Bill Sponsors
McGaw, Speakman, Boylan, Spears, Handy, Fogarty, Stewart, Carson, Cortvriend, and Kislak
Committee
House Corporations
Summary
Select
This legislation amends the "Energy Facility Siting Act" to modify how the state prioritizes new energy projects. Previously, the Energy Facility Siting Board was required to give priority to projects using renewable fuels, natural gas, or coal processed by "clean coal technology." This bill strips "natural gas" and "clean coal technology" from that priority list, leaving only "renewable fuels" as the prioritized energy source for siting. Additionally, the bill removes the specific legal definition of "clean coal technology" from the state statutes, effectively removing statutory support for that specific type of energy generation.
Sponsor
Analysis
Pros for Progressives
- Advances environmental justice and public health by removing state-sanctioned prioritization of fossil fuel infrastructure, which disproportionately pollutes frontline communities.
- Aligns state policy with urgent climate goals by explicitly favoring renewable energy sources over natural gas and "clean coal" technologies.
- Prevents the perpetuation of the "clean coal" narrative within state law, ensuring that government policy is based on the reality that coal is a high-polluting energy source.
Cons for Progressives
- Does not explicitly ban the construction of new fossil fuel infrastructure, but merely removes its "priority" status, which may be seen as an insufficient half-measure by climate activists.
- Fails to include language regarding a "just transition" or job retraining for workers in the natural gas or traditional energy sectors who may be displaced by this policy shift.
- Could inadvertently lead to short-term energy cost increases that regressively impact low-income households if renewable infrastructure is not built fast enough to replace legacy fuels.
Pros for Conservatives
- Removes specific government definitions and bureaucratic language regarding "clean coal technology," potentially simplifying the regulatory code.
- May protect private property owners from eminent domain abuse often associated with the prioritized siting of large-scale natural gas pipelines and infrastructure.
- Eliminates a form of government market manipulation where specific fossil fuel technologies were artificially propped up by statutory priority.
Cons for Conservatives
- Threatens the reliability of the energy grid by discouraging natural gas, which is often viewed as a necessary baseload power source when renewables are intermittent.
- Represents government "picking winners and losers" by explicitly favoring renewable energy companies over traditional energy sectors, distorting the free market.
- Likely to increase energy costs for businesses and families by restricting the development of affordable natural gas resources.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Energy Facility Siting Board
- Fossil fuel power generation companies
- Renewable energy developers
- Utility ratepayers
- Environmental advocacy groups
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/14/2026 Introduced, referred to House Corporations
Bill Text
SECTION 1. Sections 42-98-2 and 42-98-3 of the General Laws in Chapter 42-98 entitled "Energy Facility Siting Act" are hereby amended to read as follows:
42-98-2. Declaration of policy.
It shall be the policy of this state to assure that:
(1) The facilities required to meet the energy needs of this and succeeding generations of Rhode Islanders are planned for, considered, and built in a timely and orderly fashion;
(2) Construction, operation, and/or alteration of major energy facilities shall only be undertaken when those actions are justified by long term state and/or regional energy need forecasts;
(3) The energy shall be produced at the least possible cost to the consumer consistent with the objective of ensuring that the construction, operation, and decommissioning of the facility shall produce the fewest possible adverse effects on the quality of the state’s environment; most particularly, its land and its wildlife and resources, the health and safety of its citizens, the purity of its air and water, its aquatic and marine life, and its esthetic and recreational value to the public;
(4) The licensure and regulatory authority of the state be consolidated in a single body, which will render the final licensing decision concerning the siting, construction, operation, and/or alteration of major energy facilities;
(5) An energy facility planning process shall be created through which the statewide planning program, in conjunction with the division of public utilities and carriers, will be empowered to undertake evaluations and projections of long and short term energy needs, and any other matters that are necessary to establish the state energy plans, goals, and policies. The state planning council shall be authorized and empowered to adopt a long term plan assessing the state’s future energy needs and the best strategy for meeting them, as part of the state guide plan by January 1, 1991.
(6) The construction, operation, and/or alteration of major energy facilities shall be consistent with the state’s established energy plans, goals, and policy.
