Chapter
027
2006 -- H 6753 AS AMENDED
Enacted 05/03/06
A N A C T
RELATING TO
SEPARATION OF POWERS
Introduced By:
Representatives E Coderre, Crowley, Kilmartin, Davey, and
Naughton
Date Introduced: January 10,
2006
It is enacted by the General
Assembly as follows:
SECTION
1. Sections 2-4-3, 2-4-3.1, 2-4-5 and 2-4-6 of the General Laws in Chapter 2-4
entitled
"Soil Conservation" are hereby amended to read as follows:
2-4-3.
State conservation committee. -- (a) There is established, within the
department
of
environmental management to serve as an agency of the state and to perform the
functions
conferred
upon it by this chapter, the state conservation committee. The following shall
serve as
members
of the committee: the director of the department of environmental management,
or his
or her
designee, one conservation district director, or his or her designee, from
each conservation
district,
one governor's appointee, one state senator, and one state representative. and four (4)
members
of the public appointed by the governor with the advice and consent of the
senate. At
least
one member shall be appointed from each of the state's conservation districts
and, in making
appointments
under this section, the governor shall give due consideration to
recommendations
made
by the state's conservation district directors.
(b) District directors to the state committee or their designees shall be
selected for a term
of three
(3) years by the district board of directors at their annual meeting and the
state committee
shall
be notified of the results of this election at least thirty (30) days prior to
the expiration of the
term
of office. State committee members Members
of the committee as of the effective date of
this
act shall continue to serve for the balance of their current terms. Thereafter,
members shall
be
appointed to terms of three (3) years. Members shall hold office until a successor has been
selected.
Vacancies shall be filled for any unexpired terms. The selection of successors
to fill an
unexpired
term or for a full term shall be in the same manner in which the respective
state
committee
member had been selected.
(c) The governor's appointive member of the committee shall be selected
every two (2)
years
by the governor, and select and represent those interests within the state not
already
represented,
or less fully represented, on the committee.
(d) General assembly members of the committee shall be selected every two
(2) years.
The
state senator member shall be appointed by the president of the senate. The
house of
representatives
member to the committee shall be appointed by the speaker of the house of
representatives. Gubernatorial appointments made under this section
after the effective date of
this
act shall be subject to the advice and consent of the senate. All persons
appointed to the
committee
after the effective date of this act shall be residents of the state.
(e) The committee shall invite the director of the cooperative extension
service and
agricultural
experiment station, chief of the office of state planning, director of
transportation, the
president
of the Rhode Island association of conservation districts, the state
conservationist of the
USDA
soil conservation service, the state executive director of the USDA
agricultural
stabilization
and conservation service, the chairperson of the water resources board, and the
executive
director of the coastal resources management council, and any other agency
representatives
necessary to carry out the intent of this chapter to serve as advisors to the
state
committee.
(f) The committee shall keep a record of its official actions, and may perform
any acts,
hold any
public hearings, and promulgate any rules and regulations that may be necessary
for the
execution
of its functions under this chapter.
(g)
The director of the department of environmental management shall direct staff
to
support
the committee within the constraints of available resources.
2-4-3.1.
Rhode Island farm, forest and open space land value subcommittee. --
(a)
There is
hereby authorized, created and established the "Rhode Island
Farm, Forest, and Open
Space
Land Value Subcommittee" (the subcommittee) to recommend the methodology
and values
for the
assessment of land for property taxation on the basis of current use for farm,
forest, and
open
space lands, as established by chapter 27 of title 44 and section 44-5-12. The
values
recommended
by the subcommittee, upon review and approval by the state conservation
committee,
shall be made available to local tax assessors and such value shall be the
recommended
maximum current use value per acre at which such land classifications can be
assessed.
(b) The subcommittee shall consist of the following twelve (12) members: the
chair of
the
state conservation committee, or designee; three (3) local tax assessors
appointed by the
governor,
with the advice and consent of the senate; the director of the department
of
administration,
or designee, who shall be a subordinate within the department of
administration;
the
chief of the department of environmental management's division of agriculture,
or designee,
who
shall be a subordinate within the division who shall serve as a nonvoting ex
officio member;
the
chief of the department of environmental management's division of forest
environment, or
designee,
who shall be a subordinate within the division who shall serve as a nonvoting
ex officio
member; the dean of the University of Rhode Island's College
of Natural Resources, or designee,
who
shall be a subordinate within the college who shall serve as a nonvoting ex
officio member;
two (2)
public members who shall be appointed by the speaker of the house, one of whom
shall
be a
landowner currently enrolled under the forest land provision of chapter 27 of
title 44, each of
which
appointments to be selected from not less than three (3) persons recommended by
the
Rhode
Island Agricultural Council; and two (2) public members who shall be appointed
by the
president
of the senate at least one of whom shall be a member of a land trust and shall
be
selected
from not less than three (3) persons recommended by the state conservation
committee.
the
executive director of the Rhode Island League of cities and towns, or his or
her designee, who
shall
serve as a nonvoting member of the subcommittee; the chairperson of the Rhode
Island
Agricultural
Council, or his or her designee, who shall serve as a nonvoting member of the
subcommittee;
and two (2) public members appointed by the governor with the advice and
consent
of the senate, one of whom shall be a landowner currently enrolled under the
forest land
provision
of chapter 27 of title 44, one of whom shall be a member of a land trust. Each appointed
member
of the subcommittee shall serve for a term of three (3) years, and shall serve
until his or
her
successor has been appointed and qualified. Any vacancy which may occur in
the
subcommittee
of the members appointed by the governor shall be filled by the governor for
the
remainder
of the unexpired term in the same manner as the predecessor as prescribed in
this
section.
