reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:1 - Adoption.

162-G:1 Adoption. –
I. Any city or town that adopts the provisions of this chapter shall have all of the authority, powers, duties and responsibilities set forth in this chapter.
II. Adoption in a town with a town meeting shall be by a majority vote of all of the registered voters present and voting at a regular town meeting or at a special town meeting duly warned for the purpose, after a public hearing before the planning board, or selectmen where there is no planning board, of which hearing notice has been given as provided in RSA 21:32. Upon the petition of 25 voters for the adoption of the provisions of this chapter, a hearing shall be held as provided above and the question of adoption shall be placed before the voters at a regular or duly warned special town meeting in the same manner and subject to the same requirements as set forth above.
III. Adoption in a town with a town council shall be by a majority vote of all of the members of the town council after a public hearing before the council. Notice of such hearing shall be given as provided in RSA 21:32.
IV. Adoption in a city shall be by a majority vote of all of the members of the city council or the board of mayor and aldermen after a public hearing before the council or board of which hearing notice has been given as provided in RSA 21:32.
Source.
1972, 57:1. 1975, 481:17. 1994, 331:3, eff. Aug. 7, 1994.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:2 - Declaration of Need and Purpose.

162-G:2 Declaration of Need and Purpose. –
It is hereby declared that there is a need for the development and preservation of business and industry within the state in order to alleviate and prevent unemployment, to insure the continued growth and prosperity of the state, and of the cities and towns within the state and to promote the general welfare of all its citizens. It is the purpose of this chapter to authorize the cities and towns of the state to foster and encourage the development of business and industrial facilities within or without their respective boundaries, acting directly or through a business and industrial development authority or a voluntary, nonprofit corporation, alone or in concert with one or more other governmental units, by acquiring, developing, expanding, leasing, and disposing of such facilities, where such development is more appropriate under this chapter than under RSA 162-A, as determined by the governing body. It is further declared that the acquisition of title to such facilities, either directly or through a business and industrial development authority or a voluntary, nonprofit corporation, and the lease or sale of such facilities as provided hereunder is a public purpose and shall be regarded as performing an essential governmental function in carrying out the provisions of this chapter. However, competition among communities in this state merely for the purpose of seeking relocation of business and industrial facilities located in this state is contrary to the policy of this chapter.
Source.
1972, 57:1. 1975, 481:1. 1994, 331:4. 2000, 161:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:4 - Powers of the Governmental Unit.

162-G:4 Powers of the Governmental Unit. –
The governmental unit shall have the following powers in addition to any other powers conferred upon it.
I. To engage in projects and to acquire, lease as lessee, own, and dispose of business and industrial facilities within or without the municipality, and to enter into option contracts to allow a municipality to acquire business and industrial facilities at or before some certain date, at some certain price, or below some certain price.
II. To issue bonds to pay project costs, or to reimburse a tenant for payments for project costs made before or after the bonds are issued, or to refund bonds previously issued.
III. To lease business and industrial facilities as owner and lessor or as lessee and sublessor.
IV. To mortgage, pledge, or assign as security for bonds, through use of a trust indenture or otherwise, any interest which the governmental unit may have in a business and industrial facility as owner and lessor.
V. In the event of a default by a tenant, to lease or sell the business and industrial facility to another person in whole or in part.
VI. To enter into lease subsidy contracts with business and industrial facility tenants upon a vote by the authority and the governing body that the business or industrial tenancy has a demonstrable public benefit.
VII. To make contracts or take any other action which is necessary or desirable in connection with the exercise of the foregoing powers. Nothing in this chapter shall be construed to authorize the governmental unit to operate a business and industrial facility itself or to conduct any business enterprise therein.
VIII. To accept grants that assist in the carrying out of the purposes of this chapter, and to do any and all things necessary or convenient in order to avail itself of such aid.
Source.
1972, 57:1. 1992, 262:26, 27. 1994, 331:6. 2000, 161:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:4-a - Sales and Leases.

