2018 -- H 7827

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LC004718

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND GLOBAL

WARMING SOLUTIONS ACT

     

     Introduced By: Representatives Handy, Regunberg, McKiernan, Barros, and Williams

     Date Introduced: February 28, 2018

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

2

GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 6.3

4

RHODE ISLAND GLOBAL WARMING SOLUTIONS ACT

5

     42-6.3-1. Legislative findings.

6

     The general assembly hereby finds and declares that:

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     (1) Human caused climate change poses a serious threat to the people of Rhode Island,

8

the United States, and the world;

9

     (2) Climate change is both caused and exacerbated by carbon emissions that result from

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human activity;

11

     (3) It is in the interest of the people, in order to protect the public health, preserve the

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environment, and promote the general welfare, that the state reduce economy-wide carbon

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emissions in order to address the problem of climate change.

14

     42-6.3-2. Purpose and title.

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     (a) This act shall be known and may be cited as the "Rhode Island Global Warming

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Solutions Act."

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     (b) The purpose of this chapter is to create a fair, workable, cost-effective, legally

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enforceable, system by which Rhode Island will be able to reduce its economy-wide carbon

 

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emissions by at least eighty percent (80%) below 1990 levels by 2050.

2

     42-6.3-3. Definitions.

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     When used in this chapter:

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     (1) "1990 level" means twelve million four hundred eighty million (12,480,000) metric

5

tons of carbon dioxide equivalent emissions per annum, as set forth in the Rhode Island

6

greenhouse gas emission reduction plan published by the executive climate change coordinating

7

council's December 2016 report.

8

     (2) "Alternative compliance mechanism" means an action undertaken by a greenhouse

9

gas emission source that achieves the carbon dioxide equivalent reduction of greenhouse gas

10

emissions over the same time period as a direct emissions reduction, that is approved in advance

11

by the director of the department of administration and that is real, permanent, quantifiable,

12

verifiable and enforceable.

13

     (3) "Buildings" or "Building sector" means all buildings and structures, including,

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without limitation, single-family residences, multi-family residences, small business and

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commercial structures, large commercial and industrial structures, factories of all types,

16

transportation depots and stations, and office buildings.

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     (4) "Carbon dioxide equivalent" means the amount of carbon dioxide by weight that

18

would produce the same global warming impact as a given weight of another greenhouse gas,

19

based on the best available science, including from the intergovernmental panel on climate

20

change.

21

     (5) "Delivered fuels" means oil and propane gas used for heating of buildings.

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     (6) "Direct electricity emissions" means emissions from electricity generating sources

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geographically located in the state of Rhode Island.

24

     (7) "Emission" means emission of a greenhouse gas into the air.

25

     (8) "Emissions reduction measures" means programs, measures, standards, and

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alternative compliance mechanisms authorized pursuant to this chapter, applicable to sources or

27

categories of sources that are designed to reduce emissions of greenhouse gases.

28

     (9) "Enforceable" means subject to enforcement through a legal action brought pursuant

29

to § 42-6.3-10.

30

     (10) "Entity" means a person that owns or operates, in whole or in part, a source of

31

greenhouse gas emissions from a generator of electricity or a commercial or industrial site

32

including, but not limited to, a transportation fleet.

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     (11) "Facility" means a building, structure or installation located on contiguous or

34

adjacent properties of an entity.

 

LC004718 - Page 2 of 21

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     (12) "Greenhouse gas" means any chemical or physical substance that is emitted into the

2

air and that the director of the department of administration may reasonably anticipate will cause

3

or contribute to climate change including, but not limited to, carbon dioxide, methane, nitrous

4

oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

5

     (13) "Greenhouse gas emissions source" means a source, or category of sources, of

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greenhouse gas emissions with emissions that are at a level of significance, as determined by the

7

director of the department of administration, that its participation in the program established

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under this chapter will enable the director of the department of administration to effectively

9

reduce greenhouse gas emissions and monitor compliance with the statewide greenhouse gas

10

emissions limit.

11

     (14) "Indirect electricity emissions" means emissions associated with the consumption of

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purchased electricity within the state of Rhode Island where such electricity is purchased from the

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electricity grid operated by the Independent System Operator-New England, or any successor

14

approved by the Federal Energy Regulatory Commission.

15

     (15) "Leakage" means the offset of a reduction in emissions of greenhouse gases within

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Rhode Island by an increase in emissions of greenhouse gases outside Rhode Island.

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     (16) "Market-based compliance mechanism" means:

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     (i) A system of market-based declining annual aggregate emissions limitations for

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sources or categories of sources that emit greenhouse gases; or

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     (ii) Greenhouse gas emissions exchanges, banking, credits and other transactions

21

governed by rules and protocols established by the director of the department of administration or

22

the regional greenhouse gas initiative, that result in the same greenhouse gas emissions reduction,

23

over the same time period, as direct compliance with a greenhouse gas emissions limit or

24

emission reduction measure; or

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     (iii) An economy-wide price on all carbon emitted in Rhode Island that is not lower than

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twenty-five dollars ($25.00) per metric ton in 2019 and increased on January 1 of each

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succeeding year by no less than by five dollars ($5.00) per metric ton; provided, however, that

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such economy-wide price on carbon emissions is net revenue neutral to the government of Rhode

29

Island because all proceeds thereof are returned to the Rhode Island persons by such methods and

30

in such proportions as the general assembly may from time to time determine.

