| R 449 |
| 2023 -- S 1120 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: Senator Alana DiMario |
| Date Introduced: June 13, 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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| LC003224 |
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