162-G:4-a Sales and Leases. –
I. The sale or lease of any business and industrial facility or any part thereof shall be on such terms and conditions as is deemed appropriate by the legislative body or the business and industrial development authority to which the power to make such findings has been delegated, except that no property of the municipality shall be sold or leased for less than the value of such property as determined by the legislative body or the business and industrial development authority. In the case of findings made by the legislative body as to value of the property for the purpose of its sale or lease, the legislative body shall obtain and consider an opinion as to its value for such purpose furnished by a qualified, independent real estate appraiser certified under RSA 310-B. Any determination of value reached by the legislative body or the business and industrial development authority in good faith shall be conclusive. If the business and industrial development authority determines the value of the property then, in all instances, the public benefit shall be demonstrable in actions entered into by the business and industrial development authority.
II. In all lease actions entered into by a business and industrial development authority or governmental unit, public benefit shall be demonstrable.
Source.
1975, 481:3. 1992, 262:28. 2000, 161:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:5 - Leases.

162-G:5 Leases. –
I. Every lease or sublease entered into by a municipality as lessor or sublessor shall:
(a) Provide for the payment of rent by the tenant at such times and in such amounts as are necessary in order to pay the principal and interest of all bonds issued to finance the project as they become due; and
(b) Obligate the tenant to pay all the costs and expenses of operation, maintenance, and upkeep of the business and industrial facility.
II. Any lease or sublease entered into by a municipality as lessor or sublessor may:
(a) Provide for payments of rent which include amounts in addition to the amounts required to pay bonds;
(b) Obligate a tenant to pay rent before the business and industrial facility exists or becomes functional and to pay rent after the business and industrial facility has ceased to exist or be functional to any extent and from any cause whatsoever;
(c) Obligate a tenant to pay rent regardless of whether the tenant is in possession or is entitled to be in possession of the business and industrial facility;
(d) Allocate responsibility between the municipality and the tenant for making purchases and contracts required for the project, provided that in the case of leases in which the municipality acts through its business and industrial development authority, any allocation of responsibility to the authority shall not exceed the total of the amounts appropriated by the legislative body for purposes of meeting such responsibility, and the rent derived from the lease in excess of costs of servicing bonds, unless the legislative body ratifies the lease;
(e) Contain a tenant's option to purchase the business and industrial facility from the governmental unit for nominal consideration upon payment of the bonds or upon the tenant's making adequate and secure provision for their payment and provide for the automatic conveyance of the facility upon the effective exercise of such option;
(f) Provide that some or all of the tenant's obligations thereunder shall be unconditional and shall be binding and enforceable in all circumstances whatsoever notwithstanding any other provision of law; and
(g) Contain such other provisions and covenants relating to the use, maintenance, and replacement of the business and industrial facility which the governmental unit and the tenant deem necessary for the protection of themselves or others.
III. No lease may be for a term of more than 40 years.
Source.
1972, 57:1. 1992, 262:29-31. 2000, 161:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:6 - Trust Indentures.

162-G:6 Trust Indentures. –
I. A trust indenture may contain a mortgage, pledge, or assignment of all or part of any interest or right which the governmental unit may have as the owner or lessor of a business and industrial facility. Any pledge or assignment of a right to receive money which is contained in a trust indenture shall be fully effective from the time when the trust indenture is executed with or without any subsequent physical delivery or segregation of such money and without any filing or recording under the uniform commercial code or otherwise.
II. A trust indenture may also contain covenants of the governmental unit as to:
(a) The creation and maintenance of reserves;
(b) The issuance of other bonds with respect to the business and industrial facility;
(c) The maintenance, repair, and replacement of the business and industrial facility;
(d) The insurance of the business and industrial facility against risk of loss;
(e) The custody, investment, and application of moneys;
(f) The use of surplus bond proceeds;
(g) Action by the governmental unit in the event of a default by the tenant under the lease;
(h) The subjecting of additional property to the lien of the indenture; and
(i) Any other matter which affects the security for the bonds in any way .
III. A trust indenture may limit the rights of bondholders to enforce obligations of the governmental unit under the trust indenture or obligations of the governmental unit or the tenant under the lease.
Source.
1972, 57:1. 2000, 161:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:7 - Bonds.

