1 New Subparagraph; Transmission Asset Replacement Projects. Amend RSA 162-H:2, VII by inserting after subparagraph (h) the following new subparagraph:

(i) A transmission asset replacement project.

2 New Paragraph; Transmission Asset Replacement Project; Definition. Amend RSA 162-H:2 by inserting after paragraph XI-a the following new paragraph:

XI-b. "Qualified transmission asset replacement project" means a transmission asset replacement project for which:

(a) The transmission line has a certificate and:

(1) None of the conditions of the certificate or associated permits would require amendment and no new permits would be required as a result of the replacement; and

(2) Neither the height of the poles or towers nor the width of the corridor, exclusive of trimming in an established easement, will be increased as a result of the replacement; or

(b) The transmission line would not meet the definitions in RSA 162-H:2, VII(c), (d), or (e) either before or as a result of the replacement.

3 New Paragraph; Transmission Asset Replacement Project; Definition. Amend RSA 162-H:2 by inserting after paragraph XII the following new paragraph:

XIII. "Transmission asset replacement project" means replacement of 5 percent or more transmission poles or towers within a 5-year period on an existing electric transmission line in an existing corridor, regardless of design rating.

4 New Paragraph; Role of State Agencies in All Proceedings. Amend RSA 162-H:7-b by inserting after paragraph VI the following new paragraph:

VII. The department of energy and the office of the consumer advocate shall automatically have full party status and the right to appeal in any adjudicative or non‑adjudicative proceeding before the committee in which the department or consumer advocate files a notice of participation. Any person or party that initiates a proceeding before the committee by application or otherwise shall provide a copy to the department at the time of filing. Any person or party filing confidential information in any proceeding in which the department or consumer advocate may appear, or exchanging confidential information in discovery or otherwise, shall provide the department and consumer advocate with such confidential information.

5 New Section; Application for Certificate; Qualified Transmission Asset Replacement Projects. Amend RSA 162-H by inserting after section 7-b the following new section:

162-H:7-c. Application for Certificate; Qualified Transmission Asset Replacement Projects.

I. This section applies only to certification of qualified transmission asset replacement projects as defined in RSA 162-H:2, XI-b.

II. All applications for a certificate for a qualified transmission asset replacement shall be filed with the chairperson of the site evaluation committee.

III. Upon filing of an application, the chairperson of the site evaluation committee shall expeditiously conduct a preliminary review to ascertain if the application contains sufficient information to carry out the purposes of this chapter.

IV. If the application does not contain such sufficient information, the chairperson shall, in writing, expeditiously notify the applicant of that fact and specify what information the applicant must supply.

V. Each application shall contain a sworn statement under the penalties of perjury that the proposed facility meets the criteria for a qualified transmission asset replacement project as defined in RSA 162-H:2, XI-b.

VI. Each application shall also:

(a) Describe in reasonable detail the type and size of each major part of the proposed facility;

(b) Identify both the applicant's preferred choice and other alternatives it considers available for the site and configuration of each major part of the proposed facility and the reasons for the applicant's preferred choice;

(c) Describe in reasonable detail the applicant's financial, technical, and managerial capability for construction and operation of the proposed facility;

(d) Describe in reasonable detail the elements of and financial assurances for a facility decommissioning plan; and

(e) Provide such additional information as the committee may require to carry out the purposes of this chapter.

VII. Upon filing the application with the committee, the applicant shall publish a public notice describing the nature and location of the proposed transmission asset replacement project in one or more newspapers having a regular circulation in any town and/or county in which the facility is located and shall provide a copy of the public notice to the city or town administrators in which the facility is located for public posting.

VIII. The committee shall determine whether to accept the application as administratively complete and that the application meets the requirements of RSA 162-H:2, XI-b, within 30 days of filing. If the committee rejects an application because it determines it to be administratively incomplete, the applicant may file a new and more complete application or cure the defects in the rejected application within 10 days of receipt of notification of rejection.

