Bill Sponsors
Solomon, Casey, Carson, Speakman, and Boylan
Committee
House Corporations
Summary
Select
This bill updates the regulations regarding how major energy facilities, such as power plants and transmission lines, are approved in Rhode Island. It introduces new technical definitions for modern "grid-enhancing technologies" designed to make the electric grid more efficient. When companies apply to build or modify facilities, they must now explicitly address how the project aligns with the state's climate change goals and "net-zero" emissions mandates. Additionally, applicants are required to study cost-effective alternatives, such as advanced conductors, and justify the need for the project based on regional grid requirements.
Sponsor
Analysis
Pros for Progressives
- Mandates that the Energy Facility Siting Board consider the state's "net-zero mandate" and greenhouse gas reductions, ensuring infrastructure aligns with climate justice goals.
- Explicitly permits the consideration of pollutant emissions and distinct health impacts, which helps protect vulnerable communities that often suffer disproportionately from industrial pollution.
- Promotes the use of "grid-enhancing technologies" and non-wire alternatives, which can increase efficiency and reduce the need for physically intrusive infrastructure that disrupts communities.
Cons for Progressives
- The inclusion of "transmission costs to ratepayers" as a primary factor in defining an "alteration" could potentially be used to block expensive but necessary renewable energy transition projects.
- The requirement to justify projects based on "regional need" might delay or complicate local green energy projects that are beneficial to Rhode Island but less critical to the wider region.
- While it addresses environmental impacts, the bill lacks specific language mandating community benefit agreements or union labor standards for the construction of these facilities.
Pros for Conservatives
- Mandates that applicants prioritize using existing rights-of-way, which helps protect private property owners from new land seizures or eminent domain issues.
- Requires a strict analysis of "regional need" and "right-sizing," preventing energy companies from building unnecessary infrastructure that drives up costs for consumers.
- Emphasizes "cost-effectiveness" and the impact on ratepayer transmission costs, potentially keeping monthly utility bills lower for families and businesses.
Cons for Conservatives
- Significantly expands the regulatory power of the state government by granting the Energy Facility Siting Board authority over the mere replacement or rebuilding of existing lines.
- Forces private businesses to align their operations with the state's "net-zero" climate ideology, placing environmental mandates over market-driven decisions.
- Increases the administrative burden and compliance costs for energy developers by requiring expensive new studies on technologies and regional planning.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Electric utility companies
- Energy facility developers
- Utility ratepayers
- Property owners near transmission lines
- Environmental advocacy organizations
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
Importance
Measures population affected and overall level of impact.
Freedom Impact
Level of individual freedom impacted by the bill.
Public Services
How much the bill is likely to impact one or more public services.
Regulatory
Estimated regulatory burden imposed on the subject(s) of the bill.
Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
Impact the bill will have on the environment, positive or negative.
Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/14/2026 Introduced, referred to House Corporations
Bill Text
SECTION 1. Sections 42-98-3 and 42-98-8 of the General Laws in Chapter 42-98 entitled "Energy Facility Siting Act" are hereby amended to read as follows:
42-98-3. Definitions.
As used in this chapter:
(a)(1) “Advanced conductor” means an electric conductor that has a direct current electrical resistance at least ten percent (10%) lower than existing conductors of a similar diameter on the system.
(2) “Advanced power flow control” means hardware and/or software used to reroute electricity from overloaded transmission lines to underutilized transmission or distribution corridors by adjusting circuit impedance.
(3) “Agency” means any agency, council, board, or commission of the state or political subdivision of the state.
(b)(4) “Alteration” means a significant modification to a major energy facility, which, as determined by the board, will result in a significant impact on the: (i) The environment, or the; The public health, safety, and welfare; or (iii) Transmissions costs to ratepayers. Conversion from one type of fuel to another shall not be considered to be an “alteration.”
(c)(5) “Board” for purposes of this chapter refers to the siting board.
(d)(6) “Clean coal technology” means one of the technologies developed in the clean coal technology program of the United States Department of Energy, and shown to produce emissions levels substantially equal to those of natural gas fired power plants.
(7) “Dynamic line rating” means hardware and/or software used to calculate the updated thermal limits of distribution or transmission lines using real-time and forecasted weather conditions.
