2025 -- S 0400

========

LC001634

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- 2021 ACT ON CLIMATE

     Introduced By: Senators Rogers, de la Cruz, E Morgan, Raptakis, Paolino, and Ciccone

     Date Introduced: February 26, 2025

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-6.2 of the General Laws entitled "2021 Act on Climate" is hereby

repealed in its entirety.

CHAPTER 42-6.2

2021 Act on Climate

     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

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.

     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

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

LC001634 - Page 2 of 10

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

people, and people living with disabilities.

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

of § 42-6.2-10 effective in 2026.

     (viii) 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

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.

LC001634 - Page 3 of 10

     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

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

LC001634 - Page 4 of 10

     (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.

     42-6.2-3.1. Funding for the council.

     There is hereby established a restricted receipt account in the general fund of the state and

housed in the budget of the department of administration entitled “RGGI-executive climate change

coordinating council projects.” The express purpose of this account is to record receipts and

expenditures allocated pursuant to § 23-82-6(a)(7) and (a)(8). The state budget officer is hereby

authorized to create restricted receipt sub-accounts in any department of state government that

receives such funding as directed by the executive climate change coordinating council.

     The Rhode Island executive climate change coordinating council shall report annually to

the governor and general assembly within one hundred twenty (120) days of the end of each

calendar year how the funds were used to achieve the statutory objectives of the 2021 Act on

Climate.

     42-6.2-4. Advisory board established — Members.

     (a) The Rhode Island executive climate change coordinating council advisory board is

hereby established. The advisory board shall have fourteen (14) members. Six (6) members shall

be appointed by the governor, four (4) of whom shall be representatives of city or town government,

at least one of whom shall be from a city with a population of over fifty thousand (50,000) and one

of whom shall be of a town with a population of less than fifty thousand (50,000), one of whom

shall be from an organization representing or serving low-income and/or minority communities,

and one member of the public with expertise in, and representing the interests of, environmental

justice.

     Four (4) members shall be appointed by the president of the senate, who shall give due

consideration to appointing persons with expertise in economic policy and/or workforce

development; protection of natural and cultural resources management; energy planning and

development; and engineering and design. Four (4) members shall be appointed by the speaker of

the house, who shall give due consideration to appointing persons with expertise in education;

public health and safety; housing; or from organizations representing or serving youth or the

elderly.

     (b) The members of the advisory board shall be appointed for terms of three (3) years;

provided, however, that, with regard to the initial appointments, four (4) members shall be

appointed for terms of one year; five (5) members shall be appointed for a term of two (2) years;

and five (5) members shall be appointed for a term of three (3) years. Members may be reappointed,

LC001634 - Page 5 of 10

and their appointments shall continue until their successors are appointed. The term of a member

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

position in the city or town he or she was representing. A vacancy other than by expiration shall be

filled in the manner of the original appointment, but only for the unexpired portion of the term.

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

     (d) The governor shall appoint a chairperson; a vice-chairperson and secretary shall be

elected annually by the advisory board members. All officers of the advisory board shall serve until

their successors have been duly appointed or elected.

     (e) The advisory board shall meet at least quarterly or at the call of the chairperson of the

council. The chairperson of the council, or his or her designee, shall be present for all advisory

board meetings.

     (f) The advisory board shall have the following purposes and duties:

     (1) Advise the council on all matters pertaining to the duties and powers of the council,

including evaluating and making recommendations regarding plans, programs, and strategies

relating to climate change mitigation and adaptation;

     (2) Assist the council in improving public access to, and understanding of, the best

available scientific, technical, and other information about climate change, mitigation, adaptation,

etc., so as to build public support for, and participation in, initiatives to make communities more

resilient;

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

constituencies, as well as vice versa, for input from the community level to the council;

     (4) Assist the council in meeting its own transparency and accountability obligations;

     (5) Report to the council at each regular council meeting; and

     (6) Prepare an annual report, to be included in the annual report of the council, that

specifically addresses the state of public awareness and engagement; the effectiveness of

mitigation, adaptation and public information programs from the community perspective; the

ability of the council to attain its goals and objectives, including effective interagency coordination

and public-private partnerships; and actions that would further the purposes of the council and this

legislation.

     (g) For purposes of this section, “environmental justice” means the fair treatment and

meaningful involvement of all people regardless of race, color, national origin, English proficiency,

or income with respect to the development, implementation, and enforcement of environmental

laws, regulations, and policies.

     42-6.2-5. Science and technical advisory board established — Members.

LC001634 - Page 6 of 10

     (a) The Rhode Island executive climate change council science and technical advisory

board is hereby established. The science and technical advisory board shall have nine (9) members,

appointed by the governor with the advice and consent of the senate. Four (4) members shall be

from institutions of higher education in the state; two (2) shall be from research laboratories located

in the state; and three (3) shall be from state agencies with expertise in, and responsibility for,

addressing issues pertaining to climate change.

     (b) The members of the science and technical advisory board shall be appointed for terms

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

members shall be appointed for terms of one year; three (3) members shall be appointed for a term

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

may serve not more than three (3) successive terms and their appointments shall continue until their

successors are appointed. A vacancy other than by expiration shall be filled in the manner of the

original appointment, but only for the unexpired portion of the term.

