2024 -- S 2299

========

LC004784

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- OLD GROWTH FOREST

PROTECTION ACT

     Introduced By: Senator Mark P. McKenney

     Date Introduced: February 12, 2024

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Statement of legislative purpose.

     The general assembly recognizes that current Rhode Island laws do not provide protection

for forestland apart from existing wetland protection laws, and hereby finds and declares as follows:

     (1) Rhode Island is the only state in New England that has no state-owned forests protected

in their natural state.

     (2) The world is facing a biodiversity crisis where populations of native species are

declining at an alarming rate and many species are facing extinction. Native species in Rhode Island

are at risk of becoming regionally extinct due to habitat destruction.

     (3) Old growth forests are significant ecosystems where native trees, plants, and animals

live.

     (4) There are certain animals, insects, birds, and plants that only live in old growth forests.

     (5) There are native tree species that might not return if an old growth forest is logged.

     (6) A greater diversity of native species live in old growth forests.

     (7) Old growth forests are important carbon sinks which store far more carbon than an

average Rhode Island forest, and, if cut, would release their stored carbon into the atmosphere

contributing to climate change.

     (8) Old growth forests are extremely rare, and once cut, may not come back for a hundred

(100) years or more.

     (9) According to the 2020 forest action plan prepared jointly by the Rhode Island

department of environmental management and the United States forest service, only one percent of

Rhode Island’s forests are over one hundred (100) years old.

     (10) Clearcutting, and other forms of destructive logging, increases the presence and spread

of invasive plants, which can outcompete native plants and harbor ticks.

     (11) Clearcutting causes erosion, destroys biodiversity, and contaminates waterways with

the sediment from the clearcutting operation.

     (12) Numerous native forests on state-owned land that have been logged have not regrown.

     (13) Natural heritage areas on state-owned land have been logged.

     (14) The state approves and regularly carries out clearcut logging of natural forests on state-

owned land.

     (15) Most of the wood logged from state-owned forests is turned into wood chips, mulch,

and firewood, which are short lived products resulting in the stored carbon in the wood being

quickly released into the atmosphere contributing to climate change.

     (16) Clearcutting of forests creates carbon emissions which does not comply with the goals

of the 2021 Act on Climate pursuant to the provisions of § 42-6.2-2.

     (17) Clearcutting and most other types of logging of natural forests increase the occurrence

of a destructive brush fire by promoting dry, flammable logging debris, small trees, and underbrush

including grassy weeds.

     (18) Wildfires were at their lowest point when the state was dominated by old growth

forests due to old growth forests being more resistant to wildfires.

     (19) Wildfires increased in the 19th and early 20th centuries after the primeval old growth

forests were clearcut.

     (20) According to the United States Department of the Interior, nationally, almost nine (9)

out of ten (10) wildfires are caused by humans.

     (21) In 2023, a wildfire in Exeter, which was the largest wildfire in Rhode Island since

1942, started in a clearcut area.

     (22) A portion of the forest that burned in the 2023 Exeter wildfire was logged in a forest

‘thinning’ operation a few years before the fire occurred and had no effect in stopping the wildfire.

     (23) In 2007, the Rhode Island natural heritage program was discontinued.

     (24) Not even one natural area preserve has been designated since the passage of the

Natural Areas Protection Act of 1993, chapter 122 of title 42.

     (25) According to the 2023 report, “Wildlands in New England,” based on research

conducted by Harvard Forest, Highstead Foundation, Northeast Wilderness Trust, and Wildlands,

LC004784 - Page 2 of 31

Woodlands, Farmlands and Communities, Rhode Island is the only state in New England with no

protected wildlands on public land.

     (26) The natural area preserves qualify as wildlands as defined in this chapter.

     (27) It is a matter of public benefit to preserve natural areas and old growth forests on

public land.

     (28) It is a matter of public benefit that old growth forests be untouched and left in their

natural state.

     SECTION 2. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

is hereby amended by adding thereto the following chapter:

CHAPTER 28

OLD GROWTH FOREST PROTECTION ACT

     2-28-1. Definitions.

     As used in the chapter:

      (1) “Buffer area” means an area on land owned by the state or a city or town immediately

adjacent to an old growth forest or natural area preserve that is of sufficient size and configuration

for each old growth forest or natural area preserve to protect the area from ecologically harmful

human activity or alteration.

     (2) “Extractive logging” means the felling or removal of any trees from a forest for any

purpose.

     (3) “Forest” means any area of land at least one acre in size with a concentration of trees

and related vegetation which has the capacity for self-perpetuation.

     (4) “Natural area preserve” means natural area preserve as defined in § 42-122-3.

     (5) “Natural heritage areas” means any areas mapped in the natural heritage database,

developed as an aid in the identification and protection of plant and animal species listed in the

Rhode Island natural heritage data.

     (6) “Old growth forests” means a contiguous forest at least five (5) acres in size that

exhibits at least six (6) of the following characteristics:

     (i) Contains an ecologically significant number of trees over one hundred (100) years old

as of 2024;

     (ii) Shows no evidence of significant human disturbance that originated on the site within

the past one hundred (100) years;

     (iii) An abundance of late successional tree species, with at least a majority of canopy trees

that exceed half their maximum biological age including numerous large diameter trees;

     (iv) A complex structural diversity of old, young, and middle-aged trees at different canopy

LC004784 - Page 3 of 31

levels;

     (v) Large standing dead trees called ‘snags’, live trees with cavities, dead, broken, or

decaying parts or canopy gaps due to natural disturbance;

     (vi) Coarse woody debris along the forest floor consisting of abundant dead wood in

various sizes and stages of decay;

     (vii) An abundance of lichen and moss on trees, decaying logs, and the ground;

     (viii) Presence of balding bark on the older trees;

     (ix) Presence of stag-headed shaped tree crowns among the older trees in the forest;

     (x) Presence of an ecologically significant natural community or diversity of native tree

species; or

     (xi) Has the capacity for self-perpetuation.

     (7) “Rare forest ecosystem” means any contiguous forest over one acre in size that contains

a high level of native biodiversity, old growth forest characteristics, or any characteristics that

makes the forest ecologically distinct as determined by the natural heritage program.

     (8) “Wildlands” means tracts of any size and current condition, permanently protected from

development and extractive logging, in which management is explicitly intended to allow natural

processes to prevail with free will and minimal human interference. Humans have been part of

nature for millennia and can coexist within and with wildlands without intentionally altering their

structure, composition, or function.

     2-28-2. Prohibitions.

     (a) Extractive logging conducted in old growth forests on state-owned land, or any land

owned by the cities and towns of Rhode Island, is strictly prohibited.

     (b) Extractive logging conducted in a natural area preserve as defined in § 42-122-3 is

strictly prohibited.

     2-28-3. Exception for hazard trees and invasive trees.

     (a) Felling of individual trees bordering trails that constitute a safety hazard as determined

by the natural heritage program may be permitted in old growth forests and natural area preserves

on state-owned land, or any land owned by a city or town, subject to the approval of the natural

heritage program, and such trees shall remain in the forest and left where they fell, or a short

distance from the trail to avoid constituting an obstruction or hazard.

     (b) Felling of invasive trees that are non-native to the state and threatening to native

ecosystems as determined by the natural heritage program may be permitted in old growth forests

and natural area preserves on state-owned land, or any land owned by a city or town, subject to the

approval of the natural heritage program.

LC004784 - Page 4 of 31

     2-28-4. Requirements.

     (a)(1) All state and municipal owned forests prior to scheduled extractive logging

operations shall undergo an inventory to determine if the forest meets the criteria to be designated

as an old growth forest, natural heritage area, or rare forest ecosystem, as defined in this chapter

before any extractive logging takes place. The inventory shall be conducted by the natural heritage

program for state-owned land and land owned by the cities and towns. The natural heritage program

must be notified of the extractive logging operation no less than three (3) months in advance. All

documents pertaining to the extractive logging operation shall be turned over to the natural heritage

program at the same time as the initial notice. A report of the inventory prepared by the natural

heritage program with the data collected shall be made easily available to the public at least four

(4) weeks before any extractive logging takes place on state-owned land and land owned by the

cities and towns of Rhode Island. The department of environmental management is required to

publish a press release regarding the details of the extractive logging operation no less than two (2)

weeks prior to the date the extractive logging is scheduled to take place.

