Bill Text: NH HB572 | 2015 | Regular Session | Amended
Bill Title: Relative to the siting of high pressure gas pipelines.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Passed) 2015-07-21 - Signed by the Governor on 7/20/2015; Chapter 264; Effective Date 7/20/2015 [HB572 Detail]
Download: New_Hampshire-2015-HB572-Amended.html
HB 572-FN-LOCAL - AS AMENDED BY THE SENATE
18Feb2015… 0323h
06/04/2015 1982s
2015 SESSION
15-0034
09/10
HOUSE BILL 572-FN-LOCAL
AN ACT relative to taking land by eminent domain for high pressure gas pipelines and 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
This bill:
I. Allows a residential owner an eminent domain option when land is taken by a utility for a high pressure gas.
II. Clarifies the amount of damages to be awarded to the owner of property acquired by eminent domain.
III. Requires rules to be adopted governing the siting of high pressure gas pipelines and provides guidelines for such rules.
IV. Requires the site evaluation committee to consider intervention in Federal Energy Regulatory Commission proceedings involving siting of high pressure gas pipelines.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
15-0034
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to taking land by eminent domain for high pressure gas pipelines and relative to the siting of high pressure gas pipelines.
Be it Enacted by the Senate and House of Representatives in General Court convened:
4 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.
5 Effective Date. This act shall take effect upon its passage.
LBAO
15-0034
Amended 06/18/15
HB 572-FN-LOCAL FISCAL NOTE
AN ACT relative to taking land by eminent domain for high pressure gas pipelines and relative to the siting of high pressure gas pipelines.
FISCAL IMPACT:
The Public Utilities Commission and Department of Revenue Administration state this bill, as amended by the Senate (Amendment #2015-1982s), may increase state and local expenditures and revenue by an indeterminable amount in FY 2016 and each year thereafter. There will be no impact on county expenditures or revenue.
METHODOLOGY:
The Public Utilities Commission states this bill addresses the scope of eminent domain takings of property for the construction of high pressure gas pipelines, and a procedure for determining the value of such property to be taken through eminent domain. This bill also requires the adoption of criteria for siting high pressure gas pipelines through rulemaking by the Site Evaluation Committee. Further, this bill requires the Site Evaluation Committee to consider intervention in Federal Energy Regulatory Commission proceedings involving the siting of high pressure gas pipelines in order to protect the interests of the State. The Commission states the potential fiscal impacts of this bill will be impacted by numerous uncertain and unpredictable factors. The number, scope, and complexity of and time to complete eminent domain proceedings will have an indeterminable impact on state expenditures. The extent of state resources needed, will depend on the scope of each proceeding. Finally, the Site Evaluation Committee rulemaking initiative would involve an indeterminable amount state resources and compensation for committee members.
The Department of Revenue Administration states this bill provides for an option on the part of residential property owners within 200 feet of a proposed high pressure gas pipeline to require the taker to condemn and take in the fee of the property and any improvements thereon. The Department states there may be a reallocation of relative tax burdens as an unknown number of properties may elect to have entire properties and the improvements thereon taken by eminent domain, and there may be a loss to the total assessed value of some municipalities. This bill will result in an indeterminable increase in local expenditures for impacted municipalities related to the increased cost of administration of assessment changes. The Department states local revenues may increase by an indeterminable amount and the change in apportionment of taxes is indeterminable.
