2021 -- S 0035 SUBSTITUTE A | |
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LC000414/SUB A | |
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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 | |
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Introduced By: Senators Pearson, Euer, Coyne, Anderson, Valverde, Archambault, | |
Date Introduced: January 19, 2021 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative findings and purpose. |
2 | The general assembly hereby finds and declares that: |
3 | (1) The production, transport and use of fossil fuels have significant impacts on the |
4 | environment. |
5 | (2) The impacts of climate change upon Rhode Island's built and natural environments are |
6 | wide-ranging, discernible and documented, and, in many cases growing in severity and include sea |
7 | level rise, coastal erosion, increased precipitation, flooding and storm surge. |
8 | (3) As of 2016, the range in sea level rise change is projected by the National Oceanic and |
9 | Atmospheric Administration to be a maximum of approximately one foot (1') in 2035, two feet (2') |
10 | in 2050 and up to nine feet (9') by 2100. |
11 | (4) Annual precipitation has increased by two inches (2") since 1950 and more intense |
12 | rainfall is flooding low-lying areas and threatening public infrastructure. |
13 | (5) Climate change has and will continue to pose significant risks for state and municipal |
14 | infrastructure and our environment, public health, welfare, and economic well-being. |
15 | (6) Providing areas for coastal and estuarine habitats to migrate is essential to preserving |
16 | coastal and marine wildlife resources. |
17 | (7) Ecosystem services that natural environments provide, such as dampening of wave |
18 | energy and flood storage are at risk due to climate change, and protecting natural systems is vital |
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1 | to protecting built infrastructure and is cost effective. |
2 | (8) Rhode Island infrastructure is at risk and the state must begin to plan and implement |
3 | projects to adapt to changing conditions. |
4 | (9) Reducing the vulnerability of our infrastructure is vital to the economic prosperity and |
5 | quality of life of the citizens of the state. |
6 | (10) The state, cities, and towns, need a dedicated, long-term source of funding to assist in |
7 | implementing projects to address the impacts of climate change. |
8 | (11) The purpose of this chapter is to create the Ocean State Climate Adaptation and |
9 | Resilience (OSCAR) fund as a dedicated long-term source of grant funds to enable cities and towns |
10 | to implement projects that restore and improve the climate resilience of vulnerable coastal habitats, |
11 | as well as river and stream floodplains with priority to projects that improve community resilience |
12 | and public safety. |
13 | SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is |
14 | hereby amended by adding thereto the following chapter: |
15 | CHAPTER 23.3 |
16 | THE OCEAN STATE CLIMATE ADAPTATION AND RESILIENCE FUND |
17 | 46-23.3-1. Short title. |
18 | This chapter shall be known as the "Ocean State Climate Adaptation and Resilience Fund". |
19 | 46-23.3-2. Definitions. |
20 | For the purposes of this chapter, the following words and phrases shall have the following |
21 | meanings: |
22 | (1) "Adaptation and resilience projects" means those projects on public land that protect or |
23 | enhance coastal or riverine habitats to address climate change impacts. Adaption and resilience |
24 | projects include, but are not limited to, those projects that reduce the vulnerability of low-lying |
25 | infrastructure on public land through measures that include removal and relocation of |
26 | infrastructure, restoration of river and stream floodplains, including regrading of banks, |
27 | revegetation, acquisition of that area of land necessary to maintain and preserve public access, and |
28 | redesigning, resizing and replacing culverts and bridge spans at existing wetland crossings. |
29 | (2) "Bank" means the Rhode Island infrastructure bank." |
30 | (3) "Climate change impacts" means and includes, but is not limited to, flooding, erosion, |
31 | sea level rise, and storm surge. |
32 | (4) "Council" means the coastal resources management council. |
33 | (5) "Department" means the department of environmental management. |
34 | (6) "Director" means the director of the department of environmental management. |
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1 | (7) "Infrastructure" means and includes, but is not limited to, roads, parking lots and other |
2 | paved surfaces, shoreline protection structures, buildings, water control structures, culverts, other |
3 | structures and remnants of development. |
4 | (8) "Public land(s)" means property owned by state or municipal governments, including |
5 | any quasi-public agencies thereof, public and private lands dedicated to public use, including lands |
6 | that provide access to shorelines and riverbanks. Public lands include properties where the state or |
7 | municipality holds an easement for public purposes. |
8 | (9) "Shoreline protection structures" means and includes, but is not limited to, revetments, |
9 | bulkheads, seawalls and floodwalls, breakwaters, jetties, and other structures, the purpose or effect |
10 | of which is to control the erosion of coastal or river features, and includes, but is not limited to, any |
11 | sheet pile walls, concrete or stone walls. |
12 | 46-23.3-3. Technical advisory committee. |
13 | There is hereby established a technical advisory committee consisting of four (4) members |
14 | as follows: one member shall be the director of the department of environmental management, or |
15 | designee; one member shall be the director of the coastal resources management council, or |
16 | designee; one member shall be the director of the state planning council within the department of |
17 | administration, or designee; and one member shall be the director of the Rhode Island emergency |
18 | management authority, or designee. The technical advisory committee shall serve as an advisory |
19 | board to the department, council and the program staff. |
20 | 46-23.3-4. Establishment -- The ocean state climate adaptation and resilience fund. |
21 | (a) Establishment. There is established within the Rhode Island infrastructure bank, the |
22 | Ocean State Climate Adaptation and Resilience fund (the "OSCAR fund"). |
23 | (b) Financing. The fund shall consist of the following sources: |
24 | (1) Sums the general assembly may appropriate; |
25 | (2) Monies received from Federal, state, or other sources, including bond funds, for the |
26 | purposes of the OSCAR fund; |
