2026 -- H 7068

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LC003444

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING

ACT

     Introduced By: Representatives Solomon, Casey, Carson, Speakman, and Boylan

     Date Introduced: January 14, 2026

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-98-3 and 42-98-8 of the General Laws in Chapter 42-98 entitled

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

     42-98-3. Definitions.

     As used in this chapter:

     (a)(1) “Advanced conductor” means an electric conductor that has a direct current electrical

resistance at least ten percent (10%) lower than existing conductors of a similar diameter on the

system.

     (2) “Advanced power flow control” means hardware and/or software used to reroute

electricity from overloaded transmission lines to underutilized transmission or distribution

corridors by adjusting circuit impedance.

     (3) “Agency” means any agency, council, board, or commission of the state or political

subdivision of the state.

     (b)(4) “Alteration” means a significant modification to a major energy facility, which, as

determined by the board, will result in a significant impact on the: (i) The environment, or the; The

public health, safety, and welfare; or (iii) Transmissions costs to ratepayers. Conversion from one

type of fuel to another shall not be considered to be an “alteration.”

     (c)(5) “Board” for purposes of this chapter refers to the siting board.

     (d)(6) “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.

     (7) “Dynamic line rating” means hardware and/or software used to calculate the updated

thermal limits of distribution or transmission lines using real-time and forecasted weather

conditions.

     (8) “Energy storage as a distribution or transmission asset” means a resource capable of

receiving energy from the transmission or distribution system and storing it for later injection of

energy back into the transmission or distribution system.

     (9) "Grid-enhancing technology" means any hardware or software technology that enables

enhanced or more efficient flow of electricity across the existing electric transmission and

distribution system infrastructure and rights of way, which includes, but is not limited to, dynamic

line rating, advanced power flow control, reconductoring and rebuilding with advanced conductors,

topology optimization and energy storage when used as a distribution or transmission asset.

     (e)(10) “Major energy facility” means facilities for the extraction, production, conversion,

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

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

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

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

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

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

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

energy facility project of the Rhode Island commerce corporation; 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.

     (11) “Reconductoring” means the process of installing advanced conductors in place of the

legacy conductors, including structure rehabilitation as needed.

     (12) “Topology optimization” means software that identifies reconfigurations of the

transmission grid to reroute electricity from overloaded or congested lines to underutilized

corridors.

     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:

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     (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 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)(i) 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. In considering and issuing a decision, the board shall consider the net-zero

mandate of chapter 6.2 of title 42 ("2021 act on climate"), and how the project may advance or

delay the greenhouse gas emissions reductions set forth in that chapter. The board may also

consider other reasonably foreseeable climate change impacts, including other pollutant emissions

known to have negative health impacts, predicted sea level rise, coastal and inland flooding, and

other disproportionate adverse effects on a specific geographical area.

     (ii) 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

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

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

energy costs of alternatives considered. The study shall give due consideration to advanced

conductors, grid-enhancing technologies, and non-wires or non-pipeline alternatives in order to

avoid or minimize expenditures and/or maximize cost-effectiveness.

     (8) Applicants shall further indicate that for transmission line infrastructure, they have

sufficiently considered routes that make use of existing rights of way in the state. The board may

expedite the licensing process for transmission lines utilizing existing rights-of-way. If applicants

do not intend to make use of existing rights-of-way, or did not consider them, they shall explain

the reasoning of that decision.

     (9) Applicants shall further describe, where applicable, the degree to which a transmission

project(s) fulfills an identified need at a regional level, including any studies, forecasts, and other

evidence demonstrating consistency and alignment with relevant regional grid planning processes,

and including any “right-sizing” analyses done to confirm that the project could or could not be

modified to meet a regional need. To the extent a project does not fulfill a regional need, applicants

shall describe and justify the continued need for the project absent a regional need. The rules and

regulations promulgated by the board pursuant to § 42-98-7 may identify how the fulfillment of

any such regional needs are to be weighed alongside Rhode Island-specific needs.

     (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.

     SECTION 2. Section 39-25-3 of the General Laws in Chapter 39-25 entitled "Electric

Transmission Siting and Regulatory Act" is hereby amended to read as follows:

     39-25-3. Regulations on construction of high-voltage lines.

     The energy facility siting board established under § 42-98-5 is hereby authorized and

directed to establish rules and regulations governing construction within the state of high-voltage

transmission lines of sixty-nine (69) kV or greater, including the replacement, rebuild or expansion

of existing transmission line infrastructure.

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     SECTION 3. This act shall take effect upon passage.

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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

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     This act would expand the review and oversight of regional transmission spending by the

energy facilities siting board.

     This act would take effect upon passage.

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