Chapter 239

2005 -- H 6323 SUBSTITUTE A AS AMENDED

Enacted 07/09/05

A N A C T

RELATING TO WATERS AND NAVIGATION – RHODE ISLAND UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY ACT

Introduced By: Representatives E Coderre, Kilmartin, Ginaitt, Lima, and Williamson

Date Introduced: April 05, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Section 46-12.9-8 of the General Laws in chapter 46-12.9 entitled “Rhode

Island Underground Storage Tank Financial Responsibility Act” is hereby amended to read as

follows:

46-12.9-8. Review board. -- (a) There is hereby authorized, created and established a

public corporation of the state having a distinct legal existence from the state and not constituting

a department of state government to be known as the "underground storage tank review board,"

with such powers as are set forth in this chapter, to oversee administration and implementation of

the fund, to review submissions and claims received from eligible parties and to proceed to

approve, modify, or deny disbursements to eligible parties and to have such other powers as are

provided herein.

(b) The review board shall consist of ~~thirteen (13)~~ ten (10) members, as follows: the

director of the department of environmental management or his or her designee who shall be a

subordinate within the department of environmental management; the director of the department

of business regulation or his or her designee who shall be a subordinate within the division of

insurance and who shall be a nonvoting member. ~~the auditor general of the state or his or her~~

~~designee; a representative of the Rhode Island petroleum association to be appointed by the~~

~~speaker of the house; a representative of the independent oil marketers association of New~~

~~England to be appointed by the president of the senate; a representative of the oil heat institute~~

~~appointed by the governor; a member appointed by the speaker of the house; a member appointed~~

~~by the president of the senate; a member of a state wide environmental organization to be~~

~~appointed by the governor; a representative of the independent petroleum dealers association of~~

~~Rhode Island appointed by the governor; a member of the Rhode Island marine trade association,~~

~~who is a marina operator and/or owner, to be appointed by the governor; a member of the general~~

~~public, to be appointed by the governor; a member of the house of representatives to be appointed~~

~~by the house minority leader.~~ The governor, with the advice and consent of the senate, shall

appoint eight (8) public members, one of whom shall have expertise and experience in financial

matters. In making these appointments the governor shall give due consideration to

recommendations from the American Petroleum Institute, the Independent Oil Marketers

Association, the Oil Heat Institute, the Environment Council, the Independent Oil Dealers

Association and the Rhode Island Marine Trade Association. The newly appointed member’s

will serve for a term of three (3) years commencing on the day they are qualified. Any

vacancy which may occur on the board shall be filled by the governor with advice and consent of

the senate, for the remainder of the unexpired term in the same manner as the member’s

predecessor as prescribed in this section. The members of the board shall be eligible to succeed

themselves. Members shall serve until their successors are appointed and qualified. No one shall

be eligible for appointment unless he or she is a resident of this state. The members of the board

shall serve without compensation. Those members of the board as of the effective date of this act

who were appointed to the board by members of the general assembly shall cease to be members

of the board on the effective date of this act, and the governor shall thereupon nominate three (3)

members, each of whom shall serve the balance of the unexpired term of his or her predecessor.

Those members of the board as of the effective date of this act who were appointed to the board

by the governor shall continue to serve the balance of their current terms. Thereafter, the

appointments shall be made by the governor as prescribed in this section.

~~the governor, general assembly, and secretary of state.~~ When claims are pending, the review

board shall meet at the call of the chair no less than four (4) times per year. All meetings shall be

held consistent with chapter 42-46.

(d) It is the intent of the general assembly, by the passage of this chapter, to vest in the

review board all powers, authority, rights, privileges, and titles which may be necessary to enable

it to accomplish the purposes herein set forth, and this chapter and the powers herein granted shall

be liberally construed in conformity with those purposes.

(e) The review board and its corporate existence shall continue until terminated by law.

Upon termination of the existence of the review board, all its rights and properties shall pass to

and be vested in the state.

