Revision: Jan. 25, 2013, midnight
SB 99 – AS INTRODUCED
2013 SESSION
09/04
SENATE BILL 99
AN ACT relative to the process for applying for a certificate for an energy facility.
SPONSORS: Sen. Forrester, Dist 2; Sen. Sanborn, Dist 9; Sen. Reagan, Dist 17; Sen. Woodburn, Dist 1; Rep. Reilly, Graf 9; Rep. Rappaport, Coos 1; Rep. Suzanne Smith, Graf 8; Rep. Ford, Graf 3; Rep. Ladd, Graf 4
COMMITTEE: Energy and Natural Resources
This bill makes changes to the process for applying for a certificate for an energy facility.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0905
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the process for applying for a certificate for an energy facility.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that changes in national, regional, and state regulation of energy transmission facilities over the last decade require that the New Hampshire energy facilities siting law be updated. Developments in this sector of the energy market have allowed the emergence of private facilities which have not withstood the rigors of a reliability review to determine need or economic viability; and which are proceeding within the context of a state siting law crafted before the advent of this type of elective project development. As a result of this altered landscape and as a result of a statutory study undertaken under 2012, 220, modifications to the law are necessary to ensure that the state’s mission to determine public interest is preserved, while maintaining a balance between the environment and the need for new energy facilities in New Hampshire; protecting property rights; and protecting the interest of local communities to have a meaningful voice in the process.
2 Definition; Energy Facility. Amend RSA 162-H:2, VII(g) to read as follows:
(g) A large transmission facility.
(h) Any other facility and associated equipment that the committee determines requires a certificate, consistent with the findings and purposes of RSA 162-H:1, either on its own motion or by petition of the applicant or 2 or more petitioners as defined in RSA 162-H:2, XI.
3 New Paragraph; Definitions. Amend RSA 162-H:2 by inserting after paragraph VII the following new paragraph:
VII-a. “Large transmission facility” means an energy facility that is either:
(a) An energy transmission pipeline which is either in excess of 10 miles in length or located in multiple municipalities; or
(b) An electric transmission line which is either:
(1) In excess of 200 kilovolts and in excess of 10 miles in length; or
(2) Located in multiple municipalities.
4 New Paragraph; Definitions. Amend RSA 162-H:2 by inserting after paragraph XII the following new paragraph:
XIII. “Applicant” means any person seeking to construct or to operate any energy facility, renewable energy facility, or large transmission facility that is completely or partially within this state whether or not that person has actually filed an application for a certificate of site and facility. A person is considered to be seeking to construct or operate an energy facility, renewable energy facility, or large transmission facility if the person applies for any local, state, or federal permit, license, waiver, or other authority including but not limited to any request for a local land use board to exercise authority under any provision contained within Title LXIV of the Revised Statutes Annotated or if the person is already operating an existing energy facility, renewable energy facility, or large transmission facility.
5 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.
6 New Paragraph; Application for Certificate. Amend RSA 162-H:7 by inserting after paragraph V the following new paragraph:
V-a. Each application for a large transmission facility that includes aboveground transmission lines or pipelines shall also:
(a) Identify one or more proposals for the proposed facility reflecting technically feasible underground alternatives, including fully and partially underground alternatives and any alternatives utilizing state-owned transportation rights-of-way;
(b) Describe in reasonable detail the respective costs of the proposed facility and technically feasible underground alternatives;
(c) Describe in reasonable detail the impacts of the proposed facility and of technically feasible underground alternatives on the environment;
(d) Describe in reasonable detail the economic, practical, or environmental justifications for the applicant’s preference for aboveground transmission lines or pipelines over technically feasible underground alternatives. For the purposes of this paragraph, the applicant’s control over potential sites for underground alternatives shall not be a relevant justification.
7 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.
8 Counsel for the Public. Amend RSA 162-H:9, I to read as follows:
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 [and], in seeking to assure an adequate supply of energy, and in any other matter properly before the site evaluation committee. The counsel shall be accorded all the rights and privileges, and responsibilities of an attorney representing a party in formal action with respect to all issues before the committee and shall serve until the decision to issue or deny a certificate is final.
I-a. The attorney general may appoint an assistant attorney general as counsel for the public in all matters before the committee, including but not limited to enforcement actions and petitions for jurisdiction.
9 Public Hearings. 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.
10 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 reasonable 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.
11 New Paragraph; Studies. Amend RSA 162-H:10 by inserting after paragraph V the following new paragraph:
V-a. In cases where an application for a certificate of site and facility has not been filed but the site evaluation committee must consider a petition or motion or conduct public hearings, adjudicatory hearings or take enforcement action with respect to an energy facility, a renewable energy facility, or a large transmission facility, the committee may conduct such reasonable studies and investigations as it deems 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 reasonable cost of which shall be borne by the applicant in such amount as may be approved by the committee. The site evaluation committee is further authorized to assess the applicant for all travel and related expenses associated with the proceeding.
12 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, but not limited to, for the purposes of providing additional opportunities for public participation or of the completion of studies.
13 Findings and Certificate Issuance. Amend RSA 162-H:16, IV to read as follows:
IV. The site evaluation committee, after having considered available alternatives, including denial of the certificate and alternatives not within the current control of the applicant, and fully reviewed the environmental impact of the facility, site [or], and route, as applicable, and available alternatives, 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] promote the orderly development of the region with due consideration having been given to the energy needs of New Hampshire and the New England region; relevant land use, economic development, energy, and resource plans; and the views of state agencies, municipal and regional planning commissions, and municipal governing and legislative bodies.
(c) Will not have an unreasonable adverse effect, including unreasonable adverse cumulative effect, on aesthetics, viewsheds, private property values, historic sites, air and water quality, the natural environment, and public health and safety.
(d) [Repealed.]
(e) If a large transmission facility that is an electric transmission line considered elective by ISO — New England or its successor regional system operator:
(1) Has obtained affirmative majority votes of support from the legislative bodies in at least a majority of the municipalities where the facility is to be located;
(2) If including aboveground transmission lines, has no available underground alternative and will minimize adverse effects on private property values, aesthetics, and viewsheds; and
(3) Will meet public needs within the state consistent with the purposes of this chapter, other than construction-related employment and tax revenues.
14 Applicability; Transition. This act shall apply to all proceedings before the site evaluation committee that are pending on the effective date of this act, provided that the committee may make such accommodations to applicants as it deems in the public interest to ensure an orderly transition to the new requirements of this act.
15 Effective Date. This act shall take effect 60 days after its passage.