STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING ACT, the official text

H7068 2026 -- H 7068 ======== LC003444 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING ACT Introduced By: Representatives Solomon, Casey, Carson, Speakman, and Boylan Date Introduced: January 14, 2026 Referred To: House Corporations It is enacted by the General Assembly as follows: 1 SECTION 1. Sections 42-98-3 and 42-98-8 of the General Laws in Chapter 42-98 entitled 2 Energy Facility Siting Act are hereby amended to read as follows: 3 42-98-3. Definitions. 4 As used in this chapter: 5 (a) (1) “Advanced conductor” means an electric conductor that has a direct current electrical 6 resistance at least ten percent (10%) lower than existing conductors of a similar diameter on the 7 system. 8 (2) “Advanced power flow control” means hardware and/or software used to reroute 9 electricity from overloaded transmission lines to underutilized transmission or distribution 10 corridors by adjusting circuit impedance. 11 (3) “Agency” means any agency, council, board, or commission of the state or political 12 subdivision of the state. 13 (b) (4) “Alteration” means a significant modification to a major energy facility, which, as 14 determined by the board, will result in a significant impact on the : (i) The environment , or the ; The 15 public health, safety, and welfare ; or (iii) Transmissions costs to ratepayers . Conversion from one 16 type of fuel to another shall not be considered to be an “alteration.” 17 (c) (5) “Board” for purposes of this chapter refers to the siting board. 18 (d) (6) “Clean coal technology” means one of the technologies developed in the clean coal 1 technology program of the United States Department of Energy, and shown to produce emissions 2 levels substantially equal to those of natural gas fired power plants. 3 (7) “Dynamic line rating” means hardware and/or software used to calculate the updated 4 thermal limits of distribution or transmission lines using real-time and forecasted weather 5 conditions. 6 (8) “Energy storage as a distribution or transmission asset” means a resource capable of 7 receiving energy from the transmission or distribution system and storing it for later injection of 8 energy back into the transmission or distribution system. 9 (9) Grid-enhancing technology means any hardware or software technology that enables 10 enhanced or more efficient flow of electricity across the existing electric transmission and 11 distribution system infrastructure and rights of way, which includes, but is not limited to, dynamic 12 line rating, advanced power flow control, reconductoring and rebuilding with advanced conductors, 13 topology optimization and energy storage when used as a distribution or transmission asset. 14 (e) (10) “Major energy facility” means facilities for the extraction, production, conversion, 15 and processing of coal; facilities for the generation of electricity designed or capable of operating 16 at a gross capacity of forty megawatts (40 MW) or more; transmission lines of sixty-nine (69) Kv 17 or over; facilities for the conversion, gasification, treatment, transfer, or storage of liquefied natural 18 and liquefied petroleum gases; facilities for the processing, enrichment, storage, or disposal of 19 nuclear fuels or nuclear byproducts; facilities for the refining of oil, gas, or other petroleum 20 products; facilities of ten megawatts (10 MW) or greater capacity for the generation of electricity 21 by water power, and facilities associated with the transfer of oil, gas, and coal via pipeline; any 22 energy facility project of the Rhode Island commerce corporation; the board may promulgate 23 regulations to further define “major energy facility” to the extent further definition is required to 24 carry out the purpose of this chapter, provided that any waste to energy facility shall not be deemed 25 a major energy facility for the purposes of this chapter. 26 (11) “Reconductoring” means the process of installing advanced conductors in place of the 27 legacy conductors, including structure rehabilitation as needed. 28 (12) “Topology optimization” means software that identifies reconfigurations of the 29 transmission grid to reroute electricity from overloaded or congested lines to underutilized 30 corridors. 31 42-98-8. Applications — Contents — Acceptance for filing. 32 (a) The rules and regulations promulgated by the board pursuant to § 42-98-7(c) shall 33 prescribe the form and contents of applications under this chapter. The applications shall contain 34 at least the following, where applicable: LC003444 - Page 2 of 6 1 (1) Identification of the proposed owner(s) of the facility, including identification of all 2 affiliates of the proposed owners, as the term is defined in § 39-3-27. 3 (2) Detailed description of the proposed facility, including its function and operating 4 characteristics, and complete plans as to all structures, including underground construction and 5 transmission facilities, underground or aerial, associated with the proposed facility. 