2022 -- S 2843 SUBSTITUTE A | |
======== | |
LC005679/SUB A | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF | |
ENVIRONMENTAL MANAGEMENT | |
| |
Introduced By: Senators McCaffrey, Anderson, Mack, Calkin, and DiMario | |
Date Introduced: April 05, 2022 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 42-17.1-2 and 42-17.1-4 of the General Laws in Chapter 42-17.1 |
2 | entitled "Department of Environmental Management" are hereby amended to read as follows: |
3 | 42-17.1-2. Powers and duties. |
4 | The director of environmental management shall have the following powers and duties: |
5 | (1) To supervise and control the protection, development, planning, and utilization of the |
6 | natural resources of the state, such resources, including, but not limited to: water, plants, trees, soil, |
7 | clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish, |
8 | shellfish, and other forms of aquatic, insect, and animal life; |
9 | (2) To exercise all functions, powers, and duties heretofore vested in the department of |
10 | agriculture and conservation, and in each of the divisions of the department, such as the promotion |
11 | of agriculture and animal husbandry in their several branches, including the inspection and |
12 | suppression of contagious diseases among animals; the regulation of the marketing of farm |
13 | products; the inspection of orchards and nurseries; the protection of trees and shrubs from injurious |
14 | insects and diseases; protection from forest fires; the inspection of apiaries and the suppression of |
15 | contagious diseases among bees; the prevention of the sale of adulterated or misbranded |
16 | agricultural seeds; promotion and encouragement of the work of farm bureaus, in cooperation with |
17 | the University of Rhode Island, farmers' institutes, and the various organizations established for the |
18 | purpose of developing an interest in agriculture; together with such other agencies and activities as |
| |
1 | the governor and the general assembly may, from time to time, place under the control of the |
2 | department; and as heretofore vested by such of the following chapters and sections of the general |
3 | laws as are presently applicable to the department of environmental management and that were |
4 | previously applicable to the department of natural resources and the department of agriculture and |
5 | conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2 |
6 | entitled "Agriculture and Forestry"; chapters 1 through 17, inclusive, as amended, in title 4 entitled |
7 | "Animals and Animal Husbandry"; chapters 1 through 19, inclusive, as amended, in title 20 entitled |
8 | "Fish and Wildlife"; chapters 1 through 32, inclusive, as amended, in title 21 entitled "Food and |
9 | Drugs"; chapter 7 of title 23, as amended, entitled "Mosquito Abatement"; and by any other general |
10 | or public law relating to the department of agriculture and conservation or to any of its divisions or |
11 | bureaus; no powers or duties granted herein shall be construed to abrogate the powers or duties |
12 | granted to the natural heritage preservation commission under chapter 17.5 of title 42 and chapter |
13 | 122 of title 42, as amended; |
14 | (3) To exercise all the functions, powers, and duties heretofore vested in the division of |
15 | parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled |
16 | "Parks and Recreational Areas"; by chapter 22.5 of title 23, as amended, entitled "Drowning |
17 | Prevention and Lifesaving"; and by any other general or public law relating to the division of parks |
18 | and recreation; no powers or duties granted herein shall be construed to abrogate the powers or |
19 | duties granted to the natural heritage preservation commission under chapter 17.5 of title 42 and |
20 | chapter 122 of title 42, as amended; |
21 | (4) To exercise all the functions, powers, and duties heretofore vested in the division of |
22 | harbors and rivers of the department of public works, or in the department itself by such as were |
23 | previously applicable to the division or the department, of chapters 1 through 22 and sections |
24 | thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or public |
25 | law relating to the division of harbors and rivers; |
26 | (5) To exercise all the functions, powers, and duties heretofore vested in the department of |
27 | health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety"; and by |
28 | chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4, 5, |
29 | 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry"; and |
30 | those functions, powers, and duties specifically vested in the director of environmental |
31 | management by the provisions of § 21-2-22, as amended, entitled "Inspection of Animals and |
32 | Milk"; together with other powers and duties of the director of the department of health as are |
33 | incidental to, or necessary for, the performance of the functions transferred by this section; |
34 | (6) To cooperate with the Rhode Island commerce corporation in its planning and |
| LC005679/SUB A - Page 2 of 25 |
1 | promotional functions, particularly in regard to those resources relating to agriculture, fisheries, |
2 | and recreation; |
3 | (7) To cooperate with, advise, and guide conservation commissions of cities and towns |
4 | created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter |
5 | 203 of the Public Laws, 1960; |
6 | (8) To assign or reassign, with the approval of the governor, any functions, duties, or |
7 | powers established by this chapter to any agency within the department, except as hereinafter |
8 | limited; |
9 | (9) To cooperate with the water resources board and to provide to the board facilities, |
10 | administrative support, staff services, and other services as the board shall reasonably require for |
11 | its operation and, in cooperation with the board and the statewide planning program, to formulate |
12 | and maintain a long-range guide plan and implementing program for development of major water- |
13 | sources transmission systems needed to furnish water to regional- and local-distribution systems; |
14 | (10) To cooperate with the solid waste management corporation and to provide to the |
15 | corporation such facilities, administrative support, staff services, and other services within the |
16 | department as the corporation shall reasonably require for its operation; |
17 | (11) To provide for the maintenance of waterways and boating facilities, consistent with |
18 | chapter 6.1 of title 46, by: (i) Establishing minimum standards for upland beneficial use and |
19 | disposal of dredged material; (ii) Promulgating and enforcing rules for water quality, ground water |
20 | protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) Planning for the upland |
21 | beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the council |
22 | pursuant to § 46-23-6(2); and (iv) Cooperating with the coastal resources management council in |
23 | the development and implementation of comprehensive programs for dredging as provided for in |
24 | §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material management and disposal |
25 | sites in accordance with the protocols established pursuant to § 46-6.1-5(a)(3) and the |
26 | comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties granted herein |
27 | shall be construed to abrogate the powers or duties granted to the coastal resources management |
28 | council under chapter 23 of title 46, as amended; |
29 | (12) To establish minimum standards, subject to the approval of the environmental |
30 | standards board, relating to the location, design, construction, and maintenance of all sewage- |
31 | disposal systems; |
32 | (13) To enforce, by such means as provided by law, the standards for the quality of air, and |
33 | water, and the design, construction, and operation of all sewage-disposal systems; any order or |
34 | notice issued by the director relating to the location, design, construction, or maintenance of a |
| LC005679/SUB A - Page 3 of 25 |
1 | sewage-disposal system shall be eligible for recordation under chapter 13 of title 34. The director |
2 | shall forward the order or notice to the city or town wherein the subject property is located and the |
3 | order or notice shall be recorded in the general index by the appropriate municipal official in the |
4 | land evidence records in the city or town wherein the subject property is located. Any subsequent |
5 | transferee of that property shall be responsible for complying with the requirements of the order or |
6 | notice. Upon satisfactory completion of the requirements of the order or notice, the director shall |
7 | provide written notice of the same, which notice shall be similarly eligible for recordation. The |
8 | original written notice shall be forwarded to the city or town wherein the subject property is located |
9 | and the notice of satisfactory completion shall be recorded in the general index by the appropriate |
