2024 -- S 2746 | |
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LC005162 | |
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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 -- COASTAL RESOURCES MANAGEMENT | |
COUNCIL | |
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Introduced By: Senators Euer, DiMario, Gu, DiPalma, Sosnowski, and Valverde | |
Date Introduced: March 08, 2024 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 46-23 of the General Laws entitled "Coastal Resources Management |
2 | Council" is hereby amended by adding thereto the following sections: |
3 | 46-23-16.1. Cable siting. |
4 | (a) Any lease of tidal lands of twenty-five (25) acres or more, or any license to use those |
5 | lands, is subject to approval, disapproval, or conditional approval by the direct enactment of the |
6 | general assembly by legislative action. The coastal resources management council (CRMC) shall |
7 | review all requests for leases, licenses to use the land, and other authority to use the land made by |
8 | any applicant prior to presentation of the request to the general assembly, and the CRMC shall |
9 | make recommendations on the request to the general assembly. |
10 | (b) Consistent with the public trust and the public's right to use and enjoyment of any |
11 | proposed cable corridor, when reviewing requests for use of tidal lands for cables the CRMC shall: |
12 | (1) Apply parallel routing with existing linear infrastructure; |
13 | (2) Avoid sensitive resources to the maximum extent practicable, including, but not limited |
14 | to, hard bottom habitat, cold water corals, submerged aquatic vegetation, emergent aquatic |
15 | vegetation/marshlands, areas prone to coastal erosion, electromagnetic fields (EMF)-sensitive |
16 | species aggregation areas and migration routes, clam beds, historic areas, threatened and |
17 | endangered species habitat, and areas of potentially significant archeological resources; |
18 | (3) Limit the footprint of combined linear infrastructure to minimize resource |
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1 | fragmentation in zones without space limitations; |
2 | (4) Bundle cables to minimize number of routes; |
3 | (5) Limit crossings of other infrastructure and cross at right angles; |
4 | (6) Avoid anchorage areas and navigation channels; |
5 | (7) Minimize in-water transmission cable length to the extent that other environmental and |
6 | anthropogenic resources and use are not impacted disproportionately; |
7 | (8) Where possible, installation at landfall should be one horizontal directional drill (HDD) |
8 | per bundled high voltage direct current cable; |
9 | (9) Where possible, use public rights-of-way, transmission corridors, railroad corridors, |
10 | and/or local, county, and/or state roads or highways that meet the permitting requirements and |
11 | FHWA approval where applicable; |
12 | (10) Minimize crossings of active infrastructure and when crossings are necessary, use |
13 | specialized crossing methods, including trenchless methods like HDD and jack-and-bore, at bridge |
14 | crossings over water, other roadways, or railroads; existing utility crossings; and intersections with |
15 | major arterial roadways; |
16 | (11) Avoid impacts to the commercial fishing industry as a result of submerged energy |
17 | cable installation and operation within state waters. |
18 | (12) Avoid impacts to residential neighborhoods, environmental justice areas, |
19 | disadvantaged communities, and underserved communities; |
20 | (13) Avoid sensitive resources to maximum extent practicable, including, but not limited |
21 | to, areas of particular concern, state and federally-regulated wetlands, federally- or state-listed |
22 | endangered or threatened species, or associated habitat, designated critical habitat, conservation |
23 | and mitigation sites, and areas of potentially significant archeological resources. |
24 | (14) Establish standards, based upon best scientific evidence, for appropriate cable |
25 | requirements including subsections (b)(1) through (b)(13) of this section; size, burial methods and |
26 | depth, trenching methods, seasonal limitations on trenching, and appropriate requirements to avoid |
27 | and minimize EMF effects. The council shall strictly scrutinize each request for use of a secondary |
28 | cable protection method and may approve or disapprove of a request after a public hearing. |
29 | Approval may be granted only when necessary and, when granted, the council shall place strict |
30 | limitations and requirements on each use or location of a secondary cable protection method which |
31 | may include increased monitoring and inspection of those locations. |
32 | (c) The CRMC shall require regular cable inspections by the applicant for the submerged |
33 | cable annually; however, every area with a secondary cable protection method shall be inspected |
34 | at least two (2) times each year. The inspection report shall be provided to the CRMC and general |
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1 | assembly within thirty (30) days of completion of each inspection. |
2 | (d) The CRMC shall require that the applicant or its successor shall monitor EMF levels |
3 | along the cable route for multiple successive days each season of the year in order to get the most |
4 | accurate EMF measurements. |
5 | (e) The CRMC shall require a fisheries monitoring plan prior to cable installation and for |
6 | the life of the cables. The fisheries monitoring plan shall be incorporated within the lease of tidal |
7 | lands as required by § 46-23-16.2. |
8 | (f) The CRMC shall promulgate rules and regulations as necessary to implement this |
9 | section. |
10 | 46-23-16.2. Fee for lease of tidal lands. |
11 | (a) There shall be a per annum fee assessed for submerged cables which shall be determined |
12 | by a cost of twenty-five dollars ($25.00) per linear foot of the submerged cable, annualized over |
13 | the course of the twenty (20) year life span of the submerged cable and adjusted annually for |
14 | inflation as determined by the consumer price index but in no circumstance less than the linear |
