reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:9 - Taking Land.

373:9 Taking Land. –
The railroad may take and hold such land or rights in land as may be necessary to enable it to do such work as may be authorized or required by order of the department of transportation under this chapter by filing a location thereof, as provided for filing the location of a railroad; and the parties shall have like remedies for a change of location and for the appraisal of damages thereunder.
Source.
1951, 203:58 par. 9. RSA 373:9. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:10 - Railroad Signs, Gates and Other Protection.

373:10 Railroad Signs, Gates and Other Protection. –
Every railroad shall construct, or improve, and operate and maintain at every grade crossing of its railroad with another railroad or highway such warning signs, gates or other protection; it shall so regulate the speed of its trains across any grade crossing and it shall give such appropriate warning of the approach of its trains to any grade crossing as the department of transportation, after notice and hearing, may find necessary in the interest of safety of the railroad or of the public; provided, however, that cost of constructing or improving such warning signs, gates or other protection shall be apportioned in accordance with the provisions of RSA 373:3. The railroad shall maintain signs, signals, gates or other equipment installed within the limits of its right of way, after the installation thereof.
Source.
1885, 98:1, 3. PS 159:4. PL 249:13. RL 299:16. 1951, 203:58 par. 10. RSA 373:10. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:11 - Warning Signs.

373:11 Warning Signs. –
The governmental authority responsible for maintaining a highway shall place and maintain warning signs on every highway approaching a crossing at grade of such highway and the tracks of a railroad, at a reasonable distance on each side of such crossing. The department of transportation shall prescribe the standards for warning signs for highway grade crossings. If any governmental authority, except the state, shall neglect to comply with the requirements hereof it shall forfeit $1 for each day during which it shall neglect to place or maintain each sign required hereby to be placed or maintained by it, such forfeiture to be recovered in an action of debt, in the name and for the use of the state.
Source.
1915, 4:1. PL 249:15. RL 299:18. 1951, 203:58 par. 11. RSA 373:11. 1977, 41:1. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:12 - Repealed by 1977, 41:3, eff. June 10, 1977.

373:12 Repealed by 1977, 41:3, eff. June 10, 1977. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:13 - Exemption.

373:13 Exemption. –
If in the case of any crossing it appears that the placing of such signs is impracticable or unnecessary, the department of transportation, on petition of the governmental authority responsible for maintaining the highway on which such crossing is situated, may release such governmental authority from the obligation of placing and maintaining the same.
Source.
1915, 4:3. PL 249:17. RL 299:20. 1951, 203:58 par. 13. RSA 373:13. 1977, 41:2. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:14 - Repealed by 1977, 41:4, eff. June 10, 1977.

373:14 Repealed by 1977, 41:4, eff. June 10, 1977. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:15 - Occupancy of Crossing by Engines or Cars.

373:15 Occupancy of Crossing by Engines or Cars. –
A railroad shall not occupy a grade crossing over a highway by its engines and cars more than 5 minutes at one time without authority from the department of transportation.
Source.
1850, 965:2, 3, 4. 1852, 1302:1. CS 150:49, 52. GS 148:7. GL 162:7. 1883, 26:1, 2. 1885, 98:6. 1889, 65:1; 90:2. PS 159:8. PL 249:27. RL 299:29. 1951, 203:58 par. 15. RSA 373:15. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:16 - Exceptions to 5 Minute Occupations.

373:16 Exceptions to 5 Minute Occupations. –
I. The department of transportation, upon petition, notice and hearing, may fix the maximum time for the occupancy of a railroad on a grade crossing over a highway. The maximum time shall not exceed 9 minutes.
II. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the time of maximum occupancy of a grade crossing.
Source.
1883, 26:1, 2. 1885, 98:6. 1889, 65:1; 90:2. PS 159:8. PL 249:28. RL 299:30. 1951, 203:58 par. 16. RSA 373:16. 1981, 435:7. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:17 - Penalty.

373:17 Penalty. –
Any person who violates the provisions of any of the preceding sections, or of any order of the department of transportation made hereunder, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, unless otherwise specifically provided.
Source.
1850, 965:2, 3, 4. CS 150:51. GS 148:5, 7. 1883, 26:1, 2. GL 162:5, 7. PS 159:9. PL 249:29. RL 299:31. 1951, 203:58 par. 17. RSA 373:17. 1973, 530:54. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:18 - Removal of Obstructions to View.

