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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5573 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002095 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING |
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| 16 | 16 | | ACT |
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| 17 | 17 | | Introduced By: Representative Joseph J. Solomon |
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| 18 | 18 | | Date Introduced: February 26, 2025 |
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| 19 | 19 | | Referred To: House Corporations |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Sections 42-98-3 and 42-98-8 of the General Laws in Chapter 42-98 entitled 1 |
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| 24 | 24 | | "Energy Facility Siting Act" are hereby amended to read as follows: 2 |
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| 25 | 25 | | 42-98-3. Definitions. 3 |
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| 26 | 26 | | As used in this chapter: 4 |
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| 27 | 27 | | (a)(1) “Advanced conductor” means an electric conductor that has a direct current electrical 5 |
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| 28 | 28 | | resistance at least ten percent (10%) lower than existing conductors of a similar diameter on the 6 |
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| 29 | 29 | | system. 7 |
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| 30 | 30 | | (2) “Advanced power flow control” means hardware and/or software used to reroute 8 |
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| 31 | 31 | | electricity from overloaded transmission lines to underutilized transmission or distribution 9 |
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| 32 | 32 | | corridors by adjusting circuit impedance. 10 |
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| 33 | 33 | | (3) “Agency” means any agency, council, board, or commission of the state or political 11 |
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| 34 | 34 | | subdivision of the state. 12 |
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| 35 | 35 | | (b)(4) “Alteration” means a significant modification to a major energy facility, which, as 13 |
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| 36 | 36 | | determined by the board, will result in a significant impact on the environment, or the public health, 14 |
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| 37 | 37 | | safety, and welfare. Conversion from one type of fuel to another shall not be considered to be an 15 |
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| 38 | 38 | | “alteration.” 16 |
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| 39 | 39 | | (c)(5) “Board” for purposes of this chapter refers to the siting board. 17 |
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| 40 | 40 | | (d)(6) “Clean coal technology” means one of the technologies developed in the clean coal 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002095 - Page 2 of 7 |
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| 44 | 44 | | technology program of the United States Department of Energy, and shown to produce emissions 1 |
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| 45 | 45 | | levels substantially equal to those of natural gas fired power plants. 2 |
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| 46 | 46 | | (7) “Dynamic line rating” means hardware and/or software used to calculate the updated 3 |
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| 47 | 47 | | thermal limits of distribution or transmission lines using real-time and forecasted weather 4 |
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| 48 | 48 | | conditions. 5 |
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| 49 | 49 | | (8) “Energy storage as a distribution or transmission asset” means a resource capable of 6 |
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| 50 | 50 | | receiving energy from the transmission or distribution system and storing it for later injection of 7 |
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| 51 | 51 | | energy back into the transmission or distribution system. 8 |
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| 52 | 52 | | (9) "Grid-enhancing technology" means any hardware or software technology that enables 9 |
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| 53 | 53 | | enhanced or more efficient flow of electricity across the existing electric transmission and 10 |
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| 54 | 54 | | distribution system infrastructure and rights of way which includes, but is not limited to, dynamic 11 |
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| 55 | 55 | | line rating, advanced power flow control, reconductoring and rebuilding with advanced conductors, 12 |
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| 56 | 56 | | topology optimization and energy storage when used as a distribution or transmission asset. 13 |
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| 57 | 57 | | (e)(10) “Major energy facility” means facilities for the extraction, production, conversion, 14 |
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| 58 | 58 | | and processing of coal; facilities for the generation of electricity designed or capable of operating 15 |
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| 59 | 59 | | at a gross capacity of forty megawatts (40 MW) or more; transmission lines of sixty-nine (69) Kv 16 |
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| 60 | 60 | | or over; facilities for the conversion, gasification, treatment, transfer, or storage of liquefied natural 17 |
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| 61 | 61 | | and liquefied petroleum gases; facilities for the processing, enrichment, storage, or disposal of 18 |
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| 62 | 62 | | nuclear fuels or nuclear byproducts; facilities for the refining of oil, gas, or other petroleum 19 |
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| 63 | 63 | | products; facilities of ten megawatts (10 MW) or greater capacity for the generation of electricity 20 |
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| 64 | 64 | | by water power, and facilities associated with the transfer of oil, gas, and coal via pipeline; any 21 |
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| 65 | 65 | | energy facility project of the Rhode Island commerce corporation; the board may promulgate 22 |
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| 66 | 66 | | regulations to further define “major energy facility” to the extent further definition is required to 23 |
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| 67 | 67 | | carry out the purpose of this chapter, provided that any waste to energy facility shall not be deemed 24 |
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| 68 | 68 | | a major energy facility for the purposes of this chapter. 25 |
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| 69 | 69 | | (11) “Reconductoring” means the process of installing advanced conductors in place of the 26 |
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| 70 | 70 | | legacy conductors, including structure rehabilitation as needed. 27 |