     (2) All extractive logging operations on state-owned land are subject to the approval of the

natural heritage program which shall determine whether the extractive logging operation involves

clearcutting or any other ecologically destructive logging practice. A forest ecologist shall be on

site when any extractive logging operation takes place on state-owned land in order to supervise

the logging. An arborist registered with the International Society of Arboriculture shall be on site

when any felling of hazard trees takes place in old growth forests on state-owned land, or any land

owned by the cities and towns of Rhode Island, and in the natural area preserves, in order to

supervise the felling of the hazard tree.

     (3) There shall be a visual record of all extractive logging operations on state-owned land,

as well as felling of hazard trees and invasive trees in old growth forests on state-owned land and

land owned by the cities and towns of Rhode Island, and in the natural area preserves, containing

images and video of the trees intended to be felled and nearby trees before and after the extractive

logging operation and the felling of hazard trees and invasive trees takes place. The visual record

shall be the responsibility of an employee of the natural heritage program.

     (b)(1) Whenever any land is acquired by the state, or any of its cities and towns, an

inventory shall be conducted to determine if the forest meets the criteria to be designated as an old

growth forest, natural heritage area, or rare forest ecosystem, as defined in this chapter. No

extractive logging operations shall be conducted until completion of the inventory pursuant to the

provisions in this section. The inventory shall be conducted by the natural heritage program for

state-owned land and land owned by the cities and towns. The natural heritage program shall be

LC004784 - Page 5 of 31

notified of the land acquisition no less than two (2) months before the land purchase.

     (2) All documents pertaining to the land acquisition shall be turned over to the natural

heritage program at the same time as the initial notice. A report of the inventory prepared by the

natural heritage program with the data collected shall be made easily available to the public for

acquired state-owned land and acquired land owned by the cities and towns of Rhode Island.

     (c) The natural heritage program shall conduct an inventory of the forests on state-owned

land and land owned by the cities and towns to determine the extent and condition of old growth

forest stands and rare forest ecosystems. The preliminary identification of old growth forest stands

and rare forest ecosystems should also include an estimate of necessary buffer areas, including an

explanation of the rationale for the estimated size and shape of such buffer areas.

     (d) All natural heritage areas on state-owned land shall be designated as natural area

preserves as defined in § 42-122-3, which shall take effect upon passage, and shall not require the

approval of the director or comply with the procedure as set forth in § 42-122-6.

     2-28-5. Preservation and protected funding.

     (a) Protecting the remaining areas of old growth forests shall be a priority for the State of

Rhode Island and annual application to the general assembly by the natural heritage program for

appropriations shall be made to carry out the provisions of this chapter.

     (b) Local cities and towns may make applications to the general assembly for

appropriations to preserve old growth forests.

     2-28-6. Penalty for violations.

     (a) Any person, firm or corporation violating the provisions of §§ 2-28-3, 2-28-4, or 2-28-

5, shall be guilt of a felony and shall be subject to a fine of not less than five thousand dollars

($5,000) for each offense, or imprisonment for not less than ten (10) days nor more than ninety (90)

days or both.

     (b) It shall be the duty of the department of attorney general to conduct any prosecution of

violations reported by the director of the natural heritage program under the provisions of chapter

28 of title 2, chapter 122 of title 42, and chapter 166 of title 42.

     SECTION 3. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 166

NATURAL HERITAGE PROGRAM

     42-166-1. Natural heritage program.

     (a) There is hereby established within the executive branch of state government a natural

heritage program.

LC004784 - Page 6 of 31

     (b) The natural heritage program shall consist of a director who shall be appointed by the

governor with the advice and consent of the senate, and support personnel appointed by the director.

The director and employees of this program shall not have been previously employed in any

capacity by the timber industry including advertising, legal, or lobbying.

     (c) The natural heritage program shall have the following powers and duties:

     (1) To find, monitor, and protect native biodiversity, old growth forests, rare forest

ecosystems, and rare and endangered natural species in the State of Rhode Island.

     (2) To inventory old growth forests, rare forest ecosystems, rare and endangered natural

species, and areas with unique native biodiversity before any extractive logging takes place on land

owned by the state, and land owned by its cities and towns.

     (3) To inventory old growth forests, rare forest ecosystems, rare and endangered natural

species, and areas with unique native biodiversity before any extractive logging takes place on

privately owned land only on request from state and municipal agencies, and private landowners.

     (4) To designate the natural area preserves as defined in § 42-122-3.

     (5) To administer the natural area preserves as defined in § 42-122-3 on state-owned land.

     (6) To have final approval of all extractive logging operations as defined in § 2-28-2 on

state-owned land and determine whether the extractive logging operation involves clearcutting or

any other ecologically destructive logging practice.

     (7) To have final approval of all prescribed burning as defined in § 2-12-1 on state-owned

land.

     (8) To have final approval of all felling of hazard trees and invasive trees in old growth

forests on state-owned land, or any land owned by the cities and towns of Rhode Island, and in the

natural area preserves, pursuant to the exceptions in § 2-28-4.

     (9) To maintain the natural heritage database.

     (10) To create a biodiversity protection plan.

     (11) To create a rare and endangered species list.

     (12) To conduct such hearings, examinations, and investigations as may be necessary and

appropriate to the conduct of its operations and the fulfillment of its responsibilities.

     (13) To obtain access to public records and apply for the process of subpoena, if necessary,

to produce books, papers, records, and other data.

     (14) Accept on behalf of the state, gifts, grants, or loans of funds, personal or real property,

or services from any source, public or private, and comply, subject to the provisions of this chapter,

with the terms and conditions thereof.

     (15) Accept, from a federal agency, loans or grants for use in carrying out its purposes and

LC004784 - Page 7 of 31

enter into agreement with the agency respecting any such loans or grants.

     (16) To create forest management plans in coordination with municipalities for the natural

area preserves on land owned by the cities and towns.

     (17) To provide funds to manage the natural area preserves on land owned by the cities and

towns.

     (18) To create forest management plans in coordination with private landowners for the

natural area preserves on land owned by private landowners.

     (d) The director shall have the following powers and duties:

     (1) Administration and direction of the operation of the natural heritage program.

     (2) To designate the natural area preserves pursuant to §§ 42-122-4, 42-122-5, 42-122-6,

and 42-122-7.

     (3) To administer the natural area preserves as defined in § 42-122-3 on state-owned land.

     (4) To inventory old growth forests, rare forest ecosystems, rare and endangered natural

species, and areas with unique native biodiversity before any extractive logging takes place on land

owned by the state, and land owned by its cities and towns.

     (5) To inventory old growth forests, rare forest ecosystems, rare and endangered natural

species, and areas with unique native biodiversity before any extractive logging takes place on

privately owned land only on request from state and municipal agencies, and private landowners.

     (6) To have final approval of all extractive logging operations as defined in § 2-28-2 on

state-owned land and determine whether the extractive logging operation involves clearcutting or

any other ecologically destructive logging practice.

     (7) To have final approval of all prescribed burning as defined in § 2-12-1 on state-owned

land.

     (8) To have final approval of all felling of hazard trees and invasive trees in old growth

forests on state-owned land, or any land owned by the cities and towns of Rhode Island, and in the

natural area preserves, pursuant to the exceptions in § 2-28-4.

     (9) To formulate policies and plans and to adopt regulations necessary to implement

protections for native biodiversity, old growth forests, rare forest ecosystems, and rare and

endangered natural species, and to carry out the provisions of this chapter.

     (10) To formulate policies, plans, and recommendations necessary to make the state’s

forests less susceptible to forest fires and brush fires, and to adopt regulations for lands under their

jurisdiction.

     (11) To formulate policies and plans and to adopt regulations necessary to reduce the

spread of non-aquatic invasive species in Rhode Island and to create a list of invasive species in

LC004784 - Page 8 of 31

Rhode Island.