373:18 Removal of Obstructions to View. –
Whenever, after a hearing upon petition or upon its own motion, the department of transportation shall be of the opinion that the protection required by its order demands that the land adjacent to said crossing shall be cleared and kept clear of buildings, trees, brush or other obstructions, its order shall require the railroad corporation operating over the crossing to clear the land of such obstructions.
Source.
1951, 203:58 par. 18. RSA 373:18. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:19 - Taking Land.

373:19 Taking Land. –
Whenever any railroad shall deem it necessary for the public safety, or to prevent the kindling and spread of fire from its locomotives, that the land at or near any highway or private crossing at grade, or upon the inside of any curve, be cleared and kept clear of buildings, trees, brush or other obstructions, or that a strip of land alongside its right of way be cleared and kept clear of trees, brush or other vegetation as a fire strip, or whenever, to comply with any order made under RSA 373:18 it shall be necessary for any railroad to remove buildings, trees, brush or other obstructions from land not owned by it, any such railroad may file a location with the secretary of state and apply by petition to the department of transportation for permission to take such land, or such rights and easements in land, as may be needed for such purposes.
Source.
1951, 203:58 par. 19. RSA 373:19. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:20 - Procedure.

373:20 Procedure. –
Such petition shall set forth the title of the land involved, a description of the land, or of the rights and easements, and the purpose for which required, and proceedings shall thereafter be had as provided in RSA 372.
Source.
1951, 203:58 par. 20, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:21 - Recording Petition.

373:21 Recording Petition. –
At any time after the filing of a petition under RSA 373:19, the petitioner may record in the registry of deeds for the county where the land lies a certified copy of said petition, and no sale, lease, or other transfer of said land made after such record shall affect the proceedings, nor the title of said petitioner to any land, rights, or easements which may be granted therein; but any person acquiring the title of any landowner may, on his motion, be substituted in place of said landowner as a party to said proceedings wherever the same may be pending.
Source.
1951, 203:58 par. 21, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:22 - Department of Transportation Hearing.

373:22 Department of Transportation Hearing. –
Whenever, after hearing upon petition or upon its own motion, the department of transportation shall be of the opinion that the public safety requires the closing of any public or private crossing over a railroad, at grade or above or below such railroad, it shall order the same to be closed or shall make such order as in its opinion the public good may require, and it shall thereafter be the duty of the parties affected to comply therewith.
Source.
1935, 110:1. RL 299:39. 1951, 203:58 par. 22. RSA 373:22. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:23 - Advisory Group.

373:23 Advisory Group. –
At any such hearing, the director of the division of motor vehicles and one representative chosen by the selectmen of each town directly served by such crossing shall be invited to sit and confer with the department of transportation in an advisory capacity in the determination of the need for such crossing.
Source.
1935, 110:2. RL 299:40. 1951, 203:58 par. 23. RSA 373:23. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:24 - Service of Orders.

373:24 Service of Orders. –
In the case of a private crossing, such order shall be served upon the railroad and the landowner affected, or his legal representative. In the case of public crossings, service shall be made upon the railroad, the clerk or clerks of the towns directly served by such crossing, and, in addition, the order shall be published in a newspaper having general circulation throughout the county where such crossing is located.
Source.
1935, 110:3. RL 299:41. 1951, 203:58 par. 24, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:25 - Damages.

373:25 Damages. –
Any landowner, or his legal representative, entitled to damages by reason of the closing of any private crossing may file a petition with the department of transportation for the assessment of the same within 30 days from the date of such order, and not otherwise. The department of transportation shall set a date and place of hearing, shall give notice to the parties that may be affected, and shall hear and determine the issues raised. Damages, if any, shall be assessed against the railroad or the other interested parties in such proportion as said department of transportation shall order.
Source.
1935, 110:4. RL 299:42. 1951, 203:58 par. 25. RSA 373:25. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:26 - Appeal.