162-G:7 Bonds. –
I. Bonds authorized under this chapter may be issued:
(a) In one or more series of one or more denominations and bearing one or more rates of interest;
(b) In bearer form or registered form with or without privileges of conversion and reconversion from one form to the other;
(c) Payable in serial installments or as term bonds, and any series may consist of both types of bond, provided that all of the bonds of every series shall mature no later than 40 years after their dates;
(d) Subject to redemption prior to maturity, with or without the payment of any redemption premium, in accordance with the provisions of the trust indenture;
(e) By a governmental unit; and
(f) By any business and industrial development authority created under this chapter.
II. Bonds shall bear the manual signature of the mayor and city treasurer, the city manager and city treasurer, or the chairman of the board of selectmen and the town treasurer, as the form of government of the municipality may prescribe; and interest coupons, if any, shall bear the manual or facsimile signature of the treasurer in each case. Bonds shall also bear the seal of the governmental unit or a facsimile thereof. Bonds executed as herein provided shall be valid notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to hold office.
III. Every bond shall bear a statement on its face that it does not constitute an indebtedness of the governmental unit except to the extent permitted by this chapter. Bonds may be sold at public or private sale. The price at which bonds are sold may be par or may be more or less than par, but the original purchaser thereof shall be obligated to pay accrued interest for the period, if any, from the date of the bonds to the date of delivery. All bonds issued under this chapter and interest coupons applicable thereto, if any, shall be deemed to be negotiable instruments and to be investment securities under the uniform commercial code.
IV. No purchaser of bonds shall be in any way bound to see to the proper application of the proceeds thereof.
Source.
1972, 57:1. 1975, 481:19. 1994, 331:7. 2000, 161:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:7-a - Authority Bonds.

162-G:7-a Authority Bonds. –
I. A business and industrial development authority established under RSA 162-G:15-a may issue bonds to pay project costs or to reimburse a tenant for payments for project costs made before or after the bonds are issued or to refund bonds previously issued.
II. Bonds shall bear the manual signature of the chairman of the board and the manual or facsimile signature of at least one other member of the board; and interest coupons, if any, shall bear the facsimile signature of the chairman. Bonds shall also bear the seal of the authority or a facsimile of the seal. Bonds executed as herein provided shall be valid notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to hold office.
III. Every bond shall bear a statement on its face that it does not constitute an indebtedness of any governmental unit or any authority except to the extent permitted by this chapter. Bonds may be sold at public or private sale. The price at which bonds are sold may be par or may be more or less than par, but the original purchaser thereof shall be obligated to pay accrued interest for the period, if any, from the date of the bonds to the date of delivery. All bonds issued under this section and interest coupons applicable thereto, if any, shall be deemed to be negotiable instruments and to be investment securities under the uniform commercial code.
Source.
1975, 481:4. 1994, 331:8. 2000, 161:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:9 - Obligations of the Governmental Unit.

162-G:9 Obligations of the Governmental Unit. –
No lease, trust indenture, bond, or other instrument shall in any way obligate the governmental unit to raise any money by taxation or use other public funds for any purpose in relation to a business and industrial facility, except to the extent permitted by this chapter. The governmental unit shall not pay or promise to pay any debt or meet any financial obligation to any person at any time in relation to a business and industrial facility financed in whole or in part by the issue of bonds, except from moneys received or to be received under the provisions of a lease or trust indenture entered into under this chapter or derived from the exercise of the governmental unit's rights under such instruments. Notwithstanding the foregoing provisions of this section, the governmental unit may accept and expend with respect to an industrial facility any gifts or grants received from any source in accordance with the terms of such gifts or grants. The governmental unit may borrow money under RSA 33 for purposes of engaging in industrial projects; provided that obligations of the governmental unit incurred under this chapter shall be deemed to be outside its debt limitation. The total amount of obligations incurred by a governmental unit under this chapter outstanding at any time shall not exceed 8 percent of the most recent assessed valuation of the governmental unit; provided that the amount of such outstanding obligations shall be reduced by an amount equal to the total amount of moneys on deposit in a reserve account in the name of the governmental unit which are expressly allocated to be used to retire outstanding obligations of the governmental unit incurred under this chapter.
Source.
1972, 57:1. 1975, 481:9. 2000, 161:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:10 - Action by the Governmental Unit.

