State Affairs and Government

Energy Facility Siting Act

SECTION 42-98-10

§ 42-98-10. Agency procedures – Advisory opinion.

(a) Each agency of the state or political subdivision of the state designated under § 42-98-9 shall proceed to consider the issue or issues consigned to it for review. Each agency shall conclude its consideration and issue its advisory opinion not more than six (6) months following its designation under § 42-98-9, or any lesser time that the board may require, or the right to exercise the function shall be forfeited to the board.

(b) Advisory opinions issued by agencies designated under § 42-98-9 shall not be considered as final decisions of the agencies making the opinions, and shall not be subject to judicial review under § 42-35-15, or any other provision of the general laws.

(c) Advisory opinions issued by zoning boards of review, building inspectors, or any other agency of a municipality designated under § 42-98-9 shall not be reviewable by the public utilities commission under § 39-1-30.

(d) Failure or refusal of the applicant to provide requested information may be considered as grounds for recommending denial.

(e) At the request of the siting board, the director of environmental management and the coastal resources management council shall give priority to the review of permits for energy facilities.

History of Section.
(P.L. 1986, ch. 531, § 1.)