Chapter
340
2007 -- H 5357 SUBSTITUTE A
Enacted 07/07/07
A N A C T
RELATING
TO STATUTES AND STATUTORY CONSTRUCTION
Introduced
By: Representative Peter F. Kilmartin
Date
Introduced: February 07, 2007
It is enacted by the General Assembly as
follows:
SECTION 1. Section
44-20-13.2 of the General Laws in Chapter 44-20 entitled
"Cigarette Tax" is hereby amended to
read as follows:
44-20-13.2.
Tax imposed on smokeless tobacco, cigars, and pipe tobacco products. --
(a) A tax is imposed on all smokeless tobacco,
cigars, and pipe tobacco products sold or held for
sale in the state by any person, the payment of
the tax to be accomplished according to a
mechanism established by the administrator, division
of taxation, department of administration.
Any tobacco product on which the proper amount
of tax provided for in this chapter has been
paid, payment being evidenced by a stamp, is not
subject to a further tax under this chapter. The
tax imposed by this section shall be as follows:
(1) At the rate
of forty percent (40%) of the wholesale cost of cigars, pipe tobacco
products and smokeless tobacco other than snuff.
(2)
Notwithstanding the forty percent (40%) rate in subsection (a) above, in the
case of
cigars, the tax shall not exceed fifty cents
($.50) for each cigar for the period July 1, 2006 through
June 30, 2008.
(3) At the rate
of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like
rate on all fractional parts of an ounce
thereof. Such tax shall be computed based on the net
weight as listed by the manufacturer, provided,
however, that any product listed by the
manufacturer as having a net weight of less than
1.2 ounces shall be taxed as if the product has a
net weight of 1.2 ounces.
(b) The
proceeds collected are paid into the general fund.
SECTION 2. Section
5-80-9 of the General Laws in Chapter 5-80 entitled "Mortgage
Foreclosure Purchasers" is hereby amended
to read as follows:
5-80-9.
Enforcement. -- (a) Remedies. -- A violation of sections 5-80-1 --
5-80-8 is
considered to be a violation of section 6-13.1-2
and all the remedies of section 6-13.1-5.2 are
available for such an action. A private right of
action under section 6-13.1-5.2 by a foreclosed
homeowner is in the public interest.
(b) Exemplary
damages. -- In a private right of action under section 6-13.1-5.2 for a
violation of section 5-80-8, the court may award
exemplary damages of any amount. In the event
the court determines that an award of exemplary
damages is appropriate, the amount of
exemplary damages awarded shall not be less than
one and one half (1 1/2) times the foreclosed
homeowner's actual damages. Any claim for
exemplary damages brought pursuant to this section
must be commenced within four (4) years after
the date of the alleged violation.
(c) Remedies
cumulative. -- The remedies provided in this section are cumulative and do
not restrict any remedy that is otherwise available.
The provisions of sections 5-80-1 -- 5-80-9 are
not exclusive and are in addition to any other
requirements, rights, remedies and penalties
provided by law.
(d) Criminal
penalty. -- Any foreclosure purchaser who engages in any practice which
would operate as a fraud or deceit upon a
foreclosed homeowner may, upon conviction, be fined
not more than fifty thousand dollars ($50,000)
or imprisoned not more than one year, or both.
Prosecution or conviction for any one of the
violations does not bar prosecution or conviction for
any other offenses.
(e) Failure of
transaction. -- Failure of the parties to complete the reconveyance
transaction, in the absence of additional
misconduct, shall not [be] subject a foreclosure purchaser
to the criminal penalties under section 5-79-7
or 5-80-9.
(f) Limitation.
-- Notwithstanding any other provisions of this section, no action may be
brought on the basis of a violation of sections
5-80-1 -- 5-80-9, except by an owner against whom
the violation was committed or by the department
of attorney general.
SECTION 3. Section
5-79-6 of the General Laws in Chapter 5-79 entitled "Mortgage
Foreclosure Consultant Regulation" is
hereby amended to read as follows:
5-79-6.
Remedies. -- (a) Any violation of sections 5-79-1 -- 5-79-9 is
considered to be a
violation of section 6-13.1-2, and all remedies
of section 6-13.1-5.2 are available for such an
action. A private cause of action under section
6-13.1-5.2 by a foreclosed homeowner is in the
public interest. An owner may bring an action
against a foreclosure consultant for any violation of
sections 5-79-1 -- 5-79-9. Any judgment against
the mortgage foreclosure consultant shall include
actual damages, reasonable attorney fees and
costs, and appropriate equitable relief.
(b) The court may
award punitive damages up to one and one half (1 1/2) times the
compensation charged by the foreclosure
consultant if the court finds that the foreclosure
consultant violated the provisions of subsections
5-79-4(1), (2) or (4), and the foreclosure
consultant's conduct was in bad faith.
(c) The rights
and remedies provided in paragraph (a) are cumulative to, and not a
limitation of, any other rights and remedies
provided by law.
(d) Any action
brought pursuant to this section must be commenced within four (4) years
from the date of the alleged violation.
(e)
Notwithstanding any other provision of this section, no action may be brought
on the
basis of a violation of sections 5-79-1 --
5-79-9, except by an owner against whom the violation
was committed or by the department of attorney
general.
SECTION 4. Section
31-41.1-4 of the General Laws in Chapter 31-41.1 entitled
"Adjudication of Traffic Offenses" is
hereby amended to read as follows:
31-41.1-4.
Schedule of violations. -- (a) The penalties for violations of the
enumerated
sections, listed in numerical order, correspond
to the fines described. However, those offenses for
which punishments which may vary according to
the severity of the offense, or punishment which
require the violator to perform a service, shall
be heard and decided by the traffic tribunal or
municipal court. The following violations may be
handled administratively through the method
prescribed in this chapter. This list is not
exclusive and jurisdiction may be conferred on the
traffic tribunal with regard to other
violations.
VIOLATIONS
SCHEDULE
8-8.2-2 DOT, DEM,
or other agency and department $75.00
violations
24-10-17
Soliciting rides in motor vehicles 40.00
24-10-18 Backing
up prohibited 75.00
24-10-20 Park and
ride lots 75.00
31-3-12 Visibility
of plates 75.00
31-3-18 Display of
plates 75.00
31-3-32 Driving
with expired registration 75.00
31-3-34 Failure to
notify division of change of address 75.00
31-3-35 Notice of
change of name 75.00
31-3-40 Temporary
plates - dealer issued 75.00
31-4-3 Temporary
registration - twenty (20) day bill of sale 75.00
31-10-10 Rules as
to armed forces license 75.00
31-10-30 Driving
on expired license 75.00
31-10-32 Notice of
change of address 75.00
31-10.1-4 No
motorcycle helmet (operator) 60.00
31-10.1-5
Motorcycle handlebar violation 75.00
31-10.1-6 No
motorcycle helmet (passenger) 75.00
31-10.1-7
Inspection of motorcycle required 75.00
31-12-12 Local
motor vehicle ordinance 75.00
31-13-04 Obedience
to devices 75.00
31-13-6(3)(i)
Eluding traffic light 75.00
31-13-09 Flashing
signals 75.00
31-13-11 Injury to
signs or devices 75.00
31-14-1 Reasonable
and prudent speed 85.00
31-14-03 Condition
requiring reduced speed 85.00
31-14-09 Below
minimum speed 85.00
31-14-12 Speed
limit on bridges and structures 85.00
31-15-1 Leaving
lane of travel 75.00
31-15-2 Slow
traffic to right 75.00
31-15-3 Operator
left of center 75.00
31-15-4 Overtaking
on left 75.00
31-15-5(a)
Overtaking on right 75.00
31-15-6 Clearance
for overtaking 75.00
31-15-7 Places
where overtaking prohibited 75.00
31-15-8 No passing
zone 75.00
31-15-9 One way
highways 75.00
31-15-10 Rotary
traffic islands 75.00
31-15-11 Laned
roadway violation 75.00
31-15-12 Following
too closely 75.00
31-15-12.1
Entering intersection 75.00
31-15-13 Crossing
center section of divided highway 75.00
31-15-14 Entering
or leaving limited access roadways 75.00
31-15-16 Use of
emergency break-down lane for travel 75.00
13-15-17 Crossing
bicycle lane 75.00
31-16-1 Care in
starting from stop 75.00
31-16-2 Manner of
turning at intersection 75.00
31-16-4 U turn
where prohibited 75.00
31-16-5 Turn
signal required 75.00
31-16-6 Time of
signaling turn 75.00
31-16-7 Failure to
give stop signal 75.00
31-16-8 Method of
giving signals 75.00
31-16.1-3 Diesel
vehicle idling rules first offense not to exceed 100.00
second and
subsequent offense not
to exceed 500.00
31-17-1 Failure to
yield right of way 75.00
31-17-2 Vehicle
turning left 75.00
31-17-3 Yield
right of way (intersection) 75.00
31-17-4 Obedience
to stop signs 75.00
31-17-5 Entering
from private road or driveway 75.00
31-17-8 Vehicle
within right of way, rotary 75.00
31-17-9 Yielding
to bicycles on bicycle lane 75.00
31-18-3 Right of
way in crosswalks 75.00 first
violation
100.00 second
violation or any subsequent
violation
13-18-5 Crossing
other than at crosswalks 75.00
31-18-8 Due care
by drivers 75.00
31-18-12
Hitchhiking 75.00
31-18-18 Right of
way on sidewalks 75.00
31-19-3 Traffic
laws applied to bicycles 75.00
31-19-20 Sale of
new bicycles 75.00
31-19-21 Sale of
used bicycles 75.00
31-19.1-2
Operating motorized bicycle on an interstate 75.00
highway
31-19.2-2
Operating motorized tricycle on an interstate 75.00
highway
31-20-1 Failure to
stop at railroad crossing 75.00
31-20-2 Driving
through railroad gate 75.00
31-20-9 Obedience
to stop sign 75.00
31-21-4 Places
where parking or stopping prohibited 75.00
31-21-14 Opening
of vehicle doors 45.00
31-22-2 Improper
backing up 75.00
31-22-4
Overloading vehicle 75.00
31-22-5 Violation
of safety zone 75.00
31-22-6 Coasting
75.00
31-22-7 Following
fire apparatus 75.00
31-22-8 Crossing
fire hose 75.00
31-22-9 Throwing
debris on highway - snow removal 75.00
31-22-11.5
Improper use of school bus – not to exceed
five hundred
dollars ($500)
for each day of
improper use
31-22-22(a) No
child restraint 75.00
31-22-22(a) Child
restraint/seat belt but not in any rear 75.00
seating position
31-22-22(b), (f)
No seat belt - passenger 75.00
31-22-22(g) No
seat belt - operator 75.00
31-22-23 Tow
trucks - proper identification 275.00
31-22-24 Operation
of interior lights 75.00
31-23-1(d)(b)
2 U.S. department of transportation motor carrier $125.00 Not less
than
$25.00 or more
than
safety rules and
regulations $500.00
31-23-1 (e)(6)
Removal of an "out of service vehicle" 125.00
sticker
31-23-1 (e)(7)
Operation of an "out of service vehicle" 100.00
31-23-4 Brake
equipment required 75.00
31-23-8 Horn
required 75.00
31-23-10 Sirens
prohibited 75.00
31-23-13 Muffler
required 75.00
31-23-13.1
Altering height or operating a motor vehicle
with an altered
height 75.00
31-23-14
Prevention of excessive fumes or smoke 75.00
31-23-16
Windshield and window stickers (visibility) 75.00
31-23-17
Windshield wipers 75.00
31-23-19 Metal
tires prohibited 75.00
31-23-20
Protuberances on tires 75.00
31-23-26 Fenders
and wheel flaps required 75.00
31-23-27 Rear
wheel flaps on buses, trucks and trailers 75.00
31-23-29 Flares or
red flag required over four thousand
pounds (4,000
lbs.) 75.00
31-23-40 Approved
types of seat belt requirements 75.00
31-23-42.1 Special
mirror - school bus 75.00
31-23-43 Chocks
required (1 pair) - over four thousand
pounds (4,000
lbs.) 75.00
31-23-45 Tire
treads - defective tires 75.00
31-23-47 Slow
moving emblem required 75.00
31-23-49
Transportation of gasoline - passenger vehicle 75.00
31-23-51 Operating
bike or motor vehicle wearing 60.00 first
ear phones) offense
70.00 second
offense 140.00
for the
third and each
subsequent
offense
31-24-1 Times when
lights required 75.00
through 31-24-53
31-24-54
31-24-53 Safety
lights required on food vending vehicles 75.00
31-24-5
Headlamp required on motorcycle 75.00
31-24-31
Flashing lights - permit required 75.00
31-24-34
Failure to dim lights 75.00
31-24-45 Red
flag required, load projecting four feet 75.00
(4') rear
31-25-03 Maximum
width of one hundred and two
inches
(102") exceeded 75.00
31-25-04 Maximum
height of one hundred
sixty-two inches
(162") exceeded 75.00
31-25-06 Maximum
number and length of coupled vehicles 500.00
31-25-07 Load
extending three feet (3') front, six feet 75.00
(6') rear
exceeded
31-25-9 Leaking
load 75.00
31-25-11
Connections between coupled vehicles 75.00
31-25-12 Towing
chain, twelve inch (12") square flag 75.00
required
31-25-12.1 Tow
truck - use of lanes (first offense) 50.00 first offense 75.00
second offense
100.00 for the
third and each
subsequent
offense
31-25-14(d)(1)
Maximum weight and tandem axles 125.00
31-25-14(d)(2)
Maximum weight and tandem axles 125.00
31-25-14(d)(3)
Maximum weight and tandem axles 125.00
31-25-16(c)(1)(2)
Maximum weight shown in registration 65.00
per thousand
lbs. overweight
or portion
thereof.
31-25-16(c)(2)
( 3) Maximum weight shown in registration 125.00
per thousand
lbs. overweight
or portion
thereof.
31-25-16(c)(3)
(4) Maximum weight shown in registration 1,025.00
plus $125.00
per thousand
lbs. overweight
or portion
thereof.
31-25-17
Identification of trucks and truck-tractors 50.00 (first
offense) 75.00
(second
offense)
125.00 for the
third and
subsequent
offenses
31-25-24 Carrying
and inspection of excess load limit 175.00
31-27-2.3 Refusal
to take preliminary breath test 75.00
31-28-7(d) Wrongful
use of handicapped parking placard 500.00
31-28-7(f)
Handicapped parking space violation:
First offense
100.00
Second offense
175.00
Third offense and
subsequent offenses 325.00
31-28-7.1(e)
Wrongful use of institutional handicapped
parking placard
125.00
31-33-2 Failure to
file accident report 45.00
31-36.1-17 No fuel
tax stamp (out-of-state) 75.00 and not
exceeding
($100) for
subsequent offenses
31-38-3 No
inspection sticker 75.00
31-38-4 Violation
of inspection laws 75.00
31-47.2-06
Heavy-duty vehicle emission inspections:
First offense
125.00
Second offense
525.00
Third and
subsequent offenses 1,025.00
37-15-7 Littering not
less than
($55.00)
not more than
five hundred
dollars
($500)
39-12-26 Public
carriers violation 75.00
SPEEDING Fine
(A) One to ten miles per hour (1-10 mph)
in
excess of posted speed limit 85.00
(B) Eleven miles per hour (11 mph) in
excess
of posted speed limit with a fine
of
ten dollars ($10.00) per mile in excess 195.00
of
speed limit shall be assessed. minimum
(b) In addition to
any other penalties provided by law, a judge may impose the following
penalties for speeding:
(1) For speeds up
to and including ten miles per hour (10 mph) over the posted speed
limit on public highways, a fine as provided for
in subsection (a) of this section for the first
offense, ten dollars ($10.00) per mile for each
mile in excess of the speed limit for the second
offense if within twelve (12) months of the
first offense, and fifteen dollars ($15.00) per mile for
each mile in excess of the speed limit for the
third and any subsequent offense if within twelve
(12) months of the first offense. In addition,
the license may be suspended up to thirty (30) days.
(2) For speeds in
excess of ten miles per hour (10 mph) over the posted speed limit on
public highways, a mandatory fine of ten dollars
($10.00) for each mile over the speed limit for
the first offense, fifteen dollars ($15.00) per
mile for each mile in excess of the speed limit for the
second offense if within twelve (12) months of
the first offense, and twenty dollars ($20.00) per
mile for each mile in excess of the speed limit
for the third and subsequent offense if within
twelve (12) months of the first offense. In
addition, the license may be suspended up to sixty (60)
days.
(c) Any person
charged with a violation who pays the fine administratively pursuant to
chapter 8.2 of title 8 shall not be subject to
any additional costs or assessments, including, but not
limited to, the hearing fee established in §
8-18-4 or assessment for substance abuse prevention.
SECTION 5. Section
31-44-22 of the General Laws in Chapter 31-44 entitled “Mobile
and Manufactured Homes” is hereby amended to
read as follows:
31-44-22.
Sale price recording. [Effective April 1, 2007.]. -- Every deed
presented for
recording due to the sale of property, which
results in the transfer in ownership of the property,
shall contain or have endorsed upon it the total
dollar amount of the actual sale, which shall be
recorded as part of the deed. A city or town
clerk may decline to accept a deed for recording if the
deed is not in compliance with this section.
Failure to comply with this section shall not effect
affect the validity of any deed.
SECTION 6. Section
31-11-1.4 of the General Laws in Chapter 31-11 entitled “Form
and Effect of Conveyances” is hereby amended to
read as follows:
34-11-1.4.
Sale price recording. [Effective April 1, 2007.]. -- Every deed
presented for
recording due to the sale of property, which
results in the transfer in ownership of the property,
shall contain or have endorsed upon it the total
dollar amount of the actual sale, which shall be
recorded as part of the deed. A city or town
clerk may decline to accept a deed for recording if the
deed is not in compliance with this section.
Failure to comply with this section shall not effect
affect the validity of any deed.
SECTION 7. Section
42-4-2 of the General Laws in Chapter 42-4 entitled “State
Emblems” is hereby amended to read as follows:
42-4-2.
State seal. -- There shall continue to be one seal for the public use
of the state;
the form of an anchor shall be engraven engraved
thereon; the motto thereof shall be the word
"Hope"; and in a circle around the
outside shall be engraven engraved with the words, "Seal of
the State of Rhode Island and Providence
Plantations, 1636".
SECTION 8. Section
42-5-1 of the General Laws in Chapter 42-5 entitled “Standard
and Daylight Savings Time ” is hereby amended to
read as follows:
42-5-1.
Period of daylight saving time. -- At two o'clock antemeridian (2:00
a.m.) of the
first second Sunday in April March
of each year, the standard time in this state shall be advanced
one hour, and at two o'clock antemeridian (2:00
a.m.) of the last first Sunday in October
November of each year the standard time in this state
shall, by the retarding of one hour, be made
to coincide with the mean astronomical time of
the degree of longitude governing the zone
wherein the state is situated, the standard
official time of which is described as United States
standard eastern time so that between the first
second Sunday in April March at two o'clock
antemeridian (2:00 a.m.) and the last first
Sunday in October November at two o'clock
antemeridian (2:00 a.m.) in each year the
standard time of the state shall be one hour in advance
of the United States standard eastern time.
SECTION 9.
Sections 42-7.2-12 and 42-7.2-12.1 of the General Laws in Chapter 42-
7.2 entitled “Office of Health and Human
Services” are hereby amended to read as follows:
42-7.2-12.
Medicaid program study. -- (a) The secretary of the executive
office of
health and human services shall conduct a study
of the Medicaid programs administered by state
to review and analyze the options available for
reducing or stabilizing the level of uninsured
Rhode Islanders and containing Medicaid
spending.
(1) As part
of this process, the study shall consider the flexibility afforded the state
under
the federal Deficit Reduction Act of 2006 and
any other changes in federal Medicaid policy or
program requirements occurring on or before
December 31, 2006, as well as the various
approaches proposed and/or adopted by other
states through federal waivers, state plan
amendments, public-private partnerships, and
other initiatives.
(2) In
exploring these options, the study shall examine fully the overall
administrative
efficiency of each program for children and
families, elders and adults with disabilities and any
such factors that may affect access and/or cost
including, but not limited to, coverage groups,
benefits, delivery systems, and applicable
cost-sharing requirements.
(b) The
secretary shall ensure that the study focuses broadly on the Medicaid programs
administered by all five of the state's five
health and human services departments, irrespective of
the source or manner in which funds are budgeted
or allocated. The directors of the departments
shall cooperate with the secretary in preparing
this study and provide any information and/or
resources the
secretary deems necessary to assess fully the short and long-term implications
of
the options under
review both for the state and the people and the communities the departments
serve. The secretary
shall submit a report and recommendations based on the findings of the
study to the general
assembly and the governor no later than March 1, 2007.
42-7.2-12.1.
Human services call center study (211). -- (a) The secretary of
the
executive office of health and human services
shall conduct a feasibility and impact study of the
potential to implement a statewide 211 human
services call center and hotline. As part of the
process, the study shall catalog existing human
service information hotlines in Rhode Island,
including, but not limited to, state-operated
call centers and private and not-for-profit information
hotlines within the state.
(1) The
study shall include analysis of whether consolidation of some or all call
centers
into a centralized 211 human services
information hotline would be economically and practically
advantageous for both the public users and
agencies that currently operate separate systems.
(2) The
study shall include projected cost estimates for any recommended actions,
including estimates of cost additions or savings
to private service providers.
(b) The
directors of all state departments and agencies shall cooperate with the
secretary
in preparing this study and provide any
information and/or resources the secretary deems
necessary to assess fully the short and
long-term implications of the operations under review both
for the state and the people and the communities
the departments serve.
(c) The
secretary shall submit a report and recommendations based on the findings of
the
study to the general assembly, the governor, and
the house and senate fiscal advisors no later than
February 1, 2007.
SECTION 10.
Section 42-8.2-7 of the General Laws in Chapter 42-8.2 entitled “State
Register” is hereby amended to read as follows:
42-8.2-7.
Filing document as constructive notice - Publication as presumption of
validity - Judicial notice. -- (a) A document required to
be published by § 42-8.2-5 in the state
register is not valid as against a person who
has not had actual knowledge thereof until the
duplicate originals or certified copies of the
document have been filed with the office of the
secretary of state and a copy made available for
public inspection as provided by § 42-8.2-3.
Unless otherwise specifically provided by
statute, filing the document required or authorized to
be published by § 42-8.2-5, except in cases
where notice by publication is insufficient in law, is
sufficient to give notice of the contents of the
document to a person subject to or affected by it.
(b) Notice
hereunder shall be in addition to all other notices required by the
Administrative Procedures Act, chapter 35 of
this title, or any other rule or regulation requiring
notice. The publication in the state register of
a document creates a rebuttable presumption:
(1) That it was
duly issued, prescribed or promulgated;
(2) That it was
filed with the office of the secretary of state and made available for public
inspection at the day and hour stated in printed
notation;
(3) That the copy
contained in the state register is a true copy of the original; and
(4) That all
requirements of this chapter and the regulations prescribed hereunder relative
to the document have been complied with. The
contents of the state register shall be judicially
noticed and without prejudice to any other mode
of citation, may be cited by volume and page
number.
SECTION 11.
Section 42-9-6.1, 8.1, and 18 of the General Laws in Chapter 42-9
entitled “Department of Attorney General” are
hereby amended to read as follows:
42-9-6.1. Annual
report of defense of challenged legislation. -- (a) The attorney
general shall annually on or before the
thirty-first day of January of each year submit a report to
the general assembly showing the transactions of
his or her office and that of any special counsel
appointed by or through his or her office during
the previous calendar year in relation to the
defense of legislation passed by the general
assembly which has been challenged on the grounds
that it violates a provision of either the Constitution
of the United States or the Constitution of the
state of Rhode Island.
(b) The
report shall include: (1) the name of each case;, (2) the
bill number of the
challenged legislation;, (3) the
court in which the case was filed;, (4) whether the case is being
handled directly by the attorney general's
office and/or the name of additional special counsel that
have been appointed;, (5) a
summary of the proceedings including any final disposition of the
case;, and (6) the cost to the
state, as near as may be ascertained, for defending each case.
(c) This
report shall be a public document.
42-9-8.1.
Office of investigation — Powers and duties of investigators. -- (1)
Establishment. There is hereby established
within the department of attorney general an office of
investigation.
(2) Scope and
purpose. The scope and purpose of the office of investigation shall be:
(a) To assist
special assistant and assistant attorneys general in carrying out
investigations
relating to grand jury investigations, pre-trial
preparation and other litigation efforts; and
(b) To coordinate
their efforts in investigating criminal activity with existing federal,
state and local law enforcement resources.
; and
(c) To initiate
criminal investigations for violations of the law at the direction of the
attorney general.
(3) Composition
and powers. The office of investigation shall consist of a chief, and not
more than five (5) field investigators and
support personnel. The chief and the field investigators
shall have the following powers:
(a) The power to
arrest independently or in conjunction with local, state or federal law
enforcement agencies. ;
(b) The power to,
with the written authorization by the attorney general or his or her
designated deputy, apply for and execute search
warrants; and
(c) The power to
serve civil and criminal process.
(4)
Qualifications. No person shall be appointed as chief of the office of
investigation or
as a field investigator in the office unless he
or she has successfully completed the basic course of
instruction for police officers at the
Providence police training academy, the Rhode Island
municipal police training academy, or the Rhode
Island state police training academy, and has at
least three (3) years of active law enforcement
experience, or has served as a member of the
United States Marshal's Service or as a special
agent of the Federal Bureau of Investigation, a
criminal law enforcement agency of the United
States Department of Justice, the United States
Department of State, the United States
Department of the Treasury or the United States Postal
Inspection Service and has at least three (3)
years of active law enforcement experience, or has
been certified as a police officer by the
duly-constituted state commission on police officer
standards and training of another state, and has
at least three (3) years of active law enforcement
experience.
(5) Appointment
background check. The attorney general shall appoint the chief, field
investigators, and the support personnel of the
office of investigation. Prior to the appointment of
any individuals, a background examination shall
be conducted utilizing federal, state and local
law enforcement agencies, bureau of criminal
identification, national crime information center,
and any and all relevant records existing within
the federal and state court systems.
(6) Standards. The
office shall adopt and implement such standards as may be applicable
to its scope and purpose as promulgated by the
commission for the accreditation of law
enforcement agencies.
42-9-18.
Reports, Use of Experts, and Costs. -- (a) Notwithstanding the
provisions of §
23-17.14-13, the department of attorney general,
may in effectuating the purpose of:
(1) the Hospital
Conversion Act pursuant to chapter 17.14 of title 23; or
(2) any non-profit
hospital service corporation conversion; or
(3) non-profit
medical service corporation conversion; or
(4) any health
care conversion; engage experts or consultants including but not limited to,
actuaries, investment bankers, accountants,
attorneys, or industry analysts.
(b) All
copies of reports prepared by experts and consultants, and costs associated
with
those reports, shall be made available to the
transacting parties and to the public.
(c) All
costs incurred under the provisions of this section are the responsibility of
the one
or more transacting parties in an amount to be
determined by the attorney general.
SECTION 12.
Section 42-9.1-2 of the General Laws in Chapter 42-9.1 entitled “Office
of Health Care Advocate” is hereby amended to
read as follows:
42-9.1-2.
Establishment. -- (a) There shall be established within the
department of
attorney general an office of health care
advocate. The health care advocate shall be an assistant
or special assistant attorney general to be
appointed by the attorney general. The health care
advocate is authorized to perform the following
duties as the attorney general may direct:
(1) Appear as an
amicus curiae in civil actions involving any health care quality standard
or issue as determined by the attorney general;
(2) Intervene in
or request initiation of administrative actions related to health care or
health insurance by the state or any agency
thereof as determined by the attorney general;
(3) Review
complaints and conduct any investigations deemed by the attorney general
necessary to assure quality health care
delivery;
(4) Assist and
cooperate with the director of any state department or person in charge of
any state agency, in the investigation of any
complaints, occurrences, conditions, or practices
with respect to inadequacies in health care or
health insurance;
(5) To take all
necessary and appropriate action, including but not limited to public
education, legislative advocacy, and where
authorized by law to institute formal legal action, to
secure and insure compliance with the provisions
of titles 23 and 27 and to advocate for any
changes necessary to support the goal of quality
and affordable health care for all citizens of
Rhode Island.
(b) For the
purposes of this section, "health care quality standard" shall mean
any statute,
ordinance, limitation, regulation, rule, order,
license, stipulation, agreement, or permit of the
state, or any agency of the state.
SECTION 13.
Section 42-12-23 of the General Laws in Chapter 42-12 entitled
“Department of Human Services” is hereby amended
to read as follows:
42-12-23.
Child care — Planning and coordinating. -- (a) The department of human
services shall be the principal agency of the
state for the planning and coordination of state
involvement in the area of child care. To
accomplish this purpose, the department's duties shall
include submitting an annual report to the
governor and the general assembly on the status of
child care in Rhode Island.
(b) The annual
report of the department shall include, but not be limited to, the following
information:
(1) the amount of
state and federal funds spent on child care in each of the two (2)
preceding years;
(2) the number of
child care providers licensed pursuant to the provisions of chapter 72.1
of this title;
(3) the number of
children served in state subsidized programs;
(4) the number of
taxpayers who have claimed the child care assistance and development
tax credit pursuant to chapter 47 of title 44;
(5) the average
cost for both infant and preschool child care;
(6) an estimate of
unmet needs for child care;
(7) information on
child care staff salaries and training and education programs, and
(8)
Recommendations for any changes in child care public policy.
(c) The department
shall cooperate with the unit of the department of children, youth,
and families which licenses and monitors child
care providers pursuant to the terms of chapter
72.1 of this title.
(d) The department
is hereby charged with the responsibility of assuring that a statewide
child care resource and referral system exists
in this state to provide services and consumer
information to assist parents in locating and
choosing licensed, approved and/or certified
providers, and to maintain data necessary for
such referrals.
SECTION 14.
Section 42-12.3-2 of the General Laws in Chapter 42-12.3 entitled
“Health Care For Children and Pregnant Women” is
hereby amended to read as follows:
42-12.3-2.
Purposes. -- (a) It is the intent of the general assembly to
assure access to the
comprehensive health care by providing health
insurance to all Rhode Islanders who are
uninsured;
Universal
comprehensive coverage for all Rhode Islanders is a goal to be achieved over
the course of several years;
The first step in
providing comprehensive health coverage is to assure coverage for the
most vulnerable residents of the state;
Uninsured pregnant
women and children under age eight (8) are among the most
vulnerable residents of the state; and
The governor's
health care advisory committee has provided advice and
recommendations in its report of January, 1993
to improve access to health care for pregnant
women and children up to age six (6);
The objectives to
meet the goal of comprehensive health coverage are:
(1) Every child
under age eight (8) in Rhode Island will have a reliable source of health
coverage and health care;
(2) Every pregnant
woman in Rhode Island will have early and comprehensive prenatal
and maternity care services;
(3) All low income
families will have improved access to family planning and
reproductive services; and
(4) Every pregnant
woman and child in Rhode Island will receive effective, preventive
primary care. , and
(b) To
assure access to care and availability of services, the following principles
will
guide the design of the health care act:
(1) There will be
equal access to health care for children and pregnant women, regardless
of the type of coverage;
(2) There shall be
an emphasis on primary and preventive care which will include a
"medical home" for every child;
(3) Current
deficiencies in the fee for service delivery system will be addressed;
(4) In addition to
accessibility of health care, provisions must be made to address
language, cultural and transportation barriers;
(5) Enrollment
must be both timely and accomplished in a user friendly fashion;
(6) An adequate
source of primary care providers should be developed;
(7) An enhanced
set of services should be developed to support and address the needs of
families at risk.
SECTION 15.
Sections 42-12.3-4 and 42-12.3-15 of the General Laws in Chapter 42-
12.3 entitled “Health Care For Children and
Pregnant Women” are hereby repealed.
42-12.3-4.
