2013 -- S 0671 SUBSTITUTE A

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LC01551/SUB A/2

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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 STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ADMINISTRATION

     Introduced By: Senator Joshua Miller

     Date Introduced: March 06, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-84-3 of the General Laws in Chapter 23-84 entitled "The Rhode

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Island Climate Risk Reduction Act of 2010" is hereby amended to read as follows:

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     23-84-3. Creation of The Rhode Island Climate Change Commission. -- (a) There is

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hereby created an independent commission known as "The Rhode Island Climate Change

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Commission" consisting of twenty-eight (28) members as follows: three (3) of whom shall be

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members of the senate, to be appointed by the senate president, not more than two (2) from the

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same political party; three (3) of whom shall be members of the house of representatives, to be

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appointed by the speaker of the house not more than two (2) from the same political party; one of

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whom shall be the director of the department of environmental management, or his or her

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designee; one of whom shall be the executive director of the coastal resources management

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council, or his or her designee; one of whom shall be the director of the department of

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transportation, or his or her designee; one of whom shall be the chair of the Rhode Island bays,

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rivers, and watersheds coordination team; one of whom shall be the director of the Rhode Island

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department of health, or his or her designee; one of whom shall be the chief of staff of the water

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resources board, or his or her designee; one of whom shall be the director of the division of

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planning, or his or her designee; one of whom shall be the state building commissioner, or his or

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her designee; one of whom shall be the director of the Rhode Island emergency management

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agency, or his or her designee; two (2) of whom shall represent municipal governments of coastal

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municipalities one appointed by the senate president and one appointed by the speaker of the

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house; two (2) of whom shall be representatives of environmental non-profit organizations,

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appointed by the environment council of Rhode Island; two (2) of whom shall be representatives

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of business, one designated by the greater Providence chamber of commerce and one designated

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by the Rhode Island chamber of commerce coalition; two (2) of whom shall be representatives of

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higher education institutions, one appointed by the board of governors for higher education and

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one appointed by the association of independent colleges and universities of Rhode Island; one of

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whom shall be a representative of a utility distribution company having greater than one hundred

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thousand (100,000) customers to be appointed by the senate president; one of whom shall be the

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executive director of the Rhode Island realtors association, or his or her designee; one of whom

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shall be the executive director of the Rhode Island builders association, or his or her designee;

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one of whom shall be the executive director of the American institute of architects of Rhode

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Island, or his or her designee; and one of whom shall represent the medical profession, including,

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but not limited to, a doctor or nurse, to be appointed by the speaker of the house.

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      (b) The purposes of the commission shall be to study the projected impacts of climate

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change on Rhode Island, to identify and report methods of adapting to these climate change

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impacts in order to reduce likely harm and increase economic and ecosystem sustainability, and

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to identify potential mechanisms to mainstream climate adaptation into existing state and

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municipal programs including, but not limited to, policies plans, infrastructure development and

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maintenance.

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      (c) The commission shall support its purposes by undertaking the following duties

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including but not limited to:

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      (1) Recommending how to mainstream climate change, using a climate "lens", into

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existing state and local programs, policies and standards, and identify potential options to

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incorporate adaptation strategies.

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      (2) Compiling existing studies, research and programs relevant to climate change trends

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and potential impacts in Rhode Island and identifying gaps in the research available.

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      (3) Conducting a comprehensive overview of the risks Rhode Island may face as a result

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of rising air and water temperatures and sea level, increased storminess, and more intense

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droughts and rainfall events.

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      (4) Investigating the vulnerability of critical roads, bridges, protection infrastructure such

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as hurricane barriers, dams, and revetments, and public facilities such as hospitals, schools,

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sewage treatment plants, parks and beaches and other critical utilities to sea level rise, increased

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flooding and extended extreme summer heat.

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      (5) Exploring potential changes to floodplains and ways to notify homeowners, renters

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and commercial property owners of not only a property's flooding history but also its expected

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risk under projected levels of climate change and sea level rise.

