In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, November 28, 2017 at 5:00 p.m. in the Cafeteria, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Jennifer Cervenka, Chair
Raymond Coia
Don Gomez
Ron Gagnon, DEM Rep
Mike Hudner
Jerry Sahagian
Trish Reynolds
Michelle Collie
Lisette Gomes

Members Excused
Joy Montanaro

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
James Boyd, Coastal Policy Analyst
David Reis, Spv Environmental Scientist
Danni Goulet, Marine Infrastructure Coordinator
Anthony DeSisto, Legal Counsel
John Longo, Legal Counsel

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 5:00 p.m. and gave directions on exits, restrooms and interpreter services for language and hearing. Meeting will run until 9:00 tonight. Cart Services available two sign language interpreters as well.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka requested several corrections to the minutes from the Semimonthly meeting of
November 14, 2017:

• Page Two, fifth paragraph, correct the term “extension discussions” to “extensive discussions”;
• Page Three, second paragraph:
  • change “in Providence” to “located at the Port of Providence”;
  • change “proposal” to “certification”;
  • change the term “within the policies of the CRMP” to “in accordance with the enforceable policies of the CRMP”;
• Page Three, third paragraph, correct “-250 degrees Fahrenheit” to “-260 degrees Fahrenheit”.

Council Member Coia motioned, seconded by Council Member Hudner, to approve the minutes with the requested corrections. Motion carried on a unanimous voice vote.

3. STAFF REPORTS

None were heard.

4. SUBCOMMITTEE REPORTS

None were heard.

5. FEDERAL CONSISTENCY FOR CONSIDERATION BY THE COUNCIL:

2016-10-099 NATIONAL GRID LNG, LLC (NGLNG): Construct and maintain a new natural gas liquefaction facility ancillary to the existing liquefied natural gas (LNG) tank and associated vaporization plant and truck station located at 121 Terminal Road, Providence, RI. The proposed natural gas liquefaction facility (Project) will be constructed on a portion of the 42 acre property owned by Narragansett Electric Company (TNEC) d/b/a National Grid, and leased to NGLNG. The Project will be constructed adjacent to National Grid’s existing LNG storage tank and vaporization plant. Nine to eleven (9-11) feet of clean fill will be placed on the Project site to elevate the proposed liquefaction facility to an elevation 21 feet (NAVD88) to avert inundation during a 100-year storm event. The fill slope constructed to support the Project will be protected by a riprap slope armoring (revetment). The natural gas supply for the Project will be provided by an existing natural gas pipeline, which runs beneath the Providence River to the site. Liquefied natural gas will be stored in the existing LNG tank that is connected to existing tank fill lines as part of the existing LNG truck station. Stormwater runoff from the Project will be directed to a sand filter for treatment before discharge to the Providence River. A variance is required from CRMP Section 140.B.1 for construction of the proposed revetment protected slope and placement of clean fill material within the 50-foot coastal feature setback.

National Grid LNG, LLC is seeking a federal license, permit or authorization from the Federal Energy Regulatory Commission (FERC) pursuant to Section 7(c) of the Natural Gas Act (U.S. Code 15 § 717). Federal actions, including the issuance of federal licenses, permits or authorizations that are reasonably likely to affect any land or water use or natural resources of a coastal zone must be consistent with the enforceable policies and standards of the federally approved state coastal management plan. While FERC’s jurisdiction in this matter preempts state law, it does not impact the CRMC’s federal consistency authority and jurisdiction of the Project pursuant to the federal Coastal Zone Management Act (CZMA), 16 USC §§ 1451-1464, and the CZMA’s implementing regulations at 15 C.F.R. Part 930 Subpart D – Consistency for Activities Requiring a Federal License or Permit.

Therefore, the Council will not be issuing an Assent for this Project; rather the CRMC will be issuing a determination as to whether the Project is consistent with the enforceable policies and standards of the Rhode Island Coastal Resources Management Program (CRMP) in accordance with the applicable federal regulations of 15 C.F.R. Part 930 Subpart D.

Located at Port of Providence, 121 Terminal Avenue, Providence, RI.

