2013 -- S 0122

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LC00416

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO WATERS AND NAVIGATION - SEPARATION OF POWERS - COASTAL

RESOURCES MANAGEMENT COUNCIL

     Introduced By: Senators Sosnowski, Felag, Sheehan, McCaffrey, and Walaska

     Date Introduced: January 24, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 46-23-2, 46-23-2.1, 46-23-4 and 46-23-4.1 of the General Laws in

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Chapter 46-23 entitled "Coastal Resources Management Council" are hereby amended to read as

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follows:

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     46-23-2. Coastal resources management council created -- Appointment of

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members. -- (a) There is hereby created the coastal resources management council. which shall

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consist of twelve (12) members as follows:

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      (1) The coastal resources management council shall consist of sixteen (16) members, two

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(2) of whom shall be members of the house of representatives, at least one of the members shall

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represent a coastal municipality, appointed by the speaker, two (2) of whom shall be members of

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the senate, each of whom shall represent a coastal municipality, appointed by the president of the

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senate, two (2) of whom shall be from the general public appointed by the speaker of the house

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for a term of two (2) years, two (2) of whom shall be from a coastal municipality appointed by the

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speaker of the house for a term of three (3) years.

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      (2) In addition, (1) four Four (4) of the members shall be appointed or elected officials of

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local government appointed by the governor, with the advice and consent of the senate one of

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whom shall be from a municipality of less than twenty-five thousand (25,000) population,

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appointed to serve until January 31, 1972, one of whom shall be from a coastal municipality of

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more than twenty-five thousand (25,000) population appointed to serve until January 31, 1973,

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and one of whom shall be from a coastal municipality of less than twenty-five thousand (25,000)

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population appointed to serve until January 31, 1974, and one of whom shall be from a coastal

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community of more than twenty-five thousand (25,000) population. appointed to serve until

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January 31, 1975, the populations are to Population shall be determined by the latest federal

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census;. all All municipal members shall serve until their successors are appointed and qualified;

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during the month of January, the governor shall appoint a municipal member to succeed the

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member whose term will then next expire for a term of four (4) years commencing on the first

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day of February then next following and until his or her successor is named and qualified; each

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municipal appointment shall cease if the appointed or elected official shall no longer hold or

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change the office which he or she held upon appointment, and further, each appointee shall be

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eligible to succeed him or herself.

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      (3) (2) Three (3) Seven (7) members shall be appointed by the governor from the general

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public, with the advice and consent of the senate, one of whom shall serve until January 1, 1972,

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one of whom shall serve until January 1, 1973 and one of whom shall serve until January 1, 1974;

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the members and their successors at least four (4) of whom shall represent a coastal community.

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     (3) Appointments to the council shall be made to provide knowledge and experience in a

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diverse range of coastal interests. The members of the council shall serve and act on the council

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solely for the best interests of the public and the public trust, and shall bring their particular

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knowledge and experience to the council for that end alone. In making appointments to the

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council, the governor shall: (i) Provide for a range and diversity of skills, backgrounds, and

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geographic and stakeholder perspectives; (ii) Include a majority of members from coastal

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communities; and (iii) Provide for representation from communities of varying sizes and

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character.

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     (4) Those members of the council as of the effective date of this act who were appointed

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by the governor shall continue to serve for the balance of their current terms. Those members of

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the council as of the effective date of this act who are members of the general assembly or who

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were appointed to the council by the speaker of the house of representatives shall cease to be

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members of the council on the effective date of this act, and the governor shall thereupon

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nominate four (4) new members.

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     (5) Two (2) of those new members first appointed by the governor pursuant to

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subdivision (a)(4) shall serve initial terms of three (3) years; one of those new members first

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appointed by the governor pursuant to subdivision (a)(4) shall serve an initial term of two (2)

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years and one of those new members, appointed by the governor pursuant to subdivision (a)(4),

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shall serve an initial term of one year. Thereafter, all non-municipal appointed members of the

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council shall be appointed to serve for terms of three (3) years.

