AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING ACT (Expands the review and oversight of regional transmission spending by the energy facilities siting board.)

H7068

2026 -- H 7068
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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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:
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SECTION 1. Sections 42-98-3 and 42-98-8 of the General Laws in Chapter 42-98 entitled
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"Energy Facility Siting Act" are hereby amended to read as follows:
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42-98-3. Definitions.
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As used in this chapter:
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(a)
(1) “Advanced conductor” means an electric conductor that has a direct current electrical
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resistance at least ten percent (10%) lower than existing conductors of a similar diameter on the
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system.
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(2) “Advanced power flow control” means hardware and/or software used to reroute
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electricity from overloaded transmission lines to underutilized transmission or distribution
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corridors by adjusting circuit impedance.
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(3)
“Agency” means any agency, council, board, or commission of the state or political
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subdivision of the state.
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(b)
(4)
“Alteration” means a significant modification to a major energy facility, which, as
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determined by the board, will result in a significant impact on
the
: (i) The
environment
, or the
; The

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public health, safety, and welfare
; or (iii) Transmissions costs to ratepayers
. Conversion from one
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type of fuel to another shall not be considered to be an “alteration.”
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(c)
(5)
“Board” for purposes of this chapter refers to the siting board.
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(d)
(6)
“Clean coal technology” means one of the technologies developed in the clean coal

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technology program of the United States Department of Energy, and shown to produce emissions
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levels substantially equal to those of natural gas fired power plants.
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(7) “Dynamic line rating” means hardware and/or software used to calculate the updated
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thermal limits of distribution or transmission lines using real-time and forecasted weather
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conditions.
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(8) “Energy storage as a distribution or transmission asset” means a resource capable of
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receiving energy from the transmission or distribution system and storing it for later injection of
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energy back into the transmission or distribution system.
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(9) "Grid-enhancing technology" means any hardware or software technology that enables
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enhanced or more efficient flow of electricity across the existing electric transmission and
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distribution system infrastructure and rights of way, which includes, but is not limited to, dynamic
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line rating, advanced power flow control, reconductoring and rebuilding with advanced conductors,
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topology optimization and energy storage when used as a distribution or transmission asset.
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(e)
(10)
“Major energy facility” means facilities for the extraction, production, conversion,
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and processing of coal; facilities for the generation of electricity designed or capable of operating
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at a gross capacity of forty megawatts (40 MW) or more; transmission lines of sixty-nine (69) Kv
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or over; facilities for the conversion, gasification, treatment, transfer, or storage of liquefied natural
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and liquefied petroleum gases; facilities for the processing, enrichment, storage, or disposal of
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nuclear fuels or nuclear byproducts; facilities for the refining of oil, gas, or other petroleum
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products; facilities of ten megawatts (10 MW) or greater capacity for the generation of electricity
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by water power, and facilities associated with the transfer of oil, gas, and coal via pipeline; any
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energy facility project of the Rhode Island commerce corporation; the board may promulgate
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regulations to further define “major energy facility” to the extent further definition is required to
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carry out the purpose of this chapter, provided that any waste to energy facility shall not be deemed
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a major energy facility for the purposes of this chapter.
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(11) “Reconductoring” means the process of installing advanced conductors in place of the
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legacy conductors, including structure rehabilitation as needed.
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(12) “Topology optimization” means software that identifies reconfigurations of the
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transmission grid to reroute electricity from overloaded or congested lines to underutilized
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corridors.
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42-98-8. Applications — Contents — Acceptance for filing.
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(a) The rules and regulations promulgated by the board pursuant to § 42-98-7(c) shall
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prescribe the form and contents of applications under this chapter. The applications shall contain
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at least the following, where applicable:

