2021 -- H 5134

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LC000141

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING

ACT

     Introduced By: Representative David A. Bennett

     Date Introduced: January 25, 2021

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-98-2, 42-98-3, 42-98-5, 42-98-6, 42-98-8, 42-98-9, 42-98-10 and

42-98-11 of the General Laws in Chapter 42-98 entitled "Energy Facility Siting Act" are hereby

amended to read as follows:

     42-98-2. Declaration of policy.

     It shall be the policy of this state to assure that:

     (1) The facilities required to meet the energy needs of this and succeeding generations of

Rhode Islanders are planned for, considered, and built in a timely and orderly fashion;

     (2) Construction, operation, and/or alteration of major energy facilities shall only be

undertaken when those actions are justified by long term state and/or regional energy need

forecasts;

     (3) The energy shall be produced at the least possible cost to the consumer consistent with

the objective of ensuring that the construction, operation, and decommissioning of the facility shall

produce the fewest possible adverse effects on the quality of the state's environment; most

particularly, its land and its wildlife and resources, the health and safety of its citizens, the purity

of its air and water, its aquatic and marine life, and its esthetic and recreational value to the public;

     (4) The licensure and regulatory authority of the state be consolidated in a single body,

which will render the final licensing decision concerning the siting, construction, operation and/or

alteration of major energy facilities;

     (5) An energy facility planning process shall be created through which the statewide

planning program, in conjunction with office of energy resources and the division of public utilities

and carriers, in conjunction with the statewide planning program, will be empowered to undertake

evaluations and projections of long and short term energy needs, and any other matters that are

necessary to establish the state energy plans, goals, and policies which then may be adopted as part

of the state guide plan. The state planning council shall be authorized and empowered to adopt a

long term plan assessing the state's future energy needs and the best strategy for meeting them, as

part of the state guide plan by January 1, 1991.

     (6) The construction, operation and/or alteration of major energy facilities shall be

consistent with the state's established energy plans, goals, and policy.

     (7) Before approving the construction, operation and/or alteration of major energy

facilities, the board shall determine whether cost effective efficiency and conservation

opportunities provide an appropriate alternative to the proposed facility.

     (8) The energy facilities siting board shall give priority to energy generation projects based

on the degree to which such projects meet, criteria including, but not limited to:

     (i) Using renewable fuels, natural gas, or coal processed by "clean coal technology" as their

primary fuel;

     (ii) Maximizing efficiency;

     (iii) Using low levels of high quality water;

     (iv) Using existing energy-generation facilities and sites;

     (v) Producing low levels of potentially harmful air emissions;

     (vi) Producing low levels of wastewater discharge;

     (vii) Producing low levels of waste into the solid waste stream; and

     (viii) Having dual fuel capacity.

     The board shall, within its rules and regulations, provide guidelines and definitions of

appropriate standards for the criteria designated in this subsection by January 1, 1991.

     42-98-3. Definitions.

     (a) "Agency" means any agency, council, board, or commission of the state or political

subdivision of the state.

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

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

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

"alteration."

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

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     (d) "Major energy facility" means:

     (1) Facilities facilities for the extraction, production, conversion, and processing of coal;

     (2) Facilities facilities for the generation of electricity designed or capable of operating at

a gross capacity of forty (40) megawatts or more;

     (3) Transmission transmission lines of sixty-nine (69) Kv kilovolts or over;

     (4) Facilities facilities for the conversion, gasification, treatment, transfer, or storage of

liquefied natural and liquefied petroleum gases;

     (5) Facilities facilities for the processing, enrichment, storage, or disposal of nuclear fuels

or nuclear byproducts;

     (6) Facilities facilities for the refining of oil, gas, or other petroleum products;

     (7) Facilities facilities of ten (10) megawatts or greater capacity for the generation of

electricity by water power;, and

     (8) Facilities facilities associated with the transfer of oil, gas, and coal via pipeline; or

     (9) Any any energy facility project of the Rhode Island commerce corporation. economic

development corporation; the

     The board may promulgate regulations to further define "major energy facility" to the

extent further definition is required to carry out the purpose of this chapter, provided that any waste

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

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

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

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

     42-98-5. Board established.

     (a) There is established the siting board which shall be a part of state government. The

siting board shall consist of three (3) five (5) members, as follows: the chairperson of the public

utilities commission, who shall serve as chairperson of the siting board; the director of the

department of environmental management; and the associate director of administration for

planning; the executive director of the commerce corporation; and one public member who shall

be a resident of this state and be competent by training or experience in the field of government

law, energy matters, economics and finance, or engineering and accounting. The public member

shall be appointed by the governor subject to the advice and consent of the senate. The public

member shall serve for a single term of five (5) years or until a successor is appointed. If the public

member resigns or is no longer able to serve, the governor may appoint, subject to the advice and

consent of the senate, a new public member to serve the remainder of the term. Any member of the

board who recuses him or herself shall designate his or her own successor from his or her respective

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agency.