162-G:10 Action by the Governmental Unit. –
I. Action under this chapter may be in concert with the business finance authority acting under RSA 162-A, or projects may be sold to such authority at any time during their development. Business and industrial facilities may be located outside the boundaries of the governmental unit or units undertaking the project, either directly or through a business and industrial development authority created by such governmental unit or units, if such projects are approved by the legislative body of the city or town in which they are located as follows: if the facility is to be located in a city, by a majority vote of all the duly-elected members of the city council or if located in a town with a town council form of government, by a majority vote of the duly-elected members of the town council, or if the town is governed by town meeting, by a majority vote of the registered voters present and voting at an annual or duly-called special town meeting.
II. Governmental units, unless this chapter expressly provides otherwise, may take action under this chapter as follows:
(a) In a town with a town meeting, by a majority vote of all of the registered voters present and voting at an annual town meeting or at a special town meeting duly warned for the purpose;
(b) In a town with a town council, by a majority vote of all of the members of the town council;
(c) In a city, by a majority vote of all of the members of the city council or the board of mayor and aldermen.
Source.
1972, 57:1. 1975, 481:20. 1994, 331:12. 2000, 161:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:11 - Trust Funds.

162-G:11 Trust Funds. –
All moneys received or held pursuant to a lease or a trust indenture shall be deemed to be trust funds to be held and applied solely in accordance with the lease or the trust indenture.
Source.
1972, 57:1, eff. May 26, 1972.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:12 - Bonds Exempt From Taxation.

162-G:12 Bonds Exempt From Taxation. –
All bonds and the interest thereon shall be exempt from taxation in the state of New Hampshire.
Source.
1972, 57:1, eff. May 26, 1972.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:12-a - Covenants With Bondholders.

162-G:12-a Covenants With Bondholders. –
The governmental unit, by resolution of its governing body, may covenant with holders of its bonds, issued under this chapter, in such manner and to such extent as the governing body deems necessary, that the governmental unit will act in such a way as to preserve, or refrain from acting in such a way as to defeat, any exemption from federal income tax which may be applicable with respect to interest on such bonds at the time when they are issued.
Source.
1975, 481:10. 2000, 161:2, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:13 - Repealed by 1975, 481:13, eff. Aug. 22, 1975.

162-G:13 Repealed by 1975, 481:13, eff. Aug. 22, 1975. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:14 - Tax Exemption.

162-G:14 Tax Exemption. –
Any business and industrial facility while owned by a governmental unit or by a voluntary, nonprofit corporation acting in behalf of the governmental unit is declared to be public property and shall be exempt from all taxes and special assessments of the state or any political subdivision thereof; provided, that when such facilities are being operated under a lease they shall be subject to taxation in the same manner as any other real property.
Source.
1972, 57:1. 2000, 161:3, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:15 - Voluntary Nonprofit Corporations; Authorities.

162-G:15 Voluntary Nonprofit Corporations;  Authorities. –
Any voluntary, nonprofit corporation or association formed under RSA 292:1 for the purpose of taking advantage of this chapter shall be a body politic and corporate constituting a public corporation. The governmental unit may loan money to such corporation or association or an authority established under RSA 162-G:15-a, with proper security. Such corporation or association shall have all the authority and powers granted to a governmental unit by this chapter to act in behalf of the governmental unit except the powers to execute trust indentures and issue bonds. Sums of money may be advanced to such corporation or association or an authority established under RSA 162-G:15-a by the governmental unit to meet operating and maintenance costs and shall be repaid by it, if the governmental unit so requires at the time of making such advances.
Source.
1972, 57:1. 1975, 481:11, eff. Aug. 22, 1975.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:15-a - Action Through Business and Industrial Development Authority.