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| 71 | 71 | | (12) “Topology optimization” means software that identifies reconfigurations of the 28 |
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| 72 | 72 | | transmission grid to reroute electricity from overloaded or congested lines to underutilized 29 |
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| 73 | 73 | | corridors. 30 |
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| 74 | 74 | | 42-98-8. Applications — Contents — Acceptance for filing. 31 |
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| 75 | 75 | | (a) The rules and regulations promulgated by the board pursuant to § 42-98-7(c) shall 32 |
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| 76 | 76 | | prescribe the form and contents of applications under this chapter. The applications shall contain 33 |
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| 77 | 77 | | at least the following, where applicable: 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002095 - Page 3 of 7 |
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| 81 | 81 | | (1) Identification of the proposed owner(s) of the facility, including identification of all 1 |
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| 82 | 82 | | affiliates of the proposed owners, as the term is defined in § 39-3-27. 2 |
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| 83 | 83 | | (2) Detailed description of the proposed facility, including its function and operating 3 |
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| 84 | 84 | | characteristics, and complete plans as to all structures, including underground construction and 4 |
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| 85 | 85 | | transmission facilities, underground or aerial, associated with the proposed facility. 5 |
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| 86 | 86 | | The complete plans shall be the basis for determining jurisdiction under the energy facility 6 |
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| 87 | 87 | | siting act and shall be the plans submitted to all agencies whose permit is required under the law. 7 |
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| 88 | 88 | | (3) A detailed description and analysis of the impact of the proposed facility on its physical 8 |
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| 89 | 89 | | and social environment together with a detailed description of all environmental characteristics of 9 |
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| 90 | 90 | | the proposed site, and a summary of all studies prepared and relied upon in connection therewith. 10 |
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| 91 | 91 | | In considering and issuing a decision, the board shall consider the net-zero mandate of chapter 6.2 11 |
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| 92 | 92 | | of title 42 ("2021 act on climate"), and how the project may advance or delay the greenhouse gas 12 |
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| 93 | 93 | | emissions reductions set forth therein. The board may also consider other reasonably foreseeable 13 |
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| 94 | 94 | | climate change impacts, including other pollutant emissions known to have negative health 14 |
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| 95 | 95 | | impacts, predicted sea level rise, coastal and inland flooding, and other disproportionate adverse 15 |
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| 96 | 96 | | effects on a specific geographical area. 16 |
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| 97 | 97 | | Where applicable these descriptions and analysis shall include a review of current 17 |
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| 98 | 98 | | independent, scientific research pertaining to electric and magnetic fields (EMF). The review shall 18 |
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| 99 | 99 | | provide data assessing potential health risks associated with EMF exposure. For the purposes of 19 |
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| 100 | 100 | | this chapter “prudent avoidance” shall refer to measures to be implemented in order to protect the 20 |
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| 101 | 101 | | public from EMF exposure. 21 |
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| 102 | 102 | | (4) All studies and forecasts, complete with the information, data, methodology, and 22 |
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| 103 | 103 | | assumptions on which they are based, on which the applicant intends to rely in showing the need 23 |
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| 104 | 104 | | for the proposed facility under the statewide master construction plan submitted annually. 24 |
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| 105 | 105 | | (5) Complete detail as to the estimated construction cost of the proposed facility, the 25 |
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| 106 | 106 | | projected maintenance and operation costs, estimated costs to the community such as safety and 26 |
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| 107 | 107 | | public health issues, storm damage and power outages, estimated costs to businesses and 27 |
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| 108 | 108 | | homeowners due to power outages, the estimated unit cost of energy to be produced by the proposed 28 |
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| 109 | 109 | | facility, and expected methods of financing the facility. 29 |
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| 110 | 110 | | (6) A complete life-cycle management plan for the proposed facility, including measures 30 |
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| 111 | 111 | | for protecting the public health and safety and the environment during the facility’s operations, 31 |
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| 112 | 112 | | including plans for the handling and disposal of wastes from the facility, and plans for the 32 |
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| 113 | 113 | | decommissioning of the facility at the end of its useful life. 33 |
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| 114 | 114 | | (7) A study of alternatives to the proposed facility, including alternatives as to energy 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002095 - Page 4 of 7 |
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| 118 | 118 | | sources, methods of energy production, and sites for the facility, together with reasons for the 1 |
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| 119 | 119 | | applicant’s rejection of these alternatives. The study shall include estimates of facility cost and unit 2 |
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| 120 | 120 | | energy costs of alternatives considered. In the case of electric transmission infrastructure facilities 3 |
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| 121 | 121 | | and natural gas pipelines, applicants shall give due consideration to advanced conductors, grid-4 |
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| 122 | 122 | | enhancing technologies, and non-wires or non-pipeline alternatives in order to avoid or minimize 5 |
