reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:49 - Disclosure of Electric Service Energy Sources and Environmental Characteristics.

378:49 Disclosure of Electric Service Energy Sources and Environmental Characteristics. –
I. The public utilities commission shall, after notice and hearing, by order or rule, approve a standard format and methodology that providers of electricity, as defined in RSA 362-F:2, XIV, shall use when providing information to existing or prospective customers regarding the energy sources and environmental characteristics of their electric service. Such information shall include but not be limited to:
(a) A presentation of energy sources used to generate the electricity and their respective contributions to the service's total energy mix, by percentage;
(b) The environmental characteristics of the service's energy mix, including but not limited to air pollutant emission rates; and
(c) A comparison of source and emissions data between the service's energy mix and the average energy mix of the region available from the Independent System Operator of New England.
II. Each provider of electricity, as defined in RSA 362-F:2, XIV, shall in standard format:
(a) Provide and make easily accessible on the provider's Internet site the information for each electric service that it sells in the state;
(b) Update such information at least annually; and
(c) Provide such information to electric customers at least annually in conjunction with billing, whether distributed through the mail or online, or other mailed or online communication to customers, as approved by the department, including the department's estimated cost on a per kilowatt-hour basis and estimated annual cost for the average residential ratepayer for compliance with the electric renewable portfolio standard under RSA 362-F for the prior compliance year. The estimated cost for the compliance year shall be calculated once per year and provided in the customer's December bill, whether distributed through the mail or online. Each customer's bill shall identify the cost as an estimate and provide a link to information about the electric renewable portfolio standard, including its benefits, at the department's website. Utilities shall also be required to include an annual estimated cost to be calculated by multiplying the average per kilowatt hour cost of the electric renewable portfolio standard under RSA 362-F for the prior compliance year by the average residential monthly consumption of 625 kilowatt hours. The costs for a utility to provide this information shall be recovered from electric customers through the distribution rates of the respective electric distribution utility.
III. Appropriate access or reference to relevant public information, including emissions by source, that is more detailed than that contained in the standard format shall be included in the standard format.
Source.
2010, 336:1, eff. Oct. 18, 2010. 2018, 375:1, eff. Oct. 2, 2018. 2023, 79:111, eff. July 1, 2023; 233:3, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:50 - Definitions.

378:50 Definitions. –
In this subdivision:
I. "Data sharing" means providing data and accessing data provided by others.
II. "Individual customer data" means the customer's name, address, opt-in status pursuant to RSA 374:62, energy usage as recorded by meters supplied by electric and natural gas utilities, and other data segments established and authorized by the department of energy.
III. "Third party" means:
(a) Any service provider within the meaning of RSA 363:37, II other than a utility; and
(b) The office of the consumer advocate established pursuant to RSA 363:28.
Source.
2019, 286:2, eff. Sept. 17, 2019. 2021, 91:292, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:51 - Online Energy Data Platform Established.

378:51 Online Energy Data Platform Established. –
I. The department of energy shall require electric and natural gas utilities to establish and jointly operate a statewide, multi-use, online energy data platform. The data platform shall:
(a) Consist of a common base of energy data for use in wide range of applications and business uses.
(b) Adhere to specific and well-documented standards.
(c) Provide a user-friendly interface.
(d) Adhere to a common statewide logical data model that defines the relationships among the various categories of data included in the platform.
(e) Allow for sharing of individual customer data consistent with the opt-in requirements for third-party access specified in RSA 363:38.
(f) Protect from unauthorized disclosure the personally identifying information of utility customers in a manner that advances applicable constitutional and statutory privacy rights, including the protections of RSA 363:38.
(g) Provide for the voluntary participation of municipal utilities and deregulated rural electric cooperatives in data sharing and the operation of the online energy data platform, subject to terms, conditions, and cost sharing which are reasonable and in the public interest.
II. The commission shall open an adjudicative proceeding within 90 days of the effective date of this subdivision, to which all electric and natural gas utilities shall be mandatory parties, to determine:
(a) Governance, development, implementation, change management, and versioning of the statewide, multi-use, online energy data platform.
(b) Standards for data accuracy, retention, availability, privacy, and security, including the integrity and uniformity of the logical data model.
(c) Financial security standards or other mechanisms to assure compliance with privacy standards by third parties.
III. The department of energy shall defer the implementation of the statewide, multi-use, online energy data platform pursuant to paragraph I if the commission determines that the cost of such platform to be recovered from customers is unreasonable and not in the public interest.
IV. The department of energy may adopt additional rules pursuant to RSA 541-A as necessary to implement this section.
Source.
2019, 286:2, eff. Sept. 17, 2019. 2021, 91:292, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:52 - Platform Requirements.

