2021 -- H 5967

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LC002216

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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 WATERS AND NAVIGATION -- THE OCEAN STATE CLIMATE

ADAPTATION FUND

     

     Introduced By: Representatives Vella-Wilkinson, Ruggiero, Noret, Solomon, Donovan,
Fogarty, Blazejewski, and Shanley

     Date Introduced: February 26, 2021

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

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hereby amended by adding thereto the following chapter:

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CHAPTER 23.3

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THE OCEAN STATE CLIMATE ADAPTATION AND RESILIENCE FUND

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     46-23.3-1. Legislative findings and purpose.

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     The general assembly hereby finds and declares that:

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     (1) The production, transport and use of fossil fuels have significant impacts on the

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environment.

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     (2) The impacts of climate change upon Rhode Island's built and natural environments are

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wide-ranging, discernible and documented, and, in many cases growing in severity and include sea

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level rise, coastal erosion, increased precipitation, flooding and storm surge.

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     (3) As of 2016, the range in sea level rise change is projected by the National Oceanic and

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Atmospheric Administration to be a maximum of approximately one foot (1') in 2035, two feet (2')

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in 2050 and up to nine feet (9') by 2100.

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     (4) Annual precipitation has increased by two inches (2") since 1950 and more intense

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rainfall is flooding low-lying areas and threatening public infrastructure.

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     (5) Climate change has and will continue to pose significant risks for state and municipal

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infrastructure and our environment, public health, welfare, and economic well-being.

 

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     (6) Providing areas for coastal and estuarine habitats to migrate is essential to preserving

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coastal and marine wildlife resources.

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     (7) Ecosystem services that natural environments provide, such as dampening of wave

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energy and flood storage are at risk due to climate change, and protecting natural systems is vital

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to protecting built infrastructure and is cost effective.

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     (8) Rhode Island infrastructure is at risk and the state must begin to plan and implement

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projects to adapt to changing conditions.

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     (9) Reducing the vulnerability of our infrastructure is vital to the economic prosperity and

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quality of life of the citizens of the state.

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     (10) The state, cities, and towns, need a dedicated, long-term source of funding to assist in

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implementing projects to address the impacts of climate change.

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     (11) The purpose of this chapter is to create the ocean state climate adaptation and

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resilience (OSCAR) fund as a dedicated long-term source of grant funds to enable cities and towns

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to implement projects that restore and improve the climate resilience of vulnerable coastal habitats,

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as well as river and stream floodplains with priority to projects that improve community resilience

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and public safety.

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     46-23.3-2. Definitions.

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     For the purposes of this chapter, the following words and phrases shall have the following

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meanings:

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     (1) "Adaptation and resilience projects" means those projects on public land that protect or

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enhance coastal or riverine habitats, and are proposed in response to climate change impacts as

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defined in in subsection (2) of this section.

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     Adaption and resilience projects include those projects that reduce the vulnerability of low-

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lying infrastructure on public land through measures that include removal and relocation of

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infrastructure, restoration of river and stream floodplains, including regrading of banks,

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revegetation, acquisition of that area of land necessary to maintain and preserve public access, and

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redesigning, resizing and replacing culverts and bridge spans at existing wetland crossings.

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     (2) "Climate change impacts" in Rhode Island means and includes, but are not limited to,

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flooding, erosion, sea level rise, and storm surge.

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     (3) "Council" means the coastal resources management council.

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

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

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     (6) "Infrastructure" means and includes roads, parking lots and other paved surfaces,

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shoreline protection structures, buildings, water control structures, culverts, other structures and

 

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remnants of development.

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     (7) "Public land(s)" means property owned by state or municipal governments, public and

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private lands dedicated to public use, including lands that provide access to shorelines and

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riverbanks. Public lands include properties where the state or municipality holds an easement for

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public purposes.

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     (8) "Shoreline protection structures" means and includes revetments, bulkheads, seawalls

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and floodwalls, groins, breakwaters, jetties, and other structures, the purpose or effect of which is

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to control the erosion of coastal or river features, and includes any sheet pile walls, concrete or

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stone walls.

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     46-23.3-3. Technical advisory committee.

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     Members of the technical advisory committee shall include: the director of the department

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of environmental management, or designee; the executive director of the coastal resources

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management council, or designee; a representative of the state planning council within the

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department of administration, or designee; the director of the Rhode Island emergency management

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authority, or designee. The technical advisory committee shall serve as an advisory board to the

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department, council and the program staff throughout this process.

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     46-23.3-4. Establishment - The ocean state climate adaptation and resilience fund.

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     (a) Establishment. There is established within the coastal resources management council,

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the ocean state climate adaptation and resilience fund (the "OSCAR fund").

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     (b) Financing. The fund shall consist of the following sources:

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     (1) Sums the general assembly may appropriate;

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     (2) Monies received from federal, state, or other sources, including bond funds, for the

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purpose of climate adaptation;

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     (3) Monies received from any private donor for the OSCAR fund;

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     (4) The fees required pursuant to § 46-23.3-7; and

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     (5) Any interest earned on the monies in the fund.

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     (c) Allocation of OSCAR funds. OSCAR funds shall be used to carry out the purposes of

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this chapter as follows:

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     (1) The administrative expenses required to carry out the activities of the program as

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described in this chapter not to exceed fifty thousand dollars ($50,000) per agency. The department

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and the council shall be responsible for submitting annual budget requests for its administrative

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and implementation costs of the program;

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     (2) The planning and design, engineering, construction, and monitoring of adaptation

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projects as described in this chapter; and

 

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     (3) The OSCAR projects approved by the department and the council upon

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recommendation of the technical advisory committee. Only grants approved through the process

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established by the agencies shall be eligible for funding under this program.