The members of the subcommittee shall be eligible to succeed themselves. No one
shall
be
eligible for appointment unless he or she is a resident of this state. Those
members of the
subcommittee
as of the effective date of this act who were appointed by the speaker of the
house
and
the president of the senate shall cease to be members of the subcommittee on
the effective
date
of this act, and the governor shall thereupon appoint four (4) members as
prescribed in this
section,
each of whom shall serve for the balance of the unexpired term of his or her
predecessor.
(c) The state conservation committee shall provide the subcommittee's list of
current use
values
for farm, forest, and open space land to each tax assessor, through the
department of
administration,
on or before February 15 of each year in which the subcommittee is required to
determine
such figures.
(d) The subcommittee shall abide by the rules governing the state conservation
committee,
as provided in section 2-4-5.; prior to the adoption of the rules a
simple majority of
the
members of the subcommittee, as provided for in subsection (b) of this section,
shall be
necessary
for a quorum, which quorum shall by majority vote have the power to conduct
business
in
the name of the subcommittee. Five
(5) voting members of the subcommittee shall constitute a
quorum.
A majority vote of those present shall be required for action.
(e)
The subcommittee shall meet at the call of the chair. All meetings shall be
held
consistent
with chapter 42-46.
(f)
The subcommittee shall 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 chair of the subcommittee, approved by the
subcommittee
and conducted by the chair of the subcommittee. The subcommittee may approve
the
use of any subcommittee or staff members or other individuals to assist with
training. The
training
course shall include instruction in the following areas: chapters 44-27, 44-5,
2-4, 42-46,
36-14
and 38-2; and the subcommittee's rules. 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 42-46, 36-14 and 38-2.
2-4-5.
Chairperson of the committee -- Quorum -- Expenses -- Surety bonds --
Records
-- Audit. -- The chairperson of
the state committee shall be elected annually by the
committee.
The committee may elect from among its members such other officers as they
deem
necessary. A majority of the committee constitutes a quorum, and
all actions of the committee
shall be
by a majority vote of the members present and voting at a meeting at which a
quorum is
present.
The chairperson and members of the committee receive no compensation for their
services
on the committee, but are entitled to expenses or per diem, including traveling
expenses,
necessarily
incurred in the discharge of their duties on the committee. The committee shall
provide
for the execution of surety bonds for all employees entrusted with funds or
property; shall
provide
for the keeping of a full and accurate record of all proceedings and of all
resolutions,
regulations,
and orders issued or adopted; and shall provide for a periodic audit of the
accounts of
receipts
and disbursements. Members of the committee and the subcommittee shall be
removable
by the
governor pursuant to section 36-1-7 of the general laws and for cause only, and
removal
solely
for partisan or personal reasons unrelated to capacity or fitness for the
office shall be
unlawful.
2-4-6.
Powers and duties of committee. -- In addition to the duties and powers
conferred
upon the committee, it has the following duties and powers:
(1) To offer any assistance as may be appropriate to the directors of
conservation
districts,
organized as provided in this chapter, in the carrying out of any of their
powers and
programs;
to assist and guide districts in the preparation and carrying out of programs
for
resources
conservation authorized under this chapter; to review district programs; to
coordinate
the programs
of the conservation districts and resolve any conflicts in those programs.
(2) To keep the directors of each of the conservation districts organized under
this
chapter
informed of the activities and experience of all other districts organized
under this
chapter,
and to facilitate an interchange of advice and experience between the districts
and
cooperation
between them.
(3) To approve forms of agreements, proposed to be entered into by districts,
with other
districts
or with any state, federal, interstate, or other public or private agency,
organization, or
individual,
and advise the districts concerning the forms of agreements.
(4) To secure the cooperation and assistance of the United States and any of
its agencies,
and of agencies
of this state, in the work of the districts.
(5) To enlist the cooperation and collaboration of state, federal, regional,
interstate and
local
public and private agencies with the conservation districts; and to facilitate
arrangements
under
which the conservation districts may serve city or town governing bodies and
other
agencies
as their local operating agencies in the administration of any activity
concerned with the
conservation
of renewable natural resources.
(6) To disseminate information throughout the state concerning the activities
and
programs
of the conservation districts organized under this chapter, to make available
information
concerning
the needs and the work of the conservation districts and the committee to the
governor,
the legislature, executive agencies of the government of this state, political
subdivisions
of this
state, cooperating federal agencies, and the general public.
(7) Pursuant to procedures developed mutually by the committee and other federal,
state
and
local agencies that are authorized to plan or administer activities
significantly affecting the
conservation
of renewable natural resources, to receive from those agencies for review and
comment
suitable descriptions of their plans, programs and activities for the purposes
of
coordination
with district conservation programs; to arrange for and participate in
conferences
necessary
to avoid conflict among those plans and programs, to call attention to
omissions, and to
avoid
duplications of effort.
