Bill Text - HB1558 (2012)

Requiring a certificate of public need for eminent domain.


Revision: Dec. 21, 2011, midnight

HB 1558 – AS INTRODUCED

2012 SESSION

12-2585

01/09

HOUSE BILL 1558

AN ACT requiring a certificate of public need for eminent domain.

SPONSORS: Rep. Rappaport, Coos 1; Rep. Kaen, Straf 7; Sen. Forrester, Dist 2

COMMITTEE: Science, Technology and Energy

ANALYSIS

This bill requires a person or entity proposing a major electric transmission facility to obtain a certificate of public need from the public utilities commission.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2585

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT requiring a certificate of public need for eminent domain.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Energy Facility Evaluation; Certificate of Public Need Required. Amend RSA 363 by inserting after section 17-c the following new section:

363:17-d Certificate of Public Need Required.

I. In addition to the requirements of RSA 162-H, no person shall, after July 15, 2012, commence the preparation of a site for the construction of a major electric transmission facility or make any statement to a property owner or the public to the effect that eminent domain may potentially be sought for the facility without first having obtained a certificate of public need and environmental compatibility from the public utilities commission for such facility. The public utilities commission shall issue such certificate only if the commission finds that:

(a) Such facility is necessary for the provision of electric service to the public in New Hampshire based on an assessment of demonstrated needs in New Hampshire for the next 10 years; and

(b) The economic, environmental, social and other costs of the project in New Hampshire, in the aggregate, are substantially outweighed by the benefits of the facility from provision of electric service to the public of New Hampshire.

II. In this section “major electric transmission facility” means new transmission lines 10 miles or more in length.

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

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