§ 42-98-7. Powers and duties.
(a)(1) The siting board is the licensing and permitting authority for all licenses, permits,
assents, or variances that, 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 that, 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 that 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.