15 | price set forth at the commencement of the lease with additional costs that may be considered and |
16 | included in the per annum fee, if areas of particular concern are disturbed. |
17 | (b) In light of the unique size, scope, and overall potential impact upon the environment of |
18 | large scale projects involving twenty-five (25) acres or more, any fee assessed for the lease of tidal |
19 | lands, or any license to use those lands, is subject to approval, disapproval, or conditional approval |
20 | by the direct enactment of the general assembly by legislative action. |
21 | (c) All leases for submerged cables shall be recorded in the land evidence records of any |
22 | and all municipalities where the submerged cable makes land fall. Recording fees shall be satisfied |
23 | by the owner of the submerged cable. |
24 | SECTION 2. Section 46-23-1 of the General Laws in Chapter 46-23 entitled "Coastal |
25 | Resources Management Council" is hereby amended to read as follows: |
26 | 46-23-1. Legislative findings. |
27 | (a)(1) Under article 1, § 17 of the Rhode Island Constitution, the people shall continue to |
28 | enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they |
29 | have been heretofore entitled under the charter and usages of this state, including, but not limited |
30 | to, fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and |
31 | passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural |
32 | resources of the state with due regard for the preservation of their values; and it is the duty of the |
33 | general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and |
34 | other natural resources of the state, and to adopt all means necessary and proper by law to protect |
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1 | the natural environment of the people of the state by providing adequate resource planning for the |
2 | control and regulation of the use of the natural resources of the state and for the preservation, |
3 | regeneration, and restoration of the natural environment of the state. |
4 | (2) The general assembly recognizes and declares that the coastal resources of Rhode |
5 | Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of |
6 | immediate and potential value to the present and future development of this state; that unplanned |
7 | or poorly planned development of this basic natural environment has already damaged or destroyed, |
8 | or has the potential of damaging or destroying, the state’s coastal resources, and has restricted the |
9 | most efficient and beneficial utilization of these resources; that it shall be the policy of this state to |
10 | preserve, protect, develop, and, where possible, restore the coastal resources of the state for this |
11 | and succeeding generations through comprehensive and coordinated long range planning and |
12 | management designed to produce the maximum benefit for society from these coastal resources; |
13 | and that preservation and restoration of ecological systems shall be the primary guiding principle |
14 | upon which environmental alteration of coastal resources will be measured, judged, and regulated. |
15 | (b)(1) That effective implementation of these policies is essential to the social and |
16 | economic well-being of the people of Rhode Island because the sea and its adjacent lands are major |
17 | sources of food and public recreation, because these resources are used by and for industry, |
18 | transportation, waste disposal, and other purposes, and because the demands made on these |
19 | resources are increasing in number, magnitude, and complexity; and that these policies are |
20 | necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452 |
21 | (“The Coastal Zone Management Act”), the general assembly hereby directs the council (referred |
22 | to as “CRMC”) to exercise effectively its responsibilities in the coastal zone through the |
23 | development and implementation of management programs to achieve wise use of the land and |
24 | water resources of the coastal zone. |
25 | (2) Furthermore, that implementation of these policies is necessary in order to secure the |
26 | rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state |
27 | with due regard for the preservation of their values, and in order to allow the general assembly to |
28 | fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and |
29 | other natural resources of the state, and to adopt all means necessary and proper by law to protect |
30 | the natural environment of the people of the state by providing adequate resource planning for the |
31 | control and regulation of the use of the natural resources of the state and for the preservation, |
32 | regeneration, and restoration of the natural environment of the state. |
33 | (c) That these policies can best be achieved through the creation of a coastal resources |
34 | management council as the principal mechanism for management of the state’s coastal resources. |
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1 | (d) The general assembly recognizes and declares that maintenance dredging is required to |
2 | remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy |
3 | and programs for ports, port facilities, channels, harbors, public and private marinas and boating |
4 | facilities, recreational facilities and habitat areas; other major coastal states have maintenance |
5 | dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general |
6 | maintenance dredging policy and program and as a result there has been: |
7 | (1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to |
8 | twenty-four (24) feet in 1996; |
9 | (2) Navigational restrictions on ocean going vessels through the state’s waterways and |
10 | channels; and |
11 | (3) A decrease in the number of available slips and moorings at marinas throughout the |
12 | state; and the lack of a maintenance dredging policy and programs have significant adverse |
13 | environmental and economic effects on the state and therefore it is in the best interest of the state, |
14 | the cities and towns of the state, and the citizens thereof for the state to have a general maintenance |
