2014 -- S 2438

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LC004170

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY - RENEWABLE ENERGY FACILITIES

     Introduced By: Senators DiPalma, Sosnowski, and Kettle

     Date Introduced: February 27, 2014

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

is hereby amended by adding thereto the following chapter:

CHAPTER 23.3

FARM CONSERVATION AND RENEWABLE ENERGY

     2-23.3-1. Short title. – This act shall be known and may be cited as the “Farm

Conservation and Renewable Energy Act of 2014.”

     2-23.3-2. Legislative findings. – The general assembly finds and declares that:

     (1) Renewable energy facilities can reduce the operating costs of farms and provide

critical revenue to maintain economically viable agricultural operations;

     (2) Preserving farmland and strengthening the viability of farming are essential public

purposes, necessary to the health and welfare of the people of the state; and

     (3) Farms are significant energy consumers and given the size and openness of many of

Rhode Island’s farms, they can be good locations for renewable energy facilities.

     2-23.3-3. Definitions. – (a) “Agricultural product” means the product of the propagation

care, cultivation, raising, and harvesting of the products of truck farming, horticulture, turf,

viticulture, viniculture, floriculture, forestry/tree farming, growing vegetables for farming, sugar

bush or the production of fiber.

     (b) “Farm” means land of at least twenty-five (25) contiguous acres used to grow

agricultural products or raise livestock.

     (c) “Farmer” means individual, partnership or corporation who operates a farm and has

filed a 1040F U.S. Internal Revenue Form with the Internal Revenue Service, has a state farm tax

number, has earned ten thousand dollars ($10,000) gross income on farm products in each of the

preceding four (4) years and all farming activities comply with the standard set forth in § 2-1-

22(i).

     (d) “Flicker” means alternating changes in light intensity caused by the moving blade of a

wind turbine casting shadows on the ground and stationary objects.

     (e) “Livestock” means horses, cows, sheep, poultry or bees or other living creatures.

     (f) “Net metering” means net metering as that term is defined and used in chapter 39-28-

26.4.

     (g) “Office” means the office of energy resources.

     (h) “Renewable energy facility” means a facility that supplies energy, including but not

limited to, electrical and thermal energy, from a renewable energy resource as defined in § 39-

26-5.

     2-23.3-4. Siting and operating standards. – Renewable energy facilities shall be located

on farms, providing the following siting and operational standards are met:

     (1) Flicker – The renewable energy facility shall not result in more than thirty (30) hours

of flicker on any occupied structure in any calendar year or more than fifteen (15) minutes of

flicker on any occupied structure in any day.

     (2) Noise – The renewable energy facility shall not produce, at the property line of the

farm, more than a ten (10) decibel increase over the ambient decibel level.

     (3) Set back – The renewable energy facility shall be set back from the property line by at

least the required set back for new, buildings or structures, except for a wind turbine which shall

be set back an additional distance at least equal to the area of a circle with a radius of one and

one-tenth (1.1) times the maximum height of the turbine.

     (4) The set back area for wind turbines in subdivision (3) above shall be preserved solely

for the renewable energy facility and the production of agricultural products as long as the wind

turbine remains standing.

     2-23.3-5. Duties of the office. – (a) The office shall issue a “certificate of conformity” to

a farmer if the office determines that the proposed renewable energy facility meets the siting and

operating standards provided for in § 2-23.3-4; and qualifies as a self-generator or net-metered

project.

     (b) The certificate of conformity may include such requirements the office deems

necessary to assure that the renewable energy facility will remain in conformity with this chapter.

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     (c) The office may adopt rules and regulations to carry out the provisions of this chapter,

including establishing application requirements and reasonable licensing fees based on the size of

the proposed renewable energy facility. Such fees shall be shared equally with the municipality in

which the renewable energy facility is located.

     2-23.3-6. Applicability of other laws. – Renewable energy facilities shall be exempt

from property taxation.

     2-23.3-7. Construction. – This chapter, being necessary for the welfare of the state and

its inhabitants, shall be liberally construed so as to effectuate its purposes.

     2-23.3-8. Severability. – If any clause, sentence, paragraph, section, or part of this

chapter shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall

not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its operation

to the clause, sentence, paragraph, section, or part directly involved in the controversy in which

that judgment shall have been rendered.

     SECTION 2. Section 45-24-37 of the General Laws in Chapter 45-24 entitled "Zoning

Ordinances" is hereby amended to read as follows:

     45-24-37. General provisions -- Permitted uses. -- (a) The zoning ordinance provides a

listing of all land uses and/or performance standards for uses which are permitted within the

zoning use districts of the municipality.

      (b) Notwithstanding any other provision of this chapter, the following uses are permitted

uses within all residential zoning use districts of a municipality and all industrial and commercial

zoning use districts except where residential use is prohibited for public health or safety reasons:

      (1) Households;

      (2) Community residences; and

      (3) Family day care homes.

      (c) Any time a building or other structure used for residential purposes, or a portion of a

building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire

or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured

home or homes, as the need may be, elsewhere upon the land, for use and occupancy of the

former occupants for a period of up to twelve (12) months, or until the building or structure is

rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated

agent of the owner, is only allowed to cause the mobile and manufactured home or homes to

remain temporarily upon the land by making timely application to the local building official for

the purposes of obtaining the necessary permits to repair or rebuild the structure.

      (d) Notwithstanding any other provision of this chapter, appropriate access for people

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with disabilities to residential structures is allowed as a reasonable accommodation for any

person(s) residing, or intending to reside, in the residential structure.

      (e) Notwithstanding any other provision of this chapter, an accessory family dwelling

unit in an owner-occupied, single-family residence shall be permitted as a reasonable

accommodation only for family members with disabilities. The appearance of the structure shall

remain that of a single-family residence and there shall be an internal means of egress between

the principal unit and the accessory family dwelling unit. If possible, no additional exterior

entrances should be added. Where additional entrance is required, placement should generally be

in the rear or side of the structure. When the structure is serviced by an individual sewage

disposal system, the applicant shall have the existing or any new system approved by the

department of environmental management. The zoning enforcement officer shall require that a

declaration of the accessory family dwelling unit for the family member or members and its

restrictions be recorded in the land evidence records and filed with the zoning enforcement officer

and the building official. Once the family member or members with disabilities no longer resides

in the premises on a permanent basis, or the title is transferred, the property owner shall notify the

zoning official in writing, and the accessory family dwelling unit shall no longer be permitted,

unless there is a subsequent, valid application.

      (f) When used in this section the terms "people with disabilities" or "member or

members with disabilities" means a person(s) who has a physical or mental impairment which

substantially limits one or more major life activities, as defined in section 34-37-3 of the general

laws.

      (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted

use within all zoning districts of a municipality, including all industrial and commercial zoning

districts, except where prohibited for public health or safety reasons or the protection of wildlife

habitat.

     (h) Notwithstanding any other provisions of this chapter, renewable energy facilities

located on farms in accordance with chapter 2-23.3 are permitted uses within all zoning districts

of a municipality.

     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 AGRICULTURE AND FORESTRY - RENEWABLE ENERGY FACILITIES

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     This act would provide for the siting and operating standards for farm based renewable

energy facilities.

     This act would take effect upon passage.

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