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      (6) Assessing ecosystem impacts such as salt marshes, forests, and urban tree canopy and

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researching tree and plant species that will be most resilient to climate change expected in Rhode

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Island, as well as ways to secure additional funding to support the expansion of urban tree canopy

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to thirty percent (30%).

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      (7) Identifying potential ecosystem based adaptation options where conservation or

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restoration of natural ecosystems can provide key ecosystems services by minimizing risks and

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hazards from flooding and drought cycles.

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      (8) Identifying ways to increase Rhode Islanders' access to critical community health

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services that are expected to become more important as a result of projected climate impacts.

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      (9) Investigating potential impacts from non-point source pollution due to hydrological

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changes including stormwater runoff options for the Phase 2 Narragansett Bay Commission's

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Combined Sewer Overflow project, and implementing small-scale projects such as increasing the

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percentage of pervious surfaces in residential areas such as yards and gardens.

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      (10) Exploring possibilities to make funds or low interest loans available for

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governmental entities, non-profit entities and businesses to implement adaptation strategies,

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including green infrastructure projects on their properties, including green roofs, walls, and

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bioretention areas.

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      (11) Investigating possibilities to expand energy efficiency and weatherization programs

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as an adaptation option.

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      (12) Reviewing, among other things, existing local ordinances, provisions adopted by

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associations, deed restrictions, covenants, declarations or similar binding agreements, which

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prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines,

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weatherization improvements, gardens or other energy devices based on renewable resources and

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proposing alternatives that would eliminate said prohibitions and authorize these types of uses as

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climate change mitigation and adaptation strategies for local implementation.

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      (13) Reviewing possibilities to amend regulations to allow street parking to reduce

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impervious surfaces in urban areas and runoff.

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      (14) Investigating how to support local agriculture including urban community gardens,

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and encouraging municipalities to foster neighborhood gardens in empty lots and parks.

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      (15) Developing a plan to expand access to cooling and relief centers by extending hours

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at libraries, community centers and opening pools to the public.

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      (16) Identifying examples and options for outreach and communication on climate

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change and adaptation options and recommending opportunities for coordinated outreach

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programs within Rhode Island.

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      (d) One senator and one representative appointed to the commission shall serve as co-

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chairs and shall call the first meeting of the commission. Vacancies shall be filled in like manner

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as the original appointment. The membership of the commission shall receive no compensation

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for their services. All departments and agencies of the state shall furnish such advice and

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information, documentary and otherwise, to the commission and its agents as is deemed

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necessary or desirable by the commission to facilitate the purposes of this chapter. The joint

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committee on legislative services is hereby authorized and directed to provide suitable quarters

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for the commission.

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      (e) The commission shall provide a report of its findings and recommendations to the

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governor and the general assembly no later than March 1, 2011, and every March 1 thereafter.

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     (f) The commission shall expire on January 1, 2014.

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     SECTION 2. Section 42-11-10 of the General Laws in Chapter 42-11 entitled

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"Department of Administration" is hereby amended to read as follows:

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     42-11-10. Statewide planning program. -- (a) Findings. - The general assembly finds

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that the people of this state have a fundamental interest in the orderly development of the state;

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the state has a positive interest and demonstrated need for establishment of a comprehensive

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strategic state planning process and the preparation, maintenance, and implementation of plans

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for the physical, economic, and social development of the state; the continued growth and

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development of the state presents problems that cannot be met by the cities and towns

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individually and that require effective planning by the state; and state and local plans and

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programs must be properly coordinated with the planning requirements and programs of the

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federal government.

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      (b) Establishment of statewide planning program.

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      (1) A statewide planning program is hereby established to prepare, adopt, and amend

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strategic plans for the physical, economic, and social development of the state and to recommend

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these to the governor, the general assembly, and all others concerned.

