2013 -- S 0517

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LC01181

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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 AGRICULTURE AND FORESTRY

     Introduced By: Senators Sosnowski, Sheehan, Walaska, Kettle, and Cool Rumsey

     Date Introduced: February 28, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 2-1 of the General Laws entitled "Agriculture Functions of the

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Department of Environmental Management" is hereby amended by adding thereto the following

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section:

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     2-1-1.1. Division of Agriculture. -- (a) Powers and duties. The powers and duties of the

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department of environmental management with regard to agriculture shall be vested in the

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director and shall be put into effect through the division agriculture, established in section 42-

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17.1-4 and in accordance with the provisions of this section. The division of agriculture shall be

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considered the agricultural agency of the state of Rhode Island and Providence Plantations, and

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the chief of the division shall report directly to the director with regard to functions and duties

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pertaining to farms, farm operation, and agriculture as set forth in this section or elsewhere

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established in the general laws unless expressly assigned by law to another agency or entity.

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     (b) Findings and declaration of policy. The general assembly finds and declares that:

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     (1) Agriculture is both a basic human activity and a dynamic, natural resource based

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business sector that contributes significantly to Rhode Island’s economy;

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     (2) Agricultural operations and the necessary business infrastructure to support

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agriculture are found in communities of all population densities in the state and contribute to the

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quality of life in the state;

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     (3) Agriculture has shaped and continues to inform the landscape of the state;

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     (4) Agriculture has been a significant state interest throughout Rhode Island’s history;

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     (5) Agriculture has become a heavily regulated industry, while the preservation of

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agriculture has been a significant purpose and an area of on-going public investment;

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     (6) Agriculture, for its success, is dependent on the availability and quality of soil and

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other growing media and water supply, the quality and duration of the growing season, the

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expertise of farmers and other agriculturists, the access to capital, and availability of labor, and

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the presence of capacities for processing, aggregation and distribution, and sales of farm

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products;

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     (7) It is the established and declared policy of the state to promote, protect and secure the

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viability and appropriate expansion of agriculture in the state.

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     (c) Purposes. The purposes of this section are to:

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     (1) Recognize the division as the agricultural agency of the state;

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     (2) Provide explicitly for the coordination of the state’s interests in agriculture through

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the division;

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     (3) Establish a common basic meaning of the terms pertaining to agriculture, farms, and

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farming to effectuate the specific agricultural purposes in the general laws in an effective,

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integrated, coherent, and consistent manner;

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     (4) Facilitate appropriate preservation, expansion, and sound development of agriculture

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in all communities of the state, including urban communities, as important to the economic

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development of the state and the health and well being of the people of the state;

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     (5) Make available to the people of the state and visitors to the state the products and

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services of Rhode Island agriculture, including through direct to consumer sales, restaurant and

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other hospitality venues, retail outlets, and public and private institutions including, but not

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limited, to schools and hospitals;

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     (6) Promote coordination and cooperation among state and local agencies, entities and

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political subdivisions with responsibilities established by law for agriculture, with associations,

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organizations, businesses and persons concerned with agriculture; and

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     (7) Provide for integrated planning, management, and regulatory activity as necessary for

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the preservation, expansion, viability and sound development of agriculture in the state.

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     (d) Definitions. As used in this chapter, the following words and terms shall have the

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following meanings, unless the context indicates another or different meaning or intent:

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     (1) "Agriculture" means propagation, care, cultivation, raising, and harvesting of the

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products of truck farming, horticulture, turf, viticulture, viniculture, floriculture, forestry/tree

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farming, sugar bush, stabling of five (5) or more horses, dairy farming, or aquaculture, or the

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raising of livestock, including for the production of fiber, furbearing animals, poultry, or bees.

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Unless the context or intent indicates another or different meaning, the term “farming” shall be

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treated as a synonym for agriculture as herein defined.

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     (2) "Department" means the department of environmental management.

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     (3) "Director" means the director of the department of environmental management.

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     (4) “Division” means the division of agriculture as established in section 42-17.1-4 with

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the powers and duties set forth in this section.

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     (5) "Farm" means stock, dairy, poultry, fruit, furbearing animal, and truck farms,

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plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for

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the raising of agricultural or horticultural commodities including turf, orchards, vineyards and

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woodlands and sugar bush and all such other types of farming as are considered "agricultural

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operations" pursuant to section 2-23-4.

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     (6) "Farmland" means land, or other defined geographic area, that is owned or leased and

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is either devoted to agriculture or is being restored to use for agriculture or land that was

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previously devoted to agriculture and has not been developed for or converted or dedicated to

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another use.

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     (7) "Farm Operation" means activities for the purposes: (i) Improving or cultivating the

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soil or raising or harvesting any agricultural or horticultural commodity (including the raising,

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shearing, feeding, caring for, training, and management of animals) on a farm; (ii) Handling,

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drying, packing, grading, or storing on a farm any agricultural or horticultural commodity in its

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unmanufactured state, but only if the owner, tenant, or operator of the farm regularly produces

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more than one-half (½) of the commodity so treated; (iii) Processing, holding, storing on a farm

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any agricultural or horticultural commodity but only if the owner, tenant, or operator of the farm

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regularly produces more than one-half (½) of the commodity so treated, (iv) (A) The planting,

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cultivating, caring for, or cutting of trees, or (B) The preparation (other than milling) of trees for

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market, and (v) Selling any agricultural or horticultural commodity or product but only if the

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owner, tenant, or operator of the farm regularly produces more than one-half (½) of the

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commodity or product so being sold.

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     (8) "Farmer" means a person who is the owner or tenant of a farm and is actively engaged

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in farming and either files a 1040F U.S. Internal Revenue Form, or otherwise reports income

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from farming for income tax purposes with the Internal Revenue Service, and has a state tax

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number or is a nonprofit corporation that has as its purpose providing for agriculture.

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     (9) "Person" means an individual, partnership, trust or trustee, corporation, or association.

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     (e) Agricultural functions of the division.

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     (1) Providing for soil conservation and improvement;

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     (2) Preserving farmland;

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     (3) Marketing of Rhode Island farm products and services and Rhode Island produced

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food;

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     (4) Establishing and administering minimum standards as provided for by law for

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agriculture and farm operations;

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     (5) Protecting, maintaining, and improving farm viability throughout the state and

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farmland ecology;

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     (6) Protecting and, as necessary, regulating plant and animal health and quarantine;

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     (7) Regulating, as provided for by law, feed, seed, pesticides and soil amendments

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including lime;

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     (8) Taking such actions, consistent with law, as may be necessary or appropriate to

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provide for the viability of farms and the protection and expansion of agriculture in the state.

