2022 -- S 2843 SUBSTITUTE A

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LC005679/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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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:

     SECTION 1. Sections 42-17.1-2 and 42-17.1-4 of the General Laws in Chapter 42-17.1

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

     42-17.1-2. Powers and duties.

     The director of environmental management shall have the following powers and duties:

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

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

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

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

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

agriculture and conservation, and in each of the divisions of the department, such as the promotion

of agriculture and animal husbandry in their several branches, including the inspection and

suppression of contagious diseases among animals; the regulation of the marketing of farm

products; the inspection of orchards and nurseries; the protection of trees and shrubs from injurious

insects and diseases; protection from forest fires; the inspection of apiaries and the suppression of

contagious diseases among bees; the prevention of the sale of adulterated or misbranded

agricultural seeds; promotion and encouragement of the work of farm bureaus, in cooperation with

the University of Rhode Island, farmers' institutes, and the various organizations established for the

purpose of developing an interest in agriculture; together with such other agencies and activities as

the governor and the general assembly may, from time to time, place under the control of the

department; and as heretofore vested by such of the following chapters and sections of the general

laws as are presently applicable to the department of environmental management and that were

previously applicable to the department of natural resources and the department of agriculture and

conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2

entitled "Agriculture and Forestry"; chapters 1 through 17, inclusive, as amended, in title 4 entitled

"Animals and Animal Husbandry"; chapters 1 through 19, inclusive, as amended, in title 20 entitled

"Fish and Wildlife"; chapters 1 through 32, inclusive, as amended, in title 21 entitled "Food and

Drugs"; chapter 7 of title 23, as amended, entitled "Mosquito Abatement"; and by any other general

or public law relating to the department of agriculture and conservation or to any of its divisions or

bureaus; no powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the natural heritage preservation commission under chapter 17.5 of title 42 and chapter

122 of title 42, as amended;

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

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

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

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

and recreation; no powers or duties granted herein shall be construed to abrogate the powers or

duties granted to the natural heritage preservation commission under chapter 17.5 of title 42 and

chapter 122 of title 42, as amended;

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

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

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

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

law relating to the division of harbors and rivers;

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

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

chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4, 5,

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

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

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

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

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

     (6) To cooperate with the Rhode Island commerce corporation in its planning and

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promotional functions, particularly in regard to those resources relating to agriculture, fisheries,

and recreation;

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

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

203 of the Public Laws, 1960;

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

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

limited;

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

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

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

and maintain a long-range guide plan and implementing program for development of major water-

sources transmission systems needed to furnish water to regional- and local-distribution systems;

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

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

department as the corporation shall reasonably require for its operation;

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

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

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

protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) Planning for the upland

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

pursuant to § 46-23-6(2); and (iv) Cooperating with the coastal resources management council in

the development and implementation of comprehensive programs for dredging as provided for in

§§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material management and disposal

sites in accordance with the protocols established pursuant to § 46-6.1-5(a)(3) and the

comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties granted herein

shall be construed to abrogate the powers or duties granted to the coastal resources management

council under chapter 23 of title 46, as amended;

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

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

disposal systems;

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

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

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

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

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

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

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

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

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

provide written notice of the same, which notice shall be similarly eligible for recordation. The

original written notice shall be forwarded to the city or town wherein the subject property is located

and the notice of satisfactory completion shall be recorded in the general index by the appropriate

municipal official in the land evidence records in the city or town wherein the subject property is

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

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

property within thirty (30) days after correction;

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

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

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

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

cumulative effects that could adversely affect public health and/or impair ecological functioning;

(ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate

in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable

to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private

and public wells, unless broader use is approved by the general assembly. The department shall

report to the general assembly not later than March 15, 2008, with regard to the development and

application of the standards and methods in Jamestown;

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

industrial-waste disposal sites, and waste-oil disposal sites;

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

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

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

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

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

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

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

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

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

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

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

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

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

investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to

enforce those rules, regulations, and orders. Any license suspended under the rules, regulations,

and/or orders shall be terminated and revoked if the conditions that led to the suspension are not

corrected to the satisfaction of the director within two (2) years; provided that written notice is

given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of

termination.

     Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a

contested licensing matter shall occur where resolution substantially deviates from the original

application unless all interested parties shall be notified of the proposed resolution and provided

with opportunity to comment upon the resolution pursuant to applicable law and any rules and

regulations established by the director;

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

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

provisions:

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

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

warrant is otherwise allowed or provided by law;

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

guidelines promulgated by the department in accordance with chapter 35 of this title;

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

following circumstances, in accordance with the applicable constitutional standards:

     (I) For closely regulated industries;

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

     (III) In emergency situations;

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

or welfare;

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

consents; or

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

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

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

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

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

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

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

to applications for administrative search warrants;

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

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

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

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

time, the court orders otherwise;

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

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

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

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

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

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

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

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

taken;

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

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

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

location is being inspected;

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

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

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

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

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

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

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

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

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

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pursuant to authority granted to him or her. Nothing in this chapter shall limit the authority of the

attorney general to prosecute offenders as required by law;

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

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

violation may be filed with the director within twenty (20) days after service of the notice. The

notice will be deemed properly served upon a person if a copy thereof is served him or her

personally; or sent by registered or certified mail to his or her last known address; or if he or she is

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

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

(20) days of the service of notice, the notice shall automatically become a compliance order;

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

regulation within his or her jurisdiction that requires immediate action to protect the environment,

he or she may, without prior notice of violation or hearing, issue an immediate-compliance order

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

order shall become effective immediately upon service or within such time as is specified by the

director in such order. No request for a hearing on an immediate-compliance order may be made;

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

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

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

     (iii) The director may, at his or her discretion and for the purposes of timely and effective

resolution and return to compliance, cite a person for alleged noncompliance through the issuance

of an expedited citation in accordance with § 42-17.6-3(c);

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

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

director within twenty (20) days of the service of notice of violation, the director shall set a time

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

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

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

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

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

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

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

order;

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

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

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

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

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

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

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

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

in addition to remedies relating to the removal or abatement of nuisances or any other remedies

provided by law;

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

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

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

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

certiorari;

     (22) To impose administrative penalties in accordance with the provisions of chapter 17.6

of this title and to direct that such penalties be paid into the account established by subdivision (26);

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

chapter:

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

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

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

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

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

having active and general supervision of the properties of the corporation; (iii) Service: (A)

     Service upon a corporation under this section shall be deemed to include service upon both

the corporation and upon the person having active and general supervision of the properties of the

corporation;

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

pursuant to subdivision (21)(i), service shall be deemed to be the date of receipt of such notice or

three (3) days from the date of mailing of the notice, whichever shall first occur;

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

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

as may be deemed necessary and in the public interest of the state of Rhode Island and to report

back its findings on an annual basis to the general assembly on or before March 1 of every year;

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

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

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

interest;

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

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

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

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

account created in the natural resources program for funds made available for that program's

purposes or in a restricted receipt account created in the environmental protection program for

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

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

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

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

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

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

areas, or other projects or programs that promote the accessibility of recreational opportunities for

Rhode Island residents and visitors;

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

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

funds;

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

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

department's responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to

inspections performed by the department to determine compliance with chapter 19.1 and rules and

regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections

performed by the department to determine compliance with chapter 18.9 and the rules and

regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of

title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant

to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and

administration of underground storage tanks and all other programs administered under chapter 12

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

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

Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury-

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added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all

enforcement, permitting and licensing matters to the administrative adjudication division for

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

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

decisions," a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies

from the administrative adjudication fees will be deposited as general revenues and the amounts

appropriated shall be used for the costs associated with operating the administrative adjudication

division.