6 The complete plans shall be the basis for determining jurisdiction under the energy facility 7 siting act and shall be the plans submitted to all agencies whose permit is required under the law. 8 (3) (i) A detailed description and analysis of the impact of the proposed facility on its 9 physical and social environment together with a detailed description of all environmental 10 characteristics of the proposed site, and a summary of all studies prepared and relied upon in 11 connection therewith. In considering and issuing a decision, the board shall consider the net-zero 12 mandate of chapter 6.2 of title 42 ( 2021 act on climate ), and how the project may advance or 13 delay the greenhouse gas emissions reductions set forth in that chapter. The board may also 14 consider other reasonably foreseeable climate change impacts, including other pollutant emissions 15 known to have negative health impacts, predicted sea level rise, coastal and inland flooding, and 16 other disproportionate adverse effects on a specific geographical area. 17 (ii) Where applicable these descriptions and analysis shall include a review of current 18 independent, scientific research pertaining to electric and magnetic fields (EMF). The review shall 19 provide data assessing potential health risks associated with EMF exposure. For the purposes of 20 this chapter “prudent avoidance” shall refer to measures to be implemented in order to protect the 21 public from EMF exposure. 22 (4) All studies and forecasts, complete with the information, data, methodology, and 23 assumptions on which they are based, on which the applicant intends to rely in showing the need 24 for the proposed facility under the statewide master construction plan submitted annually. 25 (5) Complete detail as to the estimated construction cost of the proposed facility, the 26 projected maintenance and operation costs, estimated costs to the community such as safety and 27 public health issues, storm damage and power outages, estimated costs to businesses and 28 homeowners due to power outages, the estimated unit cost of energy to be produced by the proposed 29 facility, and expected methods of financing the facility. 30 (6) A complete life-cycle management plan for the proposed facility, including measures 31 for protecting the public health and safety and the environment during the facility’s operations, 32 including plans for the handling and disposal of wastes from the facility, and plans for the 33 decommissioning of the facility at the end of its useful life. 34 (7) A study of alternatives to the proposed facility, including alternatives as to energy LC003444 - Page 3 of 6 1 sources, methods of energy production, and sites for the facility, together with reasons for the 2 applicant’s rejection of these alternatives. The study shall include estimates of facility cost and unit 3 energy costs of alternatives considered. The study shall give due consideration to advanced 4 conductors, grid-enhancing technologies, and non-wires or non-pipeline alternatives in order to 5 avoid or minimize expenditures and/or maximize cost-effectiveness. 6 (8) Applicants shall further indicate that for transmission line infrastructure, they have 7 sufficiently considered routes that make use of existing rights of way in the state. The board may 8 expedite the licensing process for transmission lines utilizing existing rights-of-way. If applicants 9 do not intend to make use of existing rights-of-way, or did not consider them, they shall explain 10 the reasoning of that decision. 11 (9) Applicants shall further describe, where applicable, the degree to which a transmission 12 project(s) fulfills an identified need at a regional level, including any studies, forecasts, and other 13 evidence demonstrating consistency and alignment with relevant regional grid planning processes, 14 and including any “right-sizing” analyses done to confirm that the project could or could not be 15 modified to meet a regional need. To the extent a project does not fulfill a regional need, applicants 16 shall describe and justify the continued need for the project absent a regional need. The rules and 17 regulations promulgated by the board pursuant to § 42-98-7 may identify how the fulfillment of 18 any such regional needs are to be weighed alongside Rhode Island-specific needs. 19 (b) Within thirty (30) days of the filing of an applicant under this chapter, the board shall 20 notify the applicant whether the application is in the form and addresses the matters that are required 21 by this section and the rules and regulations as are promulgated pursuant to § 42-98-7. An 22 application meeting these requirements shall then be docketed. Any application deemed to be 23 deficient shall be returned to the applicant, together with a concise and explicit statement of the 24 application’s deficiencies. Within fifteen (15) days of the resubmission of an application following 25 a rejection for deficiency, the board shall docket the application together with specification of 26 continuing deficiencies noted by the board, if any. 27 SECTION 2. Section 39-25-3 of the General Laws in Chapter 39-25 entitled Electric 28 Transmission Siting and Regulatory Act is hereby amended to read as follows: 29 39-25-3. Regulations on construction of high-voltage lines. 30 The energy facility siting board established under § 42-98-5 is hereby authorized and 31 directed to establish rules and regulations governing construction within the state of high-voltage 32 transmission lines of sixty-nine (69) kV or greater , including the replacement, rebuild or expansion 33 of existing transmission line infrastructure . LC003444 - Page 4 of 6 1 SECTION 3. This act shall take effect upon passage. ======== LC003444 ======== LC003444 - Page 5 of 6 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING ACT *** 1 This act would expand the review and oversight of regional transmission spending by the 2 energy facilities siting board. 3 This act would take effect upon passage. ======== LC003444 ======== LC003444 - Page 6 of 6