378:52 Platform Requirements. –
The utilities shall:
I. Design and operate the energy data platform to provide opportunities for utilities, their customers, and third parties to access the online energy data platform and to participate in data sharing.
II. Require, as a condition of accessing the online energy data platform, that a third party complete a qualification and registration process to ensure that any customer data downloaded from the platform remains in a safe, secure environment according to data privacy standards established by the commission.
III. Administer the online energy data platform in a manner consistent with RSA 363:38.
Source.
2019, 286:2, eff. Sept. 17, 2019. 2021, 91:292, eff. July 1, 2021. 2022, 113:1, eff. July 26, 2022.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:53 - Certification.

378:53 Certification. –
The platform established under RSA 378:51 shall be certified by the Green Button Alliance and support the Energy Service Provider Interface of the North American Energy Standards Board and the Green Button "Connect My Data" initiative of the Green Button Alliance.
Source.
2019, 286:2, eff. Sept. 17, 2019.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 378 - Rates and Charges › Section 378:54 - Cost Recovery.

378:54 Cost Recovery. –
The utilities may:
I. Impose reasonable charges to third parties for access to data via the multi-use, online energy data platform; and
II. Otherwise recover costs from customers in a timely manner as approved by the commission.
Source.
2019, 286:2, eff. Sept. 17, 2019.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:1 - Joint Service by Railroads.

379:1 Joint Service by Railroads. –
I. The commissioner of transportation, after a hearing upon complaint or on his own initiative, may establish joint services for 2 or more railroads when the lines could form a continuous line by:
(a) Construction and maintenance of suitable connections;
(b) Joint use of equipment.
II. The commissioner may determine the rates, fares and charges to be used by railroads engaged in joint services and may adopt rules, pursuant to RSA 541-A, relative to rates, fares, charges and classifications.
Source.
1913, 145:12. 1917, 76:4. PL 243:1. RL 293:1. 1951, 203:47 par. 1. RSA 379:1. 1981, 435:40. 1985, 402:22.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:2 - Division of Rates.

379:2 Division of Rates. –
The commissioner may adopt rules, pursuant to RSA 541-A, relative to the division of joint rates, fares, charges, and classifications between railroads engaging in joint services whenever the division shall not be made by agreement. Any division agreed upon shall be subject to revision by the department if found to be inconsistent with the public interest.
Source.
1913, 145:12. 1917, 76:4. PL 243:2. RL 293:2. 1951, 203:47 par. 2. RSA 379:2. 1981, 435:41. 1985, 402:23.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:3 - Through Routes.

379:3 Through Routes. –
In establishing such through route, the department of transportation shall not require any railroad without its consent to embrace in such route substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction, and under a common management or control, therewith which lies between the termini of such proposed through route, unless to do so would make such through route unreasonably long as compared with another practicable through route which could otherwise be established.
Source.
1913, 145:12. PL 243:3. RL 293:3. 1951, 203:47 par. 3, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:4 - Use of Motive Power.

379:4 Use of Motive Power. –
No railroad shall be required to allow the use of any motive power, other than its own, upon its railroad.
Source.
1855, 1666:2. GS 150:2. GL 164:2. PS 157:11. PL 247:11. RL 297:11. 1951, 203:47 par. 4, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:5 - Termination.

