CHAPTER 132
CENTRAL LANDFILL REGION OVERSIGHT COUNCIL

42-132-2. Legislative findings. -- The general assembly recognizes and declares that the quality of Rhode Island's environment and solid waste management are inter-related and significantly impact the quality of life for all Rhode Island citizens. Therefore, it shall be the policy of the state to preserve, protect, develop and where possible, restore, improve and enhance the environment by establishing a central landfill region oversight council which shall promote legislation and policies essential to the social, economic, environment and general well being of the people of Rhode Island.

42-132-3. Purpose. - The central landfill region oversight council is hereby created to bring together appropriate federal, state and local representatives with the local residents to work together to address and correct existing landfill and recycling problems and other environmental issues impacting the community, and to establish an open dialogue between agency representatives and residents on landfill and other environmental concerns.

42-132-4. Central Landfill Region Oversight Council created - Appointment of members. - (a) There is hereby created the Central Landfill Region Oversight Council.

(1) The Central Landfill Region Oversight Council shall consist of nineteen (19) members: three (3) of whom shall be members of the house appointed by the speaker and whom shall represent Johnston, Cranston and Scituate; two (2) of whom shall be members of the senate appointed by the majority leader and whom shall represent Johnston and Cranston; two (2) of whom shall be Johnston town council members appointed by the Johnston town council or their designees; one (1) of whom shall be a Cranston city councilman appointed by the Mayor of Cranston or designee; one (1) of whom shall be a Scituate town council member appointed by the Scituate town council president, or designee; three (3) of whom shall be members of the general public and reside in Johnston who shall be appointed by the Mayor of Johnston; two (2) of whom shall be members of the general public and who reside in the city of Cranston and whom shall be appointed by the Mayor of Cranston; one (1) of whom shall be a member of the general public and who resides in Scituate and who shall be appointed by the Scituate town council president; one (1) of whom shall be a representative of the attorney general's office and whom shall be appointed by the attorney general; one (1) of whom shall be a representative of the department of environmental management and whom shall be appointed by the director, or designee; one (1) of whom shall be a representative from the department of health and whom shall be appointed by the director; and one (1) of whom shall be a representative of the environmental protection agency whom shall be appointed by the members representing the department of environmental management, the environmental protection agency, the department of health and the office of the attorney general shall serve as ex officio's and nonvoting members of the council.

42-132-5. Members -- Term of office - Vacancies. - (a) The term of office of the appointed members shall be two (2) years, only so long as the members shall remain eligible to serve on the council under the appointing authority.

(b) The members shall be eligible to succeed themselves for one (1) additional term only. Thereafter, a former member shall again be eligible for reappointment after a lapse of two (2) or more years. Provided further, that the provisions of subsection (b) shall not apply to any of the ex-officio members.

(c) Elected or appointed municipal officials shall hold seats on the council, only so long as they remain in their elected or appointed office. Members of the senate and house shall serve until their term has expired and shall not be subject to the provisions of subsection (b) of this section.

(d) A vacancy other than by expiration shall be filled in the manner of the original appointment but only for the unexpired portion of the term. The appointing authority shall have the power to remove its appointee for just cause.

42-132-6. Continuation of office holders. - All officers filling any office by election or appointment shall continue the duties thereof, until the end of the terms to which they were appointed or elected, and until their offices shall have been abolished or their successors elected and qualified in accordance with the Rhode Island constitution or laws enacted pursuant thereto.

42-132-7. Oath of members. - Each appointed member of the council, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.

42-132-8. Officers of the council - Quorum and vote required for action. - The council, upon the appointment of the appointed members of the council, shall select from the appointed members a chairperson and vice chairperson. The council shall thereupon select a secretary from among its membership or staff. The council may engage such staff, including legal counsel, as it deems necessary. A quorum shall consist of eight (8) members of the council. A majority vote of those present shall be required for action. Term for chairman and vice chairman will be for two (2) years.

42-132-9. Meetings and attendance. - (a) The council shall meet at least four (4) times per year and minutes shall be kept by the council's secretary, or designee.

(b) The chairman or any five (5) members can call a special meeting with special meeting notice requirement.

(c) Members will receive no compensation but may receive travel and/or related expenses.

(d) All meetings conducted by the council shall be in accordance with and pursuant to the Rhode Island open meetings law as defined in chapter 42-46.

(e) Any member of the council, who without just cause fails to attend three (3) consecutive meetings, may be subject to removal from the council by a majority vote of the council.

42-132-10. Powers and duties. - In order to properly administer and implement the goals and purposes of the council, it shall have the following powers:

(a) To review and monitor landfills within the designated region;

(b) To assess the current state of affairs as it relates to landfills within the region;

(c) To make recommendations to improve and develop a comprehensive plan which shall address issues surrounding the landfills in the designated region;

(d) Advising or making administrative recommendations to the appropriate agency or governmental entity;

(e) Proposing or drafting legislation as a means of advising the Rhode Island state assembly;

(f) Tracking implementation status of committee recommendations;

(g) Identifying specific community concerns related to the landfill and other potential sources and working collectively to address those concerns;

(h) Defining the scope of the committee's mission by establishing parameters, identifying, and prioritizing issues to be addressed;

(i) Working cooperatively to identify, address and correct existing problems related to the landfill and other potential sources;

(j) Commenting on documents related to major project milestones such as sampling plans, or proposed actions;

(k) Communicating and making publicly available information on investigations and cleanup actions taken at the landfill to the public. Such communications may take the form of press releases, press conferences or reports;

(l) Employing a consensus process. Should consensus be unattainable, the dissenting minority opinion will be articulated in the minutes of the meeting or in the committee's recommendation(s).

42-132-11. Gifts, grants, and donations. - The council is authorized to receive any gifts, grants, or donations made for any of the purposes of its program, which shall be deposited as general revenues, and to disburse and administer the gifts, grants, or donations amounts appropriated in accordance with the terms thereof. The council is authorized to receive any sums provided by an applicant for use by the council in its hearing process, which shall be deposited as general revenues, and to disburse and administer the general revenue amounts appropriated in accordance with the rules and regulations promulgated by the council.

42-132-12. Cooperation of departments. - All other departments and agencies and bodies of state government are hereby authorized and directed to cooperate with and furnish such information as the council shall require consistent with any laws governing confidentiality and privileged information.

42-132-13. Exemption from provisions of the Administrative Procedures Act. - The provisions of the Administrative Procedures Act shall not apply to this chapter.

42-132-14. Appropriation. - The Rhode Island Resource Recovery Corporation board shall provide one hundred thousand dollars ($100,000) to the council for administrative and other related costs during the first month of the Rhode Island Resource Recovery Corporation's fiscal year.

42-132-15. Fiscal year. -- The fiscal year of the authority shall be from July 1 to June 30.

42-132-16. Annual report. - The council shall file an annual report with the General Assembly, Governor, the city of Cranston, the town of Johnston, the town of Scituate and the departments of the ex officio members no later than February 1^st of each year. Provided, further that an annual report shall also be forwarded to the main public libraries located in the city of Cranston, the town of Johnston and the town of Scituate.

42-132-17. Severability. - If any clause, sentence, paragraph, or part of this chapter shall for any reason be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof, directly involved in the controversy in which the judgment shall have been rendered.