"Rite track" program. [Effective until December 31, 2006.] -- (a)
There
is hereby established a payor of last resort
program for comprehensive health care for children
until they reach nineteen (19) years of age, to
be known as "RIte track". The department of
human services is hereby authorized to amend its
title XIX state plan pursuant to title XIX [42
U.S.C. § 1396 et seq.] of the Social Security
Act to provide for expanded Medicaid coverage
through expanded family income disregards for
children, until they reach nineteen (19) years of
age, whose family income levels are up to two
hundred fifty percent (250%) of the federal
poverty level; provided, however, that health
care coverage under this section shall also be
provided without regard to the availability of
federal financial participation to a noncitizen child
lawfully residing in the United States and to a
noncitizen child residing in Rhode Island, provided
that the child satisfies all other eligibility
requirements. The department is further authorized to
promulgate any regulations necessary, and in
accord with title XIX [42 U.S.C. § 1396 et seq.] of
the Social Security Act to implement the state
plan amendment. For those children who lack
health insurance, and whose family incomes are
in excess of two hundred fifty percent (250%) of
the federal poverty level, the department of
human services shall promulgate necessary
regulations to implement the program. The
department of human services is further directed to
ascertain and promulgate the scope of services
that will be available to those children whose
family income exceeds the maximum family income
specified in the approved title XIX [42
U.S.C. § 1396 et seq.] state plan amendment.
(b) Resources.
Except as provided herein, no child shall be eligible for medical
assistance coverage provided under this section
if the combined value of the child's or the family's
liquid resources exceeds ten thousand dollars
($10,000); provided, however, that this subsection
shall not apply to children with disabilities
who are otherwise eligible for medical assistance
coverage as categorically needy under § 134(a)
of the Tax Equity and Fiscal Responsibility Act
of 1982 [federal P.L. 97-248], commonly known as
Katie Beckett eligible, upon meeting the
requirements established in § 1902(e)(3) of the
federal Social Security Act.
42-12.3-15.
Expansion of RIte track program. [Effective until December 31, 2006.] --
The Department of Human Services is hereby
authorized and directed to submit to the United
States Department of Health and Human Services
an amendment to the "RIte Care" waiver
project number 11-W-0004/1-01 to provide for
expanded Medicaid coverage for children until
they reach eight (8) years of age, whose family
income levels are up to two hundred fifty percent
(250%) of the federal poverty level. Expansion
of the RIte track program from the age of six (6)
until they reach eighteen (18) years of age in
accordance with this chapter shall be subject to the
approval of the amended waiver by the United
States Department of Health and Human Services.
Health care coverage under this section shall
also be provided without regard to the availability of
federal financial participation: (1) to a
non-citizen child lawfully residing in the United States
provided such child satisfies all other
eligibility requirements.
SECTION 16.
Sections 42-14-11 and 42-14-16.1 of the General Laws in Chapter 42-
14 entitled “Department of Business Regulation”
are hereby amended to read as follows:
42-14-11.
Subpoena power - False swearing. -- (a) In connection with any
matters
having to do with the discharge of his or her
duties pursuant to this chapter, the director, in all
cases of every nature pending before him or her,
is hereby authorized and empowered to summon
witnesses to attend and testify in like manner
as in either the supreme or the superior courts. The
director is authorized to compel the production
of all papers, books, documents, records,
certificates or other legal evidence that may be
necessary for the determination and the decision
of any question or the discharge of any duty
required by law of the department, including the
function of the director as a member of the
board of bank incorporation and board of building-
loan association incorporation, by issuing a
subpoena duces tecum signed by the director.
(b) Every
person who disobeys this writ shall be considered in contempt of the
department, and the department may punish that
and any other contempt of the authority in like
manner as contempts may be punished in either
the supreme or the superior court.
(c) Any
person who shall wilfully swear falsely in any proceedings, matter or hearing
before the department shall be deemed guilty of
the crime of perjury.
42-14-16.1.
Order to cease and desist. -- (a) If the director has reason to
believe that
any person, firm, corporation or association is
conducting any activities requiring licensure under
title 27 without obtaining a license, or who
after the denial, suspension or revocation of a license
conducts any activities requiring licensure
under title 27, the department may issue its order to
that person, firm, corporation or association
commanding them to appear before the department at
a hearing to be held no sooner than ten (10)
days nor later than twenty (20) days after issuance of
that order to show cause why the department
should not issue an order to that person to cease and
desist from the violation of the provisions of
title 27.
(b) The
order to show cause may be served on any person, firm, corporation or
association named in the order in the same
manner that summons in a civil action may be served,
or by mailing a copy of the order, certified
mail, return receipt requested, to that person at any
address at which he or she has done business or
at which he or she lives. If, upon that hearing, the
department is satisfied that the person is in
fact violating any provision of title 27, then the
department may order that person, in writing, to
cease and desist from that violation.
(c) All
hearings shall be governed in accordance with chapter 35 of this title, the
"Administrative Procedures Act." If
that person fails to comply with an order of the department
after being afforded a hearing, the superior
court in Providence county has jurisdiction upon
complaint of the department to restrain and
enjoin that person from violating this chapter.
SECTION 17.
Section 42-14.2-20 of the General Laws in Chapter 42-14.2 entitled
“Department of Business Regulation – Automobile
Wrecking and Salvage Yards” are hereby
amended to read as follows
42-14.2-20.
Cease and desist orders. -- (a) If the department shall have
reason to
believe that any person, firm, corporation, or
association is violating the provisions of this
chapter, the department may issue its order to
that person, firm, corporation, or association
commanding them to appear before the department
at a hearing to be held not sooner than ten
(10) days nor later than twenty (20) days after
issuance of the order to show cause why the
commission should not issue an order to the
person to cease and desist from the violation of the
provisions of this chapter.
(b) An
order to show cause may be served on any person, firm, corporation, or
association named therein by any person in the
same manner that a summons in a civil action may
be served, or by mailing a copy of the order to
the person at any address at which he or she has
done business or at which he or she lives. If
upon the hearing the department shall be satisfied
that the person is in fact violating any
provision of this chapter, then the department shall order
that person, in writing, to cease and desist
from the violation. At any hearing, any person subject
to an order of the department to cease and
desist may be represented by counsel.
(c) The
department shall not be bound by common law rules of evidence, but may
receive and consider any statements, documents,
and things which shall be considered by them
necessary or useful in arriving at their
decision. If that person shall thereafter fail to comply with
the order of the department, the superior court
for Providence County shall have jurisdiction upon
the complaint of the department to restrain and
enjoin that person from violating this chapter. The
complaint shall be in the form of a civil
action. The findings and order of the department shall
constitute prima facie evidence that the person
ordered by the department to cease and desist has
violated the provisions of this chapter.
(d) The
attorney general shall afford the department any necessary assistance in
obtaining relief in the superior court.
SECTION 18. The
title and all sections of Chapter 42-15 entitled “Department of
Education” are hereby repealed.
CHAPTER
42-15
DEPARTMENT
OF EDUCATION
42-15-1.
— 42-15-6. [Obsolete.] –
SECTION 19.
Sections 42-17.1-2, 42-17.1-6, and 42-17.1-9.1 of the General Laws in
Chapter 42-17.1 entitled “Department of
Environmental Management” are hereby amended to
read as follows:
42-17.1-2.
Powers and duties. -- The director of environmental management shall
have
the following powers and duties:
(a)(1)
To supervise and control the protection, development, planning, and utilization
of
the natural resources of the state, such
resources, including but not limited to, water, plants, trees,
soil, clay, sand, gravel, rocks and other
minerals, air, mammals, birds, reptiles, amphibians, fish,
shellfish, and other forms of aquatic, insect,
and animal life;
(b)(2)
To exercise all functions, powers, and duties heretofore vested in the
department of
agriculture and conservation, and in each of the
divisions of the department, such as the
promotion of agriculture and animal husbandry in
their several branches, including the inspection
and suppression of contagious diseases among
animals, the regulation of the marketing of farm
products, the inspection of orchards and nurseries,
the protection of trees and shrubs from
injurious insects and diseases, protection from
forest fires, the inspection of apiaries and the
suppression of contagious diseases among bees,
prevention of the sale of adulterated or
misbranded agricultural seeds, promotion and
encouragement of the work of farm bureaus in
cooperation with the University of Rhode Island,
farmers' institutes and the various organizations
established for the purpose of developing an
interest in agriculture, together with such other
agencies and activities as the governor and the
general assembly may from time to time place
under the control of the department, and as
heretofore vested by such of the following chapters
and sections of the general laws as are
presently applicable to the department of environmental
management and which were previously applicable
to the department of natural resources and the
department of agriculture and conservation or to
any of its divisions: chapters 1 through 22,
inclusive, as amended, in title 2 entitled
"Agriculture and Forestry;" chapters 1 through 17,
inclusive, as amended, in title 4 entitled
"Animals and Animal Husbandry;" chapters 1 through
19, inclusive, as amended, in title 20 entitled
"Fish and Wildlife;" chapters 1 through 32,
inclusive, as amended, in title 21 entitled
"Food and Drugs;" chapter 7 of title 23 as amended,
entitled "Mosquito Abatement;" and by
any other general or public law relating to the department
of agriculture and conservation or to any of its
divisions or bureaus;
(c)(3)
To exercise all the functions, powers, and duties heretofore vested in the
division
of parks and recreation of the department of
public works by chapters 1, 2, and 5 in title 32
entitled "Parks and Recreational
Areas;" by chapter 22.5 of title 23, as amended, entitled
"Drowning Prevention and Lifesaving;"
and by any other general or public law relating to the
division of parks and recreation;
(d)(4)
To exercise all the functions, powers, and duties heretofore vested in the
division
of harbors and rivers of the department of
public works, or in the department itself by such as
were previously applicable to the division or
the department, of chapters 1 through 22 and
sections thereof, as amended, in title 46
entitled "Waters and Navigation"; and by any other
general or public law relating to the division
of harbors and rivers;
(e)(5)
To exercise all the functions, powers and duties heretofore vested in the
department
of health by chapters 25, 18.9, and 19.5 of
title 23, as amended, entitled "Health and Safety;" and
by chapters 12 and 16 of title 46, as amended,
entitled "Waters and Navigation"; by chapters 3, 4,
5, 6, 7, 9, 11, 13, 18, and 19 of title 4, as
amended, entitled "Animals and Animal Husbandry;"
and those functions, powers, and duties
specifically vested in the director of environmental
management by the provisions of § 21-2-22, as
amended, entitled "Inspection of Animals and
Milk;" together with other powers and
duties of the director of the department of health as are
incidental to or necessary for the performance
of the functions transferred by this section;
(f)(6)
To cooperate with the Rhode Island economic development corporation in its
planning and promotional functions, particularly
in regard to those resources relating to
agriculture, fisheries, and recreation;
(g)(7)
To cooperate with, advise, and guide conservation commissions of cities and
towns
created under chapter 35 of title 45 entitled
"Conservation Commissions", as enacted by chapter
203 of the Public Laws, 1960;
(h)(8)
To assign or reassign, with the approval of the governor, any functions,
duties, or
powers established by this chapter to any agency
within the department, except as hereinafter
limited;
(i)(9)
To cooperate with the water resources board and to provide to the board
facilities,
administrative support, staff services, and such
other services as the board shall reasonably
require for its operation and, in cooperation
with the board and the statewide planning program to
formulate and maintain a long range guide plan
and implementing program for development of
major water sources transmissions systems needed
to furnish water to regional and local
distribution systems;
(j)(10)
To cooperate with the solid waste management corporation and to provide to the
corporation such facilities, administrative
support, staff services and such other services within
the department as the corporation shall
reasonably require for its operation;
(k)(11)
To provide for the maintenance of waterways and boating facilities, consistent
with chapter 6.1 of title 46, by: (1i)
establishing minimum standards for upland beneficial use and
disposal of dredged material; (2ii)
promulgating and enforcing rules for water quality, ground
water protection, and fish and wildlife
protection pursuant to § 42-17.1-24; (3iii) planning for the
upland beneficial use and/or disposal of dredged
material in areas not under the jurisdiction of the
council pursuant to § 46-23-6(2); and (4iv)
cooperating with the coastal resources management
council in the development and implementation of
comprehensive programs for dredging as
provided for in §§ 46-23-6(1)(ii)(H) and 46-23-18.3;
and (5v) monitoring dredge material
management and disposal sites in accordance with
the protocols established pursuant to § 46-6.1-
5(3) and the comprehensive program provided for
in § 46-23-6(1)(ii)(H); no powers or duties
granted herein shall be construed to abrogate
the powers or duties granted to the coastal resources
management council under chapter 23 of title 46,
as amended;
(l)(12)
To establish minimum standards, subject to the approval of the environmental
standards board, relating to the location,
design, construction and maintenance of all sewage
disposal systems;
(m)(13)
To enforce, by such means as provided by law, the standards for the quality of
air, and water, and the design, construction and
operation of all sewage disposal systems; any
order or notice issued by the director relating
to the location, design, construction or maintenance
of a sewage disposal system shall be eligible
for recordation under chapter 13 of title 34. The
director shall forward the order or notice to
the city or town wherein the subject property is
located and the order or notice shall be
recorded in the general index by the appropriate municipal
official in the land evidence records in the
city or town wherein the subject property is located.
Any subsequent transferee of that property shall
be responsible for complying with the
requirements of the order or notice. Upon
satisfactory completion of the requirements of the order
or notice, the director shall provide written
notice of the same, which notice shall be similarly
eligible for recordation. The original written
notice shall be forwarded to the city or town wherein
the subject property is located and the notice
of satisfactory completion shall be recorded in the
general index by the appropriate municipal
official in the land evidence records in the city or
town wherein the subject property is located. A
copy of the written notice shall be forwarded to
the owner of the subject property within five
(5) days of a request for it, and, in any event, shall
be forwarded to the owner of the subject
property within thirty (30) days after correction;
(n)(14)
To establish minimum standards for the establishment and maintenance of
salutary environmental conditions, including
standards and methods for the assessment and the
consideration of the cumulative effects on the
environment of regulatory actions and decisions,
which standards for consideration of cumulative
effects shall provide for: (i) evaluation of
potential cumulative effects that could
adversely effect public health and/or impair ecological
functioning; (ii) analysis of such other
matters relative to cumulative effects as the department
may deem appropriate in fulfilling its duties,
functions and powers; which standards and methods
shall only be applicable to ISDS systems in the
town of Jamestown in areas that are dependent for
water supply on private and public wells, unless
broader use is approved by the general assembly.
The department shall report to the general
assembly not later than March 15, 2008 with regard to
the development and application of such
standards and methods in Jamestown.
(o)(15)
To establish and enforce minimum standards for permissible types of septage,
industrial waste disposal sites and waste oil
disposal sites;
(p)(16)
To establish minimum standards subject to the approval of the environmental
standards board for permissible types of refuse
disposal facilities, the design, construction,
operation, and maintenance of disposal
facilities; and the location of various types of facilities;
(q)(17)
To exercise all functions, powers, and duties necessary for the administration
of
chapter 19.1 of title 23 entitled "Rhode
Island Hazardous Waste Management Act";
(r)(18)
To designate in writing any person in any department of the state government or
any official of a district, county, city, town,
or other governmental unit, with that official's
consent, to enforce any rule, regulation, or order
promulgated and adopted by the director under
any provision of law, ; provided,
however, that enforcement of powers of the coastal resources
management council shall be assigned only to
employees of the department of environmental
management, except by mutual agreement or as
otherwise provided in chapter 23 of title 46. ;
(s)(19)
To issue and enforce such rules, regulations, and orders as may be necessary to
carry out the duties assigned to the director
and the department by any provision of law; and to
conduct such investigations and hearings and to
issue, suspend, and revoke such licenses as may
be necessary to enforce those rules,
regulations, and orders; .
(1) Notwithstanding
the provisions of § 42-35-9 to the contrary, no informal disposition
of a contested licensing matter shall occur
where resolution substantially deviates from the
original application unless all interested
parties shall be notified of said proposed resolution and
provided with opportunity to comment upon said
resolution pursuant to applicable law and any
rules and regulations established by the
director.
(t)(20)
To enter, examine or survey at any reasonable time such places as the director
deems necessary to carry out his or her
responsibilities under any provision of law subject to the
following provisions:
(i) For
criminal investigations, the director shall, pursuant to chapter 5 of title 12,
seek a
search warrant from an official of a court
authorized to issue warrants, unless a search without a
warrant is otherwise allowed or provided by law;
(ii) (A)
All administrative inspections shall be conducted pursuant to administrative
guidelines promulgated by the department in
accordance with chapter 35 of title 42.
(B) A warrant
shall not be required for administrative inspections if conducted under the
following circumstances, in accordance with the
applicable constitutional standards:
(i I)
For closely regulated industries;
(ii II)
In situations involving open fields or conditions that are in plain view;
(iii III)
In emergency situations;
(iv IV)
In situations presenting an imminent threat to the environment or public
health,
safety or welfare;
(v V)
If the owner, operator, or agent in charge of the facility, property, site or
location
consents; or
(vi VI)
In other situations in which a warrant is not constitutionally required.
(C) Whenever it
shall be constitutionally or otherwise required by law, or whenever the
director in his or her discretion deems it
advisable, an administrative search warrant, or its
functional equivalent, may be obtained by the
director from a neutral magistrate for the purpose
of conducting an administrative inspection. The
warrant shall be issued in accordance with the
applicable constitutional standards for the
issuance of administrative search warrants. The
administrative standard of probable cause, not
the criminal standard of probable cause, shall
apply to applications for administrative search
warrants.
(I) The
need for, or reliance upon, an administrative warrant shall not be construed as
requiring the department to forfeit the element
of surprise in its inspection efforts.
(II) An
administrative warrant issued pursuant to this subsection must be executed and
returned within ten (10) days of its issuance
date unless, upon a showing of need for additional
time, the court orders otherwise.
(III) An
administrative warrant may authorize the review and copying of documents that
are relevant to the purpose of the inspection.
If documents must be seized for the purpose of
copying, and the warrant authorizes such
seizure, the person executing the warrant shall prepare
an inventory of the documents taken. The time,
place and manner regarding the making of the
inventory shall be set forth in the terms of the
warrant itself, as dictated by the court. A copy of
the inventory shall be delivered to the person
from whose possession or facility the documents
were taken. The seized documents shall be copied
as soon as feasible under circumstances
preserving their authenticity, then returned to
the person from whose possession or facility the
documents were taken.
(IV) An
administrative warrant may authorize the taking of samples of air, water or
soil
or of materials generated, stored or treated at
the facility, property, site or location. Upon request,
the department shall make split samples
available to the person whose facility, property, site or
location is being inspected.
(V) Service
of an administrative warrant may be required only to the extent provided for
in the terms of the warrant itself, by the
issuing court.
(D) Penalties. Any
willful and unjustified refusal of right of entry and inspection to
department personnel pursuant to an
administrative warrant shall constitute a contempt of court
and shall subject the refusing party to
sanctions, which in the court’s discretion may result in up
to six (6) months imprisonment and/or a monetary
fine of up to ten thousand dollars ($10,000)
per refusal.
(u)(21)
To give notice of an alleged violation of law to the person responsible
therefor
whenever the director determines that there are
reasonable grounds to believe that there is a
violation of any provision of law within his or
her jurisdiction or of any rule or regulation adopted
pursuant to authority granted to him or her,
unless other notice and hearing procedure is
specifically provided by that law. Nothing in
this chapter shall limit the authority of the attorney
general to prosecute offenders as required by
law.
(i) The
notice shall provide for a time within which the alleged violation shall be
remedied, and shall inform the person to whom it
is directed that a written request for a hearing
on the alleged violation may be filed with the
director within ten (10) days after service of the
notice. The notice will be deemed properly
served upon a person if a copy thereof is served him
or her personally, or sent by registered or
certified mail to his or her last known address, or if he
or she is served with notice by any other method
of service now or hereafter authorized in a civil
action under the laws of this state. If no
written request for a hearing is made to the director
within ten (10) days of the service of notice,
the notice shall automatically become a compliance
order.
(ii) (A)
Whenever the director determines that there exists a violation of any law,
rule, or
regulation within his or her jurisdiction which
requires immediate action to protect the
environment, he or she may, without prior notice
of violation or hearing, issue an immediate
compliance order stating the existence of the
violation and the action he or she deems necessary.
The compliance order shall become effective
immediately upon service or within such time as is
specified by the director in such order. No
request for a hearing on an immediate compliance
order may be made.
(B) Any immediate
compliance order issued under this section without notice and prior
hearing shall be effective for no longer than
forty-five (45) days, ; provided, however, that for
good cause shown the order may be extended one
additional period not exceeding forty-five (45)
days.
(iii) If a
person upon whom a notice of violation has been served under the provisions of
this section or if a person aggrieved by any
such notice of violation requests a hearing before the
director within ten (10) days of the service of
notice of violation, the director shall set a time and
place for the hearing, and shall give the person
requesting that hearing at least five (5) days
written notice thereof. After the hearing, the
director may make findings of fact and shall sustain,
modify, or withdraw the notice of violation. If
the director sustains or modifies the notice, that
decision shall be deemed a compliance order and
shall be served upon the person responsible in
any manner provided for the service of the
notice in this section.
(iv) The
compliance order shall state a time within which the violation shall be
remedied,
and the original time specified in the notice of
violation shall be extended to the time set in the
order.
(v)
Whenever a compliance order has become effective, whether automatically where
no
hearing has been requested, where an immediate
compliance order has been issued, or upon
decision following a hearing, the director may
institute injunction proceedings in the superior
court of the state for enforcement of the
compliance order and for appropriate temporary relief,
and in that proceeding the correctness of a
compliance order shall be presumed and the person
attacking the order shall bear the burden of
proving error in the compliance order, except that the
director shall bear the burden of proving in the
proceeding the correctness of an immediate
compliance order. The remedy provided for in
this section shall be cumulative and not exclusive
and shall be in addition to remedies relating to
the removal or abatement of nuisances or any
other remedies provided by law.
(vi) Any
party aggrieved by a final judgment of the superior court may, within thirty
(30)
days from the date of entry of such judgment,
petition the supreme court for a writ of certiorari to
review any questions of law. The petition shall
set forth the errors claimed. Upon the filing of the
petition with the clerk of the supreme court,
the supreme court may, if it sees fit, issue its writ of
certiorari;
(v)(22)
To impose administrative penalties in accordance with the provisions of chapter
17.6 of this title and to direct that such
penalties be paid into the account established by
subsection (z) subdivision (26) of this section;
and
(w)(23)
The following definitions shall apply in the interpretation of the provisions
of
this chapter:
(i)
Director: The term director shall mean the director of environmental management
of
the state of Rhode Island or his or her duly
authorized agent.
(ii)
Person: The term person shall include any individual, group of individuals,
firm,
corporation, association, partnership or private
or public entity, including a district, county, city,
town, or other governmental unit or agent
thereof, and in the case of a corporation, any individual
having active and general supervision of the
properties of such corporation.
(iii)
Service: (A) Service upon a corporation under this section shall be
deemed to include
service upon both the corporation and upon the
person having active and general supervision of
the properties of such corporation.
(B) For
purposes of calculating the time within which a claim for a hearing is made
pursuant to subdivision (u)(1) (21)(i)
of this section heretofore, service shall be deemed to be the
date of receipt of such notice or three (3) days
from the date of mailing of said notice, whichever
shall first occur.
(x)(24)
(i) To conduct surveys of the present private and public camping and
other
recreational areas available and to determine
the need for and location of such other camping and
recreational areas as may be deemed necessary
and in the public interest of the state of Rhode
Island and to report back its findings on an annual
basis to the general assembly on or before
March 1 of every year;
(ii)
Additionally, the director of the department of environmental management shall
take
such additional steps, including but not limited
to, matters related to funding as may be necessary
to establish such other additional recreational
facilities and areas as are deemed to be in the public
interest.
(y)(25)
(i) To apply for and accept grants and bequests of funds with the
approval of the
director of administration from other states,
interstate agencies and independent authorities, and
private firms, individuals and foundations, for
the purpose of carrying out his or her lawful
responsibilities. The funds shall be deposited
with the general treasurer in a restricted receipt
account created in the Natural Resources Program
for funds made available for that program's
purposes or in a restricted receipt account
created in the Environmental Protection Program for
funds made available for that program's
purposes. All expenditures from the accounts shall be
subject to appropriation by the general
assembly, and shall be expended in accordance with the
provisions of the grant or bequest. In the event
that a donation or bequest is unspecified or in the
event that the trust account balance shows a
surplus after the project as provided for in the grant
or bequest has been completed, the director may
utilize said appropriated unspecified or
appropriated surplus funds for enhanced
management of the department's forest and outdoor
public recreation areas, or other projects or
programs that promote the accessibility of recreational
opportunities for Rhode Island residents and
visitors.
(ii) The
director shall submit to the house fiscal advisor and the senate fiscal advisor,
by
October 1 of each year, a detailed report on the
amount of funds received and the uses made of
such funds.
(z)(26)
To establish fee schedules by regulation with the approval of the governor for
the
processing of applications and the performing of
related activities in connection with the
department's responsibilities pursuant to
subdivision (l) (12) of this section, chapter 19.1 of title
23 as it relates to inspections performed by the
department to determine compliance with chapter
19.1 and rules and regulations promulgated in
accordance therewith, chapter 18.9 of title 23 as it
relates to inspections performed by the
department to determine compliance with chapter 18.9
and the rules and regulations promulgated in accordance
therewith, chapters 19.5 and 23 of title
23; chapter 12 of title 46 insofar as it relates
to water quality certifications and related reviews
performed pursuant to provisions of the federal
Clean Water Act, the regulation and
administration of underground storage tanks and
all other programs administered under chapter
12 of title 46 and § 2-1-18 et seq., and chapter
13.1 of title 46 and chapter 13.2 of title 46 insofar
as they relate to any reviews and related
activities performed under the provisions of the
Groundwater Protection Act, chapter 23-24.9 as
it relates to the regulation and administration of
mercury-added products, and chapter 17.7 of this
title insofar as it relates to administrative
appeals of all enforcement, permitting and
licensing matters to the administrative adjudication
division for environmental matters. Two (2)
fee ranges shall be required: for "Appeal of
enforcement actions", a range of fifty
dollars ($50) to one hundred dollars ($100), and for
"Appeal of application decisions", a
range of five hundred dollars ($500) to ten thousand dollars
($10,000). The monies from the administrative
adjudication fees will be deposited as general
revenues and the amounts appropriated shall be
used for the costs associated with operating the
administrative adjudication division.
There is hereby
established an account within the general fund to be called the water and
air protection program. The account shall
consist of sums appropriated for water and air pollution
control and waste monitoring programs and the
state controller is hereby authorized and directed
to draw his or her orders upon the general
treasurer for the payment of such sums or such portions
thereof as may be required from time to time
upon receipt by him or her of properly authenticated
vouchers. All amounts collected under the
authority of this subdivision for the sewage disposal
system program and fresh waters wetlands program
will be deposited as general revenues and the
amounts appropriated shall be used for the
purposes of administering and operating the programs.
The director shall submit to the house fiscal
advisor and the senate fiscal advisor by January 15 of
each year a detailed report on the amount of
funds obtained from fines and fees and the uses made
of such funds.
(aa)(27)
To establish and maintain a list or inventory of areas within the state worthy
of
special designation as "scenic" to
include, but not be limited to, certain state roads or highways,
scenic vistas and scenic areas, and to make the
list available to the public.
(bb)(28)
To establish and maintain an inventory of all interests in land held by public
and
private land trust and to exercise all powers
vested herein to insure the preservation of all
identified lands.
(i) The
director may promulgate and enforce rules and regulations to provide for the
orderly and consistent protection, management,
continuity of ownership and purpose, and
centralized records-keeping for lands, water,
and open spaces owned in fee or controlled in full or
in part through other interests, rights, or
devices such as conservation easements or restrictions,
by private and public land trusts in Rhode
Island. The director may charge a reasonable fee for
filing of each document submitted by a land
trust.
(ii) The
term "public land trust" means any public instrumentality created by
a Rhode
Island municipality for the purposes stated
herein and financed by means of public funds
collected and appropriated by the municipality.
The term "private land trust" means any group of
five (5) or more private citizens of Rhode
Island who shall incorporate under the laws of Rhode
Island as a nonbusiness corporation for the
purposes stated herein, or a national organization such
as the nature conservancy. The main purpose of
either a public or a private land trust shall be the
protection, acquisition, or control of land,
water, wildlife, wildlife habitat, plants, and/or other
natural features, areas, or open space for the
purpose of managing or maintaining, or causing to
be managed or maintained by others, the land,
water, and other natural amenities in any
undeveloped and relatively natural state in
perpetuity. A private land trust must be granted
exemption from federal income tax under Internal
Revenue Code 501c(3) [26 U.S.C. § 501(c)(3)]
within two (2) years of its incorporation in
Rhode Island or it may not continue to function as a
land trust in Rhode Island. A private land trust
may not be incorporated for the exclusive purpose
of acquiring or accepting property or rights in
property from a single individual, family,
corporation, business, partnership, or other
entity. Membership in any private land trust must be
open to any individual subscribing to the
purposes of the land trust and agreeing to abide by its
rules and regulations including payment of
reasonable dues.
(iii) (A)
Private land trusts will, in their articles of association or their by-laws, as
appropriate, provide for the transfer to an
organization created for the same or similar purposes
the assets, lands and land rights and interests
held by the land trust in the event of termination or
dissolution of the land trust.
(B) All land trusts,
public and private, will record in the public records of the appropriate
towns and cities in Rhode Island all deeds,
conservation easements or restrictions or other
interests and rights acquired in land and will
also file copies of all such documents and current
copies of their articles of association, their by-laws
bylaws, and annual reports with the secretary
of state, and with the director of the Rhode
Island department of environmental management. The
director is hereby directed to establish and
maintain permanently a system for keeping records of
all private and public land trust land holdings
in Rhode Island.
(cc)(29)
The director will contact in writing, not less often than once every two (2)
years,
each public or private land trust to ascertain:
that all lands held by the land trust are recorded with
the director; the current status and condition
of each land holding; that any funds or other assets
of the land trust held as endowment for specific
lands have been properly audited at least once
within the two (2) year period; the name of the
successor organization named in the public or
private land trust's by-laws bylaws
or articles of association; and any other information the
director deems essential to the proper and
continuous protection and management of land and
interests or rights in land held by the land
trust. In the event that the director determines that a
public or private land trust holding land or
interest in land appears to have become inactive, he or
she shall initiate proceedings to effect the
termination of the land trust and the transfer of its
lands, assets, land rights, and land interests
to the successor organization named in the defaulting
trust's by-laws bylaws or articles
of association or to another organization created for the same or
similar purposes. Should such a transfer not be
possible, then the land trust, assets, and interest
and rights in land will be held in trust by the
state of Rhode Island and managed by the director
for the purposes stated at the time of original
acquisition by the trust. Any trust assets or interests
other than land or rights in land accruing to
the state under such circumstances will be held and
managed as a separate fund for the benefit of
the designated trust lands.
(dd)(30)
Consistent with federal standards, issue and enforce such rules, regulations
and
orders as may be necessary to establish
requirements for maintaining evidence of financial
responsibility for taking corrective action and
compensating third parties for bodily injury and
property damage caused by sudden and non-sudden
accidental releases arising from operating
underground storage tanks.
(ee)(31)
To enforce, by such means as provided by law, the standards for the quality of
air, and water, and the location, design,
construction and operation of all underground storage
facilities used for storing petroleum products
or hazardous materials; any order or notice issued
by the director relating to the location, design
construction, operation or maintenance of an
underground storage facility used for storing
petroleum products or hazardous materials shall be
eligible for recordation under chapter 13 of
title 34. The director shall forward the order or notice
to the city or town wherein the subject facility
is located, and the order or notice shall be recorded
in the general index by the appropriate
municipal officer in the land evidence records in the city
or town wherein the subject facility is located.
Any subsequent transferee of that facility shall be
responsible for complying with the requirements
of the order or notice. Upon satisfactory
completion of the requirements of the order or
notice, the director shall provide written notice of
the same, which notice shall be eligible for
recordation. The original written notice shall be
forwarded to the city or town wherein the
subject facility is located, and the notice of satisfactory
completion shall be recorded in the general
index by the appropriate municipal official in the land
evidence records in the city or town wherein the
subject facility is located. A copy of the written
notice shall be forwarded to the owner of the
subject facility within five (5) days of a request for
it, and, in any event, shall be forwarded to the
owner of the subject facility within thirty (30) days
after correction.
