Rules and Regulations for the Energy Efficiency Wastewater Treatment Facility Program

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 an Energy Efficiency Wastewater Treatment Facility Program Rhode Island, through the expenditure of $3,100,000 in ARRA-SEP funds.

Brief statement of Reason for Finding Imminent Peril:

The State of Rhode Island was awarded Three Million One Hundred Thousand Dollars ($3,100,000) under the American Recovery and Reinvestment Act of 2009-State Energy Program (“ARRA-SEP”) to support development of energy efficiency improvements in waste water treatment facilities 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. 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, including the full expenditure of funds prior to March 31, 2012. Therefore, on or before March 1, 2011, the Rhode Island Office of Energy Resources (“OER”) must commence disbursement of funds for eligible 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 1, 2011 deadline, the first round of applications must be submitted on or before February 1, 2011. 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 commit these funds by March 1, 2011. Therefore, the immediate filing of these regulations is critical to meet the ARRA deadlines.