| Chapter 379 |
| 2024 -- S 2153 SUBSTITUTE B Enacted 06/26/2024 |
| A N A C T |
| RELATING TO WATERS AND NAVIGATION -- FRESHWATER LAKE MANAGEMENT PROGRAM |
Introduced By: Senators Sosnowski, DiMario, Raptakis, F. Lombardi, Felag, Gu, and de la Cruz |
| Date Introduced: January 24, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Legislative findings and purpose. |
| Rhode Island's freshwater resources provide great benefits to the citizens of Rhode Island, |
| including, but not limited to, a variety of recreational opportunities, mitigation of flooding, and |
| provision of habitat for wildlife and plants. Conditions in many Rhode Island lakes and ponds and |
| associated tributary rivers and streams are threatened or degraded by the growth of aquatic invasive |
| plants, harmful algal blooms, nutrient enrichment, and other water pollution problems. Restoring |
| conditions in the state's freshwater resources is essential to sustaining the valuable ecosystem |
| services they provide. It is in the best interest of the state and its citizens to preserve, protect, and |
| restore Rhode Island's freshwater lakes and ponds through the establishment of a state lake |
| management program to facilitate coordination of state and local lake management actions and |
| provide technical and financial assistance. |
| SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is |
| hereby amended by adding thereto the following chapter: |
| CHAPTER 33 |
| FRESHWATER LAKE MANAGEMENT PROGRAM |
| 46-33-1. Definitions. |
| As used in this chapter, unless the context indicates otherwise: |
| (1) "Aquatic invasive species" means those invasive or non-native species that inhabit |
| water resources including lakes, ponds, rivers, and streams. |
| (2) "Coordination" means to harmonize in a common action or effort and/or to function in |
| a complementary manner. |
| (3) "Department" means the Rhode Island department of environmental management. |
| (4) "Invasive species" means an alien species whose introduction does or is likely to cause |
| economic or environmental harm, or harm to human health. |
| (5) "Lake" or "pond" means a place, natural or manmade, located wholly or partly within |
| the State state of Rhode Island, where open standing or slowly moving water shall be present for |
| at least six (6) months of the year. |
| (6) "Lake association" means an association, club, or other organization, formed and |
| registered in Rhode Island, which that has responsibility for stewardship and management of a |
| freshwater lake or pond. |
| (7) "Non-native species" means a species of plant, animal, or microbe that is: |
| (i) Introduced to a country or region where it is not native; |
| (ii) Is reproducing and spreading without human cultivation; and |
| (iii) Is causing harm to native species or the areas in which they live. |
| (8) "Rhode Island lake management fund" means the fund established by § 46-33-3. |
| 46-33-2 Rhode Island lake management program – Established. |
| (a) The department shall develop and implement a lake management program. The program |
| shall include the following elements: |
| (1) Field surveys and mapping to document the presence of aquatic invasive species in |
| freshwaters; |
| (2) Development and provision of guidance and technical assistance to lake associations, |
| watershed organizations, and municipalities interested in undertaking lake management actions; |
| (3) Coordination of the implementation of lake management actions, where appropriate; |
| (4) Oversight of lake management policy and program development; |
| (5) Distribution of financial assistance for lake management, including control of aquatic |
| invasive plants, as resources allow; and |
| (6) Other activities consistent with the powers and duties assigned to the department in § |
| 42-17.1-2(34). |
| (b) Upon receipt of funding, the department shall establish procedures and rules for the |
| distribution of lake management grants consistent with the following provisions: |
| (1) Entities eligible to apply for assistance shall include lake associations, watershed |
| associations, municipal governments, and other nonprofit, non-governmental environmental and |
| conservation organizations. |
| (2) Projects involving lakes and ponds located wholly within a privately owned property |
| and that lack public access to the waterbody are not eligible for assistance. |
| (3) Projects involving lakes and ponds that lack public access, excepting those excluded in |
| subsection (b)(2) of this section, may be eligible to apply for financial assistance provided the |
| department determines that active management is necessary to protect publicly accessible |
| freshwater resources. |
| (4) Projects shall be solicited through a publicly advertised process. |
| (5) Projects shall require a matching contribution of funds. |
| (6) Eligible projects are determined by the department to be technically sound and |
| appropriate to mitigate an existing aquatic invasive species management, water quality, or aquatic |
| habitat concern. |
| (7) Funding is used to design and implement specific lake management actions. |
| SECTION 3. This act shall take effect upon passage. |
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| LC003645/SUB B |
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