Chair Cervenka addressed the audience stating that the hearing would continue with Public Comment for a period of 2.5 hours (5 minutes per speaker). At the closure of Public Comment, the applicant would have time for rebuttal and then the Council would deliberate and come to a decision tonight.
Director Fugate stated, for the Council member’s, that he had confirmed with NOAA, that the CRMC’s scope of review was, in fact, preempted by NOAA, reiterating that CRMC reviewed the application through a very narrow scope as directed by FERC and NOAA. Director Fugate stated that issues such as citing and public safety are preempted by the Natural Gas Act under FERC and CRMC cannot consider those issues when reviewing. Director Fugate stated that NOAA indicated it does not believe a variance exists under this provision and that CRMC can only review a variance if it is related specifically to enforceable policy directed to the coastal resources. Director Fugate explained that even though Coastal staff is very concerned about carbon-based fuel systems and their implications for climate change, NOAA has indicated that CRMC cannot consider those issues and must limit review to to issues of our enforceable policies as they impact coastal resources.

Chair Cervenka added that under the Federal regulations that we perform this consistency review pursuant to, CRMC is not required to have any public hearings, and stated that it was the Council’s choice to provide an opportunity for public comment.

Chair Cervenka introduced two Council Members that had not been able to attend the previous hearing: Councilmember Jerry Sahagian and Councilmember Lisette Gomes. Attorney DeSisto asked both Councilmember Sahagian and Councilmember Gomes, for the record, if they had read the transcript of the previous hearing. Both confirmed that they had.

Chair Cervenka, using the sign in sheet from the previous hearing, began calling people who asked for time to comment. Many names called were not yet present at the meeting: Matt Perry, Emanuel Rossi, Fred Ordinez, Edwin Riviera, Adeola Ordidola, Gina Rodriguez, Kathy Strayer, Kate Aubin, Josh Catone, Yaou Lui, Ash Trull, Richard Poyant, Jesus H, Joby Gilspan, Ben Gross, Saemus Flynn, Margaret Thorsen, Nari Sohn, Senator Jeanine Calkin, Mary Pendergast, Solmari Cante, Emanuel Raggi, Kathy Strayer, and Ian Harris.

Lily Gordon, RI Student Climate Coalition, addressed the Council asking for them to reject the proposal as it would be a disservice to the public that NOAA is restricting the CRMC from reviewing the project in all its capacity. Lily expressed her viewpoint on FERC stating that they receive their funding from the fossil fuel industry that it is meant to regulate. Lily brought to the Council’s attention a situation in Washington State (March 31st, 2014) in which an explosion occurred that injured workers and caused a two-mile radius evacuation. Lily asked the Council to review the project as they would any other coastal community.

Michael Sabitoni, President of the Rhode Island Building and Construction Trades Council and Business Manager of the Rhode Island Laborers Business Council, asked for the Council to vet the project on its merits and on the Council’s purview but not on the emotion. Michael stated that the Chairman of the International Society of Arboriculture stated that natural gas is going to be the bridge fuel for the next 40 years. Michael stated that this project is necessary for distribution to the northeast until the reality of renewable energy becomes readily available.

Greg Mancini, representing Build Rhode Island, expressed their local support for the project and recognized that the Council’s review is confined by the preemption standards of NOAA and FERC.
Lorraine Savard expressed her objection to the proposal as she believed the project is primarily for sea- bound exportation not for local use as demand gets high in the northeast. Lorraine expressed concern for Narragansett Bay and the health and wellbeing of the neighborhood inhabitants.

Reverend David Helfer, a Unitarian Universalist minister serving a congregation in South County and a Board member for Rhode Island Interfaith Power and Light, expressed his concern and objection for this project based on his 20+ previous years in the environmental field working on the environmental impacts due to energy related projects.

Senator Gayle Goulden, District 3, was unable to attend but asked Kate Schapira to submit, on her behalf, a letter of objection to the Council, marked as Exhibit 15. Kate Schapira read the letter for the record.

Luke Craft, Property Manager for AS-220 which is a non-profit in Providence that owns and operates real estate down town. Luke expressed his concern about the proposed project from the stand point that his organization had just spent $500,000 to replace natural gas heating systems with electric heating systems as electric is more efficient and very clean. Luke talked about sea level rise, a future of renewable energy, the risk involved with the addition of LNG in this area, and the inconsistency with the design life of the current National Grid facility.

