2021 -- H 5279

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LC000237

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

     RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY SITING

     

     Introduced By: Representatives McGaw, Carson, Ruggiero, Donovan, Cortvriend,
Morales, Potter, Alzate, Henries, and Speakman

     Date Introduced: January 29, 2021

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-98-8 and 42-98-11 of the General Laws in Chapter 42-98 entitled

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"Energy Facility Siting Act" are hereby amended to read as follows:

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     42-98-8. Applications -- Contents -- Acceptance for filing.

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     (a) The rules and regulations promulgated by the board pursuant to § 42-98-7(c) shall

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prescribe the form and contents of applications under this chapter. The applications shall contain

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at least the following, where applicable:

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     (1) Identification of the proposed owner(s) of the facility, including identification of all

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affiliates of the proposed owners, as the term is defined in § 39-3-27.

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     (2) Detailed description of the proposed facility, including its function and operating

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characteristics, and complete plans as to all structures, including underground construction and

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transmission facilities, underground or aerial, associated with the proposed facility.

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     The complete plans shall be the basis for determining jurisdiction under the energy facility

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siting act and shall be the plans submitted to all agencies whose permit is required under the law.

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     (3) A detailed description and analysis of the impact of the proposed facility on its physical

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and social environment together with a detailed description of all environmental characteristics of

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the proposed site, and a summary of all studies prepared and relied upon in connection therewith.

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     Where applicable these descriptions and analysis shall include a review of current

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independent, scientific research pertaining to electric and magnetic fields (EMF). The review shall

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provide data assessing potential health risks associated with EMF exposure. For the purposes of

 

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this chapter "prudent avoidance" shall refer to measures to be implemented in order to protect the

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public from EMF exposure.

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     (4) All studies and forecasts, complete with the information, data, methodology, and

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assumptions on which they are based, on which the applicant intends to rely in showing the need

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for the proposed facility under the statewide master construction plan submitted annually.

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     (5) Complete detail as to the estimated construction cost of the proposed facility, the

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projected maintenance and operation costs, estimated costs to the community such as safety and

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public health issues, storm damage and power outages, estimated costs to businesses and

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homeowners due to power outages, the estimated unit cost of energy to be produced by the proposed

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facility, and expected methods of financing the facility.

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     (6) A complete life-cycle management plan for the proposed facility, including measures

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for protecting the public health and safety and the environment during the facility's operations,

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including plans for the handling and disposal of wastes from the facility, and plans for the

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decommissioning of the facility at the end of its useful life.

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     (7) A study of alternatives to the proposed facility, including alternatives as to energy

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sources, methods of energy production, and sites for the facility, together with reasons for the

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applicant's rejection of these alternatives. The study shall include estimates of facility cost and unit

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energy costs of alternatives considered.

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     (8) A detailed and specific statement as to the effects the proposed facility would have on

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the ability of the state to meet the carbon-emissions-reduction goals set forth in § 42-6.2-2(a)(2).

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     (b) Within thirty (30) days of the filing of an applicant under this chapter, the board shall

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notify the applicant whether the application is in the form and addresses the matters that are required

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by this section and the rules and regulations as are promulgated pursuant to § 42-98-7. An

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application meeting these requirements shall then be docketed. Any application deemed to be

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deficient shall be returned to the applicant, together with a concise and explicit statement of the

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application's deficiencies. Within fifteen (15) days of the resubmission of an application following

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a rejection for deficiency, the board shall docket the application together with specification of

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continuing deficiencies noted by the board, if any.

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     42-98-11. Final hearing -- Standards -- Decisions.

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     (a) Within forty-five (45) days after the final date for submission of advisory opinions

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pursuant to § 42-98-10, the board shall convene the final hearing on the application. The purpose

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of this hearing shall not be to rehear the evidence which was presented previously in hearings before

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agencies designated under § 42-98-9, but rather to provide the applicant, intervenors, the public,

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and all other parties in the proceeding, the opportunity to address in a single forum, and from a

 

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consolidated, statewide prospective, the issues reviewed, and the recommendations made in the

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proceedings before the agencies designated under § 42-98-9. The board at this hearing may, at its

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discretion, allow the presentation of new evidence by any party as to the issues considered by the

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agencies designated under § 42-98-9. The board may limit the presentation of repetitive or

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cumulative evidence. The hearing shall proceed on not less than thirty (30) days' notice to the

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parties and the public, shall be concluded not more than sixty (60) days following its initiation, and

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shall be conducted expeditiously.

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     (b) The board shall issue a decision granting a license only upon finding that the applicant

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has shown that:

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     (1) Construction of the proposed facility is necessary to meet the needs of the state and/or

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region for energy of the type to be produced by the proposed facility.

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     (2) The proposed facility is cost-justified, and can be expected to produce energy at the

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lowest reasonable cost to the consumer consistent with the objective of ensuring that the

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construction and operation of the proposed facility will be accomplished in compliance with all of

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the requirements of the laws, rules, regulations, and ordinances, under which, absent this chapter,

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a permit, license, variance, or assent would be required, or that consideration of the public health,

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safety, welfare, security and need for the proposed facility justifies a waiver of some part of the

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requirements when compliance cannot be assured.

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     (3) The proposed facility will not cause unacceptable harm to the environment and will

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enhance the socio-economic fabric of the state.

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     (c) The board shall not issue a decision granting a license to any applicant unless the board

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makes an affirmative determination that construction of the proposed facility will not adversely

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impact the ability of the state to achieve the carbon-emissions-reduction goals set forth in § 42-6.2-

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2(a)(2).

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     (c)(d) Within sixty (60) days of the conclusion of the final hearing the board shall issue its

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final decision on the application. A decision in favor of the application shall constitute a granting

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of all permits, licenses, variances, or assents, which under any law, rule, regulation, or ordinance

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of the state or of a political subdivision thereof which would, absent this chapter, be required for

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the proposed facility. The decision may be issued requiring any modification or alteration of the

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proposed facility, and may be issued on any condition the board deems warranted by the record,

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and may be issued conditional upon the applicant's receipt of permits required by federal law. The

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board's decision shall explicitly address each of the advisory opinions received from agencies, and

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the board's reasons for accepting, rejecting, or modifying, in whole or in part, any of those advisory

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opinions. The board shall, within ten (10) days of granting a license, with or without conditions,

 

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deliver the decision to the speaker of the Rhode Island house of representatives, and the president

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of the Rhode Island senate.

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     SECTION 2. This act shall take effect upon passage and shall apply to applications made

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to the energy facility siting board on or after the effective date of this act.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY SITING

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     This act would require carbon-emissions-reduction goals be considered in energy plant

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siting proceedings.

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     This act would take effect upon passage and would apply to applications made to the energy

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facility siting board on or after the effective date of this act.

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