(8) “Energy storage as a distribution or transmission asset” means a resource capable of receiving energy from the transmission or distribution system and storing it for later injection of energy back into the transmission or distribution system.
(9) "Grid-enhancing technology" means any hardware or software technology that enables enhanced or more efficient flow of electricity across the existing electric transmission and distribution system infrastructure and rights of way, which includes, but is not limited to, dynamic line rating, advanced power flow control, reconductoring and rebuilding with advanced conductors, topology optimization and energy storage when used as a distribution or transmission asset.
(e)(10) “Major energy facility” means facilities for the extraction, production, conversion, and processing of coal; facilities for the generation of electricity designed or capable of operating at a gross capacity of forty megawatts (40 MW) or more; transmission lines of sixty-nine (69) Kv or over; facilities for the conversion, gasification, treatment, transfer, or storage of liquefied natural and liquefied petroleum gases; facilities for the processing, enrichment, storage, or disposal of nuclear fuels or nuclear byproducts; facilities for the refining of oil, gas, or other petroleum products; facilities of ten megawatts (10 MW) or greater capacity for the generation of electricity by water power, and facilities associated with the transfer of oil, gas, and coal via pipeline; any energy facility project of the Rhode Island commerce corporation; the board may promulgate regulations to further define “major energy facility” to the extent further definition is required to carry out the purpose of this chapter, provided that any waste to energy facility shall not be deemed a major energy facility for the purposes of this chapter.
(11) “Reconductoring” means the process of installing advanced conductors in place of the legacy conductors, including structure rehabilitation as needed.
(12) “Topology optimization” means software that identifies reconfigurations of the transmission grid to reroute electricity from overloaded or congested lines to underutilized corridors.
42-98-8. Applications — Contents — Acceptance for filing.
(a) The rules and regulations promulgated by the board pursuant to § 42-98-7(c) shall prescribe the form and contents of applications under this chapter. The applications shall contain at least the following, where applicable: LC003444 - Page 2 of 6
(1) Identification of the proposed owner(s) of the facility, including identification of all affiliates of the proposed owners, as the term is defined in § 39-3-27.
(2) Detailed description of the proposed facility, including its function and operating characteristics, and complete plans as to all structures, including underground construction and transmission facilities, underground or aerial, associated with the proposed facility.
The complete plans shall be the basis for determining jurisdiction under the energy facility siting act and shall be the plans submitted to all agencies whose permit is required under the law.
(3)(i) A detailed description and analysis of the impact of the proposed facility on its physical and social environment together with a detailed description of all environmental characteristics of the proposed site, and a summary of all studies prepared and relied upon in connection therewith. In considering and issuing a decision, the board shall consider the net-zero mandate of chapter 6.2 of title 42 ("2021 act on climate"), and how the project may advance or delay the greenhouse gas emissions reductions set forth in that chapter. The board may also consider other reasonably foreseeable climate change impacts, including other pollutant emissions known to have negative health impacts, predicted sea level rise, coastal and inland flooding, and other disproportionate adverse effects on a specific geographical area.
(ii) Where applicable these descriptions and analysis shall include a review of current independent, scientific research pertaining to electric and magnetic fields (EMF). The review shall provide data assessing potential health risks associated with EMF exposure. For the purposes of this chapter “prudent avoidance” shall refer to measures to be implemented in order to protect the public from EMF exposure.
(4) All studies and forecasts, complete with the information, data, methodology, and assumptions on which they are based, on which the applicant intends to rely in showing the need for the proposed facility under the statewide master construction plan submitted annually.
(5) Complete detail as to the estimated construction cost of the proposed facility, the projected maintenance and operation costs, estimated costs to the community such as safety and public health issues, storm damage and power outages, estimated costs to businesses and homeowners due to power outages, the estimated unit cost of energy to be produced by the proposed facility, and expected methods of financing the facility.
(6) A complete life-cycle management plan for the proposed facility, including measures for protecting the public health and safety and the environment during the facility’s operations, including plans for the handling and disposal of wastes from the facility, and plans for the decommissioning of the facility at the end of its useful life.
