Chapter 391

2007 -- H 6255

Enacted 07/07/07





     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

exceed the 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.