2012 -- H 7911

=======

LC02082

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY EFFICIENCY

     Introduced By: Representatives Tomasso, Handy, Cimini, Morgan, and Ruggiero

     Date Introduced: March 07, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 42-140.1-2, 42-140.1-3, 42-140.1-4 and 42-140.1-5 of the General

1-2

Laws in Chapter 42-140.1 entitled "The Rhode Island Energy Efficiency and Resource

1-3

Management Council" are hereby amended to read as follows:

1-4

     42-140.1-2. Legislative findings. -- It is hereby found and declared:

1-5

      (a) Rhode Island has experienced an energy cost crisis during 2005, and 2006 and 2008

1-6

and faces the prospect of fluctuating and increasing energy prices in the future.

1-7

      (b) Energy conservation and energy efficiency have enormous, untapped potential for

1-8

controlling energy costs and mitigating the effects of energy crisis for Rhode Island residents and

1-9

the Rhode Island economy.

1-10

      (c) Rhode Island has lacked an integrated, comprehensive, public, stakeholder-driven

1-11

organizational structure to secure for Rhode Island and its people the full benefits of energy

1-12

efficiency, energy conservation, and energy resources management.

1-13

     (d) Energy efficiency programs can create employment opportunities in Rhode Island.

1-14

     42-140.1-3. Establishment of council -- Purposes. -- (a) There is hereby authorized,

1-15

created and established a council to be known as "The Rhode Island Energy Efficiency and

1-16

Resources Management Council" with the powers and duties set forth in this chapter.

1-17

      (b) The purposes of this council are to:

1-18

      (1) Evaluate and make recommendations, including, but not limited to, plans and

1-19

programs, with regard to the optimization of energy efficiency, energy conservation, energy

1-20

resource development; and the development of a plan for least-cost procurement for Rhode

2-1

Island; and

2-2

      (2) Provide consistent, comprehensive, informed and publicly accountable stake-holder

2-3

involvement in energy efficiency, energy conservation, and energy resource management; and

2-4

      (3) Monitor and evaluate the effectiveness of programs to achieve energy efficiency,

2-5

energy conservation, and diversification of energy resources; and

2-6

      (4) Promote public understanding of energy issues and of ways in which energy

2-7

efficiency, energy conservation, and energy resource diversification and management can be

2-8

effectuated. ; and

2-9

     (5) Promote training and education programs that build a workforce capable of

2-10

implementing the programs.

2-11

     42-140.1-4. Composition and appointment. -- (a) The council shall consist of eleven

2-12

(11) fourteen (14) members appointed by the governor with the advice and consent of the senate;

2-13

seven (7) nine (9) members shall be voting numbers, and the governor shall give due

2-14

consideration to appointing persons with knowledge of: (1) energy regulation and law; (2) large

2-15

commercial/industrial users, (3) small commercial/industrial users; (4) residential users; (5) low

2-16

income users; (6) environmental issues pertaining to energy; (7) energy design and codes; and (8)

2-17

energy efficiency education and job training; and (9) municipal energy users four (4) five (5)

2-18

members shall be ex-officio, non-voting members, representing an electric distribution entity, a

2-19

gas distribution entity, fuel oil or heating fuel industry, the director of labor and training or his/her

2-20

designee from the department, and the commissioner of the office of energy resources. From the

2-21

seven (7) nine (9) voting members, the governor shall appoint one person to be chairperson of the

2-22

council and one person to be vice chairperson of the council; the commissioner of the office of

2-23

energy resources shall be the executive secretary and executive director of the council.

2-24

      (b) With the exception of the director of labor and training or his/her designee and the

2-25

commissioner of the office of energy resources; of the initial appointments; three (3) members

2-26

shall be appointed for a term of three (3) years, three (3) members shall be appointed for a term of

2-27

four (4) years, and four (4) members shall be appointed for a term of five (5) years; thereafter

2-28

members of the council shall be appointed for a term of five (5) years and may be reappointed.

2-29

      (c) A simple majority of the total number of voting members shall constitute a quorum.