(8) Whenever the committee determines that there exists a substantial conflict
between
the
resources conservation program of a district and the proposed plans or
activities directly
affecting
resource conservation prepared by any other local governmental unit or agency
of the
federal
government, or this state, and that the conflict cannot be resolved through the
consultation
procedures
provided for in this section, the committee shall submit a report of the
conflict through
the
department of environmental management to the governor.
(9) To compile information and make studies, summaries, and analyses of natural
resource
conditions in cooperation with local conservation districts and conservation
programs on
a
statewide basis.
(10) Except as otherwise assigned by state law, to carry out and coordinate the
policies
of this
state in programs at the state level for the conservation of the renewable
natural resources
of this
state and to represent the state in matters affecting those resources. This
includes the
formulation
and development of state guidelines, as deemed necessary, for the conservation
of
soil,
water and related natural resources of the state. When developing these guidelines
the
committee,
working with the conservation districts, may secure the assistance of state and
federal
agencies
and Rhode Island schools of higher learning to make such investigations and
studies as
are
necessary.
(11) To offer technical assistance to the department of environmental
management
and/or
other state agencies in the development of recommendations for the general
assembly of
any
natural resource legislation deemed necessary for the conservation,
preservation, protection
and
development of the renewable natural resources of this state. This legislation
may include,
but is
not necessarily limited to, provision for erosion and sediment control, flood
plain regulation
and the
conservation of watershed resources.
(12) To assist conservation districts in obtaining legal services from the
attorney general.
(13) To require annual reports from conservation districts, the form and
content of which
shall be
developed by the committee.
(14) To establish by regulations, with the assistance and advice of the
appropriate state
fiscal
officers, adequate and reasonably uniform accounting and auditing procedures
which shall
be used
by conservation districts, and when the situation requires on a vote of at
least four (4)
members,
to impound all district funds and assets subject to ratification at a hearing
on the action
in
accordance with the administrative procedures act, chapter 35 of title 42.
(15) To approve and issue within ninety (90) days after the end of each
fiscal year a
detailed
annual report to the governor and the legislature, including reference to,
the speaker of
the
house of representatives, the president of the senate, and the secretary of
state of its activities
for the
preceding year,. The report shall provide a review and synopsis
of the state conservation
district
activities, an outline of goals and programs for the future and inclusion of
any other
findings
and recommendations that the committee may consider appropriate. ; an operating
statement
summarizing meetings or hearings held, including meeting minutes, subjects
addressed,
decisions
rendered, studies conducted, policies and plans developed, approved, or
modified, and
programs
administered or initiated; a summary of the work of the farm, forest and open
space
subcommittee
including the list of current values for farm, forest and open space; a
consolidated
financial
statement of all funds received and expended including the source of the funds,
a listing
of
any staff supported by these funds, and a summary of any clerical,
administrative or technical
support
received; a summary of performance during the previous fiscal year including
accomplishments,
shortcomings and remedies; a synopsis of any legal matters related to the
authority
of the council; a summary of any training courses held pursuant to subsection
2-4-6(18);
a
briefing on anticipated activities in the upcoming fiscal year; and findings
and
recommendations
for improvements. The report shall be posted electronically as prescribed in
section
42-20-8.2. The director of the department of administration shall be
responsible for the
enforcement
of this provision.
(16) To establish by regulation the procedure for removing a district director
from office
either
for excessive absence or for other cause. The procedure shall include a hearing
before the
committee
at which time the affected director may seek to rebut the charges.
(17) To have supervision and control of any funds appropriated by the general
assembly
to
finance the activities of the committee and the conservation districts; to
administer the
provisions
of any act enacted by the legislature appropriating funds for expenditure in
connection
with the
activities of conservation districts; to distribute to conservation districts
funds,
equipment,
supplies and services received by the committee for that purpose from any
source,
subject
to the conditions that shall be made applicable thereto in any state or federal
statute or
local ordinance
making available those funds, property or services; to issue regulations
establishing
suitable controls to govern the use by conservation districts of those funds,
property
and
services; approve all budgets, administrative procedures and operations of
those districts to
ensure
that districts conform with applicable laws and regulations.
(18)
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 chair of the committee, approved by the committee,
and
conducted
by the chair of the committee. The committee may approve the use of any
committee
or
staff members or other individuals to assist with training. The course shall
include instruction
in
the following areas: the provisions of chapters 2-4, 42-46, 36-14 and 38-2; and
the committee's
rules
and regulations. The director 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
42-46, 36-14 and 38-2.
SECTION
2. Section 4-13-1.3 of the General Laws in Chapter 4-13 entitled
"Dogs" is
hereby
amended to read as follows:
4-13-1.3.
Rabies control board. -- (a) There shall be a rabies control board
consisting of
nine
(9) seven (7) people as
follows:
(1) The director of the Rhode Island department of environmental management or
his or
her
designee;
(2) The director of the Rhode Island department of health or his or her
designee;
(3) A Rhode Island licensed veterinarian, appointed by the governor, who is a
member of
the
Rhode Island veterinary medical association;
(4) A livestock farmer, appointed by the governor, who is a member of the Rhode
Island
farm
bureau;
(5) A member of a recognized Rhode Island humane group (such as the Rhode
Island
society
for prevention of cruelty to animals), appointed by the governor;
(6) The state veterinarian, who shall serve as chairperson;
(7) A member of the Rhode Island animal control association, appointed by the
governor;
and.