373:26 Appeal. –
Any party aggrieved by the assessment of the department of transportation may, within 60 days after the report of the department of transportation thereon and not afterwards, appeal to the superior court in the county where such crossing may be situated, and the court shall assess the same by jury and award costs to the prevailing party.
Source.
1935, 110:5. RL 299:43. 1951, 203:58 par. 26. RSA 373:26. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:27 - Limitation.

373:27 Limitation. –
Nothing in this subdivision shall be construed as altering the method of discontinuing highways now provided for by law wherein a crossing may be discontinued incidental to the closing of a highway.
Source.
1935, 110:6. RL 299:44. 1951, 203:58 par. 27, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:28 - Order to Establish.

373:28 Order to Establish. –
The department of transportation, upon petition of the selectmen or of 20 or more legal voters of a town, after notice and hearing, may order a railroad to establish such stopping places or depots in the town as it finds that the public good requires, within a time by it limited, and to stop trains at such stopping places or depots.
Source.
1850, 953:6. CS 150:61. GS 147:14. GL 161:14. PS 159:21. PL 249:37. RL 299:45. 1951, 203:58 par. 28. RSA 373:28. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:29 - Neglect.

373:29 Neglect. –
A railroad shall forfeit $100 for each month's neglect to comply with such order, for the use of the town.
Source.
1850, 953:6. CS 150:61. GS 147:15. GL 161:15. PS 159:22. PL 249:38. RL 299:46. 1951, 203:58 par. 29, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:30 - Maintenance.

373:30 Maintenance. –
Every railroad shall erect and maintain a sufficient fence upon each side of their road, except at the crossings of public highways; and, at every such crossing, they shall construct and maintain, upon each side of the highway, sufficient cattle guards or fences to prevent cattle from passing upon their road.
Source.
RS 146:6. CS 150:46. GS 148:1. 1868, 1:43. GL 162:1. PS 159:23. PL 249:39. RL 299:47. 1951, 203:58 par. 30, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:31 - By Landowner.

373:31 By Landowner. –
If any railroad shall neglect to erect or maintain fences, as provided in RSA 373:30, the owner of adjoining land may give notice thereof to any agent of the railroad; and, if the fence is not erected or made sufficient within 20 days, such owner may build or repair it and recover of the railroad twice the expense of so doing in an action on the case.
Source.
RS 146:6. CS 150:46. GS 148:2. GL 162:2. PS 159:24. PL 249:40. RL 299:48. 1951, 203:58 par. 31, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:32 - Neglect to Repair.

373:32 Neglect to Repair. –
If any person has agreed to repair or maintain such fence and neglects to do so, the railroad may rebuild the same and recover the expense of so doing of such person in an action on the case.
Source.
RS 146:7. CS 150:47. GS 148:3. GL 162:3. PS 159:25. PL 249:41. RL 299:49. 1951, 203:58 par. 32, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:33 - Establishing.

373:33 Establishing. –
If the owner of land and a railroad are not agreed upon the place, number or kind of cattle guards, passes or crossings to be constructed for his accommodation, either party may apply to the department of transportation, which, after notice, hearing and examination, shall determine the number, places, time and manner of construction of the same.
Source.
1850, 953:5. CS 150:45. GS 147:16. GL 161:16. 1889, 54:1. PS 159:19. PL 249:42. RL 299:50. 1951, 203:58 par. 33. RSA 373:33. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:34 - Failure to Construct.

373:34 Failure to Construct. –
If the railroad does not construct such cattle guards, passes and crossings within the times limited by the department of transportation, and does not pay the costs adjudged to be paid by it, upon request, it shall be guilty of a violation for each month's neglect.
Source.
1853, 1416:1. GS 147:17. GL 161:17. 1889, 54:1. PS 159:20. PL 249:43. RL 299:51. 1951, 203:58 par. 34. RSA 373:34. 1973, 531:111. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:35 - Alterations; Taking Land.

373:35 Alterations;  Taking Land. –
The department of transportation may require the railroad to raise any railroad bridge or any overhead highway bridge and, in the case of a highway bridge, to change the approaches thereto so as to make them as nearly level as practicable. Whenever it is necessary, in complying with such requirement of the department of transportation to raise or lower or otherwise change the location of a highway outside the railroad location, any land needed for that purpose shall be taken, and the damage, if any, to landowners shall be appraised and paid in the manner described in RSA 372.
Source.
1893, 39:1. PL 249:44, 45. RL 299:52, 53. 1951, 203:58 par. 35. RSA 373:35. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:36 - Notice.

