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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- ACT ON COASTS - COASTAL

RESILIENCY

     Introduced By: Representatives Spears, Cortvriend, Kislak, Kazarian, Casimiro, Carson,
Cotter, Speakman, Ajello, and Dawson

     Date Introduced: January 05, 2024

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

hereby amended by adding thereto the following chapter:

CHAPTER 23.4

ACT ON COASTS -- COASTAL RESILIENCY

     46-23.4-1. Short title.

     This chapter shall be known and may be cited as the "Act on Coasts -- Coastal Resiliency".

     46-23.4-2. Rhode Island chief resilience officer (CRO).

     The chief resilience officer (CRO) shall:

     (1) Conduct a comprehensive assessment of the climate risks related to sea level rise for

coastal and riverine communities. The CRO will conduct an assessment of risk to Providence, Kent,

Washington, Bristol and Newport counties for the purposes of the development of a statewide

coastal resilience strategy, building upon and supporting the work of the Rhode Island shoreline

change special area management plan, hazard mitigation plan and the municipal resilience planning

program;

     (2) Develop a coastal resilience plan and draft state policies on resilience and implement

such policies in conjunction with the Rhode Island executive climate change coordinating council

(the “RIEC4”) to improve coordination among state agencies and local jurisdictions to support

community and economic recovery efforts and to address risk and vulnerability reduction from sea

rise, riverine flooding and urban heat. The CRO shall provide the statewide coastal resilience plan

to the governor, the RIEC4 and the general assembly no later than October 1, 2025, to be included

in the state climate plan as outlined in chapter 6.2 of title 42 ("2021 act on climate") which statewide

plan is due December 31, 2025;

     (3) Coordinate resilience efforts across state agencies, municipalities, businesses, and other

organizations and to advise the RIEC4, established pursuant to § 42-6.2-1, on the status and

effectiveness of those efforts;

     (4) Draft state policies on resilience and implement such policies under the direction of the

RIEC4;

     (5) Serve as the primary voice and advocate for state actions on resilience;

     (6) Build upon the planning assistance provided to municipalities by municipal resilience

program (“MRP”) workshops, in coordination with partner agencies;

     (7) Work closely with Rhode Island infrastructure bank (“RIIB”) on the MRP action grants

and the planning and financing of other resilience projects;

     (8) Work with RIIB and coastal resource management council on the implementation of

the ocean state climate adaptation and resilience fund (“OSCAR”) grant program;

     (9) Plan and implement projects to protect and restore the habitat and recreational resources

owned or under the stewardship of department of environmental management;

     (10) Aggressively track and apply for federal grants to fund resilience efforts across Rhode

Island;

     (11) Coordinate resilience efforts with decarbonization programs, activities, and policies

taken in accordance with the chapter 6.2 of title 42 ("2021 act on climate");

     (12) Provide technical assistance to municipalities and the state for the implementation of

resilience planning, including resilience frameworks, vulnerability profiles, risk-reduction plans,

and economic development strategies; and

     (13) Provide biennial reports to the RIEC4, the governor, the speaker of the house of

representatives, and the president of the senate on the state of resilience in Rhode Island, with the

first report to be submitted by December 31, 2025.

     46-23.4-3. Statewide coastal resilience plan.

     (a) The Rhode Island statewide climate change resilience strategy shall include a coastal

resilience plan that recommends a specific long-term and short-term strategy for climate change

resilience and adaptation in the coastal areas of the state including, but not limited to, tidal and non-

tidal waters, waterfronts, and inland areas along the coast.

     (b) The statewide coastal resilience plan shall include at a minimum:

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     (1) All necessary information and assessments required by the Federal Emergency

Management Agency (FEMA) advanced mitigation plans that will allow Rhode Island to apply for

federal funding for coastal resilience preparedness;

     (2) An assessment of the vulnerabilities of communities located within the coastal areas to

climate change effects such as rising sea levels, increased flooding, and tidal and storm surge

flooding anticipated by the year 2050, including physical, economic, and social vulnerabilities

including, but not limited to:

     (i) Power infrastructure;

     (ii) Water and sewage infrastructure including water and sewage treatment facilities and

private wells and septic systems;

     (iii) Stormwater drainage;

     (iv) Existing hard infrastructure such as seawalls, tidal gates, dams, roads and bridges; and

     (v) Emergency and shelter facilities;

