Chapter 159
2004 --
S 3026 SUBSTITUTE A
Enacted
06/26/04
A N A C T
RELATING
TO WATERS AND NAVIGATION
Introduced
By: Senators Sosnowski, Lenihan, Roberts, Walaska, and Gibbs
Date
Introduced: April 07, 2004
It is
enacted by the General Assembly as follows:
SECTION
1. Chapter 42-17.1 of the General Laws entitled "Department of
Environmental
Management" is hereby amended by adding thereto the following section:
42-17.1-2.3.
Watershed-based management. – In order to accomplish the duties and
responsibilities
for the protection, development, planning and utilization of the natural
resources
of
the state, the director is authorized:
(a)
to plan, coordinate, integrate, manage, exercise and/or implement the powers
set forth
in
this chapter on a watershed basis for the purposes of preserving and/or
improving ecosystem
functionality,
protecting public health, safety and welfare, and providing for the use of
natural
resources,
including for recreational and agricultural purposes;
(b)
to work in conjunction with the Rhode Island Rivers Council and in cooperation
with
federal,
interstate, state, local and private agencies and community organizations and
watershed
groups
and associations and persons to effectuate watershed-based management, as
appropriate
and
desirable; and
(c)
to coordinate and administer the activities of the department to achieve the
purposes
of
systems level planning by the state.
SECTION
2. Sections 46-15-1, 46-15-18 and 46-15-22 of the General Laws in Chapter
46-15
entitled "Water Resources Board" are hereby amended to read as
follows:
46-15-1.
Legislative declaration. -- The general assembly hereby finds and
declares that:
(1) The state of Rhode Island and Providence Plantations has been endowed with
many
and
abundant sources of water supplies located advantageously, for the most part,
throughout the
state.
The proper development, protection, conservation, and use of these water
resources are
essential
to the health, safety, and welfare of the general public, and to the continued
growth and
economic
development of the state;
(2) In recent years it has become increasingly apparent that water supply
management,
protection,
development, and use must be fully integrated into all statewide planning,
and rivers
and
watershed planning and management processes, and that the allocation of the
state's water
resources
to all users, purposes, and functions, including water to sustain our natural
river and
stream
systems and natural biotic communities, must be equitably decided and
implemented
under
a process which emphasizes efficiency of use and management, minimization of
waste,
protection
of existing supplies, demand management, drought management, conservation, and
all
other
techniques to ensure that our water resources serve the people of Rhode Island
for the
longest
time, in the most efficient use, and in an environmentally sound manner;
(3) The character and extent of the problems of water resource development,
utilization,
and
control, and the widespread and complex interests which they affect, demand
action by the
government
of the state of Rhode Island in order to deal with these problems in a manner
which
adequately
protects the general welfare of all the citizens of the state;
(4) In order to retain and encourage the expansion of our present industries,
and to attract
new
industries, and to promote the proper growth and desirable economic growth of the
entire
state,
and to sustain the viability of water resource-dependent natural systems,
agriculture, and
recreation, state government must
play an active role in fostering and guiding the management of
water
resources; and
(5) There are state and municipal departments, special districts, private
firms, and other
agencies
in the state who have capabilities and experience in the design, construction,
operation,
and
financing of water supply and transmission facilities, which capabilities and experience
must
be
brought to bear on the total problem of water resources development in a
coordinated manner
if
the proper development, conservation, apportionment, and use of the water
resources of the
state
are to be realized.; and
(6) It shall be the duty of the water resources board to regulate the proper
development,
protection,
conservation and use of the water resources of the state.
46-15-18.
Relations with other governmental bodies and agencies. -- In order to
adequately
protect the interests of the state in its water resources, the water resources
board is
hereby
authorized to:
(1) Cooperate with the appropriate agencies of the federal government, of the
state or
other
states, or any interstate bureau, group, division, or agency with respect to
the use of ground
and
surface waters, which are without or wholly or partially contained within this
state, and to
endeavor
to harmonize any conflicting claims which may arise therefrom.
(2) Appear, represent, and act for the state in respect to any proceeding
before either a
federal
or state governmental body or agency where the water resources of the state may
be
affected,
and may do and perform such acts in connection therewith as it deems proper to
protect
the
interests of the state.
(3) Present for the consideration of the congress or officers of the federal
government, as
occasion
requires, the just rights of the state in relation to its waters, and institute
and prosecute
appropriate
actions and proceedings to secure those rights, and defend any action or
proceeding
calculated
to impair those rights.
