Chapter 126
2006 -- H 6752
AS AMENDED
Enacted 06/16/06
A N A C T
RELATING
TO WATERS AND NAVIGATION -- WATER RESOURCES BOARD
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. Section
46-15-21 of the General Laws in Chapter 46-15 entitled "Water
Resources Board" is hereby amended to read
as follows:
46-15-21. Annual
report. Reporting requirements. -- In the month of January, the
board shall make an annual report to the
governor and to the general assembly of its activities for
the preceding fiscal year. Each report shall set
forth a complete statement covering its operations
during the year. (a) 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,
and the president of the senate and the
secretary of state of its activities during that fiscal year.
The report shall provide: a summary of the
board’s meetings including when the board and its
committees met, subjects addressed, decisions
rendered and meeting minutes; a summary of the
board’s actions including a listing of the
proposals and plans for public water supply systems
received; hearings held, findings, assessments,
recommendations, and decisions rendered
concerning proposed projects for public water
supply systems; water supply studies conducted;
consents issued for transport of water to
another state; decisions rendered requiring or authorizing
a water supplier to provide water to other water
supply systems; rules and regulations
promulgated; violations and penalties assessed;
actions taken to abate nuisances or restrain or
prevent violations, and any actions taken to
investigate the activities of municipal water
departments, special water districts or private
water companies; a synopsis of the hearings,
complaints, suspensions, or other legal matters
related to the authority of the board; a summary of
any training courses held pursuant to
subdivision 46-15.1-5.2(2); a consolidated financial
statement of all funds received and expended by
the board including the source of the funds; a
listing of the staff and/or consultants employed
by the board; and a listing of findings and
recommendation derived from board activities.
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 the
provisions of this subsection.
(b) Within
ninety (90) days of the end of the fiscal year 2006, and by March 31 of each
year thereafter, the board shall submit to the
governor, the speaker of the house of representatives,
and the president of the senate an annual work
plan for the upcoming fiscal year. Said annual
work plan shall list the tasks the board plans
on working on over the course of the upcoming
fiscal year including a description of how the
elements are consistent with and supportive of the
systems level plan developed and implemented by
the Rhode Island Bays, Rivers, and
Watersheds Coordination Team, as prescribed in section
46-31-5.
(c) Within
ninety (90) days of the end of the fiscal year 2006, and within ninety (90)
days
after the end of each fiscal year thereafter,
the board shall submit to the governor, the speaker of
the house of representatives, the president of
the senate and the secretary of state an annual
performance report for that fiscal year. Said
report shall describe and evaluate the successes and
shortcomings of the implementation of the annual
work plan pertaining to that fiscal year, and
shall include a summary of progress made
in the following areas: formulation and maintenance of
a long range guide plan and implementing program
for the development of major water resources
and transmission systems, as prescribed in
section 46-15-13; promulgation of an emergency plan
for water supplies in the event of a water
emergency declaration by the governor, as prescribed in
section 46-15-14; and actions undertaken for the
cooperative development, conservation, and use
of state water resources, as prescribed in
section 46-15-13. 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 the
provisions of this subsection.
SECTION 2.
Sections 46-15.1-1, 46-15.1-2, 46-15.1-2.3, 46-15.1-2.4 and 46-15.1-21 of
the General Laws in Chapter 46-15.1 entitled
"Water Supply Facilities" are hereby amended to
read as follows:
46-15.1-1.
Legislative declaration -- Water resources board (corporate) -- Applicable
sections. -- The findings and
declarations made by section 46-15-1 are hereby made applicable to
this chapter.
The water
resources board (corporate) under this chapter constitutes a body politic and
corporate and a public instrumentality of the
state having a distinct legal existence from the state
and not constituting a department of state
government.
The following
sections also apply to the water resources board, the state agency: sections
46-15.1-1.1, 46-15.1-2(a), 46-15.1-2.2, 46-15.2-3,
46-15.1-2.4, 46-15.1-4.1, 46-15.1-5(15) -- (25),
46-15.1-20 and 46-15.1-21.
46-15.1-2.