379:5 Termination. –
Whenever joint service has been established by 2 or more railroads, the department shall have authority to prevent any unjust or unreasonable termination of the same or to order the reestablishment of such service if so terminated.
Source.
1913, 145:12. PL 243:4. RL 293:4. 1951, 203:47 par. 5. RSA 379:5. 1985, 402:24.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:6 - Fixing Rates.

379:6 Fixing Rates. –
Whenever, after hearing and investigation, the department shall find any joint rate, fare, charge or price demanded and collected for any existing joint service participated in by 2 or more railroads to be unjust, unreasonable or discriminatory, it shall fix the same upon a just, reasonable and nondiscriminatory basis.
Source.
1913, 145:12. PL 243:5. RL 293:5. 1951, 203:47 par. 6. RSA 379:6. 1985, 402:25.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:7 - Apportionment.

379:7 Apportionment. –
If the railroads affected thereby shall fail to agree upon the division or apportionment thereof, the department may prescribe the division of such joint rates, fares, charges and classifications between such railroads and may revise any division agreed upon which shall be found inconsistent with the public interest.
Source.
1913, 145:12. PL 243:6. RL 293:6. 1951, 203:47 par. 7. RSA 379:7. 1985, 402:26.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:8 - Furnishing.

379:8 Furnishing. –
Every railroad, upon the application of any shipper or receiver, or contemplated shipper or receiver of freight, for a switch connection between the railroad and any existing or contemplated track, tracks or railroad of such applicant shall make such connection and provide such switches and tracks as may be necessary for that purpose and deliver and receive cars thereover; provided, that such connection is reasonably practicable and can be installed and used without materially increasing the hazard of the operation of the railroad with which such connection is sought, and that the business which may reasonably be expected to be received by such railroad over such connection is sufficient to justify the expense of such connection to such railroad.
Source.
1917, 76:5. PL 243:7. RL 293:7. 1951, 203:47 par. 8, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:9 - Spurs.

379:9 Spurs. –
Under the conditions specified in RSA 379:8, every railroad, upon the application of any shipper or receiver or contemplated shipper or receiver of freight, shall construct upon its right of way a spur or spurs for the purpose of receiving and delivering freight thereby, and shall receive and deliver freight thereby.
Source.
1917, 76:5. PL 243:8. RL 293:8. 1951, 203:47 par. 9, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:10 - Refusal to Provide Spurs.

379:10 Refusal to Provide Spurs. –
Whenever the department of transportation, after a hearing had upon its own motion or upon complaint, shall find that application has been made to a railroad for a connection or spur as provided herein, and that the railroad has refused to provide the same upon reasonable terms, and that the applicant is entitled to have the same provided for him, the department of transportation shall make an order requiring the providing of such connection or spur and the maintenance and use of the same upon reasonable terms, which the department of transportation shall have the power to prescribe.
Source.
1917, 76:5. PL 243:9. RL 293:9. 1951, 203:47 par. 10, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:11 - Apportionment of Cost.

379:11 Apportionment of Cost. –
Whenever any such connection or spur has been so provided, any corporation or person shall be entitled to connect with the track, tracks or railroad thereby connected with the railroad of the railroad company and to use the same, or to use the spur so provided, upon payment to the party or parties incurring the primary expense of such track, tracks or railroad or the connection therewith or of such spur of a reasonable proportion of the cost thereof to be determined by the department of transportation after notice to the interested parties and hearing; provided, that such connection and use can be made without unreasonable interference with the rights of such party or parties.
Source.
1917, 76:5. PL 243:10. RL 293:10. 1951, 203:47 par. 11, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:12 - Switching.

379:12 Switching. –
The department of transportation shall likewise have the power to require one railroad to switch to private spurs and industrial tracks upon its own railroad the cars of a connecting railroad and to prescribe the terms and compensation for such service.
Source.
1917, 76:5. PL 243:11. RL 293:11. 1951, 203:47 par. 12, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:13 - Petition.

379:13 Petition. –
Any railroad may, upon petition to the department of transportation, jointly use any of the facilities of an existing railroad when the department of transportation finds the joint use to be for the public good. The commissioner of transportation may adopt rules, pursuant to RSA 541-A, relative to the terms and restrictions of joint use.
Source.
1929, 180:1. RL 293:12. 1951, 203:47 par. 13. RSA 379:13. 1981, 435:42, eff. June 23, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:14 - Procedure.