31

     (17) "Person" means a natural person, an agency or political subdivision of Rhode Island,

32

a public or private corporation or authority, a limited liability company, partnership, or limited

33

liability partnership, or a trust firm, joint stock company, association or other entity or group

34

thereof or an officer, employee or agent thereof.

 

LC004718 - Page 3 of 21

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     (18) "Statewide greenhouse gas emissions" means the total annual emissions of

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greenhouse gases in Rhode Island from all sources, including direct electricity emissions, indirect

3

electricity emissions, greenhouse gas emissions from the transportation sector, and greenhouse

4

gas emissions from the building sector.

5

     (19) "Statewide greenhouse gas emissions reduction mandate" means the maximum

6

allowable level of statewide greenhouse gas emissions in a given year, as set forth in § 42-6.3-5.

7

     (20) "Transportation sector" means all modes of transportation including, without

8

limitation automobiles, light trucks, trucks, buses and trains.

9

     42-6.3-4. Department of administration – Coordination function.

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     (a) The director of the department of administration shall ensure that the requirements of

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this chapter shall be met in all respects.

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     (b) The director of the department of administration shall have authority to issue rules

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and regulations pursuant to chapter 35 of title 42 in order to ensure that the requirements of this

14

chapter are met.

15

     (c) The director of the department of administration shall exercise overall supervisory

16

functions to ensure that the statewide greenhouse gas emission reductions mandate established by

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§ 42-6.3-5 shall be satisfied in every year including, without limitation:

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     (1) Supervising and assisting the commissioner of the office of energy resources in

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carrying out the functions described in § 42-6.3-6.

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     (2) Supervising and assisting the director of the department of transportation in carrying

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out the functions described in § 42-6.3-7.

22

     (3) Supervising and assisting the state building commissioner in carrying out the

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functions described in § 42-6.3-8.

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     (4) Carrying out such additional functions and duties as may be reasonably necessary to

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ensure that the statewide greenhouse gas emission reductions mandate established by § 42-6.3-5

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are met.

27

     42-6.3-5. Statewide greenhouse gas emission reduction mandate.

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     It is hereby established that it is the public policy of the state of Rhode Island to reduce

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statewide greenhouse gas emissions to:

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     (1) Twenty percent (20%) below 1990 levels by 2025;

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     (2) Fifty percent (50%) below 1990 levels by 2035;

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     (3) Seventy percent (70%) below 1990 levels by 2045; and

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     (4) Eighty percent (80%) below 1990 levels by 2050.

34

     42-6.3-6. Carbon emission reduction mandate – Electricity sector.

 

LC004718 - Page 4 of 21

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     (a) No later than one year after the effective date of this act, the commissioner of the

2

office of energy resources shall promulgate, pursuant to chapter 35 of title 42, such mandatory

3

and enforceable regulations that the commissioner believes are reasonably necessary to achieve

4

the 2025 carbon emission reduction mandate created by this chapter as that mandate pertains to

5

both direct electricity emissions and indirect electricity emissions.

6

     (b) In developing and promulgating the regulations required by subsection (a) of this

7

section, the commissioner of the office of energy resources shall:

8

     (1) Evaluate the total potential costs and economic and noneconomic benefits of various

9

reduction measures to the economy, environment and public health, using the best available

10

models, emissions estimation techniques, and scientific methods;

11

     (2) Take into account the relative contribution of each source or category of sources of

12

statewide greenhouse gas emissions from direct and indirect electricity emissions and shall

13

include in the regulations a de minimis threshold of greenhouse gas emissions below which

14

emissions reduction requirements shall not apply.

15

     (3) Conduct public hearings on the proposed 2025 regulations required by subsection (a)

16

of this section. The commissioner shall conduct a portion of these workshops in communities that

17

have the most significant exposure to air pollutants, including, but not limited to, communities

18

with minority populations, communities with low-income populations, or both.

19

     (4) Consider and address issues of leakage or potential leakage.

20

     (c) In developing the regulations required by subsection (a) of this section, the

21

commissioner of the office of energy resources may:

22

     (1) Utilize such market-based compliance mechanisms that the commissioner believes are

23

reasonably necessary, convenient, or desirable for achieving the 2025 carbon emission reduction

24

mandate pursuant to this chapter; provided, however, that in utilizing such market-based

25

compliance mechanisms, full credit shall be provided to monies paid on account of participation

26

in any multi-state or national market-based compliance mechanism including, without limitation,

27

the regional greenhouse gas initiative;

28

     (2) Consult with other Rhode Island governmental agencies, departments, or quasi-

29

governmental agencies;

30

     (3) Consult with the executive climate change coordinating council created by chapter 6.2

31

of title 42 and with the advisory board of the executive climate change coordinating council.

32

     (4) Consult with the energy efficiency and resource management council created by

33

chapter 140.1 of title 42.

34

     (d) The commissioner of the office of energy resources shall, at their discretion, but no

 

LC004718 - Page 5 of 21

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less frequently than once every two (2) years until 2024, review and update the regulations

2

required by subsection (a) of this section in order to ensure that the 2025 carbon emission

3

mandate set forth in § 42-6.3-5 is achieved as that mandate pertains to direct and indirect

4

electricity emissions. In performing this review and update, the commissioner shall in all respects

5

observe the requirements of subsections (b) and (c) of this section.

