TITLE XII
PUBLIC SAFETY AND WELFARE

Chapter 162-B
PEACEFUL USES OF ATOMIC ENERGY

Section 162-B:1

    162-B:1 Declaration of Policy. –
I. The state of New Hampshire endorses the action of the Congress of the United States in enacting the Atomic Energy Act of 1954 to institute a program to encourage the widespread participation in the development and utilization of atomic energy for peaceful purposes to the maximum extent consistent with the common defense and security and with the health and safety of the public; and therefore declares the policy of the state to be, (1) To cooperate actively in the program thus instituted; and (2) To the extent that the regulation of special nuclear materials and by-product materials, of production facilities and utilization facilities, and of persons operating such facilities, may be within the jurisdiction of the state, to provide for the exercise of the state's regulatory authority so as to conform, as nearly as may be, to the Atomic Energy Act of 1954, as amended, and regulations issued thereunder, to the end that there may, in effect, be a single harmonious system of regulation within the state.
II. The state of New Hampshire recognizes that the development of industries producing or utilizing atomic energy may result in new conditions calling for changes in the laws of the state and in administrative rules thereunder with respect to health and safety, working conditions, workers' compensation, transportation, public utilities, life, health, accident, fire, and casualty insurance, the conservation of natural resources, including wildlife, and the protection of streams, rivers and airspace from pollution, and therefore declares the policy of the state to be, (1) To adapt its laws and rules to meet the new conditions in ways that will encourage the healthy development of industries producing or utilizing atomic energy while at the same time protecting the public interest; and (2) To initiate continuing studies and regularly publish public results concerning the need for changes in the relevant laws and rules of the state by the respective departments and agencies of state government responsible for their administration; and (3) To assure the coordination of the studies thus undertaken, particularly with other atomic industrial development activities of the state and with the development and regulatory activities of other states and of the government of the United States.

Source. 1955, 281:1, eff. Aug. 1, 1955. 2024, 341:1, eff. Aug. 2, 2024.

Section 162-B:2

    162-B:2 United States Licenses or Permits Required. – No person shall manufacture, construct, produce, transfer, acquire or possess any special nuclear material, by-product material, production facility, or utilization facility or act as an operator of a production or utilization facility wholly within this state unless the person shall have first obtained a license or permit for the activity proposed from the United States Nuclear Regulatory Commission, if, pursuant to the Atomic Energy Act of 1954, as amended, the commission requires a license or permit to be obtained by persons proposing to engage in activities of the same type over which it has jurisdiction.

Source. 1955, 281:2, eff. Aug. 1, 1955. 2024, 341:1, eff. Aug. 2, 2024.

Section 162-B:3

    162-B:3 Conduct of Studies; Publication. –
I. The coordinator of nuclear development and regulatory activities established under RSA 162-B:4 shall have the duty to pursue continuing studies as to the need, if any, for changes in the laws and regulations administered by the departments and agencies of the state that would arise from the presence within the state of special nuclear materials and by-product materials and from the operation herein of production or utilization facilities, and, on the basis of such studies, to make such recommendations for the enactment of laws or amendments to laws in effect and such proposals for amendments to the regulations adopted under RSA 541-A as may appear necessary and appropriate. In pursuing these continuing studies, the coordinator of nuclear development and regulatory activities shall consult with following state departments and agencies:
(a) The department of health and human services, particularly as to hazards, if any, to the public health and safety.
(b) The department of labor, particularly as to hazardous working conditions, if any, the time and character of proof of claims of injuries, and the extent of the compensation allowable therefor.
(c) The department of transportation, particularly as to the transportation of special nuclear materials and by-product materials on highways of the state.
(d) The public utilities commission and the department of energy, particularly as to the transportation of special nuclear materials and by-product materials by common carriers or public or private air carriers not in interstate commerce and as to the participation by public utilities subject to their jurisdiction in projects looking to the development of production or utilization facilities for industrial or commercial use.
(e) The department of insurance, particularly as to the insurance of persons and property from hazards to life and property resulting from atomic nuclear development.
(f) The council on resources and development, particularly as to the hazards, if any, to the natural resources of the state, including wildlife, and as to the protection, if necessary, of rivers, streams, and airspace from pollution.
(g) The department of business and economic affairs, particularly as to how matters relating to nuclear development may affect the overall economic well-being of the state.
(h) Such other departments and agencies including departments and agencies of political subdivisions of the state as the coordinator of nuclear development and regulatory activities, the commissioner of the department of energy, or the governor may deem appropriate.
II. The coordinator of nuclear development and regulatory activities shall also examine the ongoing costs versus benefits of existing and proposed new nuclear developments in the state including, but not limited to, the impact on meeting projected energy requirements; any required upgrades that may be required to the existing transmission and distribution infrastructure; how the development of additional nuclear production capacity may affect electricity reliability; and what impact additional capacity may have on seasonal fluctuations in electricity prices.
III. The department of energy shall publish a public report, prepared by the coordinator of nuclear development and regulatory activities, at least once every three years beginning with a report due not later than December 1, 2025.
IV. The department of energy shall study state and federal policies, technologies, supply chains, and potential siting locations related to advanced nuclear reactors.