373:36 Notice. –
Proceedings under this subdivision shall only be had after due notice to the railroad, the town or city and the landowners.
Source.
1893, 39:1. PL 249:47. RL 299:55. 1951, 203:58 par. 36, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:37 - Orders.

373:37 Orders. –
All orders and findings of the department of transportation shall be filed with the clerk of the town or city in which such bridge is located, and served upon the railroad.
Source.
1893, 39:1. PL 249:48. RL 299:56. 1951, 203:58 par. 37. RSA 373:37. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:38 - Neglect to Comply.

373:38 Neglect to Comply. –
Neglect by any railroad to comply with the orders of the department of transportation, within a reasonable time to be specified in such orders, shall be punished by a forfeiture of $50 a day, to be collected by the department of transportation, in the name and for the use of the state, in an action of debt.
Source.
1893, 39:3. PL 249:49. RL 299:57. 1951, 203:58 par. 38. RSA 373:38. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:39 - Clearance of Bridges or Other Overhead Structures; Height of Cars.

373:39 Clearance of Bridges or Other Overhead Structures;  Height of Cars. –
No overhead bridge or other structure shall hereafter be constructed across a railroad track in this state with less than 22 feet between the top of the rails and the lowest point of the overhead structure, except with the written consent of the department of transportation, and no railroad corporation shall receive or haul any freight car exceeding 16 feet in height from the rails to the top of the running board.
Source.
1893, 39:2. PL 249:50. RL 299:58. 1951, 203:58 par. 39. RSA 373:39. 1957, 58:1. 1985, 402:6, I(e)(5).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:40 - Repealed by 1989, 52:1, I, eff. June 18, 1989.

373:40 Repealed by 1989, 52:1, I, eff. June 18, 1989. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:41 - Repealed by 1989, 52:1, II, eff. June 18, 1989.

373:41 Repealed by 1989, 52:1, II, eff. June 18, 1989. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 373 - Crossings, Stations, Fences, Cattle Guards, Bridges, and Bridge Guards › Section 373:42 - Repealed by 1989, 52:1, III, eff. June 18, 1989.

373:42 Repealed by 1989, 52:1, III, eff. June 18, 1989. –
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:1 - Service.

374:1 Service. –
Every public utility shall furnish such service and facilities as shall be reasonably safe and adequate and in all other respects just and reasonable.
Source.
1911, 164:4. PL 240:1. RL 289:1. 1951, 203:21, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:1-a - Exceptions.

374:1-a Exceptions. –
Except as provided otherwise in this chapter, and except for RSA 374:2-a, RSA 374:28-a, RSA 374:34-a, RSA 374:48 through RSA 374:56, and RSA 374:59, the provisions of this chapter shall not apply to any end user of an excepted local exchange carrier, nor to any service provided to such end user.
Source.
2012, 177:9, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:2 - Charges.

374:2 Charges. –
All charges made or demanded by any public utility for any service rendered by it or to be rendered in connection therewith, shall be just and reasonable and not more than is allowed by law or by order of the public utilities commission. Every charge that is unjust or unreasonable, or in excess of that allowed by law or by order of the commission, is prohibited.
Source.
1911, 164:4. PL 240:2. RL 289:2. 1951, 203:22, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:2-a - Alternative to Herbicide Use.

374:2-a Alternative to Herbicide Use. –
Every public utility that uses herbicides to clear or maintain its rights-of-way shall offer, as an alternative to herbicide use, to cut back such vegetation, if requested by the owner of the land on which the right-of-way exists. The utility shall be permitted to charge the landowners who opt for the cutting of vegetation on their property an amount which has been approved by the public utilities commission and which reflects the increased cost the utility incurs in providing such an alternative. No utility shall indicate to any such landowner that such a charge may exist until the charge has been approved by the commission.
Source.
1990, 27:1. 1997, 36:1, eff. July 4, 1997.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:3 - Extent of Power.