6

     (e) No later than July 31, 2024, the commissioner of the office of energy resources shall

7

promulgate, pursuant to chapter 35 of title 42, such mandatory and enforceable regulations that

8

the commissioner believes are reasonably necessary to achieve the 2035 carbon emission

9

reduction mandate created by this chapter as that mandate pertains to both direct electricity

10

emissions and indirect electricity emissions. The commissioner shall in all respects observe the

11

requirements of subsections (b) and (c) of this section.

12

     (f) The commissioner of the office of energy resources shall, at their discretion, but no

13

less frequently than once every two (2) years between 2026 and 2035, review and update the

14

regulations required by subsection (e) of this section in order to ensure that the 2035 carbon

15

emission mandate set forth in § 42-6.3-5 is achieved as that mandate pertains to direct and

16

indirect electricity emissions. In performing this review and update, the commissioner shall in all

17

respects observe the requirements of subsections (b) and (c) of this section.

18

     (g) No later than July 31, 2033, the commissioner of the office of energy resources shall

19

promulgate, pursuant to chapter 35 of title 42, such mandatory and enforceable regulations that

20

the commissioner believes are reasonably necessary to achieve the 2050 carbon emission

21

reduction mandate created by this chapter as that mandate pertains to both direct electricity

22

emissions and indirect electricity emissions. The commissioner shall in all respects observe the

23

requirements of subsections (b) and (c) of this section.

24

     (h) The commissioner of the office of energy resources shall, at their discretion, but no

25

less frequently than once every two (2) years between 2036 and 2050, review and update the

26

regulations required by subsection (g) of this section in order to ensure that the 2050 carbon

27

emission mandate set forth in § 42-6.3-5 is achieved as that mandate pertains to direct and

28

indirect electricity emissions. In performing this review and update, the commissioner shall in all

29

respects observe the requirements of subsections (b) and (c) of this section.

30

     42-6.3-7. Carbon emission reduction mandate – Transportation sector.

31

     (a) No later than one year after this chapter becomes effective, the director of the

32

department of transportation shall promulgate, pursuant to chapter 35 of title 42, such mandatory

33

and enforceable regulations that the director believes are reasonably necessary to achieve the

34

2025 carbon emission reduction mandate created by this chapter as that mandate pertains to

 

LC004718 - Page 6 of 21

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carbon emissions from the transportation sector.

2

     (b) In developing and promulgating the regulations required by subsection (a) of this

3

section, the director of the department of transportation shall:

4

     (1) Evaluate the total potential costs and economic and noneconomic benefits of various

5

reduction measures to the economy, environment and public health, using the best available

6

models, emissions estimation techniques, and scientific methods;

7

     (2) Take into account the relative contribution of each source or category of sources of

8

statewide greenhouse gas emissions from the transportation sector and shall include in the

9

regulations a de minimis threshold of greenhouse gas emissions below which emissions reduction

10

requirements shall not apply.

11

     (3) Conduct public hearings on the proposed 2025 regulations required by subsection (a)

12

of this section. The director shall conduct a portion of these workshops in communities that have

13

the most significant exposure to air pollutants, including, but not limited to, communities with

14

minority populations, communities with low-income populations, or both.

15

     (4) Consider and address issues of leakage or potential leakage.

16

     (c) In developing the regulations required by subsection (a) of this section, the director of

17

the department of transportation may:

18

     (1) Utilize such market-based compliance mechanisms that the office of energy resources

19

believes are reasonably necessary, convenient, or desirable for achieving the 2025 carbon

20

emission reduction mandate created by this chapter; provided, however, that in utilizing such

21

market-based compliance mechanisms, full credit shall be provided to monies paid on account of

22

participation in any multi-state or national market-based compliance mechanism including,

23

without limitation, the regional greenhouse gas initiative;

24

     (2) Consult with other Rhode Island governmental agencies, departments, or quasi-

25

governmental agencies;

26

     (3) Consult with the executive climate change coordinating council created by chapter 6.2

27

of title 42 and with the advisory board of the executive climate change coordinating council.

28

     (4) Consult with the energy efficiency and resource management council created by

29

chapter 140.1 of title 42.

30

     (d) The director of the department of transportation shall, at their discretion, but no less

31

frequently than once every two (2) years until 2024, review and update the regulations required

32

by subsection (a) of this section in order to ensure that the 2025 carbon emission mandate set

33

forth in § 42-6.3-5 is achieved as that mandate pertains to direct and indirect electricity emissions.

34

In performing this review and update, the director shall in all respects observe the requirements of

 

LC004718 - Page 7 of 21

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subsections (b) and (c) of this section, except that the five percent (5%) requirement for all

2

electric vehicle sales by 2025 shall be adjusted upward to forty percent (40%) by 2035 in the

3

form of reasonably achievable annual incremental increases.

4

     (e) No later than July 31, 2024, the director of the department of transportation shall

5

promulgate, pursuant to chapter 35 of title 42, such mandatory and enforceable regulations that

6

the director believes are reasonably necessary to achieve the 2035 carbon emission reduction

7

mandate created by this act as that mandate pertains to the transportation sector. The director shall

8

in all respects observe the requirements of subsections (b) and (c) of this section.

