2013 -- H 5733

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LC01815

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT

COUNCIL

     Introduced By: Representatives Naughton, Shekarchi, Kennedy, and Bennett

     Date Introduced: February 28, 2013

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 46-23-2 of the General Laws in Chapter 46-23 entitled "Coastal

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Resources Management Council" is hereby amended to read as follows:

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     46-23-2. Coastal resources management council created -- Appointment of

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members. -- (a) There is hereby created the coastal resources management council.

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     (1) The coastal resources management council shall consist of sixteen (16) eleven (11)

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members, two (2) of whom shall be members of the house of representatives, at least one of the

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members shall represent a coastal municipality, appointed by the speaker, two (2) of whom shall

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be members of the senate, each of whom shall represent a coastal municipality, appointed by the

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president of the senate, two (2) of whom shall be from the general public appointed by the

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speaker of the house for a term of two (2) years, two (2) of whom shall be from a coastal

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municipality appointed by the speaker of the house for a term of three (3) years.

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     (2) In addition, four (4) six (6) of the members shall be appointed or elected officials of

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local government appointed by the governor, one three (3) of whom shall be from a municipality

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of less than twenty-five thousand (25,000) population, appointed to serve until January 31, 1972,

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one three (3) of whom shall be from a coastal municipality of more than twenty-five thousand

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(25,000) population. appointed to serve until January 31, 1973, and one of whom shall be from a

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coastal municipality of less than twenty-five thousand (25,000) population appointed to serve

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until January 31, 1974, and one of whom shall be from a coastal community of more than twenty-

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five thousand (25,000) population appointed to serve until January 31, 1975, the The populations

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are to be determined by the latest federal census. ; all members shall serve until their successors

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are appointed and qualified; during the month of January, the governor shall appoint a member to

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succeed the member whose term will then next expire for a term of four (4) years commencing on

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the first day of February then next following and until his or her successor is named and

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qualified; each Each municipal appointment shall cease if the appointed or elected official shall

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no longer hold or change the office which he or she held upon appointment, and further, each

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appointee shall be eligible to succeed himself or herself. All municipal appointments must receive

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the advice and consent of the senate.

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     (3) Three (3) Five (5) members shall be appointed by the governor from the public, with

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the advice and consent of the senate., one of whom shall serve until January 1, 1972, one of

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whom shall serve until January 1, 1973 and one of whom shall serve until January 1, 1974; the

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The members and their successors shall represent a coastal community.

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     (4) All members shall serve until their successors are appointed and qualified; during the

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month of January, the governor shall appoint, with the advice and consent of the senate, a

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member to succeed the members whose term will then next expire for a term of three (3) years

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commencing on the first day of February next following and until his or her successor is named

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and qualified. A member shall be eligible to succeed himself or herself. No more than two (2)

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persons on the council shall be from the same community.

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     (5) Appointments shall first be made by the governor, then by the president of the senate,

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and then by the speaker. The commissioner director of the environmental protection branch or his

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or her designee within the department of environmental management shall serve ex officio. The

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ex-officio member shall not be counted as serving from any particular community.

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      (b) In addition to the foregoing voting members, the council shall include a varying

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number of other members who shall serve in an advisory capacity without the right to vote and

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who shall be invited to serve by either the governor or the voting members. These advisory

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members shall represent the federal agencies such as the navy, coast guard, corps of engineers,

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public health service, and the federal water pollution control administration, and such regional

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agencies as the New England river basins commission and the New England regional commission

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and any other group or interest not otherwise represented.

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      (c) There shall be established a coastal resources advisory committee which committee,

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appointed by the executive director of the coastal resources management council, shall include,

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but not be limited to, representation from the following groups: one of whom shall be a

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representative of the University of Rhode Island Graduate School of Oceanography and the

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College of Resources Development, one of whom shall be a representative of the Sea Grant

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National College Program, one of whom shall be a representative of the army corps of engineers,

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one of whom shall be a representative of the federal environmental protection agency's

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Narragansett Bay laboratory, one of whom shall be a representative of the coastal resources

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management council, one of whom shall be the director of the department of environmental

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management; one of whom shall be a member of the Rhode Island Marine Trade Association and

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one of whom shall be a representative of a regional environmental group. The council shall have

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the authority to appoint such additional members to said advisory committee as is deemed

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necessary or advisable by the advisory committee or the council. It shall be the responsibility of

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the committee to advise the coastal resources management council on environmental issues

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relating to dredging and permitting related thereto, including, but not limited to, those issues

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defined in sections 46-23-18.1 -- 46-23-18.3, inclusive.

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      (d) The council shall have the authority to form committees of other advisory groups as

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needed from both its own members and others.

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     SECTION 2. Section 46-23-4 of the General Laws in Chapter 46-23 entitled "Coastal

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Resources Management Council" is hereby amended to read as follows:

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     46-23-4. Officers of the council -- Quorum and vote required for action. -- The

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governor, upon the appointment of the appointed members of the council, shall select from the

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appointed members a chairperson and vice chairperson. The council shall thereupon select a

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secretary from among its membership or staff. The council may engage such staff, including legal

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counsel, as it deems necessary. A quorum shall consist of seven (7) six (6) members of the

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council. A majority vote of those present shall be required for action.

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     SECTION 3. This act shall take effect upon passage.

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LC01815

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT

COUNCIL

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     This act would reduce the membership of the coastal resources management council from

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sixteen (16) to eleven (11) members and would reduce the quorum requirement from seven (7) to

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six (6) members.

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     This act would take effect upon passage.

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LC01815

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