10 | municipal official in the land evidence records in the city or town wherein the subject property is |
11 | located. A copy of the written notice shall be forwarded to the owner of the subject property within |
12 | five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject |
13 | property within thirty (30) days after correction; |
14 | (14) To establish minimum standards for the establishment and maintenance of salutary |
15 | environmental conditions, including standards and methods for the assessment and the |
16 | consideration of the cumulative effects on the environment of regulatory actions and decisions, |
17 | which standards for consideration of cumulative effects shall provide for: (i) Evaluation of potential |
18 | cumulative effects that could adversely affect public health and/or impair ecological functioning; |
19 | (ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate |
20 | in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable |
21 | to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private |
22 | and public wells, unless broader use is approved by the general assembly. The department shall |
23 | report to the general assembly not later than March 15, 2008, with regard to the development and |
24 | application of the standards and methods in Jamestown; |
25 | (15) To establish and enforce minimum standards for permissible types of septage, |
26 | industrial-waste disposal sites, and waste-oil disposal sites; |
27 | (16) To establish minimum standards, subject to the approval of the environmental |
28 | standards board, for permissible types of refuse disposal facilities; the design, construction, |
29 | operation, and maintenance of disposal facilities; and the location of various types of facilities; |
30 | (17) To exercise all functions, powers, and duties necessary for the administration of |
31 | chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act"; |
32 | (18) To designate, in writing, any person in any department of the state government or any |
33 | official of a district, county, city, town, or other governmental unit, with that official's consent, to |
34 | enforce any rule, regulation, or order promulgated and adopted by the director under any provision |
| LC005679/SUB A - Page 4 of 25 |
1 | of law; provided, however, that enforcement of powers of the coastal resources management |
2 | council shall be assigned only to employees of the department of environmental management, |
3 | except by mutual agreement or as otherwise provided in chapter 23 of title 46; |
4 | (19) To issue and enforce the rules, regulations, and orders as may be necessary to carry |
5 | out the duties assigned to the director and the department by any provision of law; and to conduct |
6 | investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to |
7 | enforce those rules, regulations, and orders. Any license suspended under the rules, regulations, |
8 | and/or orders shall be terminated and revoked if the conditions that led to the suspension are not |
9 | corrected to the satisfaction of the director within two (2) years; provided that written notice is |
10 | given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of |
11 | termination. |
12 | Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a |
13 | contested licensing matter shall occur where resolution substantially deviates from the original |
14 | application unless all interested parties shall be notified of the proposed resolution and provided |
15 | with opportunity to comment upon the resolution pursuant to applicable law and any rules and |
16 | regulations established by the director; |
17 | (20) To enter, examine, or survey, at any reasonable time, places as the director deems |
18 | necessary to carry out his or her responsibilities under any provision of law subject to the following |
19 | provisions: |
20 | (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a |
21 | search warrant from an official of a court authorized to issue warrants, unless a search without a |
22 | warrant is otherwise allowed or provided by law; |
23 | (ii)(A) All administrative inspections shall be conducted pursuant to administrative |
24 | guidelines promulgated by the department in accordance with chapter 35 of this title; |
25 | (B) A warrant shall not be required for administrative inspections if conducted under the |
26 | following circumstances, in accordance with the applicable constitutional standards: |
27 | (I) For closely regulated industries; |
28 | (II) In situations involving open fields or conditions that are in plain view; |
29 | (III) In emergency situations; |
30 | (IV) In situations presenting an imminent threat to the environment or public health, safety, |
31 | or welfare; |
32 | (V) If the owner, operator, or agent in charge of the facility, property, site, or location |
33 | consents; or |
34 | (VI) In other situations in which a warrant is not constitutionally required. |
| LC005679/SUB A - Page 5 of 25 |
1 | (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the |
2 | director in his or her discretion deems it advisable, an administrative search warrant, or its |
3 | functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of |
4 | conducting an administrative inspection. The warrant shall be issued in accordance with the |
5 | applicable constitutional standards for the issuance of administrative search warrants. The |
6 | administrative standard of probable cause, not the criminal standard of probable cause, shall apply |
7 | to applications for administrative search warrants; |
8 | (I) The need for, or reliance upon, an administrative warrant shall not be construed as |
9 | requiring the department to forfeit the element of surprise in its inspection efforts; |
10 | (II) An administrative warrant issued pursuant to this subsection must be executed and |
11 | returned within ten (10) days of its issuance date unless, upon a showing of need for additional |
12 | time, the court orders otherwise; |
13 | (III) An administrative warrant may authorize the review and copying of documents that |
14 | are relevant to the purpose of the inspection. If documents must be seized for the purpose of |
15 | copying, and the warrant authorizes the seizure, the person executing the warrant shall prepare an |
16 | inventory of the documents taken. The time, place, and manner regarding the making of the |
17 | inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the |
18 | inventory shall be delivered to the person from whose possession or facility the documents were |
19 | taken. The seized documents shall be copied as soon as feasible under circumstances preserving |
20 | their authenticity, then returned to the person from whose possession or facility the documents were |
21 | taken; |
22 | (IV) An administrative warrant may authorize the taking of samples of air, water, or soil |
23 | or of materials generated, stored, or treated at the facility, property, site, or location. Upon request, |
24 | the department shall make split samples available to the person whose facility, property, site, or |
25 | location is being inspected; |
26 | (V) Service of an administrative warrant may be required only to the extent provided for |
27 | in the terms of the warrant itself, by the issuing court. |
28 | (D) Penalties. Any willful and unjustified refusal of right of entry and inspection to |
29 | department personnel pursuant to an administrative warrant shall constitute a contempt of court and |
30 | shall subject the refusing party to sanctions, which in the court's discretion may result in up to six |
31 | (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal; |
32 | (21) To give notice of an alleged violation of law to the person responsible therefor |
33 | whenever the director determines that there are reasonable grounds to believe that there is a |
34 | violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted |
| LC005679/SUB A - Page 6 of 25 |
1 | pursuant to authority granted to him or her. Nothing in this chapter shall limit the authority of the |
2 | attorney general to prosecute offenders as required by law; |
3 | (i) The notice shall provide for a time within which the alleged violation shall be remedied, |
4 | and shall inform the person to whom it is directed that a written request for a hearing on the alleged |
5 | violation may be filed with the director within twenty (20) days after service of the notice. The |
6 | notice will be deemed properly served upon a person if a copy thereof is served him or her |
7 | personally; or sent by registered or certified mail to his or her last known address; or if he or she is |
8 | served with notice by any other method of service now or hereafter authorized in a civil action |
9 | under the laws of this state. If no written request for a hearing is made to the director within twenty |
10 | (20) days of the service of notice, the notice shall automatically become a compliance order; |