(4)
Facilitate, encourage and support water resources management on a watershed
basis,
in
a manner that supports systems level planning.
46-15-22.
Transfer of powers and functions to the water resources board. -- There
are
hereby transferred to the water resources board:
(1) Those functions of the department of administration which were administered
through
or with respect to board programs in the performance of strategic planning as
defined in
section
42-11-10(c); and
(2) All officers, employees, agencies, advisory councils, committees,
commissions, and
task
forces who were performing strategic planning functions as defined in section 42-11-10(c).;
and
(3)
Those duties and functions of the statewide planning program for support to the
Rhode
Island Rivers Council.
SECTION
3. Chapter 46-15.1 of the General Laws entitled "Water Supply
Facilities" is
hereby
amended by adding thereto the following section:
46-15.1-5.1.
Powers in support of the Rhode Island Rivers Council. – Upon the
request
of the Rhode Island Rivers Council, the board may exercise any powers set forth
in
section
46-15.1-5 on behalf of the Rhode Island Rivers Council in order to accomplish
the
purposes
of the council.
SECTION
4. Sections 46-28-2, 46-28-4, 46-28-5, 46-28-7, 46-28-7.1, 46-28-8, 46-28-9
and
46-28-10 of the General Laws in Chapter 46-28 entitled "The Rhode Island
Rivers Council"
are
hereby amended to read as follows:
46-28-2.
Legislative findings and declaration of public policy. -- (a) Unlike
many other
states,
Rhode Island does not have an affirmative, clearly articulated program to
manage and
protect
its rivers and watershed resources. State jurisdiction over rivers,
environmentally,
culturally,
and economically is scattered among various state agencies, and in some
instances,
state
policies and plans are conflicting. Rhode Island needs an affirmative, clearly
articulated
program
to plan for, manage and protect its rivers and watershed resources on an
integrated, inter-
agency
basis, that supports systems level planning.
(b) Many of the rivers of Rhode Island or sections thereof and related adjacent
land
possess
outstanding aesthetic and recreational value of present and potential benefit
to the citizens
of
this state. The preservation and protection of these rivers and their immediate
environment
together
with their significant recreational, natural and cultural value is hereby
declared to be a
public
policy. It shall be the policy of the state of Rhode Island to protect these
values and to
practice
sound conservation policies and practices relative thereto. It is also
recognized that it is
in the
public interest to:
(1) Preserve open space, natural resources and features, and scenic landscapes;
(2) Preserve cultural and historic landscapes and features;
(3) Preserve opportunities for recreational use of rivers;
(4) Encourage the establishment of greenways, which link open spaces together;
(5) Establish a rivers policy consistent with the Rhode Island Comprehensive
Planning
and
Land Use Regulation Act, chapter 22.2 of title 45 as set forth in section
45-22.2-3(c); and
(6) Continue the regional and comprehensive planning activities for rivers,
water quality,
and
land use conducted by the Rhode Island department of environmental management
and the
Rhode
Island department of administration.; and
(7)
Utilize the rivers policy and classification plan and other relevant elements
of the state
guide
plan, plans and programs of state and federal agencies, and watershed action
plans to
coordinate
the activities of the public and private sectors so as to achieve the
objectives of this
section.
(c) It is, therefore, essential that a Rhode Island policy be developed so that
these
purposes
may be fulfilled. The general assembly affirms that it must assure the people
of this
generation
and their descendents the opportunity to appreciate aesthetic and utilize the
recreational
qualities and resources of the state's streams and rivers. To implement these
policies
is
the purpose of this chapter and in furtherance thereof to establish the Rhode
Island rivers
council Rivers Council
which will coordinate and oversee the clean up and preservation of the
quality
of rivers in Rhode Island.
46-28-4.
Establishment of council -- Purpose. -- There is hereby authorized,
created,
and
established within the state of Rhode Island department of administration,
division of
planning as an associated
function of the water resources board, established pursuant to chapters
46-15
and 46-15.1,
a Rhode Island rivers council Rivers Council known as "the
Rhode Island
rivers
council
Rivers Council," with such powers as are set forth in this chapter,
for the purposes
of
coordinating, overseeing, and reviewing efforts to improve and preserve the
quality of rivers
and
to develop plans to increase the utilization of river areas throughout the
state., and to support
and
strengthen grassroots watershed organizations as local implementers of the
plans. The rivers
policy
and classification plan prepared and recommended as provided for in subsection
46-28-
7(3)
and as adopted by the state planning council shall be the principal means of
management and
protection
by the Rivers Council. The Rivers Council shall work in conjunction with
watershed
councils
and all affected federal, regional and state agencies, including, but not
limited to, the
water
resources board, the coastal resources management council, the department of
environmental
management, the department of health, the statewide planning program of the
department
of administration, and the economic development corporation, municipal
governments,
private organizations and persons in achieving the purposes set forth in this
section,
and
implementing systems level planning for the state.