     (12) To formulate policies and plans and to adopt regulations necessary to combat diseases

and insect infestations affecting Rhode Island’s native trees.

     (13) To maintain the natural heritage database.

     (14) To create a biodiversity protection plan.

     (15) To create a rare and endangered species list.

     (16) To appoint the personnel employed in the natural heritage program.

     (17) To retain by contract or employ counsel, auditors, engineers, appraisers, private

consultants and advisors, or other personnel needed to provide necessary services.

     (18) To create forest management plans in coordination with municipalities for the natural

area preserves on land owned by the cities and towns.

     (19) To provide funds to manage the natural area preserves on land owned by the cities and

towns.

     (20) To create forest management plans in coordination with private landowners for the

natural area preserves on land owned by private landowners.

     (21) To make any studies of conditions, activities, or problems of the state’s natural area

preserves needed to carry out the natural heritage program’s responsibilities.

     (22) To make annual application to the general assembly for appropriations to fund the

natural heritage program.

     (e) The natural heritage program is hereby designated as the lead state agency and initial

and primary point of contact for purposes of native biodiversity, old growth forests, rare forest

ecosystems, and rare and endangered natural species.

     (f) The natural heritage program as set forth in this chapter shall be a separate entity from

the natural heritage preservation program as set forth in chapter 17.5 of title 42. Nothing contained

in chapter 17.5 of title 42 shall be applicable to or restrict the natural heritage program as set forth

in this chapter.

     (g) No powers or duties granted to the department of environmental management in

chapters 1 through 27 of title 2, chapters 1 through 39 of title 20, chapters 1 through 7 of title 32,

or chapters 17.1 through 17.10 of title 42, shall be construed to abrogate the powers or duties

granted to the natural heritage program as set forth in this chapter.

     SECTION 4. Sections 2-12-1, 2-12-2, 2-12-3, 2-12-4, 2-12-5, 2-12-6, 2-12-7, 2-12-8, 2-

12-9, 2-12-10, 2-12-11, 2-12-12, 2-12-13, 2-12-15, 2-12-16, 2-12-17, 2-12-19 and 2-12-21 of the

General Laws in Chapter 2-12 entitled "Forest Fires and Prevention" are hereby amended to read

as follows:

LC004784 - Page 9 of 31

     2-12-1. Definitions.

     For the purposes of this chapter:

     (1) “Authorized representative” means anyone recognized and/or appointed and/or

commissioned by the director of the department of natural resources environmental management

or the director of the natural heritage program to exercise and pursue the laws, rules and regulations

intended by this chapter.

     (2) “Authorized senior officer” means a member of a fire organization who is authorized

by the fire chief to issue burning permits.

     (3) “Boulders” means large rocks that obstruct an entrance to forest land or brush land.

     (4) “Building” means any structure used or intended for supporting or sheltering any use

or occupancy.

     (3)(5) “Director” means the director of the department of environmental management.

     (6) “Director of the natural heritage program” means the director of the natural heritage

program, established under chapter 166 of title 42.

     (7) “Downed trees” means any fallen trees from natural events obstructing a fire trail.

     (8) “Dwelling” means any enclosed space which is wholly or partly used or intended to be

used for living or sleeping by human occupants.

     (9) “Fire breaks” means a permanent or temporary strip of ground cleared to bare soil or

planted with fire-resistant vegetation meant to stop the spread of fire.

     (4)(10) “Fire chief” means the elected, appointed, designated or recognized leader and

member of a fire organization.

     (11) “Fire department access road” means the road or other means developed to allow

access and operational setup for fire-fighting and rescue apparatus.

     (5)(12) “Flammable material” means any substance that will burn, including but not limited

to, refuse, debris, waste forest material, brush, stumps, logs, rubbish, fallen timber, grass, stubble,

leaves, fallow land, slash crops or crop residue.

     (6)(13) “Forest fire” or “Wildland fire” "brush fire" means any fire occurring on forest land

or wildland brush land.

     (7)(14) “Forest land” or “Wildland fire” "brush land" means timbered land, potential timber

producing land, cutover or burned timber land or grass lands not including lands devoted to

agriculture.

     (15) “Occupant” means any person, over one year of age, living, sleeping, cooking, or

eating in, or actually having possession of, a dwelling unit or a rooming unit, and/or structure,

except that in dwelling units a guest will not be considered an occupant.

LC004784 - Page 10 of 31

     (16) “Owner” means any person who, alone or jointly or severally with others:

     (i) Has legal title or tax title (pursuant to §§ 44-9-40 through 44-9-46, inclusive) to any

dwelling, dwelling unit or structure with or without accompanying actual possession thereof; or

     (ii) Has charge, care, or control of any dwelling, dwelling unit or structure as owner or

agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner.

Any person representing the actual owner shall be bound to comply with the provisions of this

chapter and the rules and regulations adopted pursuant thereto to the same extent as if they were

the owner.

     (8)(17) “Person” means any individual, corporation, partnership, association, municipality

or other public body or legal entity or employee or agent of the person.

     (18) “Prescribed burning” means the intended controlled application of fire by the

department of environmental management, fire departments, or any other agency of the state.

     (9)(19) “Senior officer” means a member of a fire organization who would be next in

command during the absence of the fire chief.

     (20) “Underbrush” means shrubs, bushes, or small trees.

     (21) “Wood slash” means any wood debris left on the ground after a logging operation.

     2-12-2. Fire fighting equipment.

     The director of environmental management and the director of the natural heritage program

may purchase any special forest fire equipment and supplies that in their judgment may be

necessary to promptly and quickly extinguish forest fires occurring in the more heavily wooded

areas of the state and brush fires, and the equipment and supplies shall be located in each of the

forest lookout station zones at those places and under any supervision that the director of

environmental management or the director of the natural heritage program may designate. The

equipment and supplies may consist of gas masks, pumps, hose, brooms, shovels, trucks and similar

articles, but the equipment and supplies shall not be purchased until an appropriation is made by

the general assembly.

     2-12-3. Lookout stations and appropriations.

     (a)(1) For the purpose of protecting the forests from fire, the director of environmental

management and the director of the natural heritage program may expend, within the amount

appropriated, a sum sufficient to establish, equip and maintain lookout stations, may purchase or

lease necessary land and purchase material, contract for the construction of lookout stations,

employ a watcher at each station established during those periods in each year that the director of

environmental management or the director of the natural heritage program may deem advisable,

and shall fix the rate per hour for those services. The watchers shall at all times, during their

LC004784 - Page 11 of 31

employment, be subject to the control of the director of environmental management or the director

of the natural heritage program.

     (2) The director of environmental management and the director of the natural heritage

program may cooperate in forest protection and may enter into agreements with other states, groups

of states and the federal government to provide assistance and accept assistance in the control of

fires which may include training of personnel. Any employee of the department of environmental

management assigned to fire control duties or training programs outside this state shall be

considered the same as working inside this state for the purpose of compensation and other

employee benefits.

     (b) The general assembly shall annually appropriate, out of any money in the treasury not

otherwise appropriated, in addition to any other moneys appropriated for this purpose, any sum as

it may deem necessary to be expended under the direction of the department of environmental

management and the director of the natural heritage program for the purpose of providing for

keeping open and operating the forest fire towers in this state throughout twelve (12) months of

each year and the state controller is authorized and directed to draw their orders upon the general

treasurer for the payment of that sum, or so much as may be required from time to time, upon the

receipt by him or her of proper vouchers approved by the director of environmental management,

or the director of the natural heritage program; provided that, authority is given to the director of

environmental management to utilize the services of the personnel assigned to the operation of

forest fire towers for other phases of the forestry, parks and parkways program, whenever, in their

discretion, because of certain seasonal weather conditions, forest fire towers are not required to be

staffed with a full complement of personnel.

     (c) The director of the department of environmental management and the director of the

natural heritage program, depending on the jurisdiction, shall place video cameras at each forest

fire tower which, during periods of the year with a higher risk of forest fire or brush fire activity,

shall provide a live feed of the forest land or brush land around the forest fire towers to the director

of the department of environmental management, or designee or the director of the natural heritage

program, or designee, depending on the jurisdiction, for the purpose of monitoring forest fire and

brush fire activity.

