reglab/housing_qa huggingface dataset:
RI Gen L § 42-98-5 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-5 - Board established.

§ 42-98-5. Board established.(a) There is established the siting board which shall be a part of state government. The siting board shall consist of three (3) members, as follows: the chairperson of the public utilities commission, who shall serve as chairperson of the siting board; the director of the department of environmental management; and the associate director of administration for planning. Any member of the board who recuses him or herself shall designate his or her own successor from his or her respective agency.(b) Each member of the board shall take an oath to administer the duties of office faithfully and impartially and that oath shall be filed in the office of the secretary of state.(c) The members of the board shall serve without compensation, but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The board may engage any consultants or expert witnesses that it deems necessary to implement its statutory responsibilities; provided, however, that to the maximum extent possible, board staff be drawn from existing state agencies. The board shall select a coordinator to be responsible for the publication and distribution of all official minutes, reports, and documents and to further serve as director of the board staff, which shall be located at the division of public utilities and common carriers. The coordinator, under the direction of the chairperson, shall coordinate and expedite the work of the various agencies to ensure that decisions are made within the time frame established by this chapter.(d) A quorum shall consist of a majority of the board. A majority vote of the board shall be required for all actions, including licensing decisions; provided, however, one member of the board may conduct any hearings the board is authorized to conduct pursuant to this chapter.(e) The board shall maintain and grant free access to records and reports in its files to members of the public during normal working hours and shall permit copies of those records and reports to be made by interested members of the public at their expense; provided, however, that the board shall not permit disclosure, other than to another government agency for the sole purpose of rendering an advisory opinion, of any information obtained by or submitted to the board pursuant to the provisions of this chapter, upon a showing, satisfactory to the board, that the information is entitled to protection as trade secrets or as privileged, confidential, or proprietary information. No other governmental agency shall disclose any trade secrets or privileged, confidential, or proprietary information.History of Section.P.L. 1986, ch. 531, § 1; P.L. 1988, ch. 39, § 1; P.L. 1990, ch. 309, § 5; P.L. 1992, ch. 457, § 1.
RI Gen L § 42-98-6 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-6 - Holding over in office.

§ 42-98-6. Holding over in office.When the term of office of a member of the siting board expires or otherwise terminates, and that person has participated in hearing all or a substantial part of the evidence in a proceeding before the board, that person shall remain a member of the siting board for the sole purpose of completing the hearing and deciding the matter pending and signing the findings, orders, and judgments in the proceeding. For these services, the person shall be paid necessary expenses as fixed by the siting board as composed following the expiration of that person's term of office. For this purpose, a proceeding shall be deemed completed when the siting board enters its final decision therein regardless of whether that decision is or may be appealed to the supreme court and the case remanded to the siting board for further proceedings.History of Section.P.L. 1986, ch. 531, § 1.
RI Gen L § 42-98-7 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-7 - Powers and duties.

§ 42-98-7. Powers and duties.(a) (1) The siting board is the licensing and permitting authority for all licenses, permits, assents, or variances which, under any statute of the state or ordinance of any political subdivision of the state, would be required for siting, construction or alteration of a major energy facility in the state.(2) Any agency, board, council, or commission of the state or political subdivision of the state which, absent this chapter, would be required to issue a permit, license, assent, or variance in order for the siting, construction, or alteration of a major energy facility to proceed, shall sit and function at the direction of the siting board. These agencies shall follow the procedures established by statute, ordinance, and/or regulation provided for determining the permit, license, assent, or variance, but, instead of issuing the permit, license, assent, or variance, shall forward its findings from the proceeding, together with the record supporting the findings and a recommendation for final action, to the siting board.(3) Notwithstanding any provision in this chapter to the contrary, in those instances in which the department of environmental management exercises a permitting or licensing function under the delegated authority of federal law, including, but not limited to, the Federal Clean Water Act (33 U.S.C. § 1251 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), and those state laws and regulations which implement those federal laws, the department of environmental management shall be the licensing and permitting authority. Moreover, the authority to issue licenses and permits delegated to the department of environmental management pursuant to chapter 1 of title 2 and to the coastal resources management council pursuant to chapter 23 of title 46, shall remain with those agencies, but in all other respects the department of environmental management and the coastal resources management council shall follow the procedures set forth in this chapter.(b) The siting board is authorized and empowered to summon and examine witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates, and other legal evidence that may be necessary for the determination of its jurisdiction and decision of any question before, or the discharge of any duty required by law of, the board.(c) The siting board is empowered to issue any orders, rules, or regulations as may be required to effectuate the purposes of this chapter.(d) The siting board shall, by regulation, determine the standards for intervention.(e) The siting board's proceedings shall in all respects comply with the requirements of the Administrative Procedures Act, chapter 35 of this title, except where otherwise explicitly provided.History of Section.P.L. 1986, ch. 531, § 1; P.L. 1992, ch. 454, § 1; P.L. 1993, ch. 422, § 15; P.L. 1994, ch. 14, § 15.
RI Gen L § 42-98-9 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-9 - Applications - Procedures for review - Preliminary hearing.