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      (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

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departments and agencies of the executive branch unless specifically exempted, shall be

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conducted by or under the supervision of the statewide planning program. The statewide planning

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program shall consist of a state planning council, and the division of planning, which shall be a

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division within the department of administration.

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      (c) Strategic planning. - Strategic planning includes the following activities:

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      (1) Establishing or identifying general goals.

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      (2) Refining or detailing these goals and identifying relationships between them.

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      (3) Formulating, testing, and selecting policies and standards that will achieve desired

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objectives.

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      (4) Preparing long-range or system plans or comprehensive programs that carry out the

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policies and set time schedules, performance measures, and targets.

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      (5) Preparing functional short-range plans or programs that are consistent with

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established or desired goals, objectives, and policies, and with long-range or system plans or

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comprehensive programs where applicable, and that establish measurable intermediate steps

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toward their accomplishment of the goals, objectives, policies, and/or long-range system plans.

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      (6) Monitoring the planning of specific projects and designing of specific programs of

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short duration by the operating departments, other agencies of the executive branch, and political

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subdivisions of the state to insure that these are consistent with and carry out the intent of

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applicable strategic plans.

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      (7) Reviewing the execution of strategic plans and the results obtained and making

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revisions necessary to achieve established goals.

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      (d) State guide plan. - Components of strategic plans prepared and adopted in accordance

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with this section may be designated as elements of the state guide plan. The state guide plan shall

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be comprised of functional elements or plans dealing with land use; physical development and

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environmental concerns; economic development; housing production; energy supply, including

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the development of renewable energy resources in Rhode Island, and energy access, use, and

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conservation; human services; and other factors necessary to accomplish the objective of this

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section. The state guide plan shall be a means for centralizing, integrating, and monitoring long-

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range goals, policies, plans, and implementation activities related thereto. State agencies

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concerned with specific subject areas, local governments, and the public shall participate in the

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state guide planning process, which shall be closely coordinated with the budgeting process.

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      (e) Membership of state planning council. - The state planning council shall consist of:

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      (1) The director of the department of administration as chairperson;

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      (2) The director, policy office, in the office of the governor, as vice-chairperson;

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      (3) The governor, or his or her designee;

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      (4) The budget officer;

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      (5) The chairperson of the housing resources commission;

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      (6) The highest-ranking administrative officer of the division of planning, as secretary;

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      (7) The president of the League of Cities and Towns or his or her designee and one

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official of local government, who shall be appointed by the governor from a list of not less than

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three (3) submitted by the Rhode Island League Cities and Towns;

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      (8) The executive director of the League of Cities and Towns;

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      (9) One representative of a nonprofit community development or housing organization

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appointed by the governor;

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      (10) Four (4) public members, appointed by the governor;

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      (11) Two (2) representatives of a private, nonprofit environmental advocacy

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organization, both to be appointed by the governor;

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      (12) The director of planning and development for the city of Providence;

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      (13) The director of the department of transportation;

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      (14) The director of the department of environmental management;

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      (15) The director of the department of health; and

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      (16) The executive director of the economic development corporation.

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      (f) Powers and duties of state planning council. - The state planning council shall have

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the following powers and duties:

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      (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

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and to modify and amend any of these, following the procedures for notification and public

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hearing set forth in section 42-35-3, and to recommend and encourage implementation of these

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goals to the general assembly, state and federal agencies, and other public and private bodies;

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approval of strategic plans by the governor; and to ensure that strategic plans and the long-range

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state guide plan are consistent with the findings, intent, and goals set forth in section 45-22.2-3,

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the "Rhode Island Comprehensive Planning and Land Use Regulation Act";

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      (2) To coordinate the planning and development activities of all state agencies, in

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accordance with strategic plans prepared and adopted as provided for by this section;

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      (3) To review and comment on the proposed annual work program of the statewide

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planning program;

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      (4) To adopt rules and standards and issue orders concerning any matters within its

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jurisdiction as established by this section and amendments to it;

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      (5) To establish advisory committees and appoint members thereto representing diverse