     (d) Annual application to the general assembly by the department of environmental

management and the director of the natural heritage program for appropriations shall be made to

carry out the provisions of this section.

     2-12-4. Conferences of fire chiefs and senior officers.

     The director of environmental management and the director of the natural heritage program

LC004784 - Page 12 of 31

may, from time to time, call together the city or town and district fire chiefs and senior officers of

the several cities and towns at places as he or she may designate, for conference and for instruction

in methods of forest fire suppression. Fire chiefs and senior officers attending those conferences or

meetings for instruction may be allowed their actual expenses incurred for attending not exceeding

two (2) conferences or meetings during any one calendar year and those expenses shall be paid

from the appropriation provided for by § 2-11-11 upon vouchers approved by the director of

environmental management or the director of the natural heritage program.

     2-12-5. Rules and regulations.

     (a) The director of the department of environmental management or the director of the

natural heritage program may make any rules and regulations, not inconsistent with law, that in his

or her their judgment may be helpful in carrying out the provisions of this chapter and of preventing

and suppressing forest fires and brush fires.

     (b) The director of the natural heritage program may make any rules and regulations, not

inconsistent with law, that in their judgment may be helpful in carrying out the provisions of this

chapter and of preventing and suppressing forest fires and brush fires in old growth forests and

natural area preserves.

     2-12-6. Restrictions on open air fires.

     Except as otherwise provided in this chapter, no person shall burn any flammable material

on or adjacent to forest land without a written permit from the director of the department of

environmental management or, their authorized representative, on forms prepared and under rules

and regulations approved by the director, provided whoever sets or maintains a permit fire shall

totally extinguish the permit fire before leaving it and the director, or their authorized

representative, may cancel or suspend any or all permits, if, in their opinion, public necessity

requires it. Any person doing any burning on or adjacent to forest land prior to burning operations,

and at all times during the continuance of these operations, shall do that work in and around the

area in which the burning is done as may be required by the director by rules and regulations

promulgated under the authority granted in § 2-12-5. Whoever violates the provisions of this section

shall, upon conviction, be liable to a fine not exceeding one hundred dollars ($100) five thousand

dollars ($5,000) nor less than ten dollars ($10.00) three thousand dollars ($3,000) or to

imprisonment not exceeding thirty (30) ninety (90) days nor less than ten (10) days or both.

     2-12-7. Exemption of attended fires.

     The provisions of § 2-12-6 do not apply to fires set or maintained in accordance with

regulations approved by the director of the department of environmental management or their duly

authorized representative, regulations approved by the director of the natural heritage program,

LC004784 - Page 13 of 31

pursuant to chapter 35 of title 42 ("Administrative Procedures") , or to any act that may be done

under authority given to any incorporated fire district or under the supervision of a fire chief or

senior officer in which case the person requesting supervision shall pay for the actual time required

for the supervision, to the city or town fire chief or senior officer, the prevailing rate per hour

customarily paid to supervisory employees on construction work in the area or to burning in

attended incinerators, fireplaces or rubbish burners, provided that time of burning and location of

the incinerator, fireplace or rubbish burner is such that fires from any incinerator, fireplace or

rubbish burner will not endanger any forest and pasture, brush, sprout, waste or cutover woodland

or buildings. The provisions of § 2-12-6 shall not apply to fire chiefs and senior officers, the director

of environmental management or any member of the department of environmental management

authorized by him or her, when engaged in the discharge of their duties under this chapter, or to

any incorporated volunteer fire company authorized in writing by the director of environmental

management while engaged in prevention prescribed burning except in old growth forests as

defined in § 2-28-2 and natural area preserves as defined in § 42-122-3. Whoever sets or maintains

any attended fire shall totally extinguish the attended fire before leaving it and failure to do so shall

make the person, upon conviction, liable to a fine not exceeding one hundred dollars ($100) five

thousand dollars ($5,000) or less than ten dollars ($10.00) three thousand dollars ($3,000) or to

imprisonment not exceeding thirty (30) ninety (90) days nor less than ten (10) days or both, and

further they shall be liable in a civil action for the payment to the state or fire company for the

expenses incurred by the fire chief or senior officer or any other authorized forest fire official in

attending or suppressing fire or fires as result from that burning.

     2-12-8. Enforcement.

     (a) The director of environmental management or any employee of the department

authorized by him or her has the powers and is subject to the duties and obligations specified in

chapter 7 of title 12 in dealing with any violations of the provisions of chapters 9, 10, 11, 12 and

15 of title 2.

     (b) The director of the natural heritage program or any employee of the natural heritage

program authorized by the director has the powers and is subject to the duties and obligations

specified in chapter 7 of title 12, and in dealing with any violations of the provisions of chapters 11

and 12 of title 2.

     2-12-9. Causing of fires.

     (a) A person shall not:

     (1) Dispose of a lighted match, cigarette, cigar, ashes or other flaming or glowing substance

or any other substance or thing that is likely to ignite a forest, brush, grass or woods fire, or throw

LC004784 - Page 14 of 31

or drop from a moving vehicle any of those objects or substances;

     (2) Set a backfire or cause a backfire to be set, except under the direct supervision of an

established fire control agency or unless it can be established that the setting of the backfire is

necessary for the purpose of saving life or valuable property;

     (3) Destroy, break down, mutilate or remove any fire control sign or poster erected by an

established fire control agency in the administration of its lawful duties and authorities;

     (4) Use or operate on or adjacent to forest land, a welding torch, tar pot, or other device

which may cause a fire, without clearing flammable material surrounding the operation or without

taking other precautions prescribed by the director to insure against the starting and spreading of

fire;

     (5) Operate or cause to be operated any engine, other machinery or powered vehicle not

equipped with spark arresters, or other suitable devices to prevent the escape of fire or sparks; or

     (6) Discharge or cause to be discharged a gun firing incendiary or tracer bullets or tracer

charge on to or across any forest land.

     (b) Any person who violates the provisions of this section shall, upon conviction, be

punished by a fine not exceeding one hundred dollars ($100) five thousand dollars ($5,000) nor

less than twenty-five dollars ($25.00) three thousand dollars ($3,000) for each offense or to

imprisonment not exceeding thirty (30) days, nor less than ten (10) days, or both .

     2-12-10. Fire upon land of another — Penalty — Liability for damages.

     (a) Any person being upon the land of another, or upon any highway adjacent to this land,

who carelessly sets or maintains, or causes to be set or maintained, fire upon the land of another,

shall, upon conviction, be punished by a fine of not less than twenty-five dollars ($25.00) three

thousand dollars ($3,000) nor more than two hundred dollars ($200) five thousand dollars ($5,000)

or by imprisonment for not less than ten (10) days nor more than thirty (30) ninety (90) days, or

both.

     (b) Any person being upon the land of another or upon any highway adjacent to this land,

who willfully sets or maintains or willfully causes to be set or maintained fire upon land of another,

shall, upon conviction, be punished by a fine of not more than two thousand dollars ($2,000) ten

thousand dollars ($10,000) nor less than twenty-five dollars ($25.00) five thousand dollars ($5,000)

or by imprisonment for not more than five (5) years nor less than thirty (30) ninety (90) days, or

both.

     (c) Any person who carelessly suffers or permits any fire on their own land to extend

beyond the limits of their own land, whereby the forest land or property of another are damaged

shall upon conviction be punished by a fine of not more than two hundred dollars ($200) five

LC004784 - Page 15 of 31

thousand dollars ($5,000) nor less than twenty-five dollars ($25.00) three thousand dollars

($3,000).

     (d) Any person convicted of the provisions of this section and of § 2-12-6 is liable for all

damages caused and to civil action for the payment to the state or local fire company for all

expenses incurred by the fire chief or senior officer or any other authorized forest fire official in

attending or suppressing the fire or fires as a result from that action.

     2-12-11. Fire fighting by fire chiefs and senior officers — Summons of assistance.

