Chapter 306
2011 -- H 5938
Enacted 07/12/11
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT -- RENEWABLE ENERGY COORDINATING BOARD
Introduced By: Representatives Ruggiero, Handy, Chippendale, Blazejewski, and
Cimini
Date
Introduced: March 17, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Title 42 of the General Laws entitled "STATE
AFFAIRS AND
GOVERNMENT" is hereby
amended by adding thereto the following chapter:
CHAPTER
140.3
THE
42-140.3-1.
Short title. – This chapter shall be known and
may be cited as “The Rhode
42-140.3-2.
Legislative findings. – The general assembly
finds that:
(1 Energy is
essential to the economy of
welfare of the people of the state;
(2) The development
of renewable energy will reduce the environmental impact of Rhode
Island’s energy consumption while creating new
businesses, employment opportunities, and
economic growth;
(3) The state has a
responsibility to effectively implement renewable energy policies and
ensure the efficient use of state resources;
(4)
and an organizational structure responsible for
coordinating the implementation of the state’s
renewable energy policies.
42-140.3-3.
Definitions. – When used in this chapter, the
following terms shall have the
following meanings:
(1) “Board” means the
under section 42-140.3-4;
(2) “Renewable
energy” means energy produced from eligible renewable energy
resources as defined in section 39-26-5;
(3) “Renewable energy
policies” means
defined in section 42-140.3-11;
(4) “State agencies”
means state entities responsible for the implementation of Rhode
Island’s renewable energy policies, deemed to include,
but not be limited to: (i) The
office of
energy resources; (ii) The economic development corporation;
(iii) The department of
administration’s division of planning; (iv) The department of environmental
management; (v)
The coastal resources management council; (vi) The energy facility siting
board; (vii) The public
utilities commission; (viii) The division of public utilities;
and (ix) The energy efficiency and
resources management council.
(5) “Strategic plan”
means the strategic renewable energy implementation plan
established under section 42-140.3-8.
42-140.3-4.
Establishment of the board. – There is hereby
authorized, created and
established a board to be known as “The
with the powers and duties set forth in this chapter.
42-140.3-5.
Composition of the board. – (a) The board shall have five (5) members: (1)
The director of the department of administration, who shall
serve as chairperson of the board; (2)
The commissioner of the office of energy resources;
(3) The executive director of the economic
development corporation; (4) The director of the department of
environmental management; and
(5) The director of the coastal resources management
council. Any member of the board may
appoint a designee from his or her respective agency to
represent him/her on the board.
(b)
Three (3) members shall constitute a quorum. A majority vote of the board shall
be
required for all recommendations, advice, and approvals of the
board in accordance with this
chapter.
42-140.3-6.
Duties of the board. – The board shall:
(1) Develop and
maintain the strategic plan in accordance with section 42-140.3-8.
(2) Issue the
strategic plan biannual report in accordance with subsection 42-140.3-8(e).
(3) Issue
recommendations as necessary to state agencies and cities and towns.
(4) Advise the
governor and general assembly with regard to renewable energy
development in
(5) Provide a forum
for discussion of issues relating to renewable energy development in
(6) Make available to the public all information about activities
of the board.
42-140.3-7. Powers
of the board. – To effectuate its duties, the board shall have the
power to:
(1) Adopt and amend
bylaws.
(2) Receive staff and
administrative support from the department of administration.
(3) Hold public
meetings at least quarterly and at the call of the chairperson or three (3)
board members, in order to: (i)
Develop and maintain the strategic renewable energy plan; (ii)
Develop reports and issue recommendations; (iii)
Receive testimony from the public and other
interested parties.
(4) Hold public
meetings at least twice each year with the
and resources management council.
(5) Engage any consultants
or expert witnesses that it deems necessary to implement its
statutory responsibilities; provided, however, that to the
maximum extent possible, the board shall
utilize staff from state agencies.
(6) Establish and
maintain a website with information on all activities of the board.
(7) Comment on
legislation pending before the general assembly.
42-140.3-8.
Strategic renewable energy implementation plan. – (a)
The board shall
develop and recommend a strategic renewable energy implementation
plan to promote the
development of renewable energy resources in
(b) The strategic
plan shall: (1) Coordinate the short and long-term implementation of
renewable energy policies by state agencies; (2) Assess and
include recommendations to realize
the potential of renewable energy development to create
new businesses, employment
opportunities, and industries in
appropriate by the board to advance renewable energy development
in
(c) The board may
incorporate into the strategic plan the reports and findings of state
agencies including, but not limited to, the results of any
special area management plans.
