TITLE 45
Towns and cities
CHAPTER 45-2
General Powers
SECTION 45-2-17
§ 45-2-17 Regulation of liquefied natural
gas facilities.
(a) For purposes of this section, the definition of "liquefied natural gas" as
stated in § 39-1-2 applies.
(b) Purpose. The General Assembly hereby recognizes the
importance of establishing procedures and standards for the supervision and
regulation by the state and by the cities and towns of the use, storage,
transportation, location, construction, and maintenance of liquefied natural
gas and liquefied natural gas storage facilities. The establishment of these
procedures and standards is hereby declared to be a reasonable exercise of the
police power of the general assembly and necessary to afford the highest
possible degree of protection against the potential hazards of explosion and
fire presented by the use, transportation, storage, and location of liquefied
natural gas. The general assembly hereby declares also that it is in the
interest of the public health, safety, and welfare that the use, storage,
transportation, and location of liquefied natural gas or liquefied natural gas
facilities be supervised, regulated, and controlled in accordance with the
provisions of this section.
(c) From and after June 4, 1976, no liquefied natural gas
storage facility, including any facility for which any application is pending
before any state or local governmental body or agency on June 4, 1976, shall be
established nor shall construction of the facility be commenced or storage of
the gas begin or any permit or license be issued reasonably related to the
facility unless and until the public utilities commission of the state of Rhode
Island issues a final approval and license in accordance with the provisions of
this section.
(d) The public utilities commission, the division of fire
safety, and every town and city shall each promulgate and adopt rules and
regulations or enact ordinances establishing procedures and standards for the
supervision, regulation, and control of the use, location, construction,
storage, and maintenance of liquefied natural gas and liquefied natural gas
storage facilities.
The procedures for the adoption and promulgation of the rules
and regulations shall be those provided in chapter 35 of title 42.
(e) Before any permit or license may be issued for the
construction, or location, of a liquefied natural gas facility or for the
storage of liquefied natural gas, the following procedures must be followed and
complied with:
(1) All permit or license applications must also be filed
with the public utilities commission and the state fire marshal's office.
(2) Prior to the issuance of any permit or license there
shall be a public hearing with notice given by the city or town where the
storage area or facility is proposed to be located or where the liquefied
natural gas is proposed to be stored. Notice of the hearing shall be given at
least two (2) weeks before the date set for the hearing and shall be given on
at least three (3) separate occasions prior to the hearing date. Notice shall
be by advertisement in a local or statewide newspaper, whichever has the
greater circulation in the city or town where the site is to be located or
where the storage is proposed to be. Notice shall be by block advertisement of
at least two and one half (2 1/2) inches by two and one half (2 1/2) inches
square. 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 final
approval as to any decision granting the issuance of a license or permit
pertaining to the siting or location of the facility, the building or
construction of the facility, and the storage of the liquefied natural gas with
notice and public hearings required as set forth in subsection (e)(2) of this
section.
(4) Upon the granting of the final approval of a city or town
on the issuance of a license or permit as set forth in subsection (e)(3) of
this section and before issuance of the permit or license, a permit must be
applied for, approved, and issued by the state fire marshal's office and the
public utilities commission in accordance with the general laws of the state of
Rhode Island and the rules and regulations established by the respective state
agencies.
(f) The provisions of this section are in addition to any and
all other conditions or provisions of applicable law and are not to be
construed to be in amendment of or in repeal of any other applicable provision
of law.
History of Section.
(P.L. 1976, ch. 270, § 4.)