374:3 Extent of Power. –
The public utilities commission and department of energy shall have the general supervision of all public utilities and the plants owned, operated or controlled by the same so far as necessary to carry into effect the provisions of this title.
Source.
1911, 164:5. PL 240:3. RL 289:3. 1951, 203:20, eff. Sept. 1, 1951. 2021, 91:261, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:3-a - Alternative Forms of Regulation; Incentive Regulation.

374:3-a Alternative Forms of Regulation;  Incentive Regulation. –
Upon petition of a regulated utility or upon its own initiative and after notice and hearing, the public utilities commission may approve alternative forms of regulation other than the traditional methods which are based upon cost of service, rate base and rate of return, provided that any such alternative results in just and reasonable rates and provides the utility the opportunity to realize a reasonable return on its investment.
Source.
1994, 193:2, eff. July 23, 1994.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:4 - Duty to Keep Informed.

374:4 Duty to Keep Informed. –
The commission and the department of energy shall have power, and it shall be their duty, to keep informed as to all public utilities in the state, their capitalization, franchises and the manner in which the lines and property controlled or operated by them are managed and operated, not only with respect to the safety, adequacy and accommodation offered by their service, but also with respect to their compliance with all provisions of law, orders of the commission and charter requirements.
Source.
1911, 164:5. PL 240:4. RL 289:4. 1951, 203:23, eff. Sept. 1, 1951. 2021, 91:263, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:5 - Additions and Improvements.

374:5 Additions and Improvements. –
For the purpose of enabling the commission and the department of energy to perform their duty to keep informed as provided in RSA 374:4, every public utility, before making any addition, extension, or capital improvement to its fixed property in this state, except under emergency conditions, shall report to the commission and the department of energy the probable cost of such addition, extension, or capital improvement whenever the probable cost thereof exceeds a reasonable amount to be prescribed by general or special order of the commission. For this purpose, the commission may classify public utilities according to the amount of their respective fixed capital accounts, and prescribe a reasonable limitation for each such classification. In no case shall the minimum amount prescribed be less than
1/4 of one percent of such fixed capital account as of December 31 of the preceding year, or $10,000, whichever is the smaller amount. Reports shall be filed in writing within such reasonable time as may be prescribed by the commission before starting actual construction on any addition, extension, or improvement. The commission shall have discretion to exclude the cost of any such addition, extension, or capital improvement from the rate base of said utility where such written report thereof shall not have been filed in advance as herein provided.
Source.
1951, 203:24, eff. Sept. 1, 1951. 2021, 91:263, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:5-a - Power to Hire Consultants Firm.

374:5-a Power to Hire Consultants Firm. –
The commission and the department of energy may utilize and employ a consultant firm to provide it with technical assistance in evaluating cost factors relating to the effective use of substantial investments of utilities regulated by the commission.
Source.
1975, 327:1, eff. Aug. 6, 1975. 2021, 91:263, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:6 - Inspection of Railroads.

374:6 Inspection of Railroads. –
The department of transportation shall have power, either through its members or duly authorized experts, to ride upon any locomotive or train of any railroad while in service for inspection purposes and to have, upon reasonable notice, a special locomotive and inspection car for a physical inspection once annually of all the lines and stations of each railroad in the state.
Source.
1911, 164:5. PL 240:5. RL 289:5. 1951, 203:25. RSA 374:6. 1985, 402:6, I(e)(6).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:7 - Investigation of Other Utilities; Orders.

374:7 Investigation of Other Utilities;  Orders. –
The commission and the department of energy shall have power to investigate and ascertain, from time to time, the quality of gas supplied by public utilities and the methods employed by public utilities in manufacturing, transmitting or supplying gas or electricity for light, heat or power, or in transmitting telephone and telegraph messages, or supplying water, and, after notice and hearing thereon, the commission shall have power to order all reasonable and just improvements and extensions in service or methods.
Source.
1911, 164:5. PL 240:6. RL 289:6. 1951, 203:26, eff. Sept. 1, 1951. 2021, 91:264, eff. July 1, 2021. 2022, 245:24, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:7-a - Violation.

