HB624 (2021) Detail

Decreasing the fee to file a petition for a declaratory ruling with the site evaluation committee.


HB 624-FN - AS INTRODUCED

 

 

2021 SESSION

21-0372

06/10

 

HOUSE BILL 624-FN

 

AN ACT decreasing the fee to file a petition for a declaratory ruling with the site evaluation committee.

 

SPONSORS: Rep. Vose, Rock. 9; Rep. Thomas, Rock. 5; Sen. Ward, Dist 8; Sen. Giuda, Dist 2

 

COMMITTEE: Science, Technology and Energy

 

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ANALYSIS

 

This bill decreases the filing fee for petitions for a declaratory ruling in energy facility siting administrative proceedings.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0372

06/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT decreasing the fee to file a petition for a declaratory ruling with the site evaluation committee.

 

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

 

1  Site Evaluation Committee; Powers and Duties.  Amend RSA 162-H:4, III to read as follows:

III. The committee may delegate the authority to monitor the construction or operation of any energy facility granted a certificate under this chapter to the administrator or such state agency or official as it deems appropriate, but the committee shall ensure that the terms and conditions of the certificate are met. Any authorized representative or delegate of the committee shall have a right of entry onto the premises of any part of the energy facility to ascertain if the facility is being constructed or operated in continuing compliance with the terms and conditions of the certificate. During normal hours of business administration and on the premises of the facility, such a representative or delegate shall also have a right to inspect such records of the certificate-holder as are relevant to the terms or conditions of the certificate.

2  Site Evaluation Committee; Filing Fees.  Amend RSA 162-H:8-a, II(d) to read as follows:

(d)  Filing fees for administrative proceedings:

(1)  Petition for committee jurisdiction:  $10,500.

(2)  Petition for declaratory ruling:  [$10,500, or $3,000 if heard by a 3-member subcommittee] $250.

(3)  Certificate transfer of ownership:  $10,500, or $3,000 if heard by a 3-member subcommittee.

(4)  Request for exemption:  $10,500, or $3,000 if heard by a 3-member subcommittee.

(5)  Request to modify a certificate:  $10,500, or $3,000 if heard by a 3-member subcommittee.

3  Site Evaluation Committee; Enforcement.  Amend RSA 162-H:12, I to read as follows:

I. Whenever the committee[, or the administrator as designee,] determines that any term or condition of any certificate issued under this chapter is being violated, it shall, in writing, notify the person holding the certificate of the specific violation and order the person to immediately terminate the violation. If, 15 days after receipt of the order, the person has failed or neglected to terminate the violation, the committee may suspend the person's certificate. Except for emergencies, prior to any suspension, the committee shall give written notice of its consideration of suspension and of its reasons therefor and shall provide opportunity for a prompt hearing.

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

21-0372

Revised 1/20/21

 

HB 624-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT decreasing the fee to file a petition for a declaratory ruling with the site evaluation committee.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Application and FIling Fees

 

 

 

 

 

METHODOLOGY:

This bill decreases the filing fee for petitions for a declaratory ruling in energy facility siting administrative proceedings.  The proposed fee is $250 and the current fee is $10,500 or $3,000 if

the petition is heard by a 3-member subcommittee. The bill eliminates the 3-member subcommittee option and reduces the fee to $250.

 

The Site Evaluation Committee (SEC) indicates the fees are used to pay certain costs of the Committee proceeding, including compensation of public members of the Committees, reimbursement of State agency members of the Committee, and Department of Justice expenses.  Reducing the fee eliminates the fee as a funding source for expenditures beyond $250 for proceedings necessary to hear the petition for declaratory ruling.  The SEC state there is no other funding source under current law.  At the same time, eliminating the option of using a 3-member subcommittee to hear Petitions for Declaratory Ruling may increase the expenditures related to the proceeding.  Lastly, this bill requires the Committee to determine whether there has been a violation of a certificate, eliminating the ability to delegate to the Administrator.  This requirement may result in the need for additional meetings of the Committee, thereby increasing expenditures by an indeterminable amount.

 

It is assumed that any fiscal impact would occur after July 1, 2021.

 

AGENCIES CONTACTED:

Sire Evaluation Committee

 

Links

HB624 at GenCourtMobile
HB624 Discussion

Action Dates

Date Body Type
Jan. 29, 2021 House Hearing
House Floor Vote

Bill Text Revisions

HB624 Revision: 31956 Date: Jan. 20, 2021, 11 a.m.

Docket


Feb. 24, 2021: Referred to Ways and Means 02/24/2021


Feb. 24, 2021: Reconsider (Rep. Adjutant): MF DV 149-194 02/24/2021


Feb. 24, 2021: Ought to Pass: MA VV 02/24/2021


Feb. 24, 2021: FLAM # 2021-0465h (Rep. Somssich): AF DV 132-204 02/24/2021


: Minority Committee Report: Inexpedient to Legislate


: Majority Committee Report: Ought to Pass (Vote 19-1; RC) HC 12 P. 24


Jan. 29, 2021: Public Hearing: 01/29/2021 02:00 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92874903669 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Science, Technology and Energy HJ 2 P. 57