Rhode Island SCR 1120: CONCURRENT RESOLUTION RELATING TO APPROVAL FOR A SUBMERGED LAND LEASE IN CONNECTION WITH THE REVOLUTION WIND PROJECT

Bill Text

2023 -- S 1120
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LC003224
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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C O N C U R R E N T R E S O L U T I O N
RELATING TO APPROVAL FOR A SUBMERGED LAND LEASE IN CONNECTION WITH
THE REVOLUTION WIND PROJECT
Introduced By: Senator Alana DiMario
Date Introduced: June 13, 2023
Referred To: Senate Judiciary

WHEREAS, Revolution Wind, the "Project", is a planned 704 to 880 megawatt offshore 1
wind farm to be constructed and operated by Revolution Wind, LLC, and located approximately 2
15 miles south of the Rhode Island coast with a plan for up to 79 offshore wind turbine generators 3
that will provide Rhode Island with approximately 400 megawatts of power (the "Project"); and 4
WHEREAS, In connection with the Project, Revolution Wind, LLC proposes two 5
submarine export transmission cables associated with the Project to be contained in one 6
continuous corridor where such cables enter Rhode Island state waters, through the Narragansett 7
Bay West Passage, to a landfall location at Quonset in North Kingstown, Rhode Island (the 8
"Cables"); and 9
WHEREAS, The total length of the corridor containing the Cables will be twenty-three 10
(23) miles, and within this corridor each cable will run parallel with a targeted spacing of six 11
hundred fifty-six (656) feet between the Cables. This corridor will be, in total, one thousand three 12
hundred twelve (1,312) feet wide and will result in a total lease area of three thousand six 13
hundred fifty-eight (3,658) acres in Rhode Island state waters; and 14
WHEREAS, Article I, Section 17 of the Rhode Island Constitution states, "...it shall be 15
the duty of the general assembly to provide for the conservation of the air, land, water, plant, 16
animal, mineral and other natural resources of the state, and to adopt all means necessary and 17
proper by law to protect the natural environment of the people of the state by providing adequate 18
resource planning for the control and regulation of the use of natural resources of the state and for 19

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the preservation, regeneration and restoration of the natural environment of the state"; and 1
WHEREAS, Pursuant to the public trust doctrine long recognized in federal and Rhode 2
Island State law, title in fee simple to land, or any portion thereof, within state boundaries, 3
including all submerged lands of the State, cannot be acquired by, or transferred to, any private 4
individual or entity unless conveyed by explicit grant from the General Assembly for public trust 5
purposes; and 6
WHEREAS, The General Assembly, by its enactments, establishes the policies for the 7
preservation and use of natural resources of the State which are held in public trust by the State, 8
and has the responsibility and sole authority to balance the interests of competing proposed uses 9
for land, or any portion thereof, within State boundaries, including submerged lands, and that 10
determination shall be deemed to be, and accepted as, the authoritative definition of the public 11
interest in relation to the preservation and use of such lands; and 12
WHEREAS, The Coastal Resources Management Council (CRMC) has the responsibility 13
of managing the preservation of the State's coastal resources including submerged lands pursuant 14
to Rhode Island General Law § 46-23-1 and § 46-23-6; and 15
WHEREAS, Pursuant to Rhode Island General Law § 46-23-1, due to the size and scope 16
of the Project, any lease of submerged lands, or any license to use such lands, is subject to 17
approval, disapproval, or conditional approval from the General Assembly; and 18
WHEREAS, The Rhode Island Constitution Article VI, Section 1 states, "The general 19
assembly shall pass all laws necessary to carry the Constitution into effect"; and 20
WHEREAS, The Rhode Island Constitution Article VI, Section 2 states, "The 21
concurrence of the two houses shall be necessary to the enactment of laws."; now, therefore be it 22
RESOLVED, That this General Assembly of the State of Rhode Island hereby finds that 23
following extensive negotiations and proceedings between CRMC and Revolution Wind, LLC 24
conditions have been mutually agreed to resulting in the CRMC issuing a finding that the Project 25
is consistent with the policies of Rhode Island's approved management program, as evidenced by 26
that certain RI CRMC Federal Consistency Review of the Revolution Wind Project-Staff 27
Decision Recommendation for Concurrence, dated April 25, 2023, CRMC File No. 2021-06-029; 28
and be it further 29
RESOLVED, That in accordance with RIGL 46-23-1(f)(2), the General Assembly hereby 30
authorizes the CRMC to enter into a submerged land lease in connection with the installation, 31
construction, reconstruction, repair, replacement, maintenance, operation, uses, inspection, patrol, 32
decommissioning and removal of the Cables, in accordance with applicable law and relevant 33
CRMC regulations, which lease shall