2007 -- H 6255
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING ACT
Introduced By: Representative Gordon D. Fox
Date Introduced: April 05, 2007
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
greater lesser of one
hundred thousand dollars ($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.