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     (f) Duties of the division:

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     (1) To perform the functions assigned to it by this section, by other provisions of law, and

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as otherwise may be delegated or assigned to it by the director;

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     (2) To act as the advocate for the state’s interests in agriculture and to be a resource to

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state agencies, entities, and instrumentalities and to the political subdivision of the state on

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matters pertaining to agriculture;

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     (3) To represent the interests of the state with regard to agriculture in federal and regional

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processes and with federal and regional agencies, organizations, and entities;

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     (4) To collaborate with other state agencies, entities, and instrumentalities and the

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political subdivision of the state to effectuate the purposes of this section and the functions and

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duties of the division;

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     (5) To be the primary point of contact for farmers and other persons concerned about

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agriculture with regard to the agricultural interests, functions, and programs of the state;

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     (6) To prepare and maintain such plans as may be necessary or desirable to effectuate the

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purposes of this section, to accomplish the functions and perform the duties of the division;

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     (7) To foster, encourage, and support research and development and technical assistance

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with regard to agriculture, farms, farm operation, farmland ecology, and soil conservation;

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     (8) To participate in and promote Rhode Island and regional efforts to strengthen food

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systems;

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     (9) To develop and manage programs and to engage and participate in projects as may be

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necessary or desirable to effectuate the purposes of this section;

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     (10) To define agricultural best management practices and effectuate the use of such

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practices as authorized by law; and

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     (11) To undertake such other actions and engage in such projects as may necessary or

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appropriate to effectuate the purposes of this section.

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     SECTION 2. Section 42-11-10 in chapter 42-11 of the General Laws entitled

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"Department of Administration" is hereby amended to read as follows:

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     42-11-10.  Statewide planning program. -- (a) Findings. The general assembly finds

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that the people of this state have a fundamental interest in the orderly development of the state;

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the state has a positive interest and demonstrated need for establishment of a comprehensive

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strategic state planning process and the preparation, maintenance, and implementation of plans

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for the physical, economic, and social development of the state; the continued growth and

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development of the state presents problems that cannot be met by the cities and towns

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individually and that require effective planning by the state; and state and local plans and

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programs must be properly coordinated with the planning requirements and programs of the

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federal government.

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     For the purposes of this section the term physical development shall be deemed to

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include, but not be limited to, the protection, preservation, management and improvement of the

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built environment and infrastructure of the state and the preservation, conservation, protection,

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ecological functioning, use, and management of the natural resources of the state as described in

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subdivision 42-17.1-2(1), as comprehended by the findings, intent and goals of chapter 45-22.2,

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and in consonance with the principles and protections set forth in Article 1 section 17 of the

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constitution of the state.

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      (b) Establishment of statewide planning program.

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      (1) A statewide planning program is hereby established to prepare, adopt, and amend

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strategic plans for the physical, economic, and social development of the state and to recommend

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these to the governor, the general assembly, and all others concerned.

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        (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

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departments and agencies of the executive branch unless specifically exempted, shall be

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conducted by or under the supervision of the statewide planning program. The statewide planning

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program shall consist of a state planning council, and the division of planning, which shall be a

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division within the department of administration.

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        (c) Strategic planning. Strategic planning includes the following activities:

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        (1) Establishing or identifying general goals.

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        (2) Refining or detailing these goals and identifying relationships between them.

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        (3) Formulating, testing, and selecting policies and standards that will achieve desired

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objectives.

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        (4) Preparing long-range or system plans or comprehensive programs that carry out the

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policies and set time schedules, performance measures, and targets.

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        (5) Preparing functional short-range plans or programs that are consistent with

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established or desired goals, objectives, and policies, and with long-range or system plans or

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comprehensive programs where applicable, and that establish measurable intermediate steps

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toward their accomplishment of the goals, objectives, policies, and/or long-range system plans.

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        (6) Monitoring the planning of specific projects and designing of specific programs of

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short duration by the operating departments, other agencies of the executive branch, and political

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subdivisions of the state to insure that these are consistent with and carry out the intent of

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applicable strategic plans.

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        (7) Reviewing the execution of strategic plans and the results obtained and making

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revisions necessary to achieve established goals.

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        (d) State guide plan. Components of strategic plans prepared and adopted in accordance

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with this section may be designated as elements of the state guide plan. The state guide plan shall

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be comprised of functional elements or plans dealing with land use; physical development and

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environmental concerns; economic development; housing production; energy supply, including

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the development of renewable energy resources in Rhode Island, and energy access, use, and

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conservation; human services; and other factors necessary to accomplish the objective of this

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section. The state guide plan shall be a means for centralizing, integrating, and monitoring long-

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range goals, policies, plans, and implementation activities related thereto. State agencies

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concerned with specific subject areas, local governments, and the public shall participate in the

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state guide planning process, which shall be closely coordinated with the budgeting process.

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        (e) Membership of state planning council. The state planning council shall consist of:

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        (1) The director of the department of administration as chairperson;

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        (2) The director, policy office, in the office of the governor, as vice-chairperson;

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        (3) The governor, or his or her designee;

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        (4) The budget officer;

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        (5) The chairperson of the housing resources commission;

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        (6) The highest-ranking administrative officer of the division of planning, as secretary;

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        (7) The president of the League of Cities and Towns or his or her designee and one

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official of local government, who shall be appointed by the governor from a list of not less than

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three (3) submitted by the Rhode Island League Cities and Towns;

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        (8) The executive director of the League of Cities and Towns;

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        (9) One representative of a nonprofit community development or housing organization

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appointed by the governor;

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        (10) Four (4) public members, appointed by the governor;

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        (11) Two (2) representatives of a private, nonprofit environmental advocacy

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organization, both to be appointed by the governor;

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        (12) The director of planning and development for the city of Providence;

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        (13) The director of the department of transportation;

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        (14) The director of the department of environmental management;

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        (15) The director of the department of health; and

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        (16) The executive director of the economic development corporation.

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        (f) Powers and duties of state planning council. The state planning council shall have

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the following powers and duties:

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        (1) To adopt strategic plans as defined in this section and the long-range state guide

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plan, and to modify and amend any of these, following the procedures for notification and public

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hearing set forth in § 42-35-3, and to recommend and encourage implementation of these goals to

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the general assembly, state and federal agencies, and other public and private bodies; approval of

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strategic plans by the governor; and to ensure that strategic plans and the long-range state guide

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plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the "Rhode Island

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Comprehensive Planning and Land Use Regulation Act";

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        (2) To coordinate the planning and development activities of all state agencies, in

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accordance with strategic plans prepared and adopted as provided for by this section;

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        (3) To review and comment on the proposed annual work program of the statewide

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planning program;

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        (4) To adopt rules and standards and issue orders concerning any matters within its

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jurisdiction as established by this section and amendments to it;

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        (5) To establish advisory committees and appoint members thereto representing diverse

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interests and viewpoints as required in the state planning process and in the preparation or

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implementation of strategic plans. The state planning council shall appoint a permanent

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committee comprised of:

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        (i) Public members from different geographic areas of the state representing diverse

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interests, and

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        (ii) Officials of state, local and federal government, which shall review all proposed

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elements of the state guide plan, or amendment or repeal of any element of the plan, and shall

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advise the state planning council thereon before the council acts on any such proposal. This

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committee shall also advise the state planning council on any other matter referred to it by the

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council; and

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        (6) To establish and appoint members to an executive committee consisting of major

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participants of a Rhode Island geographic information system with oversight responsibility for its

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activities.