     If a fire occurs in woodland, the fire chief, and the senior officer of the district in which the

fire occurs, shall immediately take any measures that may be necessary, including backfiring and

plowing, to control or extinguish the fire, and shall investigate the causes of fire, the person or

persons responsible if the fire was human caused and report the causes to the director of

environmental management or the director of the natural heritage program. Any fire chief or senior

officer has the authority to summon any use of bulldozers, trucks, and other property adapted to the

purpose. Any person who refuses or neglects to assist or to allow the use of the bulldozers, trucks

or other property required, is liable to a fine of not more than one hundred dollars ($100) five

hundred dollars ($500). All active members of an organized fire department shall be called as a

unit only, the unit coming under the authority of the officer in charge of the fire department. The

fire chief or senior officer in charge of a fire shall keep an account of the time of all persons assisting

him or her, and a schedule of all property used.

     2-12-12. Posting of statutory provisions.

     (a) Notices containing a statement of §§ 2-12-6, 2-12-8, 2-12-10 — 2-12-12, and § 2-12-

19, furnished by the director of the department of environmental management, shall be posted in

suitable places by the fire chief.

     (b) Notices containing a statement of §§ 2-12-8, 2-12-12, and 2-12-19, furnished by the

director of the natural heritage program, shall be posted in suitable places by the fire chief.

     2-12-13. Proclamation of hazardous conditions — Closing of forests.

     (a) Whenever in their opinion an unusual forest fire hazard exists, the director of

environmental management shall notify the governor, who has the authority to forbid by

proclamation, any person or persons entering forests, woodlands or open lands in any parts of the

state that he or she deems the public interest requires, and may by that proclamation suspend any

woods operations and open season for taking fish, birds and quadrupeds. Whenever in the director’s

opinion an unusual forest fire hazard exists, the director of the natural heritage program shall notify

the governor, who has the authority to forbid by proclamation, any person or persons entering old

growth forests or natural area preserves in any parts of the state that the governor deems the public

LC004784 - Page 16 of 31

interest requires. The proclamation shall be in full force and effect immediately after notice is given

in the manner the governor may determine, and shall remain in force until rescinded by the

governor. This does not prevent entry into forest or woodland areas by forest fire suppression

agents, law enforcement agents, legal residents of those areas or persons engaged in pursuits

necessary to the public health and welfare or, by any agency or person authorized by the state

director of environmental management or the director of the natural heritage program.

     (b) Any authorized representative or representatives of the director of environmental

management, any authorized representative or representatives of the director of the natural heritage

program, as well as state and local police authorities, shall enforce the provisions of the

proclamation. Any person or persons violating any of the provisions of this section shall be liable

to a fine of not more than fifty dollars ($50.00) five hundred dollars ($500) or imprisonment for

not more than ten (10) days.

     2-12-15. Emergency powers of director.

     Whenever, in their opinion, an unusual forest fire hazard exists, the governor shall in

writing, notify the director of environmental management, and shall likewise notify the director

when in their opinion the hazard has ceased to exist. Between the dates of the receipt by him or her

of the notices, the director has full charge of the hazard and all fire chiefs and senior officers shall

obey their orders or those of their authorized representatives; and he and or she and their authorized

representatives shall have all the powers of fire chiefs and senior officers and the director of the

department of environmental management may establish rates of payment for equipment used in

the prevention and suppression of forest fires and brush fires, except in old growth forests as defined

in § 2-28-2 and natural area preserves as defined in § 42-122-3 which are the responsibility of the

director of the natural heritage program. Any time during this period of unusual forest fire hazard,

the director may prohibit, by a written directive filed with the secretary of state and by public

announcement, all open air fires and any other activity conducted in the open air that creates a

forest or wildland brush land fire hazard, in any areas of the state that he or she deems necessary to

protect the health and property of the people of the state. Any person, firm or corporation who

violates a directive, upon conviction, shall be liable to a fine not exceeding three hundred dollars

($300) five thousand dollars ($5,000) nor less than fifty dollars ($50.00) three thousand dollars

($3,000) or not exceeding ninety (90) days nor less than thirty (30) days’ imprisonment or both for

each offense and each day shall be considered a separate offense.

     2-12-16. Compensation of emergency fire fighters.

     Between the dates the state shall, upon vouchers approved by the director of environmental

management and out of the appropriation provided for by § 2-11-11, pay fully, at the rate of the

LC004784 - Page 17 of 31

existing minimum wage per hour as set by the minimum wage law, all persons not resident of the

city or town or fire district where they are employed by the director in fighting a forest fire. Between

the dates the state shall, upon vouchers approved by the director of environmental management or

the director of the natural heritage program and out of the appropriation provided for by § 2-11-11,

and pay, at a rate prescribed by the director of environmental management or the director of the

natural heritage program for all equipment and supplies coming from outside the city or town or

fire district where they are to be used and authorized by the director in fighting forest fires but all

other expenses shall be paid as provided in § 2-11-6. The expense of the authorized representatives

of the director of environmental management and the director of the natural heritage program shall

be paid out of the appropriation authorized by § 2-11-11.

     2-12-17. Right of fire fighters and officials to enter land.

     No action of trespass shall lie against any person crossing or working upon the land of

another to extinguish fire or to the director of environmental management or the director of the

natural heritage program or their representatives from crossing or working upon lands of another

to investigate fire.

     2-12-19. Enforcement and prosecutions.

     (a) It is the duty of the director of the department of environmental management or their

duly authorized representative to enforce the provisions of this chapter and chapter 11 of this title,

except the provisions enforced by the natural heritage program as set forth in this chapter, and to

prosecute any person, firm or corporation who, in their opinion, is guilty of the violation of any of

the provisions of this chapter and in all prosecutions the director or their authorized representative

is not required to enter into any recognizance or to give surety for costs. It is the duty of the attorney

general to conduct the prosecution brought by the director under the provisions of this chapter and

chapter 11 of this title.

     (b) It is the duty of the director of the natural heritage program or the director’s duly

authorized representative to enforce the provisions of this chapter and chapter 11 of this title, except

for the provisions enforced by the director of the department of environmental management, as set

forth in this chapter, and to prosecute any person, firm or corporation who, in their opinion, is guilty

of the violation of any of the provisions of this chapter and in all prosecutions the director of the

natural heritage program or their authorized representative is not required to enter into any

recognizance or to give surety for costs. It shall be the duty of the attorney general to conduct the

prosecution of any violation brought by the director of the natural heritage program under the

provisions of this chapter and chapter 11 of this title.

     2-12-21. Collection of fire suppression charges.

LC004784 - Page 18 of 31

     (a) In lieu of any civil action that may be brought for the payment to the state or fire

company for expenses incurred by a fire chief or senior officer, or authorized forest fire official in

attending and suppressing a forest fire, the director of the department of environmental

management, or their authorized representative, the director of the natural heritage program or their

duly authorized representative or the fire company jurisdiction or fire district in which the fire

occurs, may submit to and collect from the person, firm, corporation or public agency causing the

fire all charges for forest fire suppression costs. In the event those charges are submitted by a fire

company or fire district to collect for suppression costs to any person, firm, corporation or public

agency causing the fire, no payment shall be made by the state to the fire company or fire district

as provided in §§ 2-11-6, 2-12-6 and 2-12-16. Within seven (7) days after the date of the fire, any

fire chief of a fire company or fire district affected shall notify the director of the department of

environmental management and the director of the natural heritage program of their intention to

submit suppression charges to any person, firm or corporation.

     (b) All suppression charges recovered by the department of environmental management

shall be turned over to the general treasurer for the use of the state and a proper record shall be

made of these suppression charges recovered.

     SECTION 5. Chapter 2-12 of the General Laws entitled "Forest Fires and Prevention" is

hereby amended by adding thereto the following sections:

     2-12-22. Restrictions on open air fires in old growth forests and natural area

preserves.

     (a) No person shall burn any flammable material on or adjacent to old growth forests on

state-owned land, and land owned by the cities and towns, as defined in § 2-28-2.

     (b) Old growth forests are more resistant to wildfires containing less flammable underbrush

and wood slash, having less overcrowded trees, and mitigating wind and containing a wetter, cooler

forest floor due to the massive tree canopy. To ensure the preservation of these natural fire

suppressors, old growth forests shall be protected in their natural state.