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| 123 | 123 | | expenditures and/or maximize cost-effectiveness. 6 |
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| 124 | 124 | | (8) Applicants shall further indicate that for transmission line infrastructure, they have 7 |
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| 125 | 125 | | sufficiently considered routes that make use of existing rights of way in the state. The board may 8 |
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| 126 | 126 | | expedite the licensing process for transmission lines utilizing existing rights-of-way. If applicants 9 |
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| 127 | 127 | | do not intend to make use of existing rights-of-way, or did not consider them, they shall explain 10 |
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| 128 | 128 | | the reasoning of that decision. 11 |
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| 129 | 129 | | (9) Applicants shall further describe, where applicable, the degree to which a transmission 12 |
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| 130 | 130 | | project(s) fulfills an identified need at a regional level, including any studies, forecasts, and other 13 |
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| 131 | 131 | | evidence demonstrating consistency and alignment with relevant regional grid planning processes, 14 |
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| 132 | 132 | | and including any “right-sizing” analyses done to confirm that the project could or could not be 15 |
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| 133 | 133 | | modified to meet a regional need. To the extent a project does not fulfill a regional need, applicants 16 |
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| 134 | 134 | | shall describe and justify the continued need for the project absent a regional need. The rules and 17 |
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| 135 | 135 | | regulations promulgated by the board pursuant to § 42-98-7 may identify how the fulfillment of 18 |
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| 136 | 136 | | any such regional needs are to be weighed alongside Rhode Island-specific needs. 19 |
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| 137 | 137 | | (b) Within thirty (30) days of the filing of an applicant under this chapter, the board shall 20 |
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| 138 | 138 | | notify the applicant whether the application is in the form and addresses the matters that are required 21 |
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| 139 | 139 | | by this section and the rules and regulations as are promulgated pursuant to § 42-98-7. An 22 |
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| 140 | 140 | | application meeting these requirements shall then be docketed. Any application deemed to be 23 |
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| 141 | 141 | | deficient shall be returned to the applicant, together with a concise and explicit statement of the 24 |
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| 142 | 142 | | application’s deficiencies. Within fifteen (15) days of the resubmission of an application following 25 |
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| 143 | 143 | | a rejection for deficiency, the board shall docket the application together with specification of 26 |
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| 144 | 144 | | continuing deficiencies noted by the board, if any. 27 |
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| 145 | 145 | | SECTION 2. Chapter 39-1 of the General Laws entitled "Public Utilities Commission" is 28 |
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| 146 | 146 | | hereby amended by adding thereto the following section: 29 |
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| 147 | 147 | | 39-1-64. Distribution or transmission company performance incentive and 30 |
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| 148 | 148 | | investigation. 31 |
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| 149 | 149 | | (a) To the extent authorized by federal law, for base rate proceedings and other proceedings 32 |
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| 150 | 150 | | in which a distribution or transmission company proposes capital improvements or additions to the 33 |
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| 151 | 151 | | distribution or transmission system, the distribution or transmission company shall conduct a cost-34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002095 - Page 5 of 7 |
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| 155 | 155 | | effectiveness and timetable analysis of multiple strategies including, but not limited to, the 1 |
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| 156 | 156 | | deployment of advanced conductors, grid-enhancing technologies, or energy storage used as a 2 |
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| 157 | 157 | | distribution or transmission resource. 3 |
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| 158 | 158 | | (b) Where advanced conductors, grid-enhancing technologies, or energy storage used as a 4 |
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| 159 | 159 | | distribution or transmission resource, whether in combination with or instead of capital 5 |
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| 160 | 160 | | investments, offer a more cost-effective strategy for achieving distribution or transmission goals 6 |
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| 161 | 161 | | including, but not limited to, distributed energy resource interconnection, grid reliability and 7 |
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| 162 | 162 | | enhanced cyber and physical security, the commission, to the extent permitted under federal law, 8 |
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| 163 | 163 | | shall approve the deployment of advanced conductors, grid-enhancing technologies or energy 9 |
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| 164 | 164 | | storage used as a distribution or transmission resource. 10 |
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| 165 | 165 | | (c) As part of a base rate filing or other filing in which a distribution or transmission 11 |
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| 166 | 166 | | company proposes capital improvements or additions to the distribution or transmission system, 12 |
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| 167 | 167 | | the distribution or transmission company may propose a performance incentive mechanism that 13 |
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| 168 | 168 | | provides a financial mechanism for the cost-effective deployment of advanced reconductoring, 14 |
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| 169 | 169 | | grid-enhancing technologies or energy storage used as a distribution or transmission resource. 15 |
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| 170 | 170 | | (d) Additionally, distribution companies filing infrastructure, safety, and reliability plans 16 |
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| 171 | 171 | | starting in fiscal year 2027 and thereafter shall investigate grid enhancing technology 17 |
