HB1611 (2022) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 New Paragraph; Site Evaluation Committee; Rules. Amend RSA 162-H:10 by inserting after paragraph VII the following new paragraph:

VIII. No later than 60 days after the effective date of this paragraph, the committee shall initiate a proceeding to amend site 100 through site 300 adopted rules to ensure that no authority is assumed to the committee that is not specifically authorized by RSA 162-H.

2 Site Evaluation Committee; Rules. In order to amend the rules pursuant to section 1 of this act, the committee shall include, but not be limited to, the following:

(a) Site rule 301.11(b) exceeds the authority of the committee by requiring the committee to conduct an adjudicative hearing prior to exempting an applicant from the approval and certificate provisions of RSA 162-H.

(b) Site 301.05, requires applications for proposed energy facilities to include a visual impact assessment. Such assessment is required for wind energy systems only under RSA 162-H:10-a, II(1). There is no such requirement in RSA 162-H:7 which applies to energy facilities in general.

(c) Site 301.08(c)(1) and (3) require all energy facilities to have a sound assessment and fire protection plan which are required only for wind energy facilities under RSA 162-H:10-a and high pressure gas pipelines under RSA 162-H:10-b.

(d) Site 301.08(c)(4) requires all energy facilities to have an emergency response plan. There is no such requirement in RSA 162-H.

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

Changed Version

Text to be added highlighted in green.

1 New Paragraph; Site Evaluation Committee; Rules. Amend RSA 162-H:10 by inserting after paragraph VII the following new paragraph:

VIII. No later than 60 days after the effective date of this paragraph, the committee shall initiate a proceeding to amend site 100 through site 300 adopted rules to ensure that no authority is assumed to the committee that is not specifically authorized by RSA 162-H.

2 Site Evaluation Committee; Rules. In order to amend the rules pursuant to section 1 of this act, the committee shall include, but not be limited to, the following:

(a) Site rule 301.11(b) exceeds the authority of the committee by requiring the committee to conduct an adjudicative hearing prior to exempting an applicant from the approval and certificate provisions of RSA 162-H.

(b) Site 301.05, requires applications for proposed energy facilities to include a visual impact assessment. Such assessment is required for wind energy systems only under RSA 162-H:10-a, II(1). There is no such requirement in RSA 162-H:7 which applies to energy facilities in general.

(c) Site 301.08(c)(1) and (3) require all energy facilities to have a sound assessment and fire protection plan which are required only for wind energy facilities under RSA 162-H:10-a and high pressure gas pipelines under RSA 162-H:10-b.

(d) Site 301.08(c)(4) requires all energy facilities to have an emergency response plan. There is no such requirement in RSA 162-H.

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