     (c) No person shall burn any flammable material on or adjacent to a natural area preserve

as defined in § 42-122-3.

     (d) Any person who violates the provisions of this section shall, upon conviction, be

punished by a fine not exceeding five thousand dollars ($5,000) nor less than three thousand dollars

($3,000) for each offense or to imprisonment not exceeding ninety (90) days nor less than ten (10)

days or both.

     2-12-23. Prescribed burning.

     All prescribed burning on state-owned land is subject to the approval of the natural heritage

LC004784 - Page 19 of 31

program which shall determine whether the prescribed burning is necessary and safe based on the

research from the United States Forest Service Fire Science Research Laboratory in Missoula,

Montana, and the state’s land history according to the ecologists in the natural heritage program.

The natural heritage program shall be notified of the prescribed burning operation no less than three

(3) months in advance. All documents pertaining to the prescribed burning operation shall be turned

over to the natural heritage program at the same time as the initial notice.

     2-12-24. Fire department access roads.

     (a) The department of transportation shall monitor the infrastructure of fire department

access roads, and, in coordination with the department of environmental management, shall

maintain the fire department access roads, to ensure they are safe and can support vehicles and

equipment used by fire departments.

     (b) Annual application to the general assembly by the department of transportation and the

department of environmental management for appropriations shall be made to carry out the

provisions of this section.

     2-12-25. Removal of wood slash, underbrush, and downed trees from existing fire

breaks.

     (a) The department of environmental management shall be required to regularly remove all

wood slash and underbrush except fire-resistant vegetation growing in existing fire breaks for brush

fire prevention, as well as remove any downed trees in fire breaks obstructing vehicle access to the

fire breaks.

     (b) Annual application to the general assembly by the department of environmental

management for appropriations shall be made to carry out the provisions of this section.

     2-12-26. Fire-resistant state-owned buildings in areas near forest land or brush land.

     Efforts shall be made by the state in future construction of state-owned buildings near forest

land or brush land to make the structures fire-resistant by constructing the buildings using fire

resistant materials.

     2-12-27. Fire-resistant perimeter around state-owned and municipal owned buildings.

     (a) To prevent fires from reaching state-owned and municipal owned buildings near forest

land or brush land, the state agency or municipal agency responsible for a state-owned or municipal-

owned building near forest land or brush land shall create a fire-resistant perimeter around the

building. State agencies and municipal agencies shall:

     (1) Clear leaves and other debris from gutters, eaves, porches and decks in order to prevent

embers from igniting the building.

     (2) Remove dead vegetation and other items from under the deck or porch of the building,

LC004784 - Page 20 of 31

and within ten feet (10') of the building.

     (3) Screen or box-in areas below patios and decks with wire mesh to prevent debris and

combustible materials from accumulating.

     (4) Remove flammable materials including firewood stacks and propane tanks within thirty

feet (30') of the building’s foundation and outbuildings, including garages and sheds.

     (5) Keep the lawn hydrated and maintained. If it is brown, cut it down to reduce fire

intensity as dry grass and shrubs are fuel for wildfire.

     (6) Dispose of debris and lawn cuttings to reduce fuel for fire.

     (7) Inspect shingles or roof tiles, and replace or repair those that are loose or missing to

prevent ember penetration. When appropriate, replace the old roof with a roof constructed of

fireproof materials.

     (8) Cover exterior attic vents with metal wire mesh no larger than one-eighth inch (1/8")

to prevent sparks from entering the building.

     (9) Enclose under-eave and soffit vents or screens with metal mesh to prevent ember entry.

     (b) Annual application to the general assembly by state agencies and municipal agencies

for appropriations shall be made to carry out the provisions of this section.

     2-12-28. Assistance from the department of environmental management to owners

and occupants to create a fire-resistant perimeter around their dwelling.

     (a) To prevent fires from reaching private homes and other buildings near forest land or

brush land, the department of environmental management shall assist owners and occupants, upon

request, to create a fire-resistant perimeter around their dwelling by recommending the following:

     (1) Clear leaves and other debris from gutters, eaves, porches and decks, in order to prevent

embers from igniting the building.

     (2) Remove dead vegetation and other items from under the deck or porch of the building,

and within ten feet (10') of the building.

     (3) Screen or box-in areas below patios and decks with wire mesh to prevent debris and

combustible materials from accumulating.

     (4) Remove flammable materials including firewood stacks and propane tanks within thirty

feet (30') of the building’s foundation and outbuildings, including garages and sheds.

     (5) Keep the lawn hydrated and maintained. If it is brown, cut it down to reduce fire

intensity, as dry grass and shrubs are fuel for wildfire.

     (6) Dispose of debris and lawn cuttings to reduce fuel for fire.

     (7) Inspect shingles or roof tiles, and replace or repair those that are loose or missing to

prevent ember penetration. When appropriate, replace the old roof with a roof constructed of

LC004784 - Page 21 of 31

fireproof materials.

     (8) Cover exterior attic vents with metal wire mesh no larger than one-eighth inch (1/8")

to prevent sparks from entering the building.

     (9) Enclose under-eave and soffit vents or screens with metal mesh to prevent ember entry.

     (b) Annual application to the general assembly by the department of environmental

management for appropriations shall be made to carry out the provisions of this section.

     2-12-29. Prohibition on boulders blocking access areas to forest land and brush land

on state-owned land, municipal owned land, and private conservation land.

     In access areas to forest land and brush land on state-owned land, municipal-owned land,

and private conservation land which are blocked by boulders, the department of environmental

management shall remove all boulders obstructing access and replace the boulders with a gate. This

removal is to ensure that obstructing boulders do not constitute an obstacle for fire fighters from

reaching a forest fire or brush fire.

     SECTION 6. Sections 2-11-1, 2-11-2, 2-11-4, 2-11-5, 2-11-7 and 2-11-11 of the General

Laws in Chapter 2-11 entitled "Forest Fire Personnel" are hereby amended to read as follows:

     2-11-1. Definitions.

     For the purpose of this chapter:

     (1) “Authorized representative” means anyone recognized and/or appointed and/or

commissioned by the director of the department of environmental management or the director of

the natural heritage program to exercise and pursue the laws, rules and regulations intended by this

chapter.

     (2) “Authorized senior officer” means a member of a fire organization who is authorized

by the fire chief to issue burning permits.

     (3) “Director” means the director of the department of environmental management.

     (4) “Director of the natural heritage program” means the director of the natural heritage

program established pursuant to 42-166-1.

     (4)(5) “Fire chief” means the elected, appointed, designated or recognized leader and

member of a fire organization.

     (5)(6) “Flammable material” means any substance that will burn, including, but not limited

to, refuse, debris, waste, forest material, brush, stumps, logs, rubbish, fallen timber, grass, stubble,

leaves, fallow land, slash crops or crop residue.

     (6)(7) “Forest fire” or “Wildland fire” "brush fire" means any fire occurring on forest land

or wildland brush land.

     (7)(8) “Forest land” or “Wildland fire” "brush land" means timbered land, potential timber

LC004784 - Page 22 of 31

producing land, cutover or burned timber land or grass lands not including lands devoted to

agriculture.

     (8)(9) “Person” means any individual, corporation, partnership, association, municipality,

other public body, legal entity, employee or agent of the person.

     (9)(10) “Senior officer” means a member of a fire organization who would be next in

command during the absence of the fire chief.

     2-11-2. Designation of fire chief, senior officer, and forest fire district.