11 | (ii)(A) Whenever the director determines that there exists a violation of any law, rule, or |
12 | regulation within his or her jurisdiction that requires immediate action to protect the environment, |
13 | he or she may, without prior notice of violation or hearing, issue an immediate-compliance order |
14 | stating the existence of the violation and the action he or she deems necessary. The compliance |
15 | order shall become effective immediately upon service or within such time as is specified by the |
16 | director in such order. No request for a hearing on an immediate-compliance order may be made; |
17 | (B) Any immediate-compliance order issued under this section without notice and prior |
18 | hearing shall be effective for no longer than forty-five (45) days; provided, however, that for good |
19 | cause shown, the order may be extended one additional period not exceeding forty-five (45) days; |
20 | (iii) The director may, at his or her discretion and for the purposes of timely and effective |
21 | resolution and return to compliance, cite a person for alleged noncompliance through the issuance |
22 | of an expedited citation in accordance with § 42-17.6-3(c); |
23 | (iv) If a person upon whom a notice of violation has been served under the provisions of |
24 | this section or if a person aggrieved by any such notice of violation requests a hearing before the |
25 | director within twenty (20) days of the service of notice of violation, the director shall set a time |
26 | and place for the hearing, and shall give the person requesting that hearing at least five (5) days' |
27 | written notice thereof. After the hearing, the director may make findings of fact and shall sustain, |
28 | modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that |
29 | decision shall be deemed a compliance order and shall be served upon the person responsible in |
30 | any manner provided for the service of the notice in this section; |
31 | (v) The compliance order shall state a time within which the violation shall be remedied, |
32 | and the original time specified in the notice of violation shall be extended to the time set in the |
33 | order; |
34 | (vi) Whenever a compliance order has become effective, whether automatically where no |
| LC005679/SUB A - Page 7 of 25 |
1 | hearing has been requested, where an immediate compliance order has been issued, or upon |
2 | decision following a hearing, the director may institute injunction proceedings in the superior court |
3 | of the state for enforcement of the compliance order and for appropriate temporary relief, and in |
4 | that proceeding, the correctness of a compliance order shall be presumed and the person attacking |
5 | the order shall bear the burden of proving error in the compliance order, except that the director |
6 | shall bear the burden of proving in the proceeding the correctness of an immediate compliance |
7 | order. The remedy provided for in this section shall be cumulative and not exclusive and shall be |
8 | in addition to remedies relating to the removal or abatement of nuisances or any other remedies |
9 | provided by law; |
10 | (vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30) |
11 | days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to |
12 | review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the |
13 | petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of |
14 | certiorari; |
15 | (22) To impose administrative penalties in accordance with the provisions of chapter 17.6 |
16 | of this title and to direct that such penalties be paid into the account established by subdivision (26); |
17 | (23) The following definitions shall apply in the interpretation of the provisions of this |
18 | chapter: |
19 | (i) Director: The term "director" shall mean the director of environmental management of |
20 | the state of Rhode Island or his or her duly authorized agent; |
21 | (ii) Person: The term "person" shall include any individual, group of individuals, firm, |
22 | corporation, association, partnership, or private or public entity, including a district, county, city, |
23 | town, or other governmental unit or agent thereof, and in the case of a corporation, any individual |
24 | having active and general supervision of the properties of the corporation; (iii) Service: (A) |
25 | Service upon a corporation under this section shall be deemed to include service upon both |
26 | the corporation and upon the person having active and general supervision of the properties of the |
27 | corporation; |
28 | (B) For purposes of calculating the time within which a claim for a hearing is made |
29 | pursuant to subdivision (21)(i), service shall be deemed to be the date of receipt of such notice or |
30 | three (3) days from the date of mailing of the notice, whichever shall first occur; |
31 | (24)(i) To conduct surveys of the present private and public camping and other recreational |
32 | areas available and to determine the need for and location of other camping and recreational areas |
33 | as may be deemed necessary and in the public interest of the state of Rhode Island and to report |
34 | back its findings on an annual basis to the general assembly on or before March 1 of every year; |
| LC005679/SUB A - Page 8 of 25 |
1 | (ii) Additionally, the director of the department of environmental management shall take |
2 | additional steps, including, but not limited to, matters related to funding as may be necessary to |
3 | establish such other additional recreational facilities and areas as are deemed to be in the public |
4 | interest; |
5 | (25)(i) To apply for and accept grants and bequests of funds, with the approval of the |
6 | director of administration, from other states, interstate agencies, and independent authorities, and |
7 | private firms, individuals, and foundations, for the purpose of carrying out his or her lawful |
8 | responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt |
9 | account created in the natural resources program for funds made available for that program's |
10 | purposes or in a restricted receipt account created in the environmental protection program for |
11 | funds made available for that program's purposes. All expenditures from the accounts shall be |
12 | subject to appropriation by the general assembly, and shall be expended in accordance with the |
13 | provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the |
14 | event that the trust account balance shows a surplus after the project as provided for in the grant or |
15 | bequest has been completed, the director may utilize the appropriated unspecified or appropriated |
16 | surplus funds for enhanced management of the department's forest and outdoor public recreation |
17 | areas, or other projects or programs that promote the accessibility of recreational opportunities for |
18 | Rhode Island residents and visitors; |
19 | (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by |
20 | October 1 of each year, a detailed report on the amount of funds received and the uses made of such |
21 | funds; |
22 | (26) To establish fee schedules by regulation, with the approval of the governor, for the |
23 | processing of applications and the performing of related activities in connection with the |
24 | department's responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to |
25 | inspections performed by the department to determine compliance with chapter 19.1 and rules and |
26 | regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections |
27 | performed by the department to determine compliance with chapter 18.9 and the rules and |
28 | regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of |
29 | title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant |
30 | to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and |
31 | administration of underground storage tanks and all other programs administered under chapter 12 |
32 | of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46, insofar as |
33 | they relate to any reviews and related activities performed under the provisions of the Groundwater |
34 | Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury- |
| LC005679/SUB A - Page 9 of 25 |
1 | added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all |
2 | enforcement, permitting and licensing matters to the administrative adjudication division for |
3 | environmental matters. Two (2) fee ranges shall be required: for "Appeal of enforcement actions," |
4 | a range of fifty dollars ($50) to one hundred dollars ($100), and for "Appeal of application |
5 | decisions," a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies |
6 | from the administrative adjudication fees will be deposited as general revenues and the amounts |
7 | appropriated shall be used for the costs associated with operating the administrative adjudication |
8 | division. |
9 | There is hereby established an account within the general fund to be called the water and |
10 | air protection program. The account shall consist of sums appropriated for water and air pollution |