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

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

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

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

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

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

system program and freshwater wetlands program will be deposited as general revenues and the

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

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

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

of the funds;

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

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

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

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

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

lands;

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

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

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

through other interests, rights, or devices such as conservation easements or restrictions, by private

and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each

document submitted by a land trust;

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

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

appropriated by the municipality. The term "private land trust" means any group of five (5) or more

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private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a

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

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

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

areas, or open space for the purpose of managing or maintaining, or causing to be managed or

maintained by others, the land, water, and other natural amenities in any undeveloped and relatively

natural state in perpetuity. A private land trust must be granted exemption from federal income tax

under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its

incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A

private land trust may not be incorporated for the exclusive purpose of acquiring or accepting

property or rights in property from a single individual, family, corporation, business, partnership,

or other entity. Membership in any private land trust must be open to any individual subscribing to

the purposes of the land trust and agreeing to abide by its rules and regulations including payment

of reasonable dues;

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

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

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

dissolution of the land trust;

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

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

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

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

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

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

and public land trust land holdings in Rhode Island;

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

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

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

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

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

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

the proper and continuous protection and management of land and interests or rights in land held

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

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

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

interests to the successor organization named in the defaulting trust's bylaws or articles of

association or to another organization created for the same or similar purposes. Should such a

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

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

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

accruing to the state under such circumstances will be held and managed as a separate fund for the

benefit of the designated trust lands;

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

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

for taking corrective action and compensating third parties for bodily injury and property damage

caused by sudden and non-sudden accidental releases arising from operating underground storage

tanks;

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

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

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

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

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

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

town wherein the subject facility is located, and the order or notice shall be recorded in the general

index by the appropriate municipal officer in the land-evidence records in the city or town wherein

the subject facility is located. Any subsequent transferee of that facility shall be responsible for

complying with the requirements of the order or notice. Upon satisfactory completion of the

requirements of the order or notice, the director shall provide written notice of the same, which

notice shall be eligible for recordation. The original, written notice shall be forwarded to the city

or town wherein the subject facility is located, and the notice of satisfactory completion shall be

recorded in the general index by the appropriate municipal official in the land-evidence records in

the city or town wherein the subject facility is located. A copy of the written notice shall be

forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any

event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction;

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

accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank

Financial Responsibility Act, as amended;

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

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

in gathering and maintaining data on Rhode Island natural history; making public presentations and

reports on natural history topics; ranking species and natural communities; monitoring rare species

and communities; consulting on open-space acquisitions and management plans; reviewing

proposed federal and state actions and regulations with regard to their potential impact on natural

communities; and seeking outside funding for wildlife management, land management, and

research;

     (34) To promote the effective stewardship of lakes, ponds, rivers, and streams including,

but not limited to, collaboration with watershed organizations and associations of lakefront property

owners on planning and management actions that will prevent and mitigate water quality

degradation, reduce the loss of native habitat due to infestation of non-native species, abate

nuisance conditions that result from excessive growth of algal or non-native plant species as well

as promote healthy freshwater riverine ecosystems;

     (35) In implementing the programs established pursuant to this chapter, to identify critical

areas for improving service to customers doing business with the department, and to develop and

implement strategies to improve performance and effectiveness in those areas. Key aspects of a

customer-service program shall include, but not necessarily be limited to, the following

components:

     (i) Maintenance of an organizational unit within the department with the express purpose

of providing technical assistance to customers and helping customers comply with environmental

regulations and requirements;

     (ii) Maintenance of an employee-training program to promote customer service across the

department;

     (iii) Implementation of a continuous business process evaluation and improvement effort,

including process reviews to encourage development of quality proposals; ensure timely and

predictable reviews; and result in effective decisions and consistent follow up and implementation

throughout the department; and publish an annual report on such efforts;

     (iv) Creation of a centralized location for the acceptance of permit applications and other

submissions to the department;

     (v) Maintenance of a process to promote, organize, and facilitate meetings prior to the

submission of applications or other proposals in order to inform the applicant on options and

opportunities to minimize environmental impact; improve the potential for sustainable

environmental compliance; and support an effective and efficient review and decision-making

process on permit applications related to the proposed project;

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     (vi) Development of single permits under multiple authorities otherwise provided in state

law to support comprehensive and coordinated reviews of proposed projects. The director may

address and resolve conflicting or redundant process requirements in order to achieve an effective

and efficient review process that meets environmental objectives; and

     (vii) Exploration of the use of performance-based regulations coupled with adequate

inspection and oversight, as an alternative to requiring applications or submissions for approval

prior to initiation of projects. The department shall work with the office of regulatory reform to

evaluate the potential for adopting alternative compliance approaches and provide a report to the

governor and the general assembly by May 1, 2015;