9

     (f) The director of the department of transportation shall, at their discretion, but no less

10

frequently than once every two (2) years between 2026 and 2035, review and update the

11

regulations required by subsection (e) of this section in order to ensure that the 2035 carbon

12

emission mandate set forth in § 42-6.3-5 is achieved as that mandate pertains to the transportation

13

sector. In performing this review and update, the director shall in all respects observe the

14

requirements of subsections (b) and (c) of this section, except that the five percent (5%)

15

requirement for all electric vehicle sales by 2025 shall be adjusted upward to ninety-five percent

16

(95%) by 2050 in the form of reasonably achievable annual incremental increases.

17

     (g) No later than July 31, 2033, the director of the department of transportation shall

18

promulgate, pursuant to chapter 35 of title 42, such mandatory and enforceable regulations that

19

the director believes are reasonably necessary to achieve the 2050 carbon emission reduction

20

mandate created by this act as that mandate pertains to the transportation sector. The director shall

21

in all respects observe the requirements of subsections (b) and (c) of this section.

22

     (h) The director of the department of transportation shall, at their discretion, but no less

23

frequently than once every two (2) years between 2036 and 2050, review and update the

24

regulations required by subsection (g) of this section in order to ensure that the 2050 carbon

25

emission mandate set forth in § 42-6.3-5 is achieved as that mandate pertains to the transportation

26

sector. In performing this review and update, the director shall in all respects observe the

27

requirements of subsections (b) and (c) of this section.

28

     42-6.3-8. Carbon emission reduction mandate – Building sector.

29

     (a) No later than one year after this chapter becomes effective, the state building

30

commissioner shall promulgate, pursuant to chapter 35 of title 42, such mandatory and

31

enforceable regulations that the state building commissioner believes are reasonably necessary to

32

achieve the 2025 carbon emission reduction mandate created by this chapter as that mandate

33

pertains to the building sector.

34

     (1) Insofar as the regulations required by subsection (a) of this section apply to new

 

LC004718 - Page 8 of 21

1

building construction, the regulations shall become effective one year after promulgation.

2

     (2) Insofar as the regulations required by subsection (a) of this section apply to

3

retrofitting existing building, the regulations shall be written so as to reasonably ensure that all

4

residential, commercial, and industrial buildings in the state are heated solely by electricity by

5

2050.

6

     (3) In developing and promulgating the regulations required by subsection (a) of this

7

section, the state building commissioner shall:

8

     (i) Make a part of the final regulations a requirement that at least ten percent (10%) of

9

buildings then heated by delivered fuels will have been converted to electric heat by 2025,

10

whether that mandate be achieved by incentives for electric heat, disincentives for delivered fuels,

11

market based compliance mechanisms, or a combination thereof.

12

     (ii) Evaluate the total potential costs and economic and noneconomic benefits of various

13

reduction measures to the economy, environment and public health, using the best available

14

models, emissions estimation techniques, and scientific methods;

15

     (iii) Take into account the relative contribution of each source or category of sources of

16

statewide greenhouse gas emissions from direct and indirect electricity emissions and shall

17

include in the regulations a de minimis threshold of greenhouse gas emissions below which

18

emissions reduction requirements shall not apply.

19

     (iv) Conduct public hearings on the proposed 2025 regulations required by subsection (a)

20

of this section. The state building commissioner shall conduct a portion of these workshops in

21

communities that have the most significant exposure to air pollutants, including, but not limited

22

to, communities with minority populations, communities with low-income populations, or both.

23

     (v) Consider and address issues of leakage or potential leakage.

24

     (d) In developing the regulations required by subsection (a) of this section, the state

25

building commissioner may:

26

     (1) Utilize such market-based compliance mechanisms that the state building

27

commissioner believes are reasonably necessary, convenient, or desirable for achieving the 2025

28

carbon emission reduction mandate created by this chapter; provided, however, that in utilizing

29

such market-based compliance mechanisms, full credit shall be provided to monies paid on

30

account of participation in any multi-state or national market-based compliance mechanism

31

including, without limitation, the regional greenhouse gas initiative;

32

     (2) Consult with other Rhode Island governmental agencies, departments, or quasi-

33

governmental agencies;

34

     (3) Consult with the executive climate change coordinating council created by chapter 6.2

 

LC004718 - Page 9 of 21

1

of title 42 and with the advisory board of the executive climate change coordinating council.

2

     (4) Consult with the energy efficiency and resource management council created by

3

chapter 140.1 of title 42.

4

     (e) The state building commissioner, at their discretion, but no less frequently than once

5

every two (2) years until 2024, review and update the regulations required by subsection (a) of

6

this section in order to ensure that the 2025 carbon emission mandate set forth in § 42-6.3-5 is

7

achieved as that mandate pertains to the building sector. In performing this review and update, the

8

state building commissioner shall in all respects observe the requirements of subsections (b) and

9

(c) of this section.

10

     (f)(1) No later than July 31, 2024, the commissioner of the Rhode Island state building

11

code commission shall promulgate, pursuant to chapter 35 of title 42, such mandatory and

12

enforceable regulations that the commissioner of the Rhode Island state building code believes

13

are reasonably necessary to achieve the 2035 carbon emission reduction mandate created by this

14

chapter as that mandate pertains to the building sector. The commissioner of the Rhode Island

15

state building code shall in all respects observe the requirements of subsections (b) and (c) of this

16

section.