11 | control and waste-monitoring programs and the state controller is hereby authorized and directed |
12 | to draw his or her orders upon the general treasurer for the payment of the sums, or portions thereof, |
13 | as may be required, from time to time, upon receipt by him or her of properly authenticated |
14 | vouchers. All amounts collected under the authority of this subdivision for the sewage-disposal- |
15 | system program and freshwater wetlands program will be deposited as general revenues and the |
16 | amounts appropriated shall be used for the purposes of administering and operating the programs. |
17 | The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of |
18 | each year a detailed report on the amount of funds obtained from fines and fees and the uses made |
19 | of the funds; |
20 | (27) To establish and maintain a list or inventory of areas within the state worthy of special |
21 | designation as "scenic" to include, but not be limited to, certain state roads or highways, scenic |
22 | vistas, and scenic areas, and to make the list available to the public; |
23 | (28) To establish and maintain an inventory of all interests in land held by public and |
24 | private land trust and to exercise all powers vested herein to ensure the preservation of all identified |
25 | lands; |
26 | (i) The director may promulgate and enforce rules and regulations to provide for the orderly |
27 | and consistent protection, management, continuity of ownership and purpose, and centralized |
28 | records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part |
29 | through other interests, rights, or devices such as conservation easements or restrictions, by private |
30 | and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each |
31 | document submitted by a land trust; |
32 | (ii) The term "public land trust" means any public instrumentality created by a Rhode Island |
33 | municipality for the purposes stated herein and financed by means of public funds collected and |
34 | appropriated by the municipality. The term "private land trust" means any group of five (5) or more |
| LC005679/SUB A - Page 10 of 25 |
1 | private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a |
2 | nonbusiness corporation for the purposes stated herein, or a national organization such as the nature |
3 | conservancy. The main purpose of either a public or a private land trust shall be the protection, |
4 | acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features, |
5 | areas, or open space for the purpose of managing or maintaining, or causing to be managed or |
6 | maintained by others, the land, water, and other natural amenities in any undeveloped and relatively |
7 | natural state in perpetuity. A private land trust must be granted exemption from federal income tax |
8 | under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its |
9 | incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A |
10 | private land trust may not be incorporated for the exclusive purpose of acquiring or accepting |
11 | property or rights in property from a single individual, family, corporation, business, partnership, |
12 | or other entity. Membership in any private land trust must be open to any individual subscribing to |
13 | the purposes of the land trust and agreeing to abide by its rules and regulations including payment |
14 | of reasonable dues; |
15 | (iii)(A) Private land trusts will, in their articles of association or their bylaws, as |
16 | appropriate, provide for the transfer to an organization, created for the same or similar purposes, of |
17 | the assets, lands and land rights, and interests held by the land trust in the event of termination or |
18 | dissolution of the land trust; |
19 | (B) All land trusts, public and private, will record in the public records, of the appropriate |
20 | towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other interests |
21 | and rights acquired in land and will also file copies of all such documents and current copies of |
22 | their articles of association, their bylaws, and their annual reports with the secretary of state and |
23 | with the director of the Rhode Island department of environmental management. The director is |
24 | hereby directed to establish and maintain permanently a system for keeping records of all private |
25 | and public land trust land holdings in Rhode Island; |
26 | (29) The director will contact in writing, not less often than once every two (2) years, each |
27 | public or private land trust to ascertain: that all lands held by the land trust are recorded with the |
28 | director; the current status and condition of each land holding; that any funds or other assets of the |
29 | land trust held as endowment for specific lands have been properly audited at least once within the |
30 | two-year (2) period; the name of the successor organization named in the public or private land |
31 | trust's bylaws or articles of association; and any other information the director deems essential to |
32 | the proper and continuous protection and management of land and interests or rights in land held |
33 | by the land trust. In the event that the director determines that a public or private land trust holding |
34 | land or interest in land appears to have become inactive, he or she shall initiate proceedings to |
| LC005679/SUB A - Page 11 of 25 |
1 | effect the termination of the land trust and the transfer of its lands, assets, land rights, and land |
2 | interests to the successor organization named in the defaulting trust's bylaws or articles of |
3 | association or to another organization created for the same or similar purposes. Should such a |
4 | transfer not be possible, then the land trust, assets, and interest and rights in land will be held in |
5 | trust by the state of Rhode Island and managed by the director for the purposes stated at the time |
6 | of original acquisition by the trust. Any trust assets or interests other than land or rights in land |
7 | accruing to the state under such circumstances will be held and managed as a separate fund for the |
8 | benefit of the designated trust lands; |
9 | (30) Consistent with federal standards, issue and enforce such rules, regulations, and orders |
10 | as may be necessary to establish requirements for maintaining evidence of financial responsibility |
11 | for taking corrective action and compensating third parties for bodily injury and property damage |
12 | caused by sudden and non-sudden accidental releases arising from operating underground storage |
13 | tanks; |
14 | (31) To enforce, by such means as provided by law, the standards for the quality of air, and |
15 | water, and the location, design, construction, and operation of all underground storage facilities |
16 | used for storing petroleum products or hazardous materials; any order or notice issued by the |
17 | director relating to the location, design, construction, operation, or maintenance of an underground |
18 | storage facility used for storing petroleum products or hazardous materials shall be eligible for |
19 | recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or |
20 | town wherein the subject facility is located, and the order or notice shall be recorded in the general |
21 | index by the appropriate municipal officer in the land-evidence records in the city or town wherein |
22 | the subject facility is located. Any subsequent transferee of that facility shall be responsible for |
23 | complying with the requirements of the order or notice. Upon satisfactory completion of the |
24 | requirements of the order or notice, the director shall provide written notice of the same, which |
25 | notice shall be eligible for recordation. The original, written notice shall be forwarded to the city |
26 | or town wherein the subject facility is located, and the notice of satisfactory completion shall be |
27 | recorded in the general index by the appropriate municipal official in the land-evidence records in |
28 | the city or town wherein the subject facility is located. A copy of the written notice shall be |
29 | forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any |
30 | event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction; |
31 | (32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in |
32 | accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank |
33 | Financial Responsibility Act, as amended; |
34 | (33) To support, facilitate, and assist the Rhode Island Natural History Survey, as |
| LC005679/SUB A - Page 12 of 25 |
1 | appropriate and/or as necessary, in order to accomplish the important public purposes of the survey |
2 | in gathering and maintaining data on Rhode Island natural history; making public presentations and |
3 | reports on natural history topics; ranking species and natural communities; monitoring rare species |
4 | and communities; consulting on open-space acquisitions and management plans; reviewing |
