2019 -- H 5869

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LC002174

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY -- ECONOMIC AND CLIMATE RESILIENCE ACT

OF 2019

     Introduced By: Representatives Bennett, Handy, Kislak, Donovan, and Carson

     Date Introduced: March 15, 2019

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative Findings. The General Assembly finds and declares that:

     (1) In order to promote the general welfare of the people of the state, Rhode Island must

strengthen its economy and make it more resilient over the long term in order to avoid the

economic consequences of climate change, which will require initiatives that encourage the

development and use of innovative policies, technologies and practices;

     (2) Rhode Island is committed to the principles of the Paris Climate Agreement and to the

findings of the latest climate science and acknowledges that immediate actions to reduce

greenhouse gas emissions, such as those set forth in this legislation, are essential to protect our

community, our environment, and our economy;

     (3) The General Assembly in 2014 enacted the Resilient Rhode Island Act, which set

goals for reducing "greenhouse gas emissions" in Rhode Island, and established affirmative

obligations to meet these statutory goals;

     (4) Low-income, people of color, handicapped and elderly residents of Rhode Island

suffer most from climate-related disasters;

     (5) Climate change increases risks to public health, including from health impacts from

extreme heat events, storms and floods, decreased air quality, and illnesses transmitted from food,

water, and disease carriers, as reported by the Rhode Island department of health;

     (6) Climate change increases public safety risks and threats to our private property and

public infrastructure, including risks associated with storms, floods, and sea level rise, and these

risks have been recognized by several branches of the Rhode Island government as warranting

specific attention;

     (7) Climate change has severe economic consequences, including catastrophic weather

events such as Hurricane Sandy or coastal and river flooding that cause widespread damage to

communities and businesses and changes to marine ecosystems that cause severe reductions in

winter flounder, lobster, and other marine populations, and failing to address these risks will only

lead to more severe and persistent impacts upon our local economy;

     (8) Rhode Island spends over three billion dollars ($3,000,000,000) annually on fossil

fuels whereas carbon pricing mechanisms have been shown to be effective in creating jobs and

stimulating the local economy;

     (9) Natural gas, gasoline, diesel and heating oil prices can be highly volatile and create

uncertainty and risk for Rhode Island's economy. Reducing energy waste and demand for fossil

fuels produced out-of-state can stabilize Rhode Island's economy;

     (10) Carbon pricing is a cost-effective and efficient market-based means to achieve

significant carbon emissions reductions;

     (11) The clean energy sector has proven to be one of the fastest growing segments of

Rhode Island's economy, currently providing over fifteen thousand (15,000) jobs and growing at

a rate much higher than the overall state economy; increased investment will provide even more

jobs in addition to a higher quality of life;

     (12) Climate change poses substantial risks to Rhode Island's ecology and natural

resources, and pursuant to Article 1, § 17 of the Rhode Island Constitution, it is the responsibility

of the state to secure the right of the people "to the use and enjoyment of the natural resources of

the state with due regard for the preservation of their values;" and

     (13) In the absence of international or federal action, states cooperating regionally are

effective at reducing emissions and spurring renewable energy initiatives, as demonstrated by the

success of the Regional Greenhouse Gas Initiative (RGGI), which has reduced overall emissions

and strengthened the economies of participating states.

     SECTION 2. Legislative intent. It is the intent of the general assembly to:

     (1) Establish a separate and restricted receipt Rhode Island Economic and Climate

Resilience Climate Fund for creating employment and helping workers transition to low carbon

industries, improving energy efficiency, advancing adoption of clean energy technology,

establishing programs to safeguard low-income residents, and protecting businesses that are high

energy users;

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     (2) Price carbon as an incentive to reduce carbon (greenhouse gas) emissions from use of

carbon based fuels by residents and businesses in Rhode Island;

     (3) Provide access to energy efficiency, energy conservation, and renewable energy

programs for low-income families and small businesses;

     (4) Reduce public health, public safety, economic, and natural resource impairment risks

associated with climate change;

     (5) Meet or exceed the state emissions goals for 2035 as set by the Resilient Rhode Island

Act of 2014; and

     (6) Promote regional cooperation to reduce emissions, build renewable energy and energy

efficiency programs, and strengthen the economy.