(ff)(32)
To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in
accordance with § 46-12.9-5, and other
provisions of the Rhode Island Underground Storage
Tank Financial Responsibility Act, as amended.
(gg)(33)
To support, facilitate and assist the Rhode Island Natural History Survey, as
appropriate and/or as necessary, in order to
accomplish the important public purposes of the
survey in gathering and maintaining data on
Rhode Island natural history, making public
presentations and reports on natural history
topics, ranking species and natural communities,
monitoring rare species and communities,
consulting on open space acquisitions and management
plans, reviewing proposed federal and state
actions and regulations with regard to their potential
impact on natural communities, and seeking
outside funding for wildlife management, land
management and research.
42-17.1-6. Advisory
council on environmental affairs. -- (a) There shall be
established
an advisory council on environmental affairs
consisting of sixteen (16) members who shall be
appointed by the governor. It shall be the
responsibility of the council to advise the governor, the
environmental standards board and the director
on matters involving environmental management
and natural resources. The respective
chairpersons of the solid waste management council, the
coastal resources council, the water resources
board, the joint committee on environment of the
general assembly and the chief of the statewide
planning program shall be ex officio members.
(b)(1) The governor shall appoint at least one member
to represent local conservation
commissions, one member representing established
environmental action groups within the state,
one member representing hunting or sports
fishing groups, one member representing the
commercial fisheries industry, and one member
representing agriculture. The remaining six (6)
members shall be appointed from the general
public having regard, among other factors, to their
qualifications, experience, and interest in some
one or more aspects of natural resources and
environmental management and public or
environmental health.
(2) When
this chapter shall take effect, the governor shall appoint three (3) members of
the council to serve until the first day of
March, 1978, four (4) members to serve until the first of
March, 1979, and four (4) members to serve until
the first day of March, 1980, and all to serve
until their successors are appointed and
qualified. In the month of February, 1978, and in the
month of February in each year thereafter, the
governor shall appoint successors to the members
of the council whose terms shall expire in such
year, to hold office commencing on the first day
of March in said years for a two-year term and
until their respective successors are appointed and
qualified.
(3) Any
vacancy which may occur in the council shall be filled by the governor for the
remainder of the unexpired term.
(c) The
members of the council shall meet initially at the call of the governor and
shall at
their first meeting elect a chairman, a
secretary, and any other officers which they may find
necessary. Thereafter, the council shall meet at
least quarterly. The council shall make
suggestions to and shall advise the governor,
the environmental standards board, and the director
of the department concerning the policies,
plans, and goals of the department and concerning the
problems of the state within the scope of the
functions of the department and shall, at least as
often as annually and not later than January 15
of each year, make recommendations as to the
policies, objectives, and programs of the
department, such recommendations to be submitted to
the governor, the general assembly, and the
department.
(d) The
director of the department of environmental management shall provide
appropriate staff and clerical support to the
council.
42-17.1-9.1.
User fees at state beaches, parks, and recreation areas. -- (a) The
department of environmental management in
pursuance of its administrative duties and
responsibilities may charge a user fee for any
state beach, or recreational area under its
jurisdiction, and fees for the use of its
services or facilities.
(b) The fee may be
on a daily or annual basis, or both, and may be based on vehicle
parking or other appropriate means. The fees may
recognize the contribution of Rhode Island
taxpayers to support the facilities in relation
to other users of the state's facilities. The fee
structure may acknowledge the need to provide
for all people, regardless of circumstances.
(c) [Deleted
by P.L. 1998, ch. 31, art. 8, § 2.]
(d) An
additional fee for camping and other special uses may be charged where
appropriate. Rates so charged should be
comparable to equivalent commercial facilities.
(e) (d)
All such fees shall be established after a public hearing.
(f) (e)
All daily fees from beach parking, which shall also include fees
charged and
collected at Ninigret conservation area and
Charlestown breachway, shall be shared with the
municipality in which the facility is located on
the basis of seventy-three percent (73%) retained
by the state and twenty-seven percent (27%)
remitted to the municipality.
(g) (f)
Fifty percent (50%) of all user and concession fees received by the state shall
be
deposited as general revenues. For the year
beginning July 1, 1979, the proportion of user and
concession fees to be received by the state
shall be sixty-five percent (65%); for the year
beginning July 1, 1980, eighty-five percent
(85%); and for the year beginning July 1, 1981, and
all years thereafter, one hundred percent
(100%). The general revenue monies appropriated are
hereby specifically dedicated to meeting the
costs of development, renovation of, and acquisition
of state-owned recreation areas and for regular
maintenance, repair and operation of state owned
recreation areas. Purchases of vehicles and
equipment and repairs to facilities shall not exceed
four hundred thousand dollars ($400,000)
annually. Notwithstanding the provisions of § 37-1-1 or
any other provision of the general laws, the
director of the department of environmental
management is hereby authorized to accept any
grant, devise, bequest, donation, gift, or
assignment of money, bonds, or other valuable
securities for deposit in the same manner as
provided above for user and concession fees
retained by the state.
(h) (g)
No fee shall be charged to any school or other nonprofit organization provided
that a representative of the school or other
organization gives written notice of the date and time
of their arrival to the facility.
SECTION 20.
Section 42-17.1-9.2 of the General Laws in Chapter 42-17.1 entitled
“Department of Environmental Management” is
hereby repealed.
42-17.1-9.2.
Administrative expenses on behalf of open space and recreational areas.
-- For the period beginning May 1, 1988 and
ending November 6, 1990, personnel and operating
costs may be expended from the recreation area
development fund for expenses incurred by the
department of environmental management in the
administration of the so-called "open space and
recreational area" grant program to the
various cities and towns under the provisions of chapter
425, Public Law 1987.
SECTION 21.
Section 42-17.2-4 of the General Laws in Chapter 42-17.2 entitled “Ski
Tramways” is hereby amended to read as follows
42-17.2-4.
Rules, regulations, and codes. -- (a) The director of
environmental
management may adopt reasonable rules,
regulations, and codes relating to public safety in the
construction, operation, maintenance, and
inspection of passenger tramways. The rules,
regulations, and codes authorized hereunder
shall conform as nearly as practicable to established
standards, if any, and shall not be
discriminatory in their application to operators of passenger
tramways.
(1) The
rules, regulations, and codes shall be adopted only after public hearing,
notice of
which shall be published in a newspaper of
general circulation in this state at least fourteen (14)
days before holding the hearing. The director of
environmental management shall also give notice
of the hearing by mail to each registered
operator at least fourteen (14) days before holding it.
(2) At the
hearing the director of environmental management shall permit any interested
person to present information, views, and
arguments with respect to the rules, regulations, or
codes, either orally or in written form. A
summary of the text of the rules, regulations, and codes
adopted by the director of environmental
management shall be published by the department in
two (2) newspapers of general circulation in the
state and each registered operator shall be
furnished with two (2) copies thereof. The
rules, regulations, and codes shall become effective
upon such date subsequent to publication as
required in this section.
(b) The
foregoing procedure shall be followed by the director of environmental
management in amending or appealing any of its
rules, regulations, or codes. Rules, regulations,
or codes adopted by the director of
environmental management shall in no way reduce or
diminish the standard of care imposed upon
passenger tramway operators under existing law.
SECTION 22.
Sections 42-17.6-3 and 42-17.6-4 of the General Laws in Chapter 42-
17.6 entitled “Administrative Penalties for
Environmental Violations” are hereby amended to
read as follows:
42-17.6-3.
Notice of violation and assessment of penalty. -- (a) Whenever
the director
seeks to assess an administrative penalty on any
person, the director shall cause to be served upon
the person, either by service, in hand, or by
certified mail, return receipt requested, a written
notice of its intent to assess an administrative
penalty which shall include:
(1) A concise
statement of the alleged act or omission for which the administrative
penalty is sought to be assessed; ,
(2) Each
law, rule, regulation, order, permit, license, or approval which has not been
complied with as a result of the alleged act or
omission; ,
(3) The
amount which the director seeks to assess as an administrative penalty for each
alleged act or omission; ,
(4) A
statement of the person's right to an adjudicatory hearing on the proposed
assessment; ,
(5) The requirements
the person must comply with to avoid being deemed to have
waived the right to an adjudicatory hearing; and
(6) The
manner of payment thereof if the person elects to pay the penalty and waive an
adjudicatory hearing.
(b) After
written notice of noncompliance or intent to assess an administrative penalty
has been given, each day thereafter during which
the noncompliance occurs or continues shall
constitute a separate offense and shall be
subject to a separate administrative penalty if reasonable
efforts have not been made to promptly come into
compliance.
42-17.6-4.
Right to adjudicatory hearing. -- (a) Whenever the director
seeks to assess
an administrative penalty on any person, the
person shall have the right to an adjudicatory hearing
under chapter 35 of this title, the provisions
of which shall apply except when they are
inconsistent with the provisions of this
chapter.
(a) (b)
A person shall be deemed to have waived his or her right to an adjudicatory
hearing unless, within ten (10) days of the date
of the director's notice that he or she seeks to
assess an administrative penalty, the person
files with the director or the clerk of the
administrative adjudication division a written
statement denying the occurrence of any of the acts
or omissions alleged by the director in the
notice, or asserting that the money amount of the
proposed administrative penalty is excessive. In
any adjudicatory hearing authorized pursuant to
chapter 35 of title 42, the director shall, by a
preponderance of the evidence, prove the occurrence
of each act or omission alleged by the director.
(b) (c)
If a person waives his or her right to an adjudicatory hearing, the proposed
administrative penalty shall be final immediately
upon the waiver.
SECTION 23.
Sections 42-17.7-1 and 42-17.7-8 of the General Laws in Chapter 42-17.7
entitled “Administrative Adjudication for
Environmental Matters” are hereby amended to read as
follows:
42-17.7-1.
Establishment. -- Prior to January 1, 1990, there There
shall be established a
division for administrative adjudication with
within the department of environmental
management. Such division shall exercise its
functions under the control of the director of
environmental management.
42-17.7-8.
Oaths — Subpoenas — Powers of hearing officers. -- (a) The
hearing
officers are hereby severally authorized and
empowered to administer oaths; and the hearing
officers, in all cases of every nature pending
before them, are hereby authorized and empowered
to summon and examine witnesses and to compel
the production and examination of papers,
books, accounts, documents, records,
certificates, and other legal evidence that may be necessary
or proper for the determination and decision of
any question before or the discharge of any duty
required by law of the hearing officer.
(b) All
subpoenas and subpoena duces tecum shall be signed by a hearing officer or the
clerk and shall be served as subpoenas are
served in civil cases in the superior court; and
witnesses so subpoenaed shall be entitled to the
same fees for attendance and travel as are
provided for witnesses in civil cases in the
superior court. In cases of contumacy or refusal to
obey the command of the subpoena so issued, the
superior court shall have jurisdiction upon
application of the director with proof by
affidavit of the fact, to issue a rule or order returnable in
not less than two (2) nor more than five (5)
days directing such person to show cause why he or
she should not be adjudged in contempt.
(c) Upon
return of such order, the justice before whom the matter is brought for hearing
shall examine under oath such person, and such
person shall be given an opportunity to be heard,
and if the justice shall determine that this
person has refused without reasonable cause or legal
excuse to be examined or to answer a legal or
pertinent question, he or she may impose a fine
upon this offender or forthwith commit the
offender to the adult correctional institutions until he
or she submits to do the act which he or she was
so required to do, or is discharged according to
law.
SECTION 24.
Section 42-17.9-5 of the General Laws in Chapter 42-17.9 entitled
“Preservation of State Open Space” is hereby
amended to read as follows:
42-17.9-5.
Rulemaking by the department. -- (a) The department of
environmental
management, in consultation with the department
of administration, shall by March 15, 2007,
establish by rule, integrated standards and
guidelines for preserving and protecting the state's
interest in open space values; the department
shall report on or before January 15, 2007, to the
speaker of the house, the president of the
senate, the chairperson of the house committee on
environment and natural resources and the
chairperson of the senate committee on environment
and agriculture on the status of the development
of said standards and guidelines.
(a)(b)
Said standards and guidelines shall set forth and provide for the
implementation of
criteria for evaluating actions that would
convey or amend state interests or constitute changes in
use of state-owned and managed property
requiring the approval of the department of
administration or the state properties committee.
Said criteria shall provide at a minimum:
(1) That any
conveyance or amendment affecting the state's interest in open space values
of such property shall serve a necessary public
interest and is the minimum needed to achieve the
purposes of the conveyance, amendment, or change
in use; and
(2) That to the
extent reasonably feasible there is no net loss of open space values as a
result of such conveyance, amendment, or change
in use; and
(3) That prior to
any sale, transfer, conveyance and/or amendment of interests, which
would adversely affect open space values, in
state-owned property that was acquired and/or
dedicated to and managed for open space
purposes, a new and not yet conserved parcel at least
equal in open space values and acreage shall be
acquired by the state for conservation purposes
provided this criterion shall not apply in
instances of declared disasters or emergencies or in
instances of imminent threat to public health or
public safety.
(b)(c)
Said standards and guidelines may provide for a determination that a parcel
other
than a parcel acquired or managed for open space
purposes or natural resources values does not
have significant open space value or that a
specific amendment or change in use or type of use
would not have a significant impact on open
space values, in which case the use of standards,
guidelines, and evaluation criteria as provided
for in §§ 42-17.9-6 and 42-17.9-7 shall not be
required.
(c)(d)
Said standards and guidelines shall be reviewed by the department at least once
every five (5) years and shall either be amended
or affirmed by the department as appropriate.
SECTION 25.
Section 42-24-1 of the General Laws in Chapter 42-24 entitled
“Commission on Uniform State Laws” is hereby
amended to read as follows
42-24-1.
Composition of commission — Expenses. -- (a) Membership. There
shall be a
commission on uniform state laws consisting of:
(i) Seven
(7) qualified electors, including three (3) members appointed by the speaker of
the house of representatives, not more than two
(2) from the same political party;
(ii) Three
(3) members appointed by the president of the senate, not more than two (2)
from the same political party; and
(iii) The
director of legislative council or his or her designee.
(b)
Qualifications. Members of the commission must be attorneys who are members
of a
state bar, qualified to practice law. The
general assembly members of the commission shall be ex
officio members with full voting powers. The
commission shall also consist of any qualified
electors who, because of long service in the
case of uniformity of state legislation, shall have been
elected life members of the national conference of
commissioners on uniform state laws.
(c) Terms.
Beginning on January 1, 2006 the speaker and the president shall each appoint
one member to serve a term of one year, one
member to serve a term of two (2) years, one
member to serve a term of three (3) years. Terms
shall commence with the date of appointment
and expire on the 30th day of June thereafter
corresponding with the number of years of the term
to which appointed. Thereafter appointments
shall be made for terms of three (3) years
commencing on July 1st in the year of
appointment and end on June 30th of the third year
thereafter.
(d) Vacancies.
Any vacancy in the board shall be filled in the same manner as the
original appointment for the remainder of the unexpired
term. Appointed members of the
commission shall continue to assume the duties
now performed by this commission in accordance
with this chapter and such other duties as may
be set forth by the governor or by act of the general
assembly.
(e)
Compensation. The commission shall serve without compensation, but shall be
reimbursed for their travel and necessary
expenses in accordance with the rates from time to time
established by the legislative department in its
rules and regulations and may expend such sums
of money as may be appropriated from time to
time by the general assembly. Elected life
members of the commission may be reimbursed for
travel and necessary expenses subject to
funding availability and the approval of the
joint committee on legislative services.
(b)(f)
Expiration of term. Terms of current members of the commission appointed by
the
governor shall expire December 31, 2005.
SECTION 26.
Sections 42-26-3, 42-26-6, 42-26-13, and 42-26-19 of the General Laws in
Chapter 42-26 entitled “Rhode Island Justice
Commission” is hereby amended to read as follows:
42-26-3.
Commission created — Composition. -- (a) There is hereby created
within the
executive branch the Rhode Island justice
commission, hereinafter called the commission, which
shall be under the jurisdiction of the governor.
(b) The
commission shall consist of: (1) a criminal justice policy board, (2) a
full-time
administrator and staff, and (3) such permanent
and ad hoc committees and task forces as the
board deems necessary.
42-26-6.
Criminal justice policy board — Appointment of members. -- The criminal
justice policy board shall consist of:
(1) The attorney
general;
(2) The
superintendent of the state police;
(3) The public
defender;
(4) The director
of the department of corrections;
(5) The director
of the department of human services;
(6) The director
of the department of mental health, retardation, and hospitals;
(7) The
chairperson of the state board of regents;
(8) The director
of the department for children and their families;
(9) The chief
justice of the family court;
(10) The president
of the Rhode Island police chiefs association;
(11) One police
chief selected by the Rhode Island police chiefs association;
(12) The chief
justice of the Rhode Island Supreme Court;
(13) The presiding
justice of the superior court;
(14) The chief
judge of the district court;
(15) Seven (7)
members of the general assembly; four (4) from the house of
representatives at least one of whom shall be a
member of the minority to be appointed by the
speaker, and three (3) from the senate at least
one of whom shall be a member of the minority to
be appointed by the president of the senate;
(16) The executive
director of the Rhode Island league of cities and towns;
(17) The director
of health;
(18) The director
of the division of fire safety;
(19) One
university or college faculty member with a research background in criminal
justice appointed by the governor;
(20) Four (4)
citizens appointed by the governor;
(21) Three (3)
representatives appointed by the governor from community service
organizations.
42-26-13.
Committee created — Purpose and composition. -- (a) There is
hereby
created within the Rhode Island justice
commission pursuant to the provisions of § 42-26-7 of
this chapter the criminal justice oversight
committee for the purpose of maintaining the secure
facilities at the adult correctional
institutions within their respective population capacities as
established by court order, consent decree or
otherwise.
(b) The
criminal justice oversight committee (hereinafter referred to as the committee)
shall consist of the following members who shall
assemble no less than four (4) times annually or
more often at the call of the chairperson or
upon petition of a majority of its members:
(1) The presiding
justice of the superior court;
(2) The chief
judge of the district court;
(3) The attorney
general;
(4) The public
defender;
(5) The
superintendent of state police;
(6) The director
of the department of corrections;
(7) The chairman
of the parole board;
(8) The executive
director of the Rhode Island justice commission;
(9) A member of
the governor's staff selected by the governor;
(10) Four (4)
members of the general assembly, one of whom shall be appointed by the
speaker and one of whom shall be appointed by
the president of the senate, one of whom shall be
appointed by the house minority leader and one
of whom shall be appointed by the senate
minority leader.
(11) A qualified
elector of this state who shall be appointed by the governor and
designated as chairperson of the committee.
(12) A member of
the victim's rights group, appointed by the Speaker of the House.
Each member of the
committee may appoint a permanent designee to attend committee
meetings in his/her absence. A quorum at
meetings of the committee shall consist of a majority of
its current membership.
42-26-19.
After school alternative program — Legislative intent. -- (a)
The legislature
hereby finds and declares the following:
(1) There is
greater threat to public safety resulting from gang and drug-related activity
in
and near Rhode Island's inner cities.
(2) Young people,
especially at-risk youth, are more vulnerable to gang and drug-related
activity during the potentially unsupervised
hours between the end of school and the time their
parents or guardians return home from work.
(3) Without local
prevention and treatment efforts, hard drugs will continue to threaten
and destroy families and communities in and near
the inner cities. Drug-related violence may then
escalate dramatically in every community, and
thereby burden the criminal justice system to the
point that it cannot function effectively.
(4) It is the
intent of the legislature that a pilot program, the "After School
Alternative
Program" (ASAP), be established and
implemented within a specified Rhode Island community.
This community program would utilize the public
schools, businesses, and community facilities
to provide supportive programs and activities to
young people during the time between the end of
school and the return home of their parents or
guardians (from approximately 2 p.m. to 7 p.m.).
SECTION 27.
Sections 42-28-3, 42-28-22.1, 42-28-25, and 42-28-47 of the General
Laws in Chapter 42-28 entitled “State Police”
are hereby amended to read as follows:
42-28-3.
Scope of responsibilities. -- (a) The Rhode Island state police
and the
superintendent shall be charged with the responsibility
of:
(a)(1)
Providing a uniformed force for law enforcement;
(b)(2)
Preparing rules and regulations for law enforcement;
(c)(3)
Maintaining facilities for crime detection and suppression; and
(d)(4)
Controlling traffic and maintaining safety on the highways.
(b) The
superintendent shall be ex-officio state fire marshal.
42-28-22.1.
Retirement contribution. -- (a) Each member of the state police
initially
hired after July 1, 1987 shall have deducted
from "compensation" as defined in § 36-8-1(11)
beginning July 1, 1989, an amount equal to a
rate percent of such compensation as specified in §
36-10-1 relating to member contributions to the
state retirement system. The receipts collected
from members of the state police shall be
deposited in a restricted revenue account entitled "state
police retirement benefits". The proceeds
deposited in this account shall be held in trust for the
purpose of paying retirement benefits to
participating members of the state police or their
beneficiaries. The retirement board shall
establish rules and regulations to govern the provisions
of this section.
(b) A
member of the state police who withdraws from service or ceases to be a member
for any reason other than death or retirement,
shall be paid on demand a refund consisting of the
accumulated contributions standing to his or her
credit in his or her individual account in the state
police retirement benefits account. Any member
receiving a refund shall thereby forfeit and
relinquish all accrued rights as a member of the
system together with credits for total service
previously granted to the member; provided,
however, that if any member who has received a
refund shall subsequently reenter the service
and again become a member of the system, he or she
shall have the privilege of restoring all moneys
previously received or disbursed to his or her
credit as refund of contributions.
(c) Upon
the repayment of the refund as herein provided, the member shall again receive
credit for the amount of total service which he
or she had previously forfeited by the acceptance
of the refund.
42-28-25.
State and municipal police training school established. -- (a)
Within the
Rhode Island state police there is hereby
created and established a state and municipal police
training school.
(b) The
superintendent of the state police shall have supervision of the state and
municipal police training academy and shall
establish standards for admission and a course of
training. The superintendent shall report to the
governor and general assembly a plan for a state
and municipal police training academy on or
before December 31, 1993. The superintendent
shall, in consultation with the police chiefs
association and the chairperson of the Rhode Island
commission on standards and training make all
necessary rules and regulations relative to the
admission, education, physical standards and
personal character of the trainees and such other
rules and regulations as shall not be
inconsistent with law.
(c)
Applicants to the state and municipal police training academy shall pay an
application fee in the amount of fifty dollars
($50.00), provided, however, the superintendent may
waive such application fee if payment thereof
would be a hardship to the applicant.
(d)
Trainees shall pay to the division an amount equal to the actual cost of meals
consumed at the state police and municipal
police training academy and the actual cost of such
training uniforms which remain the personal
property of the trainees.
(e) All
fees and payments received by the division pursuant to this section shall be
deposited as general revenues.
42-28-47.
Stolen or fire damaged vehicle report forms. -- (a) The state
police shall
draft a uniform statewide report form to be
utilized by all the police departments in the state when
a motor vehicle is reported stolen or is damaged
by fire. Once drafted, the report shall be made
available to the several police departments
within the state. Every owner of a motor vehicle which
is stolen or damaged by fire shall be required
to complete the standardized report form according
to the instructions contained therein upon the
request of any police department within the state.
Any person wilfully willfully
failing to complete and submit a report form as required by this
section may be fined one hundred dollars ($100).
(b) No payment
shall be made by an insurer for loss or damage to an insured's vehicle
until the insured has filed a report in
conformity with the provisions of this section and the insurer
has within thirty (30) days received said report
and determined that there is no fraud involved.
SECTION 28.
Section 42-28.1-5 of the General Laws in Chapter 42-28.1 entitled
“Municipal Police – Incentive Pay” is hereby
amended to read as follows
42-28.1-5.
Eligible expenses. -- (a) Upon presentation of evidence of
successful
completion of any course or courses as mentioned
in § 42-28.1-4 to the chief of the department in
which any police officer is a member, then the
respective town or city in which the officer is
employed shall reimburse him or her all his or
her eligible expenses incurred by taking the
courses within a period of ninety (90) days from
the submission. For the purposes of this section,
the words "eligible expenses" shall
include the cost of tuition, books, and supplies but shall not
include any expenses related to courses in a
program leading to a Bachelor of Laws (LLB) or a
Juris Doctor (JD) degree.
(b) Any
city or town may enter into an agreement with any police officer upon
acceptance to law school while in the employ of
said city or town.
Said agreement may
require the police officer to remain employed one month for each
month the officer received reimbursement for law
school.
Failure to meet
said employment shall mandate the officer reimburse the city or town the
full amount paid by the city or town for law
school.
SECTION 29.
Sections 42-28.2-3 and 42-28.2-8 of the General Laws in Chapter 42-28.2
entitled “Police Officers – Commission on
Standards and Training” are hereby amended to read
as follows:
42-28.2-3.
Commission established — Appointment and terms. -- The governor
shall
appoint five (5) persons to the commission on
standards and training, two (2) of whom shall serve
a term expiring January 31, 1970, two (2) of whom
shall serve a term expiring January 31, 1971,
and one of whom shall serve a term expiring
January 31, 1972, and until their respective
successors shall be appointed and qualified in
the month of January, 1970 and
(a) Starting
in January, 1970 and annually thereafter the governor shall
appoint members
to the commission to serve a term of three (3)
years commencing the first day of February next
following their respective appointment(s) and
until their respective successors shall be appointed
and qualified to succeed the person or persons
whose term next expires. At least one person
serving on the commission shall be appointed
from a list of five (5) names submitted to the
governor by the Rhode Island league of cities
and towns and at least three (3) persons serving on
the commission shall be chiefs of local police
departments.
(b) Members
of the commission shall be eligible for reappointment.
42-28.2-8.
Establishment of standards. -- (a) The commission on standards
and
training shall prepare and publish mandatory
training standards, not applicable to the city of
Providence, and to be promulgated with due
consideration to varying factors and special
requirements of local police agencies, the
division of enforcement of the department of
environmental management and the board of
regents relative to:
(a)(1)
Minimum standards of physical, educational, mental and moral fitness which
shall
govern the recruitment, selection, and
apportionment of police officers; provided, however, that
the minimum height and weight standards for
local police officers shall be determined by each
municipality.
(b)(2)
The commission with the approval of the governor will establish the courses of
training, and set rules and regulations relative
to the education, physical standards, and personal
character of candidates and trainees.
(c)(3)
Minimum course of study, attendance requirements, equipment, and facilities
required at the municipal police training
school, or other approved training schools certified
pursuant to § 42-28.2-6.
(d)(4)
Minimum qualification for instructors at the municipal police training school,
or
other approved training schools certified
pursuant to § 42-28.2-6.
(e)(5)
Minimum basic training requirements which police officers appointed to
probationary terms shall complete before being
eligible for continued or permanent employment,
and the term within which that basic training
must be completed following such appointment to a
probationary term.
(f)(6)
Minimum basic training requirements which police officers not appointed for
probationary terms but appointed on other than a
permanent basis shall complete before being
eligible for continued employment.
(g)(7)
Categories or classifications of advanced in-service training programs and
minimum courses of study and attendance
requirements for those categories or classifications.
(h)(8)
The establishment of subordinate regional training centers in strategic geographic
locations in order to serve the greatest number
of local police agencies that are unable to support
their own training programs.
(i)(b)
The commission shall establish a schedule of sessions of the school, of which
there
shall be a minimum of one session per year.
(j)(c)
The commission shall authorize the establishment of police training schools by
any
municipality which demonstrates that it can
satisfactorily meet the minimum standards
established for police training schools.
SECTION 30.
Section 42-28.3-1 of the General Laws in Chapter 42-28.3 entitled
“Aptitude and Psychological Tests for Law
Enforcement Candidates” is hereby amended to read
as follows:
42-28.3-1.
Test to be given. -- (a) In addition to any other requirement,
no person shall
be appointed a probationary or permanent state,
city or town policeman, boating safety officer,
conservation officer or park police officer
within the department of environmental management,
or correctional officer at the adult
correctional institution or at the training schools for boys or
girls, after May 8, 1973, or a boating safety
officer, conservation officer or park officer, within
the department of environmental management after
July 1, 1979, or civilian security specialist at
any national guard facility after January 31,
1984, a Rhode Island state deputy marshal appointed
on or after July 1, 1990, until he or she shall
have been tested and evaluated with standardized
procedures by a psychologist certified in accordance
with the provisions of chapter 44 of title 5.
The cost of the test and evaluation shall be
borne by the appointing authority.
(b) The
psychologist shall provide a report in writing of his or her evaluation
together
with pertinent recommendations for the guidance
of the appointing authority in considering the
total fitness of said person for the
appointment. Any candidate who receives an unsatisfactory
rating shall be ineligible for any of the above
specified positions.
SECTION 31.
Section 42-28.6-13 of the General Laws in Chapter 42-28.6 entitled “Law
Enforcement Officers’ Bill of Rights” is hereby
amended to read as follows
42-28.6-13.
Suspensions. -- (a) The provisions of this chapter are not intended to
prohibit
suspensions by the chief or the highest ranking
officer of the law enforcement agency.
(b) Summary
punishment of two (2) days' suspension without pay may be imposed for
minor violations of departmental rules and
regulations. Appeals of suspension under this
subsection shall be subject to the grievance
provisions of any applicable collective bargaining
agreement.
(c) Suspension may
be imposed by the chief or the highest ranking sworn officer of the
law enforcement agency when the law enforcement
officer is under investigation for a criminal
felony matter. Any suspension shall consist of
the law enforcement officer being relieved of duty,
and he or she shall receive all ordinary pay and
benefits as he or she would receive if he or she
were not suspended. Suspension under this
subsection shall not exceed one hundred eighty (180)
days.
(d) Suspension may
be imposed by the chief or highest ranking sworn officer of the law
enforcement agency when the law enforcement
officer in under investigation for a misdemeanor
criminal matter. Any such suspension shall
consist of the law enforcement officer being relieved
of duty, and he or she shall receive all
ordinary pay and benefits as he or she would receive if he
or she were not suspended. Suspension under this
subsection shall not exceed thirty (30) days;
provided, however, that if an officer is charged
with a misdemeanor offense the chief or highest
ranking sworn officer of the law enforcement
agency may continue said suspension with pay up
to a total of one hundred and eighty (180) days.
If the disposition of the criminal matter does not
take place within one hundred eighty (180) days
of the commencement of such suspension, the
law enforcement officer may be suspended without
pay and benefits; provided, however, that the
officer's entitlement to such medical insurance,
dental insurance, disability insurance and life
insurance as is available to all other officers within
the agency shall not be suspended. The law
enforcement officer may petition the presiding
justice of the superior court for a stay of the
suspension without pay, and such stay shall be
granted upon a showing that said delay in the
criminal disposition was outside the law
enforcement officer's control. In the event the law
enforcement officer is acquitted of any
misdemeanor related thereto, the officer shall be forthwith
reinstated and reimbursed all salary and
benefits that have not been paid during the suspension
period.
(e) Suspension may
be imposed by the chief or highest ranking sworn officer of the law
enforcement agency when the law enforcement
officer is under investigation for a noncriminal
matter. Any such suspension shall consist of the
law enforcement officer being relieved of duty,
and he or she shall receive all ordinary pay and
benefits as he or she would receive if he or she
were not suspended. Suspension under this
subsection shall not exceed fifteen (15) days or any
other time frame established under the
provisions of any applicable collective bargaining
agreement.
(f) Suspension may
be imposed by the chief or highest ranking sworn officer of the law
enforcement agency upon receipt of notice or
disciplinary action in accordance with § 42-28.6-
4(b) of this chapter in which termination or
demotion is the recommended punishment. Any such
suspension shall consist of the law enforcement
officer being relieved of duty, and he or she shall
receive all ordinary pay and benefits as he or
she would receive if he or she were not so
suspended.
(g) Any law
enforcement officer who is charged, indicted or informed against for a
felony or who is convicted of and incarcerated
for a misdemeanor may be suspended without pay
and benefits at the discretion of the agency or
chief or highest ranking sworn officers; provided,
however, that the officer's entitlement to
medical insurance, dental insurance, disability insurance
and life insurance as is available to all other
officers within the agency shall not be suspended. In
the event that the law enforcement officer is
acquitted of any felony related thereto, the officer
shall be reinstated and reimbursed forthwith for
all salary and benefits that have not been paid
during the suspension period.