     (b) Each member of the board shall take an oath to administer the duties of office faithfully

and impartially and that oath shall be filed in the office of the secretary of state.

     (c) The members of the board shall serve without compensation, but shall be reimbursed

for their actual expenses necessarily incurred in the performance of their duties.

     (d) The board may engage any consultants or expert witnesses that it deems necessary to

implement its statutory responsibilities; provided, however, that to the maximum extent possible,

board staff be drawn from existing state agencies. Any individual designated by the board as a

personal assistant of the board or as board staff shall be bound to comply with the ex parte

provisions of § 42-35-13. Board staff may be compensated by the board, either through contract or

through a transfer to the state agency or department by whom the individual is normally employed.

The board shall select a an employee of the public utilities commission to serve as coordinator. The

coordinator is to be responsible for the publication and distribution of all official minutes, reports,

and documents and to further serve as director of the board staff, which shall be located at the

division of public utilities and common carriers. The coordinator, under the direction of the

chairperson, shall coordinate and expedite the work of the various agencies to ensure that decisions

are made within the time frame established by this chapter.

     (d)(e) A quorum shall consist of a majority of the board. A majority vote of the board shall

be required for all actions, including licensing decisions; provided, however, one member of the

board may appoint a hearing officer, who shall be an attorney licensed to practice law in this state,

to conduct any hearings the board is authorized to conduct pursuant to this chapter. The hearing

officer shall be compensated by the board, either through contract or, if the hearing officer is a state

employee, through a transfer to the state agency or department by whom the attorney is normally

employed. Following completion of the hearing, the hearing officer shall file their findings and

recommended decision in writing with the board. The board may approve and adopt the hearing

officer’s findings and recommended decision, in which case, the hearing officer’s findings and

recommended decision shall become effective and shall have the same force and effect as a decision

by the board. The board may, however, at its discretion, upon considering the evidence in the matter

at issue and the findings and recommended decision of the hearing officer, decide the matter

independently, and in such case the decision of the board with its findings and decision shall

become effective when approved by the board. The board may promulgate rules to implement this

provision.

     (e)(f) The board shall maintain and grant free access to records and reports in its files to

members of the public during normal working hours and shall permit copies of those records and

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reports to be made by interested members of the public at their expense; provided, however, that

the board shall not permit disclosure, other than to another government agency for the sole purpose

of rendering an advisory opinion, of any information obtained by or submitted to the board pursuant

to the provisions of this chapter, upon a showing, satisfactory to the board, that the information is

entitled to protection as trade secrets or as privileged, confidential, or proprietary information. No

other governmental agency shall disclose any trade secrets or privileged, confidential, or

proprietary information.

     (g) The board may promulgate any necessary rules to implement this or any other section

of the act.

     42-98-6. Holding over in office.

     When the term of office of a member of the siting board expires or otherwise terminates,

and that person has participated in the preliminary hearing all or a substantial part of the evidence

in a proceeding before the board, that person shall remain a member of the siting board for the sole

purpose of completing the hearing and deciding the matter pending and signing the findings, orders,

and judgments in the proceeding. For these services, the person shall be paid necessary expenses

as fixed by the siting board as composed following the expiration of that person's term of office.

For this purpose, a proceeding shall be deemed completed when the siting board enters its final

decision therein regardless of whether that decision is or may be appealed to the supreme court and

the case remanded to the siting board for further proceedings.

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

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

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

at least the following, where applicable:

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

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

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

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

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

     The complete plans detailed description as required in this subsection shall be the basis for

determining jurisdiction under the energy facility siting act and shall be the plans submitted to all

agencies whose permit is required under the law.

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

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

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

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

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

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

public from EMF exposure.

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

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

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

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

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

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

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

facility, and expected methods of financing the facility.

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

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

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

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

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

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

applicant's rejection of these alternatives. An assessment of alternatives shall include a comparison

of vulnerability to power outages related to storm damage and estimated costs to businesses and

homeowners during power outages. The study shall include estimates of facility cost and unit

energy costs of alternatives considered.