     SECTION 3. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 82.1

ECONOMIC AND CLIMATE RESILIENCE ACT OF 2019

     23-82.1-1. Short title.

     This chapter shall be known and may be cited as the "Economic and Climate Resilience

Act of 2019".

     23-82.1-2. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings

unless the context shall clearly indicate another or different meaning or intent:

     (1) "Carbon dioxide equivalent" ("CO2e") means a unit of measure used to compare the

emissions from various greenhouse gases based upon their global warming potential.

     (2) "Carbon price" means the fee imposed by this chapter.

     (3) "Climate resilience" means the ability of a social, ecological, or socio-ecological

system and its components to anticipate, reduce, accommodate, or recover from the effects of a

hazardous event or trend in a timely and efficient manner. Such economic and social stability in

the face of climate-related disasters can be achieved through preparation, soft and hard

infrastructure improvements, emergency warning systems, and recovery resources, as well as

through quickly decarbonizing the economy to help lead other jurisdictions to do so, to avoid the

worst impacts which come with the accumulation of greenhouse gases in the atmosphere and

oceans.

     (4) "Commission" means the public utilities commission, set forth in § 39-1-3(a).

     (5) "Electricity fuel mix" means the mix of fuels for any one-year period used to create

electricity by generators within the control area of ISO-NE.

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     (6) "Employer" means a person, firm, corporation, partnership, association or public

body, whether for-profit or not-for-profit, that is located in Rhode Island and employs Rhode

Island residents.

     (7) "Economic and climate resilience fund" means the fund established under this

chapter.

     (8) "Fossil fuel" means coal, oil, natural gas, propane, petroleum product, and biomass

that is not carbon neutral over its life cycle. Fossil fuels do not include renewable, carbon neutral

biomass or waste vegetable oil biodiesel.

     (9) "Implementation date" means January 1 of the year following initial regional carbon

fee enactment.

     (10) "Independent System Operator-New England" or "ISO-NE" means the regional

transmission organization for New England licensed by the federal energy regulatory commission

pursuant to the Federal Power Act (16 U.S.C.12).

     (11) "Initial regional carbon fee enactment" means the enactment of a fee of at least five

dollars ($5.00) per metric ton of carbon by the legislatures of at least three (3)states: Rhode

Island, Massachusetts, and one or more additional states in the Regional Greenhouse Gas

Initiative (RGGI).

     (12) "Low-income residential property" means a dwelling unit owned or occupied by a

household eligible to receive benefits under the low-income energy assistance program

(LIHEAP) as set forth in § 39-1-27.12; in instances where a premises contains multiple dwelling

units, the entire premises shall be considered a low-income residential property if fifty percent

(50%) or more of the dwelling units are occupied by LIHEAP-eligible households.

     (13) "Person" means any individual, partnership, corporation, company, society, or

association, whether created for-profit or nonprofit purposes.

     (14) "Petroleum product" means all petroleum derivatives, whether in bond or not, which

are commonly burned to produce heat, electricity, or motion or which are commonly processed to

produce synthetic gas for burning, including propane, gasoline, unleaded gasoline, kerosene,

heating oil, diesel fuel, and number 4, number 5 and residual oil for utility and non-utility uses.

All aircraft fuels (including kerosene based jet fuel) used by commercial airplanes in Rhode

Island and all aircraft fuels brought into Quonset and T.F. Green airports are exempt from the fee.

Fuels brought into Rhode Island in airplane fuel tanks are exempt.

