Chapter 210

2004 -- H 8641

Enacted 06/29/04

A N A C T

RELATING TO WATERS AND NAVIGATION

Introduced By: Representatives Naughton, Crowley, Giannini, Cerra, and Long

Date Introduced: June 10, 2004

It is enacted by the General Assembly as follows:

SECTION 1. Title 46 of the General Laws entitled "Waters and Navigation" is hereby

amended by adding thereto the following chapter:

CHAPTER 23.2

THE COMPREHENSIVE WATERSHED AND MARINE MONITORING ACT OF 2004

46-23.2-1. Title. – The chapter shall be known and may be cited as "The Comprehensive

Watershed and Marine Monitoring Act of 2004."

46-23.2-2. Legislative findings. – (1) The general assembly finds and declares that there

is a need for a marine monitoring system in the state that is capable of:

(a) measuring the changing conditions in the functionality and health of the waters of the

state, including, but not limited to, Narragansett Bay and its watersheds, with one purpose being

identifying and predicting potential problems in the marine habitat;

(b) providing a central database via the internet to store monitoring data and disseminate

the analysis of this data to decision-makers and the public;

between government agencies, municipalities, nonprofit organizations and universities; and

(d) providing the comprehensive data needed to assess a sudden perturbation in the

marine environment and to contribute to efforts of disaster prevention, preparedness, response

and recovery as defined in chapter 30-15 of the general laws entitled "The Rhode Island

Emergency Management Act."

(2) The general assembly recognizes and declares that the health of the waters of the

state, including, but not limited to, Narragansett Bay and its watersheds needs to be monitored

comprehensively on a long-term basis in order to be proactive in planning and responsive to

potential problems in the marine environment. The availability of consistent environmental data

support systems level planning and provides resource managers, decision-makers and citizens

with information on how marine habitats are responding to management programs and what

adjustments need to be made to existing programs or what new programs must be implemented to

achieve a healthy marine environment.

(3) The general assembly recognizes the need for an integrated mechanism by which

individual monitoring efforts can be coordinated and managed as a system in which the

functionality of Narragansett Bay and its watersheds is measured and individual planning and

management efforts are adjusted to respond to the needs of this marine environment.

46-23.2-3. Purpose. – The purpose of this chapter is to establish a comprehensive

watershed and marine monitoring system that provides consistent and useful data to resource

managers, decision-makers and the public concerning the health of the marine environment of the

state. The Rhode Island environmental monitoring collaborative is hereby established with the

purposes of organizing, coordinating, maintaining and supporting the watershed and marine

monitoring system of the state.

46-23.2-4. Definitions. – For the purpose of this chapter, the following definitions shall

apply:

(1) "Collaborative" means a group of organizations, agencies and individuals assembled

for the purposes of organizing, coordinating, maintaining and supporting the watershed and

marine monitoring programs within Narragansett Bay and the watersheds of the state.

(2) "Monitoring program" means any scientific or educational data collection activity that

measures the changing conditions in, and the functionality and health of the waters of the state.

(3) "Perturbation" means a disturbance in the natural environment that is produced from

some force additional to that which causes the natural state of that environment.

46-23.2-5. The Rhode Island environmental monitoring collaborative -- Creation. –

(a) There is hereby authorized, created and established the "Rhode Island environmental

monitoring collaborative" (also known as the "collaborative") with such powers as are set forth in

this chapter, for the purposes of organizing, coordinating, maintaining and supporting the

environmental monitoring systems within Narragansett Bay and its watersheds. The collaborative

shall consist of ten (10) members, one representative from each of the following: Coastal Institute

at the University of Rhode Island ("URI") Bay Campus (chair); Coastal Resources Management

Council; Department of Environmental Management, water quality; Department of

Environmental Management, fisheries; Department of Health; URI Watershed Watch; URI

Graduate School of Oceanography; Narragansett Bay Commission; Statewide Planning Program

(RIGIS) Division; and URI Environmental Data Center. Members of the collaborative shall serve

without salary but may be paid expenses incurred in the performance of their duties.

(b) The collaborative shall work with other organizations and agencies that monitor

Narragansett Bay and its watersheds to perform the powers and duties established herein. These

include, but are not limited to, the Environmental Protection Agency, National Oceanic and

Atmospheric Agency, Natural Resources Conservation Service, U.S. Fish and Wildlife, U.S.

Geological Survey, Massachusetts Executive Office of Environmental Affairs, Narragansett Bay

Estuary Program, Brown University, Roger Williams University, Rhode Island Natural History

Survey, Save the Bay, Rhode Island Sea Grant, URI Cooperative Extension, and the Rhode Island

Rivers Council.

46-23.2-6. Powers and duties. – (a) The collaborative shall have the following powers:

(1) To effectuate and implement a state monitoring strategy that addresses critical state

resource management needs, including, but not limited to, water quality protection, water

pollution control, fisheries and wildlife management, habitat restoration, coastal management,

public health protection and emergency response and that assesses and tracks environmental

health and function. Within six (6) months of its enactment, the collaborative shall adopt a

statewide monitoring strategy that will provide cost-effective and useful policies, standards,

protocols and guidelines for monitoring programs undertaken for the waters of the state, that will

support system level planning. This strategy shall be reviewed and updated every three (3) years.

This strategy shall include the following elements:

(i) An inventory of existing monitoring programs;

(ii) An outline of additional monitoring programs the state needs;

(iii) A list of indicators that will be used to measure the health of the marine habitats of

the state;

(iv) A list of data standards and protocols that will be used on a reasonable and consistent

basis by monitoring programs that contribute data to the state monitoring system;

(v) A mechanism for data sharing among all monitoring programs that enables both

monitors and users to securely access monitoring data via the internet and to retain the integrity of

such data;

(vi) A plan to provide data from the state marine monitoring system for disaster

prevention, preparedness, response and recovery efforts in the marine environment; and

(vii) A communications strategy to provide for public access to monitoring data.

(2) To assist with the development and implementation of a state water monitoring and

assessment program, developed consistent with guidance issued by the United States

Environmental Protection Agency, and to augment and implement such a program to achieve the

purposes of this strategy set forth in subsection (1) of this section.

(3) To prepare an annual report in the month of January to the governor and general

assembly on the activities for the preceding year as well as the predicted financial needs of the

system for the upcoming fiscal year.

(4) To enter into data sharing agreements with federal and state agencies, municipalities

and nongovernmental organizations for the purposes of coordination and management of

monitoring data and programs.

(5) To accept grants, donations and contributions in money, services, materials, or

otherwise, from the United States or any of its agencies, from this state and its agencies, or from

any other source, and to use or expend those moneys, services, materials or other contributions in

carrying out the purposes of this chapter.

(6) To enter into agreements for staff support that it deems necessary for its work, and to

contract with consultants for the services it may require to the extent permitted by its financial

resources.

46-23.2-7. Assistance by state officers, departments, boards and commissions. – (a)

All state agencies may render any services to the collaborative within their respective functions as

may be requested by the collaborative.

(b) Upon request of the collaborative, any state agency is authorized and empowered to

transfer to the collaborative any officers and employees as it may deem necessary from time to

time to assist the collaborative in carrying out its functions and duties under this chapter.

46-23.2-8. Severability. – If any provision of this chapter or the application thereof to

any person or circumstances is held invalid, such invalidity shall not affect other provisions or

applications of the chapter, which can be given effect without the invalid provision or application,

and to this end the provisions of this chapter are declared to be severable.

SECTION 2. This act shall take effect upon passage.

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LC03558

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