2012 -- H 7049

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LC00191

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY -- ENERGY

     Introduced By: Representatives Brien, Phillips, and Baldelli-Hunt

     Date Introduced: January 05, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-19-11 of the General Laws in Chapter 23-19 entitled "Rhode

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Island Resource Recovery Corporation" is hereby amended to read as follows:

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     23-19-11. Planning requirements. -- Planning responsibilities of the corporation shall

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include, but not be limited to:

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      (1) The preparation of a statewide resource recovery system development plan which

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will indicate the location, type, and size of solid waste management facilities, including without

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limitation, transfer stations, waste processing facilities, and ultimate disposal facilities which may

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be required to serve the future needs of the state and its municipalities through the development

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of an integrated statewide resource recovery system for the effective management of solid waste;

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      (2) The plan shall be in conformity with the applicable provisions of the state guide plan;

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      (3) The plan will be subject to amendment;

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      (4) In developing the plan, the corporation will assure that:

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      (i) The orderly extension of future solid waste facilities and management systems are

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provided for in a manner consistent with the needs and plans of the whole area, and in a manner

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consistent with the state departments of health and environmental management rules and

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regulations for locating and operating solid waste facilities;

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      (ii) All aspects of planning, zoning, population estimates, engineering, and economics

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are taken into consideration to delineate with all practical precision those portions of the area

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which may reasonably be expected to be served by a given time frame, as determined by the

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corporation;

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      (iii) Appropriate time schedules are set for the phasing in of the required component

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parts of the system.

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      (iv) Future solid waste disposal facilities shall be regional in size and emphasize the

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geographic and political nature of the surrounding area.

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      (5) In the interim prior to the completion of the statewide plan, the corporation is

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authorized to develop component facilities as may be required to carry out the purposes of this

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chapter; provided, however, upon completion of the plan, all projects of the corporation

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undertaken thereafter shall be in conformity with the plan; and

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      (6) The corporation shall cooperate with the department of environmental management

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and other state and local agencies in the development of a comprehensive statewide solid waste

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management plan, of which the corporation's statewide resource recovery system development

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plan shall be a component part. Nothing in this chapter shall be interpreted as limiting the

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authority of the department of environmental management to prepare a statewide, comprehensive,

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solid waste management plan, including, but not limited to, any plan required by any federal law,

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rules, or regulations to meet federal requirements that may be conditions precedent to receiving

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federal assistance.

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      (7) The plan shall not include incineration of solid waste.

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      (8)(7) The plan shall limit the use of landfills to providing temporary backup or bypass

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disposal capacity and residue disposals from waste processing facilities. The plan shall also seek

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to minimize landfilling of any type of waste and phase out the use of landfills for waste disposal.

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      (9)(8) The plan shall include composting of yard waste and other appropriate organic

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wastes.

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      (10)(9) The plan shall consider the financial feasibility of modifying, curtailing, or

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supplanting the provisions of chapter 19.1 of this title in light of the requirements for waste

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processing facilities.

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      (11)(10) The plan shall primarily rely on a system of waste processing facilities.

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      (12)(11) The plan shall provide that the corporation actively pursue research and develop

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new uses for materials recovered from solid waste to maximize revenue from recycled materials.

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     SECTION 2. Section 39-26-5 of the General Laws in Chapter 39-26 entitled "Renewable

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Energy Standard" is hereby amended to read as follows:

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     39-26-5. Renewable energy resources. -- (a) Renewable energy resources are:

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      (1) Direct solar radiation;

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      (2) The wind;

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      (3) Movement or the latent heat of the ocean;

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      (4) The heat of the earth;

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      (5) Small hydro facilities;

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      (6) Biomass facilities using eligible biomass fuels and maintaining compliance with

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current air permits; eligible biomass fuels may be co-fired with fossil fuels, provided that only the

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renewable energy fraction of production from multi-fuel facilities shall be considered eligible;

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      (7) Fuel cells using the renewable resources referenced above in this section;