5 | proposed federal and state actions and regulations with regard to their potential impact on natural |
6 | communities; and seeking outside funding for wildlife management, land management, and |
7 | research; |
8 | (34) To promote the effective stewardship of lakes, ponds, rivers, and streams including, |
9 | but not limited to, collaboration with watershed organizations and associations of lakefront property |
10 | owners on planning and management actions that will prevent and mitigate water quality |
11 | degradation, reduce the loss of native habitat due to infestation of non-native species, abate |
12 | nuisance conditions that result from excessive growth of algal or non-native plant species as well |
13 | as promote healthy freshwater riverine ecosystems; |
14 | (35) In implementing the programs established pursuant to this chapter, to identify critical |
15 | areas for improving service to customers doing business with the department, and to develop and |
16 | implement strategies to improve performance and effectiveness in those areas. Key aspects of a |
17 | customer-service program shall include, but not necessarily be limited to, the following |
18 | components: |
19 | (i) Maintenance of an organizational unit within the department with the express purpose |
20 | of providing technical assistance to customers and helping customers comply with environmental |
21 | regulations and requirements; |
22 | (ii) Maintenance of an employee-training program to promote customer service across the |
23 | department; |
24 | (iii) Implementation of a continuous business process evaluation and improvement effort, |
25 | including process reviews to encourage development of quality proposals; ensure timely and |
26 | predictable reviews; and result in effective decisions and consistent follow up and implementation |
27 | throughout the department; and publish an annual report on such efforts; |
28 | (iv) Creation of a centralized location for the acceptance of permit applications and other |
29 | submissions to the department; |
30 | (v) Maintenance of a process to promote, organize, and facilitate meetings prior to the |
31 | submission of applications or other proposals in order to inform the applicant on options and |
32 | opportunities to minimize environmental impact; improve the potential for sustainable |
33 | environmental compliance; and support an effective and efficient review and decision-making |
34 | process on permit applications related to the proposed project; |
| LC005679/SUB A - Page 13 of 25 |
1 | (vi) Development of single permits under multiple authorities otherwise provided in state |
2 | law to support comprehensive and coordinated reviews of proposed projects. The director may |
3 | address and resolve conflicting or redundant process requirements in order to achieve an effective |
4 | and efficient review process that meets environmental objectives; and |
5 | (vii) Exploration of the use of performance-based regulations coupled with adequate |
6 | inspection and oversight, as an alternative to requiring applications or submissions for approval |
7 | prior to initiation of projects. The department shall work with the office of regulatory reform to |
8 | evaluate the potential for adopting alternative compliance approaches and provide a report to the |
9 | governor and the general assembly by May 1, 2015; |
10 | (36) To formulate and promulgate regulations requiring any dock or pier longer than twenty |
11 | feet (20') and located on a freshwater lake or pond to be equipped with reflective materials, on all |
12 | sides facing the water, of an appropriate width and luminosity such that it can be seen by operators |
13 | of watercraft; and |
14 | (37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel |
15 | additive required or regulated by the department if the director finds that: |
16 | (i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the |
17 | New England region that prevent the distribution of an adequate supply of the fuel or fuel additive |
18 | to consumers; |
19 | (ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural |
20 | disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not |
21 | reasonably have been foreseen; and |
22 | (iii) It is in the public interest to grant the waiver. |
23 | Any temporary waiver shall be made in writing and shall be effective for twenty (20) |
24 | calendar days; provided, that the director may renew the temporary waiver, in writing, if it is |
25 | deemed necessary. |
26 | 42-17.1-4. Divisions within department. |
27 | Within the department of environmental management there are established the following |
28 | divisions: |
29 | (1) A division of parks and recreation that shall carry out those functions of the department |
30 | relating to the operation and maintenance of parks and recreation areas and the establishment and |
31 | maintenance of such additional recreation areas as may from time to time be acquired and such |
32 | other functions and duties as may, from time to time, be assigned by the director; no powers or |
33 | duties granted herein shall be construed to abrogate the powers or duties granted to the natural |
34 | heritage preservation commission under chapter 17.5 of title 42 and chapter 122 of title 42, as |
| LC005679/SUB A - Page 14 of 25 |
1 | amended; |
2 | (2) A division of fish and wildlife management that shall carry out those functions of the |
3 | department relating to the administration and management of hunting and freshwater fishing; the |
4 | preservation of wetlands, marsh lands, freshwater lakes, streams, ponds, and wildlife; and such |
5 | other related functions and duties as may be assigned by the director; no powers or duties granted |
6 | herein shall be construed to abrogate the powers or duties granted to the natural heritage |
7 | preservation commission under chapter 17.5 of title 42 and chapter 122 of title 42, as amended; |
8 | (3) A division of agriculture that shall carry out those functions of the department relating |
9 | to agriculture, and such other functions and duties as may from time to time be assigned by the |
10 | director, including, but not limited to, plant industry, farm viability, marketing and promotion, |
11 | farmland ecology and protection, plant and animal health and quarantine, pesticides, mosquito |
12 | abatement, pest survey and response, food policy and security, and, in collaboration with the |
13 | department of health, public health as it relates to farm production and direct marketing of farm |
14 | products, and those agreed upon through memorandum of agreement with the department of health |
15 | or other state agencies. The department of health shall continue to act as the lead agency for all |
16 | public health issues in the state pursuant to chapter 1 of title 23. Nothing herein contained shall |
17 | limit the department of health's statutory authority, nor shall any provision herein be construed as |
18 | a limitation upon the statutory authority of the department of health granted to the department under |
19 | title 23, nor shall any provision herein be construed to limit the authority of the department of |
20 | environmental management to enter into memoranda of agreement with any governmental agency. |
21 | The chief of the division of agriculture shall report directly to the director; no powers or duties |
22 | granted herein shall be construed to abrogate the powers or duties granted to the natural heritage |
23 | preservation commission under chapter 17.5 of title 42 and chapter 122 of title 42, as amended; |
24 | (4) A division of coastal resources that shall carry out those functions of the department |
25 | relating to harbors and harbor lines, pilotage, flood control, shore development, construction of port |
26 | facilities, and the registration of boats and such other functions and duties as may, from time to |
27 | time, be assigned by the director, except that the division shall not be responsible for the functions |
28 | of inspection of dams and reservoirs, approving plans for construction or improvement of dams, |
29 | reservoirs, and other structures in non-tidal waters, and the operation of stream-gauging stations in |
30 | cooperation with the United States Geological Survey, and provided, further, that the division and |
31 | its staff shall be responsible through the director of environmental management to the coastal |
32 | resources management council, and the chief and the staff of the division shall serve as staff to the |
33 | council; |
34 | (5) A division of planning and development that shall carry out those functions of the |
| LC005679/SUB A - Page 15 of 25 |
1 | department relating to planning, programming, acquisition of land, engineering studies, and such |
2 | other studies, as the director may direct, and that shall work with the Rhode Island board of |
3 | education, with educational institutions at all levels, and with the public in the dissemination of |
4 | information and education relating to natural resources, and shall perform the publication and |
