Rhode Island 2023 Regular Session

Rhode Island House Bill H6388 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6388
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7	7	LC002948
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- RENEWABLE READY
16	16	PROGRAM
17	17	Introduced By: Representatives Speakman, Cotter, Carson, Spears, McGaw, Boylan,
18	18	Potter, Cortvriend, Handy, and Donovan
19	19	Date Introduced: May 10, 2023
20	20	Referred To: House Finance
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
25	25	GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 140.5 3
27	27	RENEWABLE READY PROGRAM 4
28	28	42-140.5-1. Statement of purpose. 5
29	29	The purpose of this program is to promote the responsible siting and development of 6
30	30	renewable energy generating resources in locations where it would be an ancillary beneficial use 7
31	31	to the redevelopment of previously contaminated property. Greenhouse gas emissions pose threats 8
32	32	to the health and safety of Rhode Islanders through flooding, sea level rise, extreme heat, and 9
33	33	increased storm intensity. In order to reduce this threat, Rhode Island must promote the deployment 10
34	34	of renewable energy generating projects, while preserving the most valuable forests. 11
35	35	42-140.5-2. Definitions. 12
36	36	As used in this chapter, the following words and terms shall have the following meanings, 13
37	37	unless the context indicates another or different meaning or intent: 14
38	38	(1) "Commissioner" means the commissioner of the office of energy resources. 15
39	39	(2) "Corporation" means any corporate person, including, but not limited to: corporations, 16
40	40	societies, associations, limited liability companies, partnerships, and sole proprietorships. 17
41	41	(3) "Department" means the department of environmental management. 18
42	42
43	43
44	44	LC002948 - Page 2 of 6
45	45	(4) "Eligible entities" means any local governmental unit, corporation or person. 1
46	46	(5) "Financial assistance" means any form of financial assistance provided by the 2
47	47	infrastructure bank to a local governmental unit, person, or corporation in accordance with this 3
48	48	chapter for all or any part of the cost of an approved project, including, without limitation: grants, 4
49	49	temporary and permanent loans, with or without interest, guarantees, insurance, subsidies for the 5
50	50	payment of debt service on loans, lines of credit, and similar forms of financial assistance, principal 6
51	51	forgiveness and negative interest loans. 7
52	52	(6) "Fund" means the renewable ready fund described in § 42-140.5-4. 8
53	53	(7) "Infrastructure bank" means the Rhode Island infrastructure bank. 9
54	54	(8) "Interconnection costs" means charges from the electric distribution company to a 10
55	55	renewable energy customer or developer as described in § 39-26.3-4.1. 11
56	56	(9) "Interconnection study" means either a feasibility study or impact study as described in 12
57	57	§ 39-26.3-2. 13
58	58	(10) "Local governmental unit" means any town, city, district, commission, agency, 14
59	59	authority, board, bodies politic and corporate, public corporation, or other political subdivision or 15
60	60	instrumentality of the state or of any political subdivision thereof. 16
61	61	(11) "Office" means the office of energy resources. 17
62	62	(12) "Person" means any natural person. 18
63	63	42-140.5-3. Identification of eligible sites. 19
64	64	(a) The office, in coordination with the department, shall prepare a list of locations that 20
65	65	meet the following criteria: 21
66	66	(1) Is a current or former contaminated site as determined by the department; 22
67	67	(2) Is property or a facility owned and/or managed by the state; 23
68	68	(3) Is a rooftop of a commercial, industrial, or municipal building; 24
69	69	(4) Is state property adjacent to a highway or major road; or 25
70	70	(5) Is owned by the electric distribution company and subject to their environmental 26
71	71	response fund. 27
72	72	(b) The list shall exclude properties where the owner has begun the process of permitting 28
73	73	or developing a renewable energy generation project or any other development. 29
74	74	(c) The list shall include a reasonable estimate of the renewable energy production capacity 30
75	75	of the locations. 31
76	76	(d) The list shall identify the current owner of the property and provide their contact 32
77	77	information, if available. 33
78	78	(e) The list shall also include a reasonable estimate of any utility interconnection costs that 34
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82	82	would be required to connect the project to the existing electricity transmission and distribution 1
83	83	system; provided that: 2
84	84	(1) Any available impact study shall be conclusive evidence of estimated costs; 3
85	85	(2) Any variables that the office or department relied upon in the creation of the estimate 4
86	86	shall be included and described; 5
87	87	(3) The office may consult with the electric distribution company in the creation of its 6
88	88	estimates; and 7
89	89	(4) The cost of an interconnection study shall not be included in the estimation of 8
90	90	interconnection costs. 9
91	91	(f) The list shall prioritize locations based upon surrounding infrastructure that can support 10
92	92	the development of distributed generation resources. 11
93	93	42-140.5-4. Establishment of the renewable ready fund. 12
94	94	(a) There is hereby established a renewable ready fund at the infrastructure bank. 13
95	95	(b) The purpose of the fund is to provide financial assistance to eligible entities to reduce 14
96	96	the site preparation and interconnection costs for renewable energy development projects on current 15
97	97	or formerly contaminated sites to support and encourage the development of these locations. 16
98	98	(c) The infrastructure bank is hereby authorized and directed to seek all available federal 17
99	99	resources, in consultation with the office and any electric distribution company, to fulfill the 18
