§ 45-2-17 - Regulation of liquefied natural gas facilities.
SECTION 45-2-17
§ 45-2-17 Regulation of liquefied naturalgas facilities. – (a) For purposes of this section, the definition of "liquefied natural gas" asstated in § 39-1-2 applies.
(b) Purpose. The General Assembly hereby recognizes theimportance of establishing procedures and standards for the supervision andregulation by the state and by the cities and towns of the use, storage,transportation, location, construction, and maintenance of liquefied naturalgas and liquefied natural gas storage facilities. The establishment of theseprocedures and standards is hereby declared to be a reasonable exercise of thepolice power of the general assembly and necessary to afford the highestpossible degree of protection against the potential hazards of explosion andfire presented by the use, transportation, storage, and location of liquefiednatural gas. The general assembly hereby declares also that it is in theinterest of the public health, safety, and welfare that the use, storage,transportation, and location of liquefied natural gas or liquefied natural gasfacilities be supervised, regulated, and controlled in accordance with theprovisions of this section.
(c) From and after June 4, 1976, no liquefied natural gasstorage facility, including any facility for which any application is pendingbefore any state or local governmental body or agency on June 4, 1976, shall beestablished nor shall construction of the facility be commenced or storage ofthe gas begin or any permit or license be issued reasonably related to thefacility unless and until the public utilities commission of the state of RhodeIsland issues a final approval and license in accordance with the provisions ofthis section.
(d) The public utilities commission, the division of firesafety, and every town and city shall each promulgate and adopt rules andregulations or enact ordinances establishing procedures and standards for thesupervision, regulation, and control of the use, location, construction,storage, and maintenance of liquefied natural gas and liquefied natural gasstorage facilities.
The procedures for the adoption and promulgation of the rulesand regulations shall be those provided in chapter 35 of title 42.
(e) Before any permit or license may be issued for theconstruction, or location, of a liquefied natural gas facility or for thestorage of liquefied natural gas, the following procedures must be followed andcomplied with:
(1) All permit or license applications must also be filedwith the public utilities commission and the state fire marshal's office.
(2) Prior to the issuance of any permit or license thereshall be a public hearing with notice given by the city or town where thestorage area or facility is proposed to be located or where the liquefiednatural gas is proposed to be stored. Notice of the hearing shall be given atleast two (2) weeks before the date set for the hearing and shall be given onat least three (3) separate occasions prior to the hearing date. Notice shallbe by advertisement in a local or statewide newspaper, whichever has thegreater circulation in the city or town where the site is to be located orwhere the storage is proposed to be. Notice shall be by block advertisement ofat least two and one half (2 1/2) inches by two and one half (2 1/2) inchessquare. The notice shall state the subject matter of the hearing and the date,time, and place of the hearing.
(3) The city or town council must review and give finalapproval as to any decision granting the issuance of a license or permitpertaining to the siting or location of the facility, the building orconstruction of the facility, and the storage of the liquefied natural gas withnotice and public hearings required as set forth in subsection (e)(2) of thissection.
(4) Upon the granting of the final approval of a city or townon the issuance of a license or permit as set forth in subsection (e)(3) ofthis section and before issuance of the permit or license, a permit must beapplied for, approved, and issued by the state fire marshal's office and thepublic utilities commission in accordance with the general laws of the state ofRhode Island and the rules and regulations established by the respective stateagencies.
(f) The provisions of this section are in addition to any andall other conditions or provisions of applicable law and are not to beconstrued to be in amendment of or in repeal of any other applicable provisionof law.