2021 -- H 6251

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LC002622

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT – DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

     Introduced By: Representatives Cortvriend, McGaw, Kislak, Potter, Cassar, Carson,
McEntee, Speakman, and Donovan

     Date Introduced: April 16, 2021

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-17.1-9.1 of the General Laws in Chapter 42-17.1 entitled

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

     42-17.1-9.1. User fees at state beaches, parks, and recreation areas.

     (a) The department of environmental management in pursuance of its administrative duties

and responsibilities may charge a user fee for any state beach, or recreational area under its

jurisdiction, and fees for the use of its services or facilities.

     (b) The fee may be on a daily or annual basis, or both, and may be based on vehicle parking

or other appropriate means. The fees may recognize the contribution of Rhode Island taxpayers to

support the facilities in relation to other users of the state's facilities. The fee structure may

acknowledge the need to provide for all people, regardless of circumstances.

     (c) An additional fee for camping and other special uses may be charged where appropriate.

Rates so charged should be comparable to equivalent commercial facilities.

     (d) All such fees shall be established after a public hearing.

     (e) All daily fees from beach parking, which shall also include fees charged and collected

at Ninigret conservation area and Charlestown breachway, shall be shared with the municipality in

which the facility is located on the basis of seventy-three percent (73%) retained by the state and

twenty-seven percent (27%) remitted to the municipality; provided, further, from July 1, 2016, until

October 1, 2021, the beach fees charged and collected under this subsection shall be equal to those

in effect on June 30, 2011.

     (f) Fifty percent (50%) of all user and concession fees received by the state shall be

deposited as general revenues. For the year beginning July 1, 1979, the proportion of user and

concession fees to be received by the state shall be sixty-five percent (65%); for the year beginning

July 1, 1980, eighty-five percent (85%); and for the year beginning July 1, 1981, and all years

thereafter, one hundred percent (100%). The general revenue monies appropriated are hereby

specifically dedicated to meeting the costs of development, renovation of, and acquisition of state-

owned recreation areas and for regular maintenance, repair and operation of state owned recreation

areas. Purchases of vehicles and equipment and repairs to facilities shall not exceed four hundred

thousand dollars ($400,000) annually. Notwithstanding the provisions of § 37-1-1 or any other

provision of the general laws, the director of the department of environmental management is

hereby authorized to accept any grant, devise, bequest, donation, gift, or assignment of money,

bonds, or other valuable securities for deposit in the same manner as provided above for user and

concession fees retained by the state.

     (g) No fee shall be charged to any school or other nonprofit organization provided that a

representative of the school or other organization gives written notice of the date and time of their

arrival to the facility.

     (h) No fee shall be charged to any person that is eligible for a free or reduced lunch, or to

automobiles transporting a non-driver that is eligible for a free or reduced lunch pursuant to § 16-

8-10 and based on guidelines promulgated by the Rhode Island department of education. The

following shall be proof sufficient that a person is eligible for a free pass:

     (1) SNAP verification;

     (2) RIWorks verification;

     (3) Proof of HeadStart enrollment; or

     (4) A letter from the child’s school verifying eligibility.

     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 waive beach parking fees at any state beach for any person that qualifies

for a free or reduced lunch pursuant to § 16-8-10.

     This act would take effect upon passage.

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LC002622

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