     (36) To formulate and promulgate regulations requiring any dock or pier longer than twenty

feet (20') and located on a freshwater lake or pond to be equipped with reflective materials, on all

sides facing the water, of an appropriate width and luminosity such that it can be seen by operators

of watercraft; and

     (37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel

additive required or regulated by the department if the director finds that:

     (i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the

New England region that prevent the distribution of an adequate supply of the fuel or fuel additive

to consumers;

     (ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural

disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not

reasonably have been foreseen; and

     (iii) It is in the public interest to grant the waiver.

     Any temporary waiver shall be made in writing and shall be effective for twenty (20)

calendar days; provided, that the director may renew the temporary waiver, in writing, if it is

deemed necessary.

     42-17.1-4. Divisions within department.

     Within the department of environmental management there are established the following

divisions:

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

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

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

other functions and duties as may, from time to time, be assigned by the director; no powers or

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

heritage preservation commission under chapter 17.5 of title 42 and chapter 122 of title 42, as

LC005679/SUB A - Page 14 of 25

amended;

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

department relating to the administration and management of hunting and freshwater fishing; the

preservation of wetlands, marsh lands, freshwater lakes, streams, ponds, and wildlife; and such

other related functions and duties as may be assigned by the director; no powers or duties granted

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

preservation commission under chapter 17.5 of title 42 and chapter 122 of title 42, as amended;

     (3) A division of agriculture that shall carry out those functions of the department relating

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

director, including, but not limited to, plant industry, farm viability, marketing and promotion,

farmland ecology and protection, plant and animal health and quarantine, pesticides, mosquito

abatement, pest survey and response, food policy and security, and, in collaboration with the

department of health, public health as it relates to farm production and direct marketing of farm

products, and those agreed upon through memorandum of agreement with the department of health

or other state agencies. The department of health shall continue to act as the lead agency for all

public health issues in the state pursuant to chapter 1 of title 23. Nothing herein contained shall

limit the department of health's statutory authority, nor shall any provision herein be construed as

a limitation upon the statutory authority of the department of health granted to the department under

title 23, nor shall any provision herein be construed to limit the authority of the department of

environmental management to enter into memoranda of agreement with any governmental agency.

The chief of the division of agriculture shall report directly to the director; no powers or duties

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

preservation commission under chapter 17.5 of title 42 and chapter 122 of title 42, as amended;

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

relating to harbors and harbor lines, pilotage, flood control, shore development, construction of port

facilities, and the registration of boats and such other functions and duties as may, from time to

time, be assigned by the director, except that the division shall not be responsible for the functions

of inspection of dams and reservoirs, approving plans for construction or improvement of dams,

reservoirs, and other structures in non-tidal waters, and the operation of stream-gauging stations in

cooperation with the United States Geological Survey, and provided, further, that the division and

its staff shall be responsible through the director of environmental management to the coastal

resources management council, and the chief and the staff of the division shall serve as staff to the

council;

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

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

other studies, as the director may direct, and that shall work with the Rhode Island board of

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

information and education relating to natural resources, and shall perform the publication and

public relations functions of the department, the functions of inspection of dams and reservoirs,

approving plans for construction or improvement of dams, reservoirs, and other structures in non-

tidal waters, and the operation of stream-gauging stations in cooperation with the United States

Geological Survey;

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

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

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

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

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

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

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

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

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

such other functions and duties as may, from time to time, be assigned by the director; no powers

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

heritage preservation commission under chapter 17.5 of title 42 and chapter 122 of title 42, as

amended;

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

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

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

State Boating Law Administrators.

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

boating law administrator whose duties shall include:

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

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

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

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

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

relating to the act.

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

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

performance of, their duties under this chapter.

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

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

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

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

enumerated under the act committed within the district.

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

any complaint made by him or her.

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

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

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

law administrators.

