2013 -- S 0672 SUBSTITUTE A

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LC01976/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 REGULATORY REFORM - CITIES AND TOWNS - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT - COASTAL RESOURCES MANAGEMENT

COUNCIL - WETLANDS AND SEPTIC SYSTEM STANDARDS

     Introduced By: Senators Lynch, Paiva Weed, Ruggerio, Nesselbush, and Crowley

     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. Chapter 42-64.13 of the General Laws entitled "Rhode Island Regulatory

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Reform Act" is hereby amended by adding thereto the following section:

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     42-64.13-10. Statewide standards for wetlands and septic disposal. -- (a) The general

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assembly finds and declares:

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     (1) Under section 42-17.1-2, the director of the department of environmental

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management is charged with regulating septic systems, alterations of freshwater wetlands, and

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other activities which may impact waters of the state; under chapter 46-23, the coastal resources

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management council is charged with regulating alteration of freshwater wetlands in the vicinity of

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the coast and other activities that impact coastal resources.

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     (2) The statewide standards established pursuant to these authorities may be inadequate to

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protect the natural resources of our state and need to be reevaluated based on current scientific

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data.

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     (3) Many municipalities have implemented stricter setback and septic disposal standards

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to strengthen protection of critical local environmental resources including groundwater, coastal

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and fresh water wetlands, rivers and streams, and drinking supplies.

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     (4) Dissimilar municipal standards have resulted in a land use system wherein local

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governments manage watersheds and groundwater aquifers using a variety of methods resulting

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in diverse outcomes.

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     (5) The lack of a uniform process tends to burden businesses and property owners that

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require a predictable regulatory environment in order to be successful.

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     (6) Clear, predictable and reliable standards and a regulated process are needed to foster

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a business climate that will grow our economy while ensuring the protection of our natural

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resources.

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      (b) No later than December 31, 2014, the Rhode Island division of planning in

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consultation with the task force established in subsection (c), shall prepare and submit to the

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governor, the senate president and the speaker of the house a report that is based upon current

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science, water resources and wetlands protection needs, and addresses onsite waste water

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treatment system (OWTS) regulation, and watershed planning. The report shall make

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recommendations that ensure the protection of this state’s natural resources while balancing the

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need for economic development and shall:

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     (1) Include an assessment of the adequacy of protection afforded to wetlands and/or

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waters of the state under sections 2-1-18 through 2-1-25, subdivisions 42-17.1-2(2) and (12), and

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section 46-23 of the general laws;

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     (2) Identify gaps in protection for septic disposal and various wetlands; and

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     (3) Recommend statutory and/or regulatory changes that are required to protect wetlands

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statewide, including, that upon the establishment of such standards by the legislature,

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municipalities shall not adopt or enforce any local ordinances or requirements for OWTS or

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wetland buffers and setbacks that exceed or otherwise conflict with such recommended statewide

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standards.

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     (c) The Rhode Island division of planning shall establish a task force and appoint

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members thereto representing a balance of the interests to ensure the protection of this state’s

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natural resources while recognizing the need for economic development, and at a minimum shall

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include:

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     (1) The director of the department of environmental management, or designee;

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     (2) The director of the office of regulatory reform, or designee;

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     (3) The executive director of the coastal resources management council, or designee;

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     (4) One representative each from an environmental entity and a builders’ trade

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association;

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     (5) At least two (2) municipal representatives;

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     (6) At least two (2) representatives from the business community; and

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     (7) At least one civil engineer, or one environmental engineer with experience in OWTS

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and wetlands regulation, and one wetlands biologist.

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     (d) Implementation - The director of the department of environmental management in

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consultation with the director of the office of regulatory reform shall submit to the governor, the

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speaker of the house and the senate president, proposed legislation establishing statewide

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standards identified in the report issued pursuant to subsection (b) no later than January 31, 2015.

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     (e) This section shall not apply to OWTSs maintenance and cesspool phase-outs.

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     SECTION 2. This act shall take effect upon passage.

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LC01976/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO REGULATORY REFORM - CITIES AND TOWNS - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT - COASTAL RESOURCES MANAGEMENT

COUNCIL - WETLANDS AND SEPTIC SYSTEM STANDARDS

***

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     This act would require the Rhode Island division of planning, in consultation with a task

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force representing diverse interests, to prepare and submit to the governor, the senate president

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and the speaker of the house, a report that would make recommendations for state standards that

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addresses onsite waste water treatment system OWTSs regulations, and wetlands and watershed

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planning. This act would not apply to OWTS, maintenance, and cesspool phase-outs.

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     This act would take effect upon passage.

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LC01976/SUB A/2

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