Source. 1955, 281:3. 1983, 291:1, I. 1995, 310:181. 2004, 257:34, eff. June 15, 2004. 2021, 91:223, eff. July 1, 2021. 2024, 341:2, 3, eff. Aug. 2, 2024.

Section 162-B:4

    162-B:4 Coordination of Studies and Development Activities; Position Established. –
I. The commissioner of the department of energy or a designee from within the department shall be the 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; and as deputy of the governor in matters relating to nuclear energy, including participation in the activities of any committee formed by the New England states to represent their interest in such matters and also cooperation with other states and with the government of the United States.
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 energy innovation.
III. The coordinator of nuclear development and regulatory activities shall have the duty to coordinate and produce the reports required by RSA 162-B:3, as well as coordinate the studies conducted, and the recommendations and proposals made, in this state with like activities in New England and other states and with the policies and regulations of the United States Nuclear Regulatory Commission.
IV. All departments and agencies of the state government are directed to keep the coordinator of nuclear development and regulatory activities fully and currently informed as to their activities relating to nuclear energy. No administrative rule or amendment to a rule applying specifically to a nuclear energy matter shall be adopted under RSA 541-A until it has been submitted to the coordinator, unless the governor declares it an emergency need.
V. The coordinator of nuclear development and regulatory activities shall keep the commissioner of the department of energy, the governor and council, and the several interested departments and agencies informed at least biennially as to private and public activities affecting nuclear industrial development and shall enlist their cooperation in taking action to further such development as is consistent with the health, safety, and general welfare of this state.

Source. 1955, 281:4. 1973, 140:39, eff. Jan. 1, 1974. 2017, 156:14, II, eff. July 1, 2017. 2024, 341:4, eff. Aug. 2, 2024. 2025, 286:4, eff. Sept. 30, 2025.

Section 162-B:5

    162-B:5 Injunction Proceedings. – Whenever, in the opinion of the attorney general, any person is violating or is about to violate RSA 162-B:2, the attorney general may apply to the appropriate court for an order enjoining the person from engaging or continuing to engage in the activity violative of this chapter and upon a showing that such person has engaged or is about to engage in any such activity, a permanent or temporary injunction, restraining order, or other order may be granted.

Source. 1955, 281:5, eff. Aug. 1, 1955.

Section 162-B:6

    162-B:6 Definitions. –
As used in this chapter,
I. The term "atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation.
I-a. The term "advanced nuclear reactor" means the same as defined in 42 U.S.C. section 16271(b)(1).
II. The term "by-product material" means any radioactive materials (except special nuclear materials) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear materials.
III. The term "production facility" means (1) any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device.
IV. The term "special nuclear material" means (1) plutonium and uranium enriched in the isotope 233 or in the isotope 235, and any other material which the governor declares by order to be special nuclear material after the United States Atomic Energy Commission has determined the material to be such; or (2) any material artificially enriched by any of the foregoing.
V. The term "utilization facility" means (1) any equipment or device, except an atomic weapon, capable of making use of special nuclear materials in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device.

Source. 1955, 281:7, eff. Aug. 1, 1955. 2024, 341:5, eff. Aug. 2, 2024.