379:14 Procedure. –
The department of transportation shall, upon notice to all parties in interest, hear and determine whether the right prayed for is for the public good and the compensation to be paid therefor, and shall render judgment accordingly. Notice published at least 14 days prior to said hearing in any newspaper published in the state 6 days each week shall be proper notice to all parties.
Source.
1929, 180:2. RL 293:13. 1951, 203:47 par. 14, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:15 - Appeal on Damages.

379:15 Appeal on Damages. –
Any party aggrieved by the order of the department of transportation awarding damages in such case may within 60 days after the entry of its order, and not afterward, file in the superior court of any county in which are located any of the lines, tracks, rights of way, stations, equipment, or facilities, the joint use of which is sought, a petition to have damages assessed by a jury, upon which petition notice shall be given, and the court shall assess such damages by jury.
Source.
1929, 180:3. RL 293:14. 1951, 203:47 par. 15, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 379 - Joint, Connecting, and Terminal Service › Section 379:16 - Fees.

379:16 Fees. –
In such proceedings, the department of transportation shall charge and collect fees as follows: for the entry of each petition, $25; for the making of each order of notice for service upon parties in interest, $5; for each notice by publication, the actual cost thereof; and for the entry of each order granting joint use of lines, tracks, rights of way, stations, equipment, or facilities in any such case, $10.
Source.
1929, 180:4. RL 293:15. 1951, 203:47 par. 16, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:1 - Railroad's Liability.

380:1 Railroad's Liability. –
Every railroad shall be liable for all damages to any person or property by fire or steam from any locomotive or other engine upon their road.
Source.
RS 142:8. CS 150:59. GS 148:8. GL 162:8. PS 159:29. PL 250:1. RL 300:1. 1951, 203:59 par. 1, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:2 - Insurable Interest.

380:2 Insurable Interest. –
Such railroads shall have an insurable interest in all property situate upon the line of their road which is exposed to such damage, and they may effect insurance thereon for their own benefit.
Source.
RS 142:9. CS 150:60. 1861, 2489:1. GS 148:9. GL 162:9. PS 159:30. PL 250:2. RL 300:2. 1951, 203:59 par. 2, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:3 - Owner's Insurance.

380:3 Owner's Insurance. –
Such railroads shall be entitled to the benefit of any insurance effected upon such property by the owner thereof, less the cost of premium and of expense of recovery. The insurance shall be deducted from the damages if recovered before the damages are assessed, or, if not, the policy shall be assigned to the railroads who may maintain an action thereon.
Source.
1861, 2489:1. GS 148:10. GL 162:10. PS 159:31. PL 250:3. RL 300:3. 1951, 203:59 par. 3, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:4 - Fire Prevention Equipment.

380:4 Fire Prevention Equipment. –
I. Every railroad operating steam locomotives in this state shall, subject to the approval of the department of transportation, equip each steam locomotive with a spark arrester in good condition and a suitable ashpan.
II. Every railroad operating locomotives powered by diesel or other types of internal combustion engine shall equip and maintain each engine with exhaust manifolds or spark arresters as required by the department of transportation.
III. Every railroad with equipment required by RSA 380:4, I or II shall:
(a) Keep the fire prevention equipment in good condition and prevent the escape of live coals, sparks or carbon deposits which may cause fires on the right of way; and
(b) Define procedures, subject to the approval of the department of transportation, for
(1) giving fire signals to its employees; and
(2) notifying its employees of the existence and location of fires along the right of way.
Source.
1913, 155:1. PL 250:4. RL 300:4. 1951, 203:59 par. 4. RSA 380:4. 1963, 121:1. 1981, 435:43. 1985, 402:6, I(e)(8).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:5 - Deputy Fire Wardens.

