CHAPTER 218
HB 626-FN-A - FINAL VERSION
6Jan2016... 2326h
23Mar2016... 1080h
04/28/2016 1506s
19May2016... 1990EBA
2016 SESSION
\t15-0030
\t09/04
HOUSE BILL\t\t626-FN-A
AN ACT\tauthorizing energy infrastructure development and designating energy infrastructure corridors and requiring the department of transportation to adopt an updated and revised utility accommodation manual.
SPONSORS:\tRep. Suzanne Smith, Graf 8; Rep. Moffett, Merr 9; Rep. Ford, Graf 3; Rep. R. Brown, Graf 2; Rep. Chandler, Carr 1; Sen. Forrester, Dist 2; Sen. Fuller Clark, Dist 21; Sen. Bradley, Dist 3
COMMITTEE:\tScience, Technology and Energy
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AMENDED ANALYSIS
\tThis bill establishes procedures for approval of proposals for energy infrastructure development and designates energy infrastructure corridors. This bill is contingent upon the adoption and approval of an updated and revised department of transportation utility accommodation manual.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Jan2016... 2326h
23Mar2016... 1080h\t15-0030
04/28/2016 1506s\t09/04
19May2016... 1990EBA\t
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tauthorizing energy infrastructure development and designating energy infrastructure corridors and requiring the department of transportation to adopt an updated and revised utility accommodation manual.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t218:1 Statement of Purpose. The legislature recognizes that high and volatile energy costs increasingly threaten the competitiveness of New Hampshire’s businesses and industries and the financial resources of its electric ratepayers, and that new low-cost sources of energy are needed in order to stabilize and lower wholesale and retail electric rates in New Hampshire and New England. At the same time, as the state’s citizens have become more aware of the value, to themselves and others, of New Hampshire’s scenic natural landscapes, clean air, and unspoiled environment, it has become increasingly difficult to site and develop large-scale above-ground energy transmission lines from lower-cost neighboring regions. Such projects often face unacceptably high development costs, regulatory delays, and public opposition resulting from their potential adverse impacts on the state’s most scenic natural landscapes, the value of adjoining and nearby private properties, and the comfort, health, and safety of adjacent homeowners. The general court therefore finds that it may be in the public interest for the state to designate certain “energy infrastructure corridors” along, within, and under major state-owned transportation routes, for the underground collocation of major energy transmission lines necessary to promote balanced economic growth, reduce or mitigate high energy prices, and contribute to a cleaner and more natural environment, while providing the state highway fund with market-based revenues from private energy transmission companies in return for the use of such designated energy infrastructure corridors. The general court intends that the energy infrastructure corridors designated under this act are simply options for the siting of energy infrastructure and nothing in this act shall be construed as limiting the historic accommodation of utilities in all public rights of way.
\t218:2 New Chapter; Energy Infrastructure Development and Corridors. Amend RSA by inserting after chapter 162-Q the following new chapter:
CHAPTER 162-R
ENERGY INFRASTRUCTURE DEVELOPMENT AND CORRIDORS
\t162-R:1 Definitions. In this chapter:
\t\tI. “Energy infrastructure” includes high voltage DC or AC electric transmission facilities of 115 kV or greater, natural gas transmission lines, carbon dioxide pipelines, petroleum pipelines, and other energy transport pipelines or conduits.
\t\tII. “Energy infrastructure corridor” means an existing state-owned transportation right-of-way within which energy infrastructure could potentially be sited underground.
\t\tIII. “Developer” means a person or legal entity that can demonstrate to the state the financial, technical, and managerial capability to engage in the development and construction of energy infrastructure.
\t\tIV. “Project” means the development or construction of energy infrastructure subject to site evaluation committee jurisdiction under RSA 162-H within an energy infrastructure corridor.
\t\tV. “Site evaluation committee” means the site evaluation committee established in RSA 162-H:3.
\t\tVI. “State-owned transportation right-of-way” means a highway or railroad right-of-way on land owned in fee by the state or a state agency or state authority.
\t\tVII. “Sufferance” means that the owner of energy infrastructure has no real property interest in the right-of-way, but merely occupies and uses the public right-of-way subject to terms and conditions established by the New Hampshire department of transportation.
\t162-R:2 Energy Infrastructure Corridors Designated.
\t\tI. In accordance with RSA 236:18, the state has the exclusive rights, insofar as they do not conflict with any federal statute, rule, or regulation, to build, lease, or utilize for any public purpose the space adjacent to (excluding the median) and below the toll highways and the interstate system highways within the state.
\t\tII. The following areas, owned by the state, are designated as energy infrastructure corridors:
\t\t\t(a) I-89 (between the intersection of I-93 and the Vermont border).