2-30

      (d) A vacancy other than by expiration shall be filled in the manner of the original

2-31

appointment but only for the unexpired portion of the term. The appointing authority shall have

2-32

the power to remove its appointee for just cause.

2-33

      (e) The members of the council shall not be compensated for their service but shall be

2-34

reimbursed for their actual expenses necessarily incurred in the performance of their duties. The

3-1

provisions of this subdivision shall not apply to the executive secretary/executive director.

3-2

     42-140.1-5. Powers and duties. -- The council shall have the power to:

3-3

      (a) Develop and recommend for implementation plans, programs and standards for

3-4

energy conservation, energy efficiency, and diversification of energy resources.

3-5

      (b) Monitor and evaluate plans and programs for energy conservation, energy efficiency

3-6

and diversification of energy resources; in order to effectuate such evaluations the council may

3-7

request audits, including performance audits, of any program for energy conservation, energy

3-8

efficiency or diversification of energy resources, that is established pursuant to Rhode Island law

3-9

or is administered by a state agency, a request for an audit of any program operative pursuant to

3-10

an order or decision of the public utilities commission shall be made to the commission; the

3-11

council may make findings and recommendations with regard to changes, modification or

3-12

continuation of any programs which it has authority to monitor or evaluate.

3-13

      (c) Submit to the joint committee on energy an annual report on/or before April 15 of

3-14

each year, commencing in 2008, regarding the activities of the council,; its assessment of energy

3-15

issues,; the status of system reliability,; energy efficiency and conservation procurement; the

3-16

number of Rhode Island energy efficiency businesses and vendors participating in the programs,

3-17

including work related to energy audits, insulations, and equipment installations for the

3-18

residential, small business, and large commercial and industrial sectors; the funding allocation

3-19

that went into each of the eligible energy efficiency programs; and its recommendations regarding

3-20

any improvements which might be necessary or desirable.

3-21

      (d) Participate in proceedings of the public utilities commission that pertain to the

3-22

purposes of the council, including but not limited to proceedings regarding least-cost procurement

3-23

as provided for in section 39-1-27.7.

3-24

      (e) Advise electric distribution companies with regard to implementation of least cost

3-25

procurement.

3-26

     (f) Hold public meetings at least twice each year with the Rhode Island renewable energy

3-27

coordinating board and/or the advisory council to coordinate efforts around the system reliability

3-28

procurements plans, diversification of energy resources, and foster distributed generation of

3-29

electricity.

3-30

      (f)(g) Advise the commission commissioner of energy resources, and recommend

3-31

policies, standards, strategies, plans, programs, and procedures with regard to functions of the

3-32

office of energy resources including but not limited to plans, strategies, and programs to:

3-33

      (1) implement cost-effective energy conservation and energy efficiency programs;

4-34

      (2) promote the development of eligible renewable energy resources for Rhode Island;

4-35

      (3) foster distributed generation of electricity and demand response;

4-36

      (4) assist low-income households in meeting energy needs;

4-37

      (5) coordinate the use of funds, resources, and programs from diverse resources to

4-38

achieve the purposes of the office. ; and

4-39

     (6) Promote energy efficiency and conservation employment training and placement in

4-40

Rhode Island.

4-41

      (g)(h) Consider such other matters as it may deem appropriate to the fulfillment of its

4-42

purposes, and may advise the governor, the general assembly, other parties, and the public with

4-43

regard to matters pertaining to its purposes and duties, which advice may include findings and

4-44

recommendations.

4-45

     SECTION 2. Sections 42-140.3-5, 42-140.3-6, 42-140.3-7 and 42-140.3-10 of the

4-46

General Laws in Chapter 42-140.3 entitled "The Rhode Island Renewable Energy Coordinating

4-47

Board" are hereby amended to read as follows:

4-48

     42-140.3-5. Composition of the board. -- (a) The board shall have five (5) six (6)

4-49

members: - (1) The director of the department of administration, who shall serve as chairperson

4-50

of the board; (2) The commissioner of the office of energy resources; (3) The executive director

4-51

of the economic development corporation; (4) The director of the department of environmental

4-52

management; and (5) The director of the coastal resources management council; and the director

4-53

of labor and training. Any member of the board may appoint a designee from his or her respective

4-54

agency to represent him/her on the board.

