Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0061 Compare Versions

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

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5	5	2023 -- S 0061
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7	7	LC000931
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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 -- ENERGY FACILITY SITING
16	16	ACT
17	17	Introduced By: Senators Ujifusa, Zurier, Murray, Mack, Lawson, Sosnowski, Valverde,
18	18	Lauria, Bell, and Acosta
19	19	Date Introduced: February 01, 2023
20	20	Referred To: Senate Environment & Agriculture
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 42-98-8 and 42-98-11 of the General Laws in Chapter 42-98 entitled 1
25	25	"Energy Facility Siting Act" are hereby amended to read as follows: 2
26	26	42-98-8. Applications — Contents — Acceptance for filing. 3
27	27	(a) The rules and regulations promulgated by the board pursuant to § 42-98-7(c) shall 4
28	28	prescribe the form and contents of applications under this chapter. The applications shall contain 5
29	29	at least the following, where applicable: 6
30	30	(1) Identification of the proposed owner(s) of the facility, including identification of all 7
31	31	affiliates of the proposed owners, as the term is defined in § 39-3-27. 8
32	32	(2) Detailed description of the proposed facility, including its function and operating 9
33	33	characteristics, and complete plans as to all structures, including underground construction and 10
34	34	transmission facilities, underground or aerial, associated with the proposed facility. 11
35	35	The complete plans shall be the basis for determining jurisdiction under the energy facility 12
36	36	siting act and shall be the plans submitted to all agencies whose permit is required under the law. 13
37	37	(3) A detailed description and analysis of the impact of the proposed facility on its physical 14
38	38	and social environment together with a detailed description of all environmental characteristics of 15
39	39	the proposed site, and a summary of all studies prepared and relied upon in connection therewith. 16
40	40	Where applicable these descriptions and analysis shall include a review of current 17
41	41	independent, scientific research pertaining to electric and magnetic fields (EMF). The review shall 18
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45	45	provide data assessing potential health risks associated with EMF exposure. For the purposes of 1
46	46	this chapter “prudent avoidance” shall refer to measures to be implemented in order to protect the 2
47	47	public from EMF exposure. 3
48	48	(4) All studies and forecasts, complete with the information, data, methodology, and 4
49	49	assumptions on which they are based, on which the applicant intends to rely in showing the need 5
50	50	for the proposed facility under the statewide master construction plan submitted annually. 6
51	51	(5) Complete detail as to the estimated construction cost of the proposed facility, the 7
52	52	projected maintenance and operation costs, estimated costs to the community such as safety and 8
53	53	public health issues, storm damage and power outages, estimated costs to businesses and 9
54	54	homeowners due to power outages, the estimated unit cost of energy to be produced by the proposed 10
55	55	facility, and expected methods of financing the facility. 11
56	56	(6) A complete life-cycle management plan for the proposed facility, including measures 12
57	57	for protecting the public health and safety and the environment during the facility’s operations, 13
58	58	including plans for the handling and disposal of wastes from the facility, and plans for the 14
59	59	decommissioning of the facility at the end of its useful life. 15
60	60	(7) A study of alternatives to the proposed facility, including alternatives as to energy 16
61	61	sources, methods of energy production, and sites for the facility, together with reasons for the 17
62	62	applicant’s rejection of these alternatives. The study shall include estimates of facility cost and unit 18
63	63	energy costs of alternatives considered. 19
64	64	(8) A detailed and specific statement as to the effects the proposed facility would have on 20
65	65	the ability of the state to meet the carbon-emissions-reduction goals set forth in § 42-6.2-2(a)(2). 21
66	66	(b) Within thirty (30) days of the filing of an applicant under this chapter, the board shall 22
67	67	notify the applicant whether the application is in the form and addresses the matters that are required 23
68	68	by this section and the rules and regulations as are promulgated pursuant to § 42-98-7. An 24
69	69	application meeting these requirements shall then be docketed. Any application deemed to be 25
70	70	deficient shall be returned to the applicant, together with a concise and explicit statement of the 26
71	71	application’s deficiencies. Within fifteen (15) days of the resubmission of an application following 27
72	72	a rejection for deficiency, the board shall docket the application together with specification of 28
73	73	continuing deficiencies noted by the board, if any. 29
