reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:31 - Status of Authority Employees; Entitlement to Certain State Benefits.

162-A:31 Status of Authority Employees;  Entitlement to Certain State Benefits. –
I. The authority may hire, fix, and pay compensation, prescribe duties and qualifications, and establish personnel policies without regard to any personnel or civil service law or personnel or civil service rule of the state. The employees of the authority shall not be classified employees of the state within the meaning of RSA 21-I:49. Any individual employed by the authority shall be deemed an employee at will and shall serve at the pleasure of the authority.
II. Notwithstanding the provisions of paragraph I, any individual employed by the authority whose employment calls for 30 hours or more work in a normal calendar week, and whose position is anticipated to have a duration of 6 months or more, shall be entitled to elect to receive such health, dental, and life insurance benefits as are afforded to classified employees of the state, provided, however, that the election is made in writing within 30 days of the start of employment. Upon election by such individual, the authority shall pay from its revenues the state's share of such benefits. Any remaining costs of health, dental, and life insurance benefits which an individual elects to receive pursuant to this section shall be withheld from such individual's salary as a payroll deduction. Written notice of the availability of these benefit options shall be provided to each individual upon employment by the authority. The authority may establish a qualified retirement plan and a deferred compensation plan for those individuals covered under this paragraph.
Source.
1997, 329:12, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-B - Peaceful Uses of Atomic Energy › Section 162-B:1 - Declaration of Policy.

162-B:1 Declaration of Policy. –
I. The state of New Hampshire endorses the action of the Congress of the United States in enacting the Atomic Energy Act of 1954 to institute a program to encourage the widespread participation in the development and utilization of atomic energy for peaceful purposes to the maximum extent consistent with the common defense and security and with the health and safety of the public; and therefore declares the policy of the state to be, (1) To cooperate actively in the program thus instituted; and (2) To the extent that the regulation of special nuclear materials and by-product materials, of production facilities and utilization facilities, and of persons operating such facilities, may be within the jurisdiction of the state, to provide for the exercise of the state's regulatory authority so as to conform, as nearly as may be, to the Atomic Energy Act of 1954 and regulations issued thereunder, to the end that there may, in effect, be a single harmonious system of regulation within the state.
II. The state of New Hampshire recognizes that the development of industries producing or utilizing atomic energy may result in new conditions calling for changes in the laws of the state and in regulations issued thereunder with respect to health and safety, working conditions, workers' compensation, transportation, public utilities, life, health, accident, fire, and casualty insurance, the conservation of natural resources, including wildlife, and the protection of streams, rivers and airspace from pollution, and therefore declares the policy of the state to be, (1) To adapt its laws and regulations to meet the new conditions in ways that will encourage the healthy development of industries producing or utilizing atomic energy while at the same time protecting the public interest; and (2) To initiate continuing studies of the need for changes in the relevant laws and regulations of the state by the respective departments and agencies of state government responsible for their administration; and (3) To assure the coordination of the studies thus undertaken, particularly with other atomic industrial development activities of the state and with the development and regulatory activities of other states and of the government of the United States.
Source.
1955, 281:1, eff. Aug. 1, 1955.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-B - Peaceful Uses of Atomic Energy › Section 162-B:2 - United States Licenses or Permits Required.

162-B:2 United States Licenses or Permits Required. –
No person shall manufacture, construct, produce, transfer, acquire or possess any special nuclear material, by-product material, production facility, or utilization facility or act as an operator of a production or utilization facility wholly within this state unless he shall have first obtained a license or permit for the activity in which he proposes to engage from the United States Atomic Energy Commission, if, pursuant to the Atomic Energy Act of 1954, the commission requires a license or permit to be obtained by persons proposing to engage in activities of the same type over which it has jurisdiction.
Source.
1955, 281:2, eff. Aug. 1, 1955.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-B - Peaceful Uses of Atomic Energy › Section 162-B:3 - Conduct of Studies Concerning Changes in Laws and Regulations With a View to Atomic Industrial Development.