46-28-5.
Council created -- Appointment of members. -- Such Effective
until
ratification
of a constitutional amendment entitled "JOINT RESOLUTION TO APPROVE AND
PUBLISH
AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO
THE
CONSTITUTION OF THE STATE (SEPARATION OF POWERS)," such council shall
consist
of fifteen (15) members to be appointed in the following manner:
(1) Three (3) members shall represent the public and shall be appointed by the
governor;
three
(3) members shall be appointed by the lieutenant governor; three (3) members
shall be
appointed
by the speaker of the house of representatives as herein provided, at least one
of whom
shall
be a member of the house, provided however that if more than one member of the
house is
appointed
at least one member shall be from the minority party; two (2) members shall be
appointed
by the president of the senate as herein provided, at least one of whom shall
be a
member
of the senate, provided, however not more than one senator shall be from the
same
political
party; one member shall be the director of the department of environmental
management
or
his or her designee; one member shall be the executive director of coastal
resources
management
council or his or her designee; one member shall be the director of
administration or
his
or her designee; one member shall be the president of the Rhode Island league
of cities and
towns
or his or her designee.
(2)(a) Each member so appointed shall serve for three (3) years
beginning in the first day
of
July, except that in the case of the first two (2) members appointed by the
lieutenant governor
and
the first two (2) members appointed by the governor, one shall serve until July
1, 1991, and
one
until July 1, 1992. Members shall be appointed during the month of June of each
year by the
appointing
authority and in the event of a vacancy occurring in the council, said vacancy
shall be
filled
in a like manner as the original appointment for the remainder of the unexpired
term.
(b)
Effective upon ratification of a constitutional amendment entitled "JOINT
RESOLUTION
TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A
PROPOSITION
OF AMENDMENT TO THE CONSTITUTION OF THE STATE
(SEPARATION
OF POWERS)," such council shall consist of fifteen (15) members to be
appointed
in the following manner:
(i)
Five (5) public members shall be appointed by the governor with the advice and
consent
of the senate; four (4) public members shall be appointed by the lieutenant
governor with
the
advice and consent of the senate; one member shall be the general manager of
the water
resources
board or his or her designee; one member shall be the director of the
department of
environmental
management or his or her designee; one member shall be the executive director
of
coastal
resources management council or his or her designee; one member shall be the
director of
administration
or his or her designee; one member shall be the executive director of the
economic
development
corporation or his or her designee; and one member shall be the president of
the
Rhode
Island league of cities and towns or his or her designee.
(ii)
All duly appointed members as of January 1, 2005, whose appointments were not
vacated
by a change in appointing authority, shall continue as members until the
expiration of
their
term or until their successors are duly appointed and qualified. Members shall
be appointed
during
the month of January of each year by the appointing authority and in the event
of a
vacancy
occurring in the council, said vacancy shall be filled in a like manner as the
original
appointment
for the remainder of the unexpired term. The term of appointed members shall be
three
(3) years.
46-28-7.
Powers and duties. -- The council shall have the following powers:
(1) To be entitled to ask for and receive from any commission, board, officer,
or agency
of
the state such information, cooperation, assistance, and advice as shall be
reasonable and
proper
in view of the nature of said functions;
(2) To assess, and evaluate and coordinate with federal,
regional and state agencies the
current
programs and policies as they relate to efforts to clean up and preserve rivers
and
watersheds throughout the state; and
to participate in coordination mechanisms to achieve
systems
level planning for the state;
(3) To prepare and recommend a rivers policy for the state of Rhode Island for
adoption
by the
state planning council as a part of the state guide plan as described in
section 42-11-
10(c)(7),
as amended, following the procedures for notification and public hearing set
forth in
section
42-35-3, as amended. Said policy shall be consistent with federal water quality
requirements
and shall give consideration to development, public or private, which has
commenced
at the time of the adoption of a rivers policy. Such rivers policy shall treat
rivers as
ecological
systems;
(4) (i) To prepare and recommend a plan for the classification of all rivers in
the state of
Rhode
Island for adoption by the state planning council as a part of the state guide
plan, following
the
procedures for notification and public hearing set forth in section 42-35-3, as
amended. The
classifications
shall identify characteristics of water bodies beyond their quality to reflect
their
current
or potential uses for drinking water sources, agricultural irrigation,
industrial processes,
including
cooling water sources, water-based recreation, aquatic habitat, aesthetic
enhancement,
and
others.
