2015 -- H 5896

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LC001773

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     

     Introduced By: Representatives Ruggiero, Handy, Fogarty, Carnevale, and O'Brien

     Date Introduced: March 13, 2015

     Referred To: House Environment and Natural Resources

     (Administration)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-140.3 of the General Laws entitled "The Rhode Island

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Renewable Energy Coordinating Board" is hereby repealed in its entirety.

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CHAPTER 42-140.3

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The Rhode Island Renewable Energy Coordinating Board

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     42-140.3-1. Short title. -- This chapter shall be known and may be cited as "The Rhode

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Island Renewable Energy Coordinating Board Act."

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     42-140.3-2. Legislative findings. -- The general assembly finds that:

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      (1) Energy is essential to the economy of Rhode Island and to the health, safety and

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welfare of the people of the state;

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      (2) The development of renewable energy will reduce the environmental impact of

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Rhode Island's energy consumption while creating new businesses, employment opportunities,

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and economic growth;

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      (3) The state has a responsibility to effectively implement renewable energy policies and

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ensure the efficient use of state resources;

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      (4) Rhode Island has lacked a comprehensive, long-term strategic renewable energy plan

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and an organizational structure responsible for coordinating the implementation of the state's

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renewable energy policies.

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     42-140.3-3. Definitions. -- When used in this chapter, the following terms shall have the

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following meanings:

 

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      (1) "Board" means the Rhode Island renewable energy coordinating board established

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under § 42-140.3-4;

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      (2) "Renewable energy" means energy produced from eligible renewable energy

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resources as defined in § 39-26-5;

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      (3) "Renewable energy policies" means Rhode Island renewable energy statutes as

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defined in § 42-140.3-11;

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      (4) "State agencies" means state entities responsible for the implementation of Rhode

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Island's renewable energy policies, deemed to include, but not be limited to: (i) The office of

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energy resources; (ii) The economic development corporation; (iii) The department of

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administration's division of planning; (iv) The department of environmental management; (v) The

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coastal resources management council; (vi) The energy facility siting board; (vii) The public

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utilities commission; (viii) The division of public utilities; and (ix) The energy efficiency and

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resources management council.

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      (5) "Strategic plan" means the strategic renewable energy implementation plan

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established under § 42-140.3-8.

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     42-140.3-4. Establishment of the board. -- There is hereby authorized, created and

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established a board to be known as "The Rhode Island renewable energy coordinating board"

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with the powers and duties set forth in this chapter.

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

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(1) The director of the department of administration, who shall serve as chairperson of the board;

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

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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. Any member of

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the board may appoint a designee from his or her respective agency to represent him/her on the

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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 § 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) Advise the governor and general assembly with regard to renewable energy

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development in Rhode Island.

 

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

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

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      (6) 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.

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

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

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     42-140.3-8. Strategic renewable energy implementation plan. -- (a) The board shall

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develop and recommend a strategic renewable energy implementation plan to promote the

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development of renewable energy resources in Rhode Island.

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      (b) The strategic plan shall: (1) Coordinate the short and long-term implementation of

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renewable energy policies by state agencies; (2) Assess and include recommendations to realize

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the potential of renewable energy development to create new businesses, employment

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opportunities, and industries in Rhode Island; and (3) Address any other issues deemed

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appropriate by the board to advance renewable energy development in Rhode Island.

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      (c) The board may incorporate into the strategic plan the reports and findings of state

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agencies including, but not limited to, the results of any special area management plans.

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      (d) On or before November 15, 2011, the board shall adopt the strategic plan. The board

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may amend the strategic plan as necessary.