162-B:3 Conduct of Studies Concerning Changes in Laws and Regulations With a View to Atomic Industrial Development. –
Each of the following departments and agencies of the state government is directed to initiate and to pursue continuing studies as to the need, if any, for changes in the laws and regulations administered by it that would arise from the presence within the state of special nuclear materials and by-product materials and from the operation herein of production or utilization facilities, and, on the basis of such studies, to make such recommendations for the enactment of laws or amendments to laws administered by it, and such proposals for amendments to the regulations issued by it, as may appear necessary and appropriate.
I. The department of health and human services, particularly as to hazards, if any, to the public health and safety.
II. The department of labor, particularly as to hazardous working conditions, if any, the time and character of proof of claims of injuries and the extent of the compensation allowable therefor.
III. The department of transportation, particularly as to the transportation of special nuclear materials and by-product materials on highways of the state.
IV. The public utilities commission and the department of energy, particularly as to the transportation of special nuclear materials and by-product materials by common carriers or public or private air carriers not in interstate commerce and as to the participation by public utilities subject to their jurisdiction in projects looking to the development of production or utilization facilities for industrial or commercial use.
V. The department of insurance, particularly as to the insurance of persons and property from hazards to life and property resulting from atomic development.
VI. The council on resources and development, particularly as to the hazards, if any, to the natural resources of the state, including wildlife, and as to the protection, if necessary, of rivers, streams, and airspace from pollution.
VII. Such other departments and agencies including departments and agencies of political subdivisions of the state as the governor may direct and for the purposes specified by him.
Source.
1955, 281:3. 1983, 291:1, I. 1995, 310:181. 2004, 257:34, eff. June 15, 2004. 2021, 91:223, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-B - Peaceful Uses of Atomic Energy › Section 162-B:4 - Coordination of Studies and Development Activities.

162-B:4 Coordination of Studies and Development Activities. –
I. The governor and council shall appoint the head of one of the state departments concerned as adviser to the governor with respect to atomic industrial development within the state; as coordinator of the development and regulatory activities of the state government relating to the industrial and commercial uses of atomic energy; and as deputy of the governor in matters relating to atomic energy, including participation in the activities of any committee formed by the New England states to represent their interest in such matters and also cooperation with other states and with the government of the United States. The department head so appointed shall have the additional title of Coordinator of Atomic Development Activities.
II. The coordinator of atomic development activities shall have the duty of coordinating the studies, recommendations, and proposals of the several departments and agencies of the state government required by RSA 162-B:3 with each other and also with the programs and activities of the department of business and economic affairs of the state. So far as may be practicable, he shall coordinate the studies conducted, and the recommendations and proposals made, in this state with like activities in the New England and other states and with the policies and regulations of the United States Atomic Energy Commission. In carrying out his duties, he shall proceed in close cooperation with the department of business and economic affairs.
III. The several departments and agencies of the state government which are directed by RSA 162-B:3 to initiate and pursue continuing studies are further directed to keep the coordinator of atomic development activities fully and currently informed as to their activities relating to atomic energy. No regulation or amendment to a regulation applying specifically to an atomic energy matter shall become effective until 30 days after it has been submitted to the coordinator, unless, upon a finding of emergency need, the governor by order waives all or any part of this 30-day period.
IV. The coordinator of atomic development activities shall keep the governor and council and the several interested departments and agencies informed at least biennially as to private and public activities affecting atomic industrial development and shall enlist their cooperation in taking action to further such development as is consistent with the health, safety and general welfare of this state.
Source.
1955, 281:4. 1973, 140:39, eff. Jan. 1, 1974. 2017, 156:14, II, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-B - Peaceful Uses of Atomic Energy › Section 162-B:5 - Injunction Proceedings.

162-B:5 Injunction Proceedings. –
Whenever, in the opinion of the attorney general, any person is violating or is about to violate RSA 162-B:2, the attorney general may apply to the appropriate court for an order enjoining the person from engaging or continuing to engage in the activity violative of this chapter and upon a showing that such person has engaged or is about to engage in any such activity, a permanent or temporary injunction, restraining order, or other order may be granted.
Source.
1955, 281:5, eff. Aug. 1, 1955.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-B - Peaceful Uses of Atomic Energy › Section 162-B:6 - Definitions.

