AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENERGY FACILITY SITING ACT (Removes clean coal as a renewable fuel given priority as an energy generation project.)

S2351

2026 -- S 2351
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LC004733
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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:
Senators Gu, DiMario, Zurier, Britto, Urso, and Bell

Date Introduced:
January 30, 2026

Referred To:
Senate Environment & Agriculture
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 42-98-2 and 42-98-3 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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42-98-2. Declaration of policy.
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It shall be the policy of this state to assure that:
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(1) The facilities required to meet the energy needs of this and succeeding generations of
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Rhode Islanders are planned for, considered, and built in a timely and orderly fashion;
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(2) Construction, operation, and/or alteration of major energy facilities shall only be
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undertaken when those actions are justified by long term state and/or regional energy need
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forecasts;
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(3) The energy shall be produced at the least possible cost to the consumer consistent with
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the objective of ensuring that the construction, operation, and decommissioning of the facility shall
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produce the fewest possible adverse effects on the quality of the state’s environment; most
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particularly, its land and its wildlife and resources, the health and safety of its citizens, the purity
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of its air and water, its aquatic and marine life, and its esthetic and recreational value to the public;
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(4) The licensure and regulatory authority of the state be consolidated in a single body,
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which will render the final licensing decision concerning the siting, construction, operation, and/or
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alteration of major energy facilities;
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(5) An energy facility planning process shall be created through which the statewide

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planning program, in conjunction with the division of public utilities and carriers, will be
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empowered to undertake evaluations and projections of long and short term energy needs, and any
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other matters that are necessary to establish the state energy plans, goals, and policies. The state
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planning council shall be authorized and empowered to adopt a long term plan assessing the state’s
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future energy needs and the best strategy for meeting them, as part of the state guide plan by January
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1, 1991.
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(6) The construction, operation, and/or alteration of major energy facilities shall be
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consistent with the state’s established energy plans, goals, and policy.
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(7) Before approving the construction, operation, and/or alteration of major energy
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facilities, the board shall determine whether cost-effective efficiency and conservation
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opportunities provide an appropriate alternative to the proposed facility.
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(8) The energy facilities siting board shall give priority to energy generation projects based
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on the degree to which such projects meet criteria including, but not limited to:
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(i) Using renewable fuels
,

or
natural gas
, or coal processed by “clean coal technology”
as
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their primary fuel;
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(ii) Maximizing efficiency;
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(iii) Using low levels of high-quality water;
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(iv) Using existing energy-generation facilities and sites;
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(v) Producing low levels of potentially harmful air emissions;
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(vi) Producing low levels of wastewater discharge;
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(vii) Producing low levels of waste into the solid waste stream; and
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(viii) Having dual fuel capacity.
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The board shall, within its rules and regulations, provide guidelines and definitions of
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appropriate standards for the criteria designated in this subsection (8) by January 1, 1991.
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42-98-3. Definitions.
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(a) “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) “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 environment, or the public health,
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safety, and welfare. Conversion from one type of fuel to another shall not be considered to be an
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“alteration.”
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(c) “Board” for purposes of this chapter refers to the siting board.
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(d)
“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

LC004733 - Page 2 of 4
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levels substantially equal to those of natural gas fired power plants.
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(e) “Major energy facility” means facilities for the extraction, production, conversion, and
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processing of coal; facilities for the generation of electricity designed or capable of operating at a
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gross capacity of forty megawatts (40 MW) or more; transmission lines of sixty-nine (69) Kv or
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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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SECTION 2. 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 remove clean coal as a renewable fuel given priority as an energy generation
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project.
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This act would take effect upon passage.
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LC004733
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