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      (e) On March 15 and September 15 of each year, commencing in 2012, the board shall

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issue the strategic plan biannual report, which shall be made available to the public and

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transmitted to the governor; the senate president; the speaker of the house; and state agencies. The

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strategic plan biannual report shall:

 

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      (1) Assess compliance with the strategic plan by state agencies and cities and towns;

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      (2) Evaluate the effectiveness of state renewable energy policies;

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      (3) Analyze the structure and sources of public funding for renewable energy

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development;

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      (4) Evaluate the extent to which public funding for renewable energy development is

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allocated to energy efficient projects;

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      (5) As necessary, make recommendations to state agencies and cities and towns; and

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      (6) As necessary, make recommendations for legislative action relating to renewable

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energy development and financing.

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     42-140.3-9. Renewable energy facility siting guidelines. -- The board shall:

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      (1) As a component of the strategic plan, adopt and amend as necessary the renewable

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energy facility siting standards and guidelines promulgated by the division of planning under §

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42-11-10.

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      (2) Monitor the adoption of renewable energy siting ordinances by cities and towns.

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      (3) Communicate with towns and cities to encourage and facilitate the adoption of

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recommended renewable energy siting ordinances.

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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) members. - Each board member shall select

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three (3) advisory council members, provided that the advisory council includes members with

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experience in the following areas: (1) Renewable energy development; (2) Energy regulation and

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law; (3) Environmental issues pertaining to renewable energy; (4) Business association or

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chamber of commerce; (5) Green trades; (6) Residential energy consumers; (7) Low-income

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energy consumers; (8) Small business relating to renewable energy; and (9)

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Commercial/industrial energy consumers. If an advisory council member resigns from his or her

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position, the board member responsible for the selection of that advisory council member shall

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select his or her replacement in accordance with the experience requirements stipulated in this

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section.

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     42-140.3-11. Renewable energy policies. -- Rhode Island 's renewable energy policies

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shall be deemed to include, but not be limited to, the following statutes:

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      (1) 39-1 Public utilities commission;

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      (2) 39-1-3 Commission and division established--Functions of commission--

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Administrator; Commission and division established--Functions of commission--Administrator;

 

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      (3) 42-140 Rhode Island energy resources act;

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      (4) 42-140.1 The Rhode Island energy efficiency and resource management council;

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      (5) 42-64-13.2 Renewable energy investment coordination;

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      (6) 42-98 Energy facility siting act;

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      (7) 39-26 Renewable energy standard;

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      (8) 39-1-27.7 System reliability and least--cost procurement;

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      (9) 39-1-27.8 Supply procurement portfolio;

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      (10) 39-2-1.2 Utility base rate--Advertising, demand side management and renewables;

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      (11) 39-26-4 Renewable energy standard;

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      (12) 39-26-6 Duties of the commission;

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      (13) 39-26.1 Long-Term contracting standard for renewable energy;

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      (14) 39-26.1-3 Long-term contract standard;

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      (15) 39-26-7 Renewable energy development fund;

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      (16) 44-57 Residential renewable energy system tax credit;

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      (17) 44-18-30 Sales and use taxes--Liability and computation;

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      (18) 44-3-21 Renewable energy systems--Exemption;

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      (19) 23-82 Implementation of regional greenhouse gas initiative act;

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      (20) 42-11-10 Statewide planning program;

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      (21) 37-7-9 Concessions, leases, and licenses--Reports;

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      (22) 46-23 Coastal resources management council;

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      (23) 42-140.2 Distributed generation.

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     42-140.3-12. Applicability of other laws. -- The board shall be subject to the provisions

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of chapter 38-2, access to public records act, and chapter 42-46, open meetings act.

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     42-140.3-13. Severability. -- If any provision of this chapter or the application of this

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chapter to any person or circumstances is held invalid, the invalidity shall not affect other

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provisions or applications of the chapter, which can be given effect without the invalid provision

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or application, and to this end the provisions of this chapter are declared to be severable.

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     SECTION 2. This act shall take effect upon passage.

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LC001773

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

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     This act would repeal the Rhode Island Renewable Energy Coordinating Board Act.

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     This act would take effect upon passage.

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LC001773

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