162-B:6 Definitions. –
As used in this chapter,
I. The term "atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation.
II. The term "by-product material" means any radioactive materials (except special nuclear materials) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear materials.
III. The term "production facility" means (1) any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device.
IV. The term "special nuclear material" means (1) plutonium and uranium enriched in the isotope 233 or in the isotope 235, and any other material which the governor declares by order to be special nuclear material after the United States Atomic Energy Commission has determined the material to be such; or (2) any material artificially enriched by any of the foregoing.
V. The term "utilization facility" means (1) any equipment or device, except an atomic weapon, capable of making use of special nuclear materials in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device.
Source.
1955, 281:7, eff. Aug. 1, 1955.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-C - Council on Resources and Development › Section 162-C:1 - Council Established.

162-C:1 Council Established. –
There is established a council on resources and development which shall include the following members:
I. The commissioner or appropriate division director, department of business and economic affairs, or designee, who shall serve as chairperson of the council.
II. The commissioner or assistant commissioner, department of environmental services, or designee.
III. The commissioner or appropriate division director, department of agriculture, markets, and food, or designee.
IV. The executive director or appropriate division director, fish and game department, or designee.
V. The commissioner or assistant commissioner, department of safety, or designee.
VI. The commissioner of the department of health and human services or a member of the senior management team, or designee.
VII. The commissioner or assistant commissioner, department of education, or designee.
VIII. The commissioner or assistant commissioner, department of transportation, or designee.
IX. The commissioner or appropriate division director, department of natural and cultural resources, or designee.
X. The commissioner or appropriate division director, department of administrative services, or designee.
XI. The executive director or chairman of the New Hampshire housing finance authority, or designee.
Source.
1963, 301:1. 1965, 212:1. 1986, 176:3; 202:6, I(c), (f). 1987, 283:5. 1995, 130:4; 310:182. 1999, 59:1. 2001, 249:2. 2003, 319:9,127. 2004, 171:19; 257:44. 2008, 150:1, eff. June 6, 2008. 2017, 156:43, 44, 64, eff. July 1, 2017. 2021, 91:199, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-C - Council on Resources and Development › Section 162-C:2 - Responsibilities.

162-C:2 Responsibilities. –
The council shall:
I. Consult upon common problems in the fields of environmental protection, natural resources, and growth management including the encouragement of smart growth;
II. Consult with, negotiate with, and obtain information from, any federal or state agency concerned with any of the council's problems, reports, recommendations or studies;
III. Make biennial reports and recommendations, as may be desirable, to the governor and council;
IV. Make studies and recommendations concerning changes to effectively coordinate the work of the agencies which have membership in the council;
V. Resolve differences or conflicts concerning development, resource management, or the encouragement of smart growth which result from the work of any agency represented on the council in developing policies, plans, or programs. The council shall investigate; if possible, resolve the problem; and if appropriate, submit its recommendations to the governor and council or to the general court. If investigation by the council shows that the laws and rules of an agency represented on the council are in conflict with those of another agency, the council shall submit a report with recommendations to the governor and council or to the general court;
VI. Resolve differences and conflicts among the agencies and departments of the state in the implementation of the tourism policy under RSA 12-O:14;
VII. Review the disposal of state owned real property pursuant to RSA 4:40;
VIII. Provide oversight relative to the statewide public boat access program, work with the public water access advisory board and provide recommendations to the governor and executive council regarding public access;
IX. Complete the smart growth report required under RSA 9-B:6;
X. Review and coordinate the distribution of funds by state agencies to local and regional entities to encourage consistency with and provide support for New Hampshire's smart growth policies under RSA 9-B:4;
XI. Review the following actions by state agencies and ensure, in consultation with the long range capital planning and utilization committee established by RSA 17-M:1-3, that these actions are taken into consideration in the long range capital improvement program that is updated every 2 years in conjunction with the capital budget process, and provide recommendations to the governor regarding whether the actions are consistent with New Hampshire's smart growth policies under RSA 9-B:5:
(a) Capital budget requests;
(b) Building operation and maintenance plans; and
(c) Facility location and planning; and
XII. Facilitate coordination of state agencies to support local, regional, and state planning efforts consistent with RSA 9-A:1-4.
Source.
1963, 301:2. 1965, 212:2. 1973, 140:7. 1981, 364:1. 1986, 165:3; 224:5. 1987, 283:6, 7. 1992, 265:6. 2000, 292:7. 2001, 249:3. 2006, 307:2. 2008, 150:2, eff. June 6, 2008. 2017, 156:59, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-C - Council on Resources and Development › Section 162-C:3 - Tenure of Members.