     (15) "Resident" means a person eighteen (18) years of age or older who is a resident of

Rhode Island. All persons registered to vote in Rhode Island or all persons eighteen (18) years of

age or older who hold a valid Rhode Island driver's license or photo ID shall be presumptively

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considered residents for the purposes of this chapter. Persons who do not meet the requirements

for presumptive eligibility may establish eligibility by presenting other acceptable documentation.

     (16) "Small business property" means the premises, whether owned or leased, of any

employer, other than a public body, that is a small business as defined by the United States Small

Business Administration (SBA).

     23-82.1-3. Carbon pricing.

     (a) A fee shall be collected on all non-exempt fossil fuels within the state for purposes of

distribution or use within the state, at the rate specified in subsection (b) of this section, in the

manner specified in subsections (e) through (l) of this section.

     (b) Commencing on the implementation date, a fee shall be charged at a rate of fifteen

dollars ($15.00) per metric ton of CO2e that would be released by burning the fuel sold. In each

subsequent fiscal year, the rate shall be the rate of the previous fiscal year plus five (5) dollars

($5.00), until it reaches a rate of fifty dollars ($50.00) per ton. After the rate reaches fifty dollars

($50.00) per ton, in each subsequent fiscal year the rate will increase in accordance with inflation,

as measured by Rhode Island's cost-of-living-adjustments calculated using the United States

Bureau of Labor Statistics Consumer Price Index or, if that index is not available, another index

adopted by the director of revenue.

     (c) The director of revenue shall calculate and publish the rate in current dollars for each

year, by December 1.

     (d) In sales where greenhouse gas emissions from the fossil fuels are to be permanently

sequestered and not released into the atmosphere, charges on the fossil fuels shall be reduced by

the director of revenue in proportion to the amount of CO2e that is to be sequestered. The office

of energy resources shall ensure that in such cases, the emissions are actually sequestered and not

released into the atmosphere.

     (e) The fee shall be collected on all petroleum products at their first point of sale within

the state for consumption or distribution within the state.

     (f) All suppliers of electricity, including all electric distribution companies operating in

the state and all competitive suppliers of electricity to end users, shall pay the fee on behalf of all

of their electricity customers on the basis of each kilowatt hour of electricity used by each

distribution customer. The per kilowatt hour fee to be paid by the supplier of electricity will be

calculated in the following manner:

     (1) The fee shall be calculated on an annual basis, based on the electricity fuel mix as

defined above.

     (2) The CO2e of every kilowatt hour of electricity shall be determined by taking the

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weighted average of the natural gas, coal, and oil portions of the fuel mix and multiplying each of

those portions separately by the amount of CO2e emissions created per kilowatt hour of

electricity produced by each such fuel, as those carbon intensity levels are from time to time

determined by the United States Energy Information Administration (EIA).

     (3) The supplier of electricity shall deduct from the fee calculated by subsection (f)(1)

and (f)(2) of this section an amount equal to the amount it paid for the same year on account of

regional greenhouse gas initiative (RGGI) clearing auctions; provided, however, that the amount

so deducted may be no greater than the total amount of the fee as calculated in subsections (f)(1)

and (f)(2) of this section. The electricity supplier shall also deduct from the fee calculated an

amount equal to the amount it may have paid for GIS certificates as defined in § 39-26-2(13).

     (g) On April 1 of each year, each supplier of electricity shall file with the commission the

result of its proposed calculation for the year beginning the following July 1. The filing will

include sufficient supporting data to enable the commission to determine whether the calculation

by the supplier of electricity was made fully in accordance with subsection (f) of this section.

Upon receipt of the calculation by the supplier of electricity, the commission shall open a docket.

The sole purpose of the docket shall be for the commission to determine whether the calculation

by the supplier of electricity was made fully in accordance with subsection (f) of this section. If

the commission determines that the calculation by the supplier of electricity was made fully in

accordance with subsection (f) of this section, the commission shall, no later than May 15 of the

same year, issue its order approving the calculation. If the commission determines that the

calculation by the supplier of electricity did not fully comply with subsection (f) of this section,

the commission shall issue an order stating clearly the errors that were made by the supplier of

electricity. In that event, the supplier of electricity shall have twenty-one (21) days to make a

compliance filing with the commission, correcting the errors identified in the commission's order.

