2023 -- S 1120

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LC003224

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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C O N C U R R E N T   R E S O L U T I O N

RELATING TO APPROVAL FOR A SUBMERGED LAND LEASE IN CONNECTION WITH

THE REVOLUTION WIND PROJECT

     Introduced By: Senator Alana DiMario

     Date Introduced: June 13, 2023

     Referred To: Senate Judiciary

     WHEREAS, Revolution Wind, the "Project", is a planned 704 to 880 megawatt offshore

wind farm to be constructed and operated by Revolution Wind, LLC, and located approximately

15 miles south of the Rhode Island coast with a plan for up to 79 offshore wind turbine generators

that will provide Rhode Island with approximately 400 megawatts of power (the "Project"); and

     WHEREAS, In connection with the Project, Revolution Wind, LLC proposes two

submarine export transmission cables associated with the Project to be contained in one

continuous corridor where such cables enter Rhode Island state waters, through the Narragansett

Bay West Passage, to a landfall location at Quonset in North Kingstown, Rhode Island (the

"Cables"); and

     WHEREAS, The total length of the corridor containing the Cables will be twenty-three

(23) miles, and within this corridor each cable will run parallel with a targeted spacing of six

hundred fifty-six (656) feet between the Cables. This corridor will be, in total, one thousand three

hundred twelve (1,312) feet wide and will result in a total lease area of three thousand six

hundred fifty-eight (3,658) acres in Rhode Island state waters; and

     WHEREAS, Article I, Section 17 of the Rhode Island Constitution states, "…it shall be

the duty of the general assembly to provide for the conservation of the air, land, water, plant,

animal, mineral and other natural resources of the state, and to adopt all means necessary and

proper by law to protect the natural environment of the people of the state by providing adequate

resource planning for the control and regulation of the use of natural resources of the state and for

the preservation, regeneration and restoration of the natural environment of the state"; and

     WHEREAS, Pursuant to the public trust doctrine long recognized in federal and Rhode

Island State law, title in fee simple to land, or any portion thereof, within state boundaries,

including all submerged lands of the State, cannot be acquired by, or transferred to, any private

individual or entity unless conveyed by explicit grant from the General Assembly for public trust

purposes; and

     WHEREAS, The General Assembly, by its enactments, establishes the policies for the

preservation and use of natural resources of the State which are held in public trust by the State,

and has the responsibility and sole authority to balance the interests of competing proposed uses

for land, or any portion thereof, within State boundaries, including submerged lands, and that

determination shall be deemed to be, and accepted as, the authoritative definition of the public

interest in relation to the preservation and use of such lands; and

     WHEREAS, The Coastal Resources Management Council (CRMC) has the responsibility

of managing the preservation of the State's coastal resources including submerged lands pursuant

to Rhode Island General Law § 46-23-1 and § 46-23-6; and

     WHEREAS, Pursuant to Rhode Island General Law § 46-23-1, due to the size and scope

of the Project, any lease of submerged lands, or any license to use such lands, is subject to

approval, disapproval, or conditional approval from the General Assembly; and

     WHEREAS, The Rhode Island Constitution Article VI, Section 1 states, "The general

assembly shall pass all laws necessary to carry the Constitution into effect"; and

     WHEREAS, The Rhode Island Constitution Article VI, Section 2 states, "The

concurrence of the two houses shall be necessary to the enactment of laws."; now, therefore be it

     RESOLVED, That this General Assembly of the State of Rhode Island hereby finds that

following extensive negotiations and proceedings between CRMC and Revolution Wind, LLC

conditions have been mutually agreed to resulting in the CRMC issuing a finding that the Project

is consistent with the policies of Rhode Island's approved management program, as evidenced by

that certain RI CRMC Federal Consistency Review of the Revolution Wind Project-Staff

Decision Recommendation for Concurrence, dated April 25, 2023, CRMC File No. 2021-06-029;

and be it further

     RESOLVED, That in accordance with RIGL 46-23-1(f)(2), the General Assembly hereby

authorizes the CRMC to enter into a submerged land lease in connection with the installation,

construction, reconstruction, repair, replacement, maintenance, operation, uses, inspection, patrol,

decommissioning and removal of the Cables, in accordance with applicable law and relevant

CRMC regulations, which lease shall be for an initial term of no more than twenty-five (25)

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years and provide for, among other terms, a total lease payment in the aggregate amount of not

less than two million and 00/100 Dollars ($2,000,000.00), and shall contain such other terms and

conditions mutually agreed upon by CRMC and Revolution Wind pursuant to applicable law and

relevant rules and regulations of CRMC.

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LC003224

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