162-C:3 Tenure of Members. –
Members shall serve without compensation, and any member's term of office shall terminate when he ceases to be a member of the state agency he represents.
Source.
1963, 301:3. 1965, 212:3, eff. July 1, 1965.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-C - Council on Resources and Development › Section 162-C:4 - Meetings.

162-C:4 Meetings. –
The council shall meet at least once every 3 months, but may meet more often as it shall determine. The chairman shall prepare and deliver an agenda to all members at least 7 days in advance of each meeting. The council shall provide a copy of the minutes from each meeting to the senate president, the speaker of the house of representatives, the long range capital planning and utilization committee, and the governor and council.
Source.
1963, 301:4. 1965, 212:4. 1987, 283:8. 2006, 307:3, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-C - Council on Resources and Development › Section 162-C:7 - Powers and Duties.

162-C:7 Powers and Duties. –
The council shall oversee, direct, and expend funds in the monitoring endowment of the former New Hampshire land conservation investment program in accordance with the purposes of this subdivision and RSA 227-M:12. This includes, but is not limited to, the authority to draw upon funds for the administrative costs of the endowment.
Source.
1995, 10:4. 2000, 245:3, eff. June 8, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-C - Council on Resources and Development › Section 162-C:8 - Monitoring Endowment.

162-C:8 Monitoring Endowment. –
I. The monitoring endowment established by the board of directors pursuant to former RSA 221-A:5, III shall be maintained in perpetuity and shall be utilized by the council only for the purposes of monitoring and enforcing the property rights of persons with ownership interests in property acquired through the former land conservation investment program. Additional contributions to the endowment pursuant to RSA 227-M:12, I shall be accounted for separately and shall be utilized only for the purposes of RSA 227-M:12, II. Additional gifts, donations, and grants to the endowment may be utilized for monitoring and enforcing other land conservation interests that may be acquired by the state of New Hampshire.
II. The principal of the endowment shall be managed by the state treasurer for the sole purpose of providing a perpetual source of income, as defined by the state treasurer, for the purposes set forth in this subdivision and RSA 227-M:12.
III. Any income earned on the endowment principal which is not used for the purposes set forth in this subdivision and RSA 227-M:12 within the fiscal year in which it is earned shall be nonlapsing. The state treasurer is authorized to accept gifts, donations, and grants, including federal gifts, donations, and grants, for the purposes set forth in this chapter, and such gifts, donations and grants shall be added to the principal amount.
IV. The council shall, pursuant to the monitoring endowment established under former RSA 221-A:5, III, and the provisions of RSA 162-C:8, I, prepare an annual report to be presented no later than December 1 of each year to the speaker of the house, the president of the senate, the governor, the house clerk, the senate clerk, and the state library. The report shall include a listing of all lands and interests in lands subject to the monitoring provisions of RSA 162-C:7, I and a complete financial accounting of the funds in the monitoring endowment including expenditures for the most recent full fiscal year. The report shall also summarize monitoring activities and findings for each property, as conducted in the most recent full fiscal year.
Source.
1995, 10:4. 2000, 245:4. 2002, 86:2. 2004, 257:47. 2007, 151:1, eff. Aug. 17, 2007.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-C - Council on Resources and Development › Section 162-C:9 - Management.

162-C:9 Management. –
I. Each assignment of land under this subdivision to a state agency or a municipality shall be subject to review and reassignment if the council deems it advisable.
II. No lands purchased in fee for permanent state ownership under the former RSA 221-A shall be posted to prohibit hunting or fishing, unless the council, by a majority vote of the voting members, deems such posting to be necessary to protect the interests of the state and the safety of its citizens, or upon recommendation of the fish and game commission or the division of forests and lands.
Source.
1995, 10:4. 2006, 307:4, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-C - Council on Resources and Development › Section 162-C:10 - Public Trust.

162-C:10 Public Trust. –
The lands and interests in lands acquired under the former RSA 221-A through the use of the trust fund for the program shall be held in public trust and used and applied for the purposes of this subdivision. Notwithstanding any other provision of law relating to the disposal of publicly-owned real estate, no deviation in the uses of any land or interest in land so acquired to uses or purposes not consistent with the purposes of this subdivision shall be permitted. The sale, transfer, conveyance, or release of any such land or interest in land from public trust is prohibited.
Source.
1995, 10:4, eff. April 12, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-C - Council on Resources and Development › Section 162-C:11 - Public Access; Liability.