(8) Two (2) members of the general assembly, one member to be appointed by
the
speaker
of the house, and one member to be appointed by the president of the senate.
(b) All appointments made under this section after the effective date of
this act shall be
subject
to the advice and consent of the senate.
The members of the board shall serve without
compensation.
The board members from the departments of health and environmental
management
shall serve at the discretion of their directors. The state veterinarian shall
serve
without
term. Nongovernmental members shall serve for a period of three (3) years and
reappointments
shall be made by the governor with the advice and consent of the senate.
(c) Vacancies for citizen members shall be filled by appointment, in the
same manner as
the
original appointment, for the unexpired
term only. Any citizen member of the commission
may
be removed from office by the governor for cause, upon notice and opportunity
to be heard.
Four
(4) members of the board shall constitute a quorum.
(d)
Members of the board shall be removable by the governor pursuant to section
36-1-7
of
the general laws and for cause only, and removal solely for partisan or
personal reasons
unrelated
to capacity or fitness for the office shall be unlawful.
(e)
The board may elect from among its members such other officers as they deem
necessary.
(f)
The director of the department of environmental management shall direct staff
to
support
the board within the constraints of available resources.
(g)
Within ninety (90) days after the end of each fiscal year, the board shall
approve and
submit
an annual report 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, decisions rendered, rules or regulations promulgated,
studies
conducted,
policies and plans developed, approved or modified, and programs administered
or
initiated;
a consolidated financial statement of all funds received and expended including
the
source
of the funds, a listing of any staff supported by these funds, a summary of any
clerical,
administrative
or technical support received; a summary of performance during the previous
fiscal
year including accomplishments, shortcomings and remedies; a synopsis of any
legal
matters
related to the authority of the board; a summary of any training courses held
pursuant to
subsection
4-13-1.3(i); a briefing on anticipated activities in the upcoming fiscal year;
and
findings
and recommendations for improvements. The report shall be posted electronically
as
prescribed
in section 42-20-8.2. The director of the department of administration shall be
responsible
for the enforcement of this provision.
(h)
Newly appointed and qualified members and new designees of ex officio members
of
the
board are required to complete a training course within six (6) months of their
qualification or
designation.
The course shall be developed by the chair of the board, approved by the board
and
conducted
by the chair of the board. The board may approve the use of any board or staff
members
or other individuals to assist with training. The course shall include
instruction in the
following
areas: chapters 4-13, 42-46, 36-14 and 38-2; and the board's 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 42-46,
36-14
and 38-2.
SECTION
3. Sections 23-7-4 and 23-7-5 of the General Laws in Chapter 23-7 entitled
"Mosquito
Abatement" are hereby amended to read as follows:
23-7-4.
Membership of board. – (a) The directors of the departments of
health and
environmental
management, or their designees, shall be ex officio members. The speaker of
the
house
of representatives shall appoint one member of the house and the president of
the senate
shall
appoint one member of the senate. The director of the department of
environmental
management
shall governor shall, with the
advice and consent of the senate, appoint one
professional
agricultural chemist, one professional wildlife biologist, one professional
entomologist,
one medical doctor, one person representing an established conservation or
environmental
group within the state, and three (3) citizens representing any two
(2) four (4)
cities, towns,
subdivisions of cities or towns, or districts, having regard, among other
factors, to
their
qualifications, experience, and interest in effective mosquito control. Members
of the board
shall
annually elect their own officers.
(b)
Those members of the commission as of January 1, 2005 who are members of the
general
assembly shall cease to be members of the commission on January 1, 2005 and the
director
shall appoint two (2) new members, representing two (2) cities, towns,
subdivisions of
cities
or towns, or districts, having regard, among other factors, to their
qualifications, experience
and
interest in effective mosquito control, each of whom shall serve for a three
(3) year term.
(c)
All appointed public members as of January 1, 2005 shall continue to serve the
balance
of their current terms.
(d)
Except as provided in subsection (b) of this section, members shall serve until
their
successors
are appointed and qualified.
(e)
No person shall be eligible for appointment pursuant to this section unless he
or she is
a
resident of this state.
23-7-5.
Appointments and terms. Vacancies, quorum and removal for cause. --
On
May
3, 1978, the director of environmental management shall appoint two (2)
representatives
from
any city, town, subdivision of a city or town, or district to serve on the
board until October,
1979.
Those representatives shall serve for a term of one year and shall be selected
on a revolving
basis.
The speaker of the house of representatives and the president of the senate
shall each
appoint
one member to serve until October, 1979. The director of environmental
management
shall
appoint two (2) members to serve until October, 1980, two (2) members to serve
until
October,
1981, and three (3) members to serve until October, 1982. In the month of
September of
every
year the director, speaker, or president of the senate shall appoint successors
to the
members
of the board whose terms shall expire on that year. With the exception of the
local
representatives
who shall serve for one year, all other board members shall hold office
commencing
on the first day of October for a three (3) year term and until their
respective
successors
are appointed. (a) Any vacancy
which may occur in the board shall be filled by the
director,
speaker, or president of the senate governor
with the advice and consent of the senate for
the
remainder of the unexpired term. A member shall be eligible to succeed himself
or herself.
(b)
Six (6) members of the board shall constitute a quorum.
