Rhode Island Code of Regulations Title 445 - Energy Facility Siting Board
1. What Title 445 Is
Title 445 of the Rhode Island Code of Regulations contains the rules and procedures used by the Energy Facility Siting Board (EFSB).
Its purpose is to regulate how large energy facilities are reviewed, approved, modified, or denied in Rhode Island.
In simple terms:
Title 445 explains how Rhode Island decides whether big energy projects can be built or expanded.
2. What the Energy Facility Siting Board (EFSB) Does
The EFSB is a state-level decision-making body that has authority over major energy infrastructure, such as:
Power plants
Electric transmission lines
Natural gas pipelines
Liquefied natural gas (LNG) facilities
Major energy storage or conversion facilities
Instead of each city or town deciding on its own, the EFSB centralizes approval for projects that affect the entire state.
3. Why Title 445 Exists
Title 445 exists to balance three major interests:
Reliable and affordable energy for Rhode Island
Environmental protection
Public health, safety, and community impacts
The regulations ensure that energy projects:
Are actually needed
Are built in appropriate locations
Minimize harm to people and the environment
4. Structure of Title 445
Title 445 is organized into parts and sections that govern the full lifecycle of an energy facility proposal.
A. Definitions
Explains technical and legal terms used throughout the regulations
Ensures consistent interpretation (e.g., “major energy facility,” “applicant,” “intervenor”)
B. Jurisdiction and Applicability
Identifies which projects must go through the EFSB
Generally applies to large-scale or high-impact energy facilities
Smaller or local projects are usually excluded
C. Application Requirements
This section explains what a developer must submit to request approval, including:
Description of the facility
Location and design plans
Energy need justification
Environmental impact information
Alternatives analysis (other sites or technologies)
Safety and emergency planning information
Incomplete applications can be rejected.
D. Public Notice and Participation
Title 445 strongly emphasizes public involvement, requiring:
Public notice of applications
Public hearings
Opportunities for residents, organizations, and municipalities to:
Comment
Intervene as parties
Present evidence or testimony
This ensures transparency and accountability.
E. Environmental and Health Review
The EFSB must consider impacts such as:
Air quality
Water resources
Noise
Wildlife and habitats
Climate and emissions
Human health and safety
The Board weighs whether impacts are acceptable, avoidable, or mitigable.
F. Coordination with Other Agencies
Title 445 requires coordination with:
State environmental agencies
Public utility regulators
Emergency management authorities
Local governments (advisory role)
While the EFSB has final authority, it must consider expert input.
G. Hearings and Evidence
This section governs:
Formal hearings
Rules for testimony
Cross-examination
Submission of expert reports
Proceedings resemble a quasi-judicial trial, though less formal than a court.
H. Standards for Approval
To approve a project, the EFSB must find that the facility:
Serves the public convenience and necessity
Is consistent with state energy policies
Will not cause unacceptable environmental harm
Has reasonable alternatives evaluated
Includes appropriate mitigation measures
Approval is not automatic, even if the project meets energy needs.
I. Conditions and Enforcement
If approved, the EFSB may impose binding conditions, such as:
Construction limits
Monitoring requirements
Environmental mitigation
Reporting obligations
Safety protocols
Failure to comply can lead to:
Fines
Modification of approval
Revocation of authorization
J. Amendments, Transfers, and Modifications
Title 445 also governs:
Changes to approved projects
Ownership transfers
Facility expansions
Significant changes often require additional review or hearings.
K. Appeals and Judicial Review
Final EFSB decisions can be:
Challenged in court
Reviewed for legal or procedural errors
Courts typically defer to the EFSB’s expertise unless rules were violated.
5. Key Principles Behind Title 445
Title 445 is guided by these core principles:
Statewide interest over local zoning
Evidence-based decision-making
Public transparency
Environmental responsibility
Long-term energy planning
6. Why Title 445 Matters
Title 445 is important because it:
Shapes Rhode Island’s energy future
Affects electricity costs and reliability
Influences environmental protection
Gives the public a voice in major infrastructure decisions
Determines where and how large energy projects are built
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