162-C:11 Public Access;  Liability. –
No person, or the person's successor in title, who has granted or sold rights of public access by virtue of an easement, right-of-way, development right, or other means in accordance with the purposes of this subdivision shall be liable to a user of that right of access for injuries suffered on that portion of the access way unless those injuries are caused by the willful or wanton misconduct of the grantor or successor in title.
Source.
1995, 10:4, eff. April 12, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:1 - Decommissioning Responsibility.

162-F:1 Decommissioning Responsibility. –
The legislature recognizes that in order to ensure the health, safety, and well-being of the public and of current and future generations, a costly and comprehensive decommissioning procedure is necessary at the end of the useful or serviceable life of nuclear electric generating facilities. Because the costs are substantial and because these costs are the direct and predictable result of operating such a facility and should not have to be borne by the state, it is found to be in the public interest to require that adequate fiscal responsibility be established to ensure proper and safe decommissioning, and also to ensure subsequent surveillance of a nuclear reactor site to the extent necessary to prevent such sites from constituting a hazard to current or future generations. The legislature, therefore, hereby establishes a procedure that will provide assurance of adequate funding by each owner of a facility for decommissioning.
Source.
1971, 357:1. 1981, 109:1. 1991, 295:2. 2001, 193:3, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:1-a - Repealed by 1974, 39:2, eff. April 5, 1974.

162-F:1-a Repealed by 1974, 39:2, eff. April 5, 1974. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:2 - to 162-F:13 Repealed by 1991, 295:3, eff. Jan. 1, 1992.

162-F:2 to 162-F:13 Repealed by 1991, 295:3, eff. Jan. 1, 1992. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:15 - Committee Established.

162-F:15 Committee Established. –
I. A nuclear decommissioning financing committee shall be established for each facility. The committee shall have jurisdiction to determine the projected cost of decommissioning the facility and the schedule of payments for each owner. The committee shall have jurisdiction to determine what decommissioning is required. The radiological standards of the Nuclear Regulatory Commission shall apply for purposes of releasing the site for unrestricted use.
II. Each committee shall consist of one person who is a resident of the town or city in which the facility is located and who shall be appointed by the selectmen of the town or the mayor and council of the city, the chairman of the public utilities commission, the commissioner of the department of energy, one senator, to be appointed by the senate president, one house member, to be appointed by the speaker of the house of representatives, the state treasurer or designee, the commissioner of the department of health and human services or designee, and the commissioner of the department of safety or designee.
III. The person appointed by the selectmen of the town or the mayor and council of the city shall serve a 3-year term and any vacancy shall be filled for the unexpired term in the same manner as the original appointment. In the event that more than one facility is licensed to be built in the state, the committee as designated in RSA 162-F:15, II shall serve in the same capacity, except that the appointed member who is a resident of the city or town shall be selected in the manner prescribed by this section.
Source.
1981, 109:2. 1983, 291:1, I. 1994, 386:6. 1998, 164:1; 262:3. 2001, 193:5, eff. Sept. 3, 2001. 2021, 91:222, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:15-a - Rulemaking.

162-F:15-a Rulemaking. –
The committee shall adopt rules under RSA 541-A relative to the conduct of hearings under RSA 162-F:21.
Source.
1993, 330:5. 2012, 171:11, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:16 - Overlapping Jurisdictions.

162-F:16 Overlapping Jurisdictions. –
If a facility is located in more than one city or town, for the purpose of selecting a nuclear decommissioning financing committee, it shall be deemed to be located in the city or town in which the largest part of the main nuclear reactor building is located.
Source.
1981, 109:2, eff. May 4, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:17 - Organization of Committees.

162-F:17 Organization of Committees. –
I. The temporary chairman of each committee formed, who shall be the commissioner of the department of energy, shall call an organizational meeting within 90 days of formation. At the organizational meeting, the committee shall select a chairman to serve for a 3-year term, elect such other officers as the members shall determine, and establish a schedule of meetings for determining the requirements of the decommissioning fund.
II. Each committee may hire such temporary help, including consultants, as it deems necessary to carry out its duties under this chapter. The committee shall establish an amount to be paid to the resident member of the committee for each day actually engaged in the duties of the committee.
Source.
1981, 109:2. 1994, 386:7. 2001, 193:6, eff. Sept. 3, 2001. 2021, 91:225, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:18 - Expenses of Committee.