17

     (2) The regulations issued under this subsection shall include a requirement that no new

18

buildings, for which construction is commenced on or after January 1, 2035, may be heated in

19

whole or in part with delivered fuels.

20

     (3) The regulations issued under this subsection shall include a requirement that at least

21

twenty-five percent (25%) of buildings then heated by delivered fuels will have been converted to

22

electric heat by 2035, whether that mandate be achieved by incentives for electric heat,

23

disincentives for delivered fuels, market based compliance mechanisms, or a combination thereof.

24

     (g) The state building commissioner shall, at their discretion, but no less frequently than

25

once every two (2) years between 2026 and 2035, review and update the regulations required by

26

subsection (e) of this section in order to ensure that the 2035 carbon emission mandate set forth in

27

§ 42-6.3-5 is achieved as that mandate pertains to the building sector. In performing this review

28

and update, the state building commissioner shall in all respects observe the requirements of

29

subsections (b) and (c) of this section.

30

     (h)(1) No later than July 31, 2033, the state building commissioner shall promulgate,

31

pursuant to chapter 35 of title 42, such mandatory and enforceable regulations that the state

32

building commissioner believes are reasonably necessary to achieve the 2050 carbon emission

33

reduction mandate created by this chapter as that mandate pertains to the building sector. The

34

state building commissioner shall in all respects observe the requirements of subsections (b) and

 

LC004718 - Page 10 of 21

1

(c) of this section.

2

     (2) The regulations issued under this subsection shall include a requirement that one

3

hundred percent (100%) of buildings then heated by delivered fuels will have been converted to

4

electric heat by 2050 whether that mandate be achieved by incentives for electric heat,

5

disincentives for delivered fuels, market based compliance mechanisms, or a combination thereof.

6

     (i) The state building commissioner shall, at their discretion, but no less frequently than

7

once every two (2) years between 2036 and 2050, review and update the regulations required by

8

subsection (g) of this section in order to ensure that the 2050 carbon emission mandate set forth in

9

§ 42-6.3-5 is achieved as that mandate pertains to the building sector. In performing this review

10

and update, the state building commissioner shall in all respects observe the requirements of

11

subsections (b) and (c) of this section.

12

     42-6.3-9. Abrogation.

13

     (a) The provisions of this chapter shall be abrogated one year after the state enters into a

14

binding, legally enforceable multi-state compact with no fewer than five (5) other states or

15

Canadian Provinces that mandates economy-wide carbon emission reductions that are no less

16

strict than the ones contained in this chapter, and in which the enforcement mechanism is no less

17

rigorous than the one contained in this chapter.

18

     (b) The provisions of this chapter shall be abrogated one year after the state is fully

19

covered by a binding, legally enforceable federal carbon emission reduction program in which the

20

carbon emission reduction mandates are economy-wide and are no less strict than the ones

21

contained in this chapter and in which the enforcement mechanism is no less rigorous than the

22

one contained in this chapter.

23

     (c) Certification that the conditions of subsection (a) or (b) of this section have occurred

24

must be made in writing by the governor after a careful investigation to ensure the sufficiency of

25

the carbon emission reduction mandates in question. The certification by the governor shall be

26

effective unless it is contramanded within sixty (60) days by either house of the general assembly,

27

with the sixty (60) days being days that the general assembly is actually in session and sitting.

28

     42-6.3-10. Enforcement.

29

     (a) The provisions of this chapter may be enforced by means of an action in the superior

30

court seeking either injunctive relief or a writ of mandamus or both.

31

     (b) Venue for such actions shall be proper in the Providence county superior court.

32

     (c) All persons shall have standing to commence such enforcement actions.

33

     (d) Reasonable attorneys' fees shall be recoverable by all substantially prevailing

34

plaintiffs who seek relief under this section.

 

LC004718 - Page 11 of 21

1

     SECTION 2. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled

2

"State Building Code" is hereby amended to read as follows:

3

     23-27.3-108.2. State building commissioner's duties.

4

     (a) This code shall be enforced by the state building commissioner as to any structures or

5

buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction

6

of the state or any of its departments, commissions, agencies, or authorities established by an act

7

of the general assembly, and as to any structures or buildings or parts thereof that are built upon

8

any land owned by or under the jurisdiction of the state.

9

     (b) Permit fees for the projects shall be established by the committee. The fees shall be

10

deposited as general revenues.

11

     (c) (1) The local cities and towns shall charge each permit applicant an additional .1

12

(.001) percent (levy) of the total construction cost for each permit issued. The levy shall be

13

limited to a maximum of fifty dollars ($50.00) for each of the permits issued for one and two (2)

14

family dwellings. This additional levy shall be transmitted monthly to the building commission at

15

the department of administration, and shall be used to staff and support the purchase or lease and

16

operation of a web-accessible service and/or system to be utilized by the state and municipalities

17

for uniform, statewide electronic plan review, permit management and inspection system and

18

other programs described in this chapter. The fee levy shall be deposited as general revenues.

19

     (2) On or before July 1, 2013, the building commissioner shall develop a standard

20

statewide process for electronic plan review, permit management and inspection.

21

     (3) On or before December 1, 2013, the building commissioner, with the assistance of the

22

office of regulatory reform, shall implement the standard statewide process for electronic plan

23

review, permit management and inspection. In addition, the building commissioner shall develop

24

a technology and implementation plan for a standard web-accessible service and/or system to be

25

utilized by the state and municipalities for uniform, statewide electronic plan review, permit

26

management and inspection.