162-G:15-a Action Through Business and Industrial Development Authority. –
I. The powers and duties granted by this chapter, unless otherwise expressly provided in this chapter, may be exercised by one or more governmental units acting through one or more business and industrial development authorities established under this section.
II. The legislative bodies in one or more governmental units may establish one or more business and industrial development authorities to exercise such powers and duties in the following manner:
(a) An authority shall consist of a board of directors of not less than 9 nor more than 15 members appointed for 3-year terms. If an authority is formed by a single governmental unit, a majority of the board members shall reside within the boundaries of that governmental unit. If an authority is formed by 2 or more governmental units, each such governmental unit shall be represented on the board, and a majority of the board members shall reside within the boundaries of those governmental units forming such authority. The board members from towns shall be appointed by the board of selectmen or the town council; board members from cities shall be appointed by the mayor subject to the provisions of the city charter. The terms of the initial members of any board so established shall be staggered so that 1/3, or as close to 1/3 as possible, of the board members will be appointed each year.
(b) Each legislative body may provide that such municipal officers as it designates shall serve as ex officio nonvoting members of the board of an authority in addition to those members appointed under subparagraph (a).
III. All actions by an authority under this chapter shall be authorized by resolutions of the board passed on the affirmative votes of at least 2/3 of the board members present and voting, the majority of whom shall reside within the boundaries of the governmental unit or units forming such authority.
IV. Any governmental unit may form and have in operation more than one business and industrial development authority at any time.
Source.
1975, 481:12. 1992, 262:33. 1994, 331:13. 2000, 161:4, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:16 - Construction and Effect of Other Laws.

162-G:16 Construction and Effect of Other Laws. –
I. The powers conferred by this chapter are supplemental and alternative to other powers conferred by law, and this chapter is intended to be an independent and comprehensive conferral of powers to accomplish the purposes set forth in RSA 162-G:2.
II. No notice, proceedings, or approval shall be required with respect to any action taken under this chapter except as provided in this chapter and in RSA 91-A.
III. Purchases and contracts required for the establishment or expansion of a business and industrial facility may be made or let without regard to any provision of law relating to public purchases or contracts.
IV. The provisions of this chapter shall be liberally construed in order to effect its purposes.
V. If any provision of this chapter shall be held invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances.
VI. This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are required by statute.
Source.
1972, 57:1. 1975, 481:16. 2000, 161:4, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-G - Acquisition, Development and Disposal of Industrial Land and Facilities › Section 162-G:17 - Water Facilities.

162-G:17 Water Facilities. –
I. Any municipality or other political subdivision enabled to adopt the provisions of RSA 162-G may, by similar action, adopt the provisions of this section. Any such municipality or other political subdivision which adopts the provisions of this section may engage in projects under RSA 162-G which have as their purpose the improvement of the furnishing of water for domestic, industrial, agricultural, or other uses, if the water for such uses is to be available on reasonable demand to members of the general public.
II. For the purposes of this section: "business and industrial facility" shall include and mean any facility suitable for collecting, purifying, storing, or distributing water for the aforesaid uses and shall hereinafter be called a "water facility"; "lease" shall include any conveyance or contract, however titled or described, providing for the use and operation of a water facility; "tenant" shall mean any corporation which is organized under the laws of this state for the purpose of furnishing water for any one or more of the uses described above and which is responsible for the use and operation of a water facility under a lease; and "trust indenture" shall include any conveyance, contract, or assignment to a trustee or other person to secure bonds issued to finance a water facility. A trust indenture may include a pledge of system revenues in whole or in part. A lease and a trust indenture may be combined as one instrument.
III. No such municipality or other political subdivision acting by itself, or through a business and industrial development authority pursuant to RSA 162-G:15-a, shall be required hereby to have any ownership or other possessory interest in a water facility. In making findings under RSA 162-G:8 when acting under this section, the governing body, instead of making the findings required by subparagraphs I(b) and I(c) of RSA 162-G:8, shall find that the tenant has the necessary powers and franchises to construct and operate the proposed water facility and that the proposed water facility is suitable for the furnishing of water for the uses for which it is intended.
Source.
1978, 40:31. 2000, 161:4, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:1 - Declaration of Purpose.