5 | public relations functions of the department, the functions of inspection of dams and reservoirs, |
6 | approving plans for construction or improvement of dams, reservoirs, and other structures in non- |
7 | tidal waters, and the operation of stream-gauging stations in cooperation with the United States |
8 | Geological Survey; |
9 | (6) A division of enforcement that shall enforce all of the laws and regulations of the |
10 | department and the coastal resources management council, that shall cooperate with the other |
11 | enforcement agencies of the state and its municipalities, and that shall administer all of the policing, |
12 | enforcing, licensing, registration, and inspection functions of the department and such other |
13 | functions and duties as may, from time to time, be assigned by the director; |
14 | (7) A division of forest environment that shall carry out those functions of the department |
15 | relating to the administration of forests and natural areas, including programs for utilization, |
16 | conservation, forest fire protection, and improvements of these areas; assisting other agencies and |
17 | local governments in urban programs relating to trees, forests, green belts, and environment and |
18 | such other functions and duties as may, from time to time, be assigned by the director; no powers |
19 | or duties granted herein shall be construed to abrogate the powers or duties granted to the natural |
20 | heritage preservation commission under chapter 17.5 of title 42 and chapter 122 of title 42, as |
21 | amended; |
22 | (8)(i) A division of boating safety that shall carry out those functions of the department |
23 | relating to the development and administration of a coordinated, safe boating program in |
24 | accordance with the Model Safe Boating Act of 1971 as approved by the National Association of |
25 | State Boating Law Administrators. |
26 | (ii) Administration of the division of boating safety shall be the responsibility of the state |
27 | boating law administrator whose duties shall include: |
28 | (A) The enforcement of all laws relating to the act; and |
29 | (B) The powers vested in the state boating law administrator and boating safety |
30 | enforcement officer shall include the enforcement of laws, rules and regulations relating to |
31 | "Regulation of Boats," chapter 22 of title 46 and shall also include the power to: |
32 | (I) Execute all warrants and search warrants for the violation of laws, rules, and regulations |
33 | relating to the act. |
34 | (II) Serve subpoenas issued for the trial of all offenses hereunder. |
| LC005679/SUB A - Page 16 of 25 |
1 | (III) To carry firearms or other weapons, concealed or otherwise, in the course of, and in |
2 | performance of, their duties under this chapter. |
3 | (IV) To arrest without warrant and on view any person found violating any law, rule, or |
4 | regulation relating to the act; take that person before a court having jurisdiction for trial; detain that |
5 | person in custody at the expense of the state until arraignment; and to make and execute complaints |
6 | within any district to the justice or clerk of the court against any person for any of the offenses |
7 | enumerated under the act committed within the district. |
8 | (V) Boating safety enforcement officers shall not be required to give surety for costs upon |
9 | any complaint made by him or her. |
10 | (iii) The development and administration of a coordinated, safe boating program. |
11 | (iv) The establishment and enforcement of such rules and regulations as are deemed |
12 | necessary to achieve the purposes of the Model Safe Boating Act as approved by the state boating |
13 | law administrators. |
14 | (v) The state boating law administrator shall serve as the liaison to the United States Coast |
15 | Guard; and |
16 | (9) A division of marine fisheries management that shall carry out those functions of the |
17 | department relating to the administration, management, and harvest of marine animal and plant |
18 | species found in Rhode Island marine waters, including, but not limited to: stock assessments of |
19 | marine species; harvest of marine species regulated under a regional federal fisheries management |
20 | plan; the review of aquaculture applications before the CRMC; a commercial fishing licensing |
21 | program; fixing seasons, bag limits, size limits, possession limits, and methods of taking on any |
22 | marine plant and animal species; and such other related functions and duties as may be assigned by |
23 | the director. |
24 | SECTION 2. Sections 42-17.5-4 and 42-17.5-5 of the General Laws in Chapter 42-17.5 |
25 | entitled "Natural Heritage Preservation Program" are hereby amended to read as follows: |
26 | 42-17.5-4. Natural heritage preservation commission. |
27 | (a)(1) There is established within the department of environmental management the natural |
28 | heritage preservation commission consisting of the directors of the department of environmental |
29 | management (who shall be chairperson) and the governor's office of intergovernmental relations, |
30 | and the chief of the division of statewide planning, department of administration ten (10) members. |
31 | Nine (9) members shall be appointed by the governor, with advice and consent of the senate. No |
32 | less than three (3) commission members shall be environmental scientists. The commission shall |
33 | include representation from the Rhode Island Natural History Survey and the Old Growth Tree |
34 | Society. |
| LC005679/SUB A - Page 17 of 25 |
1 | (2) The members shall serve for terms of five (5) years each. |
2 | (3) Any vacancy occurring otherwise than by expiration of term shall be filled in the same |
3 | manner as the original appointment. |
4 | (4) Upon expiration of a member's term, that member shall continue as a member until that |
5 | member's successor is appointed and qualified. Any person serving a term shall be eligible for |
6 | appointment. |
7 | (b) No member shall receive compensation for the performance of his or her duties as a |
8 | member; provided, however, that each appointed member may be reimbursed if funds are |
9 | appropriated for his or her actual and necessary expenses incurred during the performance of his or |
10 | her official duties. |
11 | (c)(1) The commission shall designate annually from its members a chairperson and a vice |
12 | chairperson. |
13 | (2) Whenever public hearings are required under this chapter, or whenever the commission |
14 | determines a public hearing is appropriate, the commission shall use reasonable efforts to hold |
15 | those hearings at a place or places that will reasonably accommodate the interested parties. |
16 | (3) Six (6) voting members of the commission shall constitute a quorum for the transaction |
17 | of any business or the exercise of any power of the commission. Except as otherwise provided in |
18 | this chapter, the commission shall have the power to act by a majority of the members present at |
19 | any meeting at which a quorum is in attendance. |
20 | (d) A commission member may be removed for cause or misconduct in office only after |
21 | the majority of the commission members vote in favor of the removal, after giving him or her a |
22 | copy of the charges against him or her and an opportunity to be heard, in person or by counsel, in |
23 | his or her defense, upon not less than ten (10) days' notice. If any member shall be removed, the |
24 | chair or vice chair shall file in the office of the secretary of state a complete statement of charges |
25 | made against the member and his or her findings, together with a complete record of the |
26 | proceedings. |
27 | (e) The natural heritage preservation commission shall have the authority to establish |
28 | subcommittees to fulfill the purposes of the commission. |
29 | (f) The director of the department of environmental management, or designee, shall serve |
30 | ex officio. |
31 | 42-17.5-5. Powers and duties of commission. |
32 | (a) The commission shall have power to: |
33 | (1) The primary responsibility of the natural heritage preservation commission shall be the |
34 | preservation and management of the state's natural area preserves. The commission shall be able to |
| LC005679/SUB A - Page 18 of 25 |
1 | make any studies of conditions, activities, or problems of the state's natural area preserves needed |
2 | to carry out its responsibilities; |
3 | (2) Identify all of the state's old growth forests, rare forest ecosystems, and if possible, all |
4 | areas of most environmentally sensitive land and/or water containing habitat suitable for plant or |
5 | animal life or geological features of biological, scientific, educational, geological, paleontological, |
6 | or scenic value worthy of preservation in its natural condition, and so forth; |
7 | (1)(3) Conduct such hearings, examinations, and investigations as may be necessary and |