(f) The review board shall have the following powers and duties, together with all

powers incidental thereto or necessary for the performance of those stated in this chapter:

(1) To sue and be sued, complain and defend, in its corporate name;

(2) To have a seal which may be altered at pleasure and to use the seal by causing it, or

a facsimile thereof, to be impressed or affixed or in any other manner reproduced;

(3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and

otherwise deal in and with, real or personal property, or any interest therein, wherever situated;

(4) To make and execute agreements of lease and all other contracts and instruments

necessary or convenient in the exercise of the powers and functions of the review board granted

by this chapter;

(5) To make guarantees and incur or assume liabilities as the review board may deem

appropriate;

(6) To invest and reinvest its funds;

(7) To secure the cooperation and assistance of the United States, and any of its agencies

and of agencies of this state and its municipalities in the work of the review board;

(8) To accept grants, donations, drafts, loans of funds, 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;

(9) To acquire or contract to acquire, from any person, the federal government or the

state, or any agency of either the federal government or state, by grant, purchase, lease, gift, or

otherwise, or to obtain options for the acquisition of any property, real or personal, improved or

unimproved, and interests in land less than the fee thereof; and to own, hold, clear, improve,

develop, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, mortgage, or

otherwise dispose of or encumber the property for the purposes of carrying out the provisions and

intent of this chapter for such consideration as the review board shall determine;

(10) To elect or appoint officers and agents of the review board, and to define their duties

and fix their compensation, including authority to employ attorneys, accountants, and engineering

consultants, and such other employees or agents as the review board shall deem necessary in its

judgment;

(11) To make and alter bylaws, not inconsistent with this chapter, for the administration

and regulation of the affairs of the review board, and the bylaws may contain provisions

indemnifying any person who is or was a director or a member of the review board, in the manner

and to the extent provided in section 7-6-6 of the Rhode Island nonprofit corporation act;

(12) To have and exercise all powers necessary or convenient to effect its purposes;

(13) To enter into agreements, contracts, and other arrangements with the state and any of

its departments, agencies, board or commissions relating to the execution or performance of any

function or purpose of the review board, including, but not limited to, investments, employee

compensation and employee benefits, and the state and its departments, agencies, boards and

commissions are hereby authorized to enter into such agreements, contracts and other

arrangements with the review board, and upon the request of the review board shall enter into

such agreements, contracts and other arrangements with the review board.

(14) To approve and submit an annual report within ninety (90) days after the end of each

fiscal year to the governor, the speaker of the house of representatives, the president of the senate,

and the secretary of state, of its activities during that fiscal year. The report shall provide: an

operating statement summarizing meetings or hearings held, including meeting minutes, subjects

addressed, and decisions rendered; a summary of the review board’s actions including a listing of

regulations promulgated, implemented and amended as prescribed in section 46-12.9-7, fees

levied, collected or received as prescribed in sections 46-12.9-7 and 46-12.9-11, claims

submitted, verified, approved, modified, and denied as prescribed in section 46-12.9-7, contracts

entered into as prescribed in sections 46-12.9-7 and 46-12.9-8, properties acquired as prescribed

in sections 46-12.9-8, liabilities incurred or assumed as prescribed in section 46-12.9-8 and

reconsideration hearings held as prescribed in section 46-12.9-9; a synopsis of any law suits or

other legal matters related to the authority of the review board; a consolidated financial statement

of all funds received, expended, disbursed, and invested by the review board including the source

of the funds, a listing of the staff and/or consultants employed by the review board; and a

summary of performance during the previous fiscal year including accomplishments,

shortcomings and remedies; a briefing on anticipated activities in the upcoming fiscal year; and

findings and recommendations for improvements; and a summary of any training courses held

pursuant to subdivision 46-12.9-8(f)(15). The report shall be posted electronically as prescribed in

section 42-20-8.2.

(15) To conduct a training course for newly appointed and qualified members and new

designees of ex-officio members within six (6) months of their qualification or designation. The

course shall be developed by the executive director, approved by the board, and conducted by the

executive director. The board may approve the use of any board or staff members or other

individuals to assist with training. The training course shall include instruction in the following

areas: the provisions of chapters 46-12.9, 42-46, 36-14, and 38-2; and the boards rules and

regulations. The director of the department of administration shall, within ninety (90) days of the

effective date of this act, prepare and disseminate training materials relating to the provisions of

chapters 36-14, 38-2, and 42-46.

(g) Upon the passage of this act and the appointment and qualification of the three (3)

new members prescribed in subsection 46-12.9-8(b), the board shall elect from among its

members a chair. Thereafter, the board shall elect annually in February a chair from among the

members. The board may elect from among its members such other officers as it deems

necessary.

(h) Six (6) members of the board shall constitute a quorum and the vote of the majority of

the members present shall be necessary and shall suffice for any action taken by the board. No

vacancy in the membership of the board shall impair the right of a quorum to exercise all of the

rights and perform all of the duties of the board.

(i) Members of the board shall be removable by the governor pursuant to section 36-17

and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office

shall be unlawful.

SECTION 2. This act shall take effect upon passage.

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LC02957/SUB A/2

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