Section 162-H:6-a Time Frames for Review of Renewable Energy Facilities. - New Hampshire Statutes

   I. Upon the filing of an application for a certificate for a renewable energy facility, the chairperson shall expeditiously forward to each of the other state agencies having jurisdiction, under state or federal law, to regulate the construction or operation of the proposed facility, a copy of the parts of the application that are relevant to its jurisdiction. Upon the filing of the copy, each of the other state agencies shall conduct a preliminary review as described in RSA 162-H:7, IV. To qualify for the time frames for review specified in this section, an application for a renewable energy facility shall include testimony, exhibits, and sufficient information to satisfy the application requirements of each state agency having jurisdiction, under state or federal law, to regulate the construction or operation of the proposed facility, and shall include each agency's completed application forms.
   II. Upon the filing of an application for a certificate for a renewable energy facility, the chairperson or designee shall expeditiously conduct a preliminary review to ascertain whether the application contains sufficient information to carry out the purposes of this chapter. The chairperson or designee shall require as much information as he or she deems necessary to review the application and may take other administrative or procedural actions on behalf of the committee to aid in the orderly conduct of the proceeding.
   III. The chairperson of the committee or designee shall decide whether or not to accept the application within 30 days of filing. Once an application has been accepted the chairperson shall designate a subcommittee as provided in RSA 162-H:4, V.
   IV. After acceptance of the application, the subcommittee, upon 30 days notice, shall promptly hold at least one public hearing in each county in which the proposed facility is to be located.
   V. All participating state agencies shall report their progress to the subcommittee within 90 days of the acceptance of the application, outlining draft permit conditions and specifying additional data requirements necessary to make a final decision.
   VI. All participating state agencies shall make and submit to the subcommittee a final decision on the parts of the application that relate to its jurisdiction, no later than 180 days after the application has been accepted.
   VII. Within 30 days of the submission of final decisions under paragraph VI, the subcommittee shall hold a public hearing on the merits of the application, which shall be part of an adjudicative proceeding as provided under RSA 162-H:10, II. At such public hearing, the subcommittee shall hear testimony and receive evidence submitted on behalf of the applicant, any intervenors, agencies with jurisdiction, and members of the public represented by counsel for the public appointed under RSA 162-H:9. At such public hearing the subcommittee may also receive comment from any member of the public on the application.
   VIII. Within 240 days of the acceptance of an application, the subcommittee shall issue or deny a certificate for a renewable energy facility.
   IX. If the subcommittee at any time during its deliberations relative to an application for a certificate deems it to be in the public interest, it may temporarily suspend its deliberations and enlarge the time frame established under this section to issue or deny a certificate.
   X. The provisions of this section shall take precedence over any other provision of this chapter if there is a conflict.

Source. 2007, 364:6, eff. July 17, 2007. 2009, 65:10, eff. Aug. 8, 2009.