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        (7) To adopt, amend and maintain as an element of the state guide plan or as an

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amendment to an existing element of the state guide plan, standards and guidelines for the

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location of eligible renewable energy resources and renewable energy facilities in Rhode Island

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with due consideration for the location of such resources and facilities in commercial and

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industrial areas, agricultural areas, areas occupied by public and private institutions, and property

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of the state and its agencies and corporations, provided such areas are of sufficient size, and in

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other areas of the state as appropriate.

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        (g) Division of planning.

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        (1) The division of planning shall be the principal staff agency of the state planning

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council for preparing and/or coordinating strategic plans for the comprehensive management of

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the state's human, economic, and physical resources. The division of planning shall recommend

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to the state planning council specific guidelines, standards, and programs to be adopted to

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implement strategic planning and the state guide plan and shall undertake any other duties

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established by this section and amendments thereto.

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        (2) The division of planning shall maintain records (which shall consist of files of

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complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

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adopted or issued by the state planning council under this section. The records shall be open to

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the public.

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        (3) The division of planning shall manage and administer the Rhode Island geographic

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information system of land-related resources, and shall coordinate these efforts with other state

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departments and agencies, including the University of Rhode Island, which shall provide

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technical support and assistance in the development and maintenance of the system and its

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associated data base.

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        (4) The division of planning shall coordinate and oversee the provision of technical

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assistance to political subdivisions of the state in preparing and implementing plans to accomplish

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the purposes, goals, objectives, policies, and/or standards of applicable elements of the state guide

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plan and shall make available to cities and towns data and guidelines that may be used in

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preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

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elements thereby.

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        (h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4].

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        (i) The division of planning shall be the principal staff agency of the water resources

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board established pursuant to chapter 46-15 ("Water Resources Board") and the water resources

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board corporate established pursuant to chapter 46-15.1 ("Water Supply Facilities").

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     SECTION 3. Sections 42-17.1-2 and 42-17.1-4 of the General Laws in Chapter 42-17.1

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entitled "Department of Environmental Management" are hereby amended to read as follows:

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     42-17.1-2.  Powers and duties. -- The director of environmental management shall have

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the following powers and duties:

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     (1) To supervise and control the protection, development, planning, and utilization of the

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natural resources of the state, such resources, including but not limited to, water, plants, trees,

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soil, clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish,

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shellfish, and other forms of aquatic, insect, and animal life;

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      (2) To exercise all functions, powers, and duties as described in section 2-1-1.1 or

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pertaining to agriculture or farming as are set forth in law and assigned to the department, or

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heretofore vested in the department of agriculture and conservation, and in each of the divisions

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of the department, such as the promotion of agriculture and animal husbandry in their several

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branches, including the inspection and suppression of contagious diseases among animals, the

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regulation of the marketing of farm products, the inspection of orchards and nurseries, the

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protection of trees and shrubs from injurious insects and diseases, protection from forest fires, the

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inspection of apiaries and the suppression of contagious diseases among bees, prevention of the

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sale of adulterated or misbranded agricultural seeds, promotion and encouragement of the work of

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farm bureaus in cooperation with the University of Rhode Island, farmers' institutes and the

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various organizations established for the purpose of developing an interest in agriculture, together

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with such other agencies and activities as the governor and the general assembly may from time

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to time place under the control of the department, and as heretofore vested by such of the

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following chapters and sections of the general laws as are presently applicable to the department

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of environmental management and which were previously applicable to the department of natural

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resources and the department of agriculture and conservation or to any of its divisions: chapters 1

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through 22, inclusive, as amended, in title 2 entitled "Agriculture and Forestry;" chapters 1

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through 17, inclusive, as amended, in title 4 entitled "Animals and Animal Husbandry;" chapters

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1 through 19, inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1 through

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32, inclusive, as amended, in title 21 entitled "Food and Drugs;" chapter 7 of title 23 as amended,

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entitled "Mosquito Abatement;" and by any other general or public law relating to the department

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of agriculture and conservation or to any of its divisions or bureaus;

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     (3) To exercise all the functions, powers, and duties heretofore vested in the division of

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parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled

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"Parks and Recreational Areas;" by chapter 22.5 of title 23, as amended, entitled "Drowning

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Prevention and Lifesaving;" and by any other general or public law relating to the division of

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parks and recreation;

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      (4) To exercise all the functions, powers, and duties heretofore vested in the division of

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harbors and rivers of the department of public works, or in the department itself by such as were

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previously applicable to the division or the department, of chapters 1 through 22 and sections

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thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or

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public law relating to the division of harbors and rivers;

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      (5) To exercise all the functions, powers and duties heretofore vested in the department

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of health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety;" and

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by chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4,

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5, 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry;"

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and those functions, powers, and duties specifically vested in the director of environmental

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management by the provisions of section 21-2-22, as amended, entitled "Inspection of Animals

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and Milk;" together with other powers and duties of the director of the department of health as are

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incidental to or necessary for the performance of the functions transferred by this section;

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      (6) To cooperate with the Rhode Island economic development corporation in its

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planning and promotional functions, particularly in regard to those resources relating to

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agriculture, fisheries, and recreation;

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      (7) To cooperate with, advise, and guide conservation commissions of cities and towns

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created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter

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203 of the Public Laws, 1960;

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      (8) To assign or reassign, with the approval of the governor, any functions, duties, or

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powers established by this chapter to any agency within the department, except as hereinafter

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limited;

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      (9) To cooperate with the water resources board and to provide to the board facilities,

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administrative support, staff services, and such other services as the board shall reasonably

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require for its operation and, in cooperation with the board and the statewide planning program to

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formulate and maintain a long range guide plan and implementing program for development of

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major water sources transmissions systems needed to furnish water to regional and local

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distribution systems;

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      (10) To cooperate with the solid waste management corporation and to provide to the

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corporation such facilities, administrative support, staff services and such other services within

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the department as the corporation shall reasonably require for its operation;

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      (11) To provide for the maintenance of waterways and boating facilities, consistent with

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chapter 6.1 of title 46, by: (i) establishing minimum standards for upland beneficial use and

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disposal of dredged material; (ii) promulgating and enforcing rules for water quality, ground

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water protection, and fish and wildlife protection pursuant to section 42-17.1-24; (iii) planning for