(h) Any law
enforcement officer who is convicted of a felony shall, pending the
prosecution of an appeal, be suspended without
pay and benefits; provided, however, that the
officer's entitlement to such medical insurance,
dental insurance, disability insurance and life
insurance as is available to all other officers
within the agency shall not be suspended. Whenever,
upon appeal, such conviction is reversed, the
suspension under this subsection shall terminate and
the law enforcement officer shall forthwith be
paid the salary and benefits that would have been
paid to him or her during that period of
suspension.
(i) Any law
enforcement officer who pleads guilty or no contest to a felony charge
or
whose conviction of a felony has, after or in
the absence of a timely appeal, become final may be
dismissed by the law enforcement agency and, in
the event of such dismissal, other provisions of
this chapter shall not apply.
SECTION 32.
Sections 42-29-10, 42-29-22, and 42-29-23 of the General Laws in
Chapter 42-29 entitled “Sheriffs” are hereby
amended to read as follows:
42-29-10.
Removal of deputies by court. -- Any deputy sheriff may be removed for
misdemeanor in office by the Rhode Island
supreme court or by the superior court sitting for the
county to which the officer belongs, upon
complaint made.
42-29-22.
Execution of writs and precepts. -- The sheriff of every county, by him
himself or herself or his or her deputy, shall serve
and execute all writs and precepts to him or her
as directed, within his or her county or wherever
he or she may be authorized by law, or by
special order of the court issuing the writ or
precept.
42-29-23.
Mandates in writs and precepts. -- Every officer to whom any writ or
precept lawfully issued shall be delivered shall
execute the mandates therein contained as
commanded, and shall make return of his or her doings
action thereon. In case he or she be is
unable to execute the mandates, he or she shall
set forth the reason of for his or her failure in his
or her return.
SECTION 33.
Section 42-30-14 of the General Laws in Chapter 42-30 entitled “Notaries
Public and Justices of the Peace” is hereby amended
to read as follows:
42-30-14. Public
officers having notarial powers Public officers having notary
powers. -- (a) Every state senator,
state representative, member of a city or town council, chief,
deputy, and assistant clerk of any state court,
clerks of the board of canvassers, and worker's
compensation court, and municipal clerk and the
board of canvassers registrar during the period
for which he or she has been elected or
appointed, shall, upon completion of the certificate of
engagement as set forth in § 42-30-4, have the
power to act as a notary public as provided in this
chapter.
(b) Two
police officers from each state and local police department, as identified in
writing by the chief of police, shall, upon
completion of the certificate of engagement as set forth
in § 42-30-4, have the power to act as a notary
public as provided in this chapter. No office holder
set forth in this section shall be required to
pay the commission fee as provided in § 42-30-5. The
office holders must complete the certificate of
engagement as set forth in § 42-30-4.
SECTION 34.
Sections 42-34-6 and 42-34-10 of the General Laws in Chapter 42-34
entitled “Industrial-Recreational Building
Authority” are hereby amended to read as follows:
42-34-6.
Definitions. -- As used in this chapter, the following words and terms
shall
have the following meanings unless the context
shall indicate another or different meaning or
intent:
(1) (a) "Cost
of project" shall mean means, in the case of an industrial
project described
in subdivision (3)(a), the cost or fair market
value of acquisition, whichever is lower, or the cost
of construction, alteration, reconstruction,
expansion or rehabilitation of an industrial project by a
local industrial development corporation or by a
project owner, and in the case of an industrial
project described in subdivision (3)(b), the
cost of acquisition by a local development corporation
or by a project owner. There may be included in
cost of project the costs of all financing charges,
existing encumbrances, interest during
construction period, engineering, architectural and legal
services, plans, specifications, surveys, cost
estimates, studies, and other expenses as may be
necessary or incident to the development,
construction, financing, and placing in operation of an
industrial project.
(b) "Cost of
project" shall, in the case of a recreational project described in
subdivision
(3)(e) (4) mean means the cost or
fair market value of new construction (including renovations or
remodeling of existing structures if the
authority determines that such renovation or remodeling
adds fifty percent (50%) or more to the fair
market value of the structure exclusive of the value of
the land upon which it rests), lands, property
rights, machinery, easements, franchises, fixtures,
financing charges, interest, engineering and
legal services, plans, specifications, surveys, cost
estimates, studies, and other expenses as may be
necessary or incident to the development,
construction, financing, and placing in
operation of a recreational project; provided, however, that
in the expense of any renovations or remodeling
of existing structures shall not be included in
"cost of project" to the extent that
expense exceeds the fair market value of the structure
(exclusive of the land upon which it rests) as
so renovated or remodeled.
(2) "Federal
agency" shall mean means and include the United States of
America, the
President of the United States of America, and
any department of, or corporation, agency, or
instrumentality heretofore or hereafter created,
designated, or established by the United States of
America.
(3) (a)
"Industrial project" shall mean means lands or buildings
or other real estate
improvements in Rhode Island, or any interest
therein, acquired and constructed, reconstructed,
improved, expanded, renovated, or rehabilitated
by a local development corporation or by a
project owner, together with all easements and
other interests in the property, provided that the
industrial project is to be used:
(i) by any
industry for the manufacturing, processing, or assembling of raw materials or
manufactured products, or
(ii) for the
providing of research or warehousing facilities for the benefit of any such
industry, or
(iii) an office
and/or wholesale and/or retail facility, which facility is to be at least
fifty-
one percent (51%) owner-occupied, and provided
further that the authority has determined that
the industrial project or other real estate
improvement will tend to provide gainful employment
for the people of Rhode Island, or to prevent,
eliminate, or reduce unemployment in Rhode
Island, increase the tax base of the economy, diversify
and expand industry so that periods of
large scale unemployment and distressed times
may be avoided, and generally benefit economic
development in Rhode Island. An industrial
project as defined herein may be located on leased
land provided the term of the lease extends at
least until the maturity date, as defined in this
section.
(b)
"Industrial project" shall also mean means any
machinery and equipment provided:
(i) the machinery
and equipment has been acquired for use in connection with any
building new or otherwise, or other real estate
improvement in Rhode Island, used for the
manufacturing, processing, or assembling of raw
materials or manufactured products or for the
providing of research facilities in connection
therewith, furniture and/or fixtures, or used for
office and/or wholesale and/or retail purposes
in a facility which is at least fifty-one percent
(51%) owner-occupied;
(ii) the authority
has determined that the machinery and equipment will tend to provide
gainful employment for the people of Rhode
Island or to prevent, eliminate, or reduce
unemployment in Rhode Island, increase the tax
base of the economy and diversify and expand
industry so that periods of large scale
unemployment and distressed times may be avoided, and
generally benefit economic development in Rhode
Island;
(iii) the owner
therefore has agreed not to remove the machinery and equipment from the
building or real estate improvement until the
principal obligation of any mortgage on the
machinery and equipment, the mortgage payments
under which are insured by the authority
pursuant to § 42-34-10, has been paid in full,
except that the machinery and equipment may be
removed from the building or real estate
improvement with the prior written consent of the
authority if such owner has agreed to substitute
in place thereof other machinery and equipment
approved by the authority and the mortgage
within such reasonable period of time as the authority
shall prescribe.
(c) An industrial
project as defined herein shall cost more than one hundred thousand
dollars ($100,000); provided, however, where the
authority commences to insure mortgage
payments on an industrial project defined in
subdivision (3)(b) at the same time as it commences
to insure mortgage payments on an industrial
project defined in subdivision (3)(a) it shall have
the power to commence insuring mortgage payments
on such industrial project defined in
subdivision (3)(b) without limitation as to the
minimum amount of one hundred thousand dollars
($100,000) provided for herein.
(d) An industrial
project under the provisions of subdivisions (3)(a) and (3)(b) may
include a real estate improvement or machinery
and equipment suitable for the abatement or
control of industrial pollution to be used in
connection with any buildings, real estate
improvement, or machinery and equipment,
provided, however, that the determinations under the
provisions of subdivisions (3)(a) and (3)(b)
need not be made by the authority.
(4)
"Recreational project" shall mean means any building,
facility, development, or
improvement in Rhode Island and the interest of
the owner of such building, facility,
development, or improvement in and to the land
upon which it may be located, provided that the
owner's interest be in fee simple or be a
leasehold interest in land owned by the state of Rhode
Island having a term expiring not less than ten
(10) years after the date of recording the mortgage
hereinafter defined, and provided the building,
facility, development, or improvement is designed
in whole or in part to attract tourists to this
state and including, without limiting in any way the
generality of the foregoing, marinas, beaches,
bathing facilities, ski facilities, convention
facilities, hotels, motels, golf courses, camp
grounds, arenas, theaters, lodges, guest cottages, and
all types of facilities, and furniture and/or
fixtures, related thereto as may be determined from
time to time by the authority and which the
authority has determined will contribute to the health
and welfare of the people or will tend to
improve the economy of the state, increase employment,
or provide a wider tax base. A recreational
project as defined herein shall cost more than twenty-
five thousand dollars ($25,000).
(5)
"Industrial pollution" shall mean means any gaseous,
liquid, or solid waste substance,
or combination thereof, resulting from the
operations of an industry referred to in subdivision
(3)(a), which pollute the land, water, or air of
Rhode Island.
(6) "Local
development corporation" shall mean means any corporation or
foundation
organized and operated primarily for the
purposes of fostering, encouraging, and assisting the
physical location, settlement, and resettlement
of industrial and manufacturing enterprises or
recreational enterprise within the state or
promoting the industry or recreational promotion of the
state, including, for recreational purposes, the
Rhode Island industrial facilities corporation no
part of the net earnings of which inures to the
benefit of any private shareholder or individual.
(7) "Maturity
date" shall mean means the date on which the mortgage
indebtedness
would be extinguished if paid in accordance with
periodic payments provided for in the
mortgage.
(8) (a)
"Mortgage" shall mean means for a subdivision (3)(a) or
(3)(b) project a first
mortgage or security agreement on an industrial
project creating and constituting a first lien of
record, together with bonds, notes, evidences of
indebtedness, or other credit instruments issued
by a mortgagor to finance such project and
secured thereby; provided, however, a first mortgage
shall include a second or subsequent mortgage or
security agreement on an industrial project if:
(i) the holder of
such second or subsequent mortgage or security agreement is also the
holder of a prior mortgage or security agreement
on such industrial project under which prior
mortgage or security agreement the authority is
already insuring mortgage payments and;
(ii) no other
person or legal entity holds an intervening mortgage, security interest or lien
on such industrial project prior to such second
or subsequent mortgage or security interest; and
provided further, that "mortgage"
shall also mean a second mortgage or security agreement that
(i) is issued by a project owner to a local
development corporation and (ii) involves a principal
obligation that does not exceed forty percent
(40%) of the cost of project. Industrial projects
described in subdivisions (3)(a), (3)(b), and
(3)(d) may be financed and secured together if the
requirements of § 42-34-10 are met.
(b)
"Mortgage" shall mean means for the purpose of a
subdivision (3)(e) (4) project , a
first mortgage on a recreational project
together with bonds, notes, evidences of indebtedness, or
other credit instruments issued by a mortgagor
to finance such project and secured thereby.
(9)
"Mortgagee" shall mean means the original lender
approved by the authority under a
mortgage, and its successors and assigns and may
include all insurance companies, trust
companies, banks, building and loan
associations, credit unions, savings and loan associations,
investment companies, savings banks, local
development corporations, individuals, executors,
administrators, guardians, conservators,
trustees, and other fiduciaries; including pension,
retirement and profit-sharing funds; provided,
however, that where there has been appointed a
trustee under an indenture of trust or other
similar document for the benefit of the holders of
bonds or notes issued to finance an industrial
project secured by a mortgage, "mortgagee" shall
mean such trustee. A local development
corporation can be a second mortgagee only for a
subdivision (3)(a) or (3)(b) project if the
second mortgage or security agreement is issued by the
project owner to the local development
corporation and the principal obligation of the second
mortgage does not exceed forty percent (40%) of
the cost of the project.
(10) "Project
owner" shall mean means any business entity, other than a
local
development corporation, that owns an industrial
project.
(11)
"Mortgagor" shall mean means a local development corporation
as defined herein.
(12)
"Mortgage payments" shall mean means periodic payments
by the mortgagor to the
mortgagee required by the mortgage, and may
include interest, installments of principal, taxes
and assessments, land lease rentals, mortgage
insurance premiums and hazard insurance
premiums, or any of them as the authority may
prescribe.
42-34-10.
Insurance of mortgages. -- (a) The authority is authorized, upon
application
of the proposed mortgagee, to insure mortgage
payments required by a mortgage on any
industrial and/or recreational project, upon
such terms and conditions as the authority may
prescribe, provided the aggregate amount of the
unpaid principal balance of all obligations of all
mortgages so insured outstanding at any one time
shall not exceed eighty million dollars
($80,000,000).
(b) To be
eligible for insurance under the provisions of this chapter a mortgage shall:
(1) Be one which is made to and held by a
mortgagee approved by the authority;
(2) Involve a
principal obligation, including initial service charges and appraisal,
inspection and other fees approved by the
authority, not to exceed five million dollars
($5,000,000) for any one project and not to
exceed ninety percent (90%) of the cost of any project
described in § 42-34-6(3)(a) and not to exceed
eighty percent (80%) of the cost of any project
described in § 42-34-6(3)(b), and not to exceed
seventy-five percent (75%) of the cost of any
project described in § 42-34-6(4);
(3) Have a
maturity date satisfactory to the authority but in no case later than
twenty-five
(25) years from the date of the mortgage for any
project described in § 42-34-6(3)(a) and (4) and
twenty (20) years from the date of the mortgage
for any project described in § 42-34-6(3)(b);
(4) Contain
complete amortization provisions satisfactory to the authority requiring
periodic payments, costs of local property taxes
and assessments, land lease rentals, if any, and
hazard insurance on the property and such
mortgage insurance premiums as are required under §
42-34-11, all as the authority shall from time
to time prescribe or approve;
(5) Be in such
form and contain such terms and provisions, with respect to property,
insurance, repairs, alterations, payment of
taxes and assessments, restrictions as to location of
machinery and equipment, default reserves,
delinquency charges, default remedies, anticipation
of maturity, additional and secondary liens, and
other matters as the authority may prescribe. No
mortgage for any project described in §
42-34-6(4) shall be insured under the provisions of this
chapter unless the authority shall have made
affirmative determinations in accordance with
subdivisions (15) and (16) of § 42-34-7.
SECTION 35.
Section 42-35-11 of the General Laws in Chapter 42-35 entitled
“Administrative Procedures” is hereby amended to
read as follows:
42-35-11.
Examination of evidence by agency. – (a) Whenever in a contested
case a
majority of the officials of the agency who are
to render the final decision have not heard the case
or read the record, the decision, if adverse to
a party to the proceeding other than the agency
itself, shall not be made until a proposal for
decision is served upon the parties, and an
opportunity is afforded to each party adversely
affected to file exceptions and present briefs and
oral argument to the officials who are to render
the decision.
(b) The
proposal for decision shall contain a statement of reasons and include the
determination of each issue of fact or law
necessary to the proposed decision, prepared by the
person who conducted the hearing or one who has
read the record. The parties by written
stipulation may waive compliance with this
section.
SECTION 36.
Sections 42-45-2 and 42-45-12 of the General Laws in Chapter 42-45
entitled “Rhode Island Historical Preservation
and Heritage Commission” are hereby amended to
read as follows:
42-45-2.
Creation of commission — Members. -- (a) There is hereby created within
the executive department an historical
preservation and heritage commission consisting of fifteen
(15) members as follows:
(1) Ten
(10) shall represent the public and shall be appointed by the governor as
herein
provided. Of the ten (10) public members, at
least one shall possess background and
qualifications of an historian, one an
archaeologist, one an architect, or an architectural historian,
one a museologist, and one an anthropologist,
one a landscape historian or landscape architect,
and one a representative of a private nonprofit
historic preservation organization.
(2) Five
(5) members shall consist of: the director of the Rhode Island Economic
Development Corporation; the director of the
department of environmental management; the
associate director of administration for
planning; the state building commissioner, and the state
historic preservation officer, each of whom
shall serve as nonvoting ex-officio members.
(3) The
governor shall appoint the public members of the commission as follows: two (2)
members to serve until the first day of June,
1970, three (3) members to serve until the first day of
June, 1971, and four (4) members to serve until
the first day of June, 1972, and all members shall
serve until their successors are appointed and
qualified.
(4) In the
month of May, 1970, and in the month of May in each year thereafter, the
governor shall appoint successors to the public
members of the commission whose terms shall
expire in that year, to hold office commencing
on the first day of June in the year of appointment
and until the first day of June in the third
year after their respective appointments or until their
respective successors are appointed and
qualified.
(5) Any
vacancy of a public member which may occur in the commission shall be filled
by appointment by the governor for the remainder
of the unexpired term. All gubernatorial
appointments made pursuant to this subsection
after the effective date of this act [July 15, 2005]
shall be subject to the advice and consent of
the senate. No person shall be eligible for
appointment to the commission unless he or she
is a resident of the state. Each ex-officio member
of the commission may designate a subordinate
within his or her department or agency to
represent him or her at all meetings of the
commission. Members of the commission shall be
eligible to succeed themselves.
(b) Members of the
commission shall be removable by the governor pursuant to § 36-1-7
and for cause only, and any removal solely for
partisan or personal reasons unrelated to capacity
or fitness for the office shall be unlawful.
42-45-12.
Eisenhower House — Rental fees. -- (a) The Historical
Preservation and
Heritage Commission is hereby authorized to
collect rental fees for use of the Eisenhower House
and surrounding grounds. The rental fees shall
be established by regulation. All fees collected
under this section shall be deposited as general
revenues. The Historical Preservation and
Heritage Commission may require certain
attendants to be present during rental hours and may
require the lessees to reimburse the cost of
such service provided such cost reflect the actual cost
of the commission. The commission may also
require reasonable amounts of liability insurance to
be obtained by the lessee.
(b) The
Historical Preservation and Heritage Commission and the state shall not be
civilly liable for the acts or omissions of the
lessees of the Eisenhower House.
SECTION 37.
Section 42-46-4 of the General Laws in Chapter 42-46 entitled “Open
Meetings” is hereby amended to read as follows:
42-46-4.
Closed meetings. -- (a) By open call, a public body may hold a
meeting
closed to the public upon an affirmative vote of
the majority of its members. A meeting closed to
the public shall be limited to matters allowed
to be exempted from discussion at open meetings by
§ 42-46-5. The vote of each member on the
question of holding a meeting closed to the public
and the reason for holding a closed meeting, by
a citation to a subdivision of § 42-46-5(a), and a
statement specifying the nature of the business
to be discussed, shall be recorded and entered into
the minutes of the meeting. No public body shall
discuss in closed session any public matter
which does not fall within the citations to §
42-46-5(a) referred to by the public body in voting to
close the meeting, even if these discussions
could otherwise be closed to the public under this
chapter.
(b) All
votes taken in closed sessions shall be disclosed once the session is reopened;
provided, however, a vote taken in a closed
session need not be disclosed for the period of time
during which its disclosure would jeopardize any
strategy, negotiation or investigation undertaken
pursuant to discussions conducted under §
42-46-5(a).
SECTION 38.
Sections 46-4-2, 46-4-6.2, 46-4-6.4, 46-4-6.5, 46-4-6.7, 46-4-6.8, 46-4-
6.9, 46-4-6.12, 46-4-6.13, 42-4-6.14, 46-4-6.15,
42-4-6.16, and 46-4-6.17 of the General Laws in
Chapter 46-4 entitled “Harbors and Harbor Lines”
are hereby amended to read as follows:
46-4-2. City
and town control of harbors — Harbormasters — Extension of
Providence jurisdiction.
(a) The
council of any city or town is hereby authorized and empowered to appoint a
harbormaster for the harbors within the confines
of the city or town, and to ordain and establish
such bylaws and ordinances and establish such
fees and compensation as the city council or town
council may deem necessary and expedient for
carrying out the provisions of this section;
provided, that the jurisdiction, powers, and
duties of the harbormaster of the city of Providence
shall include all the public waters westerly of
the easterly sides of the ship channels in Seekonk
River, Providence River and Harbor and
Narragansett Bay from the Pawtucket-Providence city
line southerly to the point of intersection of
the ship-channel side with a straight line drawn from
Rumstick Point on the east shore to Rocky Point
on the west shore, excluding that area subject to
jurisdiction of the city of Cranston, pursuant
to the provisions of § 46-4-5.1, and all acts of the
general assembly and ordinances of the city of
Providence, now or hereafter passed, relative to
the harbor of the city of Providence, shall
apply to and be in force relative to the public waters.
(b) The
council of the town of Little Compton is hereby authorized and empowered to
enact ordinances to regulate or ban the setting
of lobster pots, fish nets, or cribs, within the harbor
at Little Compton to prevent interference with
the use of moorings or navigation therein;
provided, further, that all harbormasters shall
receive education and training in first aid and CPR
from any entity which is authorized or licensed
to conduct the training or education; provided,
further, that all harbormasters shall attend The
Rhode Island Harbormaster Training Academy.
46-4-6.2. Town of Bristol — Powers conferred. -- (a) The
provisions of § 46-22-14 or
any other provisions of the general laws
notwithstanding and in addition to any authority and
powers conferred upon the town council of the
town of Bristol, authority shall also be granted to
the town council of the town of Bristol to enact
ordinances as the town council may deem
necessary or desirable for the enforcement and
supervision of any rules and regulations
established by the town council governing the
public waters and harbors within its jurisdiction,
and to regulate by ordinance the speed,
management, and control of all vessels and the size, type,
location, and use of all anchorages and moorages
within the public waters within the confines of
the town, including, without limiting the
generality of the foregoing, the authority and power to
regulate waterskiing upon any of the public
waters; to designate upon a map of the public waters
within the town the places where permanent or
temporary moorings or anchorages may be
maintained; to assign moorings; to remove
moorings; to collect fees for the use of moorings; to
provide for minimum mooring specifications; to
provide for inspection of moorings; to provide
regulations for houseboats that are not self-propelled;
to provide regulations for regattas, races,
marine parades, tournaments, and exhibitions;
and to provide for the removal of wrecks or
derelict or abandoned boats or docks; to provide
for the regulation of skin diving and scuba
diving; and to impose penalties for violation of
the ordinances not exceeding in amount one
hundred dollars ($100) or imprisonment not
exceeding ten (10) days in some jail or house of
correction for any one offense and the fines to
be recovered to the use of the town.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title,
as amended.
46-4-6.4.
Town of North Kingstown — Powers conferred. -- (a) The
provisions of §
46-22-14, or any other provisions of the general
laws notwithstanding, and in addition to any
authority and powers conferred upon the town
council of the town of North Kingstown authority
shall also be granted to the town council of the
town of North Kingstown to authorize for the
appointment of a harbormaster and by ordinance
grant such authority as the town council may
deem necessary to the harbormaster for the
enforcement and supervision of any ordinances, rules,
and regulations governing the public waters
within its jurisdiction, to regulate by ordinance the
speed, management, and control of all vessels
and the size, type, location, and use of all
anchorages and moorings within the public waters
within the confines of the town including,
without limiting the generality of the
foregoing, the authority and power to prohibit waterskiing
on any of the public waters, to provide for the
regulation of skin diving, and scuba diving, to
designate upon a map of the public waters within
the town the places where permanent or
temporary moorings or anchorages may be
maintained, to assign moorings, to remove moorings,
to set and collect a fee for the use of
moorings, to provide for minimum mooring specifications,
to provide regulations for houseboats that are
not self-propelled, to provide regulations for
regattas, races, marine parades, tournaments,
and exhibitions, to provide for the removal of
wrecks or derelict or abandoned boats or docks,
and to impose penalties for violation of the
ordinances, not exceeding in amount one hundred
dollars ($100) or imprisonment not exceeding
ten (10) days in some jail or house of
correction, for any one offense, the fines to be recovered to
the use of the town.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title.
46-4-6.5. Town of Tiverton — Powers conferred.
-- (a)
The provisions of § 46-22-14
or any other provisions of the general laws
notwithstanding and in addition to any authority and
powers conferred upon the town council of the
town of Tiverton, authority shall also be granted
to the town council of the town of Tiverton to
authorize for the appointment of a harbor
commission and by ordinance grant such authority
as the town council may deem necessary or
desirable to the harbor commission for the
enforcement and supervision of any ordinances, rules,
and regulations governing the public waters
within its jurisdiction, and to regulate by ordinance
the speed, management, and control of all
vessels and the size, type, location, and use of all
anchorages and moorages within the public waters
within the confines of the town, including,
without limiting the generality of the
foregoing, the authority and power to regulate waterskiing
upon any of the public waters; to designate upon
a map of the public waters within the town the
places where permanent or temporary moorings or
anchorages may be maintained; to assign
moorings; to remove moorings; to collect fees
for the use of moorings; to provide for minimum
mooring specifications; to provide for
inspection of moorings; to provide regulations for
houseboats that are not self-propelled; to provide
regulations for regattas, races, marine parades,
tournaments, and exhibitions; to provide for the
removal of wrecks or derelict or abandoned boats
or docks; to provide for the regulation of skin
diving, and scuba diving; and to impose penalties
for violation of the ordinances not exceeding in
amount one hundred dollars ($100) or
imprisonment not exceeding ten (10) days in some
jail or house of correction for any one offense
and the fines to be recovered to the use of the
town.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title,
as amended.
46-4-6.7.
Town of Little Compton — Powers conferred. -- (a) The provisions
of §
46-22-14, or any other provisions of the general
laws notwithstanding, and in addition to any
authority and powers conferred upon the town
council of the town of Little Compton, authority
shall also be granted to the town council of the
town of Little Compton to enact ordinances as the
town council may deem necessary or desirable for
the enforcement of any rules and regulations
established by the town council governing the
public waters within its jurisdiction, and to regulate
by ordinance the speed, management, and control
of all vessels and objects and the size, type,
location, and use of all anchorages and moorages
within the public waters within the confines of
the town, including, without limiting the
generality of the foregoing, the authority and power to
regulate waterskiing upon any of the public
waters; to designate upon a map of the public waters
within the town the places where permanent or
temporary moorings or anchorages may be
maintained; to assign moorings; to remove
moorings; to collect fees for the use of moorings, the
fees to be recovered for use by the town of
Little Compton; to provide for minimum mooring
specifications, to provide for inspection of
moorings; to provide regulations for houseboats that
are not self-propelled; to regulate the location
and placement of lobster pots, fish traps, and other
fishing gear; to provide regulations for
regattas, races, marine parades, tournaments, and
exhibitions; to provide for the removal of
wrecks and derelicts or abandoned boats or docks; to
provide for the regulation of skin diving and
scuba diving; to prevent littering and pollution of its
public waters; and to impose penalties for
violation of the ordinances not exceeding in amount
one hundred dollars ($100) or imprisonment not
exceeding ten (10) days in some jail or house of
correction for any one offense and the fines to
be recovered to the use of the town.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title.
46-4-6.8. Town of Narragansett — Powers
conferred. --
(a) The provisions of § 46-
22-14 or any other provisions of the general
laws notwithstanding and in addition to any authority
and powers conferred upon the town council of
the town of Narragansett, authority shall also be
granted to the town council of the town of
Narragansett to authorize the appointment of a
harbormaster, assistant harbormasters, and a Harbor
Management Committee and to enact such
ordinances as the town council may deem
necessary or desirable for the enforcement and
supervision of any ordinances, rules, and
regulations governing the public waters within its
jurisdiction, to regulate by ordinance the
speed, management, and control of all vessels and the
size, type, location, and use of all anchorages
and moorings within the public waters within the
confines of the town including, without limiting
the generality of the foregoing, the authority and
power to prohibit waterskiing of any of the
public waters, to provide for the regulation of skin
diving, and scuba diving, to designate upon a
map of the public waters within the town the places
where permanent or temporary moorings or anchorages
may be maintained, to assign moorings,
to remove moorings, to set and collect a fee for
the use of moorings, to provide for minimum
mooring specifications, to provide regulations
for houseboats that are not self-propelled, to
provide regulations for regattas, races, marine
parades, tournaments, and exhibitions, to provide
for the removal of wrecks or derelicts or
abandoned boats or docks, and to impose penalties for
violation of the ordinances, not exceeding in
amount one hundred dollars ($100) or imprisonment
not exceeding ten (10) days for any one offense,
the fines to be recovered to the use of the town.
The town council shall also have the authority
to recover the cost of removing any wreck or
derelicts or abandoned boats or docks from the
owner or persons responsible for the wrecks,
derelicts, abandoned boats, or docks by suit in
either the district court or the superior court of
Washington County.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title.
46-4-6.9. Town of Jamestown — Powers conferred.
-- (a)
The provisions of § 46-22-
14, or any other provisions notwithstanding, and
in addition to any authority and powers
conferred upon the town council of the town of
Jamestown, authority shall also be granted to the
town council of the town of Jamestown to enact
ordinances as the town council may deem
necessary or desirable for the enforcement and supervision
of any rules and regulations
established by the town council governing the
public waters within its jurisdiction, and to regulate
by ordinance the speed, management, and control
of all vessels and the size, type, location, and
use of all anchorages and moorages within the
public waters within the confines of the town,
including, without limiting the generality of
the foregoing, the authority and power to regulate
waterskiing upon any of the public waters; to
designate upon a map of the public waters within
the town the places where permanent or temporary
moorings or anchorages may be maintained;
to assign moorings; to remove moorings; to
collect fees for the use of moorings; to provide for
minimum mooring specifications; to provide for
inspection of moorings; to provide regulations
for houseboats that are not self-propelled; to
provide regulations for regattas, races, marine
parades, tournaments, and exhibitions; to
provide for the removal of wrecks or derelict or
abandoned boats or docks; to provide for the
regulation of skin diving and scuba diving; and to
impose penalties for violation of the ordinances
not exceeding in amount one hundred dollars
($100) or imprisonment not exceeding ten (10)
days in some jail or house of correction for any
one offense and the fines to be recovered to the
use of the town.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title,
as amended.
46-4-6.12.
Town of Middletown — Powers conferred. -- (a) The provisions of
§ 46-
22-14, or any other provisions of the general
laws notwithstanding, and in addition to any
authority and powers conferred upon the town
council of the town of Middletown, authority shall
also be granted to the town council of the town
of Middletown to authorize for the appointment of
a harbor master and by ordinance grant such
authority as the town council may deem necessary to
the harbor master for the enforcement and
supervision of any ordinances, rules, and regulations
governing the public waters within its
jurisdiction, to regulate by ordinance the speed,
management, and control of all vessels, both
wind and power, and the number, size, type,
location, and use of all anchorages and moorings
within the public waters within the confines of
the town including, without limiting the
generality of the foregoing, the authority and power to
prohibit waterskiing on any of the public
waters, to provide for the regulation of skin diving and
scuba diving, to designate upon a map of the
public waters within the towns the places where
permanent or temporary moorings or anchorages
may be maintained, to assign moorings, to
remove moorings, to set and collect a fee for
the use of moorings, to provide for minimum
mooring specifications, to provide regulations
for houseboats that are not self-propelled, to
provide regulations for regattas, races, marine
parades, tournaments, and exhibitions, to provide
for the removal of wrecks or derelict or
abandoned boats or docks, and to impose penalties for
violation of the ordinances, not exceeding in
amount one hundred dollars ($100) or imprisonment
not exceeding ten (10) days in some jail or
house of correction, for any one offense, the fines to
be recovered to the use of said town.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources management
council as provided in chapter 23 of this title.