     (8) A description of all laws, rules, regulations, and ordinances under which, absent this

chapter, the applicant would be required to obtain a permit, license, assent, or variance in order for

the siting, construction, or alteration of a major energy facility to proceed; a description, including

the purpose, of each such permit, license, assent, and variance and identification of the

corresponding agency, board, council, or commission of the state or political subdivision of the

state which, absent this chapter, would have jurisdiction to grant such permit, license, assent, or

variance; and, for each such permit, license, assent, and variance, a brief identification and

description of the materials furnished in the application that are necessary to issue an advisory

opinion pursuant to § 42-98-9(b) and, if applicable, an explanation as to why such advisory opinion

is not needed.

     (9) A description, including the purpose, of all federal, state, and municipal permits,

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licenses, assents, variances, and reviews required for the siting, construction, or alteration of a

major energy facility and for each such permit, license, assent, variance, and review, the

corresponding agency, board, council, or commission of the federal government, state, or political

subdivision of the state which has jurisdiction; and a description of the process to obtain each such

permit, license, assent, variance, and review.

     (10) Documentation that the applicant complied with the pre-filing public information

session.

     For each of the above requirements, the applicant shall provide verified pre-filed testimony

that supports the applicant's position that the proposed facility satisfies the standards set forth by §

42-98-11(c) and meets all other requirements necessary for the issuance of a license.

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

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

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

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

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

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

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

continuing deficiencies noted by the board, if any. Each application shall be reviewed for

completeness.

     (1) Upon receiving an application, the board shall conduct a preliminary review to ascertain

if the application contains each item as required by subsection (a) of this section for the board to

review the application.

     (2) Within forty-five (45) days of the filing of the application, each agency that receives a

public copy of the application pursuant to § 42-98-9.2(d) shall advise the board in writing whether

the application contains sufficient information for purposes of issuing its advisory opinion. Nothing

herein will prohibit any state or municipal agency from being able to request additional information

during its advisory opinion process.

     (3) Within sixty (60) days of the filing of the application, the board shall determine whether

the application is administratively complete and, if such a finding is made, the application shall be

docketed.

     (4) If the board determines that an application is administratively incomplete, it shall notify

the applicant in writing, specifying each of the areas in which the application has been deemed

incomplete.

     (5) Within ten (10) days of the applicant's receipt of notification of incompleteness, the

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applicant may file a new and more complete application or complete the filed application by curing

the specified defects.

     (6) If the applicant files a new and more complete application or completes the filed

application within ten (10) days of receiving notice issued pursuant to subsection (b)(4) of this

section, the board shall, no later than fourteen (14) days after receipt of the new or completed

application, determine whether the new or completed application is administratively complete. If

the board determines that the application is administratively complete, the application shall be

docketed.

     (7) If the application remains administratively incomplete or the specified defects in the

filed application remain uncured, the board shall notify the applicant in writing of its rejection of

the application and instruct the applicant to file a new application.

     (c) Any change to the application made after state and municipal agencies have been

assigned advisory opinions pursuant to subsection (d) of this section and § 42-98-10 shall be

presented to the board for a determination of whether the change represents a material difference

to the initial application. Upon finding a change represents a material difference, the application

may be dismissed without prejudice and the applicant may refile the application at any time. In the

instance of a proposed transmission facility, changing the preferred option shall not be considered

a change if the newly proposed route was one of the alternatives originally considered and

addressed in the application at the time it was filed. Any change negotiated as part of a settlement

between the applicant, the public advocate, and all cities and towns that have been assigned an

advisory opinion and that have intervened in the docket shall be reviewed by the board at the final

hearing, but shall not be grounds, solely, for dismissal pursuant to this section.

     (d) Within fourteen (14) days of docketing, the board shall formally designate the state and

municipal agencies to which advisory opinions are assigned, and set a schedule for the completion

of advisory opinions, interventions, and the preliminary hearing. The preliminary hearing shall

commence not later than sixty (60) days after this decision.

     (1) The board may limit the scope of any agency's investigation where it finds that more

than one agency has jurisdiction over a matter at issue in the licensing process. In these instances,

the board may determine which agency shall make the necessary findings on the issue after giving

proper consideration to the expertise and resources available to each of the agencies involved.

     (2) For projects that include a facility that is regulated by the public utilities commission,

a facility intending to participate in a program regulated by the public utilities commission, or a

facility whose cost is intended to be paid for by non-bypassable charges on utility bills, the public

utilities commission shall render an advisory opinion as to the need, cost, and benefits of the

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proposed facility.

     (3) In the event a project that falls within the board's jurisdiction previously received

approval from the public utilities commission to be included in the regulated utility's rates, that

decision shall be considered the public utilities commission's advisory opinion.

     (4) The division of planning within the department of administration shall render an

advisory opinion as to the social impacts of the proposed facility and its construction and the

project's consistency with the state guide plan.