     (c) Members of the advisory board shall receive no compensation.

     (d) The governor shall appoint a chairperson; a vice-chairperson and secretary shall be

elected annually by the advisory board members. All officers of the advisory board shall serve until

their successors have been duly appointed or elected.

     (e) The advisory board shall meet at least quarterly or at the call of the chairperson of the

council.

     (f) The advisory board shall have the following purposes and duties:

     (1) Keep the executive climate change council abreast of important developments in

scientific and technical information relating to climate change and resiliency;

     (2) Explore and advise the council regarding opportunities to provide timely support for

key policy and management decisions by aligning academic research around issues of climate

change and resiliency;

     (3) Inventory the scientific and technical work being done by public-and private-sector

entities, and evaluate options to coordinate or integrate/consolidate such work in order to achieve

greater efficiency, save resources, and provide better services;

     (4) Make recommendations and provide policy advice to the council regarding research

needs and priorities, resource allocation, and funding opportunities;

     (5) Assist the council in communicating scientific and technical information to key user

groups and the general public; and

     (6) Prepare an annual report, to be included in the annual report of the council, evaluating

to what extent the state’s policies and programs aimed at mitigating and adapting to climate change

LC001634 - Page 7 of 10

are supported by the best available science and technical information.

     42-6.2-6. Open government requirements.

     The council and advisory board shall be subject to the provisions of chapter 46 of title 42

(the open meetings act) and chapter 2 of title 38 (the access to public records act). Any rules and

regulations, or any amendments to rules and regulations, to carry out the requirements of this

chapter shall be adopted in accordance with the provisions of chapter 35 of title 42 (the

administrative procedures act).

     42-6.2-7. Reporting.

     No later than May 1, 2015, and annually thereafter, the council shall issue a report of its

findings, recommendations, and progress on achieving the purposes and requirements of this

chapter.

     42-6.2-8. Powers and duties of state agencies — Exercise of existing authority.

     Addressing the impacts on climate change shall be deemed to be within the powers, duties,

and obligations of all state departments, agencies, commissions, councils, and instrumentalities,

including quasi-public agencies, and each shall exercise among its purposes in the exercise of its

existing authority, the purposes set forth in this chapter pertaining to climate change mitigation,

adaptation, and resilience in so far as climate change affects its mission, duties, responsibilities,

projects, or programs. Each agency shall have the authority to promulgate rules and regulations

necessary to meet the greenhouse gas emission reduction mandate established by § 42-6.2-9.

     42-6.2-9. Statewide greenhouse gas emission reduction mandate.

     Mandatory targets for emissions reduction:

     It is hereby established that the state shall reduce its statewide greenhouse gas emissions

to the targets set forth in § 42-6.2-2(a)(2)(i), as those targets may from time to time be revised, and

that achieving those targets shall be mandatory under the provisions of this chapter. The targets at

the time of the enactment of this act [April 10, 2021] are that greenhouse gas emissions shall be ten

percent (10%) below 1990 levels by 2020, shall be forty-five percent (45%) below 1990 levels by

2030; eighty percent (80%) below 1990 levels by 2040, and shall be net-zero emissions by 2050.

     42-6.2-10. Enforcement.

     (a) The provisions of this chapter may be enforced by means of an action in the superior

court seeking either injunctive relief, a declaratory judgment, a writ of mandamus, or any

combination thereof, for:

     (1) Climate plans required by § 42-6.2-2(a)(2); or

     (2) The greenhouse gas emissions reduction mandate required by § 42-6.2-9.

     (b) No such action may be commenced without the plaintiff providing written notice of the

LC001634 - Page 8 of 10

violations of this chapter to defendants at least sixty (60) days prior to filing a legal action in

superior court. Where the defendant is a government entity, no costs or fees shall be awarded if a

court determines that substantive action was taken during the sixty-day (60) period. No such action

shall be brought before 2026.

     (c) Unless otherwise authorized in this chapter, no such action shall be brought prior to

2026.

     (d) Venue for such actions shall be proper in the superior court.

     (e) The Rhode Island attorney general, any Rhode Island resident, and any Rhode Island

corporation, company, organization, nonprofit, or other Rhode Island legal entity or organization

registered with the Rhode Island secretary of state may bring a civil action to enforce this chapter.

     (f) The court may award costs of litigation (including reasonable attorney and expert

witness fees) to any substantially prevailing party. Provided, however, nothing in this section shall

restrict any right which any person (or class of persons) may have under any statute or common

law.

     42-6.2-11. Liberal construction.

     This chapter, being necessary for the welfare of the state and its inhabitants, shall be

liberally construed so as to effectuate its purposes.

     42-6.2-12. Severability.

     If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any

court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate

the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph,

section, or part directly involved in the controversy in which that judgment shall have been

rendered.

     SECTION 2. This act shall take effect upon passage.

========

LC001634

========

LC001634 - Page 9 of 10

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- 2021 ACT ON CLIMATE

***

     This act would repeal the 2021 Act on Climate which established a statewide greenhouse

gas emission reduction mandate in its entirety.

     This act would take effect upon passage.

========

LC001634

========

LC001634 - Page 10 of 10