380:5 Deputy Fire Wardens. –
The state forester may appoint as deputy forest fire wardens the section foremen or such other railroad employees as the authorized officials of the railroad may recommend. Such deputies, when so appointed, shall be vested with the powers and duties of deputy forest fire wardens, except as such powers and duties are limited or extended hereby.
Source.
1913, 155:2. PL 250:5. RL 300:5. 1951, 203:59 par. 5, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:6 - Duties.

380:6 Duties. –
Railroad deputies thus appointed shall extinguish and supervise the fighting of forest and brush fires originating along the railroad right of way, but shall not be required to supervise the fighting of fires which do not so originate, except that a railroad deputy who receives notice of the existence of a fire adjacent to the right of way shall proceed forthwith to extinguish it.
Source.
1913, 155:2. PL 250:6. RL 300:6. 1951, 203:59 par. 6, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:7 - Cooperation With.

380:7 Cooperation With. –
The department of natural and cultural resources shall instruct all wardens and other employees of the department to cooperate with the railroad deputies in the prevention and extinguishment of railroad fires, immediately to notify the nearest station agent or railroad deputy upon the discovery of a fire along the right of way, and to combat such fire until the railroad deputy or other railroad official shall assume charge.
Source.
1913, 155:2. PL 250:7. RL 300:7. 1951, 203:59 par. 7, eff. Sept. 1, 1951. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:8 - Expenses.

380:8 Expenses. –
All just and proper expenses incurred in extinguishing forest or brush fires caused by a railroad shall be paid by such railroad; but the fact that such payment has been made shall not be admissible as evidence that such fire was so caused.
Source.
1913, 155:2. PL 250:8. RL 300:8. 1951, 203:59 par. 8, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:9 - Instruction to Employees.

380:9 Instruction to Employees. –
Railroads shall promulgate among their employees instructions for the prevention and extinguishment of fires along the right of way.
Source.
1913, 155:3. PL 250:9. RL 300:9. 1951, 203:59 par. 9, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:10 - Patrol.

380:10 Patrol. –
They shall, through the railroad deputies or other officials, organize and maintain a system of patrol during dry weather along the sections of the right of way where there is danger of fire.
Source.
1913, 155:3. PL 250:10. RL 300:10. 1951, 203:59 par. 10, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:11 - Neglect.

380:11 Neglect. –
The fact that a section of the right of way was not patrolled shall not be evidence of negligence to debar such railroad from insurance on property as provided in RSA 380:3.
Source.
1913, 155:3. PL 250:11. RL 300:11. 1951, 203:59 par. 11, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:12 - To Clear Brush, Etc.

380:12 To Clear Brush, Etc. –
Railroads shall have the right, subject to the provisions hereof, to enter upon forest or brush land adjacent to the right of way without liability for trespass for the purpose of clearing brush, grass and inflammable material from such land for a distance of 25 feet from the railroad right of way but shall not remove valuable timber growth without recompense to the owner.
Source.
1913, 155:4. PL 250:12. RL 300:12. 1951, 203:59 par. 12, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:13 - Notice.

380:13 Notice. –
Prior to making such a clearing, the railroad shall give the owner thereof notice of its intention by letter mailed to his last known address, and thereafter by publishing said notice at least once in 2 newspapers of general circulation in the county. Said notice shall quote RSA 380:12-17.
Source.
1913, 155:4. PL 250:13. RL 300:13. 1951, 203:59 par. 13, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:14 - Failure to Object.

380:14 Failure to Object. –
If the owner shall not file an objection to such clearing with the department of transportation within 15 days from the date of such publication, he shall be deemed to have given consent.
Source.
1913, 155:4. PL 250:14. RL 300:14. 1951, 203:59 par. 14. RSA 380:14. 1985, 402:6, I(e)(8).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:15 - Objection.

380:15 Objection. –
Upon the filing of such an objection, the department of transportation shall notify the owner of the time and place when he may appear to show cause why such clearing should not be done.
Source.
1913, 155:4. PL 250:15. RL 300:15. 1951, 203:59 par. 15. RSA 380:15. 1985, 402:6, I(e)(8).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:16 - Hearing; Order.