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      (4) (6) All nonmunicipal members shall serve until their successors are appointed and

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qualified; during the month of January, the governor shall appoint, with advice and consent of

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senate, a member to succeed the each member whose term will then next expire for a term of

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three (3) years commencing on the first day of February next following and until his or her

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successor is named and qualified. A member shall be eligible to succeed him himself or herself.

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No more than two (2) persons on the council shall be from the same community.

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      (5) (7) Appointments shall first be made by the governor, then by the president of the

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senate, and then by the speaker. The director of the department of environmental management

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commissioner of the environmental protection branch or his or her designee within the

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department of environment shall serve ex-officio. The ex-officio member shall not be counted as

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serving from any particular community.

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      (b) In addition to the foregoing voting members, the council shall include a varying

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number of other members who shall serve in an advisory capacity without the right to vote and

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who shall be invited to serve by either the governor or the voting members. These advisory

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members shall represent the federal agencies such as the navy, coast guard, corps of engineers,

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public health service, and the federal water pollution control administration, and such regional

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agencies as the New England river basins commission and the New England regional commission

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and any other group or interest not otherwise represented.

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      (c) There shall be established a coastal resources advisory committee which committee,

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appointed by the executive director of the coastal resources management council, shall include,

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but not be limited to, representation from the following groups: one of whom shall be a

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representative of the University of Rhode Island Graduate School of Oceanography and the

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College of Resources Development, one of whom shall be a representative of the Sea Grant

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National College Program, one of whom shall be a representative of the army corps of engineers,

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one of whom shall be a representative of the federal environmental protection agency's

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Narragansett Bay laboratory, one of whom shall be a representative of the coastal resources

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management council, one of whom shall be the director of environmental management; one of

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whom shall be a member of the Rhode Island Marine Trade Association and one of whom shall

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be a representative of a regional environmental group. The council shall have the authority to

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appoint such additional members to said advisory committee as is deemed necessary or advisable

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by the advisory committee or the council. It shall be the responsibility of the committee to advise

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the coastal resources management council on environmental issues relating to dredging and

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permitting related thereto, including but not limited to those issues defined in sections 46-23-18.1

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-- 46-23-18.3, inclusive.

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      (d) The council shall have the authority to form committees of other advisory groups as

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needed from both its own members and others.

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     (d) The council shall have the authority to form committees of other advisory groups as

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needed from both its own members and others.

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     46-23-2.1. Members -- Term of office -- Vacancies. -- (a) The term of office of the

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appointed members shall be three (3) years, only so long as the members shall remain eligible to

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serve on the council under the appointment authority.

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      (b) (a)The members are eligible to succeed themselves.

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      (c) (b) Elected or appointed municipal officials shall hold seats on the council, only so

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long as they remain in their elected or appointed office. Members of the senate and house shall

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serve at the pleasure of the appointing authority and shall not be subject to the provisions of

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subsection (b) of this section.

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      (d) (b) A vacancy other than by expiration shall be filled in the manner of the original

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appointment but only for the unexpired portion of the term. The appointing authority shall have

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the power to remove its appointee for just cause.

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     (c) Members of the council shall be removable by the governor pursuant to the provisions

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of section 36-1-7 of the general laws and for cause only, and removal solely for partisan or

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personal reasons unrelated to capacity or fitness for the office shall be unlawful.

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     46-23-4. Officers of the council -- Quorum and vote required for action. -- The

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governor, upon the appointment of the appointed members of the council, shall select from the

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appointed members a chairperson and vice chairperson. The council shall thereupon select a

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secretary from among its membership or staff. The council may engage such staff, including legal

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counsel, as it deems necessary. A quorum shall consist of seven (7) members of the council. A

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majority vote of those present shall be required for action.

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     46-23-4.1. The commissioner of coastal resources management. -- The council

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governor shall appoint, with the advice and consent of the senate, engage a commissioner of

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coastal resources management who shall be an employee of the council and who shall not be a

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member of the council. The commissioner shall coordinate and liaison with the director of the

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department of environmental management, and his or her staff shall be at the same staff level as

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the other commissioners and shall work directly with the other commissioners. The commissioner

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of coastal resources management shall be in the unclassified service and shall serve at the

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pleasure of the governor. The duties and powers of the commissioner of coastal resources

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management shall be determined by the council. The council shall not engage a commissioner of

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coastal resources management for more than five (5) years; provided, however, that the council

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may renew its contract with the commissioner of coastal resources management.