§ 42-98-9. Applications — Procedures for review — Preliminary hearing.(a) Within sixty (60) days following the board's docketing of an application the board shall, on not less than forty-five (45) days' notice to all agencies, subdivisions of the state, and the public, convene a preliminary hearing on the application to determine the issues to be considered by the board in evaluating the application, and to designate those agencies of state government and of political subdivisions of the state which shall act at the direction of the board for the purpose of rendering advisory opinions on these issues, and to determine petitions for intervention.(b) The board shall consider as issues in every proceeding the ability of the proposed facility to meet the requirements of the laws, rules, regulations, and ordinances under which, absent this chapter, the applicant would be required to obtain a permit, license, variance, or assent. The agency of state government or of a political subdivision of the state which, absent this chapter, would have statutory authority to grant or deny the permit, license, variance, or assent, shall function at the direction of the board for hearing the issue and rendering an advisory opinion thereon.(c) The board shall limit the scope of any agency's investigation where it finds that more than one agency has jurisdiction over a matter at issue in the licensing process. In these instances, the board shall determine which agency shall make the necessary findings on the issue after giving proper consideration to the expertise and resources available to each of the agencies involved.(d) The public utilities commission shall conduct an investigation in which the division of planning of the department of administration, the governor's office of energy assistance and the division of public utilities and carriers shall participate and render an advisory opinion as to the need for the proposed facility.(e) The statewide planning program within the department of administration shall conduct an investigation and render an advisory opinion as to the socio-economic impact of the proposed facility and its construction and consistency with the state guide plan.(f) A decision of the board under this section shall be issued within thirty (30) days following the conclusion of the preliminary hearing and in any event within forty-five (45) days of the commencement of the hearing.History of Section.P.L. 1986, ch. 531, § 1; P.L. 1990, ch. 309, § 5.
RI Gen L § 42-98-9.1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-9.1 - Public notice and hearings on construction projects in cities and towns affected.

§ 42-98-9.1. Public notice and hearings on construction projects in cities and towns affected.(a) Upon receiving a utility company application the board shall immediately notify, in writing, the councils of the towns and cities affected by the construction.(b) The board shall have at least one public hearing in each town or city affected prior to holding its own hearings and prior to taking final action on the application. All details of acceptance for filing in § 42-98-8(a)(1) — (a)(6) shall be presented at town or city hearings for public comment. When the subject of the application is a facility for the generation of electricity, or new facilities for the transmission of electricity, the town or city where the proposed facility would be located may request funding from the applicant to perform studies of the local environmental effects of the proposed facility. The expense of those studies shall not exceed the lesser of one hundred thousand dollars ($100,000) or one-tenth percent (.1%) of the estimated capital cost of the proposed facility located in such city or town. If the applicant contests the relevance of the requested study, or believes it to be redundant with studies already performed, the applicant may request a ruling from the board whether the study is necessary and reasonably expected to produce relevant information. The board's ruling shall be conclusive and final, and shall not be the basis for an interlocutory appeal, injunction or otherwise delay the board's processing of the application.(c) The applicant shall notify the citizens in towns and cities affected thirty (30) days prior to public meetings through local papers.(d) The applicant shall notify abutting land owners individually, in writing, thirty (30) days prior to the hearings, by certified mail, postage prepaid.(e) Public input shall be a part of the decision making process.History of Section.P.L. 1992, ch. 439, § 3; P.L. 1996, ch. 316, § 2; P.L. 2006, ch. 575, § 1; P.L. 2006, ch. 592, § 1; P.L. 2007, ch. 391, § 1.
RI Gen L § 42-98-10 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-10 - Agency procedures - Advisory opinion.