380:16 Hearing;  Order. –
After a hearing, the department of transportation may sustain the objection or permit the clearing to be done, and may prescribe the extent and methods of such clearing.
Source.
1913, 155:4. PL 250:16. RL 300:16. 1951, 203:59 par. 16. RSA 380:16. 1985, 402:6, I(e)(8).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:17 - Assistance.

380:17 Assistance. –
The department of transportation may require the assistance of the department of natural and cultural resources and the director of the division of forests and lands in furnishing information pertinent to carrying out RSA 380:16.
Source.
1913, 155:4. PL 250:17. RL 300:17. 1951, 203:59 par. 17. RSA 380:17. 1985, 402:6, I(e)(8). 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 380 - Railroads; Fire Damage and Prevention › Section 380:18 - Reports.

380:18 Reports. –
The department of natural and cultural resources or its authorized agents shall have the right to enter upon railroad or other property to ascertain facts, and from time to time shall report the same to the department of transportation.
Source.
1913, 155:5. PL 250:18. RL 300:18. 1951, 203:59 par. 18. RSA 380:18. 1985, 402:6, I(e)(8). 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:1 - Definitions.

381:1 Definitions. –
As used in this chapter, "railroad," "railroads" or "railway company" or any combination of such words means a corporation, company or state engaged as a common carrier in the furnishing or sale of transportation, freight or passenger service, or any combination thereof, by railroad.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:2 - Appointment.

381:2 Appointment. –
The commissioner of safety shall have the authority to commission and rescind the commissions of all railroad police officers in the state of New Hampshire. The commissioner of safety may commission and rescind the commissions of railroad police officers recommended by the commissioner of transportation pursuant to RSA 228:62-a or recommended and appointed by the chief police officer, or in his absence the chief operating officer, of any railroad located wholly, or partially, within the state.
Source.
1979, 333:1. 1981, 75:2; 568:166. 1985, 402:6, I(b)(8).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:3 - Responsibility.

381:3 Responsibility. –
In enforcing the provisions of this chapter, neither the commissioner of safety as an individual nor the state of New Hampshire shall assume any civil liability for acts of a police officer in exercising or attempting to exercise the powers conferred by this chapter. Nothing contained in this chapter shall have the effect of relieving any such railroad from any civil liability for the acts of a police officer in exercising or attempting to exercise the powers conferred by this chapter.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:4 - Qualifying for Commission.

381:4 Qualifying for Commission. –
Any person who was a railroad police officer on August 21, 1979, in order to qualify for an appointment as a railroad police officer pursuant to RSA 381:2, must have been employed on a full-time basis by a railroad police department, municipal police department or a state police department, or combination thereof, for a minimum of 3 years. Such employment shall have been in performing the duties of a police officer. Any person who was not a railroad police officer on August 21, 1979, or who was so employed but did not have the 3 years of employment required by this section, shall be required to be certified as a police officer in accordance with RSA 106-L in order to qualify for appointment pursuant to RSA 381:2. Any person employed as a railroad police officer after August 21, 1979, shall complete such training as the police standards and training council shall determine, which, together with his or her prior training and experience in this or any other jurisdiction, is the equivalent required for certification as a police officer in accordance with RSA 106-L in order to qualify for appointment pursuant to RSA 381:2.
Source.
1979, 331:1. 1989, 260:4, eff. July 1, 1989. 2017, 206:16, eff. Sept. 8, 2017.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:5 - Powers.

381:5 Powers. –
Any police officer appointed in accordance with this chapter shall have the authority in all cases in which the rights of the appointing railroad are involved to exercise within this state all the powers of a special police officer, including the powers of arrest and the carrying of firearms, for the reasonable purpose of his office.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:6 - Disposition of Persons Arrested.

381:6 Disposition of Persons Arrested. –
The keepers of jails, lockups and station houses in any county, city or town shall receive all persons arrested by railroad police for the commission of any offense against the laws of this state or the ordinances of any such city or town to be dealt with according to law, and persons arrested shall be received by keepers of jails, lockups or station houses and such persons shall have the same status as other persons arrested by any other police or peace officer of this state.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:7 - Carrying of Shield.