(c)
Members of the board shall be removable by the governor pursuant to section
36-1-7
of
the general laws and for cause only, and removal solely for partisan or
personal reasons
unrelated
to capacity or fitness for the office shall be unlawful.
SECTION
4. Chapter 23-7 of the General laws entitled "Mosquito Abatement" is
hereby
amended
by adding thereto the following sections:
23-7-6.1.
Officers of the board. -- Upon the appointment of the two (2) new
members
prescribed
in subsection 23-7-5(b), the board shall elect from among its members a chair.
Thereafter,
the board shall annually elect in October a chair from among the members. The
board
may
elect from among its members such other officers as it deems necessary.
23-7-6.2.
Board training. -- Newly appointed and qualified members of the
board and
new
designees of ex officio members are required to complete a training course
within six (6)
months
of their qualification or designation. The course shall be developed by the
chair of the
board,
approved by the board and conducted by the chair of the board. The board may
approve
the
use of any board or staff members or other individuals to assist with training.
The course shall
include
instruction in the following areas: the provisions of chapters 23-7, 42-46,
36-14 and 38-2;
and
the board's 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 42-46, 36-14 and 38-2.
23-7-6.3.
Reporting requirements. – Within ninety (90) days after the end of
each fiscal
year,
the board shall approve and submit an annual report 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, decisions rendered, rules
or
regulations
promulgated, studies conducted, policies and plans developed, approved, or
modified,
and
programs administered or initiated; a consolidated financial statement of all
funds received
and
expended including the source of the funds, a listing of any staff supported by
these funds,
and a
summary of any clerical, administrative or technical support received; a
summary of
performance
during the previous fiscal year including accomplishments, shortcomings and
remedies;
a synopsis of any legal matters related to the authority of the board; a
summary of any
training
courses held pursuant to section 23-7-6.1; a briefing on anticipated activities
in the
upcoming
fiscal year; and findings and recommendations for improvements. The report
shall be
posted
electronically as prescribed in section 42-20-8.2. The director of the
department of
administration
shall be responsible for the enforcement of this provision.
SECTION
5. Sections 42-82-3 and 42-82-5 of the General Laws in Chapter 42-82
entitled
"Farmland Preservation Act" are hereby amended to read as follows:
42-82-3.
Agricultural lands preservation commission. -- (a) (1) There is established
the
agricultural lands preservation commission consisting of the directors of the
department of
environmental
management and the department of administration, or their respective designees,
both ex
officio with the power to vote; one member to be a designee of the president
the
executive
director of the Rhode Island league
of cities and towns or his or her designee, who shall
serve
as a nonvoting member of the commission;
and four (4) public members to be appointed by
the
governor with the advice and consent of the senate; one member to be
appointed by the
governor
upon written recommendation of the president of the senate; and one member to
be
appointed
by the governor upon written recommendation of the speaker of the house. The dean of
the
college of resource development of the university of Rhode Island and the state
conservationist
of the United States department of agriculture's soil conservation service, or
their
respective
designees, shall also serve on the committee and shall be voting nonvoting
members.
All
gubernatorial appointments made under this section after January 1, 2005 shall
be subjected
to
the advice and consent of the senate. No person shall be eligible for
appointment pursuant to
this section
after the effective date of this act unless he or she is a resident of this
state.
(2)
The members appointed by the governor shall serve for terms of five (5) years
each;
provided,
however, that of the members first appointed, one shall serve for one year, one
shall
serve
for two (2) years, one shall serve for three (3) years, one shall serve for
four (4) years, and
two (2)
shall serve for five (5) years, from January first next succeeding their
appointment, as the
governor
shall designate.; provided, however, that those members of the
commission as of the
effective
date of this act who were appointed upon the recommendation of members of the
general
assembly shall cease to be members of the commission on the effective date of
this act.
(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.
(5) No member, including ex officio members, 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.
(6) The governor shall make the required appointments within ninety (90)
days of May
20, 1981
by filing in writing the names of the appointees, and their respective terms,
together
with
their respective letters of acceptance, in the office of the secretary of
state.
(7) Within thirty (30) days thereafter, the governor shall notify all members
of a meeting
at
which time and place an oath of office shall be taken by each appointed member,
and the The
commission
shall designate annually from its appointed members a chairperson and a vice
chairperson.
Thereafter the meetings shall be held at a time or times as is necessary for
the proper
conduct
of its business.
(8) 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.
(b) Six (6) Four (4) 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.
(c) The governor may remove any member for cause or misconduct in office 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 governor 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.
42-82-5.