     (3) Comprehensive and detailed information of the investments that the state, along with

the federal government, local governments, and other organizations, have made or committed to

make in building the resilience of coastal communities, planning guidance and assistance, and other

resilience and adaptation measures;

     (4) Recommend methodologies for decision-making for further investment of state or

federal funds in constructing additional hard or nature-based resilience structures to prevent or

mitigate impacts of climate change, or in adopting other resilience or adaptation strategies;

     (5) A detailed analysis that includes assessment of highest, immediate and long-term risks

to the coastal regions; and

     (6) A comprehensive list of any recommendations for actions to be taken by the state to

prepare coastal communities to plan, mitigate, and adapt to the anticipated impacts of climate

change including, but not limited to, stormwater drainage, hard infrastructure, nature-based

solutions, relocation and retreat strategies and for financing strategies to fund the recommended

resilience and adaptation measures.

     (c) The statewide coastal resilience plan shall be updated as necessary and shall be

reviewed at least every two (2) years, beginning October 1, 2027, by the CRO.

     SECTION 2. Chapter 42-6.2 of the General Laws entitled "2021 Act on Climate" is hereby

amended by adding thereto the following section:

     42-6.2-4.1. Advisory board on coastal resilience.

     (a) The advisory board on coastal resilience is hereby established. The purpose of this board

is to advise the governor, RIEC4 and the general assembly on coastal risks related to sea level rise.

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     (b) Membership. The advisory board shall have twenty (20) members. Eight (8) members

shall be appointed by the governor; two (2) of whom shall be representatives of city or town

government; two (2) of whom shall be representatives of academic institutions with expertise in

coastal resiliency issues; four (4) of whom shall be representatives of environmental recreational

communities. Six (6) members shall be appointed by the president of the senate, and six (6)

members shall be appointed by the speaker of the house, who shall give due consideration to

appointing persons with expertise in accordance with subsection (e) of this section.

     (c) Term of membership. The members of the advisory board shall be appointed for terms

of three (3) years; provided, however, that, with regard to the initial appointments, six (6) members

shall be appointed for a term of one year; seven (7) members shall be appointed for a term of two

(2) years; and seven (7) members shall be appointed for a term of three (3) years. Members may be

reappointed, and their appointments shall continue until their successors are appointed. The term

of a member representing a city or town shall end when the member no longer holds an elected or

appointed position in the city or town they were representing. A vacancy other than by expiration

shall be filled in the manner of the original appointment, but only for the unexpired portion of the

term

     (d) Compensation. The members of the advisory board shall receive no compensation.

     (e) Representation. The members of the advisory board appointed by the governor, the

speaker of the house, and the president of the senate pursuant to the provisions of this chapter shall,

to the extent possible, be individuals with various expertise in the following areas:

     (1) Flood management and mitigation;

     (2) Infrastructure;

     (3) Land use planning;

     (4) Environmental organization;

     (5) Riverine geology;

     (6) Quonset Point and Providence port issues;

     (7) Coastal resilience;

     (8) Environmental justice;

     (9) Labor industry;

     (10) Building and realtor issues; and

     (11) Finance and insurance field among other areas.

     (f) Appointment of chairperson. The governor shall appoint a chairperson. A vice-

chairperson and a secretary shall be elected annually by the advisory board members. All officers

of the advisory board shall serve until their successors have been duly appointed or elected.

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     (g) Schedule of meetings. The advisory board shall meet at least quarterly and/or at the call

of the chairperson of the RIEC4 council. The chairperson of the RIEC4 council, or designee, shall

be present for all advisory board meetings.

     (h) Role and responsibilities. The advisory board shall have the following purposes and

duties:

     (1) Advise the RIEC4 on all matters including plans, programs, strategies and make

recommendations for adaptation on resilience in urban, coastal and riverine environments, and sea

rise environments;

     (2) Assist the RIEC4 in improving public access to the best available scientific, technical

and other information regarding coastal, riverine, and urban resilience; and

     (3) Serve as a conduit for communicating information from the RIEC4 to communities and

constituencies as well as input from the community level to the RIEC4.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- ACT ON COASTS - COASTAL

RESILIENCY

***

     This act would require the chief resilience officer (CRO) to be charged with the creation,

maintenance and updating of the statewide coastal resilience plan. The act would also create a

statewide climate change coastal resilience plan and establish a twenty (20) member advisory board

on coastal resilience for ocean and riverine coasts.

     This act would take effect upon passage.

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