     (5) The commerce corporation shall render an advisory opinion as to the economic impacts

of the proposed facility and its construction.

     (6) The department of environmental management, in consultation with the office of energy

resources, shall render an advisory opinion as to the proposed facility's impact on greenhouse gas

emissions and its consistency with the resilient Rhode Island act.

     (7) The historical preservation and heritage commission shall issue an advisory opinion as

to the potential impact(s) of the proposed facility on historic and archeological sites in the state, as

well as any measures proposed by the applicant to avoid, minimize, or mitigate unreasonable

adverse effects on those sites.

     (8) Nothing in this section shall limit the authority the board possesses under this chapter

to dismiss an application or to request additional advisory opinions.

     (9) Once the board designates the agencies directed to render an advisory opinion and sets

the advisory opinion deadline, the agencies may, in the interest of efficiency of process and public

input, coordinate to provide alignment of the agencies' respective reviews.

     42-98-9. Applications -- Procedures for review -- Preliminary hearing.

     (a) Within sixty (60) days following the board's docketing of an application the board shall,

on not less than forty-five (45) thirty (30) days' notice to all agencies, subdivisions of the state, and

the public, convene a preliminary hearing on the application to determine the whether there are any

issues beyond the statutory issues to be considered by the board in evaluating the application, and

to designate those agencies of state government and of political subdivisions of the state which

shall act at the direction of the board for the purpose of rendering advisory opinions on these issues,

and to determine to rule on petitions for intervention.

     (b) The board shall consider as issues in every proceeding the ability of the proposed

facility to meet the requirements of the laws, rules, regulations, and ordinances under which, absent

this chapter, the applicant would be required to obtain a permit, license, variance, or assent. The

agency of state government or of a political subdivision of the state which, absent this chapter,

would have statutory authority to grant or deny the permit, license, variance, or assent, shall

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function at the direction of the board for hearing the issue and rendering an advisory opinion

thereon.

     (c) The board shall limit the scope of any agency's investigation where it finds that more

than one agency has jurisdiction over a matter at issue in the licensing process. In these instances,

the board shall determine which agency shall make the necessary findings on the issue after giving

proper consideration to the expertise and resources available to each of the agencies involved.

     (d) The public utilities commission shall conduct an investigation in which the division of

planning of the department of administration, the governor's office of energy assistance and the

division of public utilities and carriers shall participate and render an advisory opinion as to the

need for the proposed facility.

     (e) The statewide planning program within the department of administration shall conduct

an investigation and render an advisory opinion as to the socio-economic impact of the proposed

facility and its construction and consistency with the state guide plan.

     (f) A decision of the board under this section shall be issued within thirty (30) days

following the conclusion of the preliminary hearing and in any event within forty-five (45) days of

the commencement of the hearing.

     42-98-10. Agency procedures -- Advisory opinion.

     (a) Each agency of the state or political subdivision of the state designated under § 42-98-

9 shall proceed to consider the issue or issues consigned assigned to it for review. Each state agency

shall conclude its consideration and issue its advisory opinion not more than six (6) four (4) months

following its designation under § 42-98-9 § 42-98-8(d), or any lesser time that the board may

require, or the right to exercise the function shall be forfeited to the board.

     (b) Advisory opinions issued by agencies designated under § 42-98-9 § 42-98-8(d) shall

not be considered as final decisions of the agencies making the opinions, and shall not be subject

to judicial review under § 42-35-15, or any other provision of the general laws.

     (c) Advisory opinions issued by zoning boards of review, building inspectors, or any other

agency of a municipality designated under § 42-98-9 shall not be reviewable by the public utilities

commission under § 39-1-30.

     (d) Failure or refusal of the applicant to provide requested information may be considered

as grounds for recommending denial.

     (e) At the request of the siting board, the director of environmental management and the

coastal resources management council shall give priority to the review of permits for energy

facilities.

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

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     (a) Within forty-five (45) ten (10) days after the final date for submission of advisory

opinions pursuant to § 42-98-10, the board shall set a procedural schedule designed to convene the

final hearing on the application within forty-five (45) days from the final date for submission of

advisory opinions. The schedule shall allow an opportunity for exchange of discovery and the filing

of testimony by all parties, including the public advocate, prior to the final hearing.