381:7 Carrying of Shield. –
Each railroad police officer so appointed and commissioned shall, when on duty, carry a shield or star with the words "Police", "Railroad Police", or "Railway Police", and the name of initials of the appointing railroad inscribed thereon. This shield, or star, shall be worn in plain view when in uniform. Such police officers shall also carry, when on duty, an identification card issued by the appointing railroad.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:8 - Compensation.

381:8 Compensation. –
The railroad to which each railroad police officer is assigned shall be responsible for employment and retirement compensation and for the financial cost of training of railroad police officers.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:9 - Reciprocity.

381:9 Reciprocity. –
In order to more effectively carry out the purposes of this chapter, the governor of this state, referred to as the empowering state, may enter into a reciprocal agreement with the governor of any other state, referred to as the reciprocal state, subject to any regulations prescribed under such agreement, empowering a railroad police officer with the right to perform any police function that can be lawfully exercised by a police officer of the reciprocal state relating to the detection and apprehension of any person committing an offense against the empowering or the reciprocal state, but only to the extent that such offense is committed on property owned, operated or maintained by the appointing railroad or committed against property owned or in the possession of such railroad.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:10 - Termination of Authority.

381:10 Termination of Authority. –
Upon termination of employment of any railroad police officer, the powers of such police officer shall terminate. Within 10 days after such termination, the appointing railroad shall, through its designated chief police officer or, in the absence of a chief police officer, its chief operating officer, file a notice of termination of employment of such individual with the commissioner of safety.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:11 - Rules.

381:11 Rules. –
The commissioner of safety shall have the authority to adopt rules, pursuant to RSA 541-A, to carry out the provisions of this chapter. Railroad police officers shall be subject to such rules.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:12 - Impersonating an Officer.

381:12 Impersonating an Officer. –
Any person who impersonates a railroad police officer shall be guilty of a class B felony.
Source.
1979, 331:1. 2008, 225:2, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:13 - Arraignment of Offenders.

381:13 Arraignment of Offenders. –
Any police officer may carry a person arrested upon the cars of the railroad upon whose petition the officer was appointed to the next railroad station at which the train on which they are travelling stops, although in another county, and detain said person until he can be taken back to the county wherein the offense was committed. All persons so arrested shall be discharged or taken before a municipal or district court to answer for their offenses within 24 hours after their arrest, Sundays and holidays excepted.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:14 - Criminal Trespass on Railroad Property.

381:14 Criminal Trespass on Railroad Property. –
Any person who enters or remains in a railroad station, upon the platform or grounds adjacent to a station, or upon any property of a railroad knowingly without license or privilege to do so, or a person who enters or remains upon or returns to said property in defiance of an order of a station agent or any police officer shall be guilty of criminal trespass as provided in RSA 635:2.
Source.
1979, 331:1. 1981, 74:1, eff. June 2, 1981.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:15 - Reporting of Arrests.

381:15 Reporting of Arrests. –
Railroad police officers shall report all criminal offenses investigated and arrests by them within the state to the nearest state police troop station or to state police headquarters in such a manner as the director of state police shall prescribe.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 381 - Railroad Police › Section 381:16 - Oath of Office.

381:16 Oath of Office. –
Each police officer so appointed and commissioned shall, before entering upon the duties of his office, take an oath of office administered by the commissioner of safety or his designee.
Source.
1979, 331:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 382 - Maintenance of Parks by Railroads and Bus Lines › Section 382:1 - Authority.

382:1 Authority. –
With the consent of the department of transportation, and upon such terms as it may approve, railroads and bus lines may hold or acquire, by lease or purchase, suitable lands, and convert and maintain the same, as a part of their system, into parks and pleasure grounds for the accommodation and recreation of the public.
Source.
1897, 51:1. PL 257:1. RL 303:1. 1951, 203:62 par. 1. RSA 382:1. 1985, 402:6, I(e)(8).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 382 - Maintenance of Parks by Railroads and Bus Lines › Section 382:2 - Structures.

