2015 New Hampshire Revised Statutes
Title XII - PUBLIC SAFETY AND WELFARE
Chapter 162-H - ENERGY FACILITY EVALUATION, SITING, CONSTRUCTION AND OPERATION
Section 162-H:3 - Site Evaluation Committee Established.

    162-H:3 Site Evaluation Committee Established. –
    I. There is hereby established a committee to be known as the New Hampshire site evaluation committee consisting of 9 members, as follows:
       (a) The commissioners of the public utilities commission, the chairperson of which shall be the chairperson of the committee;
       (b) The commissioner of the department of environmental services, who shall be the vice-chairperson of the committee;
       (c) The commissioner of the department of resources and economic development;
       (d) The commissioner of the department of transportation;
       (e) The commissioner of the department of cultural resources or the director of the division of historical resources as designee; and
       (f) Two members of the public, appointed by the governor, with the consent of the council, at least one of whom shall be a member in good standing of the New Hampshire Bar Association, and both of whom 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; or community and regional planning or economic development.
    II. The public members shall serve 4-year terms and until their successors are appointed and qualified. The initial term of one member shall be 2 years. 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 to be succeeded.
    III. 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.
    IV. All members shall refrain from ex parte communications regarding any matter pending before the committee.
    V. Seven members of the committee shall constitute a quorum for the purpose of conducting the committee's business.
    VI. Any public member of the committee may be removed 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.
    VII. The committee shall be administratively attached to the public utilities commission pursuant to RSA 21-G:10.
    VIII. [Repealed.]
    IX. The chairperson shall serve as the chief executive of the committee and may:
       (a) Delegate to other members the duties of presiding officer, as appropriate.
       (b) Perform administrative actions for the committee, as may a presiding officer.
       (c) Establish, with the consent of the committee, the budgetary requirements of the committee.
       (d) Engage personnel in accordance with this chapter.
       (e) Form subcommittees pursuant to RSA 162-H:4-a.
    X. An alternate public member who satisfies the qualification requirements of subparagraph I(f), excluding the New Hampshire Bar membership requirement, shall be appointed by the governor, with consent of the council. The alternate public member shall only sit on the committee or a subcommittee as provided for in paragraph XI.
    XI. If at any time a member must recuse himself or herself on a matter or is not otherwise available for good reason, such person, if a state employee, may designate a senior administrative employee or a staff attorney from his or her agency to sit on the committee. In the case of a public member, the chairperson shall appoint the alternate public member, or if such member is not available, the governor and council shall appoint a replacement upon petition of the chairperson. The replacement process under this paragraph shall also be applicable to subcommittee members under RSA 162-H:4-a.

Source. 1991, 295:1. 1995, 310:182. 1996, 228:41. 1997, 298:25. 2002, 247:2. 2003, 319:9. 2004, 257:44. 2007, 364:4. 2009, 65:5, eff. Aug. 8, 2009. 2014, 217:6, eff. July 1, 2014. 2015, 219:2, eff. July 8, 2015.