§ 42-98-10. Agency procedures — Advisory opinion.(a) Each agency of the state or political subdivision of the state designated under § 42-98-9 shall proceed to consider the issue or issues consigned to it for review. Each agency shall conclude its consideration and issue its advisory opinion not more than six (6) months following its designation under § 42-98-9, or any lesser time that the board may require, or the right to exercise the function shall be forfeited to the board.(b) Advisory opinions issued by agencies designated under § 42-98-9 shall not be considered as final decisions of the agencies making the opinions, and shall not be subject to judicial review under § 42-35-15, or any other provision of the general laws.(c) Advisory opinions issued by zoning boards of review, building inspectors, or any other agency of a municipality designated under § 42-98-9 shall not be reviewable by the public utilities commission under § 39-1-30.(d) Failure or refusal of the applicant to provide requested information may be considered as grounds for recommending denial.(e) At the request of the siting board, the director of environmental management and the coastal resources management council shall give priority to the review of permits for energy facilities.History of Section.P.L. 1986, ch. 531, § 1.
RI Gen L § 42-98-12 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-12 - Appeals and judicial review.

§ 42-98-12. Appeals and judicial review.(a) The licensing decision issued by the siting board shall constitute the sole, final, binding, and determinative regulatory decision within the state for the purposes of siting, building, operating, or altering a major energy facility.(b) Any person aggrieved by a decision of the board may within ten (10) days from the date of ratification of the decision, obtain judicial review of the decision in the manner and according to the standards and procedures provided in chapter 5 of title 39.History of Section.P.L. 1986, ch. 531, § 1.
RI Gen L § 42-98-13 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-13 - Access to premises.

§ 42-98-13. Access to premises.(a) Members of the siting board, or agents of the board, while engaged in the performance of their duties, may at all reasonable times enter any premises, buildings, or other places belonging to, or controlled by, an applicant for a license under this chapter, and inspect the premises or any part of the premises. Reasonable notice of the inspection shall be given to the owner of the facility and a representative of the owner shall accompany the members of the board or its agent at all times during any inspection.(b) Any person obstructing, hindering, or in any way, causing to be obstructed or hindered, any board member or agent of the board, in the performance of his or her duties, or who shall refuse to permit any board member or agent of the board entrance into any premises, buildings, or other places belonging to, or controlled by an applicant, in the performance of his or her duties, shall be deemed guilty of a misdemeanor and fined not more than five hundred dollars ($500).History of Section.P.L. 1986, ch. 531, § 1.
RI Gen L § 42-98-14 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-14 - Discovery.

§ 42-98-14. Discovery.The filing of an application under this chapter constitutes consent by the applicant(s) and its (their) affiliates to the jurisdiction of this state for the purposes of discovery relevant to the application.History of Section.P.L. 1986, ch. 531, § 1.
RI Gen L § 42-98-15 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-15 - Exemption.

§ 42-98-15. Exemption.The exercise of the powers granted by this chapter or the provisions thereof shall not apply to chapter 19 of title 23, and shall not apply to any matter over which any agency, department, or instrumentality of the federal government has exclusive jurisdiction or has jurisdiction concurrent with that of the state and has exercised that jurisdiction to the exclusion of regulation of the matter by the state.History of Section.P.L. 1986, ch. 531, § 1.
RI Gen L § 42-98-16 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-16 - Violations.

