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Section 38:1 – Definitions.

    38:1 Definitions. – In this chapter: I. "Commission" means the public utilities commission, unless the context otherwise indicates. II. "Utility" means any public utility engaged in the manufacture, generation, distribution, or sale of electricity, gas, or water in the state. III. "Municipality" means any city, town, unincorporated town, unorganized place, or village district within […]

Section 38:10 – Construction or Condemnation.

    38:10 Construction or Condemnation. – If the utility shall have replied to the inquiry provided for in RSA 38:7 in the negative or if it shall have failed to reply within the time prescribed in RSA 38:7, the municipality, in the event that it shall have passed the vote or votes required in RSA […]

Section 38:11 – Public Interest Determination by Commission.

    38:11 Public Interest Determination by Commission. – When making a determination as to whether the purchase or taking of utility plant or property is in the public interest under this chapter, the commission may set conditions and issue orders to satisfy the public interest. The commission need not make any public interest determinations when […]

Section 38:12 – Expansion of Existing Municipals.

    38:12 Expansion of Existing Municipals. – A municipality that has an existing municipal plant may expand such plant or may purchase or take, in the manner prescribed in RSA 38:6-11 and RSA 38:33, all or a portion of such plant owned by a utility which is necessary for expanded municipal utility service. Such action […]

Section 38:13 – Ratification.

    38:13 Ratification. – Within 90 days of the final determination of the price to be paid for the plant and property to be acquired under the provisions of RSA 38:8, 38:9 or 38:10 and any consequential damages under RSA 38:33, the municipality shall decide whether or not to acquire the plant and property at […]

Section 38:13-a – Aggregate Municipal Revenue Bonds.

    38:13-a Aggregate Municipal Revenue Bonds. – If the commission orders divestiture of generation facilities in the implementation of electric utility restructuring under RSA 374-F, any municipality which has voted to acquire a hydro-electric facility as provided in RSA 38 may jointly issue with any other municipality which has also voted to acquire a hydro-electric […]

Section 38:14 – Operation of Plant.

    38:14 Operation of Plant. – A municipality, which has so acquired the plant, property, or facilities of a public utility in any other municipality, may operate within such other municipality as a public utility with the same rights and franchises which the owners of such outlying plant, as purchased, would have had such purchase […]

Section 38:15 – Taking Property.

    38:15 Taking Property. – Any such municipality may enter upon and take by eminent domain any land or any interest in land or water right within its limits, or in the case of a village district within the limits of the town or towns within which it is situated, which may be necessary for […]

Section 38:16 – Damages.

    38:16 Damages. – If the municipality shall not agree with the owner of the property referenced in RSA 38:15 as to damages, either party may apply to the superior court in the county where the town or district is located, or if the municipality is a village district then to the board of selectmen […]

Section 38:17 – Supply Contracts.

    38:17 Supply Contracts. – Any such municipality may contract to supply electricity, gas, or water to individuals, corporations, other municipalities, or any person for any of the purposes named or contemplated in this chapter, and make such contracts, and establish such regulations and such reasonable rates for the use thereof, as may from time […]

Section 38:18 – Commissioners.

    38:18 Commissioners. – For the more convenient management of any such electric, gas, or water works system, any such municipality may vest the construction, management, control, and direction of the same in a board of commissioners to consist of 3 or more citizens of such municipality, the commissioners to have such powers and duties […]

Section 38:19 – Appointment.

    38:19 Appointment. – The commissioners may be appointed by the mayor and board of aldermen or city council, by the selectmen of the town, or by the commissioners of the district if the municipality fails to elect or votes to allow appointments. Source. 1997, 206:1, eff. July 1, 1997.

Section 38:2 – Establishment, Acquisition, and Expansion of Plants.

    38:2 Establishment, Acquisition, and Expansion of Plants. – Any municipality may: I. Establish, expand, take, purchase, lease, or otherwise acquire and maintain and operate in accordance with the provisions of this chapter, one or more suitable plants for the manufacture and distribution of electricity, gas, or water for municipal use, for the use of […]

Section 38:20 – Compensation and Organization.

    38:20 Compensation and Organization. – The compensation of the commissioners shall be fixed by the municipality. They shall be sworn to the faithful discharge of their duties. They shall annually organize by choosing one of their number as chairperson of their board. They shall appoint a clerk and a superintendent of the works and […]

Section 38:21 – Reports.

    38:21 Reports. – The commissioners shall annually, at the time other city, town, or district officers report, make a report to the municipality of the condition of the plant financially and otherwise, showing the funds of the department, the expenses and income of the department, and all other material facts. This report shall be […]

Section 38:22 – Liens and Collection of Charges.

    38:22 Liens and Collection of Charges. – I. Except as provided in paragraph III, all charges for services furnished to patrons by a municipally owned electric, gas, water, or wastewater utility shall create a lien upon the real estate where such services are furnished. II. Except as provided in paragraph III, a municipality may […]

Section 38:23 – Security Deposits from Tenants.

    38:23 Security Deposits from Tenants. – Notwithstanding any other provision of law, any public utility, including any municipal corporation, providing electricity or gas services other than for resale to a customer who is not the owner of the premises serviced by the utility and who has a separate electric or gas meter, for the […]

Section 38:24 – Effect on City Charters.

    38:24 Effect on City Charters. – Nothing contained in this chapter shall affect, alter or change the provisions of any city charter with respect to the management, control, and direction of electric, gas, or water works. Source. 1997, 206:1, eff. July 1, 1997.

Section 38:25 – Water Control.

    38:25 Water Control. – Any municipality which shall have received an order from the department of environmental services under the provisions of RSA 147, 485 or 485-A shall proceed forthwith, after a majority vote in favor of such action, by the governing body, to acquire whatever easements and lands as are necessary to comply […]