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

Guard; and

     (9) A division of marine fisheries management that shall carry out those functions of the

department relating to the administration, management, and harvest of marine animal and plant

species found in Rhode Island marine waters, including, but not limited to: stock assessments of

marine species; harvest of marine species regulated under a regional federal fisheries management

plan; the review of aquaculture applications before the CRMC; a commercial fishing licensing

program; fixing seasons, bag limits, size limits, possession limits, and methods of taking on any

marine plant and animal species; and such other related functions and duties as may be assigned by

the director.

     SECTION 2. Sections 42-17.5-4 and 42-17.5-5 of the General Laws in Chapter 42-17.5

entitled "Natural Heritage Preservation Program" are hereby amended to read as follows:

     42-17.5-4. Natural heritage preservation commission.

     (a)(1) There is established within the department of environmental management the natural

heritage preservation commission consisting of the directors of the department of environmental

management (who shall be chairperson) and the governor's office of intergovernmental relations,

and the chief of the division of statewide planning, department of administration ten (10) members.

Nine (9) members shall be appointed by the governor, with advice and consent of the senate. No

less than three (3) commission members shall be environmental scientists. The commission shall

include representation from the Rhode Island Natural History Survey and the Old Growth Tree

Society.

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     (2) The members shall serve for terms of five (5) years each.

     (3) Any vacancy occurring otherwise than by expiration of term shall be filled in the same

manner as the original appointment.

     (4) Upon expiration of a member's term, that member shall continue as a member until that

member's successor is appointed and qualified. Any person serving a term shall be eligible for

appointment.

     (b) No member shall receive compensation for the performance of his or her duties as a

member; provided, however, that each appointed member may be reimbursed if funds are

appropriated for his or her actual and necessary expenses incurred during the performance of his or

her official duties.

     (c)(1) The commission shall designate annually from its members a chairperson and a vice

chairperson.

     (2) Whenever public hearings are required under this chapter, or whenever the commission

determines a public hearing is appropriate, the commission shall use reasonable efforts to hold

those hearings at a place or places that will reasonably accommodate the interested parties.

     (3) Six (6) voting members of the commission shall constitute a quorum for the transaction

of any business or the exercise of any power of the commission. Except as otherwise provided in

this chapter, the commission shall have the power to act by a majority of the members present at

any meeting at which a quorum is in attendance.

     (d) A commission member may be removed for cause or misconduct in office only after

the majority of the commission members vote in favor of the removal, after giving him or her a

copy of the charges against him or her and an opportunity to be heard, in person or by counsel, in

his or her defense, upon not less than ten (10) days' notice. If any member shall be removed, the

chair or vice chair shall file in the office of the secretary of state a complete statement of charges

made against the member and his or her findings, together with a complete record of the

proceedings.

     (e) The natural heritage preservation commission shall have the authority to establish

subcommittees to fulfill the purposes of the commission.

     (f) The director of the department of environmental management, or designee, shall serve

ex officio.

     42-17.5-5. Powers and duties of commission.

     (a) The commission shall have power to:

     (1) The primary responsibility of the natural heritage preservation commission shall be the

preservation and management of the state's natural area preserves. The commission shall be able to

LC005679/SUB A - Page 18 of 25

make any studies of conditions, activities, or problems of the state's natural area preserves needed

to carry out its responsibilities;

     (2) Identify all of the state's old growth forests, rare forest ecosystems, and if possible, all

areas of most environmentally sensitive land and/or water containing habitat suitable for plant or

animal life or geological features of biological, scientific, educational, geological, paleontological,

or scenic value worthy of preservation in its natural condition, and so forth;

     (1)(3) Conduct such hearings, examinations, and investigations as may be necessary and

appropriate to the conduct of its operations and the fulfillment of its responsibilities;

     (2)(4) Obtain access to public records and apply for the process of subpoena, if necessary,

to produce books, papers, records, and other data;

     (5) Retain by contract or employ counsel, auditors, engineers, appraisers, private

consultants and advisors, or other personnel needed to provide necessary services;

