Revision: March 23, 2012, midnight
SB 361 – AS AMENDED BY THE SENATE
03/21/12 1172s
2012 SESSION
09/05
SENATE BILL 361
AN ACT establishing a commission to study the feasibility of establishing energy infrastructure corridors within existing transportation rights of way and repealing a commission.
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 a commission to study the feasibility of establishing energy infrastructure corridors within existing transportation rights of way.
This bill also repeals the commission established in HB 648 of the 2012 regular session.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/21/12 1172s
12-2947
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT establishing a commission to study the feasibility of establishing energy infrastructure corridors within existing transportation rights of way and repealing a commission.
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 a commission 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 revenue for the annual use of the corridors would be established.
2 New Chapter; Commission to Study the Feasibility of Establishing Energy Infrastructure Corridors Within Existing Transportation Rights of Way. Amend RSA by inserting after chapter 362-F the following new chapter:
CHAPTER 362-G
COMMISSION TO STUDY THE FEASIBILITY OF
ESTABLISHING ENERGY INFRASTRUCTURE CORRIDORS
WITHIN THE EXISTING TRANSPORTATION RIGHTS OF WAY
362-G:1 Definitions. In this chapter:
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 state 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 Commission to Study the Feasibility of Establishing Energy Infrastructure Corridors Within the Existing Transportation Rights of Ways.
I. There is established a commission to study the feasibility of establishing energy infrastructure corridors within the existing transportation rights of ways.
II. The members of the commission shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(c) The director of the office of energy and planning, or designee.
(d) The commissioner of the department of administrative services, or designee.
(e) The commissioner of the department of transportation, or designee.
(f) The commissioner of the department of environmental services, or designee.
(g) The commissioner of the department of resources and economic development, or designee.
(h) The chairman of the public utilities commission, or designee.
(i) The commissioner of the department of revenue administration, or designee.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission shall identify the feasibility of using state-owned transportation corridors for underground energy infrastructure and, if the commission finds the use of transportation corridors feasible for such underground use, shall specify which corridors are most appropriate for specific utility infrastructures. In determining whether the establishment of one or more energy infrastructure corridors is in the long-term public interest of the state, the commission’s assessment of feasibility shall consider, but shall not be limited to the following issues:
(a) Whether such corridor or corridors materially enhance the delivery of electricity or other utilities, or both, to New Hampshire consumers and increase the reliability and security of the electricity distribution system in the state.
(b) The identification of the corridors.
(c) The identification of available technologies.
(d) The identification of the costs of available technologies.
(e) Whether there would 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.
(f) What the effects of such corridor or corridors are on the retail price of electricity or other utilities, or both, to businesses and residential ratepayers.
(g) Whether such corridors would do any harm to the orderly development of renewable energy generation in the state.
(h) A process design to assure the efficient development of such corridor or corridors by energy distribution companies serving the state.
(i) What actions need to be taken to assure that conflict with the public purposes for which such rights of way are already owned is minimized.
(j) Whether the development of such corridor or corridors would lead to any reduction in emissions of greenhouse gases.
(k) Circumstances where eminent domain might be used to complete an otherwise incomplete energy infrastructure corridor.
V. Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.
VI. Report. The commission, after public hearings, shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before December 1, 2012.
3 Repeal. The following are repealed:
I. RSA 362-G, relative to the commission to study the feasibility of establishing energy infrastructure corridors within the existing transportation rights of way.
II. RSA 371:16-a, relative to the establishment of the commission to investigate the procedural rights of the landowner when a petition is presented to the public utilities commission by a utility seeking eminent domain, develop a framework for the state to provide use rights to transmission developers on state owned rights-of-way, develop policies to encourage burying such lines where practicable, and establish a structure for payment.
4 Effective Date.
I. Paragraph I of section 3 of this act shall take effect December 2, 2012.
II. The remainder of this act shall take effect upon its passage.