15 | dredging policy and programs to resolve issues related to dredge maintenance and disposal and |
16 | avoid future significant direct and indirect adverse impact on the environment and economy of the |
17 | state. |
18 | (e) The coastal resources management council is hereby designated as the lead state agency |
19 | for purposes of dredging in tidal waters and as such shall have the following duties and |
20 | responsibilities: |
21 | (1) To coordinate the interest of the state with regard to dredging; |
22 | (2) To formulate and adopt a state policy with regard to dredging which integrates those |
23 | interests; |
24 | (3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with |
25 | the federal government and with other public bodies and private parties with regard to dredging; |
26 | (4) To act as the initial and primary point of contact for all applications to the state for |
27 | dredging projects in tidal waters; |
28 | (5) To develop, prepare, adopt pursuant to § 46-23-11, implement, and maintain a |
29 | comprehensive plan for dredge material management; and |
30 | (6) To cooperate and coordinate with the departments of environmental management, |
31 | transportation, administration, and health, and the economic development corporation in the |
32 | conduct of these duties and responsibilities. |
33 | (f)(1) The legislature recognizes that under Article I, § 17, the submerged lands of the state |
34 | are impressed with a public trust and that the state is responsible for the protection of the public’s |
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1 | interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below |
2 | the high water mark, and it holds that land in trust for the use of the public. In benefiting the public, |
3 | the state preserves certain public rights which include, but are not limited to, fishery, commerce, |
4 | and navigation in these waters and the submerged lands that they cover. |
5 | (2) Since its establishment in 1971, the CRMC has had the authority to manage and plan |
6 | for the preservation of the coastal resources of the state including, but not limited to, submerged |
7 | lands. The legislature hereby declares that, in light of the unique size, scope, and overall potential |
8 | impact upon the environment of large scale filling projects involving twenty-five (25) acres or |
9 | more, any lease of tidal lands, or any license to use those lands, is subject to approval, disapproval, |
10 | or conditional approval by the direct enactment of the general assembly by legislative action. The |
11 | CRMC shall review all requests for leases, licenses to use the land, and other authority to use the |
12 | land made by any applicant prior to presentation of the request to the general assembly, and the |
13 | CRMC shall make recommendations on the request to the general assembly. With the exception of |
14 | any and all projects to fill land of twenty-five (25) acres or more, the general assembly hereby |
15 | recognizes and declares that the CRMC is delegated the sole and exclusive authority for the leasing |
16 | of submerged and filled lands and giving licenses for the use of that land. Accordingly, the CRMC |
17 | will develop, coordinate, and adopt a system for the leasing of submerged and filled lands, and |
18 | licenses for the use of that land, and will ensure that all leases and licenses are consistent with the |
19 | public trust. Pursuant thereto, the CRMC shall impose a maximum fee of eighty thousand dollars |
20 | ($80,000) per annum for any transatlantic cable that makes landfall in Rhode Island. All such fees |
21 | collected shall be deposited into the Bays, Rivers and Watersheds Fund, established pursuant to § |
22 | 46-31-12.1, and shall be disbursed according to the purposes of that fund. Nothing contained in this |
23 | subsection negates, repeals, or alters the provisions, processes, and requirements for the leasing of |
24 | submerged land for the conduct of aquaculture as set out under chapter 10 of title 20. Therefore, |
25 | nothing in this chapter shall be construed to limit or impair the authority of the state, or any duly |
26 | established agency of the state, to regulate filling or dredging affecting tidal lands owned by the |
27 | state or any other entity, and nothing in this chapter shall be construed to limit or impair the |
28 | obligation of the applicant to obtain all applicable regulatory approvals. Specifically, and without |
29 | limiting the foregoing, nothing in this subsection negates, repeals, or alters the provisions, |
30 | processes, and requirements for water quality certification contained in chapter 12 of this title. |
31 | (3) Definitions. |
32 | (i) “Filled land” means portions of tidal lands which have been rendered by the acts of man |
33 | to be no longer subject to tidal action or beneath tidal waters. |
34 | (ii) “Tidal Lands” means those lands that are below the mean high water. |
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1 | (iii) “Mean high water” means a line of contour representing the 18.6 year average as |
2 | determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and |
3 | methodology of the United States Coastal Geodetic Survey within the National Oceanic and |
4 | Atmospheric Administration. |
5 | SECTION 3. This act shall take effect upon passage. |
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LC005162 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT | |
COUNCIL | |
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1 | This act would require that any lease of tidal lands, or any license issued to use those lands, |
2 | be approved by the general assembly, including the use of tidal lands for cables or pipelines. This |
3 | act would further require that the coastal resources management council review all requests for |
4 | leases, licenses to use the land, and other authority to use the land, prior to presentation to the |
5 | general assembly and to make recommendations on any request being presented to the general |
6 | assembly. |
7 | This act would take effect upon passage. |
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LC005162 | |
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