HB 575-FN - AS INTRODUCED
2025 SESSION
25-0735
06/05
HOUSE BILL575-FN
AN ACTprohibiting offshore wind energy infrastructure.
SPONSORS:Rep. Potenza, Straf. 19; Rep. J. Aron, Sull. 4; Rep. Cambrils, Merr. 4; Rep. Harrington, Straf. 18; Rep. Khan, Rock. 30; Rep. McGrath, Rock. 40; Rep. Sabourin, Rock. 30; Rep. D. Thomas, Rock. 16; Sen. Sullivan, Dist 18
COMMITTEE:Science, Technology and Energy
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ANALYSIS
This bill prohibits offshore wind energy infrastructure or development in New Hampshire. The bill also repeals the office of offshore wind industry development and energy innovation, the offshore wind industry workforce training center committee, the workforce development and innovation fund, the offshore wind and port development commission, and the geographic location description within the coastal program.
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Explanation:Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0735
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTprohibiting offshore wind energy infrastructure.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose and Intent.
I. The general court intends to protect New Hampshire’s coastal environment, economy, and public health by preventing the development of offshore wind energy infrastructure in its territorial waters and ensuring that no other state may bring such infrastructure into New Hampshire, either via maritime or overland routes. This ban includes, but is not limited to, the transport, installation, and maintenance of offshore wind cables, turbines, or any equipment related to offshore wind energy development.
II. The purpose of the act is to safeguard New Hampshire’s natural resources, preserve the economic vitality of its coastal and maritime industries, and maintain control over the state’s infrastructure. The act reflects New Hampshire’s commitment to protecting its environmental and economic interests by preventing the importation and development of offshore wind energy projects within its borders.
2 New Section; Coastal Program; Prohibition on Offshore Wind Energy Infrastructure. Amend RSA 485-I by inserting after section 6 the following new section:
485-I:7 Prohibition on Offshore Wind Energy Infrastructure.
I. No person shall engage in the landing, transmission, or installation of offshore wind energy cables, equipment, or related infrastructure at any port or facility within the state of New Hampshire, whether by sea or by land. The prohibition includes, but is not limited to, the transport, installation, and maintenance of offshore wind cables, turbines, or any associated equipment.
II. No state agency, port authority, or private entity in New Hampshire may authorize or permit the use of any state-owned or state-regulated infrastructure for the landing, transport, or operation of offshore wind energy projects, regardless of their point of origin.
III. The following acts are prohibited:
(a) The landing of offshore wind cables or equipment in New Hampshire ports or on state land.
(b) The use of New Hampshire ports, facilities, or infrastructure for the transport, installation, or maintenance of offshore wind projects.
(c) The transport or delivery of offshore wind infrastructure to New Hampshire, either by sea or by land, by any other state or foreign entity.
IV. Any company or individual who attempts to develop offshore wind projects in violation of this section shall be subject to a civil forfeiture to the state of not more than $50,000 for each violation and each day of a continuing violation.
V. If a developer has already received state approval for a project, including permits for environmental review or construction, such permits shall be revoked or suspended, effectively halting the project.
VI. Any violation of this section, or any rule adopted or order issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application by the attorney general. The state or an interested party may seek an injunction through the courts to stop unlawful offshore wind development activities.
VII. Any person, private company, or corporation that violates any provisions of this section or any rule adopted or order issued under it shall be guilty of a misdemeanor for the first offense. Continued construction or operation resulting in a second offense will lead to felony charges.
VIII. If illegal offshore wind activities have caused environmental harm or disruption, the violator shall be held financially responsible and required to restore the affected area or take corrective action.
3 Peaceful Uses of Atomic Energy; Coordination of Studies and Development Activities; Reference Removed. Amend RSA 162-B:4, II to read as follows:
II. To assist the commissioner of the department of energy in his or her role as senior adviser to the governor with respect to the development and regulatory activities of the state government relating to the industrial and commercial uses of nuclear energy, the position of coordinator of nuclear development and regulatory activities is established in the department of energy[, office of offshore wind industry development and energy innovation].
4 Renewable Energy Fund; Reference Removed. Amend RSA 362-F:10, I to read as follows:
I. There is hereby established a renewable energy fund. This nonlapsing special fund shall be continually appropriated to the department of energy to be expended in accordance with this section; provided that at the start of the period in which there is no adopted state operating budget, the department of energy shall in a timely manner seek the approval of the fiscal committee of the general court to continue using moneys from the renewable energy fund to support renewable energy rebate and grant programs in order to ensure there are no interruptions to the programs. The state treasurer shall invest the moneys deposited therein as provided by law. Income received on investments made by the state treasurer shall also be credited to the fund. All payments to be made under this section shall be deposited in the fund. Any remaining moneys paid into the fund under paragraph II of this section, excluding class II moneys, shall be used by the department of energy to support thermal and electrical renewable energy initiatives [and offshore wind initiatives, including the office of offshore wind industry development and energy innovation]. Class II moneys shall primarily be used to support solar energy technologies in New Hampshire. All initiatives supported out of these funds shall be subject to audit by the department of energy as deemed necessary. All fund moneys including those from class II may be used to administer this chapter, but all new employee positions shall be approved by the fiscal committee of the general court. No new employees shall be hired by the department of energy due to the inclusion of useful thermal energy in class I production.
5 Purchased Power Agreements; Reference Removed. Amend RSA 362-H:2, VI to read as follows:
VI. The public utilities commission shall ensure the provisions of [RSA 485-I:5 and] RSA 485-I:6, to the extent those provisions are completed[, prior to approving power purchase agreements for offshore wind energy resources from the Gulf of Maine]. The applicant shall fund the studies required in [RSA 485-I:5 and] RSA 485-I:6 and such expenses shall be a recoverable expense.
6 Repeal. The following are repealed:
I. RSA 12-P:7-b, relative to the office of offshore wind industry development and energy innovation.
II. RSA 12-O:51-a, relative to the offshore wind industry workforce training center committee.
III. RSA 188-E:30 and RSA 6:12, I(b)(394), relative to the workforce development and innovation fund.
IV. RSA 374-F:10, relative to the offshore wind and port development commission.
V. RSA 485-I:5, relative to the geographic location description within the coastal program.
VI. RSA 485-I:6, II, relative to additional studies or mitigation related to offshore wind development in the Gulf of Maine.
7 Effective Date. This act shall take effect upon its passage.
LBA
25-0735
1/8/25
HB 575-FN- FISCAL NOTE
AS INTRODUCED
AN ACTprohibiting offshore wind energy infrastructure.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Energy. The Department was contacted on 1/8/25 for a fiscal note worksheet. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
Department of Energy