     The local chief shall be elected, appointed, or designated by the procedure established and

within the framework spelled out in the fire company or fire district, city or town charter, by-laws,

constitution, or any other existing format for appointment of a fire chief. The fire chief’s term of

office is recognized as that which is spelled out in the fire company or fire district, city or town

charter, by-laws, constitution, or any other existing format for such term of appointment. The fire

chief elected, appointed, or designated shall forthwith notify the director of the department of

environmental management and the director of the natural heritage program of the election,

appointment, or designation and shall further notify the director of their specific forest fire district

and jurisdiction. The director of the department of environmental management and the director of

the natural heritage program may then enter into agreements with each fire chief and fire company

to provide assistance and to accept assistance in the prevention and control of forest fires and brush

fires and enforcement of forest fire laws that may include training of personnel. It is the

responsibility of the city or town council to appoint a qualified resident to forest fire chief and to

designate a forest fire company for any portion of the city or town not protected by an existing fire

chief and fire company. If the city or town council of any city or town shall fail to appoint a fire

chief as required by this section, the director of the department of environmental management shall

appoint some qualified resident of the city or town to act as fire chief until an appointment shall be

made by the city or town council as provided in this section. In any fire company or fire district,

the fire chief shall establish and define their forest fire district and jurisdiction and shall designate

a qualified resident of each district to serve as authorized senior officer. Any designated senior

officer shall serve at the pleasure of the fire chief by whom he or she was designated. A fire chief

shall notify the director of the department of environmental management of each authorized senior

officer designated by him or her, and of each removal from designation by him or her, forthwith

upon the designation or removal.

     2-11-4. Patrols during drought.

     During a period of drought, the local fire chief or senior officer in the fire company may

require and request their fire personnel to patrol their districts, provided approval for the patrolling

LC004784 - Page 23 of 31

is first obtained from the director of the department of environmental management or the director

of the natural heritage program, depending on the jurisdiction and the expenses for the patrolling

are paid at the same rate and in the same way as for fighting fires.

     2-11-5. Reports of fires.

     Within two (2) weeks after any forest fire, the local fire chief of the local fire district in

which the fire occurs shall mail a report of the fire to the director of the department of environmental

management and the director of the natural heritage program using the printed form furnished for

that purpose. In case any local fire chief fails to make the report as required by this section, or the

local fire chief fails to transmit a copy of the itemized account as provided in § 2-11-6, the fire

department or fire district shall not receive from the state the payment due under § 2-11-6 for

extinguishing the fire.

     2-11-7. Incidental expenses.

     The clerical work, posters, signs, printed matter and other supplies furnished by the director

of the department of environmental management and the director of the natural heritage program

under this chapter and chapter 12 of this title, may be paid for out of the appropriation made as

prescribed in § 2-11-11; provided, that any fire company, district, or any city or town may pay for

any additional service for the prevention or extinguishment of forest fires and brush fires that the

fire company, district, or city or town council may authorize.

     2-11-11. State appropriations.

     The general assembly shall annually appropriate any sums that it may deem necessary in

carrying out the provisions of this chapter and chapter 12 of this title and the state controller is

authorized and directed to draw their orders upon the general treasurer for the payment of the sums

appropriated, or so much of the sums as may be required, upon receipt by him or her of proper

vouchers approved by the director of environmental management and the director of the natural

heritage program.

     SECTION 7. Sections 42-6.2-1, 42-6.2-2 and 42-6.2-3 of the General Laws in Chapter 42-

6.2 entitled "2021 Act on Climate" are hereby amended to read as follows:

     42-6.2-1. Climate change coordinating council — Creation — Members.

     There is hereby established within the executive branch of state government a Rhode Island

executive climate change coordinating council (the “council”) comprised of officials from state

agencies with responsibility and oversight relating to assessing, integrating, and coordinating

climate change efforts. The council shall include, but not be limited to, the following members: the

director of the department of environmental management; the executive director of the coastal

resources management council; the director of the department of administration; the director of the

LC004784 - Page 24 of 31

department of transportation; the director of the department of health; the director of the emergency

management agency; the commissioner of the office of energy resources; the director of the

division of planning; the executive director of the Rhode Island infrastructure bank; the

administrator of the division of public utilities and carriers; the chief executive officer of the Rhode

Island public transit authority; the secretary of the executive office of health and human services;

and the secretary of the Rhode Island commerce corporation and the director of the natural heritage

program.

     42-6.2-2. Purpose of the council.

     (a) The council shall have the following duties:

     (1) Assess, integrate, and coordinate climate change efforts throughout state agencies to

reduce emissions, strengthen the resilience of communities and infrastructure, and prepare for the

effects on climate change, including, but not limited to, coordinating vulnerability assessments

throughout state government;

     (2)(i) No later than December 31, 2025, and every five (5) years thereafter, submit to the

governor and general assembly an updated plan, following an opportunity for public comment, that

includes strategies, programs, and actions to meet economy-wide enforceable targets for

greenhouse gas emissions reductions as follows:

     (A) Ten percent (10%) below 1990 levels by 2020;

     (B) Forty-five percent (45%) below 1990 levels by 2030;

     (C) Eighty percent (80%) below 1990 levels by 2040;

     (D) Net-zero emissions by 2050.

     No action shall be brought pursuant to: subsection (a)(2)(i)(B) of this section before 2031,

pursuant to subsection (a)(2)(i)(C) of this section before 2041, and pursuant to subsection

(a)(2)(i)(D) of this section before 2051.

     (ii) The plan shall also include procedures and public metrics for periodic measurement,

not less frequently than once every five (5) years, of progress necessary to meet these targets and

for evaluating the possibility of meeting higher targets through cost-effective measures.

     (iii) The plan shall address in writing the annual input that is provided to the council by its

advisory board, as set forth in § 42-6.2-4, and its science and technical advisory board, as set forth

in § 42-6.2-5, in their reports to the council.

     (iv) If a plan directs an agency to promulgate regulations, then the agency must do so by

either issuing an advance notice of proposed rulemaking, as set forth in § 42-35-2.5, no later than

six (6) months after the plan is released or by issuing a notice of proposed rulemaking, as set forth

in § 42-35-2.7, no later than one year after the plan is released, unless the plan specifies another

LC004784 - Page 25 of 31

timeframe for an advance notice of rulemaking or a notice of rulemaking.

     (v) The plan shall include an equitable transition to climate compliance for environmental

justice populations, redress past environmental and public health inequities, and include a process

where the interests of and people from populations most vulnerable to the effects of climate change

and at risk of pollution, displacement, energy burden, and cost influence such plan.

     (vi) The plan shall identify support for workers during this equitable transition to address

inequity in the state by creating quality and family-sustaining clean energy jobs that pay wages and

benefits consistent with or that exceed area wage and labor standards. The plan shall provide for

the development of programs that directly recruit, train, and retain those underrepresented in the

workforce, including women, people of color, indigenous people, veterans, formerly incarcerated

people, and people living with disabilities.

     (vii) The plan shall include strategies, programs, and actions, to reduce deforestation,

transition away from ecologically destructive logging practices such as clearcutting that results in

deforestation and the release of carbon emissions, and protect forests in their natural state in order

to allow them to develop into old growth forests to have maximum carbon storage.

     (vii)(viii) The requirements under this subsection shall be subject to the enforcement

provisions of § 42-6.2-10 effective in 2026.

     (viii)(ix) No later than December 31, 2022, the council shall submit to the governor and

the general assembly an update to the greenhouse gas emission’s reduction plan dated “December

2016” which shall not be subject to the requirements of subsections (a)(2)(ii) through (a)(2)(vi) of

this section. No action shall be brought pursuant to subsection (a)(2)(viii) of this section before

2023;

     (3) Advance the state’s understanding of the effects on climate change including, but not

limited to: sea level rise; coastal and shoreline changes; severe weather events; critical

infrastructure vulnerability; food security; and ecosystem, economic, and health impacts, including

the effects of carbon pollution on children’s health;

     (4) Identify strategies to prepare for these effects and communicate them to Rhode

Islanders, including strategies that incentivize businesses, institutions, and industry to adapt to

climate change;

     (5) Work with municipalities to support the development of sustainable and resilient

communities;

     (6) Identify and leverage federal, state, and private funding opportunities for emission

reduction and climate change preparedness and adaption work in Rhode Island;

     (7) Advise the governor, the general assembly, and the public on ways to ensure that Rhode

LC004784 - Page 26 of 31

Island continues to be a national leader in developing and implementing strategies that effectively

address the challenges on climate change;

     (8) Work with other New England states to explore areas of mutual interest to achieve

common goals; and

     (9) Identify and facilitate opportunities to educate the public about climate change and

efforts throughout state agencies and municipalities to address climate change.

