel for the public under RSA 162-H:10, V.
9 Findings and Certificate Issuance. Amend RSA 162-H:16, IV to read as follows:
IV. The site evaluation committee, after having considered [available] all reasonable alternatives and fully reviewed the environmental impact of the facility and the site or route, and other relevant factors bearing on whether the objectives of this chapter would be best served by the issuance of the certificate, must find that the site and facility:
(a) Applicant has adequate financial, technical, and managerial capability to assure construction and operation of the facility in continuing compliance with the terms and conditions of the certificate.
(b) Will [not unduly interfere with the orderly development of the region] promote the orderly development of the region in a manner reasonably consistent with relevant land use, economic development, energy, and resource plans, with due consideration having been given to the views of municipal and regional planning commissions and municipal governing bodies.
(c) Will not have an unreasonable adverse effect on aesthetics, historic sites, air and water quality, the natural environment, and public health and safety.
(d) [Repealed.]
(e) Will provide demonstrable public benefits in New Hampshire, including but not limited to benefits to be realized within 10 years of the issuance of the certificate, that outweigh any adverse effects of the site and facility and that will be set forth as enforceable commitments in the certificate. The committee shall make its own independent determinations with respect to each finding. The committee may not rely solely on, nor consider itself bound by, the findings or studies of federal agencies with respect to the site and facility, including findings contained in an environmental impact statement prepared under the National Environmental Policy Act. The energy needs of New Hampshire and the New England region and the role of the site and facility in regional energy markets shall be relevant to the committee’s finding under subparagraph (b). Relevant public benefits in New Hampshire for the purposes of this subparagraph, shall include, but are not limited to, benefits to New Hampshire energy consumers and the advancement of the objectives of RSA 362-F.
10 New Paragraph; Certificate Denial. Amend RSA 162-H:16 by inserting after paragraph VII the following new paragraph:
VIII. The committee shall deny the certificate where it cannot make the findings required under RSA 162-H:16, IV.
11 Effective Date. This act shall take effect 60 days after its passage.