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the upland beneficial use and/or disposal of dredged material in areas not under the jurisdiction of

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the council pursuant to section 46-23-6(2); and (iv) cooperating with the coastal resources

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management council in the development and implementation of comprehensive programs for

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dredging as provided for in sections 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) monitoring dredge

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material management and disposal sites in accordance with the protocols established pursuant to

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section 46-6.1-5(3) and the comprehensive program provided for in section 46-23-6(1)(ii)(H); no

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powers or duties granted herein shall be construed to abrogate the powers or duties granted to the

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coastal resources management council under chapter 23 of title 46, as amended;

11-14

      (12) To establish minimum standards, subject to the approval of the environmental

11-15

standards board, relating to the location, design, construction and maintenance of all sewage

11-16

disposal systems;

11-17

      (13) To enforce, by such means as provided by law, the standards for the quality of air,

11-18

and water, and the design, construction and operation of all sewage disposal systems; any order or

11-19

notice issued by the director relating to the location, design, construction or maintenance of a

11-20

sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director

11-21

shall forward the order or notice to the city or town wherein the subject property is located and

11-22

the order or notice shall be recorded in the general index by the appropriate municipal official in

11-23

the land evidence records in the city or town wherein the subject property is located. Any

11-24

subsequent transferee of that property shall be responsible for complying with the requirements of

11-25

the order or notice. Upon satisfactory completion of the requirements of the order or notice, the

11-26

director shall provide written notice of the same, which notice shall be similarly eligible for

11-27

recordation. The original written notice shall be forwarded to the city or town wherein the subject

11-28

property is located and the notice of satisfactory completion shall be recorded in the general index

11-29

by the appropriate municipal official in the land evidence records in the city or town wherein the

11-30

subject property is located. A copy of the written notice shall be forwarded to the owner of the

11-31

subject property within five (5) days of a request for it, and, in any event, shall be forwarded to

11-32

the owner of the subject property within thirty (30) days after correction;

11-33

      (14) To establish minimum standards for the establishment and maintenance of salutary

11-34

environmental conditions, including standards and methods for the assessment and the

12-1

consideration of the cumulative effects on the environment of regulatory actions and decisions,

12-2

which standards for consideration of cumulative effects shall provide for: (i) evaluation of

12-3

potential cumulative effects that could adversely effect public health and/or impair ecological

12-4

functioning; (ii) analysis of such other matters relative to cumulative effects as the department

12-5

may deem appropriate in fulfilling its duties, functions and powers; which standards and methods

12-6

shall only be applicable to ISDS systems in the town of Jamestown in areas that are dependent for

12-7

water supply on private and public wells, unless broader use is approved by the general assembly.

12-8

The department shall report to the general assembly not later than March 15, 2008 with regard to

12-9

the development and application of such standards and methods in Jamestown.

12-10

      (15) To establish and enforce minimum standards for permissible types of septage,

12-11

industrial waste disposal sites and waste oil disposal sites;

12-12

      (16) To establish minimum standards subject to the approval of the environmental

12-13

standards board for permissible types of refuse disposal facilities, the design, construction,

12-14

operation, and maintenance of disposal facilities; and the location of various types of facilities;

12-15

      (17) To exercise all functions, powers, and duties necessary for the administration of

12-16

chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act";

12-17

      (18) To designate in writing any person in any department of the state government or any

12-18

official of a district, county, city, town, or other governmental unit, with that official's consent, to

12-19

enforce any rule, regulation, or order promulgated and adopted by the director under any

12-20

provision of law; provided, however, that enforcement of powers of the coastal resources

12-21

management council shall be assigned only to employees of the department of environmental

12-22

management, except by mutual agreement or as otherwise provided in chapter 23 of title 46;

12-23

      (19) To issue and enforce such rules, regulations, and orders as may be necessary to

12-24

carry out the duties assigned to the director and the department by any provision of law; and to

12-25

conduct such investigations and hearings and to issue, suspend, and revoke such licenses as may

12-26

be necessary to enforce those rules, regulations, and orders.

12-27

      Notwithstanding the provisions of section 42-35-9 to the contrary, no informal

12-28

disposition of a contested licensing matter shall occur where resolution substantially deviates

12-29

from the original application unless all interested parties shall be notified of said proposed

12-30

resolution and provided with opportunity to comment upon said resolution pursuant to applicable

12-31

law and any rules and regulations established by the director.

12-32

      (20) To enter, examine or survey at any reasonable time such places as the director

12-33

deems necessary to carry out his or her responsibilities under any provision of law subject to the

12-34

following provisions:

13-1

      (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a

13-2

search warrant from an official of a court authorized to issue warrants, unless a search without a

13-3

warrant is otherwise allowed or provided by law;

13-4

      (ii) (A) All administrative inspections shall be conducted pursuant to administrative

13-5

guidelines promulgated by the department in accordance with chapter 35 of title 42.

13-6

      (B) A warrant shall not be required for administrative inspections if conducted under the

13-7

following circumstances, in accordance with the applicable constitutional standards:

13-8

      (I) For closely regulated industries;

13-9

      (II) In situations involving open fields or conditions that are in plain view;

13-10

      (III) In emergency situations;

13-11

      (IV) In situations presenting an imminent threat to the environment or public health,

13-12

safety or welfare;

13-13

      (V) If the owner, operator, or agent in charge of the facility, property, site or location

13-14

consents; or

13-15

      (VI) In other situations in which a warrant is not constitutionally required.

13-16

      (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the

13-17

director in his or her discretion deems it advisable, an administrative search warrant, or its

13-18

functional equivalent, may be obtained by the director from a neutral magistrate for the purpose

13-19

of conducting an administrative inspection. The warrant shall be issued in accordance with the

13-20

applicable constitutional standards for the issuance of administrative search warrants. The

13-21

administrative standard of probable cause, not the criminal standard of probable cause, shall

13-22

apply to applications for administrative search warrants.

13-23

      (I) The need for, or reliance upon, an administrative warrant shall not be construed as

13-24

requiring the department to forfeit the element of surprise in its inspection efforts.

13-25

      (II) An administrative warrant issued pursuant to this subsection must be executed and

13-26

returned within ten (10) days of its issuance date unless, upon a showing of need for additional

13-27

time, the court orders otherwise.

13-28

      (III) An administrative warrant may authorize the review and copying of documents that

13-29

are relevant to the purpose of the inspection. If documents must be seized for the purpose of

13-30

copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare

13-31

an inventory of the documents taken. The time, place and manner regarding the making of the

13-32

inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of

13-33

the inventory shall be delivered to the person from whose possession or facility the documents

13-34

were taken. The seized documents shall be copied as soon as feasible under circumstances

14-1

preserving their authenticity, then returned to the person from whose possession or facility the

14-2

documents were taken.

