Public Utilities and Carriers

Public Utilities Commission

SECTION 39-1-2.1

§ 39-1-2.1. Presumption of in-state use or intrastate commerce upon use or transportation of liquefied natural gas within the state.

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 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.

History of Section.
(P.L. 1976, ch. 270, § 1; P.L. 2006, ch. 565, § 1.)