§ 42-98-7 Powers and duties. – (a) The siting board is the licensing and permitting authority for alllicenses, permits, assents, or variances which, under any statute of the stateor ordinance of any political subdivision of the state, would be required forsiting, construction or alteration of a major energy facility in the state.
(2) Any agency, board, council, or commission of the state orpolitical subdivision of the state which, absent this chapter, would berequired to issue a permit, license, assent, or variance in order for thesiting, construction, or alteration of a major energy facility to proceed,shall sit and function at the direction of the siting board. These agenciesshall follow the procedures established by statute, ordinance, and/orregulation provided for determining the permit, license, assent, or variance,but, instead of issuing the permit, license, assent, or variance, shall forwardits findings from the proceeding, together with the record supporting thefindings and a recommendation for final action, to the siting board.
(3) Notwithstanding any provision in this chapter to thecontrary, in those instances in which the department of environmentalmanagement exercises a permitting or licensing function under the delegatedauthority of federal law, including, but not limited to, the Federal CleanWater Act (33 U.S.C. § 1251 et seq.), the Resource Conservation andRecovery 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 implementthose federal laws, the department of environmental management shall be thelicensing and permitting authority. Moreover, the authority to issue licensesand permits delegated to the department of environmental management pursuant tochapter 1 of title 2 and to the coastal resources management council pursuantto chapter 23 of title 46, shall remain with those agencies, but in all otherrespects the department of environmental management and the coastal resourcesmanagement council shall follow the procedures set forth in this chapter.
(b) The siting board is authorized and empowered to summonand examine witnesses and to compel the production and examination of papers,books, accounts, documents, records, certificates, and other legal evidencethat may be necessary for the determination of its jurisdiction and decision ofany 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 thestandards for intervention.
(e) The siting board's proceedings shall in all respectscomply with the requirements of the Administrative Procedures Act, chapter 35of this title, except where otherwise explicitly provided.
§ 42-98-7 Powers and duties. – (a) The siting board is the licensing and permitting authority for alllicenses, permits, assents, or variances which, under any statute of the stateor ordinance of any political subdivision of the state, would be required forsiting, construction or alteration of a major energy facility in the state.
(2) Any agency, board, council, or commission of the state orpolitical subdivision of the state which, absent this chapter, would berequired to issue a permit, license, assent, or variance in order for thesiting, construction, or alteration of a major energy facility to proceed,shall sit and function at the direction of the siting board. These agenciesshall follow the procedures established by statute, ordinance, and/orregulation provided for determining the permit, license, assent, or variance,but, instead of issuing the permit, license, assent, or variance, shall forwardits findings from the proceeding, together with the record supporting thefindings and a recommendation for final action, to the siting board.
(3) Notwithstanding any provision in this chapter to thecontrary, in those instances in which the department of environmentalmanagement exercises a permitting or licensing function under the delegatedauthority of federal law, including, but not limited to, the Federal CleanWater Act (33 U.S.C. § 1251 et seq.), the Resource Conservation andRecovery 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 implementthose federal laws, the department of environmental management shall be thelicensing and permitting authority. Moreover, the authority to issue licensesand permits delegated to the department of environmental management pursuant tochapter 1 of title 2 and to the coastal resources management council pursuantto chapter 23 of title 46, shall remain with those agencies, but in all otherrespects the department of environmental management and the coastal resourcesmanagement council shall follow the procedures set forth in this chapter.
(b) The siting board is authorized and empowered to summonand examine witnesses and to compel the production and examination of papers,books, accounts, documents, records, certificates, and other legal evidencethat may be necessary for the determination of its jurisdiction and decision ofany 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 thestandards for intervention.
(e) The siting board's proceedings shall in all respectscomply with the requirements of the Administrative Procedures Act, chapter 35of this title, except where otherwise explicitly provided.
§ 42-98-7 Powers and duties. – (a) The siting board is the licensing and permitting authority for alllicenses, permits, assents, or variances which, under any statute of the stateor ordinance of any political subdivision of the state, would be required forsiting, construction or alteration of a major energy facility in the state.
(2) Any agency, board, council, or commission of the state orpolitical subdivision of the state which, absent this chapter, would berequired to issue a permit, license, assent, or variance in order for thesiting, construction, or alteration of a major energy facility to proceed,shall sit and function at the direction of the siting board. These agenciesshall follow the procedures established by statute, ordinance, and/orregulation provided for determining the permit, license, assent, or variance,but, instead of issuing the permit, license, assent, or variance, shall forwardits findings from the proceeding, together with the record supporting thefindings and a recommendation for final action, to the siting board.
(3) Notwithstanding any provision in this chapter to thecontrary, in those instances in which the department of environmentalmanagement exercises a permitting or licensing function under the delegatedauthority of federal law, including, but not limited to, the Federal CleanWater Act (33 U.S.C. § 1251 et seq.), the Resource Conservation andRecovery 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 implementthose federal laws, the department of environmental management shall be thelicensing and permitting authority. Moreover, the authority to issue licensesand permits delegated to the department of environmental management pursuant tochapter 1 of title 2 and to the coastal resources management council pursuantto chapter 23 of title 46, shall remain with those agencies, but in all otherrespects the department of environmental management and the coastal resourcesmanagement council shall follow the procedures set forth in this chapter.
(b) The siting board is authorized and empowered to summonand examine witnesses and to compel the production and examination of papers,books, accounts, documents, records, certificates, and other legal evidencethat may be necessary for the determination of its jurisdiction and decision ofany 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 thestandards for intervention.
(e) The siting board's proceedings shall in all respectscomply with the requirements of the Administrative Procedures Act, chapter 35of this title, except where otherwise explicitly provided.