Jan Luby talked about here experience as a child growing up on Coney Island when the tank blew up in New Jersey and asked the Council to consider the cost to the environment as well as human cost in the event of a catastrophic incident.

Aaron Regunberg, State Representative in Providence, encouraged the Council to consider the existential threat factor of climate change and sea level rise into the decision making process. Rep Regunberg asked the Council to think about future generations when making this decision.

Justin Boyan, Providence resident and co-leader of Climate Action Rhode Island (affiliate of 350.org), spoke about the federal report on climate change that stated that the carbon dioxide amount in our earth’s atmosphere is already beyond the healthy limit (350 parts per million) to a habitable earth. Justin asked the Council to consider the future when making this decision. Justin also objected to the variance to the 50-foot setback stating that any other project before CRMC that requested approval of filling and 21 foot riprap revetment would be denied.

Barbara Morin, Principle Environmental Health Toxicologist at the Department of Health, was present to testify on behalf of Nicole Alexander Smith, Director of the Department of Health. Barbara stated that a letter was submitted for the record which was written to FERC from the Department of Health outlining concerns related to potential health impacts associated with this project. Barbara stated that the Department of Health recognized that FERC has the main jurisdiction of this project and that CRMC’s role is limited to the consistency determination, however, they feel some of their concerns are still relevant and should be considered in CRMC’s evaluation of the project, such as environmental and social impacts of this project (as per Section 300.8.D of the CRMP). Dr. Nicole Alexander-Scott’s letter dated November 28, 2017 was submitted and marked as Exhibit 16.

Marcia Ranglan-Vassell, State Representative of Providence District 5, and a Providence Public School Teacher, strongly opposed the LNG project and requested the Council deny the variance and declare the project inconsistent with the requirements of the CRMP. Rep. Ranglan-Vassell also stated that the project should not be financed by taxpayers. Rep. Ranglan-Vassell, who has a degree in community health education from Rhode Island College, stated that the project is a form of environmental injustice and racial and environmental racism explaining that National Grid does not care about the most vulnerable citizens of the area many of whom are already suffering from compromised immune systems. Rep Ranglan-Vassell stated that the project would reduce property values, release toxins and other pollutants into the areas soil and water. Rep. Ranglan-Vassell finished by asking the Council to use their power to vote against the project for today’s generations and the ramifications on future generations. A copy of written testimony submitted for the record and marked as Exhibit 17.
Nirva LaFortune, Providence City Councilor representing Ward 3 and someone who was raised in a southside Washington Park neighborhood, addressed the Council to object to the project based on environmental impacts from filling of floodplain, increase in truck traffic emissions, exposure to contaminated soil during construction and an extension of timeframe with no remediation of the area. City Councilor LaFortune explained the census statistics for the area and expressed concern that RI Hospital’s medical complex was within two miles of the facility and any failure of equipment or structure resulting from storm damage and natural gas leakage or explosion would place these neighborhoods and populations at risk. City Councilor LaFortune talked about the area being the 91st percentile for the state of diesel air toxin exposure and is considered an asthma hotspot. City Councilor LaFortune closed asking the Council to reject the LNG proposal.

Matt Perry, medical Student at Brown University and a resident of Providence, stated that he had just completed a shift from his pediatric clerkship where he saw numerous asthma cases. Matt reiterated that this area has the highest percentage of asthma in the state. Matt expressed his concern about the narrow scope of review of this project and asked the Council stop the project from going forward.
Fred Ordonez, Executive Director of Direct Action for Rights and Equality (DARE), started his comments by stating that his offices were in close proximity to the facility and that they represent families that live all around the facility. Fred spoke about all the reasons why the Council has the power to say no to this facility. Fred spoke about his experience being on boards and commissions and how those boards and commissions would use any little piece of information within their purview to deny a project and asked that the Council do the same. Fred talked about 30 additional years of cumulative impacts on the powerless neighborhood citizens’ health and welfare.

