2014 -- S 2137 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

     Introduced By: Senators Sosnowski, Cool Rumsey, Walaska, Miller, and Kettle

     Date Introduced: January 29, 2014

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-17.1-4 of the General Laws in Chapter 42-17.1 entitled

"Department of Environmental Management" is hereby amended to read as follows:

     42-17.1-4. Divisions within department. -- Within the department of environmental

management there are established the following divisions:

      (1) A division of parks and recreation which that shall carry out those functions of the

department relating to the operation and maintenance of parks and recreation areas and the

establishment and maintenance of such additional recreation areas as may from time to time be

acquired and such other functions and duties as may from time to time be assigned by the

director;

      (2) A division of fish and wildlife which that shall carry out those functions of the

department relating to the administration of hunting, fishing, and shell fisheries; the preservation

of wetlands, marsh lands, and wildlife; and such other functions and duties as may from time to

time be assigned by the director;

      (3) A division of agriculture which that shall carry out those functions of the department

relating to agriculture, and such other functions and duties as may from time to time be assigned

by the director, including, but not limited to, plant industry, farm viability, marketing and

promotion, farmland ecology and protection, plant and animal health and quarantine, pesticides,

mosquito abatement, pest survey and response, food policy and security, and, in collaboration

with the department of health, public health as it relates to farm production and direct marketing

of farm products, and those agreed upon through memorandum of agreement with the department

of health or other state agencies. The department of health shall continue to act as the lead agency

for all public health issues in the state pursuant to chapter 23-1 of title 23. Nothing herein

contained shall limit the department of health's statutory authority, nor shall any provision herein

be construed as a limitation upon the statutory authority of the department of health granted to the

department under title 23 of the general laws, nor shall any provision herein be construed to limit

the authority of the department of environmental management to enter into memoranda of

agreement with any governmental agency. The chief of the division of agriculture shall report

directly to the director.

      (4) A division of coastal resources which that shall carry out those functions of the

department relating to harbors and harbor lines, pilotage, flood control, shore development,

construction of port facilities, and the registration of boats and such other functions and duties as

may, from time to time, be assigned by the director, except that the division shall not be

responsible for the functions of inspection of dams and reservoirs, approving plans for

construction or improvement of dams, reservoirs, and other structures in non-tidal waters, and the

operation of stream-gauging stations in cooperation with the United States Geological Survey,

and provided, further, that the division and its staff shall be responsible through the director of

environmental management, to the coastal resources management council, and the chief and the

staff of the division shall serve as staff to the council;

      (5) A division of planning and development which that shall carry out those functions of

the department relating to planning, programming, acquisition of land, engineering studies, and

such other studies as the director may direct, and which that shall work with the board of

governors for higher education and the board of regents for elementary and secondary education,

with educational institutions at all levels, and with the public in the dissemination of information

and education relating to natural resources, and shall perform the publication and public relations

functions of the department, the functions of inspection of dams and reservoirs, approving plans

for construction or improvement of dams, reservoirs, and other structures in non-tidal waters, and

the operation of stream-gauging stations in cooperation with the United States Geological Survey;

      (6) A division of enforcement which that shall enforce all of the laws and regulations of

the department and the coastal resources management council, which that shall cooperate with the

other enforcement agencies of the state and its municipalities, and which that shall administer all

of the policing, enforcing, licensing, registration, and inspection functions of the department and

such other functions and duties as may, from time to time, be assigned by the director;

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      (7) A division of forest environment which that shall carry out those functions of the

department relating to the administration of forests and natural areas, including programs for

utilization, conservation, forest fire protection, and improvements of these areas; assisting other

agencies and local governments in urban programs relating to trees, forests, green belts, and

environment and such other functions and duties as may, from time to time, be assigned by the

director; and

      (8) (i) A division of boating safety which that shall carry out those functions of the

department relating to the development and administration of a coordinated, safe boating program

in accordance with the Model Safe Boating Act of 1971 as approved by the National Association

of State Boating Law Administrators;.

      (ii) Administration of the division of boating safety shall be the responsibility of the state

boating law administrator whose duties shall include:

      (A) The enforcement of all laws relating to the act; and

      (B) The powers vested in the state boating law administrator and boating safety

enforcement officer shall include the enforcement of laws, rules and regulations relating to

"Regulation of Boats," title 46, chapter 22 of title 46 and shall also include the power to:

      (I) Execute all warrants and search warrants for the violation of laws, rules, and

regulations relating to the act.

      (II) Serve subpoenas issued for the trial of all offenses hereunder.

      (III) To carry firearms or other weapons, concealed or otherwise, in the course of, and in

performance of, their duties under this chapter.

      (IV) To arrest without warrant and on view any person found violating any law, rule, or

regulation relating to the act,; take that person before a court having jurisdiction for trial,; detain

that person in custody at the expense of the state until arraignment; and to make and execute

complaints within any district to the justice or clerk of the court against any person for any of the

offenses enumerated under the act committed within the district.

      (V) Boating safety enforcement officers shall not be required to give surety for costs

upon any complaint made by him or her.

      (iii) The development and administration of a coordinated, safe boating program.

      (iv) The establishment and enforcement of such rules and regulations as are deemed

necessary to achieve the purposes of the Model Safe Boating Act as approved by the state boating

law administrators.

      (v) The state boating law administrator shall serve as the liaison to the United States

Coast Guard.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

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     This act would provide that the chief of the division of agriculture would report directly

to the director of the department of environmental management.

     This act would take effect upon passage.

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