382:2 Structures. –
Such lands may be properly enclosed and suitable buildings and structures may be erected and maintained thereon for the convenience, entertainment and comfort of the public.
Source.
1897, 51:1. PL 257:2. RL 303:2. 1951, 203:62 par. 2, eff. Sept. 1, 1951.
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 382 - Maintenance of Parks by Railroads and Bus Lines › Section 382:3 - Admission; Regulations.

382:3 Admission;  Regulations. –
Every railroad and bus line maintaining a park or place or resort may charge a reasonable fee for admission thereto and shall prescribe suitable rules and regulations for the conduct and government thereof, which, when approved by the department of transportation in writing, and when printed copies thereof shall have been posted in and about said park or place of resort, shall be respected and obeyed by all persons entering upon said premises or frequenting the same.
Source.
1897, 51:2. PL 257:3. RL 303:3. 1951, 203:62 par. 3. RSA 382:3. 1985, 402:6, I(e)(8).
2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 382 - Maintenance of Parks by Railroads and Bus Lines › Section 382:4 - Penalty.

382:4 Penalty. –
Whoever shall violate any of the rules and regulations established for the government of any park or place of resort which has been established in accordance with the provisions of RSA 382 shall be guilty of a misdemeanor.
Source.
1897, 51:3. PL 257:4. RL 303:4. 1951, 203:62 par. 4. RSA 382:4. 1973, 528:263, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:1-101 - Short Titles.

382-A:1-101 Short Titles. –
(a) This chapter may be cited as the Uniform Commercial Code.
(b) This article may be cited as Uniform Commercial Code-General Provisions.
Source.
2006, 169:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:1-102 - Scope of Article.

382-A:1-102 Scope of Article. –
This article applies to a transaction to the extent that it is governed by another article of this chapter.
Source.
2006, 169:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:1-103 - Construction of Uniform Commercial Code to Promote its Purposes and Policies; Applicability of Supplemental Principles of Law.

382-A:1-103 Construction of Uniform Commercial Code to Promote its Purposes and Policies;  Applicability of Supplemental Principles of Law. –
(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies, which are:
(1) to simplify, clarify, and modernize the law governing commercial transactions;
(2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
(3) to make uniform the law among the various jurisdictions.
(b) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law of merchants and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating causes supplement its provisions.
Source.
2006, 169:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:1-104 - Construction Against Implied Repeal.

382-A:1-104 Construction Against Implied Repeal. –
Since this chapter is a general act intended to provide unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Source.
2006, 169:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:1-105 - Severability.

382-A:1-105 Severability. –
If any provision or clause of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source.
2006, 169:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:1-106 - Use of Singular and Plural; Gender.

382-A:1-106 Use of Singular and Plural;  Gender. –
In this chapter, unless the statutory context otherwise requires:
(1) words in the singular number include the plural, and those in the plural include the singular; and
(2) words of any gender also refer to any other gender.
Source.
2006, 169:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:1-107 - Section Captions.

382-A:1-107 Section Captions. –
Section captions are part of the Uniform Commercial Code.
Source.
2006, 169:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:1-108 - Relation to Electronic Signatures in Global and National Commerce Act.

382-A:1-108 Relation to Electronic Signatures in Global and National Commerce Act. –
This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., except that nothing in this article modifies, limits, or supersedes 15 U.S.C. section 7001(c) or authorizes electronic delivery of any of the notices described in 15 U.S.C. section 7003(b).
Source.
2006, 169:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXIV-A - Uniform Commercial Code › Chapter 382-A - Uniform Commercial Code › Section 382-A:1-202 - Notice; Knowledge.

382-A:1-202 Notice;  Knowledge. –
(a) Subject to subsection (f), a person has "notice" of a fact if the person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.
(c) "Discover," "learn," or words of similar import refer to knowledge rather than to reason to know.
(d) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(e) Subject to subsection (f), a person "receives" a notice or notification when:
(1) it comes to that person's attention; or
(2) it is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
Source.
2006, 169:1, eff. Jan. 1, 2007.