46-4-6.13. Town of Portsmouth — Powers
conferred. --
(a) The provisions of § 46-
22-14 or any other provisions of the general
laws notwithstanding, and in addition to any
authority and powers conferred upon the town
council of the town of Portsmouth authority shall
also be granted to the town council of the town
of Portsmouth to authorize for the appointment of
a harbor master and by ordinance grant such
authority as the town council may deem necessary to
the harbor master for the enforcement and
supervision of any ordinances, rules, and regulations
governing the public waters within its
jurisdiction, to regulate by ordinance the speed,
management, and control of all vessels, both
wind and power, and the number, size, type,
location, and use of all anchorages and moorings
within the public waters within the confines of
the town, including, without limiting the
generality of the foregoing, the authority and power to
prohibit waterskiing on any of the public
waters, to provide for the regulation of skin diving and
scuba diving, to designate upon a map of the
public waters within the town the places where
permanent or temporary moorings or anchorages
may be maintained, to assign moorings, to
remove moorings, to set and collect a fee for
the use of moorings, to provide for minimum
mooring specifications, to provide regulations
for houseboats that are not self-propelled, to
provide regulations for regattas, races, marine
parades, tournaments, and exhibitions, to provide
for the removal of wrecks or derelict or
abandoned boats or docks, and to impose penalties for
violation of the ordinances, not exceeding in
amount one hundred dollars ($100) or imprisonment
not exceeding ten (10) days in some jail or
house of correction, for any one offense, the fines to
be recovered to the use of the town.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title
and, further, the provisions of this section
shall not affect the location or assignment of any
moorings existing on June 27, 1986, except that
those deemed by the harbor master to be located
at an unacceptable site shall be moved should he
or she so order.
46-4-6.14.
Town of East Greenwich — Powers conferred. -- (a) The provisions
of §
46-22-14, or any other provisions of the general
laws notwithstanding, and in addition to any
authority and powers conferred upon the town
council of the town of East Greenwich, authority
shall also be granted to the town council of the
town of East Greenwich to authorize for the
appointment of a harbor master and by ordinance
grant such authority as the town council may
deem necessary to the harbor master for the
enforcement and supervision of any ordinances,
rules, and regulations governing the public
waters within its jurisdiction, to regulate by ordinance
the speed, management, and control of all
vessels, both wind and power, and the number, size,
type, location, and use of all anchorages and
moorings within the public waters within the
confines of the town including, without limiting
the generality of the foregoing, the authority and
power to prohibit waterskiing on any of the
public waters, to provide for the regulation of
skindiving and scubadiving, to designate upon a
map of the public waters within the town the
places where permanent or temporary moorings or
anchorages may be maintained, to assign
moorings, to remove moorings, to set and collect
a fee for the use of moorings, to provide for
minimum mooring specifications, to provide
regulations for houseboats that are not self-
propelled, to provide regulations for regattas,
races, marine parades, tournaments, and
exhibitions, to provide for the removal of
wrecks or derelict or abandoned boats or docks, and to
impose penalties for violation of the
ordinances, not exceeding in amount one hundred dollars
($100) or imprisonment not exceeding ten (10)
days in some jail or house of correction, for any
one offense, the fines to be recovered to the
use of the town.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title.
46-4-6.15. Town of Cranston — Powers conferred.
-- (a)
The provisions of § 46-22-
14, or any other provisions of the general laws
notwithstanding, and in addition to any authority
and powers conferred upon the city council of
the city of Cranston, authority shall also be granted
to the city council of the city of Cranston to
authorize for the appointment of a harbor master and
by ordinance grant such authority as the said
city council may deem necessary to the harbor
master for the enforcement and supervision of
any ordinances, rules and regulations governing
the public waters within its jurisdiction, to
regulate by ordinance the speed, management and
control of all vessels, both wind and power, and
the number, size, type, location and use of all
anchorages and moorings within the public waters
within the confines of the city including,
without limiting the generality of the
foregoing, the authority and power to prohibit waterskiing
on any of the public waters, to provide for the
regulation of skin diving and scuba diving, to
designate upon a map of the public waters within
the city the places where permanent or
temporary moorings or anchorages may be
maintained, to assign moorings, to remove moorings,
to set and collect a fee for the use of
moorings, to provide for minimum mooring specifications,
to provide regulations for houseboats that are
not self-propelled, to provide regulations for
regattas, races, marine parades, tournaments,
and exhibitions, to provide for the removal of
wrecks or derelict or abandoned boats or docks,
and to impose penalties for violation of the
ordinances, not exceeding in an amount of one
hundred dollars ($100) or imprisonment not
exceeding ten (10) days in some jail or house of
correction, for any one offense, the fines to be
recovered to the use of the city.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title.
46-4-6.16. Town of Warren — Powers conferred. -- (a) The
provision of § 46-22-14
or any other provisions of the general laws
notwithstanding and in addition to any authority and
powers conferred upon the town council of the
town of Warren, authority shall also be granted to
the town council of the town of Warren to
authorize for the appointment of a harbor master and
by ordinance grant such authority as the town
council may deem necessary to the harbor master
for the enforcement and supervision of any
ordinances, rules, and regulations governing the
public waters within its jurisdiction, to
regulate by ordinance the speed, management, and control
of all vessels, both wind and power, and the
number, size, type, location, and use of all
anchorages and moorings within the public waters
within the confines of the town including,
without limiting the generality of the
foregoing, the authority and power to prohibit waterskiing
on any of the public waters, to provide for the
regulation of skin diving and scuba diving, to
designate upon a map of the public waters within
the town the places where permanent or
temporary moorings or anchorages may be maintained,
to assign moorings, to remove moorings,
to set and collect a fee for the use of
moorings, to provide for minimum mooring specifications,
to provide regulations for houseboats that are
not self-propelled, to provide regulations for
regattas, races, marine parades, tournaments,
and exhibitions, to provide for the removal of
wrecks or derelict or abandoned boats or docks,
and to impose penalties for violation of the
ordinances, not exceeding in amount one hundred
dollars ($100) or imprisonment not exceeding
ten (10) days in some jail or house of
correction, for any one offense, the fines to be recovered to
the use of said town.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title.
46-4-6.17. Town of Westerly — Powers conferred.
-- (a)
The provisions of § 46-22-
14, or any other provisions of the general laws
notwithstanding, and in addition to any authority
and powers conferred upon the town council of
the town of Westerly, authority shall also be
granted to the town council of the town of
Westerly to authorize for the appointment of a harbor
master and by ordinance grant such authority as
the town council may deem necessary to the
harbor master for the enforcement and
supervision of any ordinances, rules, and regulations
governing the public waters within its
jurisdiction, to regulate by ordinance the speed,
management, and control of all vessels, both
wind and power, and the number, size, type,
location, and use of all anchorages and moorings
within the public waters within the confines of
the town including, without limiting the
generality of the foregoing, the authority and power to
prohibit water-skiing on any of the public
waters, to provide for the regulation of skin diving and
scuba diving, to designate upon a map of the
public waters within the towns the places where
permanent or temporary moorings or anchorages
may be maintained, to assign moorings, to
remove moorings, to set and collect a fee for
the use of moorings, to provide for minimum
mooring specifications, to provide regulations
for houseboats that are not self-propelled, to
provide regulations for regattas, races, marine
parades, tournaments, and exhibitions, to provide
for the removal of wrecks or derelict or
abandoned boats or docks, and to impose penalties for
violation of the ordinances, not exceeding in
amount one hundred dollars ($100) or imprisonment
not exceeding ten (10) days in some jail or
house of correction, for any one offense, the fines to
be recovered to the use of said town.
(b) No
powers or duties granted herein shall be construed to abrogate the powers or
duties granted to the coastal resources
management council as provided in chapter 23 of this title.
SECTION 39. Sections 46-5-1.1 and 46-5-12 of the
General Laws in Chapter 46-5
entitled “Construction of Port Facilities” are
hereby amended to read as follows:
46-5-1.1.
Permission to conduct filling activity distinguished from grants of rights
and property interest in the filled area. -- (a) It is the
policy of the state of Rhode Island that
the state's permission to fill tidelands is
separate and distinct from the state's granting of a right,
title, or interest in and to the resulting
filled area. Furthermore, it is the policy of the state of
Rhode Island that the state permission to use
tidal lands is separate and distinct from the state's
conveyance of its fee title estate, or any real
estate interest, in the tidal lands. Any title to a free
hold estate may be conveyed only by a valid
legislative grant for public trust purposes by direct
enactment of the general assembly as specified
in this chapter. Moreover, any leasehold interest
or license to use those lands may only arise
under the authority of the general assembly whether
exercised by the general assembly itself or
exercised pursuant to a valid delegation to a duly
authorized instrumentality of the state. Any state
permission to use tidal lands belonging to the
state shall be deemed to create only a revocable
license interest unless a greater interest is clearly
intended by the permission and the requirements
of this chapter for the creation of that greater
interest are met.
(b) It is
intended that there shall be no acquiring of any right or title whatsoever to
these
public lands by adverse possession or by a
acquiescence of the sovereign. It is further intended
that there shall be no acquiring of any right or
title to any freehold estate to these public lands by
any permit or approval to conduct fill activity,
however denominated or manifested, or by any
other means, including through the leasing and
licensing of these public lands, except solely by
grant and enactment of the general assembly as
provided in this chapter for a use that benefits the
public under the public trust doctrine. Without
impairing any right, title, or interest that may have
previously vested, any placement of fill to a harbor
line or other filling of tidal lands, which has
not been commenced and completed as of the date
of the enactment of this section, [July 18,
2000] shall not be effective as conveying the
state's title nor as a limitation on the public trust.
(c) Nothing
in this section shall be construed to limit, impair, increase, or add to the
ownership rights or title in any filled lands
which vested prior to the enactment of this section
[July 18, 2000].
46-5-12.
Rules and regulations — Penalty for violation. -- (a) The
director shall
establish and enforce such proper rules and
regulations for the government and proper care of all
the property acquired under this chapter,
whether improved or unimproved, as the director shall
deem best, and shall furnish a copy of the rules
and regulations to all persons using or occupying
the land, property, or any portion thereof, and
shall make all needful orders necessary to carry out
the provisions of this chapter, and shall fix
penalties for disobeying the rules, regulations, or
orders, and shall also file in his or her office
a copy of all rules, regulations, and orders adopted
by the director.
(b) Any
person who shall violate any rule, regulation, or order of the department, a
copy
thereof shall have been theretofore filed in the
office of the director of environmental
management, shall, upon conviction thereof, be
fined not exceeding five hundred dollars ($500),
or imprisoned not exceeding thirty (30) days, or
both, in the discretion of the court.
SECTION 40. Sections 46-6.1-4, 46-6.1-5,
46-6.1-7, and 46-6.1-9 of the General Laws
in Chapter 46-6.1 entitled “Maintenance of
Marine Waterways and Boating Facilities” are hereby
amended to read as follows:
46-6.1-4.
Definitions. -- For the purposes of this chapter, the following terms
shall mean:
(1)
"Beneficial use" shall mean means the placement or use
of dredged material for some
productive purpose, and shall include, but not
be limited to, uses such as beach nourishment,
habitat creation and enhancement, brownfields
redevelopment, landscaping, construction projects,
and landfill cover.
(2) "Coastal
zone" shall mean means the coastal waters of the state and
adjacent lands
and other areas that are under the regulatory jurisdiction
of the coastal resources management
council pursuant to chapter 23 of this title or
the federal Coastal Zone Management Act [16
U.S.C. § 1451 et seq.].
(3)
"Council" shall mean means the coastal resources
management council.
(4) "Dewatering"
shall mean means actively or passively removing water from
dredged
material to facilitate its beneficial use or
disposal.
(5)
"Department" shall mean means the department of
environmental management.
(6)
"Director" shall mean means the director of the
department of environmental
management.
(7)
"Disposal" shall mean means nontemporary relocation and
placement of dredged
material other than a beneficial use.
(8) "Disposal
site" shall mean means a precise geographic area within
which dredged
material is disposed.
(9) "Dredged
material" shall mean means material excavated from the
waters of the state,
including rock, gravel, sand, clay, silt, mud,
organic material, and material discarded by humans.
(10) "Executive
director" shall mean means the executive director of the
coastal resources
management council.
(11)
"Habitat" shall mean means the specific area or
environment in which a particular
plant or animal lives.
(12)
"Person" shall mean means any individual, group of
individuals, firm, corporation,
association, partnership or private or public
entity, including a district, county, city, town, or other
governmental unit or agent thereof, and in the
case of a corporation, any individual having active
and general supervision of the properties of
such corporation.
(13)
"Site" shall mean means all contiguous land,
structures, and appurtenances and
improvements.
(14) "Site
operator" shall mean means the person who is responsible for
the operation of
activities at a beneficial use, dewatering, or
disposal site for dredged materials.
(15) "Site
owner" shall mean means the person who owns all or a part of
a beneficial use,
dewatering, or disposal site for dredged
materials.
(16) "Upland
areas" shall mean means areas that are not in the coastal
zone.
46-6.1-5. Comprehensive plan for dredged
material management. -- (a) The council
shall prepare, adopt and maintain, pursuant to §
46-23-1(e), a comprehensive plan for dredged
material management for dredging that takes
place in the coastal zone. The plan shall include,
among other matters:
(1) Coastal zone
and upland areas that are deemed suitable, depending on the nature and
characteristics of the dredged material, for the
beneficial use and disposal of dredged material;
(2) Approved sites
and/or types of areas suitable for dewatering; and
(3) Protocols for
monitoring dredged material disposal sites in the coastal zone.
(b) The
director shall by January 31, 2002, adopt by rule a list of upland sites and
types
of areas suitable for beneficial use and
disposal of dredged materials, and shall adopt such
revisions as may be necessary to the list no
less frequently than biennially thereafter, which list
shall be incorporated in the comprehensive plan
for dredged material management.
46-6.1-7. Applications for approval of dredging,
beneficial use, and disposal. -- (a)
Any person proposing to dredge in the coastal
zone, or to dewater or to engage in the beneficial
use or disposal of dredged material from the
coastal zone, shall be required to obtain approval
from the council, and from the department
pursuant to § 42-17.1-24 as appropriate, before
undertaking such activity. An application for
approval or approvals shall be made to the council
and shall include, among any other matters that
may be required, a statement of how it addresses
the priorities for dredged material management
set forth in § 46-6.1-2 and of how it is consistent
with a plan adopted by the council pursuant to §
46-6.1-5. Any application for maintenance
dredging of dredged material that is suitable
for in-water disposal or appropriate for a beneficial
use provided for in the comprehensive plan for
dredged material management shall be considered
as having the priority assigned to a project of
critical economic concern pursuant to chapter 117
of title 42 and shall be provided, in order to
accomplish the purpose set forth in § 46-6.1-2(2),
expeditious agency review according to procedures
established under § 42-117-8, as appropriate.
(b)
Notwithstanding the provisions of any rule, resolution, or ordinance, adopted
under §
31-25-26, to the contrary, approval by the
council shall constitute approval to operate appropriate
motor vehicles in a manner necessary to
implement the provisions of an approved application.
46-6.1-9. Cooperation of other agencies. -- (a) In order to
accomplish the purposes of
this chapter to provide for beneficial use,
dewatering, and disposal of dredged material:
(1) State
agencies, departments, corporations, authorities, boards, commissions,
including, but not limited to, the department of
administration, the department of transportation,
the clean water finance agency, the economic
development corporation, the Narragansett Bay
commission, and the Rhode Island resource
recovery corporation, and political subdivisions, shall
cooperate with the council in developing and
implementing the comprehensive plan for dredged
material management;
(2) The council
shall seek federal acceptance of the comprehensive plan for dredged
material management as an element of the state's
coastal zone management program and shall
pursue such federal approvals and general
permits as may facilitate expeditious action on
dredging applications that are consistent with
the plan;
(3) The economic
development corporation shall:
(i) Make available
by October 31, 2004, a site to use as a dewatering site for dredged
material, which site shall be available for
dewatering dredged material until at least September
30, 2012, and may continue to be available
thereafter for periods of not less than six (6) months,
upon the request of the council and the approval
of the corporation; and
(ii) With advice
from the council and the department, develop and implement a program
to market dredged material for beneficial use by
private persons, including but limited to
brownfield reclamation projects; and
(4) The council,
with the cooperation of the department and the Rhode Island clean water
finance agency, shall develop a proposal for a
fund, which may be used as provided for in § 46-
12.2-4.1, to support projects for dewatering
dredged material for beneficial use and disposal of
dredged material at sites above mean high water
and for confined aquatic disposal of dredged
materials, which proposal shall be submitted to
the general assembly not later than February 15,
2002.
(b) The fund
shall not be established or go into effect unless it has been approved by the
general assembly.
SECTION 41.
Section 46-12-7 of the General Laws in Chapter 46-12 entitled “Water
Pollution” is hereby amended to read as follows:
46-12-7. Subpoena
of witnesses — Enforcement. -- (a) All subpoenas shall be served
as subpoenas in civil cases in superior court,
and witnesses so subpoenaed shall be entitled to the
same fees for attendance and travel as are
provided witnesses in civil cases in superior court. In
cases of contumacy or refusal to obey the
command of the subpoena so issued, the superior court
shall have jurisdiction upon application of the
director, with proof by affidavit of the fact, to issue
a rule or order returnable in not less than two
(2) nor more than five (5) days directing the person
to show cause why he or she should not be
adjudged in contempt.
(b) Upon
return of the order, the justice before whom the matter is brought for hearing
shall examine under oath the person, and the
person shall be given an opportunity to be heard,
and if the justice shall determine that the
person has refused without reasonable cause or legal
excuse to be examined or to answer a legal or
pertinent question, the justice may impose a fine
upon the offender or forthwith commit the
offender to the adult correctional institutions, there to
remain until the offender submits to do the act
which the offender was so required to do, or is
discharged according to law.
SECTION 42.
Section 46-12.5-2 of the General Laws in Chapter 46-12.5 entitled “Oil
Pollution Control” is hereby amended to read as
follows:
46-12.5.1-2.
Powers and duties of the director. -- (a) In addition to the
other powers
granted the director of environmental management,
the director shall have and may exercise these
powers and duties:
(a)(1)
To exercise general supervision of the administration and enforcement of this
chapter and all rules and regulations and orders
promulgated hereunder;
(b)(2) To
promulgate rules and regulations for the transportation of oil on the waters
and
over the land of this state; for the emergency
response for the containment, cleanup, and
abatement of a discharge of oil; for the
assessment of penalties and recovery of costs and of
damages as set forth in this chapter; and for
any other procedures necessary for the
implementation of this chapter;
(c)(3)
To promulgate rules and regulations for oil discharge contingency plans. The
rules
and regulations may at the minimum:
(1)(i)
Prohibit the transfer of oil to or from a tank vessel or oil barge without an
oil
discharge contingency plan that the appropriate
authority has approved;
(2)(ii)
Require proof of financial responsibility by the owner or operator of the tank
vessel or oil barge; and
(3)(iii)
Address catastrophic oil discharges.
(d)(4)
To exercise all incidental powers necessary to carry out the purposes of this
chapter;
(e)(b) Nothing
in this chapter shall be construed to abridge the powers and duties of the
director over water pollution, including the
discharge of oil, as established in this title, or in
chapter 17.1 or 35 of title 42, or in title 23.
SECTION 43.
Sections 46-12.7-3.1, 46-12.7-4.1, and 64-12.7-8.1 of the General Laws in
Chapter 46-12.7 entitled “Oil Spill Prevention,
Administration and Response Fund” are hereby
amended to read as follows:
46-12.7-3.1.
Financing of the fund. -- The fund shall consist of the following
sources:
(1) Sums the legislature
may appropriate;
(2) Moneys
received from federal, state, or other sources for the purpose of response,
containment, abatement, rehabilitation, and
monitoring costs from an oil spill in marine or
estuarine waters;
(3) Moneys received
from any private donor for the oil spill prevention, administration,
and response fund;
(4) Costs
recovered or otherwise received from parties responsible for the containment
and cleanup of oil at a specific site, but
excluding funds from performance bonds and other forms
of financial responsibility held in escrow
pending satisfactory performance of a privately funded
response action;
(5) Fines,
penalties, or damages recovered under any sections of this chapter, chapter
12.5 of this title, or other law as a result of
the release or threatened release of oil;
(6) The fee
required pursuant to § 46-12.7-4.1; and
(7) Any interest
earned on the moneys in the fund.
46-12.7-4.1.
Uniform oil response and prevention fee. --
(a) A uniform oil
spill response and prevention fee in an amount not exceeding five cents
($.05) for each barrel of petroleum products, as
set by the director pursuant to subsection (d) of
this section, shall be imposed upon every person
owning petroleum products at the time the
petroleum products are received at a marine
terminal within this state by means of a vessel from a
point of origin outside this state. The fee
shall be remitted to the division of taxation on the 30th
day of each month based upon the number of
barrels of petroleum products received during the
preceding month.
(b) Every owner of
petroleum products shall be liable for the fee until it has been paid to
the state, except that payment to a marine
terminal operator registered under this chapter is
sufficient to relieve the owner from further
liability for the fee; provided, however that the fee for
asphalt products and asphalt derivatives shall
be one cent ($.01) per barrel of asphalt products or
derivatives.
(c) Whenever the
director, in consultation with the department and the division of
taxation, estimates that the amount in the fund
will reach the amount specified in subsection (e) of
this section, and the money in the fund is not
required for the purposes specified in § 46-12.7-5.1,
the director shall instruct the division of
taxation to cease collecting the fee.
(d) The director
shall set the amount of the oil spill prevention and response fees. The
administrator, except for the fee set out in subsection
(b), shall not set the amount of the fee at
less than five cents ($0.05) for each barrel of
petroleum products or crude oil, unless the director
finds that the assessment of a lesser fee will
cause the fund to reach the designated amount within
six (6) months.
(e) For the
purposes of this chapter, "designated amount" means an amount equal
to ten
million dollars ($10,000,000), adjusted for
inflation after January 1, 1998, according to an index
which the director may reasonably choose.
(f) All fees
collected pursuant to this section shall be deposited in the oil spill
prevention,
administration, and response fund, and shall be
disbursed according to the purposes expressed in
§ 46-12.7-5.1.
(g)
Notwithstanding the provisions of subsection (f) of this section, on July 1,
2002, July
1, 2004 and each July 1st thereafter, two
hundred and fifty thousand dollars ($250,000) of the
fees collected under this section shall be
deposited into the coastal and estuarine habitat
restoration trust fund (the "trust").
46-12.7-8.1.
Expenditure of fund money. -- (1)(a) The director may
only expend
money from the fund for post-spill activities
when a discharge of oil has occurred, or the threat of
a discharge has led the state to take appropriate
response, or for pre-spill activities and research,
development, and monitoring activities if the
following determinations have been made:
(a)(1)
A responsible party does not exist or the responsible party is unable or
unwilling to
provide adequate and timely cleanup or to pay
for the damages resulting from the spill. The
director shall make a reasonable effort to have
the responsible party remove the oil or agree to
pay for any actions resulting from the spill
that may be required by law.
(b)(2)
Federal oil spill funds are not available or will not be available in an
adequate
period of time. Notwithstanding this paragraph,
the director may expend money from the fund for
authorized expenditures when a reimbursement
procedure is in place to receive reimbursements
from federal oil spill funds.
(2)(b)
Disbursements may be made from the fund for the following purposes:
(a)(1)
Administrative expenses, personnel expenses and equipment costs of the
department related to the enforcement of this subchapter
chapter;
(b)(2)
All costs, including without limitation personnel undertaking oil spill
response
activities and equipment expenses, involved in
the removal of oil, the abatement of pollution and
the implementation of remedial measures
including restoration of water supplies, related to the
release of oil, petroleum products, and their
by-products;
(c)(3)
[Deleted by P.L. 2002, ch. 62, § 2.]
(d)(3)
Payment of all damage claims awarded in accordance with this section;
(e)(4)
Payment of costs of arbitration and arbitrators in accordance with this
section;
(f)(5) Payment
of costs of insurance by the state to extend or implement the benefits of
the fund; and
(g)(6)
Payment of costs for the collection of overdue reimbursements.
SECTION 44. Sections 46-12.8-1 and 46-12.8-13 of
the General Laws in Chapter 46-
12.8 entitled “Water Projects Revolving Loan
Fund” are hereby amended to read as follows:
46-12.8-1.
Legislative findings. -- (a) It is hereby found that there exists and
will in the
future exist within the state of Rhode Island
the need to construct and reconstruct facilities related
to and acquire watershed protection land in
connection with the provision of safe drinking water
throughout the state of Rhode Island.
(b) It is hereby
further found that to provide financial assistance for the acquisition,
design, planning, construction, enlargement,
repair, protection or improvement of public drinking
water supplies or treatment facilities,
including any of those actions required under the federal
Safe Drinking Water Act of 1974, 42 U.S.C., §§
300f — 300j-9, including the Safe Drinking
Water Act (SDWA) amendments of 1996 (Pub. L.
104-182) and any amendments thereto, it is
necessary to establish a revolving loan fund
program to provide a perpetual source of low cost
financing for safety drinking water projects.
(c) It is
hereby further found that to secure maximum benefit to the state from a safe
drinking water revolving loan fund, it is
necessary to place such fund within the jurisdiction and
control of the Rhode Island Clean Water
Protection Finance Agency, which agency presently runs
the state's revolving fund with respect to the state's
wastewater pollution abatement program,
which agency shall exclusively administer the
financing portion of the safe drinking water
revolving loan fund, but which shall
nevertheless work, as necessary, with the department of
environmental management, the water resources
board, the Rhode Island department of health,
the division of public utilities and carriers
and any other agency or instrumentality of the state or
federal government with responsibility for the
development or supervision of water supply
facilities within the state.
46-12.8-13.
Bonds eligible for investment. -- Bonds issued by the agency under this
chapter and local governmental obligations
issued hereunder are hereby made securities in which
all public officers and agencies of the state
and its political subdivisions, all insurance companies,
trust companies in their commercial departments,
savings banks, cooperative banks, banking
associations, investment companies, executors,
administrators, trustees, and other fiduciaries may
properly invest funds, including capital in
their control or belonging to them. The bonds and local
governmental obligations are hereby made
securities which may properly be deposited with and
received by any state or municipal officer of
any agency or political subdivision of the state for
any purpose for which the deposit of bonds or
obligations of the state or any political subdivision
is now or may hereafter be authority authorized
by law.
SECTION 45.
Sections 46-12.9-5, 46-12.9-6, 46-12.9-7, and 46-12.9-11 of the General
Laws in Chapter 46-12.9 entitled “Rhode Island
Underground Storage Tank Financial
Responsibility Act” are hereby amended to read
as follows:
46-12.9-5.
Purpose of fund. -- (a) The purpose of the fund shall be to
facilitate the
clean-up of releases from leaking underground
storage tanks, underground storage tank systems,
including those located on sites or government
sites in order to protect the environment including
drinking water supplies and public health and to
take necessary action to proactively prevent such
releases.
(b) The
fund shall provide reimbursement to responsible parties for the eligible costs
incurred by them as a result of releases of
certain petroleum from underground storage tanks or
underground storage tank systems as provided
herein. Monies in the fund shall be dispensed only
upon the order of the review board or its
designee for the following purposes.
(1) The fund shall
pay not more than one million dollars ($1,000,000) per incident and up
to two million dollars ($2,000,000) in the
aggregate for damages of eligible costs, as defined in
regulations promulgated hereunder and, as
further defined in § 46-12.9-3 excluding legal costs
and expenses, incurred by a responsible party as
a result of a release of petroleum from an
underground storage tank or underground storage
tank system; provided, however, that a
responsible party shall be responsible for the
first twenty thousand dollars ($20,000) of said
eligible costs;
(2) [Deleted by
P.L. 2001, ch. 328, § 1.]
(3)(2)
Reimbursement for any third party claim including, but not limited to, claims
for
bodily injury, property damage and damage to
natural resources which are asserted against a
responsible party and which have arisen as a
result of a release of petroleum from an underground
storage tank or underground storage tank system
in an amount not to exceed one million dollars
($1,000,000) for each release as set forth in
subsection (2) of this section; provided, that such
claims are found by the review board to be
justified, reasonable, related to the release of
petroleum and not excessive or spurious in
nature; and
(4)(3)
Eligible costs incurred by the department in carrying out the investigative,
remedial and corrective action activities at
sites of a petroleum release associated with an
underground storage tank or underground storage
tank system where the responsible party fails to
comply with an order of the department to take
such corrective action. In the event of such
failure, the department may access the fund to
perform the ordered work and shall proceed to
recover from the responsible party on behalf of
the fund any amount expended from the fund by
the department.
(5)(4)
Nothing contained in this chapter shall be construed to prevent subrogation by
the
state of Rhode Island against any responsible
party other than the owner and/or operator for all
sums of money which the fund shall be obligated
to pay hereunder plus reasonable attorneys' fees
and costs of litigation and such right of
subrogation is hereby created.
(6) [Deleted by
P.L. 2001, ch. 328, § 1.]
(7)(5)
Eligible costs incurred by the department to support the fund, including, but
not
limited to, all personnel support to process and
review of claims in order to formulate
recommendations for reimbursement for
consideration by the review board, and providing
meeting space for Board meetings provided,
however, that no more than five hundred and fifty
thousand dollars ($550,000) shall be dispensed
from the fund for administrative purposes during
any fiscal year. The department shall directly
access the fund, pursuant to the limits set forth in §
46-12.9-5(1) above, to pay for such expenses.
(8)(6)
Grants to any third party for purposes of removal of underground storage tanks
and/or replacement of underground storage tanks
with other fuel storage and distribution systems,
including aboveground storage tanks, when such
removal and/or replacement will minimize the
potential future exposure of the fund to major
expenses related to reimbursement of costs incurred
in response or remediation should a future
release occur. Grants under this section shall be limited
to fifty thousand dollars ($50,000) per site and
shall be in addition to any eligible reimbursement
for clean up expenses at that site.
46-12.9-6.
Eligibility. -- (a) In order to be eligible for reimbursement from the
fund for
eligible costs a responsible party must be
subject to financial responsibility as required by the
EPA (40 CFR part 280 subpart H) and:
(1) Have
substantially complied with all state technical requirements for underground
storage tanks and underground storage tank
systems as promulgated by the department of
environmental management pursuant to chapter 12
of this title and chapter 17.1 of title 42,
including but not limited to, requirements for
registration, proper installation, spill containment,
line leak detection, corrosion protection, leak
detection, tank tightness testing, inventory control,
closure and leak or spill reporting;
(2) Have incurred
an eligible cost in excess of the deductible amount specified in § 46-
12.9-5(2) whether for clean-up or related
matters or for claims of third parties as set forth in § 46-
12.9-3 resulting from a release of petroleum,
subject to the motor and special fuels tax from an
underground storage tank or underground storage
tank system. In order to apply for
reimbursement from the fund, it shall not be
necessary that the third party and the responsible
party complete adjudication of any claim before
submission to the review board; provided,
however, that all such claims shall be reasonably
verified and must be demonstrated to the
reasonable satisfaction of the review board in
order to be considered eligible for reimbursement.
(b) [Deleted by
P.L. 2001, ch. 328, § 1.]
(c) [Deleted by
P.L. 2001, ch. 328, § 1.]
(d)(b)
Notwithstanding the financial responsibility requirement of this section,
responsible parties may be eligible for
reimbursement of eligible costs incurred for government
sites provided that:
(1) A city, town,
the state or a state agency is the responsible party for a release at the
government site and was the owner of the site at
the time of the release;
(2) A city, town,
the state or a state agency is the responsible party and owner of the
government site at the time of application on which
a release occurred prior to the city, town or
state agency's ownership, provided that the
government entity purchased the property prior to
March 1, 1998; or
(3) A city, town,
the state or a state agency was the responsible party at the time of the
release and the government site is owned by a
successor in interest at the time of application.
(e)(c)
Notwithstanding the requirement that the released petroleum be subject to the
motor and special fuels tax, underground storage
tanks containing petroleum products for which
the motor and special fuels tax is inapplicable
including, but not limited to, underground storage
tanks used for the distribution of No. 2 heating
oil, used/waste oil, kerosene or other materials as
deemed appropriate by the review board may be
eligible for reimbursement with the following
exceptions:
(1) Underground
storage tanks containing heating or fuel oils used solely for onsite
consumption shall not be eligible.
(2) Underground
storage tanks exempted from the department's "regulations for
underground storage facilities used for
petroleum products and hazardous materials" under
Section 5.03 and Section 9.01 (A-D) shall not be
eligible.
46-12.9-7.
Rules and regulations. -- The department is hereby authorized to
promulgate,
implement and amend regulations, in accordance
with the provisions of chapter 35 of title 42,
providing for the submission of claims to the
fund and the timely disbursement of monies from
the fund. Such regulations shall include, but
not be limited to, the following:
(1) A means of
notifying all eligible parties of the existence and functioning of the fund;
(2) The record
keeping required of eligible parties for submission to and reimbursement
from the fund;
(3) A set criteria
which establishes the eligibility for reimbursement of specific costs,
expenses and other obligations;
(4) [Deleted by
P.L. 2001, ch. 328, § 1.]