     (h) Any entity which generates more than twenty-five thousand kilowatt hours (25,000

kwh) of electricity for on-site use using any combination of one or more fossil fuels shall be

obligated to pay the carbon price, which shall be calculated by multiplying the quantity of each

separate fossil fuel combusted to produce electricity by the CO2e emissions of each separate fuel

so combusted. Within one year following the date of enactment of this chapter, the director of

revenue shall issue rules, pursuant to chapter 35 of title 42, for the regular and efficient

calculation, assessment, and collection of these carbon price amounts. Any fee already paid on

said fuel pursuant to § 23-82.1-3 shall be deducted from the fee that would otherwise be due

under this subsection.

     (i) The local distribution company for natural gas shall pay the fee on behalf of all of its

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distribution customers. The fee shall be calculated by multiplying the number of cubic feet of

natural gas used by each customer by the amount of CO2e released by burning one cubic foot of

natural gas, as that value is from time to time determined by the United States Energy

Information Administration (EIA).

     (j) The office of energy resources shall determine the amount of CO2e released in the

form of escaped methane due to the extraction, transport, or distribution of natural gas before the

point of consumption in Rhode Island, and shall add an additional charge to the carbon price for

all natural gas or natural-gas-based electricity, based on the rate specified in subsection (b) of this

section. This fee shall be published no later than December 10 of each year.

     (k) In the event that a separate fee on the greenhouse gas content of transportation fuels is

established, this fee shall be deducted from the fee imposed by the economic and climate

resilience act; provided, however, that the amount so deducted may be no greater than the total

amount of the fee as calculated in subsections (f)(1) and (f)(2) of this section.

     (l) Government agencies whose primary purpose is to provide public transportation by

bus, van, rail, ferry or other means that reduce the amount of driving by private motor vehicles

shall be exempt from the fees set forth in § 23-82.1-3 for the portion of their business that

provides public transport.

     (m) The fee established by this chapter shall be reduced by the amount of any fee or

payment due under any federal law or § 23-82.1-3 that sets a carbon price on the same fossil fuels

for the same year as described in this chapter; provided, however, that such reduction shall not be

in an amount of less than zero.

     23-82.1-4. Economic and climate resilience fund.

     (a) There is hereby established a restricted receipt account in the general fund to be

known as the economic and climate resilience fund. All fees collected under this chapter shall be

deposited in the economic and climate resilience fund.

     (b) Unexpended balances and any earnings thereon shall not revert to the general fund but

shall remain solely in the economic and climate resilience fund. The economic and climate

resilience fund shall be used solely to carry out the provisions of this chapter.

     (c) Proceeds from the economic and climate resilience fund may only be used for the

purposes described in § 23-82.1-5. Proceeds shall be available for the purposes described in § 23-

82.1-5 without appropriation.

     (d) An independent economic and climate resilience fund oversight board shall be

created, with members chosen by the governor with the advice and consent of the senate, to

include nine (9) members with one member representing each of the following interests: small

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business, large business, labor, environmental justice, scientific community, low-income,

historically marginalized groups, community development organizations, and the transportation

sector. Members shall have staggered three (3) year terms. The director of the Rhode Island

infrastructure bank and the commissioner of the office of energy resources shall serve as

permanent ex officio non-voting members. The board shall elect a chair from its membership.

The oversight board shall convene quarterly to carry out roles pursuant to the provisions of

subsection (d)(1) of this section with the support of the office of energy resources.