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(1) Identification of the proposed owner(s) of the facility, including identification of all
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affiliates of the proposed owners, as the term is defined in § 39-3-27.
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(2) Detailed description of the proposed facility, including its function and operating
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characteristics, and complete plans as to all structures, including underground construction and
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transmission facilities, underground or aerial, associated with the proposed facility.
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The complete plans shall be the basis for determining jurisdiction under the energy facility
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siting act and shall be the plans submitted to all agencies whose permit is required under the law.
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(3)
(i)
A detailed description and analysis of the impact of the proposed facility on its
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physical and social environment together with a detailed description of all environmental
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characteristics of the proposed site, and a summary of all studies prepared and relied upon in
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connection therewith.
In considering and issuing a decision, the board shall consider the net-zero
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mandate of chapter 6.2 of title 42 ("2021 act on climate"), and how the project may advance or
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delay the greenhouse gas emissions reductions set forth in that chapter. The board may also
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consider other reasonably foreseeable climate change impacts, including other pollutant emissions
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known to have negative health impacts, predicted sea level rise, coastal and inland flooding, and
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other disproportionate adverse effects on a specific geographical area.
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(ii)
Where applicable these descriptions and analysis shall include a review of current
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independent, scientific research pertaining to electric and magnetic fields (EMF). The review shall
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provide data assessing potential health risks associated with EMF exposure. For the purposes of
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this chapter “prudent avoidance” shall refer to measures to be implemented in order to protect the
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public from EMF exposure.
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(4) All studies and forecasts, complete with the information, data, methodology, and
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assumptions on which they are based, on which the applicant intends to rely in showing the need
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for the proposed facility under the statewide master construction plan submitted annually.
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(5) Complete detail as to the estimated construction cost of the proposed facility, the
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projected maintenance and operation costs, estimated costs to the community such as safety and
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public health issues, storm damage and power outages, estimated costs to businesses and
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homeowners due to power outages, the estimated unit cost of energy to be produced by the proposed
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facility, and expected methods of financing the facility.
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(6) A complete life-cycle management plan for the proposed facility, including measures
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for protecting the public health and safety and the environment during the facility’s operations,
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including plans for the handling and disposal of wastes from the facility, and plans for the
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decommissioning of the facility at the end of its useful life.
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(7) A study of alternatives to the proposed facility, including alternatives as to energy

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sources, methods of energy production, and sites for the facility, together with reasons for the
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applicant’s rejection of these alternatives. The study shall include estimates of facility cost and unit
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energy costs of alternatives considered.
The study shall give due consideration to advanced
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conductors, grid-enhancing technologies, and non-wires or non-pipeline alternatives in order to
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avoid or minimize expenditures and/or maximize cost-effectiveness.
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(8) Applicants shall further indicate that for transmission line infrastructure, they have
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sufficiently considered routes that make use of existing rights of way in the state. The board may
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expedite the licensing process for transmission lines utilizing existing rights-of-way. If applicants
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do not intend to make use of existing rights-of-way, or did not consider them, they shall explain
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the reasoning of that decision.
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(9) Applicants shall further describe, where applicable, the degree to which a transmission
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project(s) fulfills an identified need at a regional level, including any studies, forecasts, and other
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evidence demonstrating consistency and alignment with relevant regional grid planning processes,
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and including any “right-sizing” analyses done to confirm that the project could or could not be
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modified to meet a regional need. To the extent a project does not fulfill a regional need, applicants
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shall describe and justify the continued need for the project absent a regional need. The rules and
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regulations promulgated by the board pursuant to § 42-98-7 may identify how the fulfillment of
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any such regional needs are to be weighed alongside Rhode Island-specific needs.
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(b) Within thirty (30) days of the filing of an applicant under this chapter, the board shall
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notify the applicant whether the application is in the form and addresses the matters that are required
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by this section and the rules and regulations as are promulgated pursuant to § 42-98-7. An
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application meeting these requirements shall then be docketed. Any application deemed to be
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deficient shall be returned to the applicant, together with a concise and explicit statement of the
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application’s deficiencies. Within fifteen (15) days of the resubmission of an application following
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a rejection for deficiency, the board shall docket the application together with specification of
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continuing deficiencies noted by the board, if any.
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SECTION 2. Section 39-25-3 of the General Laws in Chapter 39-25 entitled "Electric
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Transmission Siting and Regulatory Act" is hereby amended to read as follows:
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39-25-3. Regulations on construction of high-voltage lines.
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The energy facility siting board established under § 42-98-5 is hereby authorized and
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directed to establish rules and regulations governing construction within the state of high-voltage
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transmission lines of sixty-nine (69) kV or greater
, including the replacement, rebuild or expansion
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of existing transmission line infrastructure
.

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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING
ACT
***
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This act would expand the review and oversight of regional transmission spending by the
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energy facilities siting board.
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This act would take effect upon passage.
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