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interests and viewpoints as required in the state planning process and in the preparation or

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implementation of strategic plans. The state planning council shall appoint a permanent

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committee comprised of:

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      (i) Public members from different geographic areas of the state representing diverse

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interests, and

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      (ii) Officials of state, local and federal government, which shall review all proposed

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elements of the state guide plan, or amendment or repeal of any element of the plan, and shall

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advise the state planning council thereon before the council acts on any such proposal. This

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committee shall also advise the state planning council on any other matter referred to it by the

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council; and

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      (6) To establish and appoint members to an executive committee consisting of major

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participants of a Rhode Island geographic information system with oversight responsibility for its

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activities.

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      (7) To adopt, amend and maintain as an element of the state guide plan or as an

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amendment to an existing element of the state guide plan, standards and guidelines for the

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location of eligible renewable energy resources and renewable energy facilities in Rhode Island

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with due consideration for the location of such resources and facilities in commercial and

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industrial areas, agricultural areas, areas occupied by public and private institutions, and property

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of the state and its agencies and corporations, provided such areas are of sufficient size, and in

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other areas of the state as appropriate. ; and

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     (8) To consider the proposed impacts of climate change on Rhode Island, to identify

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methods for adapting to these climate change impacts in order to reduce likely harm and increase

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economic and ecosystem sustainability, and to identify potential mechanisms to mainstream

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climate change adaption into existing state and municipal programs, in the undertaking of all of

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the powers and duties outlined in subdivision 42-11-10(f)(1) through (7).

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     (9) To establish and appoint members to a climate change advisory committee if

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necessary consisting of members representing diverse interests, including environmental, health,

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economic, and public safety interests, which shall review all proposed elements of the state guide

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plan, or amendment or repeal of any element of the plan, and shall advise the state planning

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council before the council acts on any such proposal regarding the following: the projected

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impacts of climate change on Rhode Island; identifying methods of adapting to these climate

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change impacts in order to reduce likely harm and increase economic and ecosystem

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sustainability; identifying potential mechanisms to mainstream climate change into existing state

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and municipal programs including, but not limited to, policies, plans, infrastructure development

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and maintenance.

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      (g) Division of planning.

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      (1) The division of planning shall be the principal staff agency of the state planning

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council for preparing and/or coordinating strategic plans for the comprehensive management of

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the state's human, economic, and physical resources. The division of planning shall recommend

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to the state planning council specific guidelines, standards, and programs to be adopted to

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implement strategic planning and the state guide plan and shall undertake any other duties

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established by this section and amendments thereto.

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      (2) The division of planning shall maintain records (which shall consist of files of

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complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

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adopted or issued by the state planning council under this section. The records shall be open to

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the public.

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      (3) The division of planning shall manage and administer the Rhode Island geographic

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information system of land-related resources, and shall coordinate these efforts with other state

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departments and agencies, including the University of Rhode Island, which shall provide

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technical support and assistance in the development and maintenance of the system and its

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associated data base.

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      (4) The division of planning shall coordinate and oversee the provision of technical

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assistance to political subdivisions of the state in preparing and implementing plans to accomplish

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the purposes, goals, objectives, policies, and/or standards of applicable elements of the state guide

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plan and shall make available to cities and towns data and guidelines that may be used in

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preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

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elements thereby.

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      (h) [Deleted by P.L. 2011, ch. 215, section 4, and by P.L. 2011, ch. 313, section 4_.

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      (i) The division of planning shall be the principal staff agency of the water resources

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board established pursuant to chapter 46-15 ("Water Resources Board") and the water resources

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board corporate established pursuant to chapter 46-15.1 ("Water Supply Facilities").

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     SECTION 3. This act shall take effect upon passage.

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LC01551/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ADMINISTRATION

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     This act would amend the qualifications of the members to the climate change advisory

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committee.

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     This act would take effect upon passage.

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LC01551/SUB A/2

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