The Senate passed and combined two major energy bills Thursday that would send more money to energy efficiency efforts and give eminent domain protections to homeowners in the path of a gas pipeline project.
Energy issues have taken a spotlight in New Hampshire as electricity costs have soared during recent winters, and developers continue to eye the state for pipeline, wind and electric transmission projects.
Energy giant Kinder Morgan recently suspended its plan to build a natural gas pipeline through southern New Hampshire, but a bill geared at the project still passed Thursday.
The Senate signed off on an eminent domain proposal in a 23-1 vote. It would allow landowners to request a gas pipeline developer take their entire property, even if the company is just interested in a small piece. The measure would apply only to people whose homes comes within 250 feet of the project.
Natural gas pipelines that cross state lines need approval from the Federal Energy Regulatory Commission. If FERC signs off, the Natural Gas Act gives the project rights of eminent domain to take property. The possibility fired up opponents of the Kinder Morgan proposal, some of whom watched the vote from the Senate gallery.
“This is a reasonable compromise to protect property owners,” said Senate Majority Leader Jeb Bradley, a Wolfeboro Republican.
But some lawmakers argued the measure could give homeowners false hope, because federal law preempts state statute. They suggested the legislation could be successfully challenged in court.
“You never want to present a case where you present unreasonable hope,” said Sen. Lou D’Allesandro, a Manchester Democrat.
A version of the eminent domain bill has already cleared the Republican-led House. But the House tabled a Senate-backed proposal to invest more money in energy efficiency efforts.
In an effort to keep the energy efficiency legislation alive, the Senate tied the two bills together Thursday and sent the package back to the House.
The energy efficiency proposal has proven controversial. It redistributes state proceeds from a regional cap-and-trade program known as the Regional Greenhouse Gas Initiative by lifting the cap on how much money can go to energy efficiency efforts like home weatherization and insulation.
Currently, the bulk of the proceeds are rebated back to ratepayers and a small portion is dedicated to energy efficiency programs.
The proposal would increase the portion of RGGI proceeds directed to low-income, energy-efficiency measures, from 15 to at least 35 percent. And it would up the amount given to municipal and local energy efficiency projects from $2 million to $5 million. Commercial and industrial customers would continue to receive ratepayer rebates.
Sen. Andy Sanborn, a Bedford Republican, said it unfairly gives rebates to businesses and its addition to the bill could kill the whole thing, including eminent domain protections.
But supporters argued it would reduce energy use over the long-term and help lower rates for everyone. “All ratepayers will ultimately benefit,” said Sen. Martha Fuller-Clark, a Portsmouth Democrat.
Senators delayed action on a bill that would remove criminal penalties for possessing syringes with trace amounts of illegal drugs.
Senators were scheduled to vote on an amendment Thursday that would’ve turned the bill into a study committee, effectively killing any changes for the year. But debate has been pushed to next week, adding time to potentially draft fresh amendments.
The legislation aims to pave the way for needle exchange programs by also allowing hypodermic syringes to be sold or dispensed in places other than pharmacies.
Needle exchange programs are meant to stop drug users from sharing dirty needles and potentially spreading diseases such as hepatitis C and HIV.
More than 400 people died from drug overdoses in New Hampshire in 2015.
The Senate also passed a bill that regulates drone use in New Hampshire, and rejected another to allow the electronic lottery game keno to be played in the state.
(Material from the Associated Press was used in this report. Allie Morris can be reached at 369-3307, amorris@cmonitor.com or on Twitter @amorrisNH.)