Duties of the commission. -- (a) The commission shall:
(1) Develop the criteria necessary for defining agricultural land under this
chapter;
(2) Make a reasonably accurate inventory of all land in the state which meets
the
definition
of agricultural land;
(3) Prepare and adopt rules for administration of the purchase of development
rights and
criteria
for the selection of parcels for which the development rights may be purchased,
and the
conditions
under which they will be purchased;
(4) Draw up and publish the covenant and enumerate the specific development
rights to
be
purchased by the state; and
(5) Inform the owners, public officials and other citizens and interested
persons of the
provisions
of this chapter.; and
(6)
Approve and submit within ninety (90) days after the end of each fiscal year,
an
annual
report 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, decisions rendered, petitions granted, rules or regulations
promulgated,
studies
conducted, policies and plans developed, approved, or modified, and programs
administered
or initiated; a consolidated financial statement of all funds received and
expended
including
the source of the funds, a listing of any staff supported by these funds, and a
summary
of
any clerical, administrative or technical support received; a summary of
performance during
the
previous fiscal year including accomplishments, shortcomings and remedies; a
synopsis of
hearings,
examinations and investigations or any legal matters related to the authority
of the
commission;
a summary of any training courses held pursuant to subsection 42-82-5(a)(7); a
summary
of land acquired and conserved during the fiscal year; an annually updated
inventory of
all
land in the state which meets the definition of agricultural land; a briefing
on anticipated
activities
in the upcoming fiscal year; findings and recommendation for improvements. The
report
shall be posted electronically as prescribed in section 42-20-8.2. The director
of the
department
of administration shall be responsible for the enforcement of this provision;
and
(7)
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 chair, approved by the commission and conducted by
the
commission.
The commission may approve the use of any commission or staff members or other
individuals
to assist with training. The course shall include instruction in the following
areas; the
provisions
of chapters 42-82, 42-46, 36-14, and 38-2; and the commission's 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
42-46,
36-14 and 38-2.
(b) At any time after fulfilling the requirements of subsection (a), the
commission, on
behalf
of the state, may acquire any development rights that may from time to time be
offered by
the
owners of agricultural land. The commission may accept or negotiate at a price
not in excess
of the
average of two (2) independent appraisals for the respective property. The
value of the
development
rights for all of the purposes of this section shall be the difference between
the value
of the
property for its highest and best use and its value for agricultural purposes
as defined in this
chapter.
In determining the value of the property for its highest and best use,
consideration shall
be given
to sales of comparable properties in the general area, use of which is
unrestricted at the
time of
sale. The seller of the development rights shall have the option of accepting
payment in
full at the
time of transfer or accepting payment on an installment basis in cash or with
the
principal
paid by tax exempt financial instruments of the state with interest on the
unpaid balance
equal to
the interest paid by the state on bonds sold during the preceding twelve (12)
month
period.
Any matter pending in the superior court may be settled by the parties subject
to approval
by a
referee. At any time after a matter has been referred to a referee, even after
an award is made
by the
referee, but before payment thereof, the petitioner may withdraw his or her
petition upon
payment
of appraisal fees incurred by the state together with all court costs, and the
award shall
become
null and void.
(c) Any land received as a gift may be resold by the commission with the
development
rights
retained by the state and so noted by covenant in the deed. The proceeds from
that sale
shall be
returned to the agricultural land preservation fund.
(d) Any land received as a gift and not resold by the commission may be leased
for
agricultural
uses or other uses the commission determines are not detrimental to its
agricultural
productivity.
Any funds thus obtained shall be returned to the agricultural land preservation
fund.
(e) The commission may consider petitions by the owner of land from which the
state
has
purchased the development rights to repurchase those development rights from
the state. The
petition
must be accompanied by a certificate from the municipalities in which the land
lies
stating
that two-thirds ( 2/3) of the city or town council has approved the proposed
development.
The
petition shall set forth the facts and circumstances upon which the commission
shall consider
approval,
and the commission shall deny approval unless at least seven (7) of its members
determine
by vote that there is an overriding necessity to relinquish control of the
development
rights.
The commission shall hold at least one public hearing in a city or town from
which a
certificate
has been received, prior to its consideration of the petition, which shall be
announced
in one
newspaper of local circulation. The expenses, if any, of the hearing shall be
borne by the
petitioner.
If the commission approves the sale of the development rights, it shall receive
the
value of
the development rights at the time of this sale, to be determined in the same
manner as
provided
for by subsection (d). Proceeds of the sale shall be returned to the
agricultural land
preservation
fund.
SECTION
6. Sections 42-125-4, 42-125-5 and 42-125-6 of the General Laws in Chapter
42-125
entitled "Rhode Island Greenways Act of 1995" are hereby amended to
read as follows:
42-125-4.
Establishment of council -- Purpose. -- There is authorized, created,
and
established
within the state of Rhode Island department of administration, division of
planning, a
state
greenways council known as "the state greenways council," with those
powers set forth in
this
chapter, for the purposes of coordinating activities among state departments
and agencies
engaged
in the creation and maintenance of greenways, cooperating with and providing
guidance
and
assistance to cities and towns, businesses, nonprofit organizations, citizen
groups, and
individuals
in the creation and maintenance of greenways, and providing public information
about
the location of recreational and cultural resources and greenways in the state.
The director
of
the department of administration shall direct staff to support the council
within the constraints
of
available resources.
42-125-5.
Council created -- Appointment of members. -- The greenways council
shall
consist
of seven (7) members to be appointed in the following manner:
Two (2) members shall represent the public and shall be appointed by the
governor with
the
advice and consent of the senate; one
member shall be a city or town official and shall be
appointed
by the governor; one member shall be the director of administration, or his or
her
designee;
one member shall be the executive director of the department of
economic development
the
economic development corporation, or
his or her designee who shall be a subordinate within
the
economic development corporation who shall serve as a nonvoting ex officio
member; one
member
shall be the director of the department of environmental management, or his or
her
designee
who shall be a subordinate within the department of environmental management;
and
one
member shall be the director of the department of transportation, or his or her
designee who
shall
be a subordinate within the department of transportation. The governor shall appoint one
member
of the council to be the chairperson of the council. No one shall be eligible for
appointment
unless he or she is a resident of this state. The members of the council shall
serve
without
compensation. Those members of the council as of the effective date of this act
who
were
appointed to the council by the governor shall continue to serve the balance of
their current
terms.
