TITLE XII
PUBLIC SAFETY AND WELFARE
Chapter 162-R
ENERGY INFRASTRUCTURE DEVELOPMENT AND CORRIDORS
Section 162-R:1
162-R:1 Definitions. –
In this chapter:
I. "Energy infrastructure" includes high voltage DC or AC electric transmission facilities of 115 kV or greater, natural gas transmission lines, carbon dioxide pipelines, petroleum pipelines, and other energy transport pipelines or conduits.
II. "Energy infrastructure corridor" means an existing state-owned transportation right-of-way within which energy infrastructure could potentially be sited underground.
III. "Developer" means a person or legal entity that can demonstrate to the state the financial, technical, and managerial capability to engage in the development and construction of energy infrastructure.
III-a. "Microgrid" means a group of interconnected loads and distributed energy resources acting as a single controllable entity with respect to the grid, with the ability to connect/disconnect to operate in grid-connected or island mode, improve reliability and resilience to grid disturbances, and enable local assets to collaborate to save costs, run during interruptions, or support remote operations. A microgrid may also feature system modeling/simulation, power electronic converters and control algorithms, controller hardware-in-the-loop testing, power hardware-in-the-loop testing, programmable AC/DC power supplies for grid/PV/battery emulation, and hybrid microgrid testing including distribution integration of wind turbines, PV, dynamometers, loads, and energy storage.
IV. "Project" means the development or construction of energy infrastructure subject to site evaluation committee jurisdiction under RSA 162-H within an energy infrastructure corridor.
V. "Site evaluation committee" means the site evaluation committee established in RSA 162-H:3.
VI. "State-owned transportation right-of-way" means a highway or railroad right-of-way on land owned in fee by the state or a state agency or state authority.
VII. "Sufferance" means that the owner of energy infrastructure has no real property interest in the right-of-way, but merely occupies and uses the public right-of-way subject to terms and conditions established by the New Hampshire department of transportation.
Source. 2016, 218:2, eff. April 15, 2018. 2026, 197:2, eff. June 19, 2026.
Section 162-R:2
162-R:2 Energy Infrastructure Corridors Designated. –
I. In accordance with RSA 236:18, the state has the exclusive rights, insofar as they do not conflict with any federal statute, rule, or regulation, to build, lease, or utilize for any public purpose the space adjacent to (excluding the median) and below the toll highways and the interstate system highways within the state.
II. The following areas, owned by the state, are designated as energy infrastructure corridors:
(a) I-89 (between the intersection of I-93 and the Vermont border).
(b) I-93 (between the Massachusetts border and the Vermont border, excepting approximately 1.7 miles located in the White Mountain National Forest north of Franconia Notch state park).
(c) I-95 (between the Massachusetts border and the Maine border).
(d) N.H. Route 101 (between the intersection of I-93 and the intersection of I-95).
III. Nothing in this chapter shall require a developer of energy infrastructure to site or propose to site energy infrastructure, or any part thereof, within an energy infrastructure corridor designated under this chapter.
Source. 2016, 218:2, eff. April 15, 2018.
Section 162-R:3
162-R:3 Energy Infrastructure Proposal Application Process. –
I. (a) To initiate the application process, a developer may file with the department of transportation, a request for a preliminary conceptual feasibility study, including such project-specific information as the department may specify in accordance with the department's utility accommodation manual.
(b) Within 30 days after such study request is filed, the department shall provide written notice to the developer, with a copy to the site evaluation committee, either accepting such study request as sufficiently complete to allow the department to evaluate the conceptual feasibility of the proposal and submit its recommendation to the committee, or specifying the additional information needed to complete its evaluation.
(c) Upon notice to the developer that the study request is deemed sufficiently complete for its purposes under subparagraph (a), the department shall have 60 days to determine whether and to what extent the proposed project route would be conceptually feasible within the applicable state-owned transportation right-of-way or rights-of-way, based on department standards and regulations.