14-3

      (IV) An administrative warrant may authorize the taking of samples of air, water or soil

14-4

or of materials generated, stored or treated at the facility, property, site or location. Upon request,

14-5

the department shall make split samples available to the person whose facility, property, site or

14-6

location is being inspected.

14-7

      (V) Service of an administrative warrant may be required only to the extent provided for

14-8

in the terms of the warrant itself, by the issuing court.

14-9

      (D) Penalties. - Any willful and unjustified refusal of right of entry and inspection to

14-10

department personnel pursuant to an administrative warrant shall constitute a contempt of court

14-11

and shall subject the refusing party to sanctions, which in the court's discretion may result in up to

14-12

six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per

14-13

refusal.

14-14

      (21) To give notice of an alleged violation of law to the person responsible therefor

14-15

whenever the director determines that there are reasonable grounds to believe that there is a

14-16

violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted

14-17

pursuant to authority granted to him or her, unless other notice and hearing procedure is

14-18

specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney

14-19

general to prosecute offenders as required by law.

14-20

      (i) The notice shall provide for a time within which the alleged violation shall be

14-21

remedied, and shall inform the person to whom it is directed that a written request for a hearing

14-22

on the alleged violation may be filed with the director within ten (10) days after service of the

14-23

notice. The notice will be deemed properly served upon a person if a copy thereof is served him

14-24

or her personally, or sent by registered or certified mail to his or her last known address, or if he

14-25

or she is served with notice by any other method of service now or hereafter authorized in a civil

14-26

action under the laws of this state. If no written request for a hearing is made to the director

14-27

within ten (10) days of the service of notice, the notice shall automatically become a compliance

14-28

order.

14-29

      (ii) (A) Whenever the director determines that there exists a violation of any law, rule, or

14-30

regulation within his or her jurisdiction which requires immediate action to protect the

14-31

environment, he or she may, without prior notice of violation or hearing, issue an immediate

14-32

compliance order stating the existence of the violation and the action he or she deems necessary.

14-33

The compliance order shall become effective immediately upon service or within such time as is

14-34

specified by the director in such order. No request for a hearing on an immediate compliance

15-1

order may be made.

15-2

      (B) Any immediate compliance order issued under this section without notice and prior

15-3

hearing shall be effective for no longer than forty-five (45) days; provided, however, that for

15-4

good cause shown the order may be extended one additional period not exceeding forty-five (45)

15-5

days.

15-6

      (iii) If a person upon whom a notice of violation has been served under the provisions of

15-7

this section or if a person aggrieved by any such notice of violation requests a hearing before the

15-8

director within ten (10) days of the service of notice of violation, the director shall set a time and

15-9

place for the hearing, and shall give the person requesting that hearing at least five (5) days

15-10

written notice thereof. After the hearing, the director may make findings of fact and shall sustain,

15-11

modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that

15-12

decision shall be deemed a compliance order and shall be served upon the person responsible in

15-13

any manner provided for the service of the notice in this section.

15-14

      (iv) The compliance order shall state a time within which the violation shall be remedied,

15-15

and the original time specified in the notice of violation shall be extended to the time set in the

15-16

order.

15-17

      (v) Whenever a compliance order has become effective, whether automatically where no

15-18

hearing has been requested, where an immediate compliance order has been issued, or upon

15-19

decision following a hearing, the director may institute injunction proceedings in the superior

15-20

court of the state for enforcement of the compliance order and for appropriate temporary relief,

15-21

and in that proceeding the correctness of a compliance order shall be presumed and the person

15-22

attacking the order shall bear the burden of proving error in the compliance order, except that the

15-23

director shall bear the burden of proving in the proceeding the correctness of an immediate

15-24

compliance order. The remedy provided for in this section shall be cumulative and not exclusive

15-25

and shall be in addition to remedies relating to the removal or abatement of nuisances or any

15-26

other remedies provided by law.

15-27

      (vi) Any party aggrieved by a final judgment of the superior court may, within thirty (30)

15-28

days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to

15-29

review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the

15-30

petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of

15-31

certiorari;

15-32

      (22) To impose administrative penalties in accordance with the provisions of chapter

15-33

17.6 of this title and to direct that such penalties be paid into the account established by

15-34

subdivision (26); and

16-1

      (23) The following definitions shall apply in the interpretation of the provisions of this

16-2

chapter:

16-3

      (i) Director: - The term "director" shall mean the director of environmental management

16-4

of the state of Rhode Island or his or her duly authorized agent.

16-5

      (ii) Person: - The term "person" shall include any individual, group of individuals, firm,

16-6

corporation, association, partnership or private or public entity, including a district, county, city,

16-7

town, or other governmental unit or agent thereof, and in the case of a corporation, any individual

16-8

having active and general supervision of the properties of such corporation.

16-9

      (iii) Service: - (A) Service upon a corporation under this section shall be deemed to

16-10

include service upon both the corporation and upon the person having active and general

16-11

supervision of the properties of such corporation.

16-12

      (B) For purposes of calculating the time within which a claim for a hearing is made

16-13

pursuant to subdivision (21)(i) of this section heretofore, service shall be deemed to be the date of

16-14

receipt of such notice or three (3) days from the date of mailing of said notice, whichever shall

16-15

first occur.

16-16

      (24) (i) To conduct surveys of the present private and public camping and other

16-17

recreational areas available and to determine the need for and location of such other camping and

16-18

recreational areas as may be deemed necessary and in the public interest of the state of Rhode

16-19

Island and to report back its findings on an annual basis to the general assembly on or before

16-20

March 1 of every year;

16-21

      (ii) Additionally, the director of the department of environmental management shall take

16-22

such additional steps, including but not limited to, matters related to funding as may be necessary

16-23

to establish such other additional recreational facilities and areas as are deemed to be in the public

16-24

interest.

16-25

      (25) (i) To apply for and accept grants and bequests of funds with the approval of the

16-26

director of administration from other states, interstate agencies and independent authorities, and

16-27

private firms, individuals and foundations, for the purpose of carrying out his or her lawful

16-28

responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt

16-29

account created in the Natural Resources Program for funds made available for that program's

16-30

purposes or in a restricted receipt account created in the Environmental Protection Program for

16-31

funds made available for that program's purposes. All expenditures from the accounts shall be

16-32

subject to appropriation by the general assembly, and shall be expended in accordance with the

16-33

provisions of the grant or bequest. In the event that a donation or bequest is unspecified or in the

16-34

event that the trust account balance shows a surplus after the project as provided for in the grant

17-1

or bequest has been completed, the director may utilize said appropriated unspecified or

17-2

appropriated surplus funds for enhanced management of the department's forest and outdoor

17-3

public recreation areas, or other projects or programs that promote the accessibility of recreational

17-4

opportunities for Rhode Island residents and visitors.