Jennifer Brown earned an Environmental Science Degree from the University of Massachusetts at Amherst and worked for environmental engineering firm where she gained knowledge of regulatory permitting and how people can navigate the process. Jennifer questions the Council on how they will ensure that the volume of liquefied natural gas will not increase. Chair Cervenka explained that the Council was looking at the coastal effects of the liquefaction facility. Mr. Fugate stated that National Grid had made certain representations and the CRMC is reviewing based on those representations and that any significant deviation from those representations would potentially trigger another review or authorization. Jennifer stated that National Grid may have other plans for the future and that this site will become an international export point for all the fracked gas pipelines being built across the country. Jennifer asked the Council to deny the variance.

The Chair called a five minute break.

At the return of the break, Chair Cervenka stated that public comment would continue and hopefully wrap up at 7:30 p.m.

Emanuele Raggi, Ocean Engineer having experience working for oil and gas company specifically LNG and CNG projects. Emanuele expressed concern about safety issues such as not addressing the kind of safety system to be put in place in the event of an emergency; access of the site during significant storm events due to flooding of the area; and concerns regarding a discrepancy in the elevation figures. Emanuele concluded stating that the project is not safe and asked the Council not to support the project.

Adeola Oredola began by asking the Council to have the courage to make the difficult decision before them. Adeola stated that it was time for the change to renewable energy and asked the Council to hear the Community.

Kate Aubin, resident of Cranston, living approximately two miles away from the project site, takes the bus down Allen’s Avenue passed the project site which is already a significantly toxic area. Kate stated that the close proximity of the site to the hospital should be reason enough to stop the proposal and that the Council should deny the application and show the neighborhood that their health and welfare are more important than a large corporation’s profit.

Josh Catone, Cranston resident, began by stating that there were two serious safety issues in Providence within the past year: a train car that derailed at Motiva in March; and, a gas transmission line that ruptured causing a gas leak in the air. Josh talked about how close these two incidents were to the project site and expressed his concern about the extreme danger to the neighborhood. Josh urged the Council to not support the project.

Ash Trull is a Providence resident, a local business owner, and a member for Showing Up for Racial Justice Rhode Island and White Noise Collective. Ash has a degree in global environmental studies and reminded the Council why they were created by the RI General Assembly “To preserve, protect, develop, and where possible, restore the coastal resources of the State for this and succeeding generations, through comprehensive and coordinated long-range planning and management...” Ash stated the CRMC also needed to consider and defend the rights and health of the future generations and to consider and defend the waterfront ecosystems of which humans are a part of. Ash stated that since the citizens of the area were powerless in this decision, they relied on the Council to listen to the community and represent them and their needs. Ash expressed her concern about the Council’s plans to deliberate and vote on this project without proper vetting of the comments received. Ash asked the Council to make their decision based on the safety, health and welfare of the community.

Andrew Poyant speaking on behalf of Richard Poyant explained that Richard is a third generation small business owner of Poyant Signs. Andrew stated that the business had to evolve with the times and that over the years, signs have changed and customers have demanded to become more efficient and that the predominant amount of signs are LED signs so as to reduce their electrical use and bill. Andrew stated in the past year, Poyant signs had gone solar powered and is able to compete with companies overseas with product being made in the US. Andrew closed by stating that the evolution of heat energy needs to go forward to renewable energy.

Christina Cabrera read a statement on behalf of Jesus Holguin who is a part of the Environmental Justice League of Rhode Island and requested denial of National Grid’s request for a variance from the 50-foot setback as it is not compliant with RICRMP requirements. Statement submitted for the Council’s review.

Irene Beauregard read a statement on behalf of Joby Gelbspan who could not be present. Joby’s statement expressed concern that the need for the facility was not demonstrated as per RICRMP requirement.

Solmari Cante of the Environmental Justice League of RI spoke to the Council members about the health factors that are caused by the facilities in the area of the National Grid Project. Solmari stated that asthma related health issues are prevalent in this area.

Judy Burr spoke to the Council echoing many of the objections and comments made by fellow community members. Judy stated that the project did not conform to the future of renewable energy of Rhode Island and encouraged the commission to use their power to stop the project.