162-F:18 Expenses of Committee. –
The reasonable expenses of each committee and the office of the attorney general, including the services of consultants, and clerical and technical assistance, shall be a direct charge against the owner or owners of the facility.
Source.
1981, 109:2. 1994, 386:8. 2001, 193:7, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:19 - Fund; Schedule of Payment Established.

162-F:19 Fund;  Schedule of Payment Established. –
I. A separate nuclear decommissioning financing fund, with a separate account for each owner, shall be established for each facility in the state. The committee shall determine the projected cost of decommissioning, the funding date, and the schedule of payments sufficient to ensure that the full cost of decommissioning shall be met by the funding date. The moneys in such fund shall not be subject to any state taxes and shall not be subject to any federal taxes to the extent allowed by applicable federal law.
II. Each owner shall be separately liable for its proportional share, based on its ownership interest, of the cost of decommissioning the facility. The state shall have no financial responsibility for decommissioning, or the demolition and removal of facilities constructed as part of any uncompleted facility.
III. The committee shall establish a schedule for payments of moneys into the fund for each owner of the facility that shall not be less than necessary to reach the projected cost of decommissioning, as determined by the committee. The schedule of payments shall be based upon the funding date established by the committee and the owner's individual funding requirement.
IV. When the committee determines that the owner has provided funding assurance sufficient to ensure payment of the owner's proportionate share of the full decommissioning cost of the facility, including full funding for decommissioning in the event of a premature permanent cessation of operation, the committee may then establish a schedule of payments for that owner, which shall be collected over a period of time not to exceed the remaining license life of the facility. Any such schedule of payments shall be in lieu of a schedule of payments based on the funding date.
Source.
1981, 109:2. 2001, 193:8, eff. Sept. 3, 2001. 2019, 134:10, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:20 - Administration of Fund.

162-F:20 Administration of Fund. –
I. The state treasurer shall administer each fund established under this chapter. The treasurer and the committee shall take every reasonable precaution to preserve the integrity of each non-taxable fund. Interest, dividends and other earnings of the fund shall, after deducting the expenses of administering the fund, be added to the fund and shall be considered payments to the fund until the specified amount is reached.
II. [Repealed.]
Source.
1981, 109:2. 2001, 193:16, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:21 - Funding Amount Established; Report; Public Hearing.

162-F:21 Funding Amount Established;  Report;  Public Hearing. –
I. Each committee shall hold at least one public hearing to receive information on funding requirements for each fund. The committee shall have the authority to subpoena witnesses and administer oaths and to compel by subpoena duces tecum the production of any accounts, books, contracts, records, documents, memoranda, and papers in order to determine the amount needed for the fund.
II. The amount of the fund shall be sufficient to cover all costs of decommissioning the facility to standards set by any state agency with jurisdiction over decommissioning that are not less stringent than those standards set by the Nuclear Regulatory Commission.
III. Each committee shall rely on all available data and experience in determining the amount of such fund including, but not limited to, information from the Nuclear Regulatory Commission; the public utilities commission; the department of energy, the owner or owners of the facility; municipal and regional planning commissions and municipal governing bodies; and relevant construction cost indices. The committee shall publish a transcript of all proceedings during which information was presented or offered into testimony, and a detailed analysis of the facts and figures used in determining the amount of the fund.
IV. Following the committee's deliberation and prior to final hearing, the plan for scheduled payments into the fund and relevant evidence, including the transcripts and analysis published pursuant to RSA 162-F:21, III, shall be available for public review in the clerk's office of the city or town where the facility is located and in the office of the department of energy at least 30 days prior to the one or more public hearings on the committee's proposed plan. At least one hearing shall be held in the city or town where the facility is located. A notice of the time and place of each hearing shall be posted in 2 appropriate public places in the city or town where the facility is located and shall be printed at least twice in a newspaper of general circulation for that city or town and in a newspaper of state-wide circulation 2 weeks prior to each hearing. Testimony presented at the hearings held pursuant to this paragraph shall be taken into consideration by the committee when it formalizes the payment schedule plan. All testimony shall be transcribed and made a permanent record.
Source.
1981, 109:2. 2001, 193:9, eff. Sept. 3, 2001. 2021, 91:226, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:21-a - Changes in Ownership.