162-H:1 Declaration of Purpose. –
The legislature recognizes that the selection of sites for energy facilities may have significant impacts on and benefits to the following: the welfare of the population, private property, the location and growth of industry, the overall economic growth of the state, the environment of the state, historic sites, aesthetics, air and water quality, the use of natural resources, and public health and safety. Accordingly, the legislature finds that it is in the public interest to maintain a balance among those potential significant impacts and benefits in decisions about the siting, construction, and operation of energy facilities in New Hampshire; that undue delay in the construction of new energy facilities be avoided; that full and timely consideration of environmental consequences be provided; that all entities planning to construct facilities in the state be required to provide full and complete disclosure to the public of such plans; and that the state ensure that the construction and operation of energy facilities is treated as a significant aspect of land-use planning in which all environmental, economic, and technical issues are resolved in an integrated fashion. In furtherance of these objectives, the legislature hereby establishes a procedure for the review, approval, monitoring, and enforcement of compliance in the planning, siting, construction, and operation of energy facilities.
Source.
1991, 295:1. 1998, 264:1. 2009, 65:1, eff. Aug. 8, 2009. 2014, 217:1, eff. July 1, 2014.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:3-a - Administrator and Other Committee Support.

162-H:3-a Administrator and Other Committee Support. –
There is hereby established within the site evaluation committee the position of administrator who shall be an unclassified state employee. In the alternative, the position may be filled by an independent contractor. The administrator shall be hired by and under the supervision of the chairperson. The administrator, or chairperson in the absence of an administrator, with committee approval, may engage additional technical, legal, or administrative support to fulfill the functions of the committee as necessary. Any person to be hired by the administrator shall be approved by the chairperson.
Source.
2014, 217:7, eff. July 1, 2014. 2015, 219:3, eff. July 8, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:4-a - Subcommittees.

162-H:4-a Subcommittees. –
I. The chairperson may establish subcommittees to consider and make decisions on applications, including the issuance of certificates, or to exercise any other authority or perform any other duty of the committee under this chapter, except that no subcommittee may approve the budgetary requirements of the committee, approve any support staff positions, or adopt initial or final rulemaking proposals. For purposes of statutory interpretation and executing the regulatory functions of this chapter, the subcommittee shall assume the role of and be considered the committee, with all of its associated powers and duties in order to execute the charge given it by the chairperson.
II. When considering the issuance of a certificate or a petition of jurisdiction, a subcommittee shall have no fewer than 7 members. Two public members shall serve on each subcommittee with the remaining 5 or more members selected by the chairperson from among the state agency members of the committee. Each selected agency member may designate a senior administrative employee or staff attorney from his or her respective agency to sit in his or her place on the subcommittee. The chairperson shall designate one member or designee to be the presiding officer who shall be an attorney whenever possible. Five members of the subcommittee shall constitute a quorum for the purpose of conducting the subcommittee's business.
III. In any matter not covered under paragraph II, the chairperson may establish subcommittees of 3 members, consisting of 2 state agency members and one public member. Each state agency member may designate a senior administrative employee or staff attorney from his or her agency to sit in his or her place on the subcommittee. The chairperson shall designate one member or designee to be the presiding officer who shall be an attorney whenever possible. Two members of the subcommittee shall constitute a quorum. Any party whose interests may be affected may object to the matter being assigned to a 3-person subcommittee no less than 14 days before the first hearing. If objection is received, the chairperson shall remove the matter from the 3-person subcommittee and either assign it to a subcommittee formed under paragraph II or have the full committee decide the matter.
Source.
2014, 217:11, eff. July 1, 2014. 2015, 219:9, eff. July 8, 2015. 2018, 216:2, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:4-b - Public Members.