Board created -- Appointment of members. -- (a) There is hereby
authorized, created and established a water
resources board consisting of thirteen (13) fifteen (15)
members as follows: Five (5) Eleven
(11) members shall represent the public and shall be
appointed by the governor with advice and
consent of the senate as herein provided, at least two
(2) of whom shall be affiliated with public
water systems in Rhode Island; one member shall be
from the house of representatives who shall be
appointed by the speaker of the house of
representatives and one member shall be from the
senate who shall be appointed by the president
of the senate; one member to be selected by the
Rhode Island agricultural council established
pursuant to the provisions of chapter 3 of title
2 and of
whom shall be a person who is actively
engaged in the agricultural business, preferably
an owner and/or operator of an agricultural
business; ,with respect to which
appointment the governor shall give due consideration to the
recommendation of the Rhode Island Agricultural
Council established pursuant to the provisions
of chapter 3 of title 2; one of whom shall be a
representative of a conservation organization, with
respect to which appointment the governor shall
give due consideration to the recommendation of
the Environment Council of Rhode Island; one of
whom shall be a professional with expertise in
one or more of the following fields: geology,
hydrology, or engineering; one of whom shall be a
representative of a large public water system;
one of whom shall be a representative of a small
public water system; one of whom shall be a
representative of a large water user; and one of
whom shall be a representative of small water
user; one of who shall be a professional with
expertise in financial planning and/or
investment; and three (3) of whom shall be members of the
general public. The public members shall be
chosen as far as is reasonably practicable to
represent the drought regions of the state as
specified in the Rhode Island Drought Management
Plan. No person shall be eligible for
appointment to the board unless he or she is a resident of this
state. the The remaining five (5)
four (4) members are the director of environmental management,
the director of the Rhode Island economic
development corporation who shall serve as a
nonvoting ex officio member, the director of
the chief of the division of planning within the
department of administration who shall serve
as a nonvoting ex officio member, and the director
of the department of health,. and
the chairperson of the joint committee on water resources all of
whom shall serve ex officio. When this chapter
shall take effect, the governor shall appoint one of
the public members of the board to serve until
the first day of March, 1992, two (2) members to
serve until the first day of March, 1993, two
(2) members to serve until the first day of March,
1994, and all to Members shall
serve until their successors are appointed and qualified and shall
be eligible to succeed themselves. In the month of
February, 1992, and in the month of February
in each year thereafter, the governor,
with the advice and consent of the senate, shall appoint
successors to the public members of the board
whose terms shall expire in such year, to hold
office commencing on the first day of March
in the year of appointment day they are qualified
and until the first day of March in the third
year after their respective appointments and until their
respective successors are appointed and
qualified. The member selected by the Rhode Island
agricultural council shall be selected by the
executive committee of the Rhode Island agricultural
council in the month of February, to hold office
commencing on the first day of March in the year
of appointment, and until the first day of March
in the third year after his or her respective
appointment and until his or her successor is
qualified and appointed.
(b) 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 and
the chairperson of the joint committee on
water resources shall cease to be members of the
board on the effective date of this act, and the
governor shall thereupon appoint five (5) new
public members pursuant to this section, one of
whom shall be a professional with expertise in
financial planning and/or investment; one of
whom shall be a professional with expertise in
one or more of the following fields: geology,
hydrology or engineering; and one of whom shall
be a representative of a conservation
organization appointed by the governor as
prescribed in this section. The member of the board
selected by the Rhode Island Agricultural
Council shall continue to serve the balance of his or her
term. Upon expiration of his or her term, the
governor shall appoint one member who is actively
engaged in the agricultural business, preferably
an owner and/or operator of an agricultural
business as prescribed in this section. 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 appointment shall
be made by the governor as prescribed in this
section.
(c) Any
vacancy which may occur in the board for a public member shall be filled by the
governor, with the advice and consent of the
senate, for the remainder of the unexpired term in
the same manner as the members predecessor as
prescribed in this section. Each ex-officio
member of the board may designate a subordinate
within his or her department, and the
chairperson of the joint committee on water
resources may designate a subordinate within his or
her department, and the chairperson of the joint
committee on water resources may designate a
member of the committee or a member of its staff to represent him or her
at all meetings of the
board.
(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.
(b)(e)
The water resources board is designated to carry out the provisions of this
chapter.
In exercising its powers under this chapter the
board constitutes a body politic and corporate and
a public instrumentality of the state having a
distinct legal existence from the state and not
constituting a department of the state
government. The board may take action under this chapter
at any meeting of the board. A member of the
board who is affiliated with a public water system
in Rhode Island, as provided in section 46-15-2,
shall not thereby be disqualified from acting as a
member of the board on a transaction under this
chapter with a public water system. Upon the
enactment of this chapter, and annually in the
month of March thereafter, the board shall choose a
treasurer to act as such under this chapter. The
treasurer need not be a member of the board or of
its staff and shall serve until his or her
successor is chosen and takes office, unless sooner
removed by the board with or without cause. In
the event of a vacancy in the office of treasurer,
the board shall fill the vacancy for the
unexpired term.
