§ 162-H:7-a — Application for Certificate; Qualified Existing Energy Facilities Repurposing

New Hampshire § 162-H:7-a

• Jurisdiction: New Hampshire
• Title XII: PUBLIC SAFETY AND WELFARE
• Ch. 162-H: ENERGY FACILITY EVALUATION, SITING, CONSTRUCTION AND OPERATION

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I. This section applies only to repurposing qualified existing energy facilities as defined in RSA 162-H:2, XI-a.
II. All applications for a certificate for an energy facility shall be filed with the chairperson of the site evaluation committee.
III. Upon filing of an application, the chairperson of the site evaluation committee shall expeditiously conduct a preliminary review to ascertain if the application contains sufficient information to carry out the purposes of this chapter. If the application does not contain such sufficient information, the chairperson of the site evaluation committee shall, in writing, expeditiously notify the applicant of that fact and specify what information the applicant must supply.
IV. Each application shall contain sufficient information to satisfy the application requirements of each state agency having jurisdiction, under state or federal law, to regulate any aspect of the construction or operation of the proposed facility, and shall include each agency's completed application forms, which shall be contemporaneously filed with the state agency having jurisdiction. Upon receipt of a copy, each agency shall conduct a preliminary review to ascertain if the application contains sufficient information for its purposes. If the application does not contain sufficient information for the purposes of any of the state agencies having permitting or other regulatory authority, that agency shall, in writing, notify the committee and the applicant of that fact and specify what information the applicant must supply. Notwithstanding any other provision of law, for purposes of the time limitations imposed by this section, any application made under this section shall be deemed not accepted either by the chairperson of the site evaluation committee, the committee at large, or by any of the state agencies having permitting or other regulatory authority if the applicant is reasonably notified that it has not supplied sufficient information for any of the state agencies having permitting or other regulatory authority in accordance with this paragraph.
V. Each application shall also:
(a) Describe in reasonable detail the type and size of each major part of the proposed facility.
(b) Identify both the applicant's preferred choice and other alternatives it considers available for the site and configuration of each major part of the proposed facility and the reasons for the applicant's preferred choice.
(c) Describe in reasonable detail the impact of each major part of the proposed facility on the environment for each site proposed.
(d) Describe in reasonable detail the applicant's proposals for studying and solving environmental problems.
(e) Describe in reasonable detail the applicant's financial, technical, and managerial capability for construction and operation of the proposed facility.
(f) Document that written notification of the proposed project, including appropriate copies of the application, has been given to the appropriate governing body of each affected municipality, as defined in RSA 162-H:2, I-b. The application shall include a list of the affected municipalities.
(g) Describe in reasonable detail the elements of and financial assurances for a facility decommissioning plan.
(h) Provide such additional information as the committee may require to carry out the purposes of this chapter.
VI. Upon filing the application with the committee, the applicant shall publish a public notice describing the nature and location of the proposed facility and repurposing in one or more newspapers having a regular circulation in the town and/or county in which the facility is located and shall provide a copy of the public notice to the city or town administrator in which the facility is located for public posting.
VII. The committee shall make a determination of whether or not to accept the application as administratively complete and that the application meets the requirements of RSA 162-H:2, XI-a, relative to qualified existing energy facility repurposing, within 30 days of filing. Notice of acceptance of the application shall be simultaneously provided to the applicant and the applicable state agency. If the committee rejects an application because it determines it to be administratively incomplete, the applicant may choose to file a new and more complete application or cure the defects in the rejected application within 10 days of receipt of notification of rejection.
VIII. Public information sessions shall be held in accordance with RSA 162-H:10.
IX. All state agencies having permitting or other regulatory authority shall report their progress to the committee within 90 days of the acceptance of the application, outlining draft permit conditions and specifying additional data requirements necessary to make a final decision on the parts of the application that relate to its permitting or other regulatory authority.
X. All state agencies having permitting or other regulatory authority shall make and submit to the committee a final decision on the parts of the application that relate to its permitting and other regulatory authority, no later than 120 days after the application has been accepted.
XI. Within 180 days of the acceptance of an application, the committee shall issue or deny a certificate for an energy facility.
XII. This chapter shall not preclude an agency from imposing its usual statutory fees.
XIII. The applicant shall immediately inform the committee and applicable state agency of any substantive modification to its application.
XIV. The time to render a decision on the application may be extended by the agency of jurisdiction for good cause upon written request of the applicant. Such extensions shall be reported to the committee.

Legislative History

2024, 295:2, eff. July 26, 2024.