162-F:21-a Changes in Ownership. –
I. At the time a non-utility acquires an ownership interest in a facility, sufficient moneys shall have been paid into the fund, so that the balance of the fund for that ownership interest shall equal or exceed the minimum decommissioning funding requirements of the Nuclear Regulatory Commission for that ownership interest by the funding date.
II. Prior to acquiring an ownership interest in a facility, an electric utility or non-utility shall demonstrate its ability to provide the funding assurance required by the committee, as provided in RSA 162-F:21-c.
III. The funding assurance:
(a) Method or methods, level, and adequacy must be approved by a final order of the committee prior to such electric utility or non-utility acquiring an ownership interest in a facility.
(b) Shall be in effect from the date the electric utility or non-utility acquires an ownership interest in the facility, until the date of license termination by the Nuclear Regulatory Commission and completion of decommissioning required by the committee and, upon the request of the committee, shall be payable directly into the fund.
Source.
2001, 193:10, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:21-b - Customer Nuclear Decommissioning Charge.

162-F:21-b Customer Nuclear Decommissioning Charge. –
I. The public utilities commission shall permit an electric utility with a franchise territory in the state to charge its customers on a per kilowatt hour basis the amount it pays directly into the fund, as required by the committee pursuant to a schedule of payments established under this chapter. The amount of the per kilowatt hour charges to utility customers shall be reviewed and approved by the public utilities commission. The charge, as approved by the public utilities commission, shall be designated a nuclear decommissioning charge and shall be separately stated on the customer's billing statement. Customer financial responsibility for decommissioning is limited solely to moneys paid into the fund pursuant to a nuclear decommissioning charge approved by the public utilities commission under this section.
II. (a) Any nuclear decommissioning charge included on utility customers' billing statements shall be discontinued within 30 days if:
(1) The permanent cessation of a facility's operations occurs;
(2) The owner or owners voluntarily cease to generate electricity for more than 6 months, other than for scheduled or unscheduled repairs;
(3) The public utilities commission finds that the facility is no longer generating electric energy, and that decommissioning of the facility should be commenced; or
(4) The electric utility transfers its ownership interest.
(b) If the customer nuclear decommissioning charge for an electric utility is discontinued, the committee may institute a revised schedule for funding requirements to cover the costs of decommissioning. The revised funding schedule may include payments made by the owner or owners separate from customer charges. The committee shall hold at least one public hearing relative to establishing the revised funding schedule, consistent with the public hearing requirements established in RSA 162-F:21. All testimony shall be transcribed and made a permanent record.
(c) Upon the discontinuation of a customer nuclear decommissioning charge due to the transfer by a utility of an ownership interest occurring after January 1, 2001, the committee shall determine the portion of the fund contributed by New Hampshire customers of the electric utility, including interest and earnings as of the date of ownership transfer, and designate that portion of the fund as the customer contribution. If decommissioning is completed for less than the customer contribution, the excess shall be refunded to customers in a manner determined by the public utilities commission.
Source.
2001, 193:10, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:21-c - Funding Assurance.

162-F:21-c Funding Assurance. –
Funding assurances shall be sufficient to fully fund the projected cost of decommissioning the facility by the funding date, including in the event of a premature permanent cessation of operation. The committee shall determine the adequacy of the method or methods, and the level of each owner's funding assurance. The amount available to the fund for each owner shall be sufficient to cover that owner's share of the full cost of decommissioning by the funding date.
Source.
2001, 193:10, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:22 - Changes to the Fund; Payment Schedule; Funding Assurance.

