Outgoing BEA Commissioner Taylor Caswell recently responded to questions posed by the state Executive Council regarding the purchase of 80 Northwest Blvd. by Nongfu Spring. Courtesy photo/Department of Business and Economic Affairs

NASHUA – Before leaving office on Oct. 17, Taylor Caswell, commissioner of the state Department of Business and Economic Affairs, responded to a litany of questions from three members of the Executive Council regarding the BEA’s involvement in the Nongfu Spring real estate transaction.

A battery of 16 questions from Executive Councilors David Wheeler, Joseph Kenney and John Stephen was prompted after the Department of Justice investigated the $67 million deal.

In his responses, Caswell, who led the BEA since its inception in 2017, said the agency did not “actively recruit” Nongfu to do business in New Hampshire. He said that in May 2024, the BEA began providing Nongfu with information on how to convert the 23-acre building at 80 Northwest Blvd. into a water bottling facility.

Caswell assured the councilors that the BEA made no monetary effort to bring Nongfu to the Granite State.

“As a rule, BEA does not offer fiscal incentives to potential outside investors,” he said.

The property at 80 Northwest Blvd., which Nongfu Spring purchased in February for $67 million. File photo

Caswell said that in December 2024, BEA Business Development Manager Michael Bergeron informed his supervisors of Nongfu’s interest in the Nashua property. The following month, Bergeron disclosed that Nongfu was a Chinese beverage company. According to a new law that took effect on July 1, it is a felony for a company from a “foreign country of concern” to purchase property in New Hampshire. However, the legislation is not retroactive and did not impact the Nongfu transaction.

Caswell also said Bergeron thought about notifying the Department of Environmental Services about the transaction. However, contact with the DES was not made as Nongfu never directed Bergeron to take that step.

“As far as this office is aware, BEA was the only state agency to engage directly with Nongfu Spring regarding the transaction,” said Caswell, adding that the deal was not discussed with federal agencies such as the Committee on Foreign Investment in the United States.

Caswell said Nongfu hired Seattle law firm Dorsey & Whitney, LLP to manage the CFIUS review.

Although the bottling facility would generate up to 300 jobs, Caswell said there were no written agreements to guarantee employee retention.

He also said that thus far, Nongfu has not received the required licenses and permits to open a bottling facility.

“The company has not sought to produce or handle sensitive technologies or products with potential defense applications,” said Caswell. “The public concerns raised about the company have generally centered on its access to and use of water.”

In addition, Caswell said the BEA did not conduct a formal evaluation to measure the impact that Nongfu would have on local businesses.

He also said there has been no opportunity for public input.

“Public input and community engagement may take place if the company seeks to make substantial changes to the site,” said Caswell. “Public input would also be sought if the company sought to use the property in a manner for which it is not zoned.”

Although Gov. Kelly Ayotte supported Caswell for another term, Wheeler, Kenney and Stephen opposed his nomination, prompting him to resign. It is unclear if the Nongfu transaction was a factor in Caswell’s resignation.