Rules and Regulations for Non-Utility Scale Renewable Energy Projects

Regulation Authority:

RIGL section 42-140-9

Purpose and Reason:

The purpose of this emergency regulation is to set forth the application and review process for funding of non-utility scale renewable energy projects by the Office of Energy Resources.

Editorial Notes:

This filing is a technical revision of 120-day emergency adoption ERLID 5912. The only changes to this filing was the dollar amount that appears in the first sentence of the finding for the Statement of Need has been changed to correctly read Eight Million Three Hundred and Ninety-Five Thousand Dollars ($8,395,000). Second, the next to last sentence in the Statement of Need was amended to correctly state that the first round of applications must be submitted on or before January 29. On page 6 of the Emergency Rules the date that appeared in Rule 4.06 was also changed from January 15 to January 29.

Brief statement of Reason for Finding Imminent Peril:

The State of Rhode Island was awarded Eight Million Three Hundred and Ninety-Five Thousand Dollars ($8,395,000) under the American Recovery and Reinvestment Act of 2009-State Energy Program (“ARRA-SEP”) to support development of non-utility scale renewable energy projects in Rhode Island. The projects are intended to create and retain jobs in Rhode Island; to realize energy cost savings; to reduce dependence on non-renewable forms of energy, especially fuels imported from other nations; to achieve environmental benefits, especially reductions in greenhouse gases; to leverage project funds and revenues; to facilitate market transformation, including especially for customer sited facilities; to provide opportunities for persons in all communities in the state to undertake non-utility scale renewable energy projects by assuring that projects from diverse renewable energy sources can be funded from program and to comply with the applicable requirements of the ARRA-SEP. These goals are essential to ensure the health, safety and welfare of the State of Rhode Island and for the benefit of the public. Pursuant to the ARRA-SEP, the use and disbursement of said funds by the State are subject to strict time constraints. On or before March 10, 2010, the Rhode Island Office of Energy Resources (“OER”) must commence disbursement of funds for non-utility scale renewable energy projects. Prior to disbursing any awards for these projects, the OER will need to promulgate rules and regulations regarding the administration and utilization of the ARRA-SEP funds. After the regulations are in effect, the OER must solicit applications for projects and review each submittal. The OER will then issue the awards and enter into contracts with each project applicant. To complete this application and award process prior to the March 10, 2010 deadline, the first round of applications for non-utility scale renewable energy projects must be submitted on or before January 29, 2010. If the OER were to provide the notice and comment for these regulations as required by the Rhode Island Administrative Procedures Act, it would be impossible for the OER to disburse the funds by March 10, 2010. Therefore, the immediate filing of these regulations is critical to meet the ARRA deadlines.