27

     (d) The building commissioner shall, upon request by any state contractor described in §

28

37-2-38.1, review, and when all conditions for certification have been met, certify to the state

29

controller that the payment conditions contained in § 37-2-38.1 have been met.

30

     (e) The building commissioner shall coordinate the development and implementation of

31

this section with the state fire marshal to assist with the implementation of § 23-28.2-6.

32

     (f) The building commissioner shall submit, in coordination with the state fire marshal, a

33

report to the governor and general assembly on or before April 1, 2013 and each April 1st

34

thereafter, providing the status of the web-accessible service and/or system implementation and

 

LC004718 - Page 12 of 21

1

any recommendations for process or system improvement.

2

     (g) The building commissioner shall promulgate and adopt rules and regulations pursuant

3

to chapter 35 of title 42 in order to ensure compliance with the provisions of § 42-6.3-8

4

     SECTION 3. Chapter 39-1 of the General Laws entitled "Public Utilities Commission" is

5

hereby amended by adding thereto the following section:

6

     39-1-27.13. Review of beneficial electrification plans.

7

     When the public utilities commission receives the triennial plan for beneficial

8

electrification submitted by the energy efficiency and resource management council, the

9

commission shall open a docket to consider the plan. The commission shall only approve the plan

10

if the commission determines, after reasonable inquiry, that the plan is sufficiently comprehensive

11

to ensure, to the maximum extent possible, the attainment of the carbon emission reduction

12

mandates set forth in the Rhode Island global warming solutions chapter, chapter 6.3 of title 42.

13

The commission shall have the power to amend the plan submitted by the council as the

14

commission deems necessary in order to ensure, to the maximum extent possible, the attainment

15

of the carbon emission reduction mandates set forth in chapter 6.3 of title 42.

16

     SECTION 4. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department

17

of Administration" is hereby amended to read as follows:

18

     42-11-2. Powers and duties of department.

19

     The department of administration shall have the following powers and duties:

20

     (1) To prepare a budget for the several state departments and agencies, subject to the

21

direction and supervision of the governor;

22

     (2) To administer the budget for all state departments and agencies, except as specifically

23

exempted by law;

24

     (3) To devise, formulate, promulgate, supervise, and control accounting systems,

25

procedures, and methods for the state departments and agencies, conforming to such accounting

26

standards and methods as are prescribed by law;

27

     (4) To purchase or to contract for the supplies, materials, articles, equipment, printing,

28

and services needed by state departments and agencies, except as specifically exempted by law;

29

     (5) To prescribe standard specifications for those purchases and contracts and to enforce

30

compliance with specifications;

31

     (6) To supervise and control the advertising for bids and awards for state purchases;

32

     (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus

33

and salvage, and the transfer to or between state departments and agencies of needed supplies,

34

equipment, and materials;

 

LC004718 - Page 13 of 21

1

     (8) To maintain, equip, and keep in repair the state house, state office building, and other

2

premises owned or rented by the state for the use of any department or agency, excepting those

3

buildings, the control of which is vested by law in some other agency;

4

     (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and

5

property, real and personal;

6

     (10) To require reports from state agencies on the buildings and property in their custody;

7

     (11) To issue regulations to govern the protection and custody of the property of the state;

8

     (12) To assign office and storage space and to rent and lease land and buildings for the

9

use of the several state departments and agencies in the manner provided by law;

10

     (13) To control and supervise the acquisition, operation, maintenance, repair, and

11

replacement of state-owned motor vehicles by state agencies;

12

     (14) To maintain and operate central duplicating and mailing service for the several state

13

departments and agencies;

14

     (15) To furnish the several departments and agencies of the state with other essential

15

office services;

16

     (16) To survey and examine the administration and operation of the state departments and

17

agencies, submitting to the governor proposals to secure greater administrative efficiency and

18

economy, to minimize the duplication of activities, and to effect a better organization and

19

consolidation of functions among state agencies;

20

     (17) To operate a merit system of personnel administration and personnel management as

21

defined in § 36-3-3 in connection with the conditions of employment in all state departments and

22

agencies within the classified service;

23

     (18) To assign or reassign, with the approval of the governor, any functions, duties, or

24

powers established by this chapter to any agency within the department;

25

     (19) To establish, maintain, and operate a data processing center or centers, approve the

26

acquisition and use of electronic data processing services by state agencies, furnish staff

27

assistance in methods, systems and programming work to other state agencies, and arrange for

28

and effect the centralization and consolidation of punch card and electronic data processing

29

equipment and services in order to obtain maximum utilization and efficiency;

30

     (20) To devise, formulate, promulgate, supervise, and control a comprehensive and

31

coordinated statewide information system designed to improve the data base used in the

32

management of public resources, to consult and advise with other state departments and agencies

33

and municipalities to assure appropriate and full participation in this system, and to encourage the

34

participation of the various municipalities of this state in this system by providing technical or

 

LC004718 - Page 14 of 21

1

other appropriate assistance toward establishing, within those municipalities, compatible

2

information systems in order to obtain the maximum effectiveness in the management of public

3

resources;

4

     (i) The comprehensive and coordinated statewide information system may include a

5

Rhode Island geographic information system of land-related economic, physical, cultural and

6

natural resources.

