TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 162-H
ENERGY FACILITY EVALUATION, SITING, CONSTRUCTION AND OPERATION

Section 162-H:10-a

    162-H:10-a Wind Energy Systems. –
I. To meet the objectives of this chapter, and with due regard for the renewable energy goals of RSA 362-F, including promoting the use of renewable resources, reducing greenhouse gas and other air pollutant emissions, and addressing dependence on imported fuels, the general court finds that appropriately sited and conditioned wind energy systems subject to committee approval have the potential to assist the state in accomplishing these goals. Accordingly, the general court finds that it is in the public interest for the site evaluation committee to establish criteria or standards governing the siting of wind energy systems in order to ensure that the potential benefits of such systems are appropriately considered and unreasonable adverse effects avoided through a comprehensive, transparent, and predictable process. When establishing any criteria, standard, or rule for a wind energy system or when specifying the type of information that a wind energy applicant shall provide to the committee for its decision-making, the committee shall rely upon the best available evidence.
II. For the adoption of rules, pursuant to RSA 541-A, relative to the siting of wind energy systems, the committee shall address the following:
(1) Visual impacts as evaluated through a visual impact assessment prepared in accordance with professional standards by an expert in the field.
(2) Cumulative impacts to natural, scenic, recreational, and cultural resources from multiple towers or projects, or both.
(3) Health and safety impacts, including but not limited to, shadow flicker caused by the interruption of sunlight passing through turbine blades and ice thrown from blades.
(4) Project-related sound impact assessment prepared in accordance with professional standards by an expert in the field.
(5) Impacts to the environment, air and water quality, plants, animals and natural communities.
(6) Site fire protection plan requirements.
(7) Site decommissioning, including sufficient and secure funding, removal of structures, and site restoration.
(8) Best practical measures to avoid, minimize, or mitigate adverse effects.

Source. 2014, 310:5, eff. Aug. 1, 2014.