Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0591 Compare Versions

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

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5	5	2023 -- S 0591
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7	7	LC001934
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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	____________
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14	14	A N A C T
15	15	RELATING TO TOWNS AN D CITIES -- STATEWIDE MUNICIPAL SOLAR PERM IT
16	16	Introduced By: Senators Rogers, E Morgan, Raptakis, and de la Cruz
17	17	Date Introduced: March 07, 2023
18	18	Referred To: Senate Housing & Municipal Government
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 45-68-3 of the General Laws in Chapter 45-68 entitled "Statewide 1
23	23	Municipal Solar Permit" is hereby amended to read as follows: 2
24	24	45-68-3. Renewable energy permit. 3
25	25	(a) The office, in consultation with the commission, shall promulgate and adopt rules and 4
26	26	regulations that will create a statewide solar photovoltaic permit application that municipalities will 5
27	27	be required to use beginning on January 1, 2018. The office’s rules and regulations shall be adopted 6
28	28	no later than November 1, 2017. 7
29	29	(b) The office, in consultation with the department of environmental management, shall 8
30	30	promulgate and adopt rules and regulations to require including as part of the solar permit 9
31	31	application an assessment whether the proposed solar photovoltaic system would be carbon-neutral 10
32	32	in accordance with the emission reduction goals set forth by § 42-6.2-9. The assessment shall detail 11
33	33	the amount of carbon sequestration and carbon storage loss that would occur if the permit is 12
34	34	approved. The office's rules and regulations shall be adopted no later than November 1, 2023. 13
35	35	(c) A solar permit shall only be approved if the proposed solar photovoltaic system is 14
36	36	verified to be carbon neutral based upon the assessment submitted under section (b) of this section. 15
37	37	The office, in consultation with the department of environmental management, shall promulgate 16
38	38	and adopt rules and regulations in accordance with the emission reduction goals set forth by § 42-17
39	39	6.2-9 to enforce this section. 18
40	40	(b)(d) The office shall establish an advisory group for the purpose of creating a statewide 19
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43	43	LC001934 - Page 2 of 4
44	44	solar energy permit application form. 1
45	45	(c)(e) The advisory group shall include the following members and may be expanded by 2
46	46	the office in its discretion, to include other personnel with experience and/or expertise in the area 3
47	47	of solar energy: 4
48	48	(1) A renewable energy developer with expertise in residential solar photovoltaic 5
49	49	installation; 6
50	50	(2) A renewable energy developer with expertise in commercial solar photovoltaic 7
51	51	installations; and 8
52	52	(3) Three (3) municipal officials with expertise in building and electric permitting 9
53	53	processes. 10
54	54	SECTION 2. Section 42-98-8 of the General Laws in Chapter 42-98 entitled "Energy 11
55	55	Facility Siting Act" is hereby amended to read as follows: 12
56	56	42-98-8. Applications — Contents — Acceptance for filing. 13
57	57	(a) The rules and regulations promulgated by the board pursuant to § 42-98-7(c) shall 14
58	58	prescribe the form and contents of applications under this chapter. The applications shall contain 15
59	59	at least the following, where applicable: 16
60	60	(1) Identification of the proposed owner(s) of the facility, including identification of all 17
61	61	affiliates of the proposed owners, as the term is defined in § 39-3-27. 18
62	62	(2) Detailed description of the proposed facility, including its function and operating 19
63	63	characteristics, and complete plans as to all structures, including underground construction and 20
64	64	transmission facilities, underground or aerial, associated with the proposed facility. 21
65	65	The complete plans shall be the basis for determining jurisdiction under the energy facility 22
66	66	siting act and shall be the plans submitted to all agencies whose permit is required under the law. 23
67	67	(3) A detailed description and analysis of the impact of the proposed facility on its physical 24
68	68	and social environment together with a detailed description of all environmental characteristics of 25
69	69	the proposed site, and a summary of all studies prepared and relied upon in connection therewith, 26
70	70	including if the proposed facility would be carbon neutral in accordance with the emission 27
71	71	reduction goals set forth by § 42-6.2-9. The description and analysis shall detail the amount of 28
72	72	carbon sequestration and carbon storage loss that would occur if the facility is permitted. 29
73	73	Where applicable these descriptions and analysis shall include a review of current 30
74	74	independent, scientific research pertaining to electric and magnetic fields (EMF). The review shall 31
75	75	provide data assessing potential health risks associated with EMF exposure. For the purposes of 32
76	76	this chapter “prudent avoidance” shall refer to measures to be implemented in order to protect the 33
77	77	public from EMF exposure. 34
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81	81	(4) All studies and forecasts, complete with the information, data, methodology, and 1
82	82	assumptions on which they are based, on which the applicant intends to rely in showing the need 2
83	83	for the proposed facility under the statewide master construction plan submitted annually. 3
84	84	(5) Complete detail as to the estimated construction cost of the proposed facility, the 4
85	85	projected maintenance and operation costs, estimated costs to the community such as safety and 5
86	86	public health issues, storm damage and power outages, estimated costs to businesses and 6
87	87	homeowners due to power outages, the estimated unit cost of energy to be produced by the proposed 7
88	88	facility, and expected methods of financing the facility. 8
89	89	(6) A complete life-cycle management plan for the proposed facility, including measures 9
90	90	for protecting the public health and safety and the environment during the facility’s operations, 10
91	91	including plans for the handling and disposal of wastes from the facility, and plans for the 11
92	92	decommissioning of the facility at the end of its useful life. 12
93	93	(7) A study of alternatives to the proposed facility, including alternatives as to energy 13
94	94	sources, methods of energy production, methods for preserving carbon sequestration and carbon 14
95	95	storage, and sites for the facility, together with reasons for the applicant’s rejection of these 15
96	96	alternatives. The study shall include estimates of facility cost and unit energy costs of alternatives 16
97	97	considered. 17
98	98	(b) Within thirty (30) days of the filing of an applicant under this chapter, the board shall 18
99	99	notify the applicant whether the application is in the form and addresses the matters that are required 19
100	100	by this section and the rules and regulations as are promulgated pursuant to § 42-98-7. An 20
101	101	application meeting these requirements shall then be docketed. Any application deemed to be 21
102	102	deficient shall be returned to the applicant, together with a concise and explicit statement of the 22
103	103	application’s deficiencies. Within fifteen (15) days of the resubmission of an application following 23
104	104	a rejection for deficiency, the board shall docket the application together with specification of 24
105	105	continuing deficiencies noted by the board, if any. 25
106	106	SECTION 3. This act shall take effect upon passage. 26
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113	113	EXPLANATION
114	114	BY THE LEGISLATIVE COUNCIL
115	115	OF
116	116	A N A C T
117	117	RELATING TO TOWNS AN D CITIES -- STATEWIDE MUNICIPAL SOLAR PERMIT
118	118	***
119	119	This act would allow the office, in consultation with the department of environme nta l 1
120	120	management, to promulgate and adopt rules and regulations, no later than November 1, 2023, 2
121	121	to require as part of the solar permit application an assessment as to whether the proposed solar 3
122	122	photovoltaic system would be carbon-neutral in accordance with the emission reduction goals set 4
123	123	forth by § 42-6.2-9. A solar permit would only be approved if the proposed solar photovolta ic 5
124	124	system is verified to be carbon neutral based upon the assessment. The act would also require 6
125	125	applications for energy facility siting to detail the amount of carbon sequestration and carbon 7
126	126	storage loss if the facility is permitted. 8
127	127	This act would take effect upon passage. 9
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