     (1) The economic and climate resilience fund oversight board and the office of energy

resources (OER) shall prepare and deliver an annual report to the house committee on the

environment and natural resources, the senate committee on the environment and agriculture, the

house committee on finance, and the senate committee on finance on or before May 1, one year

after the commencement of the fee, and annually on or before May 1 thereafter, which will:

     (i) Recommend changes to the fee in order to account for greenhouse gas emissions

associated with the full lifecycle of all fossil fuels, including emissions prior and subsequent to

combustion associated with extraction, transportation, or disposal in order to help the state meet

its greenhouse gas reductions targets;

     (ii) Recommend changes to the logistics of dividend distribution as currently specified in

§§ 23-82.1-5(b) and (c) in order to more fully account for equity in the needs of residents and

consumers, especially low-income residents.

     (2) In addition to the revenue generated by § 23-82.1-3, the board may:

     (i) Accept and administer grants from both public and private sources for the carrying out

of any of its functions, which loans or grants shall not be expended for other than the purposes for

which provided; and

     (ii) Apply for, accept and expend allocations, grants and bequests of funds for the

purpose of carrying out the responsibilities of the board.

     23-82.1-5. Economic and Climate Resilience Fund Uses.

     (a) The Rhode Island infrastructure bank, under the auspices of the economic and climate

resilience fund oversight board pursuant to § 23-82.1-4, shall use the funds from the economic

and climate resilience fund as follows:

     (1) Twenty-eight percent (28%) shall go to support climate resilience, renewable energy,

energy efficiency, climate adaptation, and low carbon transition initiatives in Rhode Island:

     (i) At least one-third (1/3) of funding from the twenty-eight percent (28%) of the

economic and climate resilience fund that will be distributed to resilience and renewable energy

programs shall be distributed to neighborhoods, municipalities, groups of municipalities, or

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regional agencies representing neighborhoods or municipalities whose median incomes per

household are in the lowest third (1/3) of median incomes for all municipalities in the state.

     (ii) For purposes of this subsection, to calculate the lowest third (1/3), the median income

of each municipality shall be weighted by the number of households in the municipality. When

possible, distribution shall prioritize assisting municipalities with existing climate action plans in

renewable energy and efficiency projects. A training session for municipal planners relating to

implementing resilience and renewable energy programs shall be a prerequisite for the

municipalities to receive funds.

     (2) Thirty percent (30%) shall be used to provide direct dividends to employers in the

state, in the manner specified in subsections (b) and (d) of this section;

     (3) Forty percent (40%) shall be used to provide direct dividends to residents in the state,

in the manner specified in subsections (b) and (c) of this section;

     (4) Up to two percent (2%) shall be used to pay for administrative costs associated with

collecting the charges, administering the economic and climate resilience fund, and carrying out

other responsibilities assigned to the office of energy resources and department of revenue under

this chapter. Any unexpended revenue from this two percent (2%) shall be reallocated to climate

resilience and renewable energy programs, pursuant to § 23-82.1-5(a)(1). None of said proceeds

shall fund government operations or obligations other than to pay for reasonable administrative

costs in connection with the Economic and Climate Resilience Act of 2019 which should not be

higher than two percent (2%) of revenue collected. From the period commencing on the effective

date of this chapter through the implementation of the regulations necessary for the collection of

fees provided for under this chapter, the administrative allocation shall be the actual

administrative cost, and the amount of revenue directed to the climate resilience and renewable

energy program shall be reduced by the amount above two percent (2%) that is used for

administrative costs.

     (b) The dividends specified above shall be implemented, at the discretion of the director

of revenue, through a refundable credit added to tax returns for residents and employers that file

tax returns. For residents and employers without tax filings, dividends will be granted in the form

of direct checks. The director of revenue shall make every reasonable effort to ensure that every

resident and employer, regardless of whether or not a particular resident or employer files tax

returns or actually owes taxes, including not-for-profit organizations and government entities,

receives a dividend. Dividends will be calculated based on the estimated increased total costs of

energy in Rhode Island and distributed at the beginning of each year. The first set of dividends

shall be distributed before the implementation date based on estimated increased costs for the

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period of January 1 through December 31 of that year, which may be subject to cost

reconciliation based on actual total costs by June 30 of that year.