\t\t\t(b) I-93 (between the Massachusetts border and the Vermont border, excepting approximately 1.7 miles located in the White Mountain National Forest north of Franconia Notch state park).
\t\t\t(c) I-95 (between the Massachusetts border and the Maine border).
\t\t\t(d) N.H. Route 101 (between the intersection of I-93 and the intersection of I-95).
\t\tIII. Nothing in this chapter shall require a developer of energy infrastructure to site or propose to site energy infrastructure, or any part thereof, within an energy infrastructure corridor designated under this chapter.
\t162-R:3 Energy Infrastructure Proposal Application Process.
\t\tI.(a) To initiate the application process, a developer may file with the department of transportation, a request for a preliminary conceptual feasibility study, including such project-specific information as the department may specify in accordance with the department’s utility accommodation manual.
\t\t\t(b) Within 30 days after such study request is filed, the department shall provide written notice to the developer, with a copy to the site evaluation committee, either accepting such study request as sufficiently complete to allow the department to evaluate the conceptual feasibility of the proposal and submit its recommendation to the committee, or specifying the additional information needed to complete its evaluation.
\t\t\t(c) Upon notice to the developer that the study request is deemed sufficiently complete for its purposes under subparagraph (a), the department shall have 60 days to determine whether and to what extent the proposed project route would be conceptually feasible within the applicable state-owned transportation right-of-way or rights-of-way, based on department standards and regulations.
\t\t\t(d) Within 60 days after notice to the developer that its submission has been deemed complete, the department shall submit its report on the conceptual feasibility of the project to the developer and the site evaluation committee, specifying any concerns or issues it believes the committee should consider in its review of the application.
\t\tII. The site evaluation committee shall determine whether the application is complete, and shall proceed to review a completed application under RSA 162-H.
\t162-R:4 Energy Infrastructure Proposal; Decision Criteria.
\t\tI. The site evaluation committee shall evaluate and render a decision on an energy infrastructure proposal which chooses to use one or more designated energy infrastructure corridors pursuant to the provisions of this chapter.
\t\tII. The site evaluation committee may approve an energy infrastructure proposal for a project to be sited in whole or in part within one or more energy infrastructure corridors only if it finds that the project meets the criteria set forth in RSA 162-H.
\t162-R:5 Use of Energy Infrastructure Corridors; Requirements. Development and construction of energy infrastructure within an energy infrastructure corridor are governed by this section. No person shall engage in development or construction of energy infrastructure within an energy infrastructure corridor, unless such person is in compliance with applicable state and federal laws, rules, and regulations. Any development, construction, maintenance, or use of energy infrastructure within an energy infrastructure corridor shall be at the sufferance of the department of transportation. All costs associated with installation, alteration, relocation (whether or not required by the department), and/or protection of energy infrastructure within an energy infrastructure corridor shall be the responsibility of the energy infrastructure developer or owner.
\t162-R:6 Revenues.
\t\tI. The department of transportation, right-of-way (ROW) appraisal bureau section, shall identify an initial estimate of the range of value for the use of state-owned land or assets within a designated energy infrastructure corridor and negotiate a value for such use with the developer. The actual and final value shall be subject to approval by the long range capital planning and utilization committee.
\t\tII. All revenues generated from the use of state-owned land or assets within energy infrastructure corridors designated under this chapter shall be deposited in the highway fund for use solely in state transportation programs funded in whole or in part by the Federal Highway Administration or other federal agencies and included in the state’s 10-year transportation plan. Nothing in this section shall be deemed to affect the responsibility of a developer to pay separately to the site evaluation committee the fees required under RSA 162-H.
\t218:3 Updated and Revised Utility Accommodation Manual. The department of transportation shall update and revise its utility accommodation manual in order to provide for the optional use of the energy infrastructure corridors designated pursuant to RSA 162-R:2. The updated and revised manual shall be approved by the Federal Highway Administration no later than June 1, 2017.
\t218:4 Contingency. If the updated and revised utility accommodation manual required by section 3 of this act is adopted and approved by June 1, 2017, sections 1 and 2 of this act shall take effect July 1, 2017. If the updated and revised utility accommodation manual is not adopted and approved by June 1, 2017, sections 1 and 2 of this act shall not take effect. The commissioner of the department of transportation shall certify the date of approval of the manual to the secretary of state and the director of legislative services.
\t\tI. Sections 1 and 2 of this act shall take effect as provided in section 4 of this act.
\t\tII. The remainder of this act shall take effect upon its passage.
Approved: June 9, 2016
Effective Date: \tI. Sections 1 and 2 shall take effect as provided in section 4.
\t\t\t\t II. Remainder shall take effect June 9, 2016