7

     (ii) In order to ensure the continuity of the maintenance and functions of the geographic

8

information system, the general assembly may annually appropriate such sum as it may deem

9

necessary to the department of administration for its support.

10

     (21) To administer a statewide planning program including planning assistance to the

11

state departments and agencies;

12

     (22) To administer a statewide program of photography and photographic services;

13

     (23) To negotiate with public or private educational institutions in the state, in

14

cooperation with the department of health, for state support of medical education;

15

     (24) To promote the expansion of markets for recovered material and to maximize their

16

return to productive economic use through the purchase of materials and supplies with recycled

17

content by the state of Rhode Island to the fullest extent practically feasible;

18

     (25) To approve costs as provided in § 23-19-32; and

19

     (26) To provide all necessary civil service tests for child protective investigators and

20

social workers at least twice each year and to maintain an adequate hiring list for these positions

21

at all times.

22

     (27) (a) To prepare a report every three (3) months by all current property leases or

23

rentals by any state or quasi-state agency to include the following information:

24

     (i) Name of lessor;

25

     (ii) Description of the lease (purpose, physical characteristics, and location);

26

     (iii) Cost of the lease;

27

     (iv) Amount paid to date;

28

     (v) Date initiated;

29

     (vi) Date covered by the lease.

30

     (b) To prepare a report by October 31, 2014 of all current property owned by the state or

31

leased by any state agency or quasi-state agency to include the following information:

32

     (i) Total square feet for each building or leased space;

33

     (ii) Total square feet for each building and space utilized as office space currently;

34

     (iii) Location of each building or leased space;

 

LC004718 - Page 15 of 21

1

     (iv) Ratio and listing of buildings owned by the state versus leased;

2

     (v) Total occupancy costs which shall include capital expenses, provided a proxy should

3

be provided to compare properties that are owned versus leased by showing capital expenses on

4

owned properties as a per square foot cost at industry depreciation rates;

5

     (vi) Expiration dates of leases;

6

     (vii) Number of workstations per building or leased space;

7

     (viii) Total square feet divided by number of workstations;

8

     (ix) Total number of vacant workstations;

9

     (x) Percentage of vacant workstations versus total workstations available;

10

     (xi) Date when an action is required by the state to renew or terminate a lease;

11

     (xii) Strategic plan for leases commencing or expiring by June 30, 2016;

12

     (xiii) Map of all state buildings which provides: cost per square foot to maintain, total

13

number of square feet, total operating cost, date each lease expires, number of persons per

14

building and total number of vacant seats per building; and

15

     (xiv) Industry benchmark report which shall include total operating cost by full-time

16

equivalent employee, total operating cost by square foot and total square feet divided by full-time

17

equivalent employee.

18

     (28) To provide by December 31, 1995 the availability of automatic direct deposit to any

19

recipient of a state benefit payment, provided that the agency responsible for making that

20

payment generates one thousand (1,000) or more such payments each month.

21

     (29) To encourage municipalities, school districts, and quasi-public agencies to achieve

22

cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or

23

by entering into collaborative agreements with other municipalities, districts, or agencies. To

24

assist in determining whether the benefit levels including employee cost sharing and unit costs of

25

such benefits and costs are excessive relative to other municipalities, districts, or quasi-public

26

agencies as compared with state benefit levels and costs.

27

     (30) To administer a health benefit exchange in accordance with chapter 157 of title 42.

28

     (31) Promulgate and adopt regulations pursuant to chapter 35 of title 42 in order to ensure

29

compliance with the provisions of chapter 6.3 of title 42.

30

     (32) Supervise and assist the commissioner of the office of energy resources in carrying

31

out the functions described in § 42-6.3-6.

32

     (33) Supervise and assist the director of the department of transportation in carrying out

33

the functions described in § 42-6.3-7.

34

     (34) Supervise and assist the state building commissioner in carrying out the functions

 

LC004718 - Page 16 of 21

1

described in § 42-6.3-8.

2

     SECTION 5. Section 42-13-1 of the General Laws in Chapter 42-13 entitled "Department

3

of Transportation" is hereby amended to read as follows:

4

     42-13-1. Establishment -- Head of departments -- Powers.

5

     (a) There shall be a department of transportation. The head of the department shall be the

6

director of transportation, appointed by the governor with the advice and consent of the senate,

7

who shall carry out the provisions of this chapter and, except as otherwise provided by this title,

8

the provisions of chapters 2 and 4 of title 1; chapters 8 and 10 of title 24; chapter 13 of title 31;

9

chapter 12 of title 37; and of all other general laws heretofore carried out by the director of public

10

works and the department of public works, the Rhode Island turnpike and bridge authority, and

11

the council on highway safety. The director shall also be responsible for preparation of short-

12

range plans, project plans, and implementation programs for transportation; for port and

13

waterways facilities where the principal purpose is transportation and management of port

14

properties, warehouses, and state piers which function primarily as transportation facilities; and

15

for maintaining an adequate level of rail passenger and freight services, including the

16

administration of any financial or technical assistance which may be made available to operators

17

of railroad transportation facilities; provided, however, that all contracts for the construction,

18

reconstruction, maintenance, and repairs of all public roads and bridges, public buildings and all

19

other properties of the state government, and the purchase of all equipment, materials, and

20

supplies used in accordance therewith shall be negotiated by the purchasing agent in the

21

department of administration.