     (6) Serving as the lead state agency and initial and primary point of contact for old growth

forests, rare forest ecosystems, and areas of most environmentally sensitive land and/or water

containing habitat suitable for plant or animal life or geological features of biological, scientific,

educational, geological, paleontological, or scenic value worthy of preservation in its natural

condition;

     (7) The natural heritage preservation commission shall have exclusive jurisdiction over the

natural area preserves;

     (8) The natural heritage preservation commission is authorized to formulate policies and

plans and to adopt regulations necessary to implement its protections of old growth forests, rare

forest ecosystems, and areas of most environmentally sensitive land and/or water containing habitat

suitable for plant or animal life or geological features of biological, scientific, educational,

geological, paleontological, or scenic value worthy of preservation in its natural condition in the

natural areas preserves. This shall include establishing a definition for old growth forests;

     (3)(9) Set policies for the disbursement and repayment of loans from the natural heritage

preservation revolving fund;

     (4)(10) Accept on behalf of the state, gifts, grants, or loans of funds, personal or real

property, or services from any source, public or private, and comply, subject to the provisions of

this chapter, with the terms and conditions thereof; and

     (5)(11) Accept, from a federal agency, loans or grants for use in carrying out its purposes

and enter into agreement with the agency respecting any such loans or grants.

     (b) The commission shall select from loan applicants those which meet all eligibility

criteria and which the commission deems to be the most worthy of financing and shall make loans

LC005679/SUB A - Page 19 of 25

to such applicants.

     (c) The commission, consistent with the Administrative Procedures Act, chapter 35 of this

title, shall:

     (1) Develop criteria necessary for defining eligibility for loans;

     (2) Prepare and adopt rules and regulating loan generation, disbursement, loan repayment,

and mortgage covenants; and

     (3) Establish procedures consistent with the purposes of this chapter to insure the long term

preservation of irreplaceable open land resources and their passive recreational use by the public.

     SECTION 3. The title of Chapter 42-122 of the General Laws entitled "Natural Areas

Protection Act of 1993" is hereby amended to read as follows:

CHAPTER 42-122

Natural Areas Protection Act of 1993

CHAPTER 42-122

NATURAL AREAS PROTECTION ACT

     SECTION 4. Sections 42-122-1, 42-122-3, 42-122-4, 42-122-5, 42-122-6 and 42-122-7 of

the General Laws in Chapter 42-122 entitled "Natural Areas Protection Act of 1993" are hereby

amended to read as follows:

     42-122-1. Title.

     This chapter shall be titled the "Natural Areas Protection Act of 1993".

     42-122-3. Definitions.

     As used in this chapter:

     (1) "Director" means the director of the department of environmental management of the

state of Rhode Island "Forestry operation" means any cutting, timber harvesting, girdling, or any

alteration to a forest which is over one acre in size.

     (2) "Natural area preserve" means areas of most environmentally sensitive land and/or

water containing habitat suitable for plant or animal life or geological features of biological,

scientific, educational, geological, paleontological, or scenic value worthy of preservation in its

natural condition which has been approved by the director natural heritage preservation

commission.

     (3) "Natural heritage preservation commission" means the natural heritage preservation

commission established under § 42-17.5-4.

     42-122-4. System of natural area preserves.

     The director natural heritage preservation commission shall establish a system of natural

area preserves and shall have the responsibility as set forth in this chapter for selection of all natural

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area preserves within the system, and shall ensure that these preserves are maintained in as natural

and wild a state as is consistent with educational, scientific, biological, geological, paleontological,

and scenic purposes. The director natural heritage preservation commission shall ensure the use of

natural area preserves for research and other purposes consistent with the intent of this chapter. The

director natural heritage preservation commission may adopt regulations for establishing and

managing the natural area preserve system including, but not limited to, procedures for the adoption

and revision of a management plan for each designated natural area preserve.

     42-122-5. Procedure for designation of non-state owned land as a natural area

preserve.

     (a) The director natural heritage preservation commission may approve non-state owned

land as a natural area preserve only upon the recommendation of the natural heritage preservation

commission (established under § 42-17.5-4) and only after a public hearing and upon notice. The

notice required under this section shall set forth a description of the proposed action, including a

description of the land to be offered, and the time and place of the hearing. The notice shall conform

to the requirements of § 42-35-1 et seq.

