§ 42-98-1. Legislative findings. (a) The general assembly recognizes that reasonably priced, reliable sources of energy are vital to the well-being and prosperity of the people of this state; that there are major issues of public health and safety and impact upon the environment related to the technologies and energy sources used in some facilities; […]
§ 42-98-1.1. Capital city underground utility initiative. (a) The public utilities commission shall permit the city of Providence or the city of East Providence, upon petition by a duly authorized representative of such municipality, to forego some or all of the respective municipality’s pro rata share of the refund accruing to the ratepayers of the […]
§ 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 to it for review. Each agency shall conclude its consideration and issue its advisory opinion not more than six (6) months following its […]
§ 42-98-11. Final hearing — Standards — Decisions. (a) Within forty-five (45) days after the final date for submission of advisory opinions pursuant to § 42-98-10, the board shall convene the final hearing on the application. The purpose of this hearing shall not be to rehear the evidence which was presented previously in hearings before […]
§ 42-98-12. Appeals and judicial review. (a) The licensing decision issued by the siting board shall constitute the sole, final, binding, and determinative regulatory decision within the state for the purposes of siting, building, operating, or altering a major energy facility. (b) Any person aggrieved by a decision of the board may within ten (10) […]
§ 42-98-13. Access to premises. (a) Members of the siting board, or agents of the board, while engaged in the performance of their duties, may at all reasonable times enter any premises, buildings, or other places belonging to, or controlled by, an applicant for a license under this chapter, and inspect the premises or any […]
§ 42-98-14. Discovery. The filing of an application under this chapter constitutes consent by the applicant(s) and its (their) affiliates to the jurisdiction of this state for the purposes of discovery relevant to the application. History of Section.P.L. 1986, ch. 531, § 1.
§ 42-98-15. Exemption. The exercise of the powers granted by this chapter or the provisions thereof shall not apply to chapter 19 of title 23, and shall not apply to any matter over which any agency, department, or instrumentality of the federal government has exclusive jurisdiction or has jurisdiction concurrent with that of the state […]
§ 42-98-16. Violations. (a) Failure to comply with any promulgated board rule, regulation, requirement or procedure for the licensing of energy facilities shall constitute grounds for suspension or dismissal, with or without prejudice in its discretion, of licensing proceedings, provided that the applicant shall have a reasonable opportunity to show cause for and remedy the […]
§ 42-98-17. Appropriation, fees and grants. (a) There is created an account to be known as the “energy facility siting account”, an account within the public utilities commission in the general fund, hereinafter referred to as the “account”, for the purpose of providing the financial means for the board to purchase materials and to employ […]
§ 42-98-18. Liberal construction — Severability. The provisions of this chapter shall be construed liberally to effectuate its purposes. If any provision of this chapter or of any rule, regulation, or determination made under this chapter, or the application of this chapter to any person, agency, or circumstances, is held invalid by a court of […]
§ 42-98-19. Applicability. (a) This chapter shall take effect upon its passage and shall operate prospectively and shall not apply to any electric cogeneration energy facility capable of operating at a gross capacity of more than forty (40) megawatts but less than eighty (80) megawatts which, prior to May 30, 1990, has applied to the […]
§ 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 […]
§ 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, […]
§ 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 […]
§ 42-98-4. License required. No person shall site, construct, or alter a major energy facility within the state without first obtaining a license from the siting board pursuant to this chapter. History of Section.P.L. 1986, ch. 531, § 1.
§ 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) 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 […]
§ 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 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 […]
§ 42-98-7. Powers and duties. (a) (1) The siting board is the licensing and permitting authority for all licenses, permits, assents, or variances which, under any statute of the state or ordinance of any political subdivision of the state, would be required for siting, construction or alteration of a major energy facility in the state. […]
§ 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 […]