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     (d) OSCAR fund grants. Factors to be taken into consideration by the technical advisory

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committee for the purposes of granting monies to municipalities and the state for OSCAR grants,

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determining the eligibility of projects for financial assistance, and in prioritizing the selection of

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projects by the technical committee shall include, but need not be limited to:

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     (1) Consistency with the following where applicable: the council's most recent projections

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for sea level rise, the coastal habitat restoration strategy, the state nonpoint pollution control plan,

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strict compliance with the coastal resources management program and the department of

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environmental management regulations and other applicable state and federal laws;

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     (2) The ability and authority of the applicant to carry out and properly maintain the

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adaptation project;

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     (3) Whether the project will enhance public access;

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     (4) The severity to, or the risk and/or extent of, infrastructure degradation on public land;

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     (5) The extent of the use by the public of the land;

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     (6) The proposed milestones to ensure that the project is completed as designed and

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approved;

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     (7) Whether the adaptation project can also be shown to create or replace habitat losses that

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benefit fish and wildlife resources;

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     (8) Potential water quality improvements;

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     (9) Potential improvements to fish and wildlife habitats for species which are identified as

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rare or endangered by the Rhode Island natural history survey or the federal Endangered Species

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Act [16 U.S.C. § 1531 et seq.];

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     (10) The level and extent of collaboration by partners (e.g., municipality, nongovernment

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organization, watershed council, federal agency, etc.); and

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     (11) Overall potential benefits to the public and estimated length of time frame of benefit.

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     46-23.3-5. Eligible and ineligible projects.

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     (a) Funds in the ocean state climate adaptation and resilience (OSCAR) fund shall be used

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solely for adaptation projects as defined in § 46-23.3-2(1).

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     (b) The OSCAR fund shall not be used for:

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     (1) Mitigating any current, planned or future projects that degrade, fill, or otherwise destroy

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coastal, estuarine, or riverine habitats;

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     (2) Fulfilling any liability for restoration required by any local, state or federal agency

 

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pursuant to an environmental or public health enforcement action;

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     (3) With the exception of culverts as specifically described in § 46-23.3-2(1), elevating,

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repairing or replacing infrastructure, or constructing new infrastructure, in its existing location that

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is experiencing climate change impacts as defined in § 46-23.3-2(2);

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     (4) Constructing new, or repairing existing shoreline protection structures; provided,

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however, that existing shoreline protection structures on public parks may be repaired; and/or

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     (5) Constructing roads or bridges.

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     46-23.3-6. Disbursement process and reporting.

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     (a) The department and the council shall establish and execute an annual process for the

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solicitation, evaluation and award of grants for projects that meet the requirements set forth in this

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chapter.

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     (b) The department and the council shall submit a report to the speaker of the house of

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representatives and the president of the senate not later than the tenth day following the convening

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of each regular session of the general assembly. The report shall include the following:

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     (1) The amount of money awarded from the OSCAR fund during the preceding fiscal year;

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     (2) A brief summary of the projects that received funding and a timeline of implementation;

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and

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     (3) Any other information requested by the general assembly.

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     (c) Nothing contained in this chapter is intended to abrogate or affect the existing powers

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of the department of environmental management or the coastal resources management council.

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     46-23.3-7. Uniform climate change adaptation fee.

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     (a) A uniform climate change adaptation fee in an amount not exceeding five cents ($.05)

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for each barrel of petroleum products, as set by the director pursuant to subsection (d) of this

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section, shall be imposed upon every person owning petroleum products at the time the petroleum

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products are received at a marine terminal within this state by means of a vessel from a point of

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origin outside this state. The fee shall be remitted to the division of taxation on the thirtieth day of

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each month based upon the number of barrels of petroleum products received during the preceding

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month.

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     (b) Every owner of petroleum products shall be liable for the fee until it has been paid to

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the state, except that payment to a marine terminal operator registered under this chapter is

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sufficient to relieve the owner from further liability for the fee; provided, however, that the fee for

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asphalt products and asphalt derivatives shall be one cent ($.01) per barrel of asphalt products or

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derivatives.

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     (c) Whenever the director, in consultation with the department and the division of taxation,

 

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estimates that the amount in either fund will reach the amount specified in subsection (e) of this

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section, and the money in the fund is not required for the purposes specified in § 46-23.3-1, the

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director shall instruct the division of taxation to cease collecting the fee.

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     (d) The division of taxation, except for the fee set out in subsection (b) of this section, shall

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not set the amount of the fee at less than five cents ($0.05) for each barrel of petroleum products or

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crude oil, unless the director finds that the assessment of a lesser fee will cause the fund to reach

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the designated amount within six (6) months.

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     (e) For the purposes of this chapter, "designated amount" means an amount equal to ten

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million dollars ($10,000,000), adjusted for inflation after January l, 2022, according to an index

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which the director may reasonably choose.

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     (f) All fees collected pursuant to this section shall be deposited in the Rhode Island climate

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change and adaptation fund, and shall be disbursed according to the purposes expressed in § 46-

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23.3-1.

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     46-23.3-8. Regulations.

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     The council and the director shall adopt all rules and regulations necessary for the

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administration and enforcement of this chapter.

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     SECTION 2. This act shall take effect on July 1, 2022.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- THE OCEAN STATE CLIMATE

ADAPTATION FUND

***

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     This act would establish the Ocean State Climate Adaptation and Resilience Fund. The

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fund would enable cities, towns and the state to apply for grants to fund projects that restore and

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improve the climate resilience of vulnerable coastal habitats, as well as river and stream floodplains

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with priority to projects that improve community resilience and public safety.

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     This act would take effect on July 1, 2022.

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