     (b) The council is encouraged to utilize the expertise of Rhode Island universities and

colleges in carrying out the duties described in subsection (a) of this section, specifically to ensure

that the state’s efforts to mitigate and adapt to climate change are based on the best available

scientific and technical information, and to optimize the contribution by the universities and

colleges of their expertise and experience in research, analysis, modeling, mapping, applications to

on-the-ground situations, technical assistance, community outreach, and public education.

     42-6.2-3. Support for the council.

     To support the council’s work, state agencies shall:

     (1) Assist the council in implementing the provisions of this chapter;

     (2) Develop short- and long-term greenhouse gas emission reduction strategies and track

the progress of these strategies;

     (3) Lead by example and, to the maximum extent feasible, purchase alternative fuel, hybrid,

and electric vehicles that produce lower total emissions of greenhouse gases and develop programs

to encourage state employees to reduce their vehicle miles and use sustainable transportation

alternatives, including public transit systems;

     (4) Implement programs to achieve energy savings in state and municipal buildings to

reduce greenhouse gases, reduce expenditures on energy, and stimulate economic and job

development;

     (5) Increase the deployment of in-state generation of renewable energy and energy

efficiency;

     (6) Support efforts to expand Rhode Island’s green economy and develop green

infrastructure;

     (7) Assess the vulnerability of infrastructure and natural systems, including, but not limited

to, roads, bridges, dams, and wastewater and drinking water treatment facilities, and riverine and

coastal habitats, to impacts on climate change and implement strategies to relocate or protect and

adapt these assets;

     (8) Work with relevant academic institutions and federal agencies to assess the threats of

sea level rise, erosion, and storm surge, and communicate these assessments and threats, along with

LC004784 - Page 27 of 31

potential tools to address them, to state agencies and affected communities;

     (9) Develop plans, policies, and solutions based on the latest science to ensure the state

continues to have a vibrant coastal economy, including protection of critical infrastructure, and a

vibrant and resilient food system that can provide affordable access to healthy food for all Rhode

Islanders;

     (10) Address recommendations to reduce health impacts associated with climate change

and protect the populations most vulnerable to the effects of climate change and at risk of pollution,

displacement, energy burden, and cost;

     (11) Encourage municipalities to incorporate climate change adaptation into local hazard

mitigation plans and, when feasible, into hazard mitigation projects;

     (12) Take affirmative steps to eliminate and avoid duplication of effort through consistent

coordination between agencies and programs, and pooling of resources, so as to make the most

cost-efficient use of the state resources and provide the most effective services; and

     (13) Foster public transparency by developing public metrics and an online public

dashboard that shall track both emissions reductions and sources of energy consumed by the state.

The metrics and the dashboard shall be updated at least annually; and

     (14) Take affirmative steps to reduce deforestation, transition away from ecologically

destructive logging practices such as clearcutting that results in deforestation and the release of

carbon emissions, and protect forests in their natural state in order to allow them to develop into

old growth forests to have maximum carbon storage.

     SECTION 8. Sections 42-122-3, 42-122-5, 42-122-6 and 42-122-7 of the General Laws in

Chapter 42-122 entitled "Natural Areas Protection Act of 1993" are hereby amended to read as

follows:

     42-122-3. Definitions.

     As used in this chapter:

     (1) “Director” means the director of the department of environmental management the

natural heritage program of the state of Rhode Island.

     (2) “Natural area preserve” means areas of most environmentally sensitive land and/or

water containing habitat suitable for plant or animal life or geological features of biological,

scientific, educational, geological, paleontological, or scenic value worthy of preservation in its

natural condition which has been approved by the director.

     42-122-5. Procedure for designation of non-state owned land as a natural area

preserve.

     (a) The director may approve non-state owned land as a natural area preserve only upon

LC004784 - Page 28 of 31

the recommendation of the natural heritage preservation commission (established under § 42-17.5-

4) and only after a public hearing and upon notice. The notice required under this section shall set

forth a description of the proposed action, including a description of the land to be offered, and the

time and place of the hearing. The notice shall conform to the requirements of § 42-35-1 et seq.

     (b) The natural heritage preservation commission program shall review requests from

municipalities, private land conservation organizations, and private landowners desiring

designation of a parcel of land as a natural area preserve, and make recommendations to the

director. Any request must include the written consent of the private landowner before any review

shall commence. In making recommendations, it shall be guided by the natural heritage program

and other relevant sources of information about critical environmental resources. The natural

heritage preservation commission may also, on its own initiative, make recommendations for

designation of areas to the director.

     (c) To be designated a natural area preserve the property owner must voluntarily grant to

the state of Rhode Island a conservation easement, which shall include the reasons for the

designation, and prepare a management plan for the preserve that defines the methods by which the

educational, scientific, biological, geological, paleontological, and/or scenic purposes of the

designation shall be carried out. The conservation easement shall be recorded in the land evidence

records in the city or town where the parcel is located.

     (d) In areas under the jurisdiction of the coastal resource management council (CRMC),

the director shall coordinate with the CRMC areas to be proposed for inclusion within the program.

     42-122-6. Procedures for designation of state-owned land as a natural area preserve.

     (a) A request for designation of state-owned land as a natural area preserve shall be made

to the director, that request specifying the area to be designated, the reasons for the designation, the

proposed management strategy necessary to protect the critical environmental resources within the

area, and the changes that would be required in current management practices. The request for

designation may be made by the director of any state agency for any parcel of land under the

agency’s control. The natural heritage program shall review requests from private land conservation

organizations and private individuals desiring designation of a parcel of state-owned land as a

natural area preserve. For state-owned land, the director may also designate a natural area preserve

without a request for designation.

     (b) The director may approve the designation of state-owned land as a preserve only after

consultation with the managing agency, and after a public hearing. Notice requirements for the

public hearing shall be the same as required under § 42-122-5(a). Before a preserve is designated,

a management plan must be approved by the director and adopted by the department managing the

LC004784 - Page 29 of 31

preserve.

     42-122-7. Designation as a natural area preserve.

     An area designated as a natural area preserve is declared to be put to its highest, best and

most important use for public benefit and no interest in this preserve owned by the state shall be

alienated or put to any use other than as a natural area preserve, except upon a finding by the director

in consultation with the natural heritage preservation commission, that the qualifying features of

the land have been destroyed or irretrievably damaged and that the public purposes of the

designation have been utterly frustrated.

     Any finding the director is required to make under this section shall be made only after a

public hearing and upon notice. The notice required by this section shall set forth the substance of

the proposed action and describe, with or without legal description, the area affected and shall set

forth the time and place of the hearing and shall be published at least twice (2) a week for three (3)

successive weeks before the hearing in a newspaper published in the county where the property is

located and in a newspaper with statewide distribution. No finding, which the director is required

to make, shall be effective until the finding has been published. No action shall be taken by the

state pursuant to the finding prior to the expiration of sixty (60) days after the finding becomes

effective. During the sixty (60) day period, any finding may be appealed by any resident of this

state in a suit brought against the director in the superior court for the judicial district of Providence.

In any action, the court shall vacate the finding if it finds the director acted arbitrarily or illegally

in making the finding. During the pendency of an appeal the state shall take no action pursuant to

the findings of the director.

     SECTION 9 This act shall take effect upon passage.

========

LC004784

========

LC004784 - Page 30 of 31

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- OLD GROWTH FOREST

PROTECTION ACT

***

     This act would create a statutory framework designed to protect our forests and

biodiversity. This act would also prohibit logging in old growth forests and in the natural area

preserves when they are created. It would further require the newly created natural heritage program

to perform inventories of areas set to be logged by the department of environmental management

(DEM) to ensure no old growth forest, rare forest ecosystem, natural heritage area, or rare or

endangered species are disturbed. This act would raise the penalties for disposing of lit smoking

material or causing a brushfire from a $25.00 fine to a felony.

     This act would take effect upon passage.

========

LC004784

========

LC004784 - Page 31 of 31