17-5

      (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by

17-6

October 1 of each year, a detailed report on the amount of funds received and the uses made of

17-7

such funds.

17-8

      (26) To establish fee schedules by regulation with the approval of the governor for the

17-9

processing of applications and the performing of related activities in connection with the

17-10

department's responsibilities pursuant to subdivision (12) of this section, chapter 19.1 of title 23

17-11

as it relates to inspections performed by the department to determine compliance with chapter

17-12

19.1 and rules and regulations promulgated in accordance therewith, chapter 18.9 of title 23 as it

17-13

relates to inspections performed by the department to determine compliance with chapter 18.9

17-14

and the rules and regulations promulgated in accordance therewith, chapters 19.5 and 23 of title

17-15

23; chapter 12 of title 46 insofar as it relates to water quality certifications and related reviews

17-16

performed pursuant to provisions of the federal Clean Water Act, the regulation and

17-17

administration of underground storage tanks and all other programs administered under chapter

17-18

12 of title 46 and section 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46

17-19

insofar as they relate to any reviews and related activities performed under the provisions of the

17-20

Groundwater Protection Act, chapter 23-24.9 as it relates to the regulation and administration of

17-21

mercury-added products, and chapter 17.7 of this title insofar as it relates to administrative

17-22

appeals of all enforcement, permitting and licensing matters to the administrative adjudication

17-23

division for environmental matters. Two (2) fee ranges shall be required: for "Appeal of

17-24

enforcement actions", a range of fifty dollars ($50) to one hundred dollars ($100), and for

17-25

"Appeal of application decisions", a range of five hundred dollars ($500) to ten thousand dollars

17-26

($10,000). The monies from the administrative adjudication fees will be deposited as general

17-27

revenues and the amounts appropriated shall be used for the costs associated with operating the

17-28

administrative adjudication division.

17-29

      There is hereby established an account within the general fund to be called the water and

17-30

air protection program. The account shall consist of sums appropriated for water and air pollution

17-31

control and waste monitoring programs and the state controller is hereby authorized and directed

17-32

to draw his or her orders upon the general treasurer for the payment of such sums or such portions

17-33

thereof as may be required from time to time upon receipt by him or her of properly authenticated

17-34

vouchers. All amounts collected under the authority of this subdivision for the sewage disposal

18-1

system program and fresh waters wetlands program will be deposited as general revenues and the

18-2

amounts appropriated shall be used for the purposes of administering and operating the programs.

18-3

The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of

18-4

each year a detailed report on the amount of funds obtained from fines and fees and the uses made

18-5

of such funds.

18-6

      (27) To establish and maintain a list or inventory of areas within the state worthy of

18-7

special designation as "scenic" to include, but not be limited to, certain state roads or highways,

18-8

scenic vistas and scenic areas, and to make the list available to the public.

18-9

      (28) To establish and maintain an inventory of all interests in land held by public and

18-10

private land trust and to exercise all powers vested herein to insure the preservation of all

18-11

identified lands.

18-12

      (i) The director may promulgate and enforce rules and regulations to provide for the

18-13

orderly and consistent protection, management, continuity of ownership and purpose, and

18-14

centralized records-keeping for lands, water, and open spaces owned in fee or controlled in full or

18-15

in part through other interests, rights, or devices such as conservation easements or restrictions,

18-16

by private and public land trusts in Rhode Island. The director may charge a reasonable fee for

18-17

filing of each document submitted by a land trust.

18-18

      (ii) The term "public land trust" means any public instrumentality created by a Rhode

18-19

Island municipality for the purposes stated herein and financed by means of public funds

18-20

collected and appropriated by the municipality. The term "private land trust" means any group of

18-21

five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode

18-22

Island as a nonbusiness corporation for the purposes stated herein, or a national organization such

18-23

as the nature conservancy. The main purpose of either a public or a private land trust shall be the

18-24

protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other

18-25

natural features, areas, or open space for the purpose of managing or maintaining, or causing to

18-26

be managed or maintained by others, the land, water, and other natural amenities in any

18-27

undeveloped and relatively natural state in perpetuity. A private land trust must be granted

18-28

exemption from federal income tax under Internal Revenue Code 501c(3) [26 U.S.C. section

18-29

501(c)(3)]within two (2) years of its incorporation in Rhode Island or it may not continue to

18-30

function as a land trust in Rhode Island. A private land trust may not be incorporated for the

18-31

exclusive purpose of acquiring or accepting property or rights in property from a single

18-32

individual, family, corporation, business, partnership, or other entity. Membership in any private

18-33

land trust must be open to any individual subscribing to the purposes of the land trust and

18-34

agreeing to abide by its rules and regulations including payment of reasonable dues.

19-1

      (iii) (A) Private land trusts will, in their articles of association or their bylaws, as

19-2

appropriate, provide for the transfer to an organization created for the same or similar purposes

19-3

the assets, lands and land rights and interests held by the land trust in the event of termination or

19-4

dissolution of the land trust.

19-5

      (B) All land trusts, public and private, will record in the public records of the appropriate

19-6

towns and cities in Rhode Island all deeds, conservation easements or restrictions or other

19-7

interests and rights acquired in land and will also file copies of all such documents and current

19-8

copies of their articles of association, their bylaws, and annual reports with the secretary of state,

19-9

and with the director of the Rhode Island department of environmental management. The director

19-10

is hereby directed to establish and maintain permanently a system for keeping records of all

19-11

private and public land trust land holdings in Rhode Island.

19-12

      (29) The director will contact in writing, not less often than once every two (2) years,

19-13

each public or private land trust to ascertain: that all lands held by the land trust are recorded with

19-14

the director; the current status and condition of each land holding; that any funds or other assets

19-15

of the land trust held as endowment for specific lands have been properly audited at least once

19-16

within the two (2) year period; the name of the successor organization named in the public or

19-17

private land trust's bylaws or articles of association; and any other information the director deems

19-18

essential to the proper and continuous protection and management of land and interests or rights

19-19

in land held by the land trust. In the event that the director determines that a public or private land

19-20

trust holding land or interest in land appears to have become inactive, he or she shall initiate

19-21

proceedings to effect the termination of the land trust and the transfer of its lands, assets, land

19-22

rights, and land interests to the successor organization named in the defaulting trust's bylaws or

19-23

articles of association or to another organization created for the same or similar purposes. Should

19-24

such a transfer not be possible, then the land trust, assets, and interest and rights in land will be

19-25

held in trust by the state of Rhode Island and managed by the director for the purposes stated at

19-26

the time of original acquisition by the trust. Any trust assets or interests other than land or rights

19-27

in land accruing to the state under such circumstances will be held and managed as a separate

19-28

fund for the benefit of the designated trust lands.

