R 448
2023 -- H 6510 SUBSTITUTE A
Enacted 06/27/2023

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: Representative John G. Edwards

Date Introduced: June 09, 2023

     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)
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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LC003206/SUB A
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