Thereafter, members shall be appointed to three (3) year terms. All
appointments made
under
this section after the effective date of this act shall be subject to the
advice and consent of
the
senate.
42-125-6.
Powers and duties. -- The council has the following powers:
(1) To be entitled to ask for and receive from any commission, board, officer
or agency
of the
state any information, cooperation, assistance, and advice as shall be
reasonable and proper
in view
of the nature of the council's functions;
(2) To assess and evaluate the current programs and policies of the state as
they relate to
the
creation and maintenance of systems of greenways throughout the state and to
make
recommendations
regarding the coordination of activities within state government to create and
maintain
systems of greenways as part of the state's twenty-first century
infrastructure;
(3) To make any recommendations that may be necessary to the state planning
council to
maintain
a greenways element of the state guide plan as described in section 42-11-10;
(4) To make recommendations to the executive director of the department
of economic
development
corporation regarding the inclusion of greenways in programs to promote
tourism
and
encourage the location and development of recreational facilities as provided
for in section
42-63-2(a)
[repealed];
(5) To make recommendations to the director of the department of environmental
management
regarding the inclusion of greenways in (1) the department's cooperation with
the
department
of economic development corporation
in planning and promotional functions relating
to
recreation as provided for in section 42-17.1-2(f), and (2) the department's
general functions
relating
to parks and recreation, preservation of wetlands and habitat, and planning and
development
as provided for in section 42-17.1-4;
(6) To make recommendations to the director of the department of transportation
regarding
the inclusion of greenways in plans and implementation programs for
transportation as
provided
for in section 42-13-1;
(7) To provide advice and assistance to political subdivisions, businesses,
citizen groups,
and nonprofit
organizations regarding the creation and maintenance of greenways;
(8) To foster public involvement in greenways planning and development;
(9) To apply for, contract for, and expend federal and other grants or
assistance,
appropriate
to the purposes of this chapter, and
(10) To report its activities, findings, and recommendations to the governor
and the
general
assembly. To approve and submit an
annual report within ninety (90) days after the end
of
the 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, decisions rendered, studies conducted, policies developed, and
programs
administered
or initiated; a consolidated financial statement of all funds received and
expended
including
the source of the funds, a listing of any staff supported by these funds, and a
summary
of
any clerical, administrative or technical support received; a summary of
performance during
the
previous fiscal year including accomplishments, shortcomings and remedies; a
synopsis of
any
legal matters related to the authority of the council; a summary of any
training courses held
pursuant
to subsection 42-125-6(11), a briefing on anticipated activities in the
upcoming fiscal
year;
and findings and recommendations for improvements. The report shall be posted
as
prescribed
in section 42-20-8.2. The director of the department of administration shall be
responsible
for the enforcement of this provision.
(11)
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 chair of the council, approved by the council, and
conducted by
the
chair of the council. The council may approve the use of any council or staff
members of
other
individuals to assist with training. The course shall include instruction in
the following
areas:
the provisions of chapter 42-125; section 42-11-10; subsections 42-17.1-2(f),
and (2);
section
42-17.1-4; section 42-13-1; chapter 42-46; chapter 36-14; chapter 38-2; and the
council's
operating
procedures. 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 42-46, 36-14 and 38-2.
SECTION
7. Chapter 42-125 of the General Laws entitled "Rhode Island Greenways Act
of
1995" is hereby amended by adding thereto the following sections:
42-125-5.1.
Terms, quorums, vacancies, and removal of members. – During the
month
of January in each year, the governor shall appoint a member to succeed the
departing
member.
The newly appointed member will serve for a term of three (3) years commencing
on
the
first day of February. The members of the council shall be eligible to succeed
themselves.
Members
shall serve until their successors are appointed and qualified. Any vacancy
which may
occur
in the council shall be filled by the governor, for the remainder of the
unexpired term in the
same
manner as the members predecessor as described in section 42-125-5. Four (4)
members of
the
council shall constitute a quorum. A majority vote of those present and voting
shall be
required
for action. No vacancy in the membership of the council shall impair the right
of
quorum
to exercise all of the rights and perform all of the duties of the council.
Members of the
council
shall be removable by the governor prior to the expiration of a term for cause
only, and
removal
solely for partisan or personal reasons unrelated to capacity or fitness for
the office shall
be
unlawful.
42-125-5.2.
Chair and other officers. – Upon the passage of this act, the council
shall
elect
from among its members a chair. Thereafter, the council shall annually elect in
February a
chair
from among the members. The council may elect from among its members such other
officers
as it deems necessary.
SECTION
8. Sections 46-28-4, 46-28-5, 46-28-6, 46-28-7 and 46-28-9 of the General
Laws in
Chapter 46-28 entitled "The Rhode Island Rivers Council" are hereby
amended to read
as
follows:
46-28-4.