19-29

      (30) Consistent with federal standards, issue and enforce such rules, regulations and

19-30

orders as may be necessary to establish requirements for maintaining evidence of financial

19-31

responsibility for taking corrective action and compensating third parties for bodily injury and

19-32

property damage caused by sudden and non-sudden accidental releases arising from operating

19-33

underground storage tanks.

20-34

      (31) To enforce, by such means as provided by law, the standards for the quality of air,

20-35

and water, and the location, design, construction and operation of all underground storage

20-36

facilities used for storing petroleum products or hazardous materials; any order or notice issued

20-37

by the director relating to the location, design construction, operation or maintenance of an

20-38

underground storage facility used for storing petroleum products or hazardous materials shall be

20-39

eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice

20-40

to the city or town wherein the subject facility is located, and the order or notice shall be recorded

20-41

in the general index by the appropriate municipal officer in the land evidence records in the city

20-42

or town wherein the subject facility is located. Any subsequent transferee of that facility shall be

20-43

responsible for complying with the requirements of the order or notice. Upon satisfactory

20-44

completion of the requirements of the order or notice, the director shall provide written notice of

20-45

the same, which notice shall be eligible for recordation. The original written notice shall be

20-46

forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory

20-47

completion shall be recorded in the general index by the appropriate municipal official in the land

20-48

evidence records in the city or town wherein the subject facility is located. A copy of the written

20-49

notice shall be forwarded to the owner of the subject facility within five (5) days of a request for

20-50

it, and, in any event, shall be forwarded to the owner of the subject facility within thirty (30) days

20-51

after correction.

20-52

      (32) To manage and disburse any and all funds collected pursuant to section 46-12.9-4,

20-53

in accordance with section 46-12.9-5, and other provisions of the Rhode Island Underground

20-54

Storage Tank Financial Responsibility Act, as amended.

20-55

      (33) To support, facilitate and assist the Rhode Island Natural History Survey, as

20-56

appropriate and/or as necessary, in order to accomplish the important public purposes of the

20-57

survey in gathering and maintaining data on Rhode Island natural history, making public

20-58

presentations and reports on natural history topics, ranking species and natural communities,

20-59

monitoring rare species and communities, consulting on open space acquisitions and management

20-60

plans, reviewing proposed federal and state actions and regulations with regard to their potential

20-61

impact on natural communities, and seeking outside funding for wildlife management, land

20-62

management and research.

20-63

      (34) To promote the effective stewardship of lakes and ponds including collaboration

20-64

with associations of lakefront property owners on planning and management actions that will

20-65

prevent and mitigate water quality degradation, the loss of native habitat due to infestation of

20-66

non-native species and nuisance conditions that result from excessive growth of algal or non-

20-67

native plant species. By January 31, 2012, the director shall prepare and submit a report to the

20-68

governor and general assembly that based upon available information provides: (a) an assessment

21-1

of lake conditions including a description of the presence and extent of aquatic invasive species in

21-2

lakes and ponds; (b) recommendations for improving the control and management of aquatic

21-3

invasives species in lakes and ponds; and (c) an assessment of the feasibility of instituting a boat

21-4

sticker program for the purpose of generating funds to support implementation actions to control

21-5

aquatic invasive species in the freshwaters of the state.

21-6

     42-17.1-4.  Divisions within department. -- Within the department of environmental

21-7

management there are established the following divisions:

21-8

     (1) A division of parks and recreation which shall carry out those functions of the

21-9

department relating to the operation and maintenance of parks and recreation areas and the

21-10

establishment and maintenance of such additional recreation areas as may from time to time be

21-11

acquired and such other functions and duties as may from time to time be assigned by the

21-12

director;

21-13

      (2) A division of fish and wildlife which shall carry out those functions of the

21-14

department relating to the administration of hunting, fishing, and shell fisheries; the preservation

21-15

of wetlands, marsh lands, and wildlife and such other functions and duties as may from time to

21-16

time be assigned by the director;

21-17

     (3) A division of agriculture, which may be assigned to a bureau or other subdivision of

21-18

the department for administrative purposes, which shall carry out those functions of the

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department relating to agriculture, including, but not limited to, the functions set forth in

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subdivisions 42-17.1-2(2) and 42-17.1-2(6) of this chapter and section 2-1-1.1 of chapter 2-1, and

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such other functions and duties as may from time to time be assigned by the director, including,

21-22

but not limited to, plant industry, farm viability, marketing and promotion, farmland ecology and

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protection, plant and animal health and quarantine, pesticides, mosquito abatement, pest survey

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and response, food policy and security, and, in collaboration with the department of health, public

21-25

health as it relates to farm production and direct marketing of farm products, and those agreed

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upon through memorandum of agreement with the department of health or other state agencies.

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The department of health shall continue to act as the lead agency for all public health issues in the

21-28

state pursuant to chapter 23-1. Nothing herein contained shall limit the department of health's

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statutory authority, nor shall any provision herein be construed as a limitation upon the statutory

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authority of the department of health granted to the department under title 23 of the general laws,

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nor shall any provision herein be construed to limit the authority of the department of

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environmental management to enter into memoranda of agreement with any governmental

21-33

agency.

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     (4) A division of coastal resources which shall carry out those functions of the

22-35

department relating to harbors and harbor lines, pilotage, flood control, shore development,

22-36

construction of port facilities, and the registration of boats and such other functions and duties as

22-37

may from time to time be assigned by the director, except that the division shall not be

22-38

responsible for the functions of inspection of dams and reservoirs, approving plans for

22-39

construction or improvement of dams, reservoirs and other structures in non-tidal waters, and the

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operation of stream-gauging stations in cooperation with the United States Geological Survey,

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and provided further that the division and its staff shall be responsible through the director of

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environmental management, to the coastal resources management council, and the chief and the

22-43

staff of the division shall serve as staff to the council;

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      (5) A division of planning and development which shall carry out those functions of the

22-45

department relating to planning, programming, acquisition of land, engineering studies and such

22-46

other studies as the director may direct, and which shall work with the board of governors for

22-47

higher education and the board of regents for elementary and secondary education, with

22-48

educational institutions at all levels and with the public in the dissemination of information and

22-49

education relating to natural resources and shall perform the publication and public relations

22-50

functions of the department, the functions of inspection of dams and reservoirs, approving plans

22-51

for construction or improvement of dams, reservoirs, and other structures in non-tidal waters, and

22-52

the operation of stream-gauging stations in cooperation with the United States Geological Survey;

22-53

      (6) A division of enforcement which shall enforce all of the laws and regulations of the

22-54

department and the coastal resources management council, which shall cooperate with the other

22-55

enforcement agencies of the state and its municipalities, and which shall administer all of the

22-56

policing, enforcing, licensing, registration, and inspection functions of the department and such

22-57

other functions and duties as may from time to time be assigned by the director;

22-58

      (7) A division of forest environment which shall carry out those functions of the

