RI
Rhode Island House Bill H6510

Rhode Island 2023 Regular Session

Rhode Island House Bill H6510 Compare Versions

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5-2023 -- H 6510 SUBSTITUTE A
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 C O N C U R R E N T R E S O L U T I O N
15-RELATING TO APPROVAL FOR A SUBMERGED LAND LEASE IN CONNECTION WITH
16-THE REVOLUTION WIND PROJECT
15+RELATING TO THE REVOLUTION WIND PROJECT
1716 Introduced By: Representative John G. Edwards
1817 Date Introduced: June 09, 2023
1918 Referred To: House Finance
2019
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22-WHEREAS, Revolution Wind, the "Project", is a planned 704 to 880 megawatt offshore 1
23-wind farm to be constructed and operated by Revolution Wind, LLC, and located approximately 2
24-15 miles south of the Rhode Island coast with a plan for up to 79 offshore wind turbine generators 3
25-that will provide Rhode Island with approximately 400 megawatts of power (the "Project"); and 4
26-WHEREAS, In connection with the Project, Revolution Wind, LLC proposes two 5
27-submarine export transmission cables associated with the Project to be contained in one 6
28-continuous corridor where such cables enter Rhode Island state waters, through the Narragansett 7
29-Bay West Passage, to a landfall location at Quonset in North Kingstown, Rhode Island (the 8
30-"Cables"); and 9
31-WHEREAS, The total length of the corridor containing the Cables will be twenty-three 10
32-(23) miles, and within this corridor each cable will run parallel with a targeted spacing of six 11
33-hundred fifty-six (656) feet between the Cables. This corridor will be, in total, one thousand three 12
34-hundred twelve (1,312) feet wide and will result in a total lease area of three thousand six 13
35-hundred fifty-eight (3,658) acres in Rhode Island state waters; and 14
36-WHEREAS, Article I, Section 17 of the Rhode Island Constitution states, "…it shall be 15
37-the duty of the general assembly to provide for the conservation of the air, land, water, plant, 16
38-animal, mineral and other natural resources of the state, and to adopt all means necessary and 17
39-proper by law to protect the natural environment of the people of the state by providing adequate 18
40-resource planning for the control and regulation of the use of natural resources of the state and for 19
21+WHEREAS, Revolution Wind, the “Project”, is a planned 880 megawatt offshore wind 1
22+farm to be constructed and operated by Revolution Wind, LLC, encompassing over 3,600 acres, 2
23+and located approximately 15 miles south of the Rhode Island coast with a plan for up to 79 3
24+offshore wind turbine generators that will provide Rhode Island with 400 megawatts of power; 4
25+and 5
26+WHEREAS, The Coastal Resources Management Council (CRMC) has the responsibility 6
27+of managing the preservation of the State's coastal resources pursuant to Rhode Island General 7
28+Law § 46-23-6; and 8
29+WHEREAS, Pursuant to Rhode Island General Law § 46-23-1, due to the size and scope 9
30+of the Project, any use or license of the State’s submerged lands is subject to approval, 10
31+disapproval, or conditional approval from the General Assembly; and 11
32+WHEREAS, The Rhode Island Constitution Article VI, Section 1 states, “The general 12
33+assembly shall pass all laws necessary to carry the Constitution into effect” and the Rhode Island 13
34+Constitution Article VI, Section 2 states, “The concurrence of the two houses shall be necessary 14
35+to the enactment of laws”; now, therefore be it 15
36+RESOLVED, That this General Assembly of the State of Rhode Island hereby finds that 16
37+following negotiations between CRMC and Revolution Wind, LLC, CRMC issued a finding that 17
38+the Project is consistent with the State policy, as evidenced by that certain RI CRMC Federal 18
39+Consistency Review of the Revolution Wind Project-Staff Decision Recommendation for 19
40+Concurrence, dated April 25, 2023, CRMC File No. 2021-06-029; and be it further 20
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44-the preservation, regeneration and restoration of the natural environment of the state"; and 1
45-WHEREAS, Pursuant to the public trust doctrine long recognized in federal and Rhode 2
46-Island State law, title in fee simple to land, or any portion thereof, within state boundaries, 3
47-including all submerged lands of the State, cannot be acquired by, or transferred to, any private 4
48-individual or entity unless conveyed by explicit grant from the General Assembly for public trust 5
49-purposes; and 6
50-WHEREAS, The General Assembly, by its enactments, establishes the policies for the 7
51-preservation and use of natural resources of the State which are held in public trust by the State, 8
52-and has the responsibility and sole authority to balance the interests of competing proposed uses 9
53-for land, or any portion thereof, within State boundaries, including submerged lands, and that 10
54-determination shall be deemed to be, and accepted as, the authoritative definition of the public 11
55-interest in relation to the preservation and use of such lands; and 12
56-WHEREAS, The Coastal Resources Management Council (CRMC) has the responsibility 13
57-of managing the preservation of the State's coastal resources including submerged lands pursuant 14
58-to Rhode Island General Law § 46-23-1 and § 46-23-6; and 15
59-WHEREAS, Pursuant to Rhode Island General Law § 46-23-1, due to the size and scope 16
60-of the Project, any lease of submerged lands, or any license to use such lands, is subject to 17
61-approval, disapproval, or conditional approval from the General Assembly; and 18
62-WHEREAS, The Rhode Island Constitution Article VI, Section 1 states, "The general 19
63-assembly shall pass all laws necessary to carry the Constitution into effect"; and 20
64-WHEREAS, The Rhode Island Constitution Article VI, Section 2 states, "The 21
65-concurrence of the two houses shall be necessary to the enactment of laws."; now, therefore be it 22
66-RESOLVED, That this General Assembly of the State of Rhode Island hereby finds that 23
67-following extensive negotiations and proceedings between CRMC and Revolution Wind, LLC 24
68-conditions have been mutually agreed to resulting in the CRMC issuing a finding that the Project 25
69-is consistent with the policies of Rhode Island's approved management program, as evidenced by 26
70-that certain RI CRMC Federal Consistency Review of the Revolution Wind Project-Staff 27
71-Decision Recommendation for Concurrence, dated April 25, 2023, CRMC File No. 2021-06-029; 28
72-and be it further 29
73-RESOLVED, That in accordance with RIGL 46-23-1(f)(2), the General Assembly hereby 30
74-authorizes the CRMC to enter into a submerged land lease in connection with the installation, 31
75-construction, reconstruction, repair, replacement, maintenance, operation, uses, inspection, patrol, 32
76-decommissioning and removal of the Cables, in accordance with applicable law and relevant 33
77-CRMC regulations, which lease shall be for an initial term of no more than twenty-five (25) 34
78-
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81-years and provide for, among other terms, a total lease payment in the aggregate amount of not 1
82-less than two million and 00/100 Dollars ($2,000,000.00), and shall contain such other terms and 2
83-conditions mutually agreed upon by CRMC and Revolution Wind pursuant to applicable law and 3
84-relevant rules and regulations of CRMC. 4
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44+RESOLVED, That this General Assembly, in accordance with its powers and duties 1
45+under applicable law, shall conduct a review of the terms and conditions of a submerged land 2
46+lease to be executed in connection with the installation, construction, maintenance, operation, 3
47+decommissioning and removal of certain transmission cables relating to the Project, in 4
48+accordance with applicable law and relevant CRMC regulations. 5
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