IX. Public information sessions and public hearings described in RSA 162-H:10, I through I‑c shall not be required for qualified transmission asset replacement projects.

X. The applicant shall immediately inform the committee of any substantive modification to its application.

XI. Within 180 days of the acceptance of an application, the committee shall issue or deny a certificate for a qualified transmission asset replacement project.

6 Application and Filing Fees. Amend RSA 162-H:8-a, II(b)(1) to read as follows:

(1) $3,600 per mile, for any electric transmission facility .

7 Public Hearing; Studies; Rules. Amend RSA 162-H:10, V to read as follows:

V. The site evaluation committee and counsel for the public shall conduct such reasonable studies and investigations as they deem necessary or appropriate to carry out the purposes of this chapter and may employ a consultant or consultants, legal counsel and other staff in furtherance of the duties imposed by this chapter, the cost of which shall be borne by the applicant or certificate holder in such amount as may be approved by the committee. The site evaluation committee and counsel for the public are further authorized to assess the applicant or certificate holder for all travel and related expenses associated with the processing of an application or other proceedings under this chapter.

8 New Subparagraph; Findings and Certificate Issuance. Amend RSA 162-H:16, IV by inserting after subparagraph (e) the following new subparagraph:

(f) In determining whether the issuance of a certificate for a transmission asset replacement project that is not qualified serves the public interest, the site evaluation committee shall consider, among other things, whether the facility:

(1) Is required to correct an underlying condition that negatively impacts the provision of reliable service;

(2) Provides economic benefit to New Hampshire's ratepayers;

(3) Provides additional capacity or capability that benefits New Hampshire citizens;

(4) Has no alternatives that could provide a similar level of service to that proposed for a lower cost.

9 New Paragraph; Findings and Certificate Issuance. Amend RSA 162-H:16 by inserting after paragraph IV the following new paragraph:

IV‑a. After due consideration of all relevant information regarding the potential significant impacts and benefits of a qualified transmission asset replacement project, the site evaluation committee shall determine if issuance of a certificate will serve the objectives of this chapter. In order to issue a certificate under this section, the committee shall find that:

(a) The applicant has adequate financial, technical, and managerial capability to assure construction and operation of the facility in continuing compliance with the terms and conditions of the certificate;

(b) Issuance of a certificate will serve the public interest; and

(c) In determining whether issuance of a certificate for a qualified transmission asset replacement project serves the public interest, the site evaluation committee shall consider whether the facility:

(1) Is required to correct an underlying condition that negatively impacts the provision of reliable service;

(2) Provides economic benefit to New Hampshire's ratepayers;

(3) Provides additional capacity or capability that benefits New Hampshire citizens; and

(4) Has no alternatives that could provide a similar level of service to that proposed for a lower cost.

10 Fund Established; Funding Plan. Amend RSA 162-H:21 to read as follows:

162-H:21 Fund Established; Funding Plan. There is hereby established in the office of the state treasurer a nonlapsing, special fund to be known as the site evaluation committee fund. All application and other filing fees received by the committee under RSA 162-H:8-a shall be deposited in the fund. All moneys in the fund shall by continually appropriated to the site evaluation committee and shall only be used to pay for operating costs of the committee, including, but not limited to, compensation and reimbursements made under RSA 162-H:22 for energy facility proceeding time and expenses, and administrator and other committee support costs under RSA 162-H:3 and RSA 162-H:3-a, except those costs paid by applicants under RSA 162-H:10, and all monitoring and enforcement costs of the department, except those costs charged directly to applicants or owners. In the event lawful expenditures of the committee and department in a fiscal year are greater than the total fees and charges held in the site evaluation committee fund, the chair of the site evaluation committee may request, with prior approval of the fiscal committee, that the governor and council authorize additional funding from general funds not otherwise appropriated. Notwithstanding any other provision of law, the department may engage additional technical, legal, or administrative support to fulfill the requirements of this chapter, the cost of which shall be charged directly to the applicant or energy facility owner.

