2025 -- S 0716

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LC002184

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT

COUNCIL

     Introduced By: Senators Gu, Sosnowski, McKenney, Euer, DiMario, Mack, Bissaillon,
Britto, and Kallman

     Date Introduced: March 07, 2025

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings and purpose.

     The General Assembly finds and declares that:

     (1) Shoreline access is a constitutionally protected right under the Rhode Island

constitution, and ensuring public access is of paramount importance to the residents and visitors of

the state.

     (2) Recent legislation, such as the shoreline access bill (23-S 0417), reinforces the need for

accessible pathways to the shoreline through designated coastal resources management council

(CRMC) rights of way.

     (3) Parking availability near CRMC rights of way is a critical component of shoreline

access, and any modifications to parking near these areas must be conducted in a manner that

upholds public access and complies with the Americans with Disabilities Act (ADA) and state laws.

     (4) Ensuring that any substantive reduction in parking near rights of way are carefully

reviewed and approved by the department of environmental management