HB649 (2012) Detail

Relative to the Northern Pass Project to construct and operate transmission lines from the Canadian border to a proposed terminal in Franklin, New Hampshire.


HB 649 – AS INTRODUCED

2011 SESSION

11-1073

06/10

HOUSE BILL 649

AN ACT relative to the Northern Pass Project to construct and operate transmission lines from the Canadian border to a proposed terminal in Franklin, New Hampshire.

SPONSORS: Rep. Ladd, Graf 5; Rep. Kurk, Hills 7; Rep. Rappaport, Coos 1; Rep. Aguiar, Graf 6; Rep. Harding, Graf 11; Rep. Cooney, Graf 7

COMMITTEE: Science, Technology and Energy

ANALYSIS

This bill:

I. Requires a regional planning commission to undertake a fact finding impact study when certain high voltage transmission line projects are proposed.

II. Prohibits a public utility from petitioning for permission to take private property for the construction or operation of a private large scale transmission line.

III. Requires any agreement between a large scale participant-funded transmission line and an electric distribution utility to balance the interests of the ratepayers and the developer.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-1073

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the Northern Pass Project to construct and operate transmission lines from the Canadian border to a proposed terminal in Franklin, New Hampshire.

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

1 New Sections; Regional Planning Commission Fact Finding Impact Study. Amend RSA 36 by inserting after section 53 the following new sections:

36:53-a Regional Planning Commission Fact Finding Impact Study.

I. Upon receiving a written request for intervention from a governing body under RSA 49-B: 2, IV(c) a regional planning commission shall initiate an independent social, economic, and environmental fact finding impact study regarding the location, construction or the acquisition of a new right-of-way that totals 10 or more miles in length of high voltage electric transmission lines. The regional planning commissions shall collaborate and develop a joint fact finding impact study for any proposed high voltage transmission line project that extends to multiple planning regions. To maintain report integrity and to achieve transparency, a contracted service or consultants, independent of the project developer, may assist in all or part of the fact finding impact study.

II. The fact finding impact study shall include public input and the completed report with recommendations shall be presented to the speaker of the house of representatives, the president of the senate, a commissioner of the public utilities commission, and the chairman of the site evaluation committee established under RSA 162-H:3 on or before November 1, 2011. The report shall be used in deliberations of the site evaluation committee, prior to its consideration of the location of the high voltage electric transmission line, and prior to project approval.

III. In this section, “high voltage transmission line” means a line with a design rating in excess of 200 kilovolts.

36:53-b Costs of Fact Finding Impact Study. The costs of any fact finding impact study conducted under RSA 36:53-a shall be paid by the developer of the high voltage electric transmission lines. Such expense shall not include any part of the salaries of regional planning commission employees.

2 Proceedings to Acquire Property or Rights; Petition. Amend RSA 371:1 to read as follows:

371:1 Petition. Whenever it is necessary, in order to meet the reasonable requirements of service to the public, that any public utility should construct a line, branch line, extension, [or a] pipeline, conduit, line of poles, towers, or wires across the land of another, or should acquire land, land for an electric substation, or flowage, drainage, or other rights for the necessary construction, extension, or improvement of any water power or other works owned or operated by such public utility, and it cannot agree with the owners of such land or rights as to the necessity or the price to be paid therefor, such public utility may petition the public utilities commission for such rights and easements or for permission to take such lands or rights as may be needed for said purposes. No public utility may petition for permission to take private land or property rights for the construction or operation of an electric generating plant or a private large scale transmission line.

3 New Section; Proceedings to Acquire Property or Rights; Definition. Amend RSA 371 by inserting after section 1-a the following new section:

371:1-b Definition. In this subdivision, “private large scale transmission line” means an electric transmission line that involves the acquisition of a new right of way totaling 10 or more miles in length for which the majority of the costs are privately funded and not included in an approved rate base.

4 New Paragraph; Other Public Utilities. Amend RSA 374:22 by inserting after paragraph I the following new paragraph:

I-a. Any approval granted under this section related to a large scale private or participant-funded transmission line to be sited in the state shall be conditioned upon the sale of electricity and related products and attributes transmitted on the line at cost-based rates, or at rates lower than market, to any electric distribution utility in New Hampshire that seeks to purchase such electricity. An electric distribution utility shall seek approval of such purchase from the public utilities commission. The commission shall require, as a condition of approval of any such agreement, that it provides net benefits to ratepayers, includes appropriate protections for ratepayers, and demonstrates that it is in the best interests of ratepayers by balancing the interests of the developer, the reasonable power needs of electricity consumers, and the need to increase the growth of business and industry throughout the state. No approval shall be granted by the public utilities commission related to any large scale private or participant-funded transmission line before July 1, 2012.

5 Effective Date. This act shall take effect upon its passage.