     (b) The natural heritage preservation commission shall review requests from

municipalities, private land conservation organizations, and private landowners desiring

designation of a parcel of land as a natural area preserve, and make recommendations to the

director. Any request must include the written consent of the private landowner before any review

shall commence. In making recommendations designations, it shall be guided by the natural

heritage program and other relevant sources of information about critical environmental resources.

The natural heritage preservation commission may also, on its own initiative, make

recommendations for designation of areas to the director.

     (c) To be designated a natural area preserve the property owner must voluntarily grant to

the state of Rhode Island a conservation easement, which shall include the reasons for the

designation, and prepare a management plan for the preserve that defines the methods by which the

educational, scientific, biological, geological, paleontological, and/or scenic purposes of the

designation shall be carried out. The conservation easement shall be recorded in the land evidence

records in the city or town where the parcel is located.

     (d) In areas under the jurisdiction of the coastal resource management council (CRMC),

the director natural heritage preservation commission shall coordinate with the CRMC areas to be

proposed for inclusion within the program.

     42-122-6. Procedures for designation of state-owned land as a natural area preserve.

     (a) A request for designation of state-owned land as a natural area preserve shall be made

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to the director natural heritage preservation commission, that request specifying the area to be

designated, the reasons for the designation, the proposed management strategy necessary to protect

the critical environmental resources within the area, and the changes that would be required in

current management practices. The request for designation may be made by the director of any state

agency for any parcel of land under the agency's control, but this is not a requirement. The natural

heritage preservation commission shall review requests from private land conservation

organizations and private individuals desiring designation of a parcel of state-owned land as a

natural area preserve.

     (b) The director natural heritage preservation commission may approve the designation of

state-owned land as a preserve only after consultation with the managing agency, and after a public

hearing. Notice requirements for the public hearing shall be the same as required under § 42-122-

5(a). Before a preserve is designated, a management plan must be approved by the director and

adopted by the department managing the preserve natural heritage preservation commission.

     42-122-7. Designation as a natural area preserve.

     An area designated as a natural area preserve is declared to be put to its highest, best and

most important use for public benefit and no interest in this preserve owned by the state shall be

alienated or put to any use other than as a natural area preserve, except upon a finding by the director

in consultation with the natural heritage preservation commission, that the qualifying features of

the land have been destroyed or irretrievably damaged and that the public purposes of the

designation have been utterly frustrated.

     Any finding the director natural heritage preservation commission is required to make

under this section shall be made only after a public hearing and upon notice. The notice required

by this section shall set forth the substance of the proposed action and describe, with or without

legal description, the area affected and shall set forth the time and place of the hearing and shall be

published at least twice (2) a week for three (3) successive weeks before the hearing in a newspaper

published in the county where the property is located and in a newspaper with statewide

distribution. No finding, which the director natural heritage preservation commission is required to

make, shall be effective until the finding has been published. No action shall be taken by the state

pursuant to the finding prior to the expiration of sixty (60) days after the finding becomes effective.

During the sixty (60) day period, any finding may be appealed by any resident of this state in a suit

brought against the director natural heritage preservation commission in the superior court for the

judicial district of Providence. In any action, the court shall vacate the finding if it finds the director

natural heritage preservation commission acted arbitrarily or illegally in making the finding. During

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

natural heritage preservation commission.

     SECTION 5. Chapter 42-122 of the General Laws entitled "Natural Areas Protection Act

of 1993" is hereby amended by adding thereto the following sections:

     42-122-8. Preservation of old growth forests and rare forest ecosystems.

     (a) The general assembly recognizes that:

     (1) Old growth forests are significant ecosystems where native trees and animals live.

     (2) There are certain animals, insects, and birds that only live in old growth forests.

     (3) There are also native tree species that might not come back if an old growth forest is

cut.

     (4) More species live in old growth forests than second growth forests.

     (5) Old growth forests are important carbon sinks storing more carbon than an average

Rhode Island forest, and if cut, would release its stored carbon into the atmosphere.