Establishment of council -- Purpose. -- There is hereby authorized, created,
and
established within the executive department as an associated function,
as defined in section
46-28-10, of the water resources board, established pursuant to
chapters 15 and 15.1 of this title, a
Rhode
Island Rivers Council known as "the Rhode Island 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 section 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 Rhode Island bays, rivers and
watersheds
coordination
team, 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. -- 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 (a) Such
council shall consist of fifteen (15) members to
be
appointed in the following manner:
(i) Five (5) (1) Nine (9) 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 of whom shall be a member of a chamber
of
commerce within Rhode Island, three (3) of whom shall be people who have
experience with
relevant
not-for-profit groups such as local land trusts or conservation commissions,
two (2) of
whom
shall have experience in environmental law, environmental science or planning,
and one of
whom
shall have experience in communication, public outreach or education; one member shall
be the
general manager of the water resources board or his or her designee who
shall be a
subordinate
within the water resources board who shall serve as a nonvoting ex officio
member;
one member
shall be the director of the department of environmental management or his or
her
designee
who shall be a subordinate within the department of environmental management;
one
member
shall be the executive director of coastal resources management council or his
or her
designee
who shall be a subordinate within the coastal resources management council
who shall
serve
as a nonvoting ex officio member; one
member shall be the director of the department of
administration
or his or her designee who shall be a subordinate within the department of
administration; one member shall be the executive director of the
economic development
corporation
or his or her designee who shall be a subordinate within the economic
development
corporation
who shall serve as a nonvoting ex officio member; and one member shall be the
president
of the Rhode Island league of cities and towns or his or her designee who
shall serve as
a
nonvoting ex officio member.
(ii) (2) All duly appointed members as of January 1, 2005,
whose appointments were not
vacated
by a change in appointing authority the
passage of this act, shall continue as members
until
the expiration of their term or until their successors are duly appointed
and qualified. Upon
expiration
of the terms of members of the council who were appointed by the governor or
the
lieutenant
governor prior to the effective date of this act, new members shall be
appointed by the
governor
as prescribed in subsection 46-28-5(a).
Members shall be appointed during the month of
January
of each year by the appointing authority governor 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. Members shall serve until their successors are
appointed and
qualified. The term of appointed members shall be three (3)
years. The members of the council
shall
be eligible to succeed themselves. The members of the council shall serve
without
compensation.
No one shall be eligible for appointment unless he or she is a resident of this
state.
46-28-6.
Officers of the council. -- Officers of the council and quorum. --
Forthwith
and
annually in the month of June thereafter, the council shall elect one of its
members as a
chairperson
and one of its members as vice-chairperson. Upon the passage of this act, the council
shall
elect from among the members a chair and a vice-chair. Thereafter, the council
shall
annually
elect in February a chair and vice-chair from among the members. The council
may elect
from
among its members such other officers as they deem necessary. Six (6) voting
members of
the
council shall constitute a quorum. A majority vote of those present and voting shall
be
required
for action.
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, 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;
(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 , the speaker of the house and
president of the senate;
(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.;
(12)
To apply for and accept grants, donations, loans of funds, and contributions of
money,
services, materials or otherwise from any federal, state or local agency, from
any public
or
private foundation, or individual or from any other source, in order to carry
out the purposes of
this
chapter; and
(13)
To conduct a training course for newly appointed and qualified members of the
council
and new designees of ex officio members within six (6) months of their
qualification or
designation.
The course shall be developed by the chair of the council, approved by the
council
and
conducted by the chair of the council. The council may approve the use of any
council or
staff
members or other individuals to assist with training. The course shall include
instruction in
the
following areas: the provisions of chapters 46-28, 42-46, 36-14 and 38-2; and
the council's
operating
procedures, 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 42-46, 36-14 and 38-2.
46-28-9.
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. Within ninety
(90) days after
the end
of each fiscal year, the council shall approve and submit an annual report 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,
decisions
rendered,
rules or regulations promulgated, studies conducted, policies and plans
developed,
approved,
or modified, and programs administered or initiated; a summary of the
activities of
each
designated local watershed; a consolidated financial statement of all funds
received and
expended
including the source of the funds, a listing of any staff supported by these
funds, and a
summary
of any clerical, administrative or technical support received; a summary of
performance
during
the previous fiscal year including accomplishments, shortcomings and remedies;
a
synopsis
of hearings, complaints, suspensions or other legal matters related to the
authority of the
council;
a summary of any training courses held pursuant to subsection 46-28-7(13); a
briefing on
anticipated
activities in the upcoming fiscal year; findings and recommendations for
improvements;
and a summary of progress made by the council in the implementation of the
system-level
plan as described in section 46-31-5. The report shall be posted electronically
as
prescribed
in section 42-20-8.2. The director of the department of administration shall be
responsible
for the enforcement of this provision.
(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.
(c) 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.
SECTION
9. Chapter 46-28 of the General Laws entitled "The Rhode Island Rivers
Council"
is hereby amended by adding thereto the following section:
46-28-5.1.
Removal of members. – Members of the council shall be removable by
the
governor
pursuant to section 36-1-7 of the general laws and for cause only, and removal
solely
for partisan
or personal reasons unrelated to capacity or fitness for the office shall be
unlawful.
SECTION
10. Severability. If any provision of this act or the application thereof to
any
person
or circumstances is held invalid shall not affect other provisions or
applications of the act,
which
can be given effect without the invalid provision or application, and to this
end the
provisions
of this act are declared to be severable.
SECTION
11. This act shall take effect upon passage.
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LC00334
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