2018 -- H 7793

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LC005014

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE RHODE ISLAND ENERGY

RESOURCES ACT

     Introduced By: Representatives Handy, Carson, Fogarty, McKiernan, and Barros

     Date Introduced: February 28, 2018

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-140 of the General Laws entitled "Rhode Island Energy

Resources Act" is hereby amended by adding thereto the following section:

     42-140-11. Renewable energy siting.

     (a) Purpose. The purpose of this section shall be to provide for the establishment of

renewable energy siting ordinances in all cities and towns in the state of Rhode Island as a means

of achieving the renewable energy and greenhouse gas reduction goals of the state, while

promoting equity and protecting natural resources.

     (b) Definitions. For the purposes of this section, "renewable energy resources" means and

includes technologies and energy sources as set forth in § 39-26-5 of a size no greater than forty

megawatts (40 MW) of nameplate capacity.

     (c) Renewable Energy Siting. (1) No later than July 1, 2019, all cities and towns in the

state of Rhode Island shall have adopted a local renewable energy siting ordinance or ordinances

that meet(s) the guidance and standards as set forth in this section for wind and solar energy

production. An extension to this deadline shall be automatically provided due to any delay in

establishing said guidance and standards for the siting of alternative energy systems, and the

period of the extension shall be at least six (6) months from the date of completion of any

guidance and standards promulgated pursuant to this subsection.

     (2) All municipalities that have adopted or are currently developing renewable energy

siting ordinances shall file such renewable energy siting ordinances with the office of energy

resources for review to verify that such ordinances are consistent with state renewable energy law

and programs. The office of energy resources, in consultation with the division of statewide

planning, shall review all such ordinances prior to a public hearing for adoption by a

municipality, to confirm that such ordinances are consistent with state renewable energy law and

programs and do not unreasonably deny constituents access to state renewable energy programs.

The office of energy resources shall notify the municipal clerk within forty-five (45) days

whether their renewable energy siting ordinances are consistent with state renewable energy law

and programs.

     (d) Office of energy resources working group. The office of energy resources shall

establish a working group to develop guidance, standards, and model ordinances for use by

municipalities in order to provide for the development of wind and solar energy as a means to

achieve the state renewable energy and greenhouse gas reduction goals while promoting equity

and protecting natural resources.

     (e) The working group shall consist of the following members to be appointed by the

commissioner:

     (1) An individual from an organization representing municipal interests;

     (2) Three (3) individuals who are representatives of three (3) municipalities from rural

areas;

     (3) Three (3) individuals who are representatives of three (3) municipalities from coastal

areas;

     (4) Three (3) individuals who are representatives of three (3) municipalities from urban

areas;

     (5) Two (2) individuals with expertise in state and federal renewable energy law and

programs;

     (6) Two (2) individuals representing renewable energy development interests;

     (7) Two (2) individuals representing conservation and environmental interests; and

     (8) One individual representing environmental justice interests.

     (f) The office of energy resources shall host a minimum of four (4) public meetings in the

development of a renewable energy siting guidance and model ordinances. The guidance and

model ordinances shall be finalized by January 1, 2019. In developing the guidance, the office of

energy resources and working group shall consider climate change, reducing renewable project

development costs, the guidance provided by stakeholders and adopted by the public utilities

commission in docket 4600, and a consideration of the uniqueness of each municipality's

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conservation areas, open space, farmland, historic districts, and the role these features play in

both economic development and quality of life, and any other relevant matters.

     (g) The office of energy resources, in coordination with the working group, established

pursuant to this section shall evaluate existing state renewable energy procurement laws and other

relevant policies to assess and identify economic and other incentives to enhance the siting of

renewable energy on industrial and business zoned land as well as on roof tops, landfills,

brownfields, gravel pits and superfund sites by June 2019.

     (h) Technical Assistance. The office of energy resources shall provide technical

assistance upon request to any municipality in the development of its pathway to thoughtfully and

strategically achieve the state renewable energy and greenhouse gas reduction goals while

promoting equity and protecting natural resources. The office of energy resources shall provide

technical assistance upon request to any municipality in the development of its wind and or solar

energy siting ordinance.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE RHODE ISLAND ENERGY

RESOURCES ACT

***

     This act would require, by July 1, 2019, the establishment of renewable energy siting

ordinances in all cities and towns which would meet the standards set by a working group within

the office of energy resources.

     This act would take effect upon passage.

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