SB116 (2017) Detail

Requiring notice to affected municipalities of energy facility siting.


CHAPTER 115

SB 116 - FINAL VERSION

 

20Apr2017... 1305h

2017 SESSION

17-0353

06/01

 

SENATE BILL 116

 

AN ACT requiring notice to affected municipalities of energy facility siting.

 

SPONSORS: Sen. Ward, Dist 8; Sen. Innis, Dist 24; Sen. Fuller Clark, Dist 21; Sen. Feltes, Dist 15; Sen. Sanborn, Dist 9; Rep. Kurk, Hills. 2

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill requires applicants for an energy facility certificate to give notice to affected municipalities.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20Apr2017... 1305h 17-0353

06/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT requiring notice to affected municipalities of energy facility siting.

 

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

 

115:1  New Paragraph; Energy Facility Siting; Definitions; Affected Municipality.  Amend RSA 162-H:2 by inserting after paragraph I-a the following new paragraph:

I-b.  "Affected municipality" means any municipality or unincorporated place in which any part of an energy facility is proposed to be located and any municipality or unincorporated place from which any part of the proposed energy facility will be visible or audible.

115:2  Energy Facility Siting; Application for Certificate; Notice to Municipalities.  Amend RSA 162-H:7, V(f) to read as follows:

(f)  Document that written notification of the proposed project, including appropriate copies of the application, has been given to the appropriate governing body of each [community in which the facility is proposed to be located] affected municipality, as defined in RSA 162-H:2, I-b.  The application shall include a list of the affected municipalities.

115:3  Energy Facility Siting; Public Hearing; Notice to Municipalities.  Amend RSA 162-H:10, I-I-c to read as follows:

I.  At least 30 days prior to filing an application for a certificate, an applicant shall hold at least one public information session in each county where the proposed facility is to be located and shall, at a minimum, publish a public notice not less than 14 days before such session in one or more newspapers having a regular circulation in the county in which the session is to be held, describing the nature and location of the proposed facility.  The applicant shall also send a copy of the public notice, not less than 14 days before the session, by first class mail to the governing body of each affected municipality.  At such session, the applicant shall present information regarding the project and provide an opportunity for comments and questions from the public to be addressed by the applicant.  Not less than 10 days before such session, the applicant shall provide a copy of the public notice to the chairperson of the committee.  The applicant shall arrange for a transcript of such session to be prepared and shall include the transcript in its application for a certificate.

I-a.  Within 45 days after acceptance of an application for a certificate, pursuant to RSA 162-H:7, the applicant shall hold at least one public information session as described in paragraph I in each county in which the proposed facility is to be located and shall, at a minimum, publish a public notice not less than 14 days before said session in one or more newspapers having a regular circulation in the county in which the session is to be held, describing the nature and location of the proposed facility.  The applicant shall also send a copy of the public notice, not less than 14 days before the session, by first class mail to the governing body of each affected municipality.  Not less than 10 days before such session, the applicant shall provide a copy of the public notice to the presiding officer of the committee.  The administrator, or a designee of the presiding officer of the committee, shall act as presiding officer of the information session.  The session shall be for public information on the proposed facility with the applicant presenting the information to the public.  The presiding officer shall also explain to the public the process the committee will use to review the application for the proposed facility.

I-b.  Upon request of the governing body of a municipality or unincorporated place in which any part of the proposed facility is to be located, or on the committee's own motion, the committee may order the applicant to provide such additional public information sessions as described in paragraph I as are reasonable to inform the public of the proposed project.

I-c.  Within 90 days after acceptance of an application for a certificate, pursuant to RSA 162-H:7, the site evaluation committee shall hold at least one public hearing in each county in which the proposed facility is to be located and shall publish a public notice not less than 14 days before such [session] 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 committee shall also send a copy of the public notice, not less than 14 days before the hearing, by first class mail to the governing body of each affected municipality.  The public hearings shall be joint hearings, with representatives of the agencies that have permitting or other regulatory authority over the subject matter and shall be deemed to satisfy all initial requirements for public hearings under statutes requiring permits relative to environmental impact.  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.

115:4  Energy Facility Siting; Public Hearing; Notice to Municipalities.  Amend RSA 162-H:10, III to read as follows:

III.  The site evaluation committee shall consider and weigh all evidence presented at public hearings and shall consider and weigh written information and reports submitted to it by members of the public before, during, and subsequent to public hearings but prior to the closing of the record of the proceeding.  The committee shall provide an opportunity at one or more public hearings for comments from the governing body of each affected municipality and residents of each affected municipality.  The committee shall consider, as appropriate, prior committee findings and rulings on the same or similar subject matters, but shall not be bound thereby.

115:5  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 15, 2017

Effective Date: August 14, 2017

Links

SB116 at GenCourtMobile

Action Dates

Date Body Type
Jan. 31, 2017 Senate Hearing
Feb. 9, 2017 Senate Floor Vote
April 4, 2017 House Hearing
April 11, 2017 House Exec Session
April 20, 2017 House Floor Vote

Bill Text Revisions

SB116 Revision: 1571 Date: June 19, 2017, 10:17 a.m.
SB116 Revision: 1572 Date: May 19, 2017, 10:46 a.m.
SB116 Revision: 1573 Date: April 20, 2017, 4:03 p.m.
SB116 Revision: 1574 Date: Jan. 24, 2017, 11:22 a.m.

Docket


Aug. 14, 2017: Signed by the Governor on 06/15/2017; Chapter 0115; Effective 08/14/2017


May 31, 2017: Enrolled (In recess 05/31/2017); SJ 19


June 1, 2017: Enrolled 06/01/2017 HJ 17 P. 127


May 18, 2017: Sen. Avard Moved to Concur with the House Amendment, MA, VV; 05/18/2017; SJ 17


April 20, 2017: Referral Waived by Committee Chair per House Rule 46(f) 04/20/2017 HJ 14 P. 20


April 20, 2017: Referred to Science, Technology and Energy 04/20/2017 HJ 14 P. 8


April 20, 2017: Ought to Pass with Amendment 1305h: MA VV 04/20/2017 HJ 14 P. 8


April 20, 2017: Amendment # 2017-1305h: AA VV 04/20/2017 HJ 14 P. 8


April 20, 2017: Committee Report: Ought to Pass with Amendment # 2017-1305h for 04/20/2017 (Vote 14-0; CC) HC 20 P. 6


April 11, 2017: Executive Session: 04/11/2017 10:25 AM LOB 301


April 4, 2017: Public Hearing: 04/04/2017 10:30 AM LOB 301


Feb. 16, 2017: Introduced 02/16/2017 and referred to Municipal and County Government HJ 8 P. 45


Feb. 9, 2017: Ought to Pass: MA, VV; OT3rdg; 02/09/2017; SJ 5


Feb. 9, 2017: Committee Report: Ought to Pass, 02/09/2017; SC 9


Jan. 31, 2017: Hearing: 01/31/2017, Room 103, SH, 11:00 am; SC 8


Jan. 19, 2017: Introduced 01/19/2017 and Referred to Energy and Natural Resources; SJ 5