374:7-a Violation. –
I. Any person who knowingly or willfully violates any provision of RSA 370:2 or any standards or rules adopted under it by the public utilities commission or the department of energy, relative to gas pipelines and liquefied petroleum gas systems pursuant to the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty not to exceed the maximum civil penalty under 49 U.S.C. section 60122(a), as amended.
II. Any person who otherwise violates any provision of RSA 370:2 or any standards or rules adopted under it by the public utilities commission or the department of energy, relative to gas pipelines and liquefied petroleum gas systems pursuant to the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty not to exceed the maximum civil penalty under 49 U.S.C. section 60122(a), as amended.
III. The department of energy shall assess and enforce civil penalties related to this section. Any civil penalty assessed under this section may be appealed to the public utilities commission, and the commission may uphold, reverse, or compromise such civil penalty. In determining the amount of the penalty, the outcome of an appeal, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, the good faith of the person charged in attempting to achieve compliance, after notification of a violation, the degree of culpability of the person, the history of prior violations, the effect of the penalty on the person, and any other identifiable factor related to the circumstances of the person and the nature and circumstances of the violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state to the person charged or may be recovered in a civil action in the state courts.
Source.
1969, 280:1. 1989, 240:2. 2004, 148:3, eff. Jan. 1, 2005. 2014, 91:3, eff. Jan. 1, 2015. 2021, 91:264, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:8 - Accounting Systems.

374:8 Accounting Systems. –
I. The commission may, whenever it deems it advisable, establish a system of accounts and records to be used by public utilities for their business within this state, may classify them and prescribe a system of accounts for each class, and may prescribe the manner in which said accounts shall be kept.
II. The uniform system of accounts for regulated utilities established under the provisions of this section shall be exempt from the requirements of RSA 541-A, the administrative procedure act. The commission shall file, however, in the office of legislative services a copy of all rules adopted, amended or repealed under this section by the commission.
Source.
1911, 164:6. PL 240:7. RL 289:7. 1951, 203:27. RSA 374:8. 1994, 193:3, eff. July 23, 1994.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:9 - Limitation.

374:9 Limitation. –
Nothing contained in RSA 374:8 shall be deemed to prevent public utilities from complying with any requirements made of them by the authority of the United States Government.
Source.
1911, 164:6. PL 240:8. RL 289:8. 1951, 203:28, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:10 - Depreciation Account.

374:10 Depreciation Account. –
Every public utility shall carry a proper and adequate depreciation account whenever the commission shall determine that such depreciation account can reasonably be required and shall so order. Every public utility shall conform its depreciation account to such rules, regulations and forms as may be prescribed by the commission.
Source.
1913, 98:1. PL 240:9. RL 289:9.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:11 - Use of Depreciation Fund.

374:11 Use of Depreciation Fund. –
The depreciation fund may be expended in new construction, extensions or additions to the property of the public utility, or invested and, if invested, the net income from the investment shall be added to the depreciation fund, unless the commission for good cause shown shall otherwise order. Such fund may be used only for new construction, extensions or additions to physical property or for renewing, restoring, replacing or substituting depreciated property in order to keep its plant and system in a state of repair and efficiency, or for paying debts incurred for such purposes.
Source.
1913, 98:1. PL 240:10. RL 289:10. 1951, 203:29, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:12 - Declaring Dividends.

374:12 Declaring Dividends. –
No public utility shall declare or pay any dividend except out of net corporate income, and except after setting aside such depreciation reserve, if any, as it may carry in compliance with the provisions of RSA 374:10; provided, that this section shall not prevent the payment of dividends in any year out of any undistributed balance of such net corporate income previously accumulated.
Source.
1913, 98:1. PL 240:11. RL 289:11.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:13 - Form of Accounts and Records.

374:13 Form of Accounts and Records. –
When the commission has prescribed the form of accounts and records to be kept by public utilities of any class, each public utility of that class shall thereafter keep the accounts and records so prescribed accurately and honestly and in the manner prescribed; and it shall be unlawful for it to keep any other accounts or records covering the matters included in the accounts and records prescribed, except those which it may be required to keep by the authority of the United States or of any other state.
Source.
1913, 98:1. PL 240:12. RL 289:12. 1951, 203:30, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:14 - False Entries, Etc.