8 | appropriate to the conduct of its operations and the fulfillment of its responsibilities; |
9 | (2)(4) Obtain access to public records and apply for the process of subpoena, if necessary, |
10 | to produce books, papers, records, and other data; |
11 | (5) Retain by contract or employ counsel, auditors, engineers, appraisers, private |
12 | consultants and advisors, or other personnel needed to provide necessary services; |
13 | (6) Serving as the lead state agency and initial and primary point of contact for old growth |
14 | forests, rare forest ecosystems, and areas of most environmentally sensitive land and/or water |
15 | containing habitat suitable for plant or animal life or geological features of biological, scientific, |
16 | educational, geological, paleontological, or scenic value worthy of preservation in its natural |
17 | condition; |
18 | (7) The natural heritage preservation commission shall have exclusive jurisdiction over the |
19 | natural area preserves; |
20 | (8) The natural heritage preservation commission is authorized to formulate policies and |
21 | plans and to adopt regulations necessary to implement its protections of old growth forests, rare |
22 | forest ecosystems, and areas of most environmentally sensitive land and/or water containing habitat |
23 | suitable for plant or animal life or geological features of biological, scientific, educational, |
24 | geological, paleontological, or scenic value worthy of preservation in its natural condition in the |
25 | natural areas preserves. This shall include establishing a definition for old growth forests; |
26 | (3)(9) Set policies for the disbursement and repayment of loans from the natural heritage |
27 | preservation revolving fund; |
28 | (4)(10) Accept on behalf of the state, gifts, grants, or loans of funds, personal or real |
29 | property, or services from any source, public or private, and comply, subject to the provisions of |
30 | this chapter, with the terms and conditions thereof; and |
31 | (5)(11) Accept, from a federal agency, loans or grants for use in carrying out its purposes |
32 | and enter into agreement with the agency respecting any such loans or grants. |
33 | (b) The commission shall select from loan applicants those which meet all eligibility |
34 | criteria and which the commission deems to be the most worthy of financing and shall make loans |
| LC005679/SUB A - Page 19 of 25 |
1 | to such applicants. |
2 | (c) The commission, consistent with the Administrative Procedures Act, chapter 35 of this |
3 | title, shall: |
4 | (1) Develop criteria necessary for defining eligibility for loans; |
5 | (2) Prepare and adopt rules and regulating loan generation, disbursement, loan repayment, |
6 | and mortgage covenants; and |
7 | (3) Establish procedures consistent with the purposes of this chapter to insure the long term |
8 | preservation of irreplaceable open land resources and their passive recreational use by the public. |
9 | SECTION 3. The title of Chapter 42-122 of the General Laws entitled "Natural Areas |
10 | Protection Act of 1993" is hereby amended to read as follows: |
11 | CHAPTER 42-122 |
12 | Natural Areas Protection Act of 1993 |
13 | CHAPTER 42-122 |
14 | NATURAL AREAS PROTECTION ACT |
15 | SECTION 4. Sections 42-122-1, 42-122-3, 42-122-4, 42-122-5, 42-122-6 and 42-122-7 of |
16 | the General Laws in Chapter 42-122 entitled "Natural Areas Protection Act of 1993" are hereby |
17 | amended to read as follows: |
18 | 42-122-1. Title. |
19 | This chapter shall be titled the "Natural Areas Protection Act of 1993". |
20 | 42-122-3. Definitions. |
21 | As used in this chapter: |
22 | (1) "Director" means the director of the department of environmental management of the |
23 | state of Rhode Island "Forestry operation" means any cutting, timber harvesting, girdling, or any |
24 | alteration to a forest which is over one acre in size. |
25 | (2) "Natural area preserve" means areas of most environmentally sensitive land and/or |
26 | water containing habitat suitable for plant or animal life or geological features of biological, |
27 | scientific, educational, geological, paleontological, or scenic value worthy of preservation in its |
28 | natural condition which has been approved by the director natural heritage preservation |
29 | commission. |
30 | (3) "Natural heritage preservation commission" means the natural heritage preservation |
31 | commission established under § 42-17.5-4. |
32 | 42-122-4. System of natural area preserves. |
33 | The director natural heritage preservation commission shall establish a system of natural |
34 | area preserves and shall have the responsibility as set forth in this chapter for selection of all natural |
| LC005679/SUB A - Page 20 of 25 |
1 | area preserves within the system, and shall ensure that these preserves are maintained in as natural |
2 | and wild a state as is consistent with educational, scientific, biological, geological, paleontological, |
3 | and scenic purposes. The director natural heritage preservation commission shall ensure the use of |
4 | natural area preserves for research and other purposes consistent with the intent of this chapter. The |
5 | director natural heritage preservation commission may adopt regulations for establishing and |
6 | managing the natural area preserve system including, but not limited to, procedures for the adoption |
7 | and revision of a management plan for each designated natural area preserve. |
8 | 42-122-5. Procedure for designation of non-state owned land as a natural area |
9 | preserve. |
10 | (a) The director natural heritage preservation commission may approve non-state owned |
11 | land as a natural area preserve only upon the recommendation of the natural heritage preservation |
12 | commission (established under § 42-17.5-4) and only after a public hearing and upon notice. The |
13 | notice required under this section shall set forth a description of the proposed action, including a |
14 | description of the land to be offered, and the time and place of the hearing. The notice shall conform |
15 | to the requirements of § 42-35-1 et seq. |
16 | (b) The natural heritage preservation commission shall review requests from |
17 | municipalities, private land conservation organizations, and private landowners desiring |
18 | designation of a parcel of land as a natural area preserve, and make recommendations to the |
19 | director. Any request must include the written consent of the private landowner before any review |
20 | shall commence. In making recommendations designations, it shall be guided by the natural |
21 | heritage program and other relevant sources of information about critical environmental resources. |
22 | The natural heritage preservation commission may also, on its own initiative, make |
23 | recommendations for designation of areas to the director. |
24 | (c) To be designated a natural area preserve the property owner must voluntarily grant to |
25 | the state of Rhode Island a conservation easement, which shall include the reasons for the |
26 | designation, and prepare a management plan for the preserve that defines the methods by which the |
27 | educational, scientific, biological, geological, paleontological, and/or scenic purposes of the |
28 | designation shall be carried out. The conservation easement shall be recorded in the land evidence |
29 | records in the city or town where the parcel is located. |
30 | (d) In areas under the jurisdiction of the coastal resource management council (CRMC), |
31 | the director natural heritage preservation commission shall coordinate with the CRMC areas to be |
32 | proposed for inclusion within the program. |
33 | 42-122-6. Procedures for designation of state-owned land as a natural area preserve. |
34 | (a) A request for designation of state-owned land as a natural area preserve shall be made |
| LC005679/SUB A - Page 21 of 25 |
1 | to the director natural heritage preservation commission, that request specifying the area to be |
2 | designated, the reasons for the designation, the proposed management strategy necessary to protect |
3 | the critical environmental resources within the area, and the changes that would be required in |
4 | current management practices. The request for designation may be made by the director of any state |
5 | agency for any parcel of land under the agency's control, but this is not a requirement. The natural |
6 | heritage preservation commission shall review requests from private land conservation |
7 | organizations and private individuals desiring designation of a parcel of state-owned land as a |
8 | natural area preserve. |
9 | (b) The director natural heritage preservation commission may approve the designation of |
10 | state-owned land as a preserve only after consultation with the managing agency, and after a public |
11 | hearing. Notice requirements for the public hearing shall be the same as required under § 42-122- |
12 | 5(a). Before a preserve is designated, a management plan must be approved by the director and |