The classification plan shall be consistent with current water quality
classifications
adopted
by the department of environmental management. Such classification plan shall
contain a
minimum
of three (3) classes of rivers, including:
(A) Pristine rivers - those rivers or sections of rivers that are free of
impoundments and
generally
inaccessible except by trail, with watersheds or shorelines essentially
primitive and
water
relatively unpolluted;
(B) Recreational rivers - those rivers or sections of rivers that are readily
accessible, that
may
have some development along their shorelines and may have undergone some
impoundment
or
diversion in the past. These shall include sections of rivers along mill
villages, but shall not
include
sections where development may be characterized as urban; and
(C) Working rivers - those rivers or sections of rivers that are readily
accessible, that
have
development along their shorelines, that have undergone impoundment or
diversion, and
where
development may be classified as urban.
(ii) In the classification of rivers, different sections of a single river may
enjoy different
classifications
as appropriate.
(5) To make findings and recommendations among state agencies and political
subdivisions
by participating in administrative proceedings and by reporting to the governor
regarding
disputes and conflicts on river and watershed issues;
(6) To make findings and recommendations to state agencies and political
subdivisions
regarding
measures necessary to protect river quality and to promote river uses
consistent with
the
state's river policy and river classification plan;
(7)
To formally recognize and to provide grants to local watershed councils;
(8)
To foster public involvement in river planning and decision making processes
by;
(i)
Conducting public education programs about rivers and watersheds;
(ii)
Promoting public access to and use of rivers, as appropriate; and
(iii)
Holding informal workshops prior to the adoption of (A) the state's rivers
policy, (B)
the
state's river classification plan or any portion thereof as provided for in
subsection (d) of this
section
and (C) the establishment of any local watershed council; and
(iv)
Providing technical assistance to local watershed councils to participate in
watershed
planning.
(9)
To report activities, and findings, and recommend programs, policies and
proposals to
the governor
and the general assembly.;
(10)
Establish subcommittees as may be needed to carry out the purpose of this
chapter;
and
(11)
To promulgate regulations and procedures as may be needed to issue grants and
approve
watershed action plans, including rules requiring notice by state or city and
town
agencies
to local watershed councils regarding proposed actions pertaining to projects,
developments
and activities located wholly or partially within the watershed represented by
the
local
watershed council.
46-28-7.1.
Power and duties of the state planning council. -- In order to carry
out the
purposes
of this chapter, the state planning council shall adopt a rivers policy and a
classification
plan
for the state of Rhode Island as elements of the state guide plan in accordance
with the
provisions
of section 42-11-10. The procedure for adoption shall be as follows: Upon
notification
from
the rivers council that it has completed preparation of the rivers policy or
classification plan
as
set forth in section 46-28-7(c) and (d), respectively, the state planning
council and rivers
council
shall jointly conduct a public hearing in the manner specified in chapter 35 of
title 42.
Following
the public hearing, the rivers council shall, in consultation with the division
of state
planning statewide planning
program, make its recommendation to the state planning council.
The
state planning council may make any revisions or amendments to the rivers
policy or
classification
plan as recommended by the rivers council that are necessary to carry out the
purposes
of this chapter, to achieve consistency with applicable provisions of law, or
to consider
comments
made at the public hearing.
46-28-8.
Local watershed councils. -- The rivers council shall establish and
recognize
local
watershed councils to implement the rivers policy as adopted in accordance with
the
provisions
of this chapter and set forth in the state guide plan. Unless a watershed is
solely within
one
municipality's boundaries, each local watershed council shall be comprised of
members from
each
municipality within the watershed area as designated by the department of
environmental
management.
Such local watershed councils may be existing organizations where appropriate.
