Chapter 565

2006 -- H 6731 SUBSTITUTE A AS AMENDED

Enacted 07/10/06

A N A C T

RELATING TO PUBLIC UTILITIES

Introduced By: Representatives Gallison, Jackson, Rice, Almeida, and Malik

Date Introduced: January 10, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-1-2.1 of the General Laws in Chapter 39-1 entitled "Public

Utilities Commission" is hereby amended to read as follows:

39-1-2.1. Presumption of in-state use or intrastate commerce upon use or

transportation of liquefied natural gas within the state. – (a) Whereas it is in the public

interest of the state that the personal safety of its inhabitants and visitors be protected, and that

property situated within the borders of the state be safeguarded, and whereas it is well known and

accepted that the use, storage, transmission, or transportation of liquefied natural gas involves an

opportunity for the cause of personal injury or property damage, the general assembly hereby

declares that the reasonable exercise of its police power for the safety and welfare of the

inhabitants and visitors of the state and for the protection of property located within the state

requires the control and regulation of the use, storage, transmission, and transportation of

liquefied natural gas. Accordingly, the use, storage, transmission, or transportation of liquefied

natural gas within the state shall raise a presumption that the liquefied natural gas is intended for

use or consumption within the state or for transmission or transportation from one place to

another within the state; and the general laws of the state applicable to public utilities and carriers

and the rules and regulations promulgated thereunder shall apply thereto. ; provided, however, (1)

That in the safety and security zone for LNG tankers in transit upon the navigable waterways of

the State of Rhode Island, established by the United States Coast Guard by 33 CFR Section

165.121, and authorized by the United States Code Title 33 Chapter 25 Section 1225, there shall

be no:

(1) LNG ships in transit must maintain an exclusion zone of two (2) miles ahead, one mile behind;

five hundred (500) yards on either on either side, and thirty (30) feet overhead clearance

within which there shall be no:   

(a) persons;

(b) piers, wharves, docks, bulkheads, or similar structures within or contiguous to

navigable structures;

(c) waterfront facilities on land located within the state of Rhode Island;

(d) flammable materials;

(e) hunting grounds or areas from which an incendiary device could be launched; or

(f) welding, torch cutting or other hotwork within such prescribed safety and security

zone.

     SECTION 2. This act shall take effect upon passage.

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LC00218/SUB A

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