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      (8) Waste-to-energy combustion of any sort or manner shall in no instance be considered

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eligible except for fuels identified in section 39-26-2(6). Waste-to-energy technology at a facility

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located in the city of Woonsocket approved by the Rhode Island resource recovery corporation,

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subject to the permitting, regulatory, and monitoring authority of the department of health and the

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department of environmental management granted pursuant to section 23-19-12 and any other

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applicable section of the general laws and subject to licensing as required in the Energy Facility

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Siting Act, and; provided further, that in no case shall any facility be permitted unless the

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operation of such facility shall meet all applicable standards established by the United States

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Environmental Protection Agency pursuant to sections 111 and 129 of the Clean Air Act, 42

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U.S.C. sections 7411, 7429.

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      (b) For the purposes of the regulations promulgated under this chapter, eligible

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renewable energy resources are generation units in the NEPOOL control area using renewable

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energy resources as defined in this section.

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      (c) A generation unit located in an adjacent control area outside of the NEPOOL may

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qualify as an eligible renewable energy resource, but the associated generation attributes shall be

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applied to the renewable energy standard only to the extent that the energy produced by the

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generation unit is actually delivered into NEPOOL for consumption by New England customers.

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The delivery of such energy from the generation unit into NEPOOL must be generated by:

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      (1) A unit-specific bilateral contract for the sale and delivery of such energy into

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NEPOOL; and

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      (2) Confirmation from ISO-New England that the renewable energy was actually settled

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in the NEPOOL system; and

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      (3) Confirmation through the North American Reliability Council tagging system that

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the import of the energy into NEPOOL actually occurred; or

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      (4) Any such other requirements as the commission deems appropriate.

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      (d) NE-GIS certificates associated with energy production from off-grid generation and

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customer-sited generation facilities certified by the commission as eligible renewable energy

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resources may also be used to demonstrate compliance, provided that the facilities are physically

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located in Rhode Island.

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     SECTION 3. Section 42-98-3 of the General Laws in Chapter 42-98 entitled "Energy

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Facility Siting Act" is hereby amended to read as follows:

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     42-98-3. Definitions. -- (a) "Agency" means any agency, council, board, or commission

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of the state or political subdivision of the state.

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      (b) "Alteration" means a significant modification to a major energy facility, which, as

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determined by the board, will result in a significant impact on the environment, or the public

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health, safety, and welfare. Conversion from one type of fuel to another shall not be considered to

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be an "alteration."

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      (c) "Board" for purposes of this chapter refers to the siting board.

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      (d) "Major energy facility" means facilities for the extraction, production, conversion,

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and processing of coal; facilities for the generation of electricity designed or capable of operating

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at a gross capacity of forty (40) megawatts or more; transmission lines of sixty-nine (69) Kv or

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over; facilities for the conversion, gasification, treatment, transfer, or storage of liquified natural

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and liquified petroleum gases; facilities for the processing, enrichment, storage, or disposal of

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nuclear fuels or nuclear byproducts; facilities for the refining of oil, gas, or other petroleum

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products; facilities of ten (10) megawatts or greater capacity for the generation of electricity by

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water power, and facilities associated with the transfer of oil, gas, and coal via pipeline; any

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energy facility project of the Rhode Island economic development corporation; the board may

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promulgate regulations to further define "major energy facility" to the extent further definition is

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required to carry out the purpose of this chapter, provided that any waste to energy facility shall

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not be deemed a major energy facility for the purposes of this chapter.

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      (e) "Clean coal technology" means one of the technologies developed in the clean coal

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technology program of the United States Department of Energy, and shown to produce emissions

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levels substantially equal to those of natural gas fired power plants.

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     SECTION 4. This act shall take effect upon passage.

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LC00191

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- ENERGY

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     This act would facilitate the creation of a waste-to-energy facility located in the city of

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Woonsocket.

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     This act would take effect upon passage.

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LC00191

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