Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1120 Compare Versions

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

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5	5	2023 -- S 1120
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7	7	LC003224
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	C O N C U R R E N T R E S O L U T I O N
15	15	RELATING TO APPROVAL FOR A SUBME RGED LAND LEASE IN CONNECTION WITH
16	16	THE REVOLUTION WIND PROJECT
17	17	Introduced By: Senator Alana DiMario
18	18	Date Introduced: June 13, 2023
19	19	Referred To: Senate Judiciary
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22	22	WHEREAS, Revolution Wind, the "Project", is a planned 704 to 880 megawatt offshore 1
23	23	wind farm to be constructed and operated by Revolution Wind, LLC, and located approximately 2
24	24	15 miles south of the Rhode Island coast with a plan for up to 79 offshore wind turbine generators 3
25	25	that will provide Rhode Island with approximately 400 megawatts of power (the "Project"); and 4
26	26	WHEREAS, In connection with the Project, Revolution Wind, LLC proposes two 5
27	27	submarine export transmission cables associated with the Project to be contained in one 6
28	28	continuous corridor where such cables enter Rhode Island state waters, through the Narragansett 7
29	29	Bay West Passage, to a landfall location at Quonset in North Kingstown, Rhode Island (the 8
30	30	"Cables"); and 9
31	31	WHEREAS, The total length of the corridor containing the Cables will be twenty-three 10
32	32	(23) miles, and within this corridor each cable will run parallel with a targeted spacing of six 11
33	33	hundred fifty-six (656) feet between the Cables. This corridor will be, in total, one thousand three 12
34	34	hundred twelve (1,312) feet wide and will result in a total lease area of three thousand six 13
35	35	hundred fifty-eight (3,658) acres in Rhode Island state waters; and 14
36	36	WHEREAS, Article I, Section 17 of the Rhode Island Constitution states, "…it shall be 15
37	37	the duty of the general assembly to provide for the conservation of the air, land, water, plant, 16
38	38	animal, mineral and other natural resources of the state, and to adopt all means necessary and 17
39	39	proper by law to protect the natural environment of the people of the state by providing adequate 18
40	40	resource planning for the control and regulation of the use of natural resources of the state and for 19
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44	44	the preservation, regeneration and restoration of the natural environment of the state"; and 1
45	45	WHEREAS, Pursuant to the public trust doctrine long recognized in federal and Rhode 2
46	46	Island State law, title in fee simple to land, or any portion thereof, within state boundaries, 3
47	47	including all submerged lands of the State, cannot be acquired by, or transferred to, any private 4
48	48	individual or entity unless conveyed by explicit grant from the General Assembly for public trust 5
49	49	purposes; and 6
50	50	WHEREAS, The General Assembly, by its enactments, establishes the policies for the 7
51	51	preservation and use of natural resources of the State which are held in public trust by the State, 8
52	52	and has the responsibility and sole authority to balance the interests of competing proposed uses 9
53	53	for land, or any portion thereof, within State boundaries, including submerged lands, and that 10
54	54	determination shall be deemed to be, and accepted as, the authoritative definition of the public 11
55	55	interest in relation to the preservation and use of such lands; and 12
56	56	WHEREAS, The Coastal Resources Management Council (CRMC) has the responsibility 13
57	57	of managing the preservation of the State's coastal resources including submerged lands pursuant 14
58	58	to Rhode Island General Law § 46-23-1 and § 46-23-6; and 15
59	59	WHEREAS, Pursuant to Rhode Island General Law § 46-23-1, due to the size and scope 16
60	60	of the Project, any lease of submerged lands, or any license to use such lands, is subject to 17
61	61	approval, disapproval, or conditional approval from the General Assembly; and 18
62	62	WHEREAS, The Rhode Island Constitution Article VI, Section 1 states, "The general 19
63	63	assembly shall pass all laws necessary to carry the Constitution into effect"; and 20
64	64	WHEREAS, The Rhode Island Constitution Article VI, Section 2 states, "The 21
65	65	concurrence of the two houses shall be necessary to the enactment of laws."; now, therefore be it 22
66	66	RESOLVED, That this General Assembly of the State of Rhode Island hereby finds that 23
67	67	following extensive negotiations and proceedings between CRMC and Revolution Wind, LLC 24
68	68	conditions have been mutually agreed to resulting in the CRMC issuing a finding that the Project 25
69	69	is consistent with the policies of Rhode Island's approved management program, as evidenced by 26
70	70	that certain RI CRMC Federal Consistency Review of the Revolution Wind Project-Staff 27
71	71	Decision Recommendation for Concurrence, dated April 25, 2023, CRMC File No. 2021-06-029; 28
72	72	and be it further 29
73	73	RESOLVED, That in accordance with RIGL 46-23-1(f)(2), the General Assembly hereby 30
74	74	authorizes the CRMC to enter into a submerged land lease in connection with the installation, 31
75	75	construction, reconstruction, repair, replacement, maintenance, operation, uses, inspection, patrol, 32
76	76	decommissioning and removal of the Cables, in accordance with applicable law and relevant 33
77	77	CRMC regulations, which lease shall be for an initial term of no more than twenty-five (25) 34
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81	81	years and provide for, among other terms, a total lease payment in the aggregate amount of not 1
82	82	less than two million and 00/100 Dollars ($2,000,000.00), and shall contain such other terms and 2
83	83	conditions mutually agreed upon by CRMC and Revolution Wind pursuant to applicable law and 3
84	84	relevant rules and regulations of CRMC. 4
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