(7) A study of alternatives to the proposed facility, including alternatives as to energy LC003444 - Page 3 of 6 sources, methods of energy production, and sites for the facility, together with reasons for the applicant’s rejection of these alternatives. The study shall include estimates of facility cost and unit energy costs of alternatives considered. The study shall give due consideration to advanced conductors, grid-enhancing technologies, and non-wires or non-pipeline alternatives in order to avoid or minimize expenditures and/or maximize cost-effectiveness.
(8) Applicants shall further indicate that for transmission line infrastructure, they have sufficiently considered routes that make use of existing rights of way in the state. The board may expedite the licensing process for transmission lines utilizing existing rights-of-way. If applicants do not intend to make use of existing rights-of-way, or did not consider them, they shall explain the reasoning of that decision.
(9) Applicants shall further describe, where applicable, the degree to which a transmission project(s) fulfills an identified need at a regional level, including any studies, forecasts, and other evidence demonstrating consistency and alignment with relevant regional grid planning processes, and including any “right-sizing” analyses done to confirm that the project could or could not be modified to meet a regional need. To the extent a project does not fulfill a regional need, applicants shall describe and justify the continued need for the project absent a regional need. The rules and regulations promulgated by the board pursuant to § 42-98-7 may identify how the fulfillment of any such regional needs are to be weighed alongside Rhode Island-specific needs.
(b) Within thirty (30) days of the filing of an applicant under this chapter, the board shall notify the applicant whether the application is in the form and addresses the matters that are required by this section and the rules and regulations as are promulgated pursuant to § 42-98-7. An application meeting these requirements shall then be docketed. Any application deemed to be deficient shall be returned to the applicant, together with a concise and explicit statement of the application’s deficiencies. Within fifteen (15) days of the resubmission of an application following a rejection for deficiency, the board shall docket the application together with specification of continuing deficiencies noted by the board, if any.
SECTION 2. Section 39-25-3 of the General Laws in Chapter 39-25 entitled "Electric Transmission Siting and Regulatory Act" is hereby amended to read as follows:
39-25-3. Regulations on construction of high-voltage lines.
The energy facility siting board established under § 42-98-5 is hereby authorized and directed to establish rules and regulations governing construction within the state of high-voltage transmission lines of sixty-nine (69) kV or greater, including the replacement, rebuild or expansion of existing transmission line infrastructure. LC003444 - Page 4 of 6
SECTION 3. This act shall take effect upon passage.
42-98-3. Definitions.
As used in this chapter:
(2) “Advanced power flow control” means hardware and/or software used to reroute electricity from overloaded transmission lines to underutilized transmission or distribution corridors by adjusting circuit impedance.
(3) “Agency” means any agency, council, board, or commission of the state or political subdivision of the state.
(7) “Dynamic line rating” means hardware and/or software used to calculate the updated thermal limits of distribution or transmission lines using real-time and forecasted weather conditions.
(8) “Energy storage as a distribution or transmission asset” means a resource capable of receiving energy from the transmission or distribution system and storing it for later injection of energy back into the transmission or distribution system.
(9) "Grid-enhancing technology" means any hardware or software technology that enables enhanced or more efficient flow of electricity across the existing electric transmission and distribution system infrastructure and rights of way, which includes, but is not limited to, dynamic line rating, advanced power flow control, reconductoring and rebuilding with advanced conductors, topology optimization and energy storage when used as a distribution or transmission asset.
(11) “Reconductoring” means the process of installing advanced conductors in place of the legacy conductors, including structure rehabilitation as needed.
(12) “Topology optimization” means software that identifies reconfigurations of the transmission grid to reroute electricity from overloaded or congested lines to underutilized corridors.
42-98-8. Applications — Contents — Acceptance for filing.
(a) The rules and regulations promulgated by the board pursuant to § 42-98-7(c) shall prescribe the form and contents of applications under this chapter. The applications shall contain at least the following, where applicable: LC003444 - Page 2 of 6
(1) Identification of the proposed owner(s) of the facility, including identification of all affiliates of the proposed owners, as the term is defined in § 39-3-27.
(2) Detailed description of the proposed facility, including its function and operating characteristics, and complete plans as to all structures, including underground construction and transmission facilities, underground or aerial, associated with the proposed facility.