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     SECTION 2. Chapter 46-23 of the General Laws entitled "Coastal Resources

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Management Council" is hereby amended by adding thereto the following sections:

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     46-23-26. Reporting requirements. -- Within ninety (90) days after the end of each

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fiscal year, the council shall approve and submit an annual report to the governor, the speaker of

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the house of representatives, the president of the senate, and the secretary of state, of its activities

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during that fiscal year. The report shall provide an operating statement, summarizing meetings or

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hearings held, including meeting minutes, subjects addressed, decisions rendered, applications

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considered and their disposition, rules or regulations promulgated, studies conducted, policies and

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plans developed, approved, or modified, and programs administered or initiated; a consolidated

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financial statement of all funds received and expended including the source of the funds, a listing

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of any staff supported by these funds, and a summary of any clerical, administrative or technical

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support received; a summary of performance during the previous fiscal year including

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accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or

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other legal matters related to the authority of the council; a summary of any training courses held

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pursuant to the provisions of this chapter; a briefing on anticipated activities in the upcoming

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fiscal year, and findings and recommendations for improvements. The report shall be posted

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electronically on the website of the secretary of state pursuant to the provisions of section 42-20-

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8.2. The director of the department of administration shall be responsible for the enforcement of

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this provision.

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     46-23-27. Training requirements. -- The council shall conduct a training course for

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newly appointed and qualified members within six (6) months of their qualification or

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designation. The course shall be developed by the chair or the executive director of the council,

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be approved by the council, and be conducted by the chair or the executive director of the

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council. The council may approve the use of any council and/or staff member and/or individuals

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to assist with training. The training course shall include instruction in the following areas: the

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provisions of chapters 42-46, 36-14 and 38-2; and the council's rules and regulations. The director

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of the department of administration shall, within ninety (90) days of the effective date of this act,

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prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and

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38-2.

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     SECTION 3. Title 22 of the General Laws entitled "GENERAL ASSEMBLY" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 14.3

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PERMANENT JOINT COMMITTEE ON COASTAL RESOURCES

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     22-14.3-1. Permanent joint committee on coastal resources - Composition. -- (a)

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There is hereby created a permanent joint committee on coastal resources. The permanent joint

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committee on coastal resources shall consist of eight (8) members: four (4) of whom shall be

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members of the senate, not more than three (3) from the same political party, to be appointed by

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the senate president; and four (4) of whom shall be members of the house of representatives, not

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more than three (3) from the same political party to be appointed by the speaker of the house.

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     (b) The senate president and the speaker of the house shall consult with the house and

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senate minority leaders on the appointment of the minority members.

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     22-14.3-2. Powers and duties of permanent joint committee on coastal resources. --

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The permanent joint committee on coastal resources shall have the authority to:

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     (1) Provide oversight of the coastal resources management council and of the department

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of environmental management in all matters relating to the use, conservation, regulation and

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management of the coastal resources of this state;

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     (2) Confer, as the committee deems desirable, with the chairperson and staff of the

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coastal resources management council and with the director and staff of the department of

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environmental management;

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     (3) Issue subpoenas, subpoenas duces tecum and orders for the production of books,

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accounts, papers, records and documents, and;

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     (4) Make recommendations to the general assembly and propose legislation regarding (i)

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The use, conservation, regulation and management of the coastal resources of this state; and (ii)

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The operation of the coastal resources management council and/or the department of

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environmental management.

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     SECTION 4. This act shall take effect upon passage.

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LC00416

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION - SEPARATION OF POWERS - COASTAL

RESOURCES MANAGEMENT COUNCIL

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     This act would change the method by which members of the Coastal Resource

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Management Council are appointed, in accordance with the Separation of Powers Constitutional

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Amendment.

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     This act would take effect upon passage.

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LC00416

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