2021 -- H 5924

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LC001854

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY -- ENVIRONMENTAL JUSTICE FOCUS AREAS

     

     Introduced By: Representative Lauren H. Carson

     Date Introduced: February 24, 2021

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 19.17

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ENVIRONMENTAL JUSTICE FOCUS AREAS

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     23-19.17-1. Legislative Findings.

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     The general assembly hereby makes the following findings:

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     (1) Rising sea levels threaten thousands of Rhode Island coastal residents and millions of

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dollars of coastal property with increased risk of flooding, storm damage, shoreline erosion,

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saltwater intrusion, and wetland loss and the department of environmental management should take

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into consideration the threat of rising sea levels when notifying the public and assessing hazardous

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waste site remediation plans on coastal properties.

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     (2) Environmental justice is the fair treatment and meaningful involvement of all people

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regardless of race, color, national origin, English language proficiency, or income with respect to

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the development, implementation, and enforcement of environmental laws, regulations, and

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policies. The department has established this goal for the review of the investigation and

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remediation of properties with actual or suspected contamination in all communities and for all

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persons across this state. That goal will be achieved when everyone enjoys a fair share of

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environmental benefits and the same degree of protection from environmental and health hazards,

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as well as equal access to the decision-making process to help ensure a healthy environment in

 

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which to live, learn, and work.

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     (3) As properties are investigated and cleaned up, the department should promote public

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participation based on the beliefs that individuals should have a timely, meaningful way to

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participate in decisions that impact them, and that public participation in its best form is an ongoing,

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two (2)-way process that benefits both the public and the agency.

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     23-19.17-2. Definitions.

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     As used in this chapter:

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     (1) "Coastal zone" means the coastal waters of the state and adjacent lands and other areas

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that are under the regulatory jurisdiction of the coastal resources management council pursuant to

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chapter 23 of title 46 or the federal Coastal Zone Management Act [16 U.S.C. § 1451 et seq.].

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     (2) "Environmental justice focus areas" means areas defined by United States Census block

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groups that are in the highest fifteen percent (15%) of all Census block groups in Rhode Island with

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respect to the percent population identified as racial minorities or the highest fifteen percent (15%)

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of Rhode Island Census block groups with respect to percent population with income identified as

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being twice the federal poverty level or below (utilizing the most recent and readily available data

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from the United States Census Bureau).

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     (3) "Performing party” or “parties" means any bona fide prospective purchaser, responsible

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party, voluntary party or any other party (or parties) conducting an investigation of and/or

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remediation at a contaminated site.

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     23-19.17-3. Contaminated site investigation.

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     (a) Whenever the director of the department of environmental management requires site

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investigation for any contaminated site located in an environmental justice focus area or in coastal

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zones, the performing party shall:

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     (1) Post signs to inform local residents about the project. When deemed appropriate signs

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will be required to be posted in a language (or languages) other than English. Signs shall be at least

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four feet (4') by six feet (6') in size; posted for at least thirty (30) days minimum and from a date

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one week prior to the initiation of field work for the site investigation to a date at least one week

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following the issuance of either an interim letter of compliance or letter of compliance or other

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official communication from the department that no further action is necessary, or for a twelve (12)

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month maximum period, which shall be maintained in legible condition by the performing party;

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clearly visible from the nearest public highway/road; and include the name/phone number/address

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of an individual from whom any interested person may obtain information about the site or

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remediation and any website address containing such information.

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     (2) Provide public notice at two (2) points during the site investigation.

 

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     (i) Prior to conducting site investigation field activities at a known contaminated site, the

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performing party shall notify all property owners, tenants, easement holders within two thousand

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five hundred feet (2500') of the site and the municipality that investigation activities are about to

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occur.

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     (ii) When the site investigation is deemed complete, the department will issue a program

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letter confirming that the performing party has adequately assessed the nature and extent of

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contamination at the contaminated site. Prior to the formal department approval of the site

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investigation report (in the form of a remedial decision letter), the performing party shall notify all

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abutting property owners, tenants, easement holders, the municipality, and any community well

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suppliers associated with any well head protection areas which encircle the contaminated site, that

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the investigation is complete and provide them with the findings of the investigation and any

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proposed remedial alternative which includes on-site treatment and/or containment of hazardous

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materials as part of the final remedy.

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     (iii) Whenever a site that is known to be contaminated or is suspected of being

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contaminated based upon its past use is considered for possible reuse as the location of a school,

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child care facility, or as a recreational facility for public use that supports existing or proposed

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active recreation, the person proposing such reuse shall, prior to the establishment of a final scope

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of investigation for the site and after the completion of all appropriate inquiries, hold a public

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meeting for the purposes of obtaining information about conditions at the site and the

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environmental history at the site that may be useful in establishing the scope of the investigation of

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the site and/or establishing the objectives for the environmental clean-up of the site. The public

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meeting shall be held in the city or town in which the site is located; public notice shall be given of

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the meeting at least ten (10) business days prior to the meeting; public notice of the meeting shall

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be provided to all abutting property owners, tenants, easement holders and the municipality; the

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public meeting shall be conducted in a manner consistent with the requirements contained in § 23-

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19.17-5 regarding community meetings; and following the meeting, the record of the meeting shall

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be open for a period of not less than ten (10) and not more than twenty (20) business days for the

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receipt of public comment. The results of all appropriate inquiries, analysis and the public meeting,

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including the comment period, shall be documented in a written report submitted to the department

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in both hard copy and electronic format (as specified by the department) within seventy two (72)

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hours of the meeting.