The complete plans shall be the basis for determining jurisdiction under the energy facility siting act and shall be the plans submitted to all agencies whose permit is required under the law.
(3)(i) A detailed description and analysis of the impact of the proposed facility on its physical and social environment together with a detailed description of all environmental characteristics of the proposed site, and a summary of all studies prepared and relied upon in connection therewith. In considering and issuing a decision, the board shall consider the net-zero mandate of chapter 6.2 of title 42 ("2021 act on climate"), and how the project may advance or delay the greenhouse gas emissions reductions set forth in that chapter. The board may also consider other reasonably foreseeable climate change impacts, including other pollutant emissions known to have negative health impacts, predicted sea level rise, coastal and inland flooding, and other disproportionate adverse effects on a specific geographical area.
(ii) Where applicable these descriptions and analysis shall include a review of current independent, scientific research pertaining to electric and magnetic fields (EMF). The review shall provide data assessing potential health risks associated with EMF exposure. For the purposes of this chapter “prudent avoidance” shall refer to measures to be implemented in order to protect the public from EMF exposure.
(4) All studies and forecasts, complete with the information, data, methodology, and assumptions on which they are based, on which the applicant intends to rely in showing the need for the proposed facility under the statewide master construction plan submitted annually.
(5) Complete detail as to the estimated construction cost of the proposed facility, the projected maintenance and operation costs, estimated costs to the community such as safety and public health issues, storm damage and power outages, estimated costs to businesses and homeowners due to power outages, the estimated unit cost of energy to be produced by the proposed facility, and expected methods of financing the facility.
(6) A complete life-cycle management plan for the proposed facility, including measures for protecting the public health and safety and the environment during the facility’s operations, including plans for the handling and disposal of wastes from the facility, and plans for the decommissioning of the facility at the end of its useful life.
(7) A study of alternatives to the proposed facility, including alternatives as to energy LC003444 - Page 3 of 6 sources, methods of energy production, and sites for the facility, together with reasons for the applicant’s rejection of these alternatives. The study shall include estimates of facility cost and unit energy costs of alternatives considered. The study shall give due consideration to advanced conductors, grid-enhancing technologies, and non-wires or non-pipeline alternatives in order to avoid or minimize expenditures and/or maximize cost-effectiveness.
(8) Applicants shall further indicate that for transmission line infrastructure, they have sufficiently considered routes that make use of existing rights of way in the state. The board may expedite the licensing process for transmission lines utilizing existing rights-of-way. If applicants do not intend to make use of existing rights-of-way, or did not consider them, they shall explain the reasoning of that decision.
(9) Applicants shall further describe, where applicable, the degree to which a transmission project(s) fulfills an identified need at a regional level, including any studies, forecasts, and other evidence demonstrating consistency and alignment with relevant regional grid planning processes, and including any “right-sizing” analyses done to confirm that the project could or could not be modified to meet a regional need. To the extent a project does not fulfill a regional need, applicants shall describe and justify the continued need for the project absent a regional need. The rules and regulations promulgated by the board pursuant to § 42-98-7 may identify how the fulfillment of any such regional needs are to be weighed alongside Rhode Island-specific needs.
(b) Within thirty (30) days of the filing of an applicant under this chapter, the board shall notify the applicant whether the application is in the form and addresses the matters that are required by this section and the rules and regulations as are promulgated pursuant to § 42-98-7. An application meeting these requirements shall then be docketed. Any application deemed to be deficient shall be returned to the applicant, together with a concise and explicit statement of the application’s deficiencies. Within fifteen (15) days of the resubmission of an application following a rejection for deficiency, the board shall docket the application together with specification of continuing deficiencies noted by the board, if any.
SECTION 2. Section 39-25-3 of the General Laws in Chapter 39-25 entitled "Electric Transmission Siting and Regulatory Act" is hereby amended to read as follows:
39-25-3. Regulations on construction of high-voltage lines.
The energy facility siting board established under § 42-98-5 is hereby authorized and directed to establish rules and regulations governing construction within the state of high-voltage transmission lines of sixty-nine (69) kV or greater, including the replacement, rebuild or expansion of existing transmission line infrastructure. LC003444 - Page 4 of 6
SECTION 3. This act shall take effect upon passage.