2019 -- S 0661 SUBSTITUTE A

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LC002060/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DISTRIBUTED GENERATION

INTERCONNECTION

     

     Introduced By: Senators Sosnowski, McCaffrey, Conley, Lombardo, and Coyne

     Date Introduced: March 21, 2019

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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

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

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     42-140-11.1. Comprehensive solar energy siting ordinances by municipalities.

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     (a) No later than April 30, 2020, all cities and towns shall each have adopted or updated

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existing comprehensive solar siting ordinances addressing roof, carport and ground mounted solar

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systems.

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     (b) Municipalities shall provide their first-time or updated draft comprehensive solar

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siting ordinances to the office of energy resources and the division of statewide planning no later

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than January 31, 2020, for the state agencies to review. The office of energy resources shall notify

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the municipal official within five (5) business days of receipt of the drafted or updated ordinance

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and shall provide written feedback to the municipality within thirty (30) business days. The office

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of energy resources shall review drafted ordinances in coordination with the state building code

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commission and fire safety code board of appeal to ensure consistency with state building,

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electric and fire code law as defined in § 23-27.3 and the state’s renewable energy generation and

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interconnection laws as defined in chapters 26, 26.3, 26.4 and 26.6 of title 39.

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     (c) A municipality which does not adopt a comprehensive solar siting ordinance by April

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30, 2020, may be denied access to the state renewable energy growth and renewable energy fund

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programs that are associated with solar systems that are twenty-five kilowatts (25kw) or higher

 

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until the municipality has adopted a comprehensive solar siting ordinance.

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     (d) The determination on access to the state renewable programs associated with solar

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systems shall be made by the commissioner of the office of energy resources in consultation with

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the division of statewide planning. The determination by the office of energy resources shall be

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limited to whether the new or updated comprehensive solar siting ordinance is consistent with

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state building, electrical and fire codes and renewable generation laws and regulations. In order

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to avoid losing access to the state renewable energy programs associated with solar systems the

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municipality shall submit an explanation for delay in adopting or updating its comprehensive

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solar siting ordinance to the office of energy resources and division of statewide planning within

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forty-five (45) business days of the April 30, 2020, deadline, with an actionable plan to adopt a

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comprehensive solar siting ordinance. This section shall not apply to any projects or active

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systems that have submitted interconnection applications or have been awarded tariffs or grants

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by the state or electric distribution company on or before April 30, 2020.

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     (e) All adopted municipal comprehensive solar siting ordinances shall be posted on the

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office of energy resources’ website. Any updates made by a municipality to its comprehensive

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solar siting ordinance in the future shall be provided to the office of energy resources for posting

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within thirty (30) days of passage of ordinance updates by the municipality.

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     (f) The office of energy resources shall maintain and publish a list of municipalities in

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compliance with this section and those that are not in compliance. The list shall be sent to the

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governor, the president of the senate, and the speaker of the house by May 15, 2020.

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     42-140-11.2. Technical assistance to municipalities.

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     The office of energy resources and division of statewide planning shall, upon request,

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provide technical assistance to any municipality in the development of its renewable energy siting

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ordinances.

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     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 PUBLIC UTILITIES AND CARRIERS -- DISTRIBUTED GENERATION

INTERCONNECTION

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     This act would require municipalities to adopt comprehensive solar siting ordinances

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addressing both roof, carport and ground mounted solar systems.

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     This act would take effect upon passage.

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