(5)(4)
A method of providing periodic reimbursement for eligible costs incurred by an
eligible party after July 8, 1994;
(6)(5)
A requirement that the review board render its decisions to an eligible party
upon
the receipt of a complete claim for
reimbursement within ninety (90) days following its receipt of
completed claim;
(7)(6)
Establishing procedures for verifying claims presented under this chapter;
(8)(7)
Establishing procedures for approving, modifying or denying claims;
(9)(8)
The eligibility of claims shall be determined by the review board, provided
however, that no claims shall be considered for
costs incurred prior to January 1, 1994 by
responsible parties who are owners or operators
of no more than one location containing
underground storage tanks and July 8, 1994 by all
other responsible parties.
(10)(9)
Empowering the department to recognize and arrange for performance-based and
other contracts with the responsible party and
contractor for the remediation of a release.
(11)(10)
Empowering the department to arrange for the establishment of alternate
means
of financial responsibility.
46-12.9-11.
Fundings. -- (a) There is hereby imposed an environmental protection
regulatory fee of at the rate of one cent ($0.01)
per gallon payable of motor fuel, to be collected
by distributors of motor fuel when the product
is sold to owners and/or operators of underground
storage tanks. Each distributor shall be
responsible to the tax administrator for the collection of
the regulatory fee, and if the distributor is
unable to recover the fee from the person who ordered
the product, the distribution shall nonetheless
remit to the tax administrator the regulatory fee
associated with the delivery. In accordance with
the regulations to be promulgated hereunder, the
fee shall be collected, reported, and paid to
the Rhode Island division of taxation as a separate
line item entry, on a quarterly tax report by
those persons charged with the collection, reporting,
and payment of motor fuels taxes. This fee shall
be administered and collected by the division of
taxation. Notwithstanding the provisions of this
section, the fee shall not be applicable to
purchases by the United States government.
(b) [As amended
by P.L. 2006, ch. 44, § 1, effective January 1, 2006, until July 1, 2006. ]
All fees derived under the provisions of this
chapter, including tank registration fees assessed
pursuant to § 46-12.9-7(9), shall be paid to and
received by the review board, which shall keep
such money in a distinct interest bearing
restricted receipt account to the credit of and for the
exclusive use of the fund provided that for the
period January 1, 2006 through June 30, 2006, all
revenues generated by the environmental
protection regulatory fee up to a maximum of two
million dollars ($2,000,000) shall be deposited
into the general fund. All fees collected may be
invested as provided by law and all interest
received on such investment shall be credited to the
fund.
(b) [As redesignated
by P.L. 2006, ch. 246, art. 27, § 3, effective July 1, 2006. ] When
the fund reaches the sum of eight million
dollars ($8,000,000), the imposition of the fee set forth
in this chapter shall be suspended, and the
division of taxation shall notify all persons responsible
for the collection, reporting and payments of
the fee of the suspension. In the event that the
account balance of the fund subsequently is
reduced to a sum less than five million dollars
($5,000,000) as a result of fund activity, the
fee shall be reinstated by the division of taxation,
following proper notice thereof, and once
reinstated, the collection, reporting, and payment of the
fee shall continue until the account balance
again reaches the sum of eight million dollars
($8,000,000).
(c) Upon the
determination by the review board and the department that the fund has
reached a balance sufficient to satisfy all
pending or future claims, the review board shall
recommend to the general assembly the discontinuation
of the imposition of the fee created in this
section.
SECTION 46. Sections 46-13-2.1, 46-13-18, and
46-13-21 of the General Laws in
Chapter 46-13 entitled “Public Drinking Water
Supply” are hereby amended to read as follows:
46-13-2.1.
Approval required. -- (a) No person shall operate or maintain a public
water supply system unless the system is
approved by the director of health. Applications for
approval shall be made to the director on forms
provided for this purpose.
(b) Upon receipt
of an application, the director shall review the application, supporting
documents, and conduct an inspection of the
public water supply system to determine if it meets
the requirements for approval set forth in this
chapter and the regulations adopted hereunder. If,
after review, the director determines that the
public water supply system complies with the
requirements of this chapter and the regulations
adopted hereunder, approval of the application to
operate or maintain a public water supply system
shall be granted.
(c) An approval,
unless sooner suspended or revoked, shall expire on the 30th day of
June following its issuance and may be reviewed
from year to year. Each approval shall be issued
only for the public water supply system and
persons named on the application, and shall not be
transferable or assignable.
(d) The
initial fee for any approval and the approval renewal fee shall be established
by
the director by regulation. The fees as
established by the director shall be related to the costs
incurred in operating the program and may
include administrative, personnel, equipment,
laboratory services and such other related costs
necessary to carry out the provisions of this
section of the law. All fees collected under
this section shall be deposited as general revenues.
46-13-18. Adoption of regulations. -- (a) The director is
hereby authorized to adopt
regulations consistent with the provisions of
this chapter, the federal Safe Drinking Water Act, 42
U.S.C. § 300f et seq., and the federal
regulations adopted under that act. All new and existing
public water supply systems subject to the
provisions of this chapter must comply with the
provisions of this chapter and with all the
regulations adopted under this chapter in order to obtain
and/or maintain approval by the director as a
public water supply system. The director is further
authorized to establish by regulation a schedule
of fees for applications, approvals, and renewals
required by this chapter.
(b) (1) Any
community water system serving a population of 10,000 or more shall
directly deliver a full copy of the consumer
confidence report, which is required by the U.S.
environmental protection agency under the
federal Safe Drinking Water Act, 42 U.S.C. § 300f et
seq., to each hoousehold household
within the water system's service area that receives water
from that system. The method of delivery shall
be determined by the water system but can
include delivery via either:
(i) Postal patron
mailing;
(ii) A community
newsletter that is directly delivered to each household;
(iii) A community
calendar that is directly delivered to each household; or
(iv) Any other
method that will directly reach each household within the water system's
service area that receives water from that
system.
(2) In the
event that within the service area there are buildings with five (5) or more
residential units, the system will not be
required to deliver directly to each of these units. Instead,
the water system shall mail multiple copies of
the report to the building manager or other
appropriate individual, noting that the reports
should be distributed to residents and/or posted in a
common area. Additionally, colleges and universities
will be exempted from this requirement but
are still responsible for meeting all federal
requirements.
(2)(3) The
department of health shall serve as the repository for all consumer confidence
reports and shall direct inquiries for copies of
the report to the appropriate water system in order
to obtain a copy of the report.
46-13-21.
Advisory council. -- (a) There is hereby created an advisory council,
to be
known as the public drinking water supply advisory
council, and whose purpose it shall be to
advise the director and public drinking water
suppliers concerning fees and the implementation of
the provisions of this chapter.
(b) The council
shall be composed of seven (7) members.
(1) Two (2)
members shall be members of the house of representatives appointed by the
speaker, not more than one from the same
political party; ,
(2) One
member of the senate appointed by the president of the senate; ,
(3) One
member to be the director, or his or her designee; ,
(4) One
officer of a community public drinking water supplier appointed by the
governor;,
(5) One
officer of a nontransient noncommunity public water supplier appointed by the
governor; , and
(6) One
member of the general public, to be appointed by the governor.
(c) The
legislative members of the council shall serve for a term of two (2) years.
Each
member may be reappointed for two (2) additional
terms.
(d) The member of
the general public, appointed by the governor, shall be appointed for
a term of three (3) years and may be reappointed
for one additional term.
(e) The members,
appointed by the governor, who are officers of a public drinking water
supplier, shall be appointed for a one year
term, and may be reappointed for three (3) additional
terms.
(f) The director,
or his or her designee, shall serve upon the council without removal.
(g) On the third
Monday in July after the enactment of this chapter, the members of the
council shall meet at the call of the speaker of
the house and organize. The speaker shall appoint a
chairperson from among the legislative members.
The vice chairperson shall be elected by the
membership of the council.
SECTION 47.
Section 46-14-2.2 of the General Laws in Chapter 46-14 entitled
“Contamination of Drinking Water” is hereby
amended to read as follows:
46-14-2.2.
Contamination of local water supply — Notice to city or town. -- (a)
If
the state department of health discovers that a
water supply to a municipality has become
contaminated, which contamination may pose a
potential danger to the public, the director of
health shall, within forty-eight (48) hours of
the discovery of the contamination, notify the city or
town council of every city and town whose water
supply is affected by the contamination.
(b) [Deleted by
P.L. 1996, ch 296, § 1.]
SECTION 48.
Sections 46-15-6 and 46-15-21 of the General Laws in Chapter 46-15
entitled “Water Resources Board” are hereby
amended to read as follows:
46-15-6.
Supply of water to other water supply systems. -- (a) On any
application for
a new or additional water supply or source of
water supply, the water resources board, after
obtaining the recommendations of the director of
the department of health and the division of
planning, may require or authorize any applicant
to make provisions for the supply and to supply
water to any area of the state which, as
determined by the water resources board in its decision on
that application, properly should be supplied
with water from the source or sources of water
supply sought by the applicant.
(b) Any
municipal water department or agency, special water district, or private water
company within the area may apply to the water
resources board for the right to take water from
that source of water supply or from any part of
the water supply system of the applicant supplied
in whole or in part from that source. If the
water resources board requires, or if it approves the
application, it shall be the duty of the
applicant to supply water, subject to such requirements as
the water resources board may impose.
(c) The
amount of water to be taken and the price to be paid therefor may be agreed
upon
between the applicant and the taker of the
water, or if they cannot agree, fair and reasonable
amounts and rates shall be fixed by the
administrator of public utilities and carriers; provided,
further, that nothing contained in this section
shall be construed as diminishing the powers of the
administrator of public utilities and carriers
in respect to rates of water suppliers subject to his or
her jurisdiction.
46-15-21.
Reporting requirements. -- (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:
(i) 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.
(ii) The
report shall be posted electronically as prescribed in § 42-20-8.2. The
director of
the department of administration shall be
responsible for the enforcement of the provisions of this
subsection.
(b) Forthwith upon
passage of this act, and within ninety (90) days of the end of the
fiscal year 2006, 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 § 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 § 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 § 46-15-14; and actions
undertaken for the cooperative development,
conservation, and use of state water resources,
as prescribed in § 46-15-13. The report shall be
posted electronically as prescribed in §
42-20-8.2. The director of the department of
administration shall be responsible for the
enforcement of the provisions of this subsection.
SECTION 49. Sections 46-15.1-2, 46-15.1-5,
46-15.1-5.2, 46-15.1-7, 46-15.1-11, and
46-15.1-17 of the General Laws in Chapter
46-15.1 entitled “Water Supply Facilities” are hereby
amended to read as follows:
46-15.1-2.
Board created - Appointment of members. -- (a) There is hereby
authorized, created and established a water resources
board consisting of fifteen (15) members as
follows:
(1) Eleven
(11) members shall represent the public and shall be appointed by the
governor with advice and consent of the senate
as herein provided,
(i) One 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;
(ii) 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;
(iii) One
of whom shall be a professional with expertise in one or more of the following
fields: geology, hydrology, or engineering;
(iv) One of
whom shall be a representative of a large public water system;
(v) 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
(vi) 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
(vii) 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.
(2) No
person shall be eligible for appointment to the board unless he or she is a
resident
of this state. The remaining 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 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.
(3) Members
shall serve until their successors are appointed and qualified and shall be
eligible to succeed themselves. In the month of
February in each year, 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 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.
(b) (1)
Those members of the board as of the effective date of this act [June 16, 2006]
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 [June 16, 2006], and the governor
shall thereupon appoint five (5) new public members
pursuant to this section,:
(i) One of
whom shall be a professional with expertise in financial planning and/or
investment;
(ii) One of
whom shall be a professional with expertise in one or more of the following
fields: geology, hydrology or engineering; and
(iii) One
of whom shall be a representative of a conservation organization appointed by
the governor as prescribed in this section.
(2) 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
[June 16, 2006] 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 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.
(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 § 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.
(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.
46-15.1-5.
Powers. --
(a) The board shall carry out its functions and shall have the
following powers:
(1) To adopt a
seal and to alter the seal from time to time;
(2) To sue and be
sued;
(3) To purchase,
hold, and dispose of real and personal property, or interests therein, and
to lease the property as lessee or lessor;
(4) To make or
cause to be made such surveys and borings as it may deem necessary;
(5) To engage
engineering, legal, accounting, and other professional services;
(6) To make
contracts;
(7) To employ personnel
and fix their rates of compensation;
(8) To borrow
money and issue its bonds and notes as hereinafter provided;
(9) To apply and
contract for and to expend assistance from the United States or other
sources, whether in the form of a grant or loan
or otherwise;
(10) To adopt and
amend bylaws for the regulation of its affairs and the conduct of its
business;
(11) To invest or
deposit funds in demand deposits, savings deposits, and time deposits in
any bank or trust company which is a member of
the federal deposit insurance corporation or in
any obligations issued or guaranteed by the
United States or any agency or instrumentality
thereof, or as provided in § 35-10-11;
(12) To establish,
operate, and maintain or lease to others, or contract with others for the
use of, such water supply facilities as may be
reasonably required for the fulfillment of its
purposes;
(13) To purchase
and sell water;
(14) To exercise
such other powers as may be necessary or incidental to the exercise of
the foregoing powers or to the accomplishment of
the purposes of the board;
(15) To acquire,
within the limitation of funds therefor, the sites, appurtenant marginal
lands, dams, waters, water rights, rights of
way, easements, and other property in interests in
property for reservoirs, groundwater wells, well
sites, and for such pipe lines, aqueducts, pumping
stations, filtration plants, and auxiliary
structures as may be necessary or desirable for the
treatment and distribution of water from those
reservoirs, groundwater wells, and well sites.
Lands acquired under the provisions of this
section shall be acquired with the approval of the
governor by purchase, gift, devise, or otherwise
on such terms and conditions as the board shall
determine, or by the exercise of eminent domain,
in accordance with the provisions of chapter 6
of title 37, as amended, insofar as those
provisions are consistent with the provisions hereof;
(16) To construct
or purchase water reservoirs, wells and well sites, processing facilities,
transmission or distribution systems, and other
facilities, including existing facilities of municipal
water agencies or departments, special water
districts, or private water companies, necessary to
accomplish the purposes of this chapter and to
implement its plans and program;
(17) To acquire
the assets, assume the liabilities, or to effect the merger into itself of any
corporation or other organization, including
public or private water supply systems incorporated
or organized under the laws of this state, which
corporation or organization has as its principal
business the establishment of water supply
facilities or provision of related services, all upon such
terms and for such consideration as the board
shall deem to be appropriate;
(18) To lease,
sell, or otherwise convey any reservoir sites or other water supply or
distribution facilities acquired, constructed,
or purchased by the board to any municipal water
agency or department or special water district
or private water company, upon such terms as the
board shall deem appropriate;
(19) To provide
for cooperative development, conservation, and use of water resources
by the state, municipal agencies or departments,
special water districts or privately owned water
systems, the board may:
(i) Authorize
publicly or privately owned water supply agencies to build structures or
install equipment on land owned or leased by the
board.
(ii) Enter into
contracts with publicly or privately owned water supply agencies for
operation of any facilities owned or leased by
the board or operate any such facility by itself.
(20) To enter into
contracts to supply raw or processed water to publicly or privately
owned water supply agencies, which shall be
approved as to substance by the director of
administration and as to form by the attorney
general;
(21) To review all
plans and proposals for construction or installation of facilities for
water supply in accordance with the applicable
sections of chapter 15 of this title; and
(22) To make loans
to publicly owned water supply agencies for acquisition,
construction, and renovation of water supply
facilities from funds which may be appropriated for
this purpose by the general assembly, from bonds
issued for this purpose, or from other funds
which may become available to the board for this
purpose;
(23) To borrow
money temporarily from the water development fund, for the purposes of
this chapter, and to implement its plans and
programs relating to reservoir development, exclusive
of the acquisition of sites for the development
of surface reservoirs, in anticipation of revenue or
federal aid;
(24) To enter into
contracts and/or agreements with such departments, divisions,
agencies, or boards of the state as are directed
by the governor to regulate, manage, or perform
related functions on any lands or waters
acquired under the provisions of the Big River - Wood
River Reservoir Site Acquisition Act (P.L. of
1964, chapter 133);
(25) To compensate
the departments, divisions, agencies, or boards from the water
development fund in an amount equal to the cost
of providing the functions or services as are
directed to be performed by the governor. The
compensation shall be mandatory and shall be
provided according to procedures established by
the department of administration.
(b) The
board as a body politic and corporate and public instrumentality created
pursuant
to this chapter is subject to § 46-15.1-5(1)
through (25). The board as the state agency pursuant to
chapter 15 of this title is subject to §
46-15.1-5(15) through (25).
46-15.1-5.2.
Duties of the board. -- (a) The board shall have the following
additional
duties:
(a)(1) 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:
(i) 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.
(ii) The
report shall be posted electronically on the general assembly and the secretary
of
state's website as prescribed in § 42-20-8.2.
The director of the department of administration shall
be responsible for the enforcement of the
provisions of this section.
(b)(2)
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.
(b) The
director of the department of administration shall, within ninety (90) days of
the
effective date of this act [June 16, 2006],
prepare and disseminate training materials relating to
the provisions of chapters 42-46, 36-14 and 38-2
46-15.1-7.
Purchases from and leases, pledges and sales to others. -- (a) Any
city,
town, district, or other municipal, quasi
municipal, or public or private corporation or company
engaged in the water supply business in Rhode
Island is authorized, from time to time, to sell or
otherwise convey to the board any water supply
facilities held by that entity, and to lease from the
board with or without an option to purchase, or
contract with the board for the use of any water
supply facilities, or any interest therein, held
by the board under this chapter, or to contract to
purchase water to be supplied by the board under
this chapter. Any city, town, district, or other
municipal, quasi municipal, or public or private
corporation or company engaged in the water
supply business in Rhode Island and constituting
a "public utility" within the meaning of § 39-1-
2(20) is further authorized to pledge to the
board water fees and charges. The provisions of any
other laws or ordinances, general, special, or
local, or of any rule or regulation of the state or any
municipality, or of any municipal charter
provision, restricting or regulating in any manner the
power of the state or any municipality to lease
(as lessee or lessor) or sell or convey property,
real, personal, or mixed, or to pledge water
fees and charges shall not apply to leases and sales
made with the board pursuant to this chapter.
(b) Any city,
town, district, or other municipal, quasi municipal, or public or private
corporation or company which so leases water
facilities from the board, or so contracts with the
board for the use thereof, is authorized, from
time to time, to contract with any other public or
private water system for the purchase or sale of
water to be conveyed or processed through or in
such facilities, and the latter is similarly
authorized to enter into a contract with the former.
(c) Any lease,
pledge agreement or contract under this section shall be for a term not
exceeding fifty (50) years. A lease, pledge
agreement, or contract may be made by a city, town, or
district hereunder, either prior or subsequent
to the making of any appropriations which may be
needed to carry out the obligations of the city,
town, or district under the lease, pledge agreement,
or contract. Any such lease, pledge agreement,
or contract shall provide for cooperative
undertakings between the city, town or district
and the board regarding the construction or
installation of facilities for water supply
being financed.
(1)
Notwithstanding any contrary provisions of any other laws or ordinances,
general,
special or local, or of any rule or regulation
of the state or any municipality, or any municipal
charter provision, restricting in any manner the
power of a municipality to incur debt, the
obligations of any city, town, or district,
under any lease, pledge agreement or contract shall not
be considered indebtedness within the meaning of
any limitation of indebtedness or of any
provision relating to the manner of authorizing
or incurring indebtedness.
(2) Pledges
or grants of security interests by a city, town or district hereunder shall be
valid and binding from the time when the pledge
or grant in security interest is made; the water
fees and charges or other monies so pledged and
then held or thereafter received by such city,
town or district shall be immediately subject to
the lien of the pledge without any physical
delivery thereof, or further act; and the lien
of any such pledge or grant of a security interest shall
be valid and binding as against all parties
having claims of any kind in tort, contract, or otherwise
against such city, town or district,
irrespective of whether the parties have notice thereof.
(3) The
agreement by which a pledge or grant of a security interest is created need not
be
filed or recorded except in the records of the
board, and no filing need be made under the
Uniform Commercial Code.
46-15.1-11.
Pledge of revenues and other funds. -- (a)(1) In the discretion
of the board,
any bonds or notes issued by it may be secured
by a trust agreement between the board and a
corporate trustee, which may be any trust
company or bank whose principal office is within or
without the state. The trust agreement or the
resolution providing for the issue of the bonds or
notes may pledge or assign, in whole or in part,
the revenues and other moneys held or to be
received by the board under this chapter or
chapter 15.3 of this title, and may convey, mortgage,
or grant or assign a security interest in any
water supply facilities pledge agreement or lease
thereof in connection with which those bonds
shall have been authorized.
(2) The
trust agreement or resolution may contain such provisions for protecting and
enforcing the rights and remedies of the
bondholders or noteholders as may be reasonable and
proper and not in violation of law, including
provisions defining defaults and providing for
remedies in the event thereof (which may include
the acceleration of maturities), and covenants
setting forth the duties of, and limitations on,
the board in acting under this chapter in relation to
the purchase or leasing of property,
construction, improvement, enlargement, alteration,
equipping, furnishing, maintenance, operation,
repair, insurance, and disposition of property, the
custody, safeguarding, investment, and application
of monies, the issue of additional bonds or
notes, the fixing, revision, and collection of
rates and rents, the use of any surplus bond or note
proceeds, the establishment of reserves, and the
making and amending of leases, pledge
agreements and contracts.
(3) The
board is authorized to fix, revise, and collect rates and rents for water
furnished
by it or facilities leased by it to others. The
rates and rents shall not be subject to supervision or
regulation by any other commission, board,
bureau, or agency of the state or of any municipality
or other political subdivision of the state, but
the rates and rents shall be subject to the terms of
any applicable contracts and leases.
(b)(1) It
shall be lawful for any bank or trust company to act as a depository or trustee
of
the proceeds of bonds or notes or of revenues or
other moneys under any such trust agreement or
resolution, and to furnish such indemnifying
bonds or to pledge such securities as may be
required by the board. The trust agreement or
resolution may set forth the rights and remedies of
the bondholders or noteholders and of the
trustee, and may restrict the individual right of action
by bondholders or noteholders. In addition to
the foregoing, the trust agreement or resolution may
contain such other provisions as the board may
deem reasonable and proper for the security of the
bondholders or noteholders.
(2) All
expenses incurred in carrying out the provisions of the trust agreement or
resolution may be treated as part of the board's
cost of operation and maintenance under this
chapter.
(3) The
pledge or mortgage or grant of a security interest by the trust agreement or
resolution shall be valid and binding from the
time when the pledge or mortgage or grant of a
security interest is made; the revenues or other
moneys so pledged and then held or thereafter
received by the board shall immediately be
subject to the lien of the pledge without any physical
delivery thereof or further act; and the lien of
any such pledge or mortgage or grant of a security
interest shall be valid and binding as against
all parties having claims of any kind in tort, contract,
or otherwise against the board, irrespective of
whether the parties have notice thereof.
(4) Neither
the resolution nor any trust agreement by which a pledge or mortgage or grant
of a security interest is created need be filed
or recorded except in the records of the board, and no
filing need be made under the Uniform Commercial
Code.
46-15.1-17.
Refunding bonds. -- (a) The board may issue refunding bonds for
the
purpose of paying any of its bonds issued
hereunder at maturity or upon acceleration or
redemption. The refunding bonds may be issued in
sufficient amounts to pay or provide the
principal of the bonds being refunded, together
with any redemption premium thereon, any
interest accrued or to accrue to the date of
payment of the bonds, the expenses of issue of the
refunding bonds, the expenses of redeeming the
bonds being refunded, and such reserves for debt
service or other capital or current expenses
from the proceeds of the refunding bonds as may be
required by a trust agreement or resolution
securing bonds or notes. The refunding bonds may be
issued at such time or times simultaneous with
or prior to the maturity, acceleration, or
redemption date of the bonds being refunded as
the board may determine to be in the public
interest.
(b) The
proceeds of bonds or notes issued for the purpose of refunding outstanding
bonds
or notes may be applied, in the discretion of
the board, to the purchase, retirement at maturity, or
redemption of those outstanding bonds or notes
either on their earliest or a subsequent redemption
date, and may, pending that application, be
placed in escrow. Any escrowed proceeds may be
invested and reinvested in obligations of or
guaranteed by the United States, or in certificates of
deposit, time deposits, or repurchase agreements
fully secured or guaranteed by the state or the
United States, or an instrumentality of either,
maturing at such time or times as shall be
appropriate to assure the prompt payment, as to
principal, interest and redemption premium, if
any, of the outstanding bonds and notes to be so
refunded. The interest, income, and profits, if
any, earned or realized on any investment may
also be applied to the payment of the outstanding
bonds or notes to be so refunded. After the
terms of the escrow have been fully satisfied and
carried out, any balance of the proceeds and
interest, income, and profits, if any, earned or
realized on the investments thereof may be
returned to the board for use by it in furtherance of its
purposes.
(c) The
issue of refunding bonds, the maturities and other details thereof, the
security
therefor, the rights of the holders thereof, and
the rights, duties, and obligations of the board in
respect of the same shall be governed by the
provisions of this chapter relating to the issue of
bonds, other than refunding bonds, insofar as
the provisions may be applicable, but no bonds shall
be refunded to a date more than forty (40) years
from the date of their original issue.
SECTION 50. Section 46-15.2-4 of the General
Laws in Chapter 46-15.2 entitled “Water
Facilities Assistance Program” is hereby amended
to read as follows:
46-15.2-4.
Water facilities assistance program established - Eligibility. -- (a)
There is
hereby established in the water resources board
a Rhode Island water facilities assistance
program. The board shall administer this program
so as to ensure the proper and systematic
development of coordinated water supply and
transmission facilities and shall expend the funds
available under this chapter in a manner that
accomplishes this objective.
(b) This program
shall provide twenty-five percent (25%) of the cost of approved water
transmission facilities designed and constructed
to serve a single water system, and shall provide
fifty percent (50%) of the cost of approved
intersystem facilities. Only the construction of water
transmission and intersystem facilities and the
acquisition of land or rights-of-way, together with
necessary engineering and design, are eligible
for assistance under this program. Costs of
borrowing, amortization costs, legal, and all
other costs attendant to the funding of water
transmission and intersystem facilities are not
eligible for financial assistance under this program
and must be fully borne by the project
applicant. The cost of distribution facilities as defined in
this chapter are not eligible for financial
assistance under this program. Determinations of project
eligibility shall be made by the water resources
board.
(c) Only
municipalities and quasi municipal water agencies are eligible to apply for
assistance under this program. Determinations of
applicant eligibility shall be made by the water
resources board.
(d) Only projects
reviewed and approved by the water resources board, the division of
public utilities and carriers, and the state
planning council may be funded. Each project supported
by this program must be consistent with a plan
adopted and kept current by the water resources
board in accordance with § 46-15-6 and with
applicable elements of the state guide plan, as
adopted and kept current by the state planning
council in accordance with § 42-11-10(c);
provided, however, that with respect to any
project which has been approved by the board and
which thereafter becomes eligible to participate
as an intersystem facilities project, the
submission to, and approval by, the public
utilities commission and statewide planning council
shall not be required.
(e) Each
transmission facility supported by this program must link a water source with a
water distribution system, both of which are
complete and operational or will be so at the time
that the transmission facility is completed or
is projected for future construction. The capacity of
both the water source and the distribution system
must be adequate to meet present and future
needs, considering all other demands that may be
placed on the same sources and distribution
systems. All determinations required under this
subsection shall be made in a timely fashion by
the water resources board.
(f) The quality of
water to be conveyed through the proposed transmission system must
meet the Rhode Island department of health
requirements for the most restrictive current or
planned use. All reasonable measures to assure
that this level of water quality will be maintained
must have been taken.
(g) The design and
construction of an approved transmission facility must ensure that it
will remain operational for its design life with
routine maintenance, and that it will resist all
external and internal forces that can be
reasonably anticipated as determined by the water
resources board.
(h) The water
resources board will ensure that maintenance of the transmission facility is
performed in a manner that ensures that it will
remain operational throughout its design life and is
assured by a dedicated revenue such as a user
fee or some other equally reliable means.
(i)
[Deleted
by P.L. 1999, ch. 461, § 3.]
SECTION 51.
Sections 46-15.3-1.1, 46-15.3-2, 46-15.3-7.5, 46-15.3-7.6, 46-15.3-9, 46-
15.3-23. and 46-15.3-24 of the General Laws in
Chapter 46-15.3 entitled “Public Drinking Water
Supply System Protection” are hereby amended to
read as follows:
46-15.3-1.1.
Legislative findings. -- (a) The general assembly hereby recognizes
and
declares that:
(1) Water is vital
to life and comprises an invaluable natural resource which is not to be
abused by any segment of the state's population
or its economy. It is the policy of this state to
restore, enhance, and maintain the chemical,
physical, and biological integrity of its waters to
protect public health;
(2) That
Rhode Island has abundant supplies of surface and groundwater and an average
level of precipitation adequate to replenish
these supplies under normal conditions, and that these
supplies are sufficient in quantity and quality
to meet the present needs of the people and
economy of this state, but that sources of
drinking water are not always located where they are
needed, are subject to contamination making them
unfit for drinking purposes, may be used for
purposes not requiring water suitable for
drinking, and may not be adequate to meet all future
needs;
(2)(3)
The waters of this state are a critical renewable resource which must be
protected
to insure the availability of safe and potable
drinking water for present and future needs;
(4) That
systematic management of the state's drinking water supplies is essential to
the
proper conservation, development, utilization, and
protection of this finite natural resource, if the
present and future needs of the state are to be
met on a continuing and sustainable basis;
(3)(5)
It is a paramount policy of the state to protect the purity of present and
future
drinking water supplies by protecting aquifers,
recharge areas, and watersheds;
(4)(6)
It is the policy of the state to restore and maintain the quality of its waters
to a
quality consistent with its use for drinking
supplies and other designated beneficial uses without
treatment as feasible;
(5)(7)
Development of land areas near to supplies of drinking water and related
construction can threaten the quality of those
supplies and, therefore, can endanger public health;
thus it is necessary to take immediate and
continuing steps to protect the watersheds of surface
waters and the reservoirs and recharge areas of
ground waters from land uses and activities which
may degrade the quality of public drinking
water;
(6)(8)
Protection of water quality is necessary from the collection source through the
point of delivery to the ultimate consumer;
(7)(b)
That the objectives of this chapter are:
(a)(1)
To insure that water supply system management plans are prepared, maintained,
and carried out by each municipality and by each
municipal department, agency, district,
authority, or other entity engaged in or
authorized to engage in the supply, treatment,
transmission, or distribution of drinking water,
and
(b)(2) That
the said plans and their execution achieve the effective and efficient
conservation, development, utilization, and
protection of this finite natural resource in ways that
meet the present and future needs of the state
and its people.
46-15.3-2.
Designation of water resources board - Selection of treasurer. -- (a)
Except as specified in § 46-15.3-9, the water
resources board is designated to carry out the
provisions of this chapter in its capacity as
designated in § 46-15.1-2. In exercising its powers
under this chapter the board shall constitute 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, but this shall
not affect the status of the board when
exercising other powers. 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 § 46-15-2 shall not thereby be
disqualified from acting as a member of the board on a
transaction under this chapter with the public
water system.
(b) The
treasurer, chosen pursuant to § 46-15.1-2 shall act as such under this chapter.
If a
treasurer has not been chosen by the board
pursuant to § 46-15.1-2, the board shall at any time,
and annually in the month of March thereafter,
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 taken 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.
46-15.3-7.5.
Completion and filing of water supply system management plans. -- (a)
Each party required by this chapter to prepare
and maintain a water supply system management
plan shall complete and adopt an initial plan
adhering to the schedule as previously approved by
the water resources board.
(a)(b)
Municipalities and water suppliers subject to the requirements of § 46-15.3-5.1
of
this chapter shall file a copy of all plans and
amendments thereto with the water resources board.
The plans shall be treated as confidential
documents.