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

1 New Subparagraph; Transmission Asset Replacement Projects. Amend RSA 162-H:2, VII by inserting after subparagraph (h) the following new subparagraph:

(i) A transmission asset replacement project.

2 New Paragraph; Transmission Asset Replacement Project; Definition. Amend RSA 162-H:2 by inserting after paragraph XI-a the following new paragraph:

XI-b. "Qualified transmission asset replacement project" means a transmission asset replacement project for which:

(a) The transmission line has a certificate and:

(1) None of the conditions of the certificate or associated permits would require amendment and no new permits would be required as a result of the replacement; and

(2) Neither the height of the poles or towers nor the width of the corridor, exclusive of trimming in an established easement, will be increased as a result of the replacement; or

(b) The transmission line would not meet the definitions in RSA 162-H:2, VII(c), (d), or (e) either before or as a result of the replacement.

3 New Paragraph; Transmission Asset Replacement Project; Definition. Amend RSA 162-H:2 by inserting after paragraph XII the following new paragraph:

XIII. "Transmission asset replacement project" means replacement of 5 percent or more transmission poles or towers within a 5-year period on an existing electric transmission line in an existing corridor, regardless of design rating.

4 New Paragraph; Role of State Agencies in All Proceedings. Amend RSA 162-H:7-b by inserting after paragraph VI the following new paragraph:

VII. The department of energy and the office of the consumer advocate shall automatically have full party status and the right to appeal in any adjudicative or non‑adjudicative proceeding before the committee in which the department or consumer advocate files a notice of participation. Any person or party that initiates a proceeding before the committee by application or otherwise shall provide a copy to the department at the time of filing. Any person or party filing confidential information in any proceeding in which the department or consumer advocate may appear, or exchanging confidential information in discovery or otherwise, shall provide the department and consumer advocate with such confidential information.

5 New Section; Application for Certificate; Qualified Transmission Asset Replacement Projects. Amend RSA 162-H by inserting after section 7-b the following new section:

162-H:7-c. Application for Certificate; Qualified Transmission Asset Replacement Projects.

I. This section applies only to certification of qualified transmission asset replacement projects as defined in RSA 162-H:2, XI-b.

II. All applications for a certificate for a qualified transmission asset replacement shall be filed with the chairperson of the site evaluation committee.

III. Upon filing of an application, the chairperson of the site evaluation committee shall expeditiously conduct a preliminary review to ascertain if the application contains sufficient information to carry out the purposes of this chapter.

IV. If the application does not contain such sufficient information, the chairperson shall, in writing, expeditiously notify the applicant of that fact and specify what information the applicant must supply.

V. Each application shall contain a sworn statement under the penalties of perjury that the proposed facility meets the criteria for a qualified transmission asset replacement project as defined in RSA 162-H:2, XI-b.

VI. Each application shall also:

(a) Describe in reasonable detail the type and size of each major part of the proposed facility;

(b) Identify both the applicant's preferred choice and other alternatives it considers available for the site and configuration of each major part of the proposed facility and the reasons for the applicant's preferred choice;

(c) Describe in reasonable detail the applicant's financial, technical, and managerial capability for construction and operation of the proposed facility;

(d) Describe in reasonable detail the elements of and financial assurances for a facility decommissioning plan; and

(e) Provide such additional information as the committee may require to carry out the purposes of this chapter.

VII. Upon filing the application with the committee, the applicant shall publish a public notice describing the nature and location of the proposed transmission asset replacement project in one or more newspapers having a regular circulation in any town and/or county in which the facility is located and shall provide a copy of the public notice to the city or town administrators in which the facility is located for public posting.

VIII. The committee shall determine whether to accept the application as administratively complete and that the application meets the requirements of RSA 162-H:2, XI-b, within 30 days of filing. If the committee rejects an application because it determines it to be administratively incomplete, the applicant may file a new and more complete application or cure the defects in the rejected application within 10 days of receipt of notification of rejection.

IX. Public information sessions and public hearings described in RSA 162-H:10, I through I‑c shall not be required for qualified transmission asset replacement projects.