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     (iv) No work (remediation or construction) shall be permitted at the property until the

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public meeting and comment period regarding the site's proposed reuse has closed except where

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the director determines that such work is necessary to mitigate or prevent:

 

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     (A) An imminent threat to human health, public safety or the environment; or

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     (B) Off-site migration of known or suspected contamination.

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     (v) The public notice, meeting and comment period required by this section shall be in

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addition to any other requirements for public notice and comment relating to the investigation or

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remedy of the site and may be made part of another meeting pertaining to the site; provided, that

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the minimum standards established by this section for notice and comment are met. Any

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investigation or remediation undertaken prior to the completion of the public comment period shall

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be limited to measures necessary to define and/or mitigate the imminent threat and/or off-site

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migration.

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     23-19.17-4. Fact sheets and enhanced communication.

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     For contaminated sites located in environmental justice focus areas, or in coastal zones, the

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performing party shall prepare a site-specific fact sheet presenting the known history of the site,

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the suspected contamination (based on both historical uses and existing environmental

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information), the point in the process where the contaminated site is and the expected path moving

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forward, and the department’s contact information for the site. Draft fact sheets shall be submitted

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to the department in both hard copy and electronic format (as specified by the department) along

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with a proposed communications plan on how to effectively disseminate the information in the

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community around the contaminated site. These materials shall be submitted to the department

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prior to the commencement of the public notice specified in § 23-19.17-3. Information to be

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provided to the community shall include, at a minimum, the final approved site-specific fact sheet

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and informational materials about the department and the department’s site remediation and

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brownfields program, which will be provided by the department. When appropriate, such materials

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will be required to be provided in a language (or languages) other than English. After review and

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approval, the performing party shall implement the communications plan.

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     23-19.17-5. Community meetings.

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     (1) Whenever requested by fifteen (15) persons, or by a governmental subdivision or

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agency, or by an association having not less than fifteen (15) members, who are either located near

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a contaminated site or are potential users of the contaminated site after redevelopment, an initial

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community meeting will be held. The request for said community meeting shall be submitted in

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writing to the performing party and the department. The purpose of the meeting is to:

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     (i) Disseminate information about the department’s site remediation program and the

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specific contaminated site of interest;

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     (ii) Document community comments and concerns about the investigation, clean-up, and

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reuse of the contaminated site; and

 

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     (iii) Engage in a dialogue with the public about the contaminated site.

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     (2) Community meetings will be organized by the performing party and will be accessible

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to all participants who wish to attend (considering public transportation and access for the disabled).

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All meetings will be held at a time and place convenient to all participants. An atmosphere of

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"equal participation" among all involved should be established – avoiding panels, head tables, or

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auditorium presentations. Translation assistance for non-English speakers shall be provided by the

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performing party when appropriate.

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     (3) A written summary of all public meetings must be submitted to the department in both

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hard copy and electronic format (as specified by the department) by the performing party within

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seventy two (72) hours of the meeting. At a minimum, the written meeting summary must:

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     (i) Identify the main issues of concern to the community, including efforts at the meeting

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to draw out local knowledge about the contaminated site, concerns about the investigation and

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clean-up, and any concerns about the reuse plan;

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     (ii) Document requests by the community for a continued dialog, including the requested

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form and frequency; and

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     (iii) Formulate a proposed response to the issues raised through specific, clear action items

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and schedules.

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     23-19.17-6. Public involvement plans.

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     The performing party shall develop, and submit to the department for review and approval

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in both hard copy and electronic format (as specified by the department), a site-specific public

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involvement plan for any contaminated site for which the department has received a notification of

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release and for which a minimum of fifteen (15) residents, local officials or other interested parties

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have requested, in writing and in the form of a petition, that a formal process be set up for their

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participation in cleanup planning. The public involvement plan shall address all relevant and

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applicable requirements contained in §§ 23-19.17-3, 23-19.17-4 and 23-19.17-5.

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     23-19.17-7. Release of public comments responses.

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     Within ninety (90) days of submission of the completed site investigation, the responses

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by the performing party to substantive public comments shall be made public upon request.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- ENVIRONMENTAL JUSTICE FOCUS AREAS

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     This act would establish environmental justice focus areas and coastal zones and establish

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procedures for the investigation and remediation of contaminated sites within the coastal zones

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under the direction of the department of environmental management (DEM) with increased

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community participation.

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     This act would take effect upon passage.

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