Chapter
575
2006 -- S 2277 SUBSTITUTE A
Enacted 07/14/06
A N A
C T
RELATING TO STATE
AFFAIRS AND GOVERNMENT –
ENERGY FACILITY
SITING ACT
Introduced By: Senators
Lenihan, Sheehan, and Sosnowski
Date Introduced: February
02, 2006
It is
enacted by the General Assembly as follows:
SECTION
1. Section 42-98-9.1 of the General Laws in Chapter 42-98 entitled "Energy
Facility
Siting Act" is hereby amended to read as follows:
42-98-9.1.
Public notice and hearings on construction projects in cities and towns
affected.
-- (a) Upon receiving a utility
company application the board shall immediately notify,
in
writing, the councils of the towns and cities affected by the construction.
(b) The board shall have at least one public hearing in each town or city
affected prior to
holding
its own hearings and prior to taking final action on the application. All
details of
acceptance
for filing in section 42-98-8(a)(1)--(a)(6) shall be presented at town or city
hearings
for public
comment. When the subject of the application is a facility for the generation
of
electricity,
or new facilities for the transmission of electricity, the town or city
where the
proposed
facility would be located may request funding from the applicant to perform
studies of
the
local environmental effects of the proposed facility. The expense of those
studies shall not
exceed
the lesser of $100,000 or one-tenth percent (.1%) of the estimated capital cost
of the
proposed
facility located in such city or town. If the applicant contests the
relevance of the
requested
study, or believes it to be redundant with studies already performed, the
applicant may
request
a ruling from the board whether the study is necessary and reasonably expected
to
produce
relevant information. The Board's ruling shall be conclusive and final, and
shall not be
the
basis for an interlocutory appeal, injunction or otherwise delay the board's
processing of the
application.
(c) The applicant shall notify the citizens in towns and cities affected thirty
(30) days
prior to
public meetings through local papers.
(d) The applicant shall notify abutting land owners individually in writing
thirty (30)
days
prior to the hearings, by certified mail, postage prepaid.
(e) Public input shall be a part of the decision making process.
SECTION
2. This act shall take effect upon passage.
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LC01354/SUB A
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