162-H:4-b Public Members. –
I. The governor, with the consent of the council, shall appoint 5 public members to serve on the committee or subcommittees as prescribed in this section. Such public members shall be residents of the state of New Hampshire with expertise or experience in one or more of the following areas: public deliberative or adjudicative proceedings; business management; environmental protection; natural resource protection; energy facility design, construction, operation, or management; community and regional planning or economic development; municipal or county government; or the governing of unincorporated places.
II. The public members shall serve 4-year terms and until their successors are appointed and qualified. Initial terms shall be staggered so that no more than 2/5 of the members' terms shall expire in the same year. Any public member chosen to fill a vacancy occurring other than by expiration of term shall be appointed for the unexpired term of the member who is succeeded.
III. At the time of appointment under paragraph I, 2 of the public members shall be designated as full committee members, as provided in RSA 162-H:3, I(f), at least one of whom shall be a member in good standing of the New Hampshire Bar Association. The terms of full members shall expire 2 years apart.
IV. All of the public members shall constitute a pool from which the chairperson of the committee shall draw for purposes of paragraphs V and VI. The chairperson may publish an impartial methodology that shall be used to determine when the chairperson may remove a public member from the pool for a particular draw based on criteria aimed at distributing the workload among public members. The development of such methodology shall not be subject to RSA 541-A.
V. When forming a subcommittee, the chairperson shall select from the pool, by a random draw, the one or 2 public members required to be on the subcommittee, as prescribed in RSA 162-H:4-a.
VI. If at any time a public member must recuse himself or herself from a matter before the committee or a subcommittee or is not otherwise available for good reason, the chairperson shall replace such member with another public member by means of a random draw from the pool of public members.
VII. No public member nor any member of his or her family shall receive income from energy facilities within the jurisdiction of the committee. The public members shall comply with RSA 15-A and RSA 15-B.
VIII. Any public member may be removed from office by the governor and council for inefficiency, neglect of duty, or misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard.
Source.
2018, 216:3, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:5 - Prohibitions and Restrictions.

162-H:5 Prohibitions and Restrictions. –
I. No person shall commence to construct any energy facility within the state unless it has obtained a certificate pursuant to this chapter. Such facilities shall be constructed, operated and maintained in accordance with the terms of the certificate. Such certificates are required for sizeable changes or additions to existing facilities. Such a certificate shall not be transferred or assigned without approval of the committee.
II. Facilities certified pursuant to RSA 162-F or RSA 162-H prior to January 1, 1992, shall be subject to the provisions of those chapters; however, sizable changes or additions to such facilities shall be certified pursuant to this chapter.
III. The applications shall be governed by the applicable laws, rules and regulations of the agencies and shall be subject to the provisions of RSA 162-F or RSA 162-H in effect on the date of filing. Notwithstanding the foregoing, an applicant may request the site evaluation committee to assume jurisdiction and in the event that the site evaluation committee agrees to assert jurisdiction, the facility shall be subject to the provisions of this chapter.
IV. [Repealed.]
Source.
1991, 295:1. 1998, 264:3. 2009, 65:9, 24, V, eff. Aug. 8, 2009.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:6 - Repealed by 2009, 65:24, VI, eff. Aug. 8, 2009.

162-H:6 Repealed by 2009, 65:24, VI, eff. Aug. 8, 2009. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:6-a - Repealed by 2014, 217:28, II, eff. July 1, 2014.

162-H:6-a Repealed by 2014, 217:28, II, eff. July 1, 2014. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:7-a - Role of State Agencies.

162-H:7-a Role of State Agencies. –
I. State agencies having permitting or other regulatory authority may participate in committee proceedings as follows:
(a) Receive proposals or permit requests within the agency's permitting or other regulatory authority, expertise, or both; determine completeness of elements required for such agency's permitting or other programs; and report on such issues to the committee;
(b) Review proposals or permit requests and submit recommended draft permit terms and conditions to the committee;
(c) Identify issues of concern on the proposal or permit request or notify the committee that the application raises no issues of concern; and
(d) When issues of concern are identified by the agency or committee, designate one or more witnesses to appear before the committee at a hearing to provide input and answer questions of parties and committee members.
(e) [Repealed.]
II. When initiating a proceeding for a committee matter, the committee shall expeditiously notify state agencies having permitting or other regulatory authority or that are identified in administrative rules.
III. Within 30 days of receipt of a notification of proceeding, a state agency not having permitting or other regulatory authority but wishing to participate in the proceeding shall advise the presiding officer of the committee in writing of such desire and be allowed to do so provided that the presiding officer determines that a material interest in the proceeding is demonstrated and such participation conforms with the normal procedural rules of the committee.
IV. The commissioner or director of each state agency that intends to participate in a committee proceeding shall advise the presiding officer of the name of the individual on the agency's staff designated to be the agency liaison for the proceeding. The presiding officer may request the attendance of an agency's designated liaison at a session of the committee if that person could materially assist the committee in its examination or consideration of a matter.
V. All communications between the committee and agencies regarding a pending committee matter shall be included in the official record and be publicly available.
VI. A state agency may intervene as a party in any committee proceeding in the same manner as other persons under RSA 541-A. An intervening agency shall have the right to rehearing and appeal of a certificate or other decision of the committee.
Source.
2014, 217:15, eff. July 1, 2014. 2023, 233:17, 18, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:8 - Disclosure of Ownership.

