Revision: Dec. 23, 2011, midnight
SB 361 – AS INTRODUCED
2012 SESSION
09/05
SENATE BILL 361
AN ACT establishing an interagency task force on energy infrastructure corridors.
SPONSORS: Sen. Forrester, Dist 2; Sen. Carson, Dist 14; Sen. Groen, Dist 6; Sen. Sanborn, Dist 7; Sen. Lambert, Dist 13; Rep. Rappaport, Coos 1; Rep. Ladd, Graf 5; Rep. Brosseau, Graf 6; Rep. Cali-Pitts, Rock 16
This bill establishes an interagency task force on energy infrastructure corridors.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2947
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT establishing an interagency task force on energy infrastructure corridors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Declaration of Purpose. The legislature finds that the state would be well served by determining whether it is feasible to use existing transportation rights of way to serve as locations for underground utility infrastructure. This act establishes an interagency task force to conduct a feasibility study, and, if warranted, to recommend a process by which appropriate energy infrastructure corridors should be identified for specific utility facilities and a process by which bidding for these corridors and tariffs for the annual use of the corridors would be established.
2 New Chapter; Interagency Task Force on Energy Infrastructure Corridors. Amend RSA by inserting after chapter 362-F the following new chapter:
CHAPTER 362-G
INTERAGENCY TASK FORCE
ON ENERGY INFRASTRUCTURE CORRIDORS
362-G:1 Definitions.
I. “Energy infrastructure” includes electric transmission and distribution facilities, natural gas transmission lines, carbon dioxide pipelines, and other energy transport pipelines or conduits.
II. “Energy infrastructure corridor” means a transportation right-of-way on an existing state-owned transportation right-of-way within which energy infrastructure could potentially be sited underground.
III. “Potential developer” means a person that can demonstrate to the commission the financial and technical capability to engage in the development and construction of energy infrastructure.
IV. “Project” means the development or construction of energy infrastructure within an energy infrastructure corridor.
V. “State-owned” means owned by the state or by a state agency or state authority.
362-G:2 Interagency Task Force on Energy Infrastructure Corridors.
I. The interagency task force on energy infrastructure corridors is established for the purpose of studying the feasibility of using state-owned transportation corridors for the purpose of siting future energy infrastructure.
II. The interagency task force shall include the following members:
(a) The director of the governor’s office of energy and planning.
(b) The commissioner of administrative services, or designee.
(c) The commissioner of the department of transportation, or designee.
(d) The commissioner of the department of environmental services, or designee.
(e) The commissioner of the department of resources and economic development, or designee.
(f) The chairman of the public utilities commission, or designee who must be a public utilities commissioner.
(g) The commissioner of the department of revenue administration, or designee.
(h) Six members of the public appointed by the governor, one with expertise in energy and/or utilities, one with expertise in finance and/or real estate, one representing residential energy customers, one representing industrial and/or commercial energy consumers, one representing the conservation community, and one representing municipal government. The governor shall nominate one of the governor’s 6 nominees as the chair of the task force.
(i) The senate president, or designee.
(j) The speaker of the house of representatives, or designee.
II. Public members of the interagency task force shall serve 3-year terms, except that a vacancy shall be filled for the unexpired portion of the term. A public member serves until a successor is appointed. A public member may serve a maximum of 2 consecutive terms.
III. The interagency task force shall prepare a report identifying the feasibility of using state-owned transportation corridors for underground energy infrastructure and issue the report to the governor, the speaker of the house, and senate president by November 1, 2012. If the report finds the use of transportation corridors feasible for such underground use, the task force shall specify which corridors are most appropriate for specific utility infrastructures. The task force shall also recommend a process for determining a bidding process by which such corridors would be made available, and a process for determining annual tarrifs to be paid to the state for the use of these corridors.
IV. Prior to preparation of its report on feasibility, the task force shall provide public notice of its meetings and solicit public input as a part of its information gathering process.
V. In determining whether the establishment of one or more energy infrastructure corridors is in the long-term public interest of the state, the task force's assessment of feasibility shall consider, but shall not be limited to the following issues:
(a) Would such corridor or corridors materially enhance the delivery of electricity to New Hampshire consumers and increase the reliability security of the electricity distribution system in the state;
(b) Would there be long term economic benefits for the state, including but not limited to direct financial benefits from leasing rights-of-ways, employment opportunities, and private sector economic development;
(c) What would the effects of such corridor or corridors be on the retail price of electricity to businesses and residential ratepayers;
(d) Would such corridors do any harm to the orderly development of renewable energy generation in the state;
(e) How would a process be designed to assure the efficient development of such corridor or corridors by energy distribution companies serving the state;
(f) What actions need to be taken to assure that conflict is minimized with the public purposes for which such rights-of-way are already owned; and
(g) Would the development of such corridor or corridors lead to any reduction in emissions of greenhouse gases.
VI. The task force report shall recommend a process for designation and marketing of energy infrastructure corridors. This process shall address, but not be limited to, the following concerns:
(a) Any corridor designation shall include a public hearing in which any member of the public may submit oral or written testimony or comments, which shall be incorporated into the task force’s record of the hearing. The process shall also allow for written comments by any member of the public both before and after the hearing.
(b) The process shall provide for a corridor designation based on substantial evidence in the record from research completed by the task force, including consideration of public input.
(c) The task force report shall propose recommendations, guidelines, and criteria for rulemaking relative to:
(1) The designation and use of a specified energy infrastructure corridor.
(2) The level of environmental review required before an energy infrastructure corridor is marketed.
(3) Specifying the process by which the state will market corridors designated.
(4) Determining annual tariffs to be collected by the state for the use of such corridors.
(5) Determining in advance under what circumstances eminent domain can be used to complete an otherwise incomplete energy infrastructure corridor.
3 Effective Date. The remainder of this act shall take effect upon its passage.