374:14 False Entries, Etc. –
No person shall willfully make any false entry in the accounts or records of any public utility, or willfully destroy, mutilate or by any other means falsify such accounts or records, or willfully neglect or fail to make full, true or correct entries of all facts and transactions appertaining to the business of any public utility, which it is his duty to make; provided, that the commission may at its discretion issue orders specifying operating, accounting or financial accounts, records, memoranda, books or papers of public utilities which may, after a reasonable time, be destroyed, and may prescribe the length of time the same shall be preserved.
Source.
1913, 98:1. PL 240:13. RL 289:13. 1951, 203:31, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:15 - Filing.

374:15 Filing. –
Every public utility shall file with the commission and the department of energy reports at such times, verified by oath in such manner, and setting forth such statistics and facts, as may be required by the commission or the department of energy.
Source.
1911, 164:8. PL 240:14. RL 289:14. 1951, 203:32, eff. Sept. 1, 1951. 2021, 91:265, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:17 - Neglect to Report.

374:17 Neglect to Report. –
If any public utility shall neglect or refuse to make and file any report within a time specified by the commission or the department of energy, or shall neglect or refuse to make specific answer to any question lawfully asked by the commission or the department of energy, it shall forfeit to the state the sum of $100 for each day it shall continue to be in default with respect to such report or answer, unless it shall be excused from making such report or answer, or unless the time for making the same shall be extended.
Source.
1911, 164:8. PL 240:16. RL 289:16. 1951, 203:34, eff. Sept. 1, 1951. 2021, 91:266, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:18 - Production of Books, Etc.

374:18 Production of Books, Etc. –
The commission, by order, or the department of energy, may require any public utility to produce within the state, at such time and place as it may designate, any accounts, records, memoranda, books, or papers kept in any office or place without the state, or verified copies thereof, in order that an examination thereof may be made by or under the direction of the commission or the department of energy.
Source.
1913, 145:8. PL 240:17. RL 289:17. 1951, 203:35, eff. Sept. 1, 1951. 2021, 91:266, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:19 - False Statements, Etc.

374:19 False Statements, Etc. –
No public utility shall willfully make any false statement or false entry in any report to the commission or the department of energy, or in any answer to any question lawfully asked by the commission or the department of energy.
Source.
1913, 145:8. PL 240:18. RL 289:18. 1951, 203:36, eff. Sept. 1, 1951. 2021, 91:266, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:22 - Other Public Utilities.

374:22 Other Public Utilities. –
I. No person or business entity, including any person or business entity that qualifies as an excepted local exchange carrier, shall commence business as a public utility within this state, or shall engage in such business, or begin the construction of a plant, line, main, or other apparatus or appliance to be used therein, in any town in which it shall not already be engaged in such business, or shall exercise any right or privilege under any franchise not theretofore actually exercised in such town, without first having obtained the permission and approval of the commission.
II. No permission or approval under this section shall be required to be obtained by a foreign electric utility as defined in RSA 374-A:1 in connection with its participation in an electric power facility as defined in said section where the electric utility having the largest financial interest therein and the utility or utilities having primary responsibility for the construction or operation of the facility are domestic electric utilities as defined in said section or have obtained such permission.
III. No water company shall obtain the permission or approval of the commission to operate as a public utility without first satisfying any requirements of the department of environmental services concerning the suitability and availability of water for the applicant's proposed water utility.
Source.
1911, 164:13. 1913, 145:13. PL 240:21. RL 289:21. 1951, 203:38. RSA 374:22. 1975, 501:4. 1981, 449:2. 1985, 222:1. 1989, 138:6. 1996, 228:51, eff. July 1, 1996. 2012, 177:10, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:22-e - Service Territories; Department of Energy Jurisdiction.

374:22-e Service Territories;  Department of Energy Jurisdiction. –
I. If 2 or more telephone utilities find that they provide the same service in the same area or that existing maps create overlapping service territories, the department of energy, upon application by one or both of the affected utilities, shall define, alter, or establish service territories. In establishing or altering service territories, the department of energy shall consider the following:
(a) Existing service areas;
(b) Any voluntary agreements between or among 2 or more such telephone utilities which define the service territories of those utilities;
(c) Consistency with the orderly development of the region;
(d) Natural geographical boundaries;
(e) Compatibility with the interests of all consumers; and
(f) All other relevant factors.
II. The department of energy shall have power to exercise the jurisdiction conferred in this section only after due notice to all interested parties and hearing. After consideration of the factors established by paragraph I of this section, and after making findings that the service territories established or altered are consistent with the public good, the department of energy shall establish the service territory of each telephone utility. The service territory thus established shall be sufficiently definite and precise so that its boundaries may be accurately determined.
Source.
1990, 109:1, eff. June 12, 1990. 2021, 91:267, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:22-g - Service Territories Served by Certain Telephone Utilities.