(c)(f)
Nothing contained herein shall be construed as terminating or discontinuing the
existence of the water resources board as it
exists prior to July 1, 1993 for purposes of chapters
15.1, 15.2, and 15.3 of this title, and the
water resources board created hereby shall be and shall
be deemed to be a continuation of the water resources
board as it existed prior to July 1, 1993 for
the purposes enumerated in chapters 15.1, 15.2,
and 15.3 of this title. Nothing contained herein
shall affect the bonding or financing authority
of the water resources board as it exists prior to
July 1, 1993 nor shall anything contained herein
be construed as terminating, altering,
discontinuing, or in any way impairing the
bonding or financing power of the water resources
board as it exists under chapters 15.1, 15.2,
and 15.3 of this title prior to July 1, 1993.
46-15.1-2.3.
Officers of the board -- Quorum and vote required for action. --
Forthwith, and upon the enactment of this
chapter, and annually in the month of March,
thereafter, the board shall elect one of its
public members as chairperson, one of its public
members as vice chairperson, and shall also
elect a secretary either from its membership or its
technical staff. The board may elect from
among its members such other officers as it deems
necessary. Seven (7) voting members of the
board constitutes a quorum. and the vote of seven (7)
members is necessary for any action taken by the
board. A
majority vote of those present and
voting shall be required for action. No vacancy in the
membership of the board shall impair the
right of a quorum to exercise all the rights and
perform all of the duties of the board.
46-15.1-2.4.
Compensation of members. -- (a) The members of the board, including
the
chairperson may receive compensation in the
amount of fifty dollars ($50.00) for each day or
portion thereof of actual service in attending
meetings of the board in which business is
transacted. The members of the board shall serve
without compensation.
(b) The members
of the board may also be reimbursed for their actual expenses
necessarily incurred in the performance of their
duties.
46-15.1-21.
Annual report of water provider. -- Each water providing and water
supply
company both public and private doing business
in this state shall forward an annual report to the
Joint Committee on Water Resources governor, speaker of
the house of representatives, the
president of the senate and secretary of state setting forth the
status of any water supply within the
company's jurisdiction and control.,
and progress made towards achieving the goals of the entity's
water supply management plan as prescribed in
sections 46-15.3-5.1 and 46-15.3-7.
SECTION 3. Chapter
46-15.1 of the General Laws entitled "Water Supply Facilities" is
hereby amended by adding thereto the following
sections:
46-15.1-1.1.
Definitions. -- (a) “Large public water system” means a water
supplier that
pumps more than fifty million (50,000,000)
gallons of water per year pursuant to section 46-15.3-
5.1.
(b) “Small public
water system” means a water supplier that pumps less than fifty million
(50,000,000) gallons per year.
(c) “Large
water user” means a water user that withdraws more than three million
(3,000,000) gallons per year, which is
equivalent to eight thousand two hundred (8,200) gallons
per day.
(d) “Small
water user” means a water user that withdraws less than three million
(3,000,000) gallons per year, which is
equivalent to eight thousand two hundred (8,200) gallons
per day.
46-15.1-5.2.
Duties of the board. -- The board shall have the following
additional duties:
(a) Within
ninety (90) days after the end of each fiscal year, the board (corporate) shall
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: a summary of the board's (corporate)
meetings including when the board (corporate)
met, subjects addressed, and decisions rendered;
a summary of the board's (corporate) actions
including a listing of entities for which water
supply facilities were established, leased, contracted
for the use of, or which received water sold
from such facilities; bonds and notes issued; grants or
loans applied or contracted for; funds invested
or deposited; assets acquired; assets sold, leased,
or conveyed to municipal water agencies,
departments, special water districts, or private water
companies; contracts entered into to supply raw
or processed water; trust agreements entered into
with corporate trustees; actions taken in
support of the work of the Rhode Island Rivers Council;
a synopsis of any law suits or other legal
matters related to the authority of the board (corporate);
a consolidated financial statement of all funds
received and expended by the board (corporate)
including the source of the funds; a listing of
the staff and/or consultants employed by the board
(corporate); a summary of performance during the
previous fiscal year including
accomplishments, shortcomings and remedies; and
a listing of findings and recommendation
derived from board (corporate) activities. The
report shall be posted electronically on the general
assembly and the secretary of state's website as
prescribed in section 42-20-8.2. The director of
the department of administration shall be
responsible for the enforcement of the provisions of this
section.
(b) The board
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 general manager, approved by the board, and
conducted by the general manager. 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
46-13, 46-14, 46-15, 46-15.1, 46-15.2, 46-15.3, 46-
15.4, 46-15.5, 46-15.6, 46-15.7, 42-46, 38-2 and
36-14; 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 4. This
act shall take effect upon passage.
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LC00335/3
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