(c) The
water resources board shall establish procedures that permit parties that
review
the plans under rules adopted by the water
resources board to obtain sensitive information
essential to performance of their reviews, including
minimum measures necessary to transmit,
use, store, and maintain such sensitive
information under conditions that insure its security to the
maximum possible. These procedures may include
designation of those persons within each
reviewing agency authorized to use or inspect
sensitive information, and exclusion of all others.
An executive summary containing an:
(1) Introduction;
(2) Background;
(3) A general
system description containing:
(i) Water supply
sources;
(ii) Water
treatment facilities;
(iii) Storage
facilities;
(iv) Pumping
stations;
(v) Raw water and
finished water transmission facilities;
(vi) Distribution
facilities including low to high service;
(vii) Planned
extensions;
(viii)
Interconnections;
(ix) Populations
served and projections;
(x) Major users;
(xi) Metering;
(xii) Legal
agreements;
(xiii) Nonaccount
water;
(xiv) Demand
management;
(xv) Supply
management;
(xvi) Available
water;
(xvii) Safe yield;
(xviii)
Anticipated future demands;
(xix) Capital
improvement;
(xx) Rate
structure;
(xxi) Financial
management;
(xxii) Emergency
management;
(xxiii) Water
supply source protection; and
(xxiv) General
policies shall be developed.
(4) This
summary shall be distributed as the public document. The water resources board
shall be authorized to recover and secure water
supply management plans and water supply
system management plans previously distributed
to other than water resources board and
designated review agencies and replaced by
executive summaries as provided herein.
(b)(d)
Municipalities and water suppliers subject to § 46-15.3-5.1 shall review their
plans
at least once every five (5) years, and shall
amend or replace their plan so as to remain current.
(e)
Additionally, on a thirty (30) month basis, each supplier shall report to the
water
resources board on the status of their plan
implementation and shall provide the following
information; metered source production;
wholesale water sales and purchases; gross retail water
sales; retail water sales by customer category
beginning no later than first scheduled five (5) year
plan update; calculation of non-account water;
and number of customers served.
(c)(f)
A municipality or water supplier subject to § 46-15.3-5.1 of this chapter may
request, in writing, that the water resources
board extend the time in which to complete and
submit filings required by this chapter, not to
exceed one year. A request shall be approved only
upon demonstration that an extension is
justified by extraordinary circumstances beyond the
control of the municipality or water supplier.
An extension, if approved, shall not waive any of
the requirements of § 46-15.3-7.6. This
provision does not apply to the section on emergency
management. Should a municipality or water
supplier fail to submit a filing as provided herein, a
determination of non-compliance shall be made by
the water resources board.
46-15.3-7.6. Expeditious review of water supply
system management plans. -- (a)
The water resources board shall coordinate the
expeditious review of water supply system
management plans, replacements and amendments
thereto prepared by water suppliers and all
other subject to § 46-15.3-5.1 of this chapter.
(a)(b)
Upon filing of water supply system management plans, replacements and
amendments thereto prepared by water suppliers
under this chapter the department of
environmental management, the department of
health, the division of planning of the department
of administration, and the division of public
utilities and carriers, shall have ninety (90) days to
review said filings and submit comments thereon
to the water resources board.
(b)(c)
Upon consideration of written comments by all agencies designated herein the
water resources board shall determine whether
the plan complies with the requirements of this
chapter. Should any reviewing agency find that
substantive deficiencies prevent the water supply
system management plan from meeting the
requirements of this chapter, a determination of
noncompliance shall be made by the water
resources board. This determination, unless otherwise
extended pursuant to this chapter, shall be made
within one hundred eighty (180) days of the
initial submission. A thirty (30) day public
comment period shall be included in this one hundred
eighty (180) day review period. Failure by the
water resources board to notify the water supplier
or municipality of its determination within said
time limit shall constitute approval.
(d) Should
the water resources board find that the water supply system management plan
is in noncompliance, or deficient due to
incorrect, inconsistent or missing data or information but
is in substantial compliance with the objectives
of this chapter, the water resources board shall
issue a first notice of deficiencies. The water
supplier or municipality shall have one hundred and
twenty (120) days within which to correct the
deficiencies and resubmit its filing addressing the
comments of the water resources board.
Thereafter the water resources board shall have ninety
(90) days from the date of the resubmission to
determine whether or not the new submission is in
compliance with this chapter. Failure by the
water resources board to notify the water supplier of
its determination, in writing within ninety (90)
days of the date of resubmission shall constitute
acknowledgement of compliance.
(c)(e)
Upon the submission of plans or plan amendments prior to the scheduled
submittal
date, as established by the water resources
board, the scheduled submittal date may be used for
purposes of initiating the one hundred eighty
(180) day review period. The time period for review
of water supply system management plans,
replacements, or amendments thereto submitted after
the scheduled submittal date, shall be as
determined by the water resources board.
46-15.3-9. Collection of charges. -- (a) A record
shall be maintained by every supplier
showing the amounts of water sold, and the
amounts of water quality protection charges billed.
The records shall be subject to public review.
The water quality protection charges shall be
deemed to be trust funds for the purposes of
this chapter and shall be held in a separate account.
(1) For all
suppliers, other than the city of Providence acting through the Providence
water supply board, or suppliers purchasing
water from the city of Providence acting through the
Providence water supply board, thirty six and
one tenth percent (36.1%) of the amount billed each
month shall be remitted to the treasurer of the water
resources board on or before the twentieth
(20th) day of the second month following the
month of billing.
(2) For
suppliers purchasing water from the city of Providence acting through the
Providence water supply board, for that portion
of such supplier's retail billings representing
water furnished to the purchasers from the
Providence water supply board, thirty six and one
tenth percent (36.1%) of the amount billed each
month shall be remitted to the Providence water
supply board, on or before the twentieth (20th)
day of the second month following the month of
billing, and for that portion of such supplier's
retail billings representing water furnished to the
purchasers from sources other than the
Providence water supply board, thirty six and one tenth
percent (36.1%) of the amount billed each month
shall be remitted to the treasurer of the water
resources board on or before the twentieth
(20th) day of the second month following the month of
billing.
(3) The
amounts remitted by suppliers purchasing water from the city of Providence to
the Providence water supply board and treasurer
of the water resources board pursuant to the
previous sentence shall be based pro rata on
metered water production originating from the
Providence water supply board and from all other
sources in accordance with rules and
regulations to be finally promulgated by the
water resources board on or before September 1,
1992.
(b) For all
suppliers, including the city of Providence acting through the Providence water
supply board, fifty seven percent (57.0%) of the
amount billed each month shall be remitted
through the water resources board to the general
treasurer of the state of Rhode Island on or
before the twentieth (20th) day of the second
month following the month of billing and shall be
deposited as general revenues.
(c) All
suppliers may disburse the six and nine tenths percent (6.9%) of the charges
collected and retained by the supplier as an
administrative charge for any purpose relating to the
operation of the supplier. All suppliers shall
use or pledge the thirty six and one tenth percent
(36.1%) of the charges to pay principal or
interest on bonds, notes, or other obligations issued for
the purposes of this chapter or lease payments
in connection with any bonds, notes, or
obligations. It shall not be necessary for any
supplier of public drinking water whose rates may be
regulated by the public utilities commission,
pursuant to chapter 1 of title 39, to obtain approval
from the commission for billing of the water
quality protection charge. The public utilities
commission shall not, in determining rates for
any supplier hereunder, consider the funds billed
hereunder when determining revenue requirements
for the supplier.
(d) In no
event shall any supplier be responsible to collect or pay more than a single
water quality protection charge with respect to
water sold by such supplier, whether the date of
sale was on, before, or after July 1, 1992.
46-15.3-23. Sanitary
device retrofitting. -- (a) Water supply system management shall
include retrofitting existing water users not in
conformance with the state plumbing code
standards for new or replacement sanitary
devices with water-saving plumbing equipment,
including but not limited to low-flow faucet
aerators and shower heads, toilet displacement
equipment, and materials for toilet tank leak
detection.
(b) A water
utility may act as a central purchaser and supplier of water efficiency devices
which comply with state plumbing codes and may
enter into cooperative agreements with other
water suppliers or other agencies to facilitate
bulk purchases of water efficiency devices required
to implement, approved retrofit plans. A
retrofitting program shall include, without limitation:
(1) Annual
notification to each residential class user of the objectives and
accomplishments of the retrofit program and of
the availability of water-saving plumbing devices
at cost or at no direct cost;
(2) Installation
of water saving plumbing equipment for residential class users by the
water supplier at cost or at no direct cost as
scheduled in the water supply system management
plan;
(3) Technical
assistance and water audits to formulate and implement retrofit programs
for major multiple unit housing areas or
developments and commercial and industrial users.
Water suppliers may enter into cooperative
agreements with the owners or management of such
users for the preparation of specifications,
bulk purchase, and installation of sanitary device
retrofit equipment for the purpose of
implementing retrofit programs.
46-15.3-24.
Financing water supply system management. -- (a) The cost of
water
supply system management planning and water supply
system management as required by this
chapter shall be financed as follows:
(1) The cost of
preparing and maintaining water supply system management plans as
required by § 46-15.3-5.1(A)(1) shall be paid by
the municipality from any funds made available
under chapter 22.2 of title 45 or from any other
funds used to prepare, maintain, and amend local
comprehensive plans. Expenses incurred in
conducting these activities are exempt from
reimbursement as a state mandate under §§
45-13-6 through 45-13-10;
(2) The cost of
preparing and maintaining water supply system management plans and
carrying out water supply system management
programs as required by § 46-15.3-5.1(A)(2), shall
be paid from charges against water users. Such
charges shall be limited to those necessary and
reasonable to undertake the actions required by
this chapter, and shall be included in bills
rendered in accordance with § 46-15.3-21(b);
(3)(b)
A public or private utility, under the jurisdiction of the public utilities
commission,
providing water service may file with the public
utilities commission proposed rates and charges,
including emergency rate relief, so as to
provide for the necessary and reasonable costs of
carrying out the requirements of this chapter.
The public utilities commission shall hear and
decide such requests as provided by title 39,
and shall allow adjustments in rates necessary to
offset necessary and reasonable reductions in
revenues resulting from implementation of a water
supply system management program;
(4)(c)
Water utilities will be operated as financially self-supporting agencies and
shall
maintain revenue levels sufficient to cover all
fixed and variable capital and operating costs of
conservation, use, management, protection,
development and other costs of water supply and may
be allowed a reasonable profit.
SECTION 52.
Sections 46-15.5-3, 46-15.5-5, and 46-15.5-6 of the General Laws in
Chapter 46-15.5 entitled “Bristol County Water
Supply” are hereby amended to read as follows:
46-15.5-3.
Pipeline connection. -- (a) The Bristol County water authority shall
design,
plan, permit, and construct an additional
connection to the City of Providence water supply
system and to construct a new water transmission
line to its existing reservoirs. The additional
connection to Providence will be constructed
north of Fields Point across the Providence River
through subterranean excavation, directional
drilling or micro tunneling for a pipe not to exceed
thirty (30) inches in diameter and without any
excavation of the river bed and to extend its
transmission mains into and through the city of
East Providence to connect with the distribution
system of the Bristol County water authority to
effect a regular and emergency connection at such
places and on such terms and pursuant to such
plans as the water resources board shall approve
pursuant to the provisions of § 46-15-7.
(1) In
addition, the Bristol County water authority shall design, plan, permit, and
construct an emergency connection to the City of
East Providence water supply system at such
point and upon such terms and conditions as the
authority, the city and the water resources board
shall agree upon.
(2) It is
hereby being determined that such connections are just and equitable to all the
municipalities affected thereby and that such
connections are justified by public necessity and are
desirable, and will not adversely affect present
and future necessities for sources of water supply,
including an adequate flow to the Pawtuxet
River.
(3) The
Providence water supply board shall release a minimum of nine million
(9,000,000) gallons of water per day into the
Pawtuxet River from the Scituate Reservoir, thereby
assisting the cities of Cranston and Warwick and
the towns of Coventry and West Warwick to
achieve its wastewater treatment plan permit
limits and enable the Pawtuxet River to meet EPA
Class C water quality standards.
(4) The
water resources board shall give priority consideration to the application,
when
and if filed by the Bristol County water
authority pursuant to the provisions of § 46-15-7, but the
application need only address the plans and
specifications for the connections and the means by
which the connections will be effected. There
shall be no requirement that the Bristol County
water authority demonstrate public necessity, or
whether the plans and specifications give
consideration to present and future necessities
for the sources of water supply. The design
contained in the plans and specifications shall
afford Bristol County water authority a capacity
not to exceed 7.5 million (7,500,000) gallons
per day maximum day demand. The provisions of §
46-15.3-7.6 or chapter 15.3 of this title shall
not apply to any approval of the connection.
(b) The design, of
both the new raw water transmission line and the additional
connections to the City of Providence water
supply system including the emergency connection
to the City of East Providence water supply system
shall be commenced simultaneously, and such
projects shall be simultaneously pursued to
completion with all reasonable diligence.
46-15.5-5.
Financing. --
(a) The Bristol County water authority extension of its
transmission system to connect to the Providence
water supply system through the additional
connection together with the emergency
connection as set forth in § 46-15.5-3 and the cost of
planning, design and permitting the improvements
to the Bristol County water authority's existing
system as set forth in § 46-15.5-6 (the
"existing system" enhancement) as directed by the water
resources board shall be deemed an approved
intersystem facility as that term is defined in § 46-
15.2-3 and fifty percent (50%) of the cost
thereof shall be considered eligible for funding
pursuant to the provisions of chapter 15.2 of
this title. There is hereby included in the 1994
capital budget an amount equal to $14.8 million
($14,800,000) to be used to fund such additional
connections, the emergency connection and the
existing system enhancement. The water
resources board is hereby directed to take such
steps as shall be necessary to transfer any funds
heretofore set aside or designated for purposes
of providing funding to the Bristol County water
authority for the cross-bay pipeline to the East
Providence connection authorized and directed by
this chapter.
(b) The
Bristol County water authority is deemed to have met the provisions of § 46-
15.2-5(d)(2), (3), (4), (5), (6), (8), (e) and
(f) with respect to the connections authorized by this
chapter. The water resources board shall give
priority to the application filed by the Bristol
County water authority in accordance with
chapter 15.2 of this title and this chapter and shall
approve the project based upon its findings of
fact as provided in §§ 46-15.2-5(d)(1) and (7)
without the necessity of meeting any other
conditions precedent set forth in §§ 46-15.2-4(e) and
46-15.2-6(a).
(c) All other
state agencies having jurisdiction over the Bristol County water authority
with respect to any permit required to design
and construct the additional and emergency
connections authorized by this chapter shall
give administrative, hearing and decisional priority to
any application for any such permit.
46-15.5-6.
Existing facilities of the Bristol County water authority. -- (a)
The Bristol
County water authority will continue to maintain
its reservoirs, wells and well sites, transmission
lines and water treatment plants in good, sound
and safe condition in accordance with its past
practices. The Bristol County water authority
shall continue to take all steps necessary to protect
its legal right to withdraw water from its
existing reservoirs, wells and well sites, and shall protect
the watershed surrounding said reservoirs to the
extent it has legal authority to do so and shall
maintain its transmission lines from its
existing reservoirs, wells, well sites and water treatment
facilities; provided, however, that if in order
to protect its legal authority to withdraw water from
the existing reservoirs, the Bristol County
water authority shall be required to maintain all or part
of its facilities in accordance with federal
Safe Drinking Water Act standards, 42 U.S.C. § 300f et
seq., the capital cost thereof shall be paid for
by the state water resources board.
(b) The
Bristol County water authority in co-operation with the water resources board
shall prepare a plan to protect, enhance and
improve its existing reservoirs, wells, well sites,
transmission lines and treatment plants. Upon
approval of such plan, the authority shall cause to
be prepared definitive construction plans and
drawings and shall apply for and prosecute to
completion all federal, state and local permits
necessary to permit such construction to be
lawfully undertaken; provided, however, if at
any time, the Bristol County water authority shall
have satisfied the limitation on its financial
commitment as set forth in § 46-15.5-6.1, then it shall
no longer be required to undertake such
planning, design and permitting unless the water
resources board shall lawfully provide one
hundred percent (100%) of the cost thereof.
(c) Upon
completion of the construction authorized by such plan, the Bristol County
water authority shall utilize the existing
system as so improved in the overall management of its
water supply and distribution system in
compliance with its water supply management plan
approved pursuant to chapter 15.4 of this title.
If, after all permits for such improvements and
enhancements have been received the water
resources board shall determine to purchase such
existing reservoirs, wells, well sites,
transmission lines, and distribution of water treatment
facilities, the Bristol County water authority
is authorized to sell or lease any one or more of such
reservoirs, wells, well sites, transmission
lines, or treatment facilities to the board pursuant to the
provision of § 46-15.1-7 and the board is
authorized to the extent not otherwise permitted by law
to acquire such facilities and improve such
facilities under the provisions of chapter 15.3 of this
title except as specifically provided for in
this section. From and after the date of the activation of
the additional and emergency connection, the
Bristol County water authority shall have no further
obligation to expend funds for improvements to
its reservoirs, pipelines connecting any one or
more of such reservoirs and water treatment
facilities unless and to the extent that such funds
shall be provided by the water resources board
pursuant to existing provisions of the general laws
or such provisions as may be hereinafter
enacted.
(d) The
state water resources board shall provide funding necessary to maintain the
reservoirs, wells and well sites and pipelines
connecting any one or more of such reservoirs, wells
and well sites, and water treatment facilities
of the Bristol County water authority system so as to
meet all federal standards related to safe
drinking water. Notwithstanding any other provision of
law, any amounts so expended by the state water
resources board shall be deemed eligible
expenditures within the meaning of §
46-15.3-4(4).
SECTION 53.
Section 46-15.6-2 of the General Laws in Chapter 46-15.6 entitled “Clean
Water Infrastructure” is hereby amended to read
as follows:
46-15.6-2.
Legislative findings, intent, and objectives. -- (a) The general
assembly
hereby recognizes and declares that:
(1) Water is vital
to life and comprises an invaluable natural resource which is not to be
abused by any segment of the state's population
or its economy. It is the policy of this state to
restore, enhance, and maintain the chemical,
physical, and biological integrity of its waters to
protect health;
(2) The waters of
this state are a critical renewable resource which must be protected to
insure the availability of safe and potable
drinking water for present and future needs.
(3) It is a
paramount policy of the state to protect the purity of present and future
drinking
water supplies by protecting the infrastructure
of potable water, including treatment plants, pipes,
valves, pumping stations, storage facilities,
interconnections, and water mains.
(4) It is
imperative to provide a uniform and valid mechanism to base assistance for the
construction, repair, protection, and/or
improvement of potable water infrastructure replacement.
(5) The decay of
infrastructure and related construction due to deterioration or functional
obsolescence can threaten the quality of
supplies and, therefore, can endanger public health; thus
it is necessary to take immediate and continuing
steps to repair and replace the infrastructure used
to deliver water supplies in order to restore
water system facilities.
(6) Failure to
replace the infrastructure used to deliver water supplies may cause and
probably will continue to degrade the quality of
public drinking water.
(7) Protection of
water quality is necessary from the collection source through the point
of delivery to the ultimate consumer.
(8) The potable
threat to public health caused by unsafe drinking water far outweighs the
economic costs for the construction of the
potable water infrastructure replacement.
(9)(b)
That the objectives of this chapter are:
(i)(1)
To establish a funding mechanism to insure that infrastructure replacement
programs are carried out by each municipality and
by each municipal department, agency,
district, authority, or other entity engaged in
or authorized to engage in the supply, treatment,
transmission, or distribution of drinking water,
and
(ii)(2)
That the plans and their execution achieve and insure that the investment of
the
public in such facilities is not eroded.
SECTION 54.
Section 46-17.1-2 of the General Laws in Chapter 46-17.1 entitled
“Conservation of Marine Resources” is hereby
amended to read as follows:
46-17.1-2. Issuance
of permit to transport dredge or waste materials over state
waters. -- (a) The director of the
department of environmental management may issue a permit
for the transporting and disposal of waste
materials within the territorial waters of this state,
provided, that upon receiving an application for
the permit, the director shall hold a public
hearing and give complete details as to the
nature of the transporting and dumping request. After
the hearing and appropriate investigation, if
the director determines that the movement and
disposal of the materials as set forth in the
application would not be in conflict with the marine
ecology within or adjacent to the state's
territorial waters, and that existing fishing grounds would
not be damaged or destroyed, he or she may then
issue the permit to the applicant; provided,
further, that a state inspector be on board the
tow vessel at all times during transporting and
dumping operations to assure compliance with the
terms contained in the permit. The state
inspector shall be a qualified sailor selected
by the director of environmental management.
Inspector's wages will be determined on the
basis of the current rate for comparable work. Wages
will be paid to inspectors from the general
treasury. However, all wages to be paid to inspectors
will be paid to the state in advance by the
person or firm requesting the permit. The director may
revoke the permit at any time for sufficient
cause.
(b) The
provisions of this chapter shall be enforced by state conservation officers
within
the department of environmental management.
Nothing herein shall be deemed to apply to
dredging, disposal of dredge materials and/or
the transportation thereof regulated under § 46-23-
18 and/or 46-23-18.1.
SECTION 55.
Section 46-19-5 of the General Laws in Chapter 46-19 entitled “Inspector
of Dams and Reservoirs” is hereby amended to
read as follows:
46-19-5.
Judicial enforcement of order to make dam or reservoir safe. -- (a) If
the
owner or person having the control of any dam or
reservoir, who shall be required to draw off the
water, or a portion of the water, in any
reservoir, or to make alterations in any reservoir, or repairs
thereon or additions thereto, in the manner prescribed
in § 46-19-4, shall not forthwith proceed to
comply with the requirement, or shall not
prosecute the work, when commenced, with reasonable
expedition, the director of environmental
management shall make out a complaint in which he or
she shall set forth the condition of the dam or
reservoir, and the steps he or she has taken to cause
the water to be drawn off therefrom and for the
alteration or repair thereof, or to have additions
made thereto to secure the safety of the dam or
reservoir, and the default of the owner or person
having control thereof in drawing off the water,
repairing, altering, or in making an addition to
the dam or reservoir, and that the safety of
life and property is endangered by the default, and
shall subscribe the default, and deliver the
complaint to the attorney general or to an assistant
attorney general, who shall present the
complaint to the supreme court or the superior court, with
a petition in the nature of an information ex
officio, praying that the person owning or controlling
the dam or reservoir may be required and ordered
forthwith to comply with the requirements of
the director of environmental management
theretofore made in the premises, or with such other
orders as may be made by the court, to secure
all persons having reasonable cause to apprehend
injury to life or property from the unsafe
condition of the dam or reservoir.
(b) Upon
the filing of the petition, a citation shall issue to the person controlling or
owning the dam, commanding him or her to appear
at a time and place therein named, to show
cause, if any exists, why the relief prayed for
shall not be granted; and the court shall summarily
proceed to hear the cause, and upon hearing the
parties, or by proceeding ex parte, if the
respondent fail to appear, the court may pass
such order and decree in the premises as will
effectually secure the persons interested from
danger or loss from the breaking of the dam or
reservoir complained of; and the court may
enforce the orders and decrees by injunction, process
for contempt, by sequestration, or by such other
process as may be applicable in those cases.
SECTION 56. Section 46-22-3, 46-22-9.5,
46-22-13, and 46-22-18 of the General Laws
in Chapter 46-22 entitled “Regulation of Boats”
are hereby amended to read as follows:
46-22-3.
Operation of unnumbered motorboats prohibited. -- (a) Every
motorboat on
the waters of this state shall be numbered.
(b) No person
shall operate or give permission for the operation of any motorboat on
those waters unless the motorboat is numbered in
accordance with this chapter, or in accordance
with applicable federal law, or in accordance
with a federally approved numbering system of
another state, and unless:
(1) The
certificate of number awarded to the motorboat is in full force and effect, and
(2) The
identifying number set forth in the certificate of number is displayed on each
side
of the bow of the motorboat.
46-22-9.5.
Speeding. -- (a) No person shall operate any motor-boat or vessel in
any
harbor or inlet or any pond or other confined
body of water in this state in excess of forty-five
(45) miles per hour during the hours from
sunrise to sunset and twenty-five (25) miles per hour
during periods of darkness or other periods of
restricted visibility; provided, however, nothing
herein shall prohibit the posting of lesser
speed limits where deemed necessary by the appropriate
state or local authority.
(b) Violations of
this section shall be as follows:
(1) The first
violation, if no greater than ten (10) miles per hour over the
speed limit, shall
be a civil offense which shall require payment
of a twenty-five dollar ($25.00) assessment fee and
the violator may be required to attend a boating
safety course.
(2) Any violation
in excess of ten (10) miles per hour over the speed limit shall be
deemed a misdemeanor with fines as follows:
(i) 11-15 miles per hour in excess of
speed limit $50.00
(ii) 16-20 miles per hour in excess of speed
limit $75.00
(iii) 21-25 miles per hour in excess of speed
limit $100.00
(iv) Greater than 25 miles per hour Fine of five
dollars in excess of speed limit:
($5.00) per mile in excess of speed limit.
(v) The violator
shall also be required to attend a boating safety course.
(3) State,
federal, and local law enforcement and rescue agencies may exceed this speed
limit when responding to an emergency or law
enforcement action: provided that this speed does
not endanger any person not involved in this
action.
(c) The operation
of personal watercrafts, as defined, use, speed, age of operator, and
area of operation shall be regulated by the department
of environmental management. Rules and
regulations shall be promulgated by the
department within three (3) months of June 16, 1991.
46-22-13.
Regattas, races, marine parades, tournaments, or exhibitions. -- (a) No
regatta, motorboat or other boat race, marine
parade, tournament, or exhibition (but not
including a navigational or piloting contest),
in which vessels participating are to be
propelled by machinery, may be held on any
waters of this state unless authorized by the
department of environmental management, as set
forth in this section. The department
shall adopt and may, from time to time, amend
regulations concerning the safety of
motorboats and other vessels and persons
thereon, either observers or participants.
(1) Whenever
a regatta, motorboat or other boat race, marine parade, tournament,
or exhibition is proposed to be held, the person
in charge thereof, shall, at least fifteen
(15) days prior thereto, file an application
with the department of environmental
management for permission to hold the regatta,
motorboat or other boat race, marine
parade, tournament, or exhibition. The
application shall set forth the date, time, and
location where it is proposed to hold the
regatta, motorboat or other boat race, marine
parade, tournament, or exhibition, and it shall
not be conducted without authorization of
the department of environmental management in
writing.
(2) No
application for a motorboat race (not including a navigational or a piloting
contest), in which vessels participating are to
be propelled by machinery on any waters of
this state, shall be approved by the department
of environmental management until the
applicant shall furnish proof to the department
that the applicant has in force regatta
liability insurance in the following amounts:
(i) Bodily
injury to one person $10,000
(ii)
Bodily injury to two or more persons $20,000
(iii)
Property damage — one accident $5,000
(iv)
Property damage — aggregate $10,000
(b) A special
permit shall be obtained from the department of environmental
management for authorization to engage in a
trial run (other than a trial run held under the
provisions of § 46-22-8) for a motorboat regatta
or race, with or without cutouts and/or mufflers,
the permit setting forth the time, place, and
other conditions under which the trial run may be
made.
(c) Motorboats
used exclusively for racing, operating on the waters of this state, other
than when competing in a duly authorized regatta
or race, or making trial runs as set forth in this
chapter, shall comply with all the provisions of
this chapter.
(d) The provisions
of this section shall not exempt any person from compliance with
applicable federal law or regulation, but
nothing contained herein shall be construed to require the
securing of a state permit pursuant to this
section if a permit therefor has been obtained from an
authorized agency of the United States.
46-22-18.
Funds. -- All money collected under the provisions of this chapter
shall be
paid into a restricted receipt account of the
Department of Environmental Management to be
made available and shall be allocated,
distributed and used in amounts sufficient to fully fund:
(1) Expenses of
the department of environmental management, incurred in the
administration and enforcement of this chapter;
(2) Expenses of
boating safety, boating safety services and programs, boating education,
marine patrols, enforcement training programs,
and promotion and publicity relating to boating
and boating safety and equipment related to
boating safety;
(3) Grants for the
purpose set forth in subsection (a)(1)(ii) subdivision (2) above;
(4) Maintenance
and improvement of recreational, commercial and navigational facilities
relating to boating safety; including, but not
limited to, the installation, financing, improvement,
and maintenance of aids to navigation, and
support facilities; and
(5) Expenses
incurred in cooperation with the government of the United States in boating
and boating safety matters.
(6) To the extent
otherwise authorized by the general laws, funding services to mariners.
SECTION 57. Section 46-23.1-5 of the General
Laws in Chapter 46-23.1 entitled “The
Coastal and Estuary Habitat Restoration Program
and Trust Fund” is hereby amended to read as
follows:
46-23.1-5.
The Rhode Island coastal and estuarine habitat restoration program —
Established. -- (a) The council shall
develop and implement a coastal and estuarine habitat
restoration program for the state of Rhode
Island. The program shall consist of the following
elements and perform the listed tasks:
(1) Develop a
statewide coastal and estuarine habitat restoration strategy. Within one
year of enactment [June 13, 2002], the program,
with the assistance from the technical advisory
committee, shall adopt a statewide coastal and
estuarine habitat restoration plan that provide for
the conservation and restoration of the state's
coastal and estuarine habitats. The plan shall be
developed with comprehensive public, agency,
legislative and stakeholder participation, and shall
include the following elements:
(i) A description
of the state's coastal and estuarine habitats, including a consideration of
their importance to the economy, ecology and
quality of life in the state and in local communities;
(ii) Quantitative
and qualitative restoration goals pertaining to coastal wetlands, eelgrass
beds, and anadromous fish runs;
(iii) An inventory
of coastal and estuarine restoration projects, along with criteria for
prioritizing and selecting projects for
implementation;
(iv) A projected
comprehensive budget and timeline necessary to accomplish the goals of
the plan;
(v) Identification
of municipal, state, federal, private, or other funding and resources to
assist in the development or implementation of
the plan;
(vi) An outreach
element to educate municipal officials, civic and nonprofit
organizations, educational institutions and the
general public about the availability of restoration
grants; and
(vii) Provisions
for updating the plan and project inventory periodically.
(2) Restoration
grants.
(i) The program
shall establish and execute an annual process for the solicitation,
evaluation and award of restoration grants for
projects that seek to restore coastal and estuarine
habitats. The technical advisory committee or a subcommittee
of it shall serve as an advisory
board to the council and the program staff
throughout this process. Entities qualified to apply for
and receive grants for design, planning,
construction or monitoring under this section include all
of the following: cities and towns; any
committee, board, or commission chartered by a city or
town; nonprofit corporations; civic groups,
educational institutions; and state agencies.
(ii) The program
shall submit to the governor and the general assembly during annual
budget preparations a list of restoration
project proposals that have received a positive review by
the technical advisory committee and require
funds from the trust to proceed with design,
planning, construction or monitoring during the
ensuing year.
(b) Nothing
contained in this section is intended to abrogate or effect the existing powers
of the department of environmental management or
the coastal resources management council.
SECTION 58. Section 46-25-19 of the General Laws
in Chapter 46-25 entitled
“Narragansett Bay Commission” is hereby amended
to read as follows:
46-25-19.
Sewer connections. -- (a) The commission shall have full and
complete power
and authority to limit, deny, or cause
appropriate direct or indirect connections to be made
between any building or property located in the
district generating sanitary or industrial
wastewater, and any public sewer or appurtenance
thereof discharging to the project. The
commission shall prescribe such rules and regulations
for sewer connections as in the opinion of
the commission are necessary and appropriate for
the maintenance and operation of the project.
No person shall make any connection from any
structure to any sewer or appurtenance thereto
discharging to the project without first being
granted a written permit from the commission, in
accordance with the rules and regulations. The
commission shall also have full and complete
power and authority to compel any person in the
district, for the purpose of sewage disposal, to
establish a direct connection on his or her
property, or at the boundary thereof, to any publicly
owned sewer discharging to the district sewer
project, and to cause the connection to be made at
the expense of the person, firm, or corporation.
(b) The
term "appurtenance", as used herein, shall be construed to include
adequate
pumping facilities, whenever the pumping
facilities shall be necessary to deliver sewage into the
project.