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| 172 | 172 | | implementation in their plans as part of the solutions needed to achieve Rhode Island’s greenhouse 18 |
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| 173 | 173 | | gas emissions reduction mandates as established in chapter 6.2 of title 41 ("2021 act on climate"), 19 |
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| 174 | 174 | | and in order to improve grid performance, reliability and security for the state. 20 |
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| 175 | 175 | | (e)(1) The public utilities commission, in coordination with the office of energy resources, 21 |
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| 176 | 176 | | shall conduct an independent investigation that examines the use of advanced conductors and grid-22 |
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| 177 | 177 | | enhancing technologies to enhance the performance of the state’s transmission system in 23 |
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| 178 | 178 | | applications that are subject to federal jurisdiction. Such advanced conductors and grid-enhancing 24 |
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| 179 | 179 | | technologies shall include, but shall not be limited to, reconductoring of transmission and 25 |
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| 180 | 180 | | distribution lines and the use of dynamic line ratings, advanced power flow control and topology 26 |
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| 181 | 181 | | optimization software. 27 |
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| 182 | 182 | | (2) In conducting its investigation, the commission shall: 28 |
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| 183 | 183 | | (i) Review industry trends for the implementation and use of advanced conductors and 29 |
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| 184 | 184 | | grid-enhancing technologies to determine which technologies are cost-effective and in the public 30 |
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| 185 | 185 | | interest and under what conditions those technologies could be utilized for transmission and 31 |
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| 186 | 186 | | distribution infrastructure within the state; and 32 |
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| 187 | 187 | | (ii) For any technologies determined to be cost effective and in the public interest, identify 33 |
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| 188 | 188 | | any jurisdictional and cost-sharing issues related to requiring a transmission and distribution utility 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002095 - Page 6 of 7 |
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| 192 | 192 | | to implement such technologies. 1 |
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| 193 | 193 | | (iii) Consider the costs of such technologies and consider their benefits including, but not 2 |
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| 194 | 194 | | limited to: 3 |
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| 195 | 195 | | (A) Access to lower cost and zero carbon electricity; 4 |
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| 196 | 196 | | (B) Acceleration of distributed energy resource interconnection; 5 |
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| 197 | 197 | | (C) Reduced generator curtailment or congestion; 6 |
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| 198 | 198 | | (D) Reduced environmental impacts; 7 |
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| 199 | 199 | | (E) Maximization of the value of planned investments; 8 |
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| 200 | 200 | | (F) Improved resilience; and 9 |
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| 201 | 201 | | (G) Improved outage coordination and mitigation. 10 |
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| 202 | 202 | | (3) The public utilities commission shall submit a report to the general assembly not later 11 |
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| 203 | 203 | | than September 1, 2026. 12 |
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| 204 | 204 | | (f) The public utilities commission may promulgate rules and regulations to implement the 13 |
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| 205 | 205 | | provisions of subsection (e) of this section. 14 |
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| 206 | 206 | | SECTION 3. Section 39-25-3 of the General Laws in Chapter 39-25 entitled "Electric 15 |
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| 207 | 207 | | Transmission Siting and Regulatory Act" is hereby amended to read as follows: 16 |
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| 208 | 208 | | 39-25-3. Regulations on construction of high-voltage lines. 17 |
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| 209 | 209 | | The energy facility siting board established under § 42-98-5 is hereby authorized and 18 |
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| 210 | 210 | | directed to establish rules and regulations governing construction within the state of high-voltage 19 |
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| 211 | 211 | | transmission lines of sixty-nine (69) kV or greater, including the replacement, rebuild or expansion 20 |
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| 212 | 212 | | of existing transmission line infrastructure. 21 |
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| 213 | 213 | | SECTION 4. This act shall take effect upon passage. 22 |
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| 215 | 215 | | LC002095 |
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| 217 | 217 | | |
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| 218 | 218 | | |
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| 219 | 219 | | LC002095 - Page 7 of 7 |
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| 220 | 220 | | EXPLANATION |
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| 221 | 221 | | BY THE LEGISLATIVE COUNCIL |
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| 222 | 222 | | OF |
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| 223 | 223 | | A N A C T |
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| 224 | 224 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING |
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| 225 | 225 | | ACT |
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| 226 | 226 | | *** |
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| 227 | 227 | | This act would require applications for energy facilities to take into consideration the net-1 |
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| 228 | 228 | | zero mandate contained in the 2021 act on climate and how the facility may advance or delay the 2 |
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| 229 | 229 | | greenhouse gas emissions reductions. 3 |
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| 230 | 230 | | This act would take effect upon passage. 4 |
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| 232 | 232 | | LC002095 |
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