22

     (b) The director shall adopt and promulgate state regulations which will set standards for

23

future state, city and town construction and maintenance of sidewalks and curbs, in a manner

24

which will make the use of the sidewalks more easily accessible to people who are disabled. Said

25

standards shall require the installation of curb cuts and/or ramps at both ends of any pedestrian

26

crosswalk.

27

     The director shall adopt and promulgate a procedure to process all claims pursuant to §

28

24-8-35, for damages to motor vehicles caused by potholes on state highways and in all instances

29

have the final determination as to the merits of each claim.

30

     (c) The director shall promulgate and adopt regulations which will prohibit any

31

contractors who have been convicted of fraud, bid-rigging, or a violation of any state or federal

32

antitrust law from bidding on any construction projects administered by the department for a

33

period of five (5) years from the date of any of the above convictions.

34

     (d) The director shall promulgate and adopt rules and regulations pursuant to chapter 35

 

LC004718 - Page 17 of 21

1

of title 42 in order to ensure compliance with the provisions of § 42-6.3-7.

2

     SECTION 6. Section 42-140-4 of the General Laws in Chapter 42-140 entitled "Rhode

3

Island Energy Resources Act" is hereby amended to read as follows:

4

     42-140-4. Commissioner.

5

     (a) There shall be a commissioner of energy resources, who shall be appointed by the

6

governor with the advice and consent of the senate. The commissioner shall be the director of the

7

office of energy resources and shall have all such powers, consistent with law, as are necessary

8

and/or convenient to effectuate the purposes of the office and administer its functions. The

9

commissioner shall have authority to exercise all of the powers and duties heretofore exercised by

10

the head of the state energy office. In the performance of the duties set forth in this paragraph, the

11

commissioner shall consult with the energy efficiency and resources management council

12

established pursuant to chapter 42-140.1.

13

     (b) The commissioner shall have authority to apply for, receive, and administer grants

14

and funds from the federal government and all other public and private entities to accomplish the

15

purposes of the office.

16

     (c) All revenues collected by the office from public and private entities, including, but not

17

limited to, demand side management grants from public utilities, shall be deposited as restricted

18

receipts.

19

     (d) The commissioner shall have authority to serve as executive secretary of the

20

governor's technical assistance committee, established by § 42-60-4, and shall provide such staff

21

and technical support to the technical assistance committee as the technical assistance committee

22

may require, and shall have authority to carry out any duties assigned to the office by the

23

governor in the event of a declaration of a state energy crisis as authorized under chapter 42-60

24

relating to energy crisis management.

25

     (e) The commissioner shall have the authority to promulgate and adopt rules and

26

regulations pursuant to chapter 35 of title 42 in order to ensure compliance with the provisions of

27

§ 42-6.3-6 of the Rhode Island global warming solutions act.

28

     SECTION 7. Sections 42-140.1-3 and 42-140.1-5 of the General Laws in Chapter 42-

29

140.1 entitled "The Rhode Island Energy Efficiency and Resource Management Council" are

30

hereby amended to read as follows:

31

     42-140.1-3. Establishment of council -- Purposes.

32

     (a) There is hereby authorized, created and established a council to be known as "The

33

Rhode Island Energy Efficiency and Resources Management Council" with the powers and duties

34

set forth in this chapter.

 

LC004718 - Page 18 of 21

1

     (b) The purposes of this council are to:

2

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

3

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

4

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

5

Island; and

6

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

7

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

8

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

9

energy conservation, and diversification of energy resources; and

10

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

11

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

12

effectuated; and

13

     (5) Promote, facilitate, and develop plans for the beneficial electrification of the

14

transportation sector and the building sector.

15

     42-140.1-5. Powers and duties.

16

     The council shall have the power to:

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

recommendations regarding any improvements which might be necessary or desirable.

31

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

32

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

33

as provided for in § 39-1-27.7.

34

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

 

LC004718 - Page 19 of 21

1

procurement.

2

     (f) Advise the commission of energy resources, and recommend policies, standards,

3

strategies, plans, programs, and procedures with regard to functions of the office of energy

4

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

5

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

6

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

7

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

8

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

9

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

10

achieve the purposes of the office.

11

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

12

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

13

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

14

recommendations.

15

     (h) Develop and submit to the public utilities commission no less frequently than once

16

every three (3) years a plan for the beneficial electrification of the transportation sector and the

17

building sector. The first such triennial plan shall be filed with the public utilities commission no

18

later than eighteen (18) months after the enactment of this subsection.

19

     (1) Each triennial plan for beneficial electrification shall be so designed as to ensure, to

20

the maximum extent possible, the attainment of the carbon emission reduction mandates set forth

21

in the Rhode Island global warming solutions act.

22

     (2) The triennial plan may include, without limitation, changes and upgrades to the

23

distribution system of the electric distribution company and the purchase and installation of new

24

infrastructure.

25

     SECTION 8. This act shall take effect upon passage.

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LC004718 - Page 20 of 21

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND GLOBAL

WARMING SOLUTIONS ACT

***

1

     This act would establish the Rhode Island global warming solutions act to reduce carbon

2

emissions across various sectors of the local economy.

3

     This act would take effect upon passage.

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LC004718 - Page 21 of 21