Chris Quiray a Rhode Island resident, who is working in solar energy industry, opposed to the LNG project on the basis that RI would see far more benefit from investing in modern renewable energy infrastructure. Chris pointed out that solar energy is a technology that is improving, creating more jobs and a more stable investment for Rhode Island. No such thing as a solar spill. Document marked as Exhibit #22.

Sophia Owen, Attorney and Rhode Island Community organizer for Toxic Actions Center, which is an organization that believes that everyone has a right to breathe clean air, drink clean water and live in a healthy community where government operates responsibly and democratically. Sophia spoke about the toxic nature of the facility, proximity to the coast and possibility of coastal flooding and climate- change related weather impacts. Sophia stated that it is believed the facility will be used as an exporting site which will increase the rate that Rhode Islanders pay for Natural Gas. Sophia expressed concern for the neighborhood and that will be affected by this facility calling it environmental racism. Sophia asked the Council to oppose the facility.

Katherine Accola asked the Council to be forward-looking as that will bring in new business looking for forward thinking states.

Paul Rosseli had to leave but his comments were submitted.

Karen Palmer read an article from the Aftermath of Hurricane Harvey, “A Public Health Crisis in the Making,” and its “Federal chemical industry adds a toxic brew.”

Laura Brown-Lavoie, farmer, addressed the Council to encourage them to make a decision in a hopeful way rather than a death route. Laura stated that the property would be better used remediated to provide food for a lot of people.

Rebecca Kizlak, Providence Resident, Attorney, Health policy consultant and candidate for State representative, spoke about being an advocate for good health policies that support healthy communities. Rebecca stated that this project was dangerous to the health of an already environmentally overburdened community and urged the Council to reject the proposed LNG facility in Providence and deny the Federal Consistency request as National Grid does not meet all of the requirements of a variance. Rebecca spoke about health concerns, rate hikes and interest in renewable energy.

Linda Perry, resident of Washington Park, asked the Council to do the right thing and not approve the project based on health issues, danger to the community, increase trucking to and from the facility and also the distaste for fracking. Linda expressed an interest in seeing Quonset be the biggest solar farm in the state.

Brief Recess

Ailey Wilder who was raised in Washington Park, within a half of a mile from Allen’s Avenue spoke about a traumatic evacuation experience that occurred when she was a child due to an explosion at a facility on Allen’s Avenue.

Nicole Capobianco is a local resident living in the Washington Park neighborhood, and co-owner of Ocean State Organics, an organic urban farm, composting site and farm blog. Nicole talked about how she and her partner run a low energy home. Nicole talked to the Council about land and water remediation in the area by utilizing urban agriculture models. Nicole expressed her concerns for health and safety not only from the facility itself but from the unearthing of contaminants into the air and water as construction takes place. Nicole asked the Council to reject the proposal as it does not reflect our future towards a sustainable life on earth.

Eli Nixon, daughter of Scott Nixon, Scientist and Oceanographer out of URI who also served on the CRMC Scientific Advisory Board on project in Narraganset Bay, spoke about being against the project speaking on behalf of the past, her father, and the future, her own child. Eli spoke about CRMC’s mandate to protect the resources around Narragansett Bay and what would happen with the increase in vulnerability to the sea level rise, coastal risk proposed by climate change and storm surge. Eli asked what would happen to fisheries, tourism, and inhabitants of the coastal areas. Eli asked the Council to say no to the project.

Andrew Littlejohn urged the Council to consider precedence when reviewing this project. Andrew is a Providence resident and a researcher at Harvard focusing on the aftermath of an accident of Fukushima Nuclear Power Plant. Andrew talked about the vague/inadequate safety proposals for the project as well as climate change and increasingly severe risks that could compromise coastal resources.
John Ellis, South Kingstown Resident and employed in Warwick, began be stating that this proposal would never by cited in those two communities. John was previously employed by URI School of Oceanography and by Narragansett Bay Commission. John’s comments were focused on environmental impacts to Narragansett Bay stating that there would be environmental costs from traffic and trucking, movement of contaminated soils, and reshaping the flood area within 15 feet of the bay. John stated that all the activities are against what CRMC’s normal role and purpose, as well as against the taxpayers of Rhode Island residents. John asked the Council to step up and protect the coast.

