Title X, Public Health

I. The owner shall install and have operational scrubber technology to control mercury emissions at Merrimack Units 1 and 2 no later than July 1, 2013. The achievement of this requirement is contingent upon obtaining all necessary permits and approvals from federal, state, and lo…

I. Baseline mercury input shall be determined as follows: (a) No later than the first day of the second month following the effective date of this section, and continuing for 12 months thereafter, a representative monthly sample of the coal used traditionally (not to include tria…

Prior to the availability and operation of continuous emissions monitoring (CEM) systems, and subsequent to the baseline emissions testing under RSA 125-O:14, II, stack tests or another methodology approved by the department shall be conducted twice per year to determine mercury …

I. (a) The department shall issue to the owner early emissions reduction credits in the form of credits or fractions thereof for each pound of mercury or fraction thereof reduced below the baseline mercury emissions, on an annual basis, in the period prior to July 1, 2013. Ratios…

The owner may request a variance from the mercury emissions reduction requirements of this subdivision by submitting a written request to the department. The request shall provide sufficient information concerning the conditions or special circumstances on which the variance requ…

If the owner is a regulated utility, the owner shall be allowed to recover all prudent costs of complying with the requirements of this subdivision in a manner approved by the public utilities commission. During ownership and operation by the regulated utility, such costs shall b…

In this chapter: I. "Affected sources" means existing fossil fuel burning steam electric power plant units in this state, specifically Merrimack Units 1 and 2 in Bow; Schiller Units 4, 5, and 6 in Portsmouth; and Newington Unit 1 in Newington, excluding any of these units that ma…

In this subdivision: I. "Affected CO2 source" means any source with one or more fossil fuel-fired electricity generating units having a nameplate rated capacity equal to or greater than 25 megawatts. II. "Budget allowances" means those RGGI allowances comprising the state annual …

I. The department shall establish and enforce a CO2 emissions budget trading program consistent with this subdivision that shall be in substantial accordance with the RGGI program. [Paragraph II effective until September 13, 2026; see also paragraph II set out below.] II. The pro…

I. Each affected CO2 source shall obtain and retire a quantity of RGGI allowances equivalent to its CO2 emissions from fossil-fuel fired generation for each compliance period. Such retirement shall be done in stages. At the end of both the first and second year of the compliance …

I. There is hereby established an energy efficiency fund. This nonlapsing, special fund shall be continually appropriated to the department of energy to be expended in accordance with this section. The state treasurer shall invest the moneys deposited therein, as provided by law.…

I. The department shall reserve from auction, for retirement purposes, a quantity of budget allowances, not to exceed one percent of the annual budget, equivalent to the CO2 emissions reductions associated with renewable energy certificates recognized under RSA 362-F and purchase…

Any rules adopted by the department relative to auctions, pursuant to RSA 125-O:8, I(d), shall provide that they: I. Shall be conducted based on the schedule and frequency adopted by the department in consultation with other entities participating in the RGGI program; II. Shall i…

At the time of each comprehensive review by the participating states, the department of energy and the department shall concurrently review New Hampshire specific elements of the RGGI program, and include the results of such review and any recommendations for revisions to the New…

If the owner of an affected CO2 source is a public utility pursuant to RSA 362:2 that provides electric distribution service pursuant to RSA 374-F, the owner may recover through the utility's default service charge all prudently incurred costs of complying with the requirements o…

I. For the purposes of cost containment, the department shall make available for sale at one or more auctions up to the following amounts of allowances that shall be in addition to the budget allowance total for the given year under RSA 125-O:21, II, if: (a) The CO2 allowance auc…

I. The department shall implement an integrated, multi-pollutant strategy to reduce air emissions from affected sources. II. The integrated, multi-pollutant strategy shall be implemented in a market-based fashion that allows trading and banking of emission reductions to comply wi…

I. The owner or operator of each affected source shall file a compliance plan with the department describing the technologies, operational modifications, market-based approaches, or other methods that will be used to comply with the emission caps established under RSA 125-O:3, II…

I. In order to encourage energy efficiency, energy conservation, renewable energy, and the reductions in local emissions which result, the integrated multi-pollutant strategy shall promote energy efficiency and conservation through conservation and load management programs. II. P…

The commissioner may: [Paragraph I effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized terminat…

I. Any violation of any provision of this chapter, or of any rule adopted under this chapter, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be sub…

[RSA 125-O:8 effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participa…

The owner or operator of each affected source shall comply with the provisions of this chapter, excluding the subdivision on mercury emissions, RSA 125-O:11 through 125-O:18, by December 31, 2006.