NEW HAMPSHIRE - Association of Fish and Wildlife Agencies

NEW HAMPSHIREBACKGROUNDContact: Carol Henderson, Environmental Review Coordinator, NH Fish & Game,carol.henderson@wildlife.nh.gov, 11 Hazen Drive, Concord NH 03301Installed Utility Scale Wind Power: 1 MW (what does this refer to?)INCENTIVES FOR WIND DEVELOPMENTRenewable Portfolio Standard: Yes - 23.8% by 2025Incentives for Industrial or “Big Wind” Production:The New Hampshire Business Resource Center and Ocean National sponsor the Renewable Energyand Energy Efficiency Business Loan Program that offers small businesses a reduced interest rateloan of at least $10,000 for the purchase of renewable energy systems and energy efficiencyimprovements.Incentives for Residential and “Small Wind” Production:New Hampshire allows each city and town to offer an exemption on residential property taxes in theamount of the assessed value of a renewable-energy system used on the property.Interconnection and Net Metering Standards:Net metering is available to all electric-generating systems powered by “renewable” energy with amaximum system capacity of 100 kW and the aggregate capacity of net-metered systems in autility’s service territory is 1.0% of the utility’s annual peak energy demand.ENERGY SITING PROCESSPower Siting Authority: New Hampshire Energy Facility Siting Evaluation Committee (SEC)provides a Certificate for Site and Facility for energy facilities over 30 MW; developers of facilitiesless than 30 MW can opt-in to the SEC process to preempt local jurisdiction or to access theaggressive schedule (within 9 months from application) that the SEC is required to pursue. If notgoing through the SEC process, wind development would fall under local jurisdiction. The state iscurrently going through their third wind power siting evaluation.Wind Specific Siting Authority? NoCode or Regulations: RSA 162-HRole of State Fish & Wildlife Agency: The Executive Director of the New Hampshire Fish &Game Department (NHFG) is one of 15 officials from 8 state agencies that sit on the SitingEvaluation Committee. NH Fish & Game Department has review of the project for impacts to

wildlife especially threatened & endangered species. Department of Environmental Services isresponsible for wetlands, alteration of terrain, water quality certificate, etc.How are wildlife laws applied: The siting application includes an evaluation of potential impactson the environment and plans to study and resolving environmental problems. This is the actual lawfor review of environmental issues in (c) below.162-H:16 Findings and Certificate Issuance. –I. The committee shall incorporate in any certificate such terms and conditions as may bespecified to the committee by any of the other state agencies having jurisdiction, under state orfederal law, to regulate any aspect of the construction or operation of the proposed facility;provided, however, the committee shall not issue any certificate under this chapter if any of theother state agencies denies authorization for the proposed activity over which it has jurisdiction. Thedenial of any such authorization shall be based on the record and explained in reasonable detail bythe denying agency.II. Any certificate issued by the site evaluation committee shall be based on the record. Thedecision to issue a certificate in its final form or to deny an application once it has been acceptedshall be made by a majority of the full membership. A certificate shall be conclusive on allquestions of siting, land use, air and water quality.III. The committee may consult with interested regional agencies and agencies of border states inthe consideration of certificates.IV. The site evaluation committee, after having considered available alternatives and fullyreviewed the environmental impact of the site or route, and other relevant factors bearing onwhether the objectives of this chapter would be best served by the issuance of the certificate, mustfind that the site and facility:(a) Applicant has adequate financial, technical, and managerial capability to assure constructionand operation of the facility in continuing compliance with the terms and conditions of thecertificate.(b) Will not unduly interfere with the orderly development of the region with due considerationhaving been given to the views of municipal and regional planning commissions and municipalgoverning bodies.(c) Will not have an unreasonable adverse effect on aesthetics, historic sites, air and waterquality, the natural environment, and public health and safety.(d) [Repealed.]V. [Repealed.]VI. A certificate of site and facility may contain such reasonable terms and conditions as thecommittee deems necessary and may provide for such reasonable monitoring procedures as may benecessary. Such certificates, when issued, shall be final and subject only to judicial review.VII. The committee may condition the certificate upon the results of required federal and stateagency studies whose study period exceeds the application period.Source. 1991, 295:1, eff. Jan. 1, 1992. 2009, 65:18-21, 24, IX, eff. Aug. 8, 2009.WILDLIFE GUIDELINES FOR WINDWildlife Guidelines for Wind Power Siting: Proposed guidance, using Vermont’s guidance as abasis.

Lead Agency on Guidelines: A stakeholders group led by NH Audubon and AppalachianMountain Club (AMC) with representatives from NHFG, USFWS, non-profits (Audubon, AMC,TNC) and wind representatives is drafting the guidelines. This has not been pursued further.Status of Wildlife Guidelines: Preliminary draft submitted by Wind Energy Facility SitingGuidelines Working Group on May 29 2007 to NH Energy Policy Committee Wind SitingSubcommittee for review.Summary of Guidelines: Evaluation of whether project is likely or less likely to have majorimpacts. Projects are placed into categories. For wildlife, pre- and post-monitoring studies areoutlined.Detailed Summary of New Hampshire’s Draft VoluntaryGuidelinesPre-constructionsurveyDesign/OperationRecommendationsSite DevelopmentRecommendationsConsultation withwildlife agency,USFWSMitigationrequirementsProposed guidelines recommend preliminary consultation with a proposedstate coordinator to evaluate initial data collection needs. After initial datacompilation, the developer should do a pre-application consultation with aproposed wind power advisory group to make a preliminary assessment onthe proposal’s suitability and concerns for resources, and to then providerecommendations for more complete studies necessary for the project. Theproposed guidelines then include a detailed overview of resource and socialissues that should be considered including rare plants, natural communities,soils and topography, water and wetlands, wildlife, existing land use andinfrastructure, recreational use, etc. For wildlife, required pre-permittingsurveys should include radar and acoustical surveys of birds and bats for atleast one year; visual surveys for diurnal migrating birds and bats for aminimum of one spring and one fall season; breeding bird surveys for aminimum of one breeding season. Recommended surveys for wildlife (onlyif deemed necessary from initial data compilation) should include surveysfor rare, threatened or endangered species, identification of suitable habitatfor lynx and marten, surveys for small footed bat, March to August surveysof peregrine falcons and mapping of beech, oak and mountain ashoccurrence.NoneNoneNoneNone

Post-Construction/Operational Surveys NoneDecommissioningNone