162-F:22 Changes to the Fund;  Payment Schedule;  Funding Assurance. –
I. Every 4 years the committee shall meet to review the fund and may increase or decrease the projected cost of decommissioning the facility and the schedule of payments into the fund. Reasons for increasing or decreasing the projected cost of decommissioning and schedule of payments include, but are not limited to, changes in owner or owners, the financial condition of an owner or owners, need, safety, reliability, technology, or other changes in circumstances.
II. The committee shall meet at least once each calendar year to review the cumulative fund performance and each funding assurance in place pursuant to an order of the committee, and the committee may alter the payment schedule, or require a change in any funding assurance to ensure adequate funding by each owner of its decommissioning obligation.
III. At any time the committee may meet to determine whether the amount of the fund, schedule of payments, or any funding assurance in place pursuant to an order of the committee shall be increased, decreased, or otherwise altered for reasons including changes in owner or owners, the financial condition of an owner or owners, need, safety, reliability, technology, or other changes in circumstances.
IV. Prepayment of a funding obligation by an owner or owners, or the payment of the minimum decommissioning funding requirements of the Nuclear Regulatory Commission pursuant to RSA 162-F:21-a, shall not require another owner to make such a payment.
V. Prior to altering the projected cost of decommissioning the facility, the committee shall hold at least one public hearing in the city or town where the facility is located. All testimony shall be transcribed and made a permanent record. Prior to changing the projected cost of decommissioning or imposing a funding assurance requirement for an ownership interest, the committee shall conduct an adjudicative proceeding. Prior to the transfer of an ownership interest the committee may, by a non-adjudicative proceeding, approve proposed funding assurances and make any necessary associated changes to a schedule of payments to reflect the approved funding assurances.
Source.
1981, 109:2. 2001, 193:11, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:23 - Use of Fund.

162-F:23 Use of Fund. –
I. Expenditures from the fund shall be limited to decommissioning of the facility for which the fund was established. The committee shall review all expenditures from such fund during actual decommissioning to confirm that utilization of the fund is in accordance with the requirements of the committee and the Nuclear Regulatory Commission, and that the state and federal tax status of the fund is maintained.
II. Prior to withdrawal of moneys from the fund for decommissioning activities, the committee shall be provided with, and must approve, a summary of decommissioning actions to be taken, including the schedule for taking such actions. Fund withdrawals other than those allowed by the Nuclear Regulatory Commission may be used only for expenses associated with legitimate decommissioning activities, consistent with the definition of decommissioning in RSA 162-F:14, II, and may not inhibit the ability to complete funding of all required decommissioning activities. There shall be no decommissioning activities performed that foreclose release of the site for possible unrestricted use, result in significant unreviewed environmental impacts, or result in there no longer being reasonable assurance that adequate funds will be available for decommissioning. If perpetual, continual control or surveillance of a facility is necessary, the fund shall be maintained at a level sufficient to yield income to maintain such control or surveillance.
III. Any fund amount remaining after completion of decommissioning as determined by the committee and after the date of license termination by the Nuclear Regulatory Commission, in excess of the customer contribution as accounted for in RSA 162-F:21-b, II(c), shall be returned to the owner or owners of the facility.
Source.
1981, 109:2. 2001, 193:11, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:24 - Enforcement.

162-F:24 Enforcement. –
The superior court may enjoin any act in violation of a determination of a nuclear decommissioning financing committee, or it may require the owner or owners to comply with any determination or order of such committee. Failure by an owner to make the payments or maintain the funding assurance required by this chapter and established by order of the committee shall create a debt owing to the state that may be collected or enforced by the attorney general in an action at law. If any owner fails to pay any judgment ordered by a court of competent jurisdiction, the attorney general may levy against the property of such owner to satisfy such judgment.
Source.
1981, 109:2. 2001, 193:12, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:25 - Penalty.

162-F:25 Penalty. –
Any person who willfully violates any order or determination of a committee shall be guilty of a felony.
Source.
1981, 109:2. 2001, 193:12, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:26 - Appeal.

162-F:26 Appeal. –
Any person who is aggrieved by an order or a decision of a nuclear decommissioning financing committee may appeal under RSA 541.
Source.
1981, 109:2, eff. May 4, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-F - Decommissioning of Nuclear Electric Generating Facilities › Section 162-F:27 - Prior Approvals.

162-F:27 Prior Approvals. –
Nothing in this chapter shall limit the recovery of any decommissioning costs allowed in a stranded cost recovery charge approved pursuant to RSA 374-F by the public utilities commission in an electric restructuring agreement or compliance filing, including charges from a wholesale contract termination stipulation and agreement approved by the Federal Energy Regulatory Commission prior to the effective date of this section.
Source.
2001, 193:13, eff. Sept. 3, 2001.