4-55

      (b) Three (3) members shall constitute a quorum. - A majority vote of the board shall be

4-56

required for all recommendations, advice, and approvals of the board in accordance with this

4-57

chapter.

4-58

     42-140.3-6. Duties of the board. -- The board shall:

4-59

      (1) Develop and maintain the strategic plan in accordance with section 42-140.3-8.

4-60

      (2) Issue the strategic plan biannual report in accordance with subsection 42-140.3-8(e).

4-61

      (3) Issue recommendations as necessary to state agencies and cities and towns.

4-62

      (4) Issue recommendations for improvements to existing renewable energy procurement

4-63

policies and programs that will create employment opportunities in Rhode Island.

4-64

     (4)(5) Advise the governor and general assembly with regard to renewable energy

4-65

development in Rhode Island.

4-66

      (5)(6) Provide a forum for discussion of issues relating to renewable energy development

4-67

in Rhode Island and receive testimony from the public and interest groups.

5-68

      (6)(7) Make available to the public all information about activities of the board.

5-69

     42-140.3-7. Powers of the board. -- To effectuate its duties, the board shall have the

5-70

power to:

5-71

      (1) Adopt and amend bylaws.

5-72

      (2) Receive staff and administrative support from the department of administration.

5-73

      (3) Hold public meetings at least quarterly and at the call of the chairperson or three (3)

5-74

board members, in order to: (i) Develop and maintain the strategic renewable energy plan; (ii)

5-75

Develop reports and issue recommendations; (iii) Receive testimony from the public and other

5-76

interested parties.

5-77

      (4) Hold public meetings at least twice each year with the Rhode Island energy

5-78

efficiency and resources management council to coordinate efforts around the system reliability

5-79

procurement plans, diversification of energy resources, and foster distributed generation of

5-80

electricity.

5-81

      (5) Engage any consultants or expert witnesses that it deems necessary to implement its

5-82

statutory responsibilities; provided, however, that to the maximum extent possible, the board shall

5-83

utilize staff from state agencies.

5-84

     (6) Promote renewable energy employment training and placement in Rhode Island.

5-85

      (6)(7) Establish and maintain a website with information on all activities of the board.

5-86

      (7)(8) Comment on legislation pending before the general assembly.

5-87

     42-140.3-10. Advisory council. -- (a) The Rhode Island renewable energy coordinating

5-88

board advisory council is hereby established to advise the board on matters pertaining to the

5-89

board's duties and powers.

5-90

      (b) The advisory council shall have (15) sixteen (16) members. With the exception of the

5-91

office of energy resources, each Each board member shall select three (3) advisory council

5-92

members, provided that the advisory council includes members with experience in the following

5-93

areas: (1) Renewable energy development; (2) Energy regulation and law; (3) Environmental

5-94

issues pertaining to renewable energy; (4) Business association or chamber of commerce; (5)

5-95

Green trades; (6) Residential energy consumers; (7) Low-income energy consumers; (8) Small

5-96

business relating to renewable energy; and (9) Commercial/industrial energy consumers; and (10)

5-97

Municipal energy users. If an advisory council member resigns from his or her position, the board

5-98

member responsible for the selection of that advisory council member shall select his or her

5-99

replacement in accordance with the experience requirements stipulated in this section.

5-100

     (c) The advisory council shall hold at least six (6) public meetings a year.

5-102

SECTION 3. This act shall take effect upon passage.

=======

LC02082

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY EFFICIENCY

***

7-1

     This act would make changes in the membership and duties of the Rhode Island energy

7-2

efficiency and resources management council and the Rhode Island renewable energy

7-3

coordinating board.

7-4

     This act would take effect upon passage.

=======

LC02082

=======