(d) Within 60 days after notice to the developer that its submission has been deemed complete, the department shall submit its report on the conceptual feasibility of the project to the developer and the site evaluation committee, specifying any concerns or issues it believes the committee should consider in its review of the application.
II. The site evaluation committee shall determine whether the application is complete, and shall proceed to review a completed application under RSA 162-H.
Source. 2016, 218:2, eff. April 15, 2018.
Section 162-R:4
162-R:4 Energy Infrastructure Proposal; Decision Criteria. –
I. The site evaluation committee shall evaluate and render a decision on an energy infrastructure proposal which chooses to use one or more designated energy infrastructure corridors pursuant to the provisions of this chapter.
II. The site evaluation committee may approve an energy infrastructure proposal for a project to be sited in whole or in part within one or more energy infrastructure corridors only if it finds that the project meets the criteria set forth in RSA 162-H.
Source. 2016, 218:2, eff. April 15, 2018.
Section 162-R:5
162-R:5 Use of Energy Infrastructure Corridors; Requirements. –
Development and construction of energy infrastructure within an energy infrastructure corridor are governed by this section. No person shall engage in development or construction of energy infrastructure within an energy infrastructure corridor, unless such person is in compliance with applicable state and federal laws, rules, and regulations. Any development, construction, maintenance, or use of energy infrastructure within an energy infrastructure corridor shall be at the sufferance of the department of transportation. All costs associated with installation, alteration, relocation (whether or not required by the department), and/or protection of energy infrastructure within an energy infrastructure corridor shall be the responsibility of the energy infrastructure developer or owner.
Source. 2016, 218:2, eff. April 15, 2018.
Section 162-R:6
162-R:6 Revenues. –
I. The department of transportation, right-of-way (ROW) appraisal bureau section, shall identify an initial estimate of the range of value for the use of state-owned land or assets within a designated energy infrastructure corridor and negotiate a value for such use with the developer. The actual and final value shall be subject to approval by the long range capital planning and utilization committee.
II. (a) Except as provided in subparagraph (b), all revenues generated from the use of state-owned land or assets within energy infrastructure corridors designated under this chapter shall be deposited in the highway fund for use solely in state transportation programs funded in whole or in part by the Federal Highway Administration or other federal agencies and included in the state's 10-year transportation plan. Nothing in this section shall be deemed to affect the responsibility of a developer to pay separately to the site evaluation committee the fees required under RSA 162-H.
(b) Revenues generated from the use of state-owned land or assets within a turnpike shall be deposited in the turnpike fund.
Source. 2016, 218:2, eff. April 15, 2018. 2018, 93:1, eff. July 24, 2018.
Section 162-R:7
[RSA 162-R:7 repealed by 2026, 197:8, effective July 1, 2027.]
162-R:7 Port Electrification Report. –
I. There is hereby established a task force to report on port electrification.
II. The task force shall consist of:
(a) The director of the division of ports and harbors, or designee, who shall serve as chair and convening authority and shall administer the task force.
(b) The commissioner of the department of transportation, or designee.
(c) The commissioner of the department of energy, or designee.
(d) The commissioner of the department of business and economic affairs, or designee.
III. The report shall:
(a) Identify feasible technologies and locations for charging infrastructure, energy supply, including on-site generation, and energy storage units, to serve hybrid electric, and fuel cell electric ships, for shipping, fisheries, and other vessels, and portside power supply for conventional-fueled vessels.
(b) Assess applicable state, federal, and international regulations and regulatory barriers.
(c) Identify associated costs, funding sources, and potential models for private development.
(d) Identify transmission and interconnection siting.
IV. The report required by this section shall be completed on or before June 30, 2027. Copies shall be submitted to the governor, speaker of the house, president of the senate, and the chairs of the house and senate standing committees for transportation, energy, and commerce.
Source. 2026, 197:3, eff. June 19, 2026.