22-59

department relating to the administration of forests and natural areas, including programs for

22-60

utilization, conservation, forest fire protection, and improvements of these areas; assisting other

22-61

agencies and local governments in urban programs relating to trees, forests, green belts, and

22-62

environment and such other functions and duties as may from time to time be assigned by the

22-63

director;

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      (8) (i) A division of boating safety which shall carry out those functions of the

22-65

department relating to the development and administration of a coordinated safe boating program

22-66

in accordance with the Model Safe Boating Act of 1971 as approved by the National Association

22-67

of State Boating Law Administrators;

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      (ii) Administration of the division of boating safety shall be the responsibility of the state

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boating law administrator whose duties shall include:

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      (A) The enforcement of all laws relating to the act;

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      (B) The powers vested in the state boating law administrator and boating safety

23-72

enforcement officer shall include the enforcement of laws, rules and regulations relating to

23-73

"Regulation of Boats," title 46, chapter 22 and shall also include the power to:

23-74

      (I) Execute all warrants and search warrants for the violation of laws, rules and

23-75

regulations relating to the act.

23-76

      (II) Serve subpoenas issued for the trial of all offenses hereunder.

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      (III) To carry firearms or other weapons, concealed or otherwise, in the course of and in

23-78

performance of their duties under this chapter.

23-79

      (IV) To arrest without warrant and on view any person found violating any law, rule, or

23-80

regulation relating to the act, take that person before a court having jurisdiction for trial, detain

23-81

that person in custody at the expense of the state until arraignment and to make and execute

23-82

complaints within any district to the justice or clerk of the court against any person for any of the

23-83

offenses enumerated under the act committed within the district.

23-84

      (V) Boating safety enforcement officers shall not be required to give surety for costs

23-85

upon any complaint made by him or her.

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      (iii) The development and administration of a coordinated safe boating program.

23-87

      (iv) The establishment and enforcement of such rules and regulations as are deemed

23-88

necessary to achieve the purposes of the Model Safe Boating Act as approved by the state boating

23-89

law administrators.

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      (v) The state boating law administrator shall serve as the liaison to the United States

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Coast Guard.  

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      SECTION 4. Section 42-82-2 of the General Laws in Chapter 42-82 entitled "Farmland

23-93

Preservation Act" is hereby amended to read as follows:

23-94

      42-82-2.  Definitions. -- As used in this chapter, unless the context indicates a different

23-95

meaning or intent:

23-96

        (1) "Agricultural land" means any land in the state of five (5) contiguous acres or larger

23-97

that is suitable for agriculture by reference to soil type, existing use for agricultural purposes and

23-98

other criteria to be developed by the commission, or any land devoted to agricultural operations

23-99

as defined in this section, and may include adjacent pastures, ponds, natural drainage areas and

23-100

other adjacent areas which the commission deems necessary for farm operations;

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        (2) "Agricultural lands preservation commission" or "commission" means the

23-102

commission established pursuant to § 42-82-3;

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        (3) "Agricultural operation" means any individual, partnership or corporation that

24-2

complies with §§ 44-27-3 and 2-1-22(j) 2-1-1.1 (d)(7) and (8) and produces and distributes a

24-3

commercial food, feed, fiber or horticultural product.

24-4

        (4) "Cost," when used with reference to acquisition of development rights, means as of

24-5

any particular date the cost subsequently incurred of purchasing the development rights, property

24-6

rights and all other necessary expenses incident to planning, financing, and implementing the

24-7

provisions of this chapter;

24-8

        (5) "Development rights" means the rights of the fee simple owner to develop,

24-9

construct on, divide, sell, lease, or otherwise change the property in such a way as to render the

24-10

land unsuitable for agriculture; this includes the exercise of the owner's rights to sell or grant

24-11

easements or rights of way, or to sell the mineral or water rights or other rights if by that exercise

24-12

the use of the land as productive agricultural land is diminished; but does not include the rights of

24-13

the owner to sell, lease, or otherwise improve the agricultural land to preserve, maintain, operate,

24-14

or continue the land as agricultural land or all other customary rights and privileges of ownership,

24-15

including the right to privacy. Specific restrictions to farm-related development shall be

24-16

formulated by the commission for each parcel of land to which the development rights are

24-17

purchased and appended to the covenant at the time of its making.

24-18

     SECTION 5. Section 44-27-2 of the General Laws in Chapter 44-27 entitled “Taxation

24-19

of Farm, Forest, and Open Space Land” is hereby amended to read as follows:

24-20

     44-27-2.  Definitions. -- When used in this chapter:

24-21

        (1) "Farmland" means:

24-22

        (i) Any tract or tracts of land, including woodland and wasteland constituting a farm

24-23

unit, or a “farm” of a “farmer” as these terms are defined in subsection 2-1-1.1(d);

24-24

        (ii) Land which is actively devoted to agricultural or horticultural use including, but not

24-25

limited to: forages and sod crops; grains and feed crops; fruits and vegetables; poultry, dairy, and

24-26

other livestock and their products; nursery, floral, and greenhouse products; other food or fiber

24-27

products useful to people;

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        (iii) When meeting the requirements and qualifications for payments pursuant to a soil

24-29

conservation program under an agreement with the federal government, the director of

24-30

environmental management is authorized to promulgate and adopt rules and regulations defining

24-31

particular categories and minimum acreages of land eligible for designation as farmland under

24-32

this chapter.

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        (2) "Forest land" means any tract or contiguous tracts of land, ten (10) acres or larger

24-34

bearing a dense growth of trees, including any underbrush, and having either the quality of self

25-1

perpetuation, or being dependent upon its development by the planting and replanting of trees in

25-2

stands of closely growing timber, actively managed under a forest management plan approved by

25-3

the director of environmental management.

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        (3) "Open space land" means any tract or contiguous tracts of undeveloped land, where

25-5

the undeveloped land serves to enhance agricultural values, or land in its natural state that

25-6

conserves forests, enhances wildlife habitat or protects ecosystem health, and that is:

25-7

        (i) Ten (10) total acres or larger, exclusive of house site, where "house site" means the

25-8

zoned lot size or one acre, whichever is smaller, and land surrounding dwellings or devoted to

25-9

developed facilities, such as tennis courts, pool, etc., related to the use of the residence; or

25-10

        (ii) Tracts of land of any size that are designated as open space land in the

25-11

comprehensive community plan; or

25-12

        (iii) Tracts of land of any size that have conservation restrictions or easements in full

25-13

force and applied for as open space, which shall be taxed on an equitable basis.

25-14

     SECTION 3. This act shall take effect upon passage.

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LC01181

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO AGRICULTURE AND FORESTRY

***

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     This act would expand the powers of the department of environmental management

26-2

relating to agriculture and farming by creating a new division of agriculture.

26-3

     This act would take effect upon passage.

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LC01181

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