CHAPTER 264

HB 572-FN-LOCAL – FINAL VERSION

18Feb2015… 0323h

06/04/2015 1982s

24June2015… 2242CofC

24June2015… 2350EBA

2015 SESSION

15-0034

09/10

HOUSE BILL 572-FN-LOCAL

AN ACT relative to the siting of high pressure gas pipelines.

SPONSORS: Rep. J. Belanger, Hills 27; Rep. Frazer, Merr 13; Rep. Gardner, Straf 15; Rep. Edelblut, Hills 38; Rep. Coffey, Hills 25; Rep. Rappaport, Coos 1; Rep. Itse, Rock 10; Rep. D. McGuire, Merr 21; Rep. Grenier, Sull 7; Sen. Reagan, Dist 17

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

I. Requires rules to be adopted governing the siting of high pressure gas pipelines and provides guidelines for such rules.

II. Requires the site evaluation committee to consider intervention in Federal Energy Regulatory Commission proceedings involving siting of high pressure gas pipelines.

III. Allows terms and conditions contained to a certificate of site and facility to include the authority to require bonding.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18Feb2015… 0323h

06/04/2015 1982s

24June2015… 2242CofC

24June2015… 2350EBA

15-0034

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to the siting of high pressure gas pipelines.

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

264:1 New Section; Siting of High Pressure Gas Pipelines. Amend RSA 162-H by inserting after section 10-a the following new section:

162-H:10-b Siting of High Pressure Gas Pipelines; Rulemaking; Intervention.

I. To meet the objectives of this chapter, and with due regard to meeting the energy needs of the residents and businesses of New Hampshire, the general court finds that appropriately sited high pressure gas pipelines subject to committee approval have the potential to assist the state in accomplishing these goals. Accordingly, the general court finds that it is in the public interest for the site evaluation committee to establish criteria or standards governing the siting of high pressure gas pipelines in order to ensure that the potential benefits of such systems are appropriately considered and unreasonable adverse effects avoided through a comprehensive, transparent, and predictable process. When establishing any criteria, standard, or rule for a high pressure gas pipeline or when specifying the type of information that a high pressure gas pipeline applicant shall provide to the committee for its decision-making, the committee shall rely upon the best available evidence.

II. For the adoption of rules, pursuant to RSA 541-A, relative to the siting of high pressure gas pipelines, the committee shall address the following:

(a) Impacts to natural, scenic, recreational, visual, and cultural resources.

(b) Health and safety impacts, including but not limited to, proximity to high pressure gas pipelines that could be mitigated by appropriate setbacks from any high pressure gas pipeline.

(c) Project-related sound and vibration impact assessment prepared in accordance with professional standards by an expert in the field.

(d) Impacts to the environment, air and water quality, plants, animals, and natural communities.

(e) Site fire protection plan requirements.

(f) Best practical measures to ensure quality construction that minimizes safety issues.

(g) Best practical measures to avoid, minimize, or mitigate adverse effects.

(h) Criteria to maintain property owners’ ability to use and enjoy their property.

III. As soon as practicable, but no later than one year from the effective date of this section, the committee shall adopt rules, pursuant to RSA 541-A, consistent with paragraphs I and II of this section.

IV. The committee shall consider intervention in Federal Energy Regulatory Commission proceedings involving the siting of high pressure gas pipelines in order to protect the interest of the state of New Hampshire.

264:2 Certificate Terms and Conditions. Amend RSA 162-H:16, VI to read as follows:

VI. A certificate of site and facility may contain such reasonable terms and conditions, including but not limited to the authority to require bonding, as the committee deems necessary and may provide for such reasonable monitoring procedures as may be necessary. Such certificates, when issued, shall be final and subject only to judicial review.

264:3 Effective Date. This act shall take effect upon its passage.

Approved: July 20, 2015

Effective Date: July 20, 2015