100	100	purpose of the fund. In pursuing federal funding sources, efforts shall include, but not be limited 19
101	101	to, funding programs and other financing mechanisms established through the federal Infrastructure 20
102	102	Investment and Jobs Act, the Inflation Reduction Act, and any applicable federal statute. 21
103	103	(d) The fund shall consist of: 22
104	104	(1) Money appropriated in the state budget to the fund or otherwise made available to the 23
105	105	infrastructure bank; 24
106	106	(2) Money made available to the fund through federal programs or private contributions; 25
107	107	(3) Repayments of principal and interest from loans made from the fund; 26
108	108	(4) Proceeds from the sale, disposition, lease, or rental of collateral related to financial 27
109	109	assistance provided under this chapter; 28
110	110	(5) Application or other fees paid to the infrastructure bank to process applications for 29
111	111	financial assistance; and 30
112	112	(6) Any other money made available to the fund. 31
113	113	42-140.5-5. Powers of the infrastructure bank. 32
114	114	(a) The infrastructure bank shall review and approve applications for financial assistance 33
115	115	from the fund, subject to the availability of funds, upon the submission of a complete application 34
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119	119	from eligible entities to receive funds for a purpose consistent with this chapter. 1
120	120	(b) The infrastructure bank shall create a standard application and annual application 2
121	121	deadlines to be used in the management of fund requests. 3
122	122	(c) The infrastructure bank, upon a determination that an application is incomplete, may 4
123	123	direct applicants to revise their application or deny the application after a reasonable opportunity 5
124	124	for the applicant to provide additional information. 6
125	125	(d) The infrastructure bank, in the event that there are insufficient funds to cover the costs 7
126	126	of all projects that meet the criteria to be approved, shall follow the prioritized list prepared by the 8
127	127	office in accordance with this chapter. 9
128	128	(e) Approval of an application shall only occur if funds are currently available in the fund, 10
129	129	or if the infrastructure bank reasonably expects that funds will be available in the six (6) months 11
130	130	following the approval of an application. 12
131	131	(f) The infrastructure bank shall set an application fee, due upon submission, to cover the 13
132	132	reasonable costs to the bank for the investigation and review of the application. 14
133	133	42-140.5-6. Use of funds. 15
134	134	(a) Funds shall be used to cover the costs of connecting a renewable energy generation 16
135	135	project to the electric distribution system on sites identified by the office and department and 17
136	136	published on the list of eligible sites, and shall include, but not be limited to, the following activities: 18
137	137	(1) Installation of transformers and substations; 19
138	138	(2) Transmission facilitation; 20
139	139	(3) Grid flexibility; and 21
140	140	(4) Electrification planning for sites and facilities. 22
141	141	(b) Funds shall not be used to conduct any interconnection study or other preliminary work 23
142	142	as may be required by the electric distribution company or the public utilities commission. 24
143	143	(c) Funds shall not be distributed to applicants, or an entity to whom the applicant must 25
144	144	pay to make the interconnection, until the following criteria are met: 26
145	145	(1) The project site is listed on the list of eligible sites prepared by the office; 27
146	146	(2) The application is approved by the infrastructure bank; 28
147	147	(3) An impact study, as described in § 39-26.3-2, is complete; 29
148	148	(4) Certification is provided demonstrating that funds are available in the fund; and 30
149	149	(5) The applicant’s project is approved by the public utilities commission, if such approval 31
150	150	is required. 32
151	151	(d) Should an application be approved but funds are not disbursed within twelve (12) 33
152	152	months from the application’s approval by the infrastructure bank, then the approval may be 34
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156	156	considered void and funds allocated to project shall be made available for other applications. 1
157	157	42-140.5-7. Property owned by the electric or gas distribution company. 2
158	158	(a) Properties included or listed on the electric or gas distribution company’s environmental 3
159	159	response fund are eligible to be included on the eligible site list described in § 42-140.5-3(a). 4
160	160	(b) The electric or gas distribution company is encouraged to lease these properties, 5
161	161	following successful remediation, to developers through a competitive bidding process. 6
162	162	(c) Any lease payments to the gas or electric distribution companies for use of their site 7
163	163	shall be deposited in the environmental response fund. 8
164	164	42-140.5-8. Adoption of rules and regulations. 9
165	165	The infrastructure bank shall have the authority to adopt, amend, and implement such rules 10
166	166	and regulations as may be necessary and desirable to effectuate the purposes of this chapter. 11
167	167	SECTION 2. This act shall take effect upon passage. 12
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174	174	EXPLANATION
175	175	BY THE LEGISLATIVE COUNCIL
176	176	OF
177	177	A N A C T
178	178	RELATING TO STATE AFFAIRS AND GOVERNMENT -- RENEWABLE READY
179	179	PROGRAM
180	180	***
181	181	This act would establish the renewable ready program which is designed to promote 1
182	182	responsible siting and development of renewable energy on certain enumerated sites such as 2
183	183	formerly contaminated sites. Projects would be funded through the infrastructure bank. 3
184	184	This act would take effect upon passage. 4
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186	186	LC002948
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