     (c) The resident dividends shall be determined as follows:

     (1) Fifty percent (50%) of the funds reserved for residents shall be returned in equal

amounts to residents in the state of Rhode Island whose incomes fall in the lowest one-third (1/3)

of after-tax incomes. Every resident in this one-third (1/3) shall receive an equal dividend

amount. Every resident in this one-third (1/3) who is a head of household with children or

dependents under the age of eighteen (18) shall have the dividend increased based on the number

of children or dependents under the age of eighteen (18) in residence, with each child adding the

value of one equal dividend amount.

     (2) Thirty-five percent (35%) of the funds reserved for residents shall be returned in equal

amounts to residents in the state of Rhode Island whose incomes fall in the lowest one-third (1/3)

of after-tax incomes. Every resident in this one-third (1/3) shall receive an equal dividend

amount. Every resident in this one-third (1/3) who is a head of household with children or

dependents under the age of eighteen (18) shall have the dividend increased based on the number

of children or dependents under the age of eighteen (18) in residence, with each child adding the

value of one equal dividend amount.

     (3) Fifteen percent (15%) of the funds reserved for residents shall be returned in equal

amounts to residents in the state of Rhode Island whose incomes fall in the lowest one-third (1/3)

of after-tax incomes. Every resident in this one-third (1/3) shall receive an equal dividend

amount. Every resident in this one-third (1/3) who is a head of household with children or

dependents under the age of eighteen (18) shall have the dividend increased based on the number

of children or dependents under the age of eighteen (18) in residence, with each child adding the

value of one equal dividend amount.

     (d) The employer dividends shall be determined as follows:

     (1) Seventy percent (70%) of the funds reserved for employers shall be distributed to

employers in an amount proportional, in terms of full-time equivalent employees, to the

employer's share of total employment in the state.

     (2) Thirty (30%) of the funds reserved for employers shall be additionally distributed to

employers identified by the office of energy resources as energy intensive, trade exposed, or most

vulnerable to fuel cost increases, which employers shall include, but not be limited to, the fishing

and agriculture industries.

     (e) Residents and businesses will be given the option to opt out of receiving all or part of

their dividend payment to allow assistance to low-income residents so they do not experience

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increased energy costs.

     (f) The director of revenue shall issue a public report, submitted to the governor, the

speaker of the house, and the senate president, by December 31 of each year commencing with

2019, stating the expenditures from the economic and climate resilience fund for the most

recently completed fiscal year and plans to distribute the balance remaining in the fund, if any.

     23-82.1-6. Promulgation of Rules.

     The department of revenue, office of energy resources, and any other state agency or

instrumentality designated by this chapter or by the director of administration to perform

functions or duties to effectuate the purposes and functions of this chapter are hereby authorized

to adopt, in accordance with the provisions of chapter 35 of title 42, administer, and enforce any

rules necessary or convenient to carry out the purposes of this chapter.

     23-82.1-7. Implementation.

     The implementation of the provisions of this chapter shall commence upon initial

regional carbon fee enactment.

     SECTION 4. This act shall take effect on July 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- ECONOMIC AND CLIMATE RESILIENCE ACT

OF 2019

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     This act would establish a fee on companies that sell fossil fuels in Rhode Island, paid at

the point of sale within the state for consumption or distribution within the state. This act would

also establish an "economic and climate resilience fund" to disburse the collected funds. The

funds would be disbursed through dividends to all residents and businesses in the state as well as

allocated to climate resilience, renewable energy, energy efficiency, and climate adaptation

programs that benefit Rhode Islanders, including low-income residents and small businesses. This

act would take effect upon the enactment of a fee of at least five dollars ($5) per metric ton of

carbon by the legislatures of at least three (3) states: Rhode Island, Massachusetts, and one or

more additional states in the Regional Greenhouse Gas Initiative (RGGI).

     This act shall take effect on July 1, 2019.

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