§ 39-1-2.1 - Presumption of in-state use or intrastate commerce upon use or transportation of liquefied natural gas within the state.
SECTION 39-1-2.1
§ 39-1-2.1 Presumption of in-state use orintrastate commerce upon use or transportation of liquefied natural gas withinthe state. – Whereas it is in the public interest of the state that the personal safety ofits inhabitants and visitors be protected, and that property situated withinthe borders of the state be safeguarded, and whereas it is well known andaccepted that the use, storage, transmission, or transportation of liquefiednatural gas involves an opportunity for the cause of personal injury orproperty damage, the general assembly hereby declares that the reasonableexercise of its police power for the safety and welfare of the inhabitants andvisitors of the state and for the protection of property located within thestate requires the control and regulation of the use, storage, transmission,and transportation of liquefied natural gas. Accordingly, the use, storage,transmission, or transportation of liquefied natural gas within the state shallraise a presumption that the liquefied natural gas is intended for use orconsumption within the state or for transmission or transportation from oneplace to another within the state; and the general laws of the state applicableto public utilities and carriers and the rules and regulations promulgatedthereunder shall apply thereto; provided, however, (1) That in the safety andsecurity zone for LNG tankers in transit upon the navigable waterways of theState of Rhode Island, established by the United States Coast Guard by 33 CFRSection 165.121, and authorized by the United States Code Title 33 Chapter 25Section 1225, there shall be no:
(1) LNG ships in transit must maintain an exclusion zone oftwo (2) miles ahead, one mile behind; five hundred (500) yards on either side,and thirty (30) feet overhead clearance within which there shall be no:
(a) persons;
(b) piers, wharves, docks, bulkheads, or similar structureswithin or contiguous to navigable structures;
(c) waterfront facilities on land located within the state ofRhode Island;
(d) flammable materials;
(e) hunting grounds or areas from which an incendiary devicecould be launched; or
(f) welding, torch cutting or other hotwork within suchprescribed safety and security zone.