27 | (3) Monies received from any private donor for the OSCAR fund; and |
28 | (4) Any interest earned on the monies in the fund. |
29 | (c) Allocation of OSCAR funds. OSCAR funds shall be used to carry out the purposes of |
30 | this chapter as follows: |
31 | (1) The administrative expenses required to carry out the activities of the program as |
32 | described in this chapter shall not exceed fifty thousand dollars ($50,000) each for the Rhode Island |
33 | infrastructure bank, coastal resources management council and the department of environmental |
34 | management annually, which sum shall not include the cost of issuing bonds or notes, if any. The |
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1 | department and the council shall be responsible for submitting annual budget requests for its |
2 | administrative and implementation costs of the program to the bank; |
3 | (2) The planning, design, engineering, construction, and monitoring of adaptation and |
4 | resilience projects as defined in this chapter; and |
5 | (3) The OSCAR projects approved by the department and the council upon |
6 | recommendation of the technical advisory committee. Only grants approved through the process |
7 | established by the department and council shall be eligible for funding under this program. Subject |
8 | to the availability of funds in the OSCAR fund, the bank shall award funding upon receipt of written |
9 | approval of the department and council. |
10 | (d) OSCAR fund grants. Factors to be taken into consideration by the technical advisory |
11 | committee for the purposes of granting monies to municipalities and the state for OSCAR grants, |
12 | for determining the eligibility of projects for financial assistance, and in prioritizing the selection |
13 | of projects by the technical committee shall include, but need not be limited to: |
14 | (1) Consistency with the following where applicable: the council's most recent projections |
15 | for sea level rise, the coastal habitat restoration strategy, the state nonpoint source pollution control |
16 | plan and other applicable state and federal laws. |
17 | (2) The ability and authority of the applicant to carry out and properly maintain the |
18 | adaptation and resilience project; |
19 | (3) Whether the project will enhance public access to public land; |
20 | (4) The severity to, or the risk and/or extent of, infrastructure degradation on public land; |
21 | (5) The extent of the use by the public of the public land; |
22 | (6) The proposed milestones to ensure that the project is completed as designed and |
23 | approved; |
24 | (7) Whether the adaptation and resilience project can also be shown to create or replace |
25 | habitat losses that benefit fish and wildlife resources; |
26 | (8) Potential water quality improvements; |
27 | (9) Potential improvements to fish and wildlife habitats for species which are identified as |
28 | rare or endangered by the Rhode Island natural history survey or the Federal Endangered Species |
29 | Act [16 U.S.C. § 1531 et seq.]; |
30 | (10) The level and extent of collaboration by partners (e.g., municipality, nongovernment |
31 | organization, watershed council, federal agency, etc.); and |
32 | (11) Overall potential benefits to the public and estimated length of time frame of benefit. |
33 | 46-23.3-5. Eligible and ineligible projects. |
34 | (a) Funds in the Ocean State Climate Adaptation and Resilience (OSCAR) fund shall be |
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1 | used solely for adaptation and resilience projects as defined in § 46-23.3-2(1). |
2 | (b) The OSCAR fund shall not be used for: |
3 | (1) Mitigating any current, planned or future projects that degrade, fill, or otherwise destroy |
4 | coastal, estuarine, or riverine habitats; |
5 | (2) Fulfilling any liability for restoration required by any local, state or federal agency |
6 | pursuant to an environmental or public health enforcement action; |
7 | (3) With the exception of culverts as specifically described in § 46-23.3-2(1), elevating, |
8 | repairing or replacing infrastructure, or constructing new infrastructure, in its existing location that |
9 | is experiencing climate change impacts as defined in § 46-23.3-2(2); |
10 | (4) Constructing new, or repairing existing shoreline protection structures; provided, |
11 | however, that existing shoreline protection structures on public parks may be repaired; and/or |
12 | (5) Constructing roads or bridges. |
13 | 46-23.3-6. Disbursement process and reporting. |
14 | (a) The department and the council shall establish and execute a process, at least annually, |
15 | for the solicitation, evaluation and award of grants for projects that meet the requirements set forth |
16 | in this chapter. The department and council shall forward their respective written notification of |
17 | approval of a project application to the bank. |
18 | (b) The department, the council and the bank shall jointly submit a report to the speaker of |
19 | the house of representatives and the president of the senate not later than the tenth day following |
20 | the convening of each regular session of the general assembly. The report shall include the |
21 | following: |
22 | (1) The amount of money awarded from the OSCAR fund during the preceding fiscal year; |
23 | (2) A brief summary of the projects that received funding and a timeline of implementation; |
24 | and |
25 | (3) Any other information requested by the general assembly. |
26 | (c) Nothing contained in this chapter is intended to abrogate or affect the existing powers |
27 | of the department of environmental management, the coastal resources management council or the |
28 | bank. |
29 | 46-23.3-7. Regulations. |
30 | The council, the department and the bank shall adopt all rules and regulations necessary |
31 | for the administration and enforcement of this chapter. |
32 | SECTION 3. This act shall take effect on July 1, 2022. |
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LC000414/SUB A | |
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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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1 | This act would establish the Ocean State Climate Adaptation and Resilience Fund. The |
2 | fund would enable cities, towns and the state to apply for grants to fund projects that restore |
3 | and improve the climate resilience of vulnerable coastal habitats, as well as river and stream |
4 | floodplains with priority to projects that improve community resilience and public safety. |
5 | This act would take effect on July 1, 2022. |
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LC000414/SUB A | |
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