SB 530-FN - AS INTRODUCED
2018 SESSION
18-3002
10/04
SENATE BILL 530-FN
AN ACT relative to high voltage electric transmission lines in highway rights-of-ways.
SPONSORS: Sen. Giuda, Dist 2; Sen. Fuller Clark, Dist 21; Sen. Reagan, Dist 17; Sen. Ward, Dist 8; Rep. Suzanne Smith, Graf. 8; Rep. Kurk, Hills. 2; Rep. Pearl, Merr. 26; Rep. Darrow, Graf. 17; Rep. Migliore, Graf. 9
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill clarifies the authority for the erection, installation, and maintenance of high voltage electric transmission lines in highway rights-of-ways.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-3002
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to high voltage electric transmission lines in highway rights-of-ways.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 City, Town, Village District Highways; Authority; Electric Transmission Lines. Amend RSA 231:160 to read as follows:
231:160 Authority to Erect; Limitation.
I. Except as provided in paragraph II, telegraph, television, telephone, electric light and electric power poles and structures and underground conduits and cables, with their respective attachments and appurtenances may be erected, installed and maintained in any public highways and the necessary and proper wires and cables may be supported on such poles and structures or carried across or placed under any such highway by any person, copartnership or corporation as provided in this subdivision and not otherwise.
II. An electric transmission line of a design rating in excess of 115 kilovolts that is in excess of 10 miles in overall length shall not be erected, installed, and maintained along any town-maintained highway, city maintained highway, or state maintained highway except as provided for locating within Interstate highway corridors pursuant to the department of transportation's utility accommodation manual.
2 New Paragraph; Procedure; Exclusive Authority. Amend RSA 231:161 by inserting after paragraph VI the following new paragraph:
VII. Exclusive Authority. The authority to grant the permits and licenses specified in paragraphs I and II shall rest exclusively with the entities specified in paragraph I and in no other state authority.
3 Effective Date. This act shall take effect 60 days after its passage.
18-3002
12/19/17
SB 530-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to high voltage electric transmission lines in highway rights-of-ways.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Various Government Funds | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill clarifies the authority for the erection, installation and maintenance of high voltage electric transmission lines in highway rights-of-ways.
The Public Utilities Commission states this bill is targeted at large transmission projects over 10 miles in length running along town, city or state maintained highways. The only project of this magnitude proposed to be located in highway right of ways in the State the Commission is aware of is the proposed Northern Pass transmission project which is currently in hearings before the New Hampshire Site Evaluation Committee (SEC) under RSA Chapter 162-H. This bill makes the local municipality and the State Department of Transportation (DOT) the exclusive authorities for this type of approval and appears to remove the current SEC jurisdiction with regard to the highway location for a high power transmission project. Instead, the bill requires high power transmission projects to locate in Interstate Highway corridors. Such a requirement may increase the cost of future transmission projects or make future projects economically infeasible. Due to the requirements of this legislation, it is also likely the incremental costs of a reliability project may be allocated only to New Hampshire residents including state, county and local government. How much those costs could be is indeterminable at this time. ISO New England's Open Access Transmission Tariff, specifically Planning Procedure 4, suggests incremental costs resulting from the requirements of any local or state regulatory and/or legislative requirements will be identified as "Localized Costs" and will be paid for locally and not through regional transmission cost allocation. Attachment A to Planning Procedure 4 provides guidance as to the types of reliability projects that would be considered to contain localized costs. Attachment A notes that localized costs will be found when as a result of state or local regulation or legislation, a project costs more than a feasible or practical transmission alternative and has equal or less robust bulk power system performance than the transmission alternative. As an example, the attachment notes that an underground transmission cable would be subject to localized costs when it is selected at the direction of a local or state siting board, or to address other local concerns, and the cost of overhead transmission lines is less expensive, taking into account all relevant costs.
The New Hampshire Municipal Association states the installation and maintenance of utility lines in municipal rights-of-way may require various municipal expenditures, including costs for repairing or reconstructing roadways and costs for traffic control during construction, most of which is ordinarily reimbursed by the utility company. Prohibiting installation of high-voltage utility lines in municipal right-of-way would eliminate some of these expenditures. The Association cannot anticipate what projects maybe affected and states it is not possible to determine the impact on municipal revenues or expenditures.
The Department of Transportation does not charge for review and issuance of permits and licenses for use of the state highway system. The Department indicates some local jurisdictions may charge for review and issuance of permits and may tax facilities within the highways as allowed under RSA 72:23. The Department assumes there may be an indeterminable decrease in municipal revenue from permits and taxes. In addition, the Department assumes there could be a decrease in state expenditures if a project not able to use the energy infrastructure corridor would no longer be eligible to use other state roads.
AGENCIES CONTACTED:
Public Utilities Commission, New Hampshire Municipal Association and Department of Transportation
| Date | Body | Type |
|---|---|---|
| Feb. 13, 2018 | Senate | Hearing |
March 8, 2018: Refer to Interim Study, MA, VV; 03/08/2018; SJ 6
March 8, 2018: Committee Report: Referred to Interim Study, 03/08/2018; SC 10A
Feb. 13, 2018: ==TIME CHANGE== Hearing: 02/13/2018, Room 103, SH, 09:45 am; SC 7
Jan. 3, 2018: Introduced 01/03/2018 and Referred to Energy and Natural Resources; SJ 2