162-H:8 Disclosure of Ownership. –
Any application for a certificate, or for change in ownership and transfer of certificate, shall be signed and sworn to by the person or executive officer of the association or corporation making such application and shall contain the following information:
I. Full name and address of the person, association, or corporation.
II. If an association, the names and residences of the members of the association.
III. If a corporation, the name of the state under which it is incorporated with its principal place of business and the names and addresses of its directors, officers and stockholders.
IV. The location or locations where an applicant is to conduct its business.
V. A statement of assets and liabilities of the applicant and other relevant financial information of such applicant.
VI. The committee shall administratively approve changes of ownership and transfers of certificates within 90 days of a petition if it determines the new certificate holder has adequate financial, technical, and managerial capability to assure construction and operation of the facility in continuing compliance with the terms and conditions of the certificate.
Source.
1991, 295:1, eff. Jan. 1, 1992. 2023, 233:10, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:9 - Counsel for the Public.

162-H:9 Counsel for the Public. –
I. The chair or the administrator shall notify the attorney general of all administrative proceedings. The attorney general may appoint an assistant attorney general as counsel for the public in administrative proceedings. Upon notification that an application for a certificate has been filed with the committee in accordance with RSA 162-H:7, the attorney general shall appoint an assistant attorney general as a counsel for the public. The counsel shall represent the public in seeking to protect the quality of the environment and in seeking to assure an adequate supply of energy. The counsel shall be accorded all the rights and privileges, and responsibilities of an attorney representing a party in formal action and shall serve until the decision to issue or deny a certificate is final.
II. This section shall not be construed to prevent any person from being heard or represented by counsel; provided, however, the committee may compel consolidation of representation for such persons as have, in the committee's reasonable judgment, substantially identical interests.
Source.
1991, 295:1, eff. Jan. 1, 1992. 2022, 176:6, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-H - Energy Facility Evaluation, Siting, Construction and Operation › Section 162-H:10-a - Wind Energy Systems.

162-H:10-a Wind Energy Systems. –
I. To meet the objectives of this chapter, and with due regard for the renewable energy goals of RSA 362-F, including promoting the use of renewable resources, reducing greenhouse gas and other air pollutant emissions, and addressing dependence on imported fuels, the general court finds that appropriately sited and conditioned wind energy systems subject to committee approval have the potential to assist the state in accomplishing these goals. Accordingly, the general court finds that it is in the public interest for the site evaluation committee to establish criteria or standards governing the siting of wind energy systems in order to ensure that the potential benefits of such systems are appropriately considered and unreasonable adverse effects avoided through a comprehensive, transparent, and predictable process. When establishing any criteria, standard, or rule for a wind energy system or when specifying the type of information that a wind energy applicant shall provide to the committee for its decision-making, the committee shall rely upon the best available evidence.
II. For the adoption of rules, pursuant to RSA 541-A, relative to the siting of wind energy systems, the committee shall address the following:
(1) Visual impacts as evaluated through a visual impact assessment prepared in accordance with professional standards by an expert in the field.
(2) Cumulative impacts to natural, scenic, recreational, and cultural resources from multiple towers or projects, or both.
(3) Health and safety impacts, including but not limited to, shadow flicker caused by the interruption of sunlight passing through turbine blades and ice thrown from blades.
(4) Project-related sound impact assessment prepared in accordance with professional standards by an expert in the field.
(5) Impacts to the environment, air and water quality, plants, animals and natural communities.
(6) Site fire protection plan requirements.
(7) Site decommissioning, including sufficient and secure funding, removal of structures, and site restoration.
(8) Best practical measures to avoid, minimize, or mitigate adverse effects.
Source.
2014, 310:5, eff. Aug. 1, 2014.