Arely Diaz, local Providence resident and member of Fighting Against Natural Gas (FANG), read comments submitted to FERC and submitted FANG Collective letter for the record which was marked as Exhibit 26.

Lisa Petri, resident of Richmond and climate justice activist, spoke about the future and what we are leaving for our children and grandchildren. Lisa spoke out against FERC allowing so many fossil fuel projects to be approved and stated that allowing FERC to make the decision is not the responsible thing to do.

David Veliz, Environmental Justice Chair for the Sierra Club of Rhode Island, as well as an organizer for Childhood Action Project, but spoke as a father who is worried about the future that is being left for our children. David also expressed concern that the State is moving in the wrong direction in terms of energy. David asked the Council to shut the project down.
Rebecca Noon speaking as a resident of Newport, RI expressed concern that a project such as this should not happen in anyone’s back yard. Rebecca spoke about how this decision is about balancing environmental issues with economic issues. Rebecca spoke about human life being more important than money. Rebecca also spoke from the standpoint of a Cancer survivor and the need to make the earth cleaner.

William Hancock-Brainerd addressed the Council regarding whether or not National Grid received all their local and state permits and explained that the NO LNGinPVD has taken an appeal on the RIDEM STRAP report and there is a request for adjudicatory hearing.

Zachary Patten speaking based on his experience in the insurance industry where they evaluate and manage risk. Zachary spoke about historical incidents dating as far back as 1944 but all located in other states. Zachary also spoke about frequency and severity of weather related incidents that continue to change due to climate change.

Jim Frain spoke from the stand point of a former software developer in the context of disaster recovery in coastal resources, as well as a former software engineer in a legal context related to oil and gas companies. Jim also spoke as a kayaker who has witnessed the difference between kayaking up the river toward Pawtucket, down towards Pawtuxet Village, all over the bay.

Kevin Descoteaux, a RI resident from birth but having lived in Providence since 1995, expressed to the Council that people do matter in their decision making process. Kevin recalled from the CRMC

website that the Council can consider the public health, safety, welfare, security and need for these facilities and that the facility should not cause unacceptable harm to the environment and will enhance the socioeconomic fabric of the state.... Kevin asked the Council to look back and learn from the mistakes of previous incidents and make a decision based on past experience. Kevin stated that RI should not invest in the modern equivalent to a horse-drawn buggy.

Gina Rodriguez spoke as a resident of Washington Park and a birth worker with the RI Doula Collective. Ms. Rodriguez spoke passionately about her objection to this project and eventually was asked to sit down due to her method of comment.

Brief recess.

Daniel Calkin spoke about the question of authority between FERC and CRMC and to give the people of Rhode Island a fighting chance.

Senator Jeanine Calkin from District 30 in Warwick spoke in opposition to allowing the LNG facility to move forward. Senator Calkin spoke of Rhode Island becoming a leader in supporting and investing in renewable energy. Senator Calkin asked the CRMC to deny any permits or approvals for this project based on these reasons: reject the investments in new fossil fuel infrastructure, the potential environmental impacts, environmental racism and issues relating to not meeting CRMC guidelines on the variance criteria.

S. Paul Ryan, Attorney on behalf of NO LNG in PVD, stated that as a third party applicant, the CRMC can apply strict enforcement of RICRMP Section 120. Attorney Ryan stated that the facility would have to withstand any changes in the area or environment for the next 40 years to come. Attorney Ryan brought to the Council’s attention the Houston flood which came from the third 500 year storm in three years in Houston. Attorney Ryan stated that the Council could ask for significant engineering which would show what would happen to this plant in a severe storm event. Attorney Ryan stated that the Council could ask for Peer Reviews on the engineering of the project. Attorney Ryan stated that since the deadline for review is February 28th, there is plenty of time to request both items and asked that the Council delay their voting. Attorney Ryan pointed out that Save The Bay asked that vegetation be provided on an abutting lot which is a requirement under the variance criteria.

Chair Cervenka closed the public comment period and stated that the Council will return on December 12 to hear from the applicant again and have Council deliberations.

9. ADJOURN

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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