(7) Before approving the construction, operation, and/or alteration of major energy facilities, the board shall determine whether cost-effective efficiency and conservation opportunities provide an appropriate alternative to the proposed facility.
(8) The energy facilities siting board shall give priority to energy generation projects based on the degree to which such projects meet criteria including, but not limited to:
(i) Using renewable fuels, or natural gas, or coal processed by “clean coal technology” as their primary fuel;
(ii) Maximizing efficiency;
(iii) Using low levels of high-quality water;
(iv) Using existing energy-generation facilities and sites;
(v) Producing low levels of potentially harmful air emissions;
(vi) Producing low levels of wastewater discharge;
(vii) Producing low levels of waste into the solid waste stream; and
(viii) Having dual fuel capacity.
The board shall, within its rules and regulations, provide guidelines and definitions of appropriate standards for the criteria designated in this subsection (8) by January 1, 1991.
42-98-3. Definitions.
(a) “Agency” means any agency, council, board, or commission of the state or political subdivision of the state.
(b) “Alteration” means a significant modification to a major energy facility, which, as determined by the board, will result in a significant impact on the environment, or the public health, safety, and welfare. Conversion from one type of fuel to another shall not be considered to be an “alteration.”
(c) “Board” for purposes of this chapter refers to the siting board.
(d)“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 LC003549 - Page 2 of 4 levels substantially equal to those of natural gas fired power plants.
(e) “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.
SECTION 2. This act shall take effect upon passage.
42-98-2. Declaration of policy.
It shall be the policy of this state to assure that:
(1) The facilities required to meet the energy needs of this and succeeding generations of Rhode Islanders are planned for, considered, and built in a timely and orderly fashion;
(2) Construction, operation, and/or alteration of major energy facilities shall only be undertaken when those actions are justified by long term state and/or regional energy need forecasts;
(3) The energy shall be produced at the least possible cost to the consumer consistent with the objective of ensuring that the construction, operation, and decommissioning of the facility shall produce the fewest possible adverse effects on the quality of the state’s environment; most particularly, its land and its wildlife and resources, the health and safety of its citizens, the purity of its air and water, its aquatic and marine life, and its esthetic and recreational value to the public;
(4) The licensure and regulatory authority of the state be consolidated in a single body, which will render the final licensing decision concerning the siting, construction, operation, and/or alteration of major energy facilities;
(5) An energy facility planning process shall be created through which the statewide planning program, in conjunction with the division of public utilities and carriers, will be empowered to undertake evaluations and projections of long and short term energy needs, and any other matters that are necessary to establish the state energy plans, goals, and policies. The state planning council shall be authorized and empowered to adopt a long term plan assessing the state’s future energy needs and the best strategy for meeting them, as part of the state guide plan by January 1, 1991.
(6) The construction, operation, and/or alteration of major energy facilities shall be consistent with the state’s established energy plans, goals, and policy.
(7) Before approving the construction, operation, and/or alteration of major energy facilities, the board shall determine whether cost-effective efficiency and conservation opportunities provide an appropriate alternative to the proposed facility.
(8) The energy facilities siting board shall give priority to energy generation projects based on the degree to which such projects meet criteria including, but not limited to:
(i) Using renewable fuels
(ii) Maximizing efficiency;
(iii) Using low levels of high-quality water;
(iv) Using existing energy-generation facilities and sites;
(v) Producing low levels of potentially harmful air emissions;
(vi) Producing low levels of wastewater discharge;
(vii) Producing low levels of waste into the solid waste stream; and
(viii) Having dual fuel capacity.
The board shall, within its rules and regulations, provide guidelines and definitions of appropriate standards for the criteria designated in this subsection (8) by January 1, 1991.
42-98-3. Definitions.
(a) “Agency” means any agency, council, board, or commission of the state or political subdivision of the state.
(b) “Alteration” means a significant modification to a major energy facility, which, as determined by the board, will result in a significant impact on the environment, or the public health, safety, and welfare. Conversion from one type of fuel to another shall not be considered to be an “alteration.”
(c) “Board” for purposes of this chapter refers to the siting board.
(d)
(e) “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.
SECTION 2. This act shall take effect upon passage.