§ 42-98-16. Violations.(a) Failure to comply with any promulgated board rule, regulation, requirement or procedure for the licensing of energy facilities shall constitute grounds for suspension or dismissal, with or without prejudice in its discretion, of licensing proceedings, provided that the applicant shall have a reasonable opportunity to show cause for and remedy the lack of compliance.(b) Failure to comply with any provision, condition or limitation contained in a board license to site, build, or alter a major energy facility and/or failure to comply with a board cease and desist order and/or a board order to remedy a non-complying action shall be grounds for suspension or revocation of the license, and/or shall be punishable by a fine of not more than twenty thousand dollars ($20,000). Each day of continuing noncompliance shall be considered a separate violation and so punished.(c) The board may require the licensee to maintain those records as are reasonable and necessary to monitor compliance with license provisions, and shall have the authority to enter onto the property of licensees to investigate complaints of noncompliance and to perform routine inspections.(d) The board may designate officials or staff of any state agencies as its agents for the purposes of investigating complaints, performing routine maintenance functions and issuing written cease and desist orders.History of Section.P.L. 1986, ch. 531, § 1; P.L. 1992, ch. 133, art. 44, § 1.
RI Gen L § 42-98-18 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-18 - Liberal construction - Severability.

§ 42-98-18. Liberal construction — Severability.The provisions of this chapter shall be construed liberally to effectuate its purposes. If any provision of this chapter or of any rule, regulation, or determination made under this chapter, or the application of this chapter to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the provisions to other persons, agencies or circumstances shall not be affected by the invalidity. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.History of Section.P.L. 1986, ch. 531, § 1.
RI Gen L § 42-98-19 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-19 - Applicability.

§ 42-98-19. Applicability.(a) This chapter shall take effect upon its passage and shall operate prospectively and shall not apply to any electric cogeneration energy facility capable of operating at a gross capacity of more than forty (40) megawatts but less than eighty (80) megawatts which, prior to May 30, 1990, has applied to the department of environmental management for an air quality permit or approval; provided, however, that, notwithstanding that application, this chapter shall apply to any facility capable, at any time, of operating at a gross capacity of eighty (80) megawatts or more.(b) The complete plans submitted pursuant to § 42-98-8 shall be the basis for determining jurisdiction under this section.History of Section.P.L. 1990, ch. 321, § 2; P.L. 1994, ch. 202, § 1; P.L. 2006, ch. 216, § 49.
RI Gen L § 42-98-20 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-98 - Energy Facility Siting Act|Section 42-98-20 - Informational filings.

§ 42-98-20. Informational filings.(a) To assist the board in achieving the policy objectives set forth in § 42-98-2, the owners of any proposed energy facility, whether or not the facility qualified as a major energy facility, shall make an informational filing with the board at the time of first application to any other agency, board, council, or commission of the state or political subdivision of the state required to issue a permit, license, assent, or variance in order for the siting, construction, or alteration of the facility to proceed.(b) The informational filing shall contain at least the following:(1) Identification of the proposed owner(s) of the facility, including identification of all affiliates of the proposed owners, as the term is defined in § 39-3-27.(2) Detailed description of the proposed facility, including its function and operating characteristics, and complete plans as to all structures, including underground construction and transmission facilities, underground or aerial, associated with the proposed facility.History of Section.P.L. 1992, ch. 455, § 1.
RI Gen L § 42-99-1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-99 - Convention Center Authority Act|Section 42-99-1 - Short title.

§ 42-99-1. Short title.This chapter shall be known and may be cited as the "Convention Center Authority Act".History of Section.P.L. 1987, ch. 455, § 1.
RI Gen L § 42-99-2 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-99 - Convention Center Authority Act|Section 42-99-2 - Legislative findings.

§ 42-99-2. Legislative findings.It is hereby found that:(1) There is a serious shortage of suitable facilities for conventions and related exhibition, meeting, banquet, and other facilities customarily incident thereto, in the state;(2) Private enterprise alone is not able to provide the necessary facilities;(3) The public welfare and the further economic development and the prosperity of the state requires the establishment of these facilities and the financing thereof, as provided in this chapter; and(4) The facilities will be managed and operated with the greatest public benefit and at the least public cost if provision is made for leases, concessions, and other contracts with persons, firms, and corporations, as provided in this chapter.History of Section.P.L. 1987, ch. 455, § 2.