374:22-g Service Territories Served by Certain Telephone Utilities. –
I. To the extent consistent with federal law and notwithstanding any other provision of law to the contrary, all telephone franchise areas served by a telephone utility that provides local exchange service, subject to the jurisdiction of the department of energy, shall be nonexclusive. The department of energy, upon petition or on its own motion, shall have the authority to authorize the providing of telecommunications services, including local exchange services, and any other telecommunications services, by more than one provider, in any service territory, when the department of energy finds and determines that it is consistent with the public good unless prohibited by federal law.
II. In determining the public good, the department of energy shall consider the interests of competition with other factors including, but not limited to, fairness; economic efficiency; universal service; carrier of last resort obligations; the incumbent utility's opportunity to realize a reasonable return on its investment; and the recovery from competitive providers of expenses incurred by the incumbent utility to benefit competitive providers, taking into account the proportionate benefit or savings, if any, derived by the incumbent as a result of incurring such expenses.
III. The department of energy shall adopt rules, pursuant to RSA 541-A, relative to the enforcement of this section.
Source.
1995, 147:3. 2008, 350:1, eff. Sept. 5, 2008. 2021, 91:268, eff. July 1, 2021. 2022, 245:25, eff. Aug. 20, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:22-i - Organization and Compensation.

374:22-i Organization and Compensation. –
The oversight committee shall have a chairperson who shall be chosen by vote from among the committee membership. The chairperson's term of office shall be for the biennium. The committee shall have a clerk who shall be chosen by vote by members of the committee. The clerk's term of office shall be for the biennium. The committee shall meet immediately upon the close of each legislative session. Four members of the committee shall constitute a quorum. The legislative members of the committee shall receive legislative mileage when in performance of their duties.
Source.
1997, 201:1. 2008, 27:2, eff. Nov. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:22-j - Duties of the Oversight Committee.

374:22-j Duties of the Oversight Committee. –
The committee's duties shall include, but not be limited to:
I. Examining the restructuring of telecommunications services and rates.
II. Examining the issue of the resale of telecommunications services and the feasibility of facilitating the resale process.
III. Considering the feasibility and cost-effectiveness of installing certain high-speed telecommunications lines.
IV. Exploring the feasibility of establishing special rates for educational institutions, to the extent that it has not occurred.
V. Examining the issue of rural access and delivery.
VI. Examining the expansion of internet access to all parts of New Hampshire, including rural areas.
VII. Examining the improvement of access to on-line services.
VIII. Examining the issues of encryption and data security in computer networks.
IX. Examining the issue of municipal aggregation of local, toll, and other telecommunications services.
X. Monitoring the issue of special contracts by telephone utilities.
XI. Examining the issue of non-disclosure by telecommunications carriers of customer information including information related to services subscribed to by individual customers.
XII. Examining the issue of network congestion on facilities and equipment owned by telephone utilities.
XIII. Monitoring the progress of the office of department of energy in relation to wireless telecommunications facilities.
XIV. Monitoring the progress of a la carte programming substitute initiatives to a la carte programming in the cable television industry, and monitoring impacts of television violence on children and initiatives addressing those concerns.
XV. Submitting a report, together with any recommendations for legislation, to the speaker of the house of representatives, the senate president, and the governor on or before November 1 of each year.
XVI. Examining the assessment of surcharges on pay telephone use.
XVII. Studying the implementation of a statewide emergency notification system which is appropriate for both state and local needs and considering possible funding sources for such system. The committee shall consider a reverse 911-system and other means of notification.
Source.
1997, 201:1. 2000, 179:2. 2001, 218:1. 2003, 319:9. 2004, 257:44. 2007, 229:1, eff. June 25, 2007. 2017, 156:64, eff. July 1, 2017. 2021, 91:200, eff. July 1, 2021.