     (6) Old growth forests are extremely rare, and once cut, might not come back for one

hundred (100) years or more.

     (7) Rhode Island's old growth forests are at serious risk of being cut for development to

include, but not limited to, solar projects.

     (8) It is a matter of public interest that old growth forests receive special consideration for

management purposes.

     (9) It is a matter of public interest that old growth forests are to be untouched and left in

their perfect natural state.

     (b) The natural heritage preservation commission shall be responsible for the protection of

Rhode Island's old growth forests and rare forest ecosystems, as well as the many native species

that live in these forests. In order to prevent the accidental destruction of old growth forests and

rare forest ecosystems on public land, before any forestry operations take place on state land, or

any land owned by the cities and towns in Rhode Island, the natural heritage preservation

commission must be notified of the forestry operation no less than two (2) months in advance and

given the opportunity to survey the site. All documents pertaining to the forestry operation must be

turned over to the natural heritage preservation commission at the same time as the initial notice.

If the natural heritage preservation commission determines an old growth forest or rare forest

ecosystem is found on the site planned for the forestry operation, the natural heritage preservation

commission has the authority to designate the site as a natural area preserve which would prohibit

the forestry operation from taking place.

     (c) Before any state or municipally funded forestry operations take place on private land,

the natural heritage preservation commission must be notified of the forestry operation no less than

LC005679/SUB A - Page 23 of 25

two (2) months in advance and given the opportunity to survey the site. All documents pertaining

to the forestry operation must be turned over to the natural heritage preservation commission at the

same time as the initial notice. If the natural heritage preservation commission determines an old

growth forest or rare forest ecosystem is found on the site planned for the forestry operation, the

natural heritage preservation commission has the authority to stop the forestry operation from

taking place.

     (d) Any forestry operations on state land or any land owned by the cities and towns in

Rhode Island before the natural heritage preservation commission is notified about the forestry

operation or during the two (2) month period that the natural heritage preservation commission has

a chance to survey the site where the forestry operation is scheduled to take place is strictly

prohibited.

     (e) Any forestry operations funded by the state or the cities and towns in Rhode Island on

private land before the natural heritage preservation commission is notified about the forestry

operation, or during the two (2) month period that the natural heritage preservation commission has

a chance to survey the site where the forestry operation is scheduled to take place, or after the site

is determined by the natural heritage preservation commission to contain an old growth forest or

rare forest ecosystem is strictly prohibited.

     (f) Whenever any land is acquired by the state or any of its cities and towns, a survey shall

be conducted by the natural heritage preservation commission to identify the presence of any old

growth forests or rare forest ecosystems. No forestry operation shall be conducted until completion

of the survey pursuant to the provision in this section.

     (g) Any forestry operations in the natural area preserves are strictly prohibited.

     42-122-9. Penalty for violations of § 42-122-8.

     (a) Any person, firm or corporation violating the provisions of § 42-122-8, shall be

punished by a fine of not less than five thousand dollars ($5,000) for each offense.

     (b) The natural heritage preservation commission has the authority to order anyone

convicted of violating § 42-122-8, or any governmental entity which the natural heritage

preservation commission determines violated § 42-122-8 to donate no less than three thousand

dollars ($3,000) to the natural heritage preservation revolving fund pursuant to § 42-17.5-3.

     SECTION 6. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

is hereby amended by adding thereto the following chapter:

CHAPTER 28

NATURAL HERITAGE PRESERVATION COMMISSION

     2-28-1. Natural heritage preservation commission.

LC005679/SUB A - Page 24 of 25

     No powers or duties granted in title 2, entitled "Agriculture and Forestry" herein shall be

construed to abrogate the powers or duties granted to the natural heritage preservation commission

under chapter 17.5 of title 42 and chapter 122 of title 42, as amended.

     SECTION 7. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

***

     This act would amend the composition of the natural heritage preservation commission and

would separate the commission from the control of the department of environmental management

and would further provide that the commission be responsible for the preservation and management

of the state's natural area preserves.

     This act would take effect upon passage.

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