     (b) The purpose of this final hearing shall not be to rehear the evidence which was presented

previously in hearings before agencies designated under § 42-98-9 § 42-98-8(d), but rather to

provide the applicant, intervenors, the public, and all other parties in the proceeding, the

opportunity to address in a single forum, and from a consolidated, statewide prospective, the issues

reviewed, and the recommendations made in the proceedings before the agencies designated under

§ 42-98-8(d) and as to the issues determined under § 42-98-9. The board at this hearing may, at its

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

agencies designated under § 42-98-9 § 42-98-8(d). The board may limit the presentation of

repetitive or cumulative evidence. The hearing shall proceed on not less than thirty (30) days' ten

(10) days' days' notice to the parties and the public, shall be concluded not more than sixty (60)

days following its initiation, and shall be conducted expeditiously.

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

applicant has shown that:

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

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

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

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

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

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

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

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

requirements when compliance cannot be assured.

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

social environment and will enhance the socio-economic fabric economy of the state.

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

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

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

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

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,

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

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

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

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

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

president of the Rhode Island senate.

     SECTION 2. Chapter 42-98 of the General Laws entitled "Energy Facility Siting Act" is

hereby amended by adding thereto the following section:

     42-98-7.1. Public advocate established -- Powers and duties.

     (a) The division of public utilities and carriers shall serve as the energy facility siting public

advocate and shall represent the public interest in all cases docketed by the board.

     (b) The public advocate shall participate in all cases before the siting board. The public

advocate shall have the discretion to determine the manner in which it participates. The division of

public utilities and carriers may assign a then-current employee or may contract with an attorney

licensed in this state to represent it before the board.

     (c) The division of public utilities and carriers acting as public advocate may use the

expertise of staff of relevant state agencies in the administration of its duties. Acting as the public

advocate, the division of public utilities and carriers may hire technical experts, if needed, to

sponsor testimony and attend evidentiary hearings.

     (d) Acting as the public advocate, the division of public utilities and carriers will be

responsible for reviewing the application for completeness and making recommendations on any

deficiencies in the initial application.

     (e) The division of public utilities and carriers acting as public advocate will be responsible

for representing the public interest which may include issuance of discovery, attendance at public

comment hearings, presenting testimony and recommendations to the board relevant to the

application, and attending all hearings of the board.

     (f) Costs incurred by the division of public utilities and carriers acting as the public

advocate, including hiring of an attorney, use of staff of relevant state agencies, and hiring of

technical experts shall be funded by direct assessment of the applicant through the board's assessing

process.

     42-98-9.2. Pre-application requirements.

     (a) At least thirty (30) days prior to filing an application, an applicant must hold a public

information session in each municipality in which its project will be located, for the purposes of

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presenting information on the project and providing an opportunity for comments and questions

from the public.

     (b) At least sixty (60) days prior to filing an application, an applicant must meet with

municipal officials to explain the project and determine what information will be needed by

municipal officials to conduct their reviews as required by § 42-98-9(b).

     (c) At least sixty (60) days prior to filing an application, the applicant shall arrange to meet

with the board coordinator or designee to review the contents of the application and discuss and

arrange for the execution of any pre-filing or filing requirements of the board, including information

necessary to bill the applicant for processing and executing the board's review process.

     (d) Simultaneously with its filing of the application with the board, the applicant shall

notify the division of public utilities and carriers, the office of energy resources, department of

environmental management, division of planning, the historic preservation and heritage

commission, department of health, commerce corporation, and the executive office of each host

city or town. Such notification shall notify the agency of its ability pursuant to § 42-98-9(b) to

advise the board as to completeness of the application, and include one public copy of the

application to each state agency listed above and five (5) copies to each host city or town. The

executive office of each city or town shall be responsible for distributing the application to the

appropriate municipal departments, boards, and officials.

     (e) The board may waive or modify the timing requirements contained in this section for

good cause and if such waiver is in the best interest of the state.

     SECTION 3. Section 42-98-20 of the General Laws in Chapter 42-98 entitled "Energy

Facility Siting Act" is hereby repealed.

     42-98-20. Informational filings.

     (a) To assist the board in achieving the policy objectives set forth in § 42-98-2, the owners

of any proposed energy facility, whether or not the facility qualified as a major energy facility, shall

make an informational filing with the board at the time of first application to any other agency,

board, council, or commission of the state or political subdivision of the state required to issue a

permit, license, assent, or variance in order for the siting, construction, or alteration of the facility

to proceed.

     (b) The informational filing shall contain at least the following:

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

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

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

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.

     SECTION 4. This act shall take effect upon passage. Applications submitted prior to the

effective date shall be governed by the law in effect at the time the application was submitted.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING

ACT

***

     This act would amend provisions relative to the energy facility siting act including

designating the public utilities commission as the public advocate and would create certain pre-

application requirements.

     This act would take effect upon passage. Applications submitted prior to the effective date

would be governed by the law in effect at the time the application was submitted.

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