2012 -- S 2850

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LC02067

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY EFFICIENCY

     Introduced By: Senators Sosnowski, Walaska, Perry, Miller, and McCaffrey

     Date Introduced: March 29, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-140.1-2, 42-140.1-3, 42-140.1-4 and 42-140.1-5 of the General

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Laws in Chapter 42-140.1 entitled "The Rhode Island Energy Efficiency and Resource

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Management Council" are hereby amended to read as follows:

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     42-140.1-2. Legislative findings. -- It is hereby found and declared:

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      (a) Rhode Island has experienced an energy cost crisis during 2005, and 2006 and 2008

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and faces the prospect of fluctuating and increasing energy prices in the future.

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      (b) Energy conservation and energy efficiency have enormous, untapped potential for

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controlling energy costs and mitigating the effects of energy crisis for Rhode Island residents and

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the Rhode Island economy.

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      (c) Rhode Island has lacked an integrated, comprehensive, public, stakeholder-driven

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organizational structure to secure for Rhode Island and its people the full benefits of energy

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efficiency, energy conservation, and energy resources management.

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     (d) Energy efficiency programs can create employment opportunities in Rhode Island.

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     42-140.1-3. Establishment of council -- Purposes. -- (a) There is hereby authorized,

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created and established a council to be known as "The Rhode Island Energy Efficiency and

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Resources Management Council" with the powers and duties set forth in this chapter.

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      (b) The purposes of this council are to:

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      (1) Evaluate and make recommendations, including, but not limited to, plans and

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programs, with regard to the optimization of energy efficiency, energy conservation, energy

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resource development; and the development of a plan for least-cost procurement for Rhode

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Island; and

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      (2) Provide consistent, comprehensive, informed and publicly accountable stake-holder

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involvement in energy efficiency, energy conservation, and energy resource management; and

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      (3) Monitor and evaluate the effectiveness of programs to achieve energy efficiency,

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energy conservation, and diversification of energy resources; and

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      (4) Promote public understanding of energy issues and of ways in which energy

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efficiency, energy conservation, and energy resource diversification and management can be

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effectuated. ; and

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     (5) Promote training and education programs that build a workforce capable of

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implementing the programs.

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     42-140.1-4. Composition and appointment. -- (a) The council shall consist of eleven

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(11) fourteen (14) members appointed by the governor with the advice and consent of the senate;

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seven (7) nine (9) members shall be voting numbers, and the governor shall give due

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consideration to appointing persons with knowledge of: (1) energy regulation and law; (2) large

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commercial/industrial users, (3) small commercial/industrial users; (4) residential users; (5) low

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income users; (6) environmental issues pertaining to energy; (7) energy design and codes; and (8)

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energy efficiency education and job training; and (9) municipal energy users four (4) five (5)

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members shall be ex-officio, non-voting members, representing an electric distribution entity, a

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gas distribution entity, fuel oil or heating fuel industry, the director of labor and training or his/her

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designee from the department, and the commissioner of the office of energy resources. From the

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seven (7) nine (9) voting members, the governor shall appoint one person to be chairperson of the

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council and one person to be vice chairperson of the council; the commissioner of the office of

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energy resources shall be the executive secretary and executive director of the council.

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      (b) With the exception of the director of labor and training or his/her designee and the

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commissioner of the office of energy resources; of the initial appointments; three (3) members

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shall be appointed for a term of three (3) years, three (3) members shall be appointed for a term of

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four (4) years, and four (4) members shall be appointed for a term of five (5) years; thereafter

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members of the council shall be appointed for a term of five (5) years and may be reappointed.

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      (c) A simple majority of the total number of voting members shall constitute a quorum.

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      (d) A vacancy other than by expiration shall be filled in the manner of the original

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appointment but only for the unexpired portion of the term. The appointing authority shall have

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the power to remove its appointee for just cause.

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      (e) The members of the council shall not be compensated for their service but shall be

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reimbursed for their actual expenses necessarily incurred in the performance of their duties. The

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provisions of this subdivision shall not apply to the executive secretary/executive director.

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     42-140.1-5. Powers and duties. -- The council shall have the power to:

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      (a) Develop and recommend for implementation plans, programs and standards for

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energy conservation, energy efficiency, and diversification of energy resources.

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      (b) Monitor and evaluate plans and programs for energy conservation, energy efficiency

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and diversification of energy resources; in order to effectuate such evaluations the council may

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request audits, including performance audits, of any program for energy conservation, energy

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efficiency or diversification of energy resources, that is established pursuant to Rhode Island law

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or is administered by a state agency, a request for an audit of any program operative pursuant to

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an order or decision of the public utilities commission shall be made to the commission; the

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council may make findings and recommendations with regard to changes, modification or

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continuation of any programs which it has authority to monitor or evaluate.

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      (c) Submit to the joint committee on energy an annual report on/or before April 15 of

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each year, commencing in 2008, regarding the activities of the council,; its assessment of energy

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issues,; the status of system reliability,; energy efficiency and conservation procurement; the

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number of Rhode Island energy efficiency businesses and vendors participating in the programs,

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including work related to energy audits, insulations, and equipment installations for the

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residential, small business, and large commercial and industrial sectors; the funding allocation

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that went into each of the eligible energy efficiency programs; and its recommendations regarding

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any improvements which might be necessary or desirable.