X. The applicant shall immediately inform the committee of any substantive modification to its application.

XI. Within 180 days of the acceptance of an application, the committee shall issue or deny a certificate for a qualified transmission asset replacement project.

6 Application and Filing Fees. Amend RSA 162-H:8-a, II(b)(1) to read as follows:

(1) $3,600 per mile, for any electric transmission facility , except for qualified transmission asset replacement projects as defined inRSA 162-H:2, XI-b, which shall have a per mile fee of $1,800 .

7 Public Hearing; Studies; Rules. Amend RSA 162-H:10, V to read as follows:

V. The site evaluation committee and , in proceedings in which they appear, counsel for the public , and the department of energy shall conduct such reasonable studies and investigations as they deem necessary or appropriate to carry out the purposes of this chapter and may employ a consultant or consultants, legal counsel and other staff in furtherance of the duties imposed by this chapter, the cost of which shall be borne by the applicant or certificate holder . The site evaluation committee , counsel for the public , and the department of energy are further authorized to assess the applicant or certificate holder for all travel and related expenses associated with the processing of an application or other proceedings under this chapter.

8 New Subparagraph; Findings and Certificate Issuance. Amend RSA 162-H:16, IV by inserting after subparagraph (e) the following new subparagraph:

(f) In determining whether the issuance of a certificate for a transmission asset replacement project that is not qualified serves the public interest, the site evaluation committee shall consider, among other things, whether the facility:

(1) Is required to correct an underlying condition that negatively impacts the provision of reliable service;

(2) Provides economic benefit to New Hampshire's ratepayers;

(3) Provides additional capacity or capability that benefits New Hampshire citizens;

(4) Has no alternatives that could provide a similar level of service to that proposed for a lower cost.

9 New Paragraph; Findings and Certificate Issuance. Amend RSA 162-H:16 by inserting after paragraph IV the following new paragraph:

IV‑a. After due consideration of all relevant information regarding the potential significant impacts and benefits of a qualified transmission asset replacement project, the site evaluation committee shall determine if issuance of a certificate will serve the objectives of this chapter. In order to issue a certificate under this section, the committee shall find that:

(a) The applicant has adequate financial, technical, and managerial capability to assure construction and operation of the facility in continuing compliance with the terms and conditions of the certificate;

(b) Issuance of a certificate will serve the public interest; and

(c) In determining whether issuance of a certificate for a qualified transmission asset replacement project serves the public interest, the site evaluation committee shall consider whether the facility:

(1) Is required to correct an underlying condition that negatively impacts the provision of reliable service;

(2) Provides economic benefit to New Hampshire's ratepayers;

(3) Provides additional capacity or capability that benefits New Hampshire citizens; and

(4) Has no alternatives that could provide a similar level of service to that proposed for a lower cost.

10 Fund Established; Funding Plan. Amend RSA 162-H:21 to read as follows:

162-H:21 Fund Established; Funding Plan. There is hereby established in the office of the state treasurer a nonlapsing, special fund to be known as the site evaluation committee fund. All application and other filing fees received by the committee under RSA 162-H:8-a shall be deposited in the fund. All moneys in the fund shall by continually appropriated to the site evaluation committee and shall only be used to pay for operating costs of the committee, including, but not limited to, compensation and reimbursements made under RSA 162-H:22 for energy facility proceedings time and expenses, and administrator and other committee support costs under RSA 162-H:3 and RSA 162-H:3-a, except those costs paid by applicants under RSA 162-H:10, and all proceedings, monitoring , and enforcement costs of the department, except those costs charged directly to applicants or owners. In the event lawful expenditures of the committee and department in a fiscal year are greater than the total fees and charges held in the site evaluation committee fund, the chair of the site evaluation committee may request, with prior approval of the fiscal committee, that the governor and council authorize additional funding from general funds not otherwise appropriated. Notwithstanding any other provision of law, the department may engage additional technical, legal, or administrative support to fulfill the requirements of this chapter, the cost of which shall be charged directly to the applicant or energy facility owner.

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