(d) On or before
November 15, 2011, the board shall adopt the strategic plan. The board
may amend the strategic plan as necessary.
(e) On March 15 and
September 15 of each year, commencing in 2012, the board shall
issue the strategic plan biannual report, which shall be
made available to the public and
transmitted to the governor; the senate president; the speaker of
the house; and state agencies. The
strategic plan biannual report shall:
(1) Assess compliance
with the strategic plan by state agencies and cities and towns;
(2) Evaluate the effectiveness of state renewable energy
policies;
(3) Analyze the
structure and sources of public funding for renewable energy
development;
(4) Evaluate the
extent to which public funding for renewable energy development is
allocated to energy efficient projects;
(5) As necessary,
make recommendations to state agencies and cities and towns; and
(6) As necessary,
make recommendations for legislative action relating to renewable
energy development and financing.
42-140.3-9.
Renewable energy facility siting guidelines.
– The board shall:
(1) As a component of
the strategic plan, adopt and amend as necessary the renewable
energy facility siting standards
and guidelines promulgated by the division of planning under
section 42-11-10.
(2) Monitor the
adoption of renewable energy siting ordinances by
cities and towns.
(3) Communicate with
towns and cities to encourage and facilitate the adoption of
recommended renewable energy siting
ordinances.
42-140.3-10.
Advisory Council. – (a) The
board advisory council is hereby established to advise the
board on matters pertaining to the
board’s duties and powers.
(b) The advisory
council shall have (15) members. Each board member shall select three
(3) advisory council members,
provided that the advisory council includes members with
experience in the following areas: (1) Renewable energy
development; (2) Energy regulation and
law; (3) Environmental issues pertaining to renewable
energy; (4) Business association or
chamber of commerce; (5) Green trades; (6) Residential energy
consumers; (7) Low-income
energy consumers; (8) Small business relating to renewable
energy; and (9)
Commercial/industrial energy consumers. If an advisory council member resigns from his or her
position, the board member responsible for the selection of
that advisory council member shall
select his or her replacement in accordance with the
experience requirements stipulated in this
section.
42-140.3-11.
Renewable energy policies. –
shall be deemed to include, but not be limited to, the
following statutes:
(1) 39-1 Public
utilities commission;
(2) 39-1-3 Commission
and division established–Functions of commission–Administrator;
Commission and division established–Functions of
commission–Administrator;
(3) 42-140
(4) 42-140.1 The
(5) 42-64-13.2
Renewable energy investment coordination;
(6) 42-98 Energy
facility siting act;
(7) 39-26 Renewable
energy standard;
(8) 39-1-27.7 System
reliability and least-cost procurement;
(9) 39-1-27.8 Supply
procurement portfolio;
(10) 39-2-1.2 Utility
base rate–Advertising, demand side management and renewables;
(11) 39-26-4
Renewable energy standard;
(12) 39-26-6 Duties
of the commission;
(13) 39-26.1
Long-Term contracting standard for renewable energy;
(14) 39-26.1-3
Long-term contract standard;
(15) 39-26-7
Renewable energy development fund;
(16) 44-57
Residential renewable energy system tax credit;
(17) 44-18-30 Sales
and use taxes–Liability and computation;
(18) 44-3-21
Renewable energy systems–Exemption;
(19) 23-82
Implementation of regional greenhouse gas initiative act;
(20) 42-11-10 Statewide planning program;
(21) 37-7-9
Concessions, leases, and licenses–Reports;
(22) 46-23 Coastal
resources management council;
(23) 42-140.2
Distributed generation.
42-140.3-12.
Applicability of other laws. – The board shall
be subject to the provisions
of chapter 38-2, access to public records act, and
chapter 42-46, open meetings act.
42-140.3-13.
Severability. – If any provision of this
chapter or the application of this
chapter to any person or circumstances is held invalid, the
invalidity shall not affect other
provisions or applications of the chapter, which can be given effect
without the invalid provision
or application, and to this end the provisions of this
chapter are declared to be severable.
SECTION 2. This act shall take effect upon passage.
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LC02183
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