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      (d) Participate in proceedings of the public utilities commission that pertain to the

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purposes of the council, including but not limited to proceedings regarding least-cost procurement

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as provided for in section 39-1-27.7.

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      (e) Advise electric distribution companies with regard to implementation of least cost

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procurement.

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     (f) Hold public meetings at least twice each year with the Rhode Island renewable energy

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coordinating board and/or the advisory council to coordinate efforts around the system reliability

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procurements plans, diversification of energy resources, and foster distributed generation of

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electricity.

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      (f)(g) Advise the commission commissioner of energy resources, and recommend

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policies, standards, strategies, plans, programs, and procedures with regard to functions of the

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office of energy resources including but not limited to plans, strategies, and programs to:

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      (1) implement cost-effective energy conservation and energy efficiency programs;

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      (2) promote the development of eligible renewable energy resources for Rhode Island;

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      (3) foster distributed generation of electricity and demand response;

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      (4) assist low-income households in meeting energy needs;

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      (5) coordinate the use of funds, resources, and programs from diverse resources to

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achieve the purposes of the office. ; and

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     (6) Promote energy efficiency and conservation employment training and placement in

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Rhode Island.

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      (g)(h) Consider such other matters as it may deem appropriate to the fulfillment of its

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purposes, and may advise the governor, the general assembly, other parties, and the public with

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regard to matters pertaining to its purposes and duties, which advice may include findings and

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recommendations.

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     SECTION 2. Sections 42-140.3-5, 42-140.3-6, 42-140.3-7 and 42-140.3-10 of the

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General Laws in Chapter 42-140.3 entitled "The Rhode Island Renewable Energy Coordinating

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Board" are hereby amended to read as follows:

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     42-140.3-5. Composition of the board. -- (a) The board shall have five (5) six (6)

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members: - (1) The director of the department of administration, who shall serve as chairperson

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of the board; (2) The commissioner of the office of energy resources; (3) The executive director

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of the economic development corporation; (4) The director of the department of environmental

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management; and (5) The director of the coastal resources management council; and the director

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of labor and training. Any member of the board may appoint a designee from his or her respective

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agency to represent him/her on the board.

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      (b) Three (3) members shall constitute a quorum. - A majority vote of the board shall be

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required for all recommendations, advice, and approvals of the board in accordance with this

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chapter.

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     42-140.3-6. Duties of the board. -- The board shall:

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      (1) Develop and maintain the strategic plan in accordance with section 42-140.3-8.

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      (2) Issue the strategic plan biannual report in accordance with subsection 42-140.3-8(e).

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      (3) Issue recommendations as necessary to state agencies and cities and towns.

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      (4) Issue recommendations for improvements to existing renewable energy procurement

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policies and programs that will create employment opportunities in Rhode Island.

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     (4)(5) Advise the governor and general assembly with regard to renewable energy

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development in Rhode Island.

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      (5)(6) Provide a forum for discussion of issues relating to renewable energy development

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in Rhode Island and receive testimony from the public and interest groups.

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      (6)(7) Make available to the public all information about activities of the board.

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     42-140.3-7. Powers of the board. -- To effectuate its duties, the board shall have the

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power to:

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      (1) Adopt and amend bylaws.

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      (2) Receive staff and administrative support from the department of administration.

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      (3) Hold public meetings at least quarterly and at the call of the chairperson or three (3)

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board members, in order to: (i) Develop and maintain the strategic renewable energy plan; (ii)

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Develop reports and issue recommendations; (iii) Receive testimony from the public and other

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interested parties.

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      (4) Hold public meetings at least twice each year with the Rhode Island energy

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efficiency and resources management council to coordinate efforts around the system reliability

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procurement plans, diversification of energy resources, and foster distributed generation of

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electricity.

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      (5) Engage any consultants or expert witnesses that it deems necessary to implement its

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statutory responsibilities; provided, however, that to the maximum extent possible, the board shall

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utilize staff from state agencies.

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     (6) Promote renewable energy employment training and placement in Rhode Island.

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      (6)(7) Establish and maintain a website with information on all activities of the board.

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      (7)(8) Comment on legislation pending before the general assembly.

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     42-140.3-10. Advisory council. -- (a) The Rhode Island renewable energy coordinating

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board advisory council is hereby established to advise the board on matters pertaining to the

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board's duties and powers.

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      (b) The advisory council shall have (15) sixteen (16) members. With the exception of the

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office of energy resources, each Each board member shall select three (3) advisory council

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members, provided that the advisory council includes members with experience in the following

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areas: (1) Renewable energy development; (2) Energy regulation and law; (3) Environmental

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issues pertaining to renewable energy; (4) Business association or chamber of commerce; (5)

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Green trades; (6) Residential energy consumers; (7) Low-income energy consumers; (8) Small

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business relating to renewable energy; and (9) Commercial/industrial energy consumers; and (10)

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Municipal energy users. If an advisory council member resigns from his or her position, the board

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member responsible for the selection of that advisory council member shall select his or her

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replacement in accordance with the experience requirements stipulated in this section.

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     (c) The advisory council shall hold at least six (6) public meetings a year.

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SECTION 3. This act shall take effect upon passage.

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LC02067

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY EFFICIENCY

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     This act would make changes in the membership and duties of the Rhode Island energy

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efficiency and resources management council and the Rhode Island renewable energy

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coordinating board.

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     This act would take effect upon passage.

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LC02067

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