SECTION 59. Section 46-25-46 of the General Laws
in Chapter 46-25 entitled
“Narragansett Bay Commission” is hereby
repealed.
46-25-46.
Referendum. Obsolete. -- At the next general state election, to
be held on the
Tuesday next after the first Monday in November
1980, there shall be submitted to the people of
the State of Rhode Island for their approval or
rejection the following proposition: "Shall the Act
passed by the General Assembly at the January
1980 Session entitled 'An Act Creating the
Narragansett Bay Water Quality Management
District Commission and Authorizing the State of
Rhode Island to Issue General Obligation Bonds
and Notes in an Amount not to Exceed Eighty-
seven Million Seven Hundred Thousand Dollars
($87,700,000) for the Purpose of Providing
Financial Aid to the District Commission for the
Acquisition, Planning, Construction, Financing,
Extension and Improvement of Sewerage Treatment
Facilities' be approved?"
SECTION 60. Section 46-25.1-1.1 of the General
Laws in Chapter 46-25.1 entitled
“Merger of Blackstone Valley District Commission
and Narragansett Bay Water Quality
Management District Commission” is hereby
amended to read as follows:
46-25.1-1.
Merger — Effective date — Transfer of assets and assumption of
liabilities. -- (a) Subject to the
approval of the Narragansett Bay water quality management
district commission, the Blackstone Valley
district commission shall be merged with and into the
Narragansett Bay water quality management
district commission. Upon such merger, the
Blackstone Valley district commission shall
cease to exist; provided, however, that all actions
shall be taken which are necessary to preserve
any federal funds or federal assistance currently
available or expected to become available to the
Blackstone Valley district commission and all
actions shall be taken which are necessary to
preserve any available funds of the state currently
available or expected to become available to the
Blackstone Valley district commission for tort
liability for acts occurring on or prior to the
effective date of the merger. In addition, the
resulting, surviving entity shall be eligible to
receive the proceeds of any bonds or notes issued
pursuant to chapter 289 of the public laws of
1986, chapter 1837 of the public laws of 1947, as
amended by chapter 2515 of the public laws of
1950, as amended by chapter 2966 of the public
laws of 1952, as amended by chapter 267 of the
public laws of 1966 and as amended by chapter
92 of public laws of 1971, and/or chapter 434 of
the public laws of 1990. The existence of the
Narragansett Bay water quality management
district commission shall continue unaffected and
unimpaired by said merger, and the Narragansett
Bay water quality management district shall
continue to be governed by chapter 25 of this
title.
(b) The Blackstone
Valley district commission is hereby authorized to and shall pass
such resolutions, enter into such agreements and
do all things deemed useful and necessary by it
to effectuate the merger; and the Narragansett
Bay water quality management district commission
is hereby authorized and may pass such
resolutions, enter into such agreements and do all things
useful and necessary by it to effectuate the
merger.
(c) The merger
shall be effective no later than December 31, 1991, provided, however,
that in its sole discretion the Narragansett Bay
water quality management district commission
may extend the effective date of the merger up
to and including June 30, 1992. Upon completion,
the merger shall be certified to the secretary
of state by the executive director of the Narragansett
Bay water quality management district
commission.
(d) Upon the
merger of the Blackstone Valley district commission and the Narragansett
Bay water quality management district
commission, the Narragansett Bay water quality
management district commission shall assume
responsibility for the planning, construction,
operation and maintenance of combined sewer
overflow facilities and appropriate facilities for
dealing with the sewage and industrial wastes
orginating in the municipalities and industries
located in the Blackstone and Moshassuck Valleys
and discharged into the waters of the state.
(e)(1) On
the date of the merger, all property, real, personal and mixed, and all debts
due
on whatever account, and all other choses in
action, including, but not limited to, any enterprise
fund held by the state for the benefit of the
Blackstone Valley district commission, and all and
every other interest of or belonging to or due
to the Blackstone Valley district commission, shall
be taken and deemed to be transferred to and
vested in the Narragansett Bay water quality
management district commission without further
act or deed; all persons employed by the
Blackstone Valley district commission on the
date of the merger shall be deemed employees of
the Narragansett Bay water quality management
district commission; and the title to any real
estate, or any interest therein, vested in the
Blackstone Valley district commission shall not revert
or be in any way impaired by reason of the
merger.
(2) The
Narragansett Bay water quality management district commission shall also be
responsible and liable for all the liabilities
and obligations of the Blackstone Valley district
commission; and any claim existing or action or
proceeding pending by or against the Blackstone
Valley district commission may be prosecuted as
if the merger had not taken place, or the
Narragansett Bay water quality management
district commission may be substituted in its place.
Neither the rights of creditors nor any liens
upon the property of the Blackstone Valley district
commission shall be impaired by the merger. The
merger as provided for herein shall not impair
the obligation of any contract or agreement or
alter existing bargaining units nor abate any suit,
action or other proceeding lawfully commenced by
or against the Blackstone Valley district
commission, or any of its commissioners in
relation to the discharge of their official duties, but a
court of competent jurisdiction may, on motion
filed within twelve (12) months after the effective
date of the merger, allow such a suit, action or
proceeding to be maintained by or against the
Narragansett Bay water quality management
district commission or any of its commissioners in
relation to the discharge of their official
duties.
(3) Upon
completion of the merger, all user charges, fees or rates assessed by the
Narragansett Bay water quality management
district commission as a result of the merger shall be
subject to the approval of the public utilities
commission.
(f) Upon
completion of the merger, as certified to the secretary of state by the
executive
director of the Narragansett Bay water quality
management district commission, chapter 21 of
this title entitled, "Blackstone Valley
sewer district" shall be repealed in its entirety.
SECTION 61. Section 46-25.2-1 of the General
Laws in Chapter 46-25.2 entitled
“Acquisition, Merger, and Consolidation of Sewer
Treatment Facilities of Cities, Towns, and
Districts and the Narragansett Bay Water Quality
Management District Commission” is hereby
amended to read as follows:
46-25.2-1.
Merger — Effective date — Transfer of assets and assumption of
liabilities. -- (a) Subject to the
agreement of the Narragansett Bay water quality management
district commission and a city, town or
district, the sewage treatment facilities of such city, town,
or district may be merged with and into the
Narragansett Bay water quality management district
commission or acquired by the Narragansett Bay
water quality management district commission;
provided, however, the acquisition of any sewage
treatment facility requires the approval of the
city or town council in the municipality where
the facility is located. Upon the merger or
acquisition, the district or any commission or
other governing authority established by such city
or town or the state to manage and operate the
sewage treatment facilities shall cease to have
control and authority over the facilities
acquired; provided, however, that all actions shall be
taken which are necessary to preserve any
federal funds or federal assistance currently available
to or expected to become available to the city,
town, or district for sewage treatment facilities.
The existence of the Narragansett Bay water
quality management district commission shall
continue unaffected and unimpaired by said
merger or acquisition, and the Narragansett Bay
water quality management district commission
shall continue to be governed by chapter 25 of this
title.
(b) The district,
the city or town and any commission or governing authority established
by the city or town or the state to manage and
operate the sewage treatment facilities are hereby
authorized to and may pass such resolutions,
enter into such agreements and do all things deemed
useful and necessary by it to effectuate the
merger or acquisition; and the Narragansett Bay water
quality management district commission is hereby
authorized and may pass such resolutions,
enter into such agreements and do all things
useful and necessary by it to effectuate the merger or
acquisition.
(c) Upon
completion, the merger or acquisition shall be certified to the secretary of
state
by the executive director of the Narragansett
Bay water quality management district commission.
(d)(1) In
accordance with the terms of the merger or acquisition agreement, on the
effective date of the merger or acquisition, all
property, real, personal, and mixed, and all debts
due on whatever account, all other choses in
action, and all and every other interest of or
belonging to or due to the district or city or
town related to the sewage treatment facilities, shall,
unless otherwise agreed to, be taken and deemed
to be transferred to and vested in the
Narragansett Bay water quality management
district commission without further act or deed; all
persons employed by the district or city or town
related to the sewage treatment facilities on the
date of the merger or acquisition may be deemed
employees of the Narragansett Bay water
quality management district commission; and the
title to any real estate, or any interest therein,
vested in the district or city or town related
to the sewage treatment facilities shall not revert or be
in any way impaired by reason of the merger or
acquisition.
(2) In
accordance with the terms of the merger or acquisition agreement, the Narragansett
Bay water quality management district commission
shall, unless otherwise agreed to, also be
responsible and liable for all the liabilities
and obligations of the district or city or town related to
such sewage treatment facilities; and any claim
existing or action or proceeding pending by or
against the district or city or town related to
such sewage treatment facilities shall be prosecuted
as if the merger or acquisition had not taken
place. Neither the rights of creditors nor any liens
upon the property of the district or city or
town related to such sewage treatment facilities shall be
impaired by the merger or acquisition. The
merger or acquisition as provided for herein shall not
impair the obligation of any contract or
agreement nor abate any suit, action, or other proceeding
lawfully commenced by or against the district or
city or town related to the sewage treatment
facilities, or any of its members or officers in
relation to the discharge of their official duties, but
a court of competent jurisdiction may, on motion
filed within twelve (12) months after the
effective date of the merger or acquisition,
allow such a suit, action, or proceeding to be
maintained by or against the Narragansett Bay
water quality management district commission or
any of its commissioners in relation to the
discharge of their official duties.
(3) Upon a
merger or acquisition as provided herein, should the employees of the merged
facility ("merged employees") have
been represented by a local, subsidiary or affiliate labor
organization of one of the parent labor
organizations already representing Narragansett Bay water
quality management district commission
employees, then the merged employees shall be eligible,
if appropriate, for accretion into the existing
local, subsidiary or affiliate of the Narragansett Bay
water quality management district commission
employees; and provided further, the Narragansett
Bay water quality management district commission
shall have no obligation to recognize or
bargain with any labor organization which had
represented the merged employees when they
were employed by the merged facility.
(e) Upon
completion of the acquisition, merger, or consolidation, the district or any
commission or other governing authority
established by a city or town or the state to manage and
operate the sewage treatment facilities shall
cease to have control and authority over the facilities
acquired and any ordinance, charter provision,
public law, general law, or bylaw governing the
district's, commission's or governing
authority's control over the facilities acquired shall be
repealed in its entirety.
(f) Subject to the
terms of the merger or acquisition agreement employees of the sewage
treatment facility, district, commission, or
other governing authority who subsequently become
employees of the Narragansett Bay water quality
management district commission as a result of
the acquisition, merger or consolidation, shall
be subject to the provisions of §§ 46-25-8 and 36-
9-36, and may be able to utilize their term of
service with the sewage treatment facility, district,
commission, or other governing authority, as
determined by the executive director, for the
purposes of longevity computation as it applies
to wages, vacation time, and longevity increases.
Provided, however, accrued vacation, sick leave,
and all other benefits with the municipality,
sewage treatment facility, district, or other
governing authority may be transferred.
(g) Any sewer use
fees, charges, and assessments in effect prior to the merger or
acquisition shall remain in effect and may be
assessed and collected by the commission in
accordance with §§ 46-25-5(9), 46-25-5(10),
46-25-21, 46-25-22 and 46-25-22.1. Any change in
the sewer use fees, charges and assessments
shall be subject to the approval of the public utilities
commission.
SECTION 62. Sections 46-28-4, 46-28-8, 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. -- (a) There is hereby
authorized,
created, and established within the executive
department as an associated function, as defined in §
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.
(b) The
rivers policy and classification plan prepared and recommended as provided for
in § 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.
46-28-8.
Local watershed councils. -- (a) The rivers council shall
establish and
recognize local watershed councils to implement
the rivers policy as adopted in accordance with
the provisions of this chapter and set forth in
the state guide plan. Unless a watershed is solely
within one municipality's boundaries, each local
watershed council shall be comprised of
members from each municipality within the
watershed area as designated by the department of
environmental management. Such local watershed
councils may be existing organizations where
appropriate.
(b) Local
watershed councils shall have standing to present testimony in all state and
local administrative proceedings which impact on
rivers and water quality and shall receive
notice, pursuant to rules adopted by the
council, from state or city and town agencies regarding
proposed actions pertaining to projects,
developments and activities located wholly or partially
within the watershed represented by the local
watershed council.
(c) Each
local watershed council shall be a body corporate and politic, having a distinct
legal existence from the state and any
municipality within the watershed area in which such local
watershed council is located. Each local
watershed council shall have power:
(1) To advise and
make recommendations for the watershed in the municipality where
such watershed is located for the preparation or
revision by the municipality of its comprehensive
land use plan pursuant to the Rhode Island
Comprehensive Planning and Land Use Regulation
Act with regard to achieving and maintaining
classifications assigned by the rivers council;
(2) To advise the
municipalities with regard to public access to rivers for the preparation
or revision by the municipality of a
comprehensive land use plan pursuant to the Rhode Island
Comprehensive Planning and Land Use Regulation
Act;
(3) To establish
and support river watch programs for the protection of the watershed in
which it is located;
(4) To negotiate
payments between two (2) or more of the municipalities within the
watershed for the conduct of services or the
erection of projects necessary for the purposes of the
local watershed council, subject to majority
vote of each of the city and town councils
participating in each program or project;
(5) To acquire,
hold, use, lease, sell, transfer, and dispose of any property, real, personal,
or mixed, or interest or interests thereon;
(6) To own,
operate, maintain, repair, improve, enlarge, and extend, in accordance with
the provisions of this chapter, any property
acquired hereunder, all of which, together with the
acquisition of such property, are hereby
declared to be public purposes; and
(7) To sell,
lease, convey, or otherwise dispose of to any of the municipalities within the
watershed any property or improvements thereto,
which the local watershed council may
hereafter acquire or construct; provided,
however, that any sale, lease, conveyance, or other
disposition of the property shall not prejudice
or adversely affect any service which the local
watershed council is providing to any other
participating city or town;
(8) To sue and be
sued in connection with any contracts made by, real estate or personal
property owned by or leases or conveyances made
by the local watershed council;
(9) To adopt and
order a corporate seal;
(10) To make
by-laws for the management and regulation of its affairs;
(11) To borrow
money for any of its corporate purposes including the creation and
maintenance of working capital;
(12) To fix rates
and collect charges for the use of the facilities of or services rendered by
or any commodities furnished by the local
watershed council; and to pay as the same shall
become due the expenses of operating and
maintaining the properties of the river watershed
council;
(13) To contract
in its own name for any lawful purpose which would effectuate the
purposes of this chapter; to execute all the
instruments necessary to carry out the purposes of this
chapter; to do all things necessary or convenient
to carry out the powers expressly granted by this
chapter. It is the intention of the legislature
that any property acquired by the local watershed
councils pursuant to the provisions of this
chapter shall be financed as a self-liquidating
enterprise, and that any indebtedness incurred
by the local watershed councils shall be payable
solely from the earnings or revenues derived
from all or part of the property acquired by such
river watershed council. Any indebtedness
incurred by the local watershed councils shall not be
deemed to constitute a debt or a pledge of the
faith and credit of the state or of any municipality;
(14) To enter into
cooperative agreements with other cities and towns, for any lawful
corporate purposes necessary and desirable to
effect the purposes of this chapter;
(15) In the
performance of its functions the local watershed council may recommend to
municipalities land and water conservation
programs consistent with the state rivers policy
provided for in § 46-28-7;
(16) To apply for,
contract for, and expend any federal or state advances or grants or
assistance which may be made available for
purposes of this chapter.
46-28-9.
Annual council report 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.
(1) 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 § 46-31-5.
(2) The
report shall be posted electronically as prescribed in § 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) [Deleted by
P.L. 2006, ch. 22, § 8 and P.L. 2006, ch. 27, § 8].
SECTION 63. Section 46-30-2 of the General Laws
in Chapter 46-30 entitled “Public
Water Supply Systems” is hereby amended to read
as follows:
46-30-2.
Legislative findings, intent, and objectives. -- (a) It is
hereby found and
declared that:
(1) Water is vital
to life and comprises an invaluable natural resource which is not to be
abused by any segment of the state's population
or its economy. It is the policy of the state to
restore, enhance, and maintain the chemical,
physical, and biological integrity of its waters to
protect health;
(2) It is further
found and declared that the waters of this state are a critical renewable
resource which must be protected to insure the
availability of safe and potable drinking water for
present and future needs;
(3) It is further
found and declared that public water supply system have the
responsibility to provide safety and potable
drinking water to the state's population;
(4) It is further
found and declared that financial and regulatory pressures may force some
small public water supply systems into
economically losing propositions;
(5) It is further
found and declared that economy and efficiency dictate the desirability to
combine small public water supply systems with
other public water supply systems;
(6)(b)
The objectives of this chapter are:
(i)(1)
To establish a mechanism to combine small public water supply systems and/or
annex small systems to adjacent water supplies
in order to provide viable water supplies capable
of meeting federal and state drinking water
regulations current at all times.
(ii)(2)
To enable each local jurisdiction, city, town, water authority, water district,
small
supplier, or small public water supply system to
petition the adjacent supplier for the purpose of
merging or annexing with the supplier in an
economically fair method.
(iii)(3)
No merger nor annexation shall proceed without the consent of the governing
board of each respective entity or, in the case
of a municipally owned system, a vote of the
majority of the entire town or city council or,
in the case of a private supplier, the consent of the
owner of the facilities in question and the
governing board of the petitioned governing agency.
SECTION 64. Section 47-1-2 of the General Laws
in Chapter 47-1 entitled “Duties of
Director of Labor and Training” is hereby
amended to read as follows:
47-1-2.
Custody and maintenance of state standards — Testing of standards. -- (a)
The director of labor and training shall have the
exclusive custody and control of the standards so
received by the state from the United States,
which standards shall be kept in a suitable fireproof
place to be provided by the state. The director
shall have the oversight of all the standards
furnished by the state to the various towns and
cities, and shall keep a complete list of the
standards and shall see that they are kept in
good order and repair. The director shall also keep the
standards belonging to the state, furnished by
the United States, in perfect order, and shall keep a
complete list of the standards, and shall take a
receipt for the standards from his or her successor
in office.
(b) The
director may, if he or she deems it desirable, and shall, upon request by
private
industry and for law enforcement agencies, test
any weights, measures, instruments, or
mechanical devices of any kind used or intended
to be used in standardizing the production of any
manufactured article by controlling processes or
by determining the dimensions, proportions, or
properties of materials or products, in
determining wages or compensation for labor performed, in
determining the dimensions or capacity of any
tank, can, or other container, or in determining the
accuracy of any automatic weighing or measuring
device. When any weight, measure, instrument,
or mechanical device has been tested and found
correct by the director, the director may seal the
same. If the director finds it inaccurate, the
director may, in his or her discretion, either condemn
it or the director may furnish the owner or user
with a certificate indicating the amount and
direction of any errors found by him or her.
This section shall not give to the director or his or her
inspectors the power to seal any of the devices
which are required by law to be sealed by local
sealers.
(c) The
director of labor and training shall by regulation establish a fee schedule for
services rendered under this section.
SECTION 65.
Section 47-3-3.1 of the General Laws in Chapter 47-3 entitled “Criminal
Offenses” is hereby amended to read as follows:
47-3-3.1.
Delivery of fuel oil — Fraud — Penalty. -- (a) (1) Whoever sells or
delivers
fuel oil in quantities of twenty (20) gallons or
over shall cause a delivery ticket, which shall
consist of an original and at least one carbon
copy thereof, to be issued. The ticket shall be
serially numbered for the purpose of
identification and shall have:
(i) Delivery date;
(ii) Name and
address of the seller; and
(iii) Name of
purchaser legibly recorded on the ticket prior to delivery of the fuel oil.
(2) Upon
completion of delivery, the ticket should include:
(i) Statement of
quantity of fuel delivered by sealed meter device in gallons and fractions
thereof, if any.
(ii) Price per
gallon unless purchaser has requested that price not be shown; .
(iii) Grade of
fuel oil.; and
(iv) Identity of
person making the delivery.
(3) One copy of
the ticket shall be delivered to the purchaser or his or her agent at the
time of delivery of the oil, unless the
purchaser has requested or initiates a request that the vendor
deliver the ticket to another person or
location, or that the delivery of the ticket be made at
another time. Another copy of the ticket shall
be retained by the seller for a period of three (3)
years to be in compliance with division of
taxation regulations of the state.
(b) The director
of labor shall be authorized to enter and go into or upon, at the time of
delivery of fuel oil, without warrant, any
vehicle to inspect or examine the metering system,
vehicle tank compartments, and delivery tickets
then in the actual possession or under the control
of the person making the delivery and may seize,
without warrant, any delivery tickets suspected
of constituting a deceptive or fraudulent
practice. No copy of the retained delivery ticket shall be
destroyed, but may be voided and kept on file.
(c) (1) On
deliveries of fuel oils made through a meter, the quantity determinations of
the
oil delivered shall be mechanically printed on
the ticket at the time of delivery. A sales sequence
number shall also be mechanically printed on the
ticket by the ticket printing mechanism of the
metering system unless the printing mechanism is
of the cumulative type. The sales sequence
number shall not be returnable to zero until it
has reached its highest attainable number.
(2) Only one
delivery ticket may be inserted into the ticket printing mechanism, and in
the case of vehicle tank meters, the ticket
shall not be inserted until immediately before a delivery
is begun, and in no case shall a ticket be left
in the printing mechanism when the vehicle is in
motion while on a public street, highway, or
thoroughfare. The possession of a preprinted ticket
imprinted with a gallonage gallon
amount in advance of delivery shall be prima facie evidence of
intent to use the ticket in violation of this
section.
(3) Deliveries of
fuel oil made from vehicle tank compartments, not measured at the time
of sale by a sealed metering system, shall be
made only from calibrated compartments which are
filled to an indicator that has been sealed by a
sealer or inspector of weights and measures. The
preceding sentence shall not apply to the
transfer, exchange, or sale of fuel oil which is being
transported between bulk storage facilities, or
to a purchaser who initiates a request in writing that
he or she wishes to accept a carbon copy of the
bulk storage metered loading ticket.
(d) Penalties.
(1) Whoever violates any provision of this section shall be punished for the
first offense, by a fine of not more than one
thousand dollars ($1,000); for the second offense, by
a fine of two thousand dollars ($2,000); and for
each subsequent offense, by a fine of four
thousand dollars ($4,000) and/or imprisonment
for not more than six (6) months.
(2) Whoever alters
or substitutes a delivery ticket for fraudulent or deceptive purposes
shall be punished by a fine of not less than one
thousand dollars ($1,000) nor more than three
thousand dollars ($3,000), or by imprisonment
for not more than three (3) years or both.
(3) In addition to
the foregoing penalties, anyone found guilty of violating the provisions
of this section shall also be liable civilly to
the person defrauded for an amount equal to three (3)
times the dollar amount of the cost of the fuel
oil of which the party was defrauded.
(e) Definitions.
Whenever in this section, unless otherwise defined, the words "fuel
oil" or
"petroleum products" are used, they
shall be construed to be home heating fuels.
SECTION 66. Section 47-4-1 of the General Laws
in Chapter 47-4 entitled “Standard
Measures” is hereby amended to read as follows:
47-4-1.
Dimensions of bushel and half bushel boxes -- Marking. -- (a)
Dimensions. A
box which shall measure on the inside thereof
seventeen and one-half inches (171/2") by
seventeen and one-half inches (171/2")
in length and width, and which on the inside thereof shall
measure seven and one-sixteenth inches (71/16")
in depth, measured from the highest part of the
bottom thereof, is hereby declared to be a legal
bushel box for the sale of farm produce. A box
which shall measure on the inside thereof
thirteen by thirteen inches (13" x 13") in length and
width and which on the inside thereof shall
measure six and one-sixteenth inches (61/16") in
depth, measured from the highest part of the
bottom thereof, is hereby declared to be a legal half
bushel box for the sale of farm produce.
(b) Marking.
All bushel boxes of the dimensions specified by this section shall be marked
in letters not less than one inch in height with
the words "standard bushel for farm produce". All
half bushel boxes of the dimensions specified by
this section shall be marked in letters not less
than one inch in height with the words
"standard half bushel for farm produce".
SECTION 67. Sections 47-8-1, 47-8-5, and 47-8-7
of the General Laws in Chapter 47-8
entitled “Gasoline and Petroleum Products” are
hereby amended to read as follows:
47-8-1.
Testing of measuring devices — Forbidding use — Fee. -- (a) The
director of
the department of labor and training is
hereby authorized and directed to have tested all gasoline
measuring devices used in the sale of gasoline,
from time to time, as in his or her judgment it may
be deemed necessary, to prevent fraud or
deception in the use of these devices or to insure the
accurate measurement of gasoline in the sale.
(b) Any
town or city sealer of weights, measures, and balances shall have authority to
condemn and forbid the use of any gasoline
measuring device for the sale of gasoline in his or her
respective town or city, or until the device has
been duly tried and sealed, or until the gasoline
measuring device has been equipped with such an
attachment, contrivance, or apparatus as will
insure the correct and proper functioning of the
measuring device for the sale of the gasoline by
accurate measurement.
(c) For the
testing and sealing of a gasoline measuring device, a fee of five dollars
($5.00)
shall be paid unless otherwise stated in §
47-1-5.1, except in the city of Providence where the
sealer shall have the authority to remove and
replace any lead seal on any gasoline measuring
device and to charge an additional fee of five
dollars ($5.00) for that service.
47-8-5. Testing and marking of tank vehicles and
meters. --
(a) The capacity of every
tank vehicle used and each compartment thereof
used for the transportation over the public
highways of this state of fuels, such as
gasoline and other volatile and inflammable liquids
including oils used for heating purposes, when
used as a measuring device shall be tested and
sealed at least once every three (3) years by
the director of labor and training. The capacity, when
so determined, shall be plainly printed upon the
right hand side of the vehicle tank dome in letters
and numerals not less than one inch in height.
The meters of the vehicle tanks and the meters of
home delivery truck vehicles and loading rack
meters shall be tested and sealed at least once a
year by the director of labor and training.
(b) The
director of the department of labor and training shall assess a fee of
one and eight
tenths cent (1.8¢) per gallon for measuring tank
vehicles, and a fee of nine dollars and sixty cents
($9.60) for testing meters on tank vehicles, and
home delivery truck vehicles, except, when those
meters are gravity fed, the fee shall be
eighteen dollars ($18.00), and a fee of eighteen dollars
($18.00) shall be assessed for testing loading
rack meters at least once every year, and a fee of
twenty-four dollars ($24.00) shall be assessed for
testing and sealing of bottom loading rack
meters at least once every year.
(c) The
director of the department of labor and training shall also receive
reasonable
compensation for all adjustments which it may be
necessary for the director to make. Reasonable
compensation shall not exceed the rates as
provided herein.
47-8-7.
Liability insurance — Marking of vehicles. -- (a) The owner of land or
facilities used to store petroleum products or
who owns or leases vehicles used to transport
petroleum products for purposes of resale shall
maintain a liability insurance policy which
includes pollution liability broad form coverage
of no less than two million dollars ($2,000,000).
The insurance policy shall be comprehensive in
nature and include coverage for underground or
aboveground contamination due to leakage from
any kind of a petroleum product stored on the
land or facility or which may be discharged from
a vehicle transporting the petroleum product for
purposes of resale. The provisions of this
section shall apply to owners of facilities that are
engaged in the business of selling petroleum
products at wholesale or retail, and shall not apply to
leasing companies engaged in the business of
leasing or renting vehicles used to transport
petroleum products.
(b) Any petroleum
delivery vehicle carrying petroleum products must have certification,
on Rhode Island form GU-1338A or Rhode Island
form DMU-1, of a two million dollar
($2,000,000) liability insurance policy which
includes pollution liability broad form coverage
prior to registration of the vehicle in the
state of Rhode Island. Proof of certification of the
insurance must be on file with wholesale
suppliers and/or petroleum distributor terminals for
vehicles to obtain petroleum products in Rhode
Island for marketing. A state of Rhode Island
resale certificate number must also be on file
with the supplier and distributing terminal. The
provisions of this section relating to liability
insurance do not apply in those cases where an
owner certifies that he or she is self insured,
to at least the required amount, and provides
certification of the self insurance.
(c) (1) Any
petroleum delivery vehicle carrying petroleum products must comply with
section 397.21 of the federal Motor Carriers
Safety Regulations for the Transportation of
Hazardous Materials, entitled
"Marking of Vehicles Operated by Private Carriers", prior to
registration of the vehicle, and maintain the
registration of the vehicle by the motor vehicle
division of the department of transportation
administration of the state of Rhode Island. The
marking shall include the following:
(i) Placarding in
accordance with federal requirements.
(ii) The name of
the enterprise, and the city or town in which the enterprise,
maintains its
principal office or in which the vehicle or
vehicles are customarily based.
(2) The markings
must appear on both sides of the vehicle, be in letters that contrast
sharply in color with the background, be readily
legible during daylight hours from a distance of
fifty feet (50') while the vehicle is
stationary, and be kept and maintained in a manner that retains
the legibility required. The marking may consist
of a removable device if that device meets the
identification and legibility requirements of
this subsection, for a period not to exceed three (3)
months after registration of said vehicle.
(d) The director
of the department of transportation administration is authorized
and
empowered to promulgate rules and regulations
for the enforcement and administration of the
provisions of this section.
SECTION 68.
Sections 47-12-3 and 47-12-4 of the General Laws in Chapter 47-12
entitled “Firewood and Charcoal” are hereby
amended to read as follows:
47-12-3.
Sale of firewood. -- (a) Cordwood sold or offered or exposed for
sale shall be
four feet (4') in length. The term
"firewood" shall be construed to mean and include wood cut to
any lengths of less than four feet (4') and more
than eight inches (8"). Cordwood and firewood
shall be advertised, offered for sale, and sold
only in terms of cubic feet or cubic meters which
will be construed as indicating the closely
stacked cubic foot or cubic meter content to be
delivered to the purchaser. The terms
"cord", "face cord", "pile",
"truckload", or terms of similar
import shall not be used in the advertising and
sale of cordwood or firewood.
(b) The
term "kindling wood" shall be construed to mean and include all split
wood,
edgings, clippings, or other waste wood
averaging eight inches (8") in length. The standard unit
of measure for kindling wood shall be the bushel
of two thousand, one hundred and fifty and
forty-two hundredths cubic inches (2150.42 cu.
in.).
47-12-4.
Fraudulent sale of firewood. -- (a) Whoever, except as otherwise
provided,
sells cordwood or firewood, shall cause a
delivery ticket or sales invoice to be issued and
delivered to the purchaser or his or her agent
at the time of delivery of the wood. The delivery
ticket or sales invoice shall include the name
and address of the seller and the purchaser, the
quantity delivered to the purchaser in terms of
cubic feet or cubic meters, the date delivered, and
the price of the quantity of wood delivered.
(b) Whoever
violates any provision of this or the preceding sections shall be punished for
the first offense by a fine of fifty dollars ($50.00),
for the second offense by a fine of one hundred
dollars ($100), and for each subsequent offense
by a fine of two hundred dollars ($200). Whoever
alters or substitutes a delivery ticket or sales
invoice for fraudulent or deceptive purposes shall be
punished by a fine of not more than two hundred
fifty dollars ($250).
SECTION 69.
Section 47-16-1 of the General Laws in Chapter 47-16 entitled “Public
Utilities Metering Devices” is hereby amended to
read as follows:
47-16-1.
Testing of metering devices — Forbidding use. -- (a) The
administrator of the
division of public utilities and carriers is
hereby authorized and directed to conduct spot tests of
all metering devices used in the sale of
electricity, water, or natural gas at least once a year, and
the number of metering devices checked each year
shall be such as in the administrator's
judgment is necessary to constitute a fair
sampling of metering devices in use to prevent fraud or
deception in the use of the devices, or to insure
the accurate measurement of those commodities
in any sale.
(b) Any
town or city sealer of weights, measures, and balances shall have authority to
condemn and forbid the use of any metering
device for the sale of electricity, water, or natural gas
in his or her respective town or city, or until
the device has been duly tried and sealed, or until the
metering device has been equipped with such
attachment, contrivance, or apparatus as will insure
the correct and proper functioning of the
measuring device for the sale of the electricity, water, or
natural gas by accurate measurement.
SECTION 70. This
act shall take effect upon passage.
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LC01123/SUB
A/2
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