Local
watershed councils shall have standing to present testimony in all state and
local
administrative
proceedings which impact on rivers and water quality and shall receive
notice,
pursuant
to rules adopted by the council, from state or city and town agencies regarding
proposed
actions
pertaining to projects, developments and activities located wholly or partially
within the
watershed
represented by the local watershed council. Each local watershed council shall be a
body
corporate and politic, having a distinct legal existence from the state and any
municipality
within
the watershed area in which such local watershed council is located. Each local
watershed
council
shall have power:
(1) To advise and make recommendations for the watershed in the municipality
where
such
watershed is located for the preparation or revision by the municipality of its
comprehensive
land
use plan pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation
Act
with regard to achieving and maintaining classifications assigned by the rivers
council;
(2) To advise the municipalities with regard to public access to rivers for the
preparation
or
revision by the municipality of a comprehensive land use plan pursuant to the
Rhode Island
Comprehensive
Planning and Land Use Regulation Act;
(3) To establish and support river watch programs for the protection of the
watershed in
which
it is located;
(4) To negotiate payments between two (2) or more of the municipalities within
the
watershed
for the conduct of services or the erection of projects necessary for the
purposes of the
local
watershed council, subject to majority vote of each of the city and town
councils
participating
in each program or project;
(5) To acquire, hold, use, lease, sell, transfer, and dispose of any property,
real, personal,
or
mixed, or interest or interests thereon;
(6) To own, operate, maintain, repair, improve, enlarge, and extend, in
accordance with
the
provisions of this chapter, any property acquired hereunder, all of which,
together with the
acquisition
of such property, are hereby declared to be public purposes; and
(7) To sell, lease, convey, or otherwise dispose of to any of the
municipalities within the
watershed
any property or improvements thereto, which the local watershed council may
hereafter
acquire or construct; provided, however, that any sale, lease, conveyance, or
other
disposition
of the property shall not prejudice or adversely affect any service which the
local
watershed
council is providing to any other participating city or town;
(8) To sue and be sued in connection with any contracts made by, real estate or
personal
property
owned by or leases or conveyances made by the local watershed council;
(9) To adopt and order a corporate seal;
(10) To make by-laws for the management and regulation of its affairs;
(11) To borrow money for any of its corporate purposes including the creation
and
maintenance
of working capital;
(12) To fix rates and collect charges for the use of the facilities of or
services rendered
by or
any commodities furnished by the local watershed council; and to pay as the
same shall
become
due the expenses of operating and maintaining the properties of the river
watershed
council;
(13) To contract in its own name for any lawful purpose which would effectuate
the
purposes
of this chapter; to execute all the instruments necessary to carry out the
purposes of this
chapter;
to do all things necessary or convenient to carry out the powers expressly
granted by this
chapter.
It is the intention of the legislature that any property acquired by the local
watershed
councils
pursuant to the provisions of this chapter shall be financed as a
self-liquidating
enterprise,
and that any indebtedness incurred by the local watershed councils shall be
payable
solely
from the earnings or revenues derived from all or part of the property acquired
by such
river
watershed council. Any indebtedness incurred by the local watershed councils
shall not be
deemed
to constitute a debt or a pledge of the faith and credit of the state or of any
municipality;
(14) To enter into cooperative agreements with other cities and towns, for any
lawful
corporate
purposes necessary and desirable to effect the purposes of this chapter;
(15) In the performance of its functions the local watershed council may
recommend to
municipalities
land and water conservation programs consistent with the state rivers policy
provided
for in section 46-28-7;
(16) To apply for, contract for, and expend any federal or state advances or
grants or
assistance
which may be made available for purposes of this chapter.
46-28-9.
Annual council report. Annual council report and special reports. –
(a)
Annual
report.
The council shall make an annual report to the governor and the general
assembly
on or
before February 1 of each year. The report shall include a summary of the
activities of the
council
and of each designated local watershed council and a consolidated financial
statement of
all
funds received by and expended by the Rivers Council during the reporting
period.
(b)
Special reports. The council shall prepare such special reports as may be
requested by
the
general assembly, or either branch thereof, the governor, or as may be
determined by the
council.
(1)
Report on taxation of buffers. The council shall, in cooperation with the
department of
environmental
management, the coastal resources management council, and the department of
administration,
report to the speaker of the house, the president of the senate, and the
governor
not
later than January 15, 2005, its findings and recommendations with regard to
the
establishment
of riparian and shoreline buffers and the taxation of property included in
buffers
and
shall address the question of whether the valuation of areas included in
buffers should be
reduced
for purposes of taxation.
46-28-10.
Staffing. Administrative support and staffing. -- The division
of planning
water
resources board
shall be responsible for providing staff to assist administrative
support in
carrying
out the responsibilities charged to the Rhode Island rivers council. Rivers
Council; the
water
resources board, the department of environmental management, and the statewide
planning
program
shall, as appropriate, provide the Rhode Island Rivers Council staff support as
necessary
to
accomplish the purposes of this chapter.
SECTION
5. This act shall take effect upon passage.
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LC03039/SUB
A
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