13 | adopted by the department managing the preserve natural heritage preservation commission. |
14 | 42-122-7. Designation as a natural area preserve. |
15 | An area designated as a natural area preserve is declared to be put to its highest, best and |
16 | most important use for public benefit and no interest in this preserve owned by the state shall be |
17 | alienated or put to any use other than as a natural area preserve, except upon a finding by the director |
18 | in consultation with the natural heritage preservation commission, that the qualifying features of |
19 | the land have been destroyed or irretrievably damaged and that the public purposes of the |
20 | designation have been utterly frustrated. |
21 | Any finding the director natural heritage preservation commission is required to make |
22 | under this section shall be made only after a public hearing and upon notice. The notice required |
23 | by this section shall set forth the substance of the proposed action and describe, with or without |
24 | legal description, the area affected and shall set forth the time and place of the hearing and shall be |
25 | published at least twice (2) a week for three (3) successive weeks before the hearing in a newspaper |
26 | published in the county where the property is located and in a newspaper with statewide |
27 | distribution. No finding, which the director natural heritage preservation commission is required to |
28 | make, shall be effective until the finding has been published. No action shall be taken by the state |
29 | pursuant to the finding prior to the expiration of sixty (60) days after the finding becomes effective. |
30 | During the sixty (60) day period, any finding may be appealed by any resident of this state in a suit |
31 | brought against the director natural heritage preservation commission in the superior court for the |
32 | judicial district of Providence. In any action, the court shall vacate the finding if it finds the director |
33 | natural heritage preservation commission acted arbitrarily or illegally in making the finding. During |
34 | the pendency of an appeal the state shall take no action pursuant to the findings of the director |
| LC005679/SUB A - Page 22 of 25 |
1 | natural heritage preservation commission. |
2 | SECTION 5. Chapter 42-122 of the General Laws entitled "Natural Areas Protection Act |
3 | of 1993" is hereby amended by adding thereto the following sections: |
4 | 42-122-8. Preservation of old growth forests and rare forest ecosystems. |
5 | (a) The general assembly recognizes that: |
6 | (1) Old growth forests are significant ecosystems where native trees and animals live. |
7 | (2) There are certain animals, insects, and birds that only live in old growth forests. |
8 | (3) There are also native tree species that might not come back if an old growth forest is |
9 | cut. |
10 | (4) More species live in old growth forests than second growth forests. |
11 | (5) Old growth forests are important carbon sinks storing more carbon than an average |
12 | Rhode Island forest, and if cut, would release its stored carbon into the atmosphere. |
13 | (6) Old growth forests are extremely rare, and once cut, might not come back for one |
14 | hundred (100) years or more. |
15 | (7) Rhode Island's old growth forests are at serious risk of being cut for development to |
16 | include, but not limited to, solar projects. |
17 | (8) It is a matter of public interest that old growth forests receive special consideration for |
18 | management purposes. |
19 | (9) It is a matter of public interest that old growth forests are to be untouched and left in |
20 | their perfect natural state. |
21 | (b) The natural heritage preservation commission shall be responsible for the protection of |
22 | Rhode Island's old growth forests and rare forest ecosystems, as well as the many native species |
23 | that live in these forests. In order to prevent the accidental destruction of old growth forests and |
24 | rare forest ecosystems on public land, before any forestry operations take place on state land, or |
25 | any land owned by the cities and towns in Rhode Island, the natural heritage preservation |
26 | commission must be notified of the forestry operation no less than two (2) months in advance and |
27 | given the opportunity to survey the site. All documents pertaining to the forestry operation must be |
28 | turned over to the natural heritage preservation commission at the same time as the initial notice. |
29 | If the natural heritage preservation commission determines an old growth forest or rare forest |
30 | ecosystem is found on the site planned for the forestry operation, the natural heritage preservation |
31 | commission has the authority to designate the site as a natural area preserve which would prohibit |
32 | the forestry operation from taking place. |
33 | (c) Before any state or municipally funded forestry operations take place on private land, |
34 | the natural heritage preservation commission must be notified of the forestry operation no less than |
| LC005679/SUB A - Page 23 of 25 |
1 | two (2) months in advance and given the opportunity to survey the site. All documents pertaining |
2 | to the forestry operation must be turned over to the natural heritage preservation commission at the |
3 | same time as the initial notice. If the natural heritage preservation commission determines an old |
4 | growth forest or rare forest ecosystem is found on the site planned for the forestry operation, the |
5 | natural heritage preservation commission has the authority to stop the forestry operation from |
6 | taking place. |
7 | (d) Any forestry operations on state land or any land owned by the cities and towns in |
8 | Rhode Island before the natural heritage preservation commission is notified about the forestry |
9 | operation or during the two (2) month period that the natural heritage preservation commission has |
10 | a chance to survey the site where the forestry operation is scheduled to take place is strictly |
11 | prohibited. |
12 | (e) Any forestry operations funded by the state or the cities and towns in Rhode Island on |
13 | private land before the natural heritage preservation commission is notified about the forestry |
14 | operation, or during the two (2) month period that the natural heritage preservation commission has |
15 | a chance to survey the site where the forestry operation is scheduled to take place, or after the site |
16 | is determined by the natural heritage preservation commission to contain an old growth forest or |
17 | rare forest ecosystem is strictly prohibited. |
18 | (f) Whenever any land is acquired by the state or any of its cities and towns, a survey shall |
19 | be conducted by the natural heritage preservation commission to identify the presence of any old |
20 | growth forests or rare forest ecosystems. No forestry operation shall be conducted until completion |
21 | of the survey pursuant to the provision in this section. |
22 | (g) Any forestry operations in the natural area preserves are strictly prohibited. |
23 | 42-122-9. Penalty for violations of § 42-122-8. |
24 | (a) Any person, firm or corporation violating the provisions of § 42-122-8, shall be |
25 | punished by a fine of not less than five thousand dollars ($5,000) for each offense. |
26 | (b) The natural heritage preservation commission has the authority to order anyone |
27 | convicted of violating § 42-122-8, or any governmental entity which the natural heritage |
28 | preservation commission determines violated § 42-122-8 to donate no less than three thousand |
29 | dollars ($3,000) to the natural heritage preservation revolving fund pursuant to § 42-17.5-3. |
30 | SECTION 6. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY" |
31 | is hereby amended by adding thereto the following chapter: |
32 | CHAPTER 28 |
33 | NATURAL HERITAGE PRESERVATION COMMISSION |
34 | 2-28-1. Natural heritage preservation commission. |
| LC005679/SUB A - Page 24 of 25 |
1 | No powers or duties granted in title 2, entitled "Agriculture and Forestry" herein shall be |
2 | construed to abrogate the powers or duties granted to the natural heritage preservation commission |
3 | under chapter 17.5 of title 42 and chapter 122 of title 42, as amended. |
4 | SECTION 7. This act shall take effect upon passage. |
======== | |
LC005679/SUB A | |
======== | |
| LC005679/SUB A - Page 25 of 25 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF | |
ENVIRONMENTAL MANAGEMENT | |
*** | |
1 | This act would amend the composition of the natural heritage preservation commission and |
2 | would separate the commission from the control of the department of environmental management |
3 | and would further provide that the commission be responsible for the preservation and management |
4 | of the state's natural area preserves. |
5 | This act would take effect upon passage. |
======== | |
LC005679/SUB A | |
======== | |
| LC005679/SUB A - Page 26 of 25 |