74	74	42-98-11. Final hearing — Standards — Decisions. 30
75	75	(a) Within forty-five (45) days after the final date for submission of advisory opinions 31
76	76	pursuant to § 42-98-10, the board shall convene the final hearing on the application. The purpose 32
77	77	of this hearing shall not be to rehear the evidence which was presented previously in hearings before 33
78	78	agencies designated under § 42-98-9, but rather to provide the applicant, intervenors, the public, 34
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82	82	and all other parties in the proceeding, the opportunity to address in a single forum, and from a 1
83	83	consolidated, statewide prospective, the issues reviewed, and the recommendations made in the 2
84	84	proceedings before the agencies designated under § 42-98-9. The board at this hearing may, at its 3
85	85	discretion, allow the presentation of new evidence by any party as to the issues considered by the 4
86	86	agencies designated under § 42-98-9. The board may limit the presentation of repetitive or 5
87	87	cumulative evidence. The hearing shall proceed on not less than thirty (30) days’ notice to the 6
88	88	parties and the public, shall be concluded not more than sixty (60) days following its initiation, and 7
89	89	shall be conducted expeditiously. 8
90	90	(b) The board shall issue a decision granting a license only upon finding that the applicant 9
91	91	has shown that: 10
92	92	(1) Construction of the proposed facility is necessary to meet the needs of the state and/or 11
93	93	region for energy of the type to be produced by the proposed facility. 12
94	94	(2) The proposed facility is cost-justified, and can be expected to produce energy at the 13
95	95	lowest reasonable cost to the consumer consistent with the objective of ensuring that the 14
96	96	construction and operation of the proposed facility will be accomplished in compliance with all of 15
97	97	the requirements of the laws, rules, regulations, and ordinances, under which, absent this chapter, 16
98	98	a permit, license, variance, or assent would be required, or that consideration of the public health, 17
99	99	safety, welfare, security and need for the proposed facility justifies a waiver of some part of the 18
100	100	requirements when compliance cannot be assured. 19
101	101	(3) The proposed facility will not cause unacceptable harm to the environment and will 20
102	102	enhance the socio-economic fabric of the state. 21
103	103	(c) The board shall not issue a decision granting a license to any applicant unless the board 22
104	104	makes an affirmative determination that construction of the proposed facility will not adversely 23
105	105	impact the ability of the state to achieve the carbon-emissions-reduction goals set forth in § 42-6.2-24
106	106	2(a)(2). 25
107	107	(c)(d) Within sixty (60) days of the conclusion of the final hearing the board shall issue its 26
108	108	final decision on the application. A decision in favor of the application shall constitute a granting 27
109	109	of all permits, licenses, variances, or assents, which under any law, rule, regulation, or ordinance 28
110	110	of the state or of a political subdivision thereof which would, absent this chapter, be required for 29
111	111	the proposed facility. The decision may be issued requiring any modification or alteration of the 30
112	112	proposed facility, and may be issued on any condition the board deems warranted by the record, 31
113	113	and may be issued conditional upon the applicant’s receipt of permits required by federal law. The 32
114	114	board’s decision shall explicitly address each of the advisory opinions received from agencies, and 33
115	115	the board’s reasons for accepting, rejecting, or modifying, in whole or in part, any of those advisory 34
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119	119	opinions. The board shall, within ten (10) days of granting a license, with or without conditions, 1
120	120	deliver the decision to the speaker of the Rhode Island house of representatives, and the president 2
121	121	of the Rhode Island senate. 3
122	122	SECTION 2. This act shall take effect upon passage and shall apply to applications made 4
123	123	to the energy facility siting board on or after the effective date of this act. 5
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130	130	EXPLANATION
131	131	BY THE LEGISLATIVE COUNCIL
132	132	OF
133	133	A N A C T
134	134	RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING
135	135	ACT
136	136	***
137	137	This act would require an applicant for a proposed energy facility to provide a statement 1
138	138	on how the proposed facility would affect the state's ability to meet carbon-emissions-reduction 2
139	139	goals. This act would further require that no license is to be issued unless the proposed facility will 3
140	140	not adversely impact on the state's ability to achieve the carbon-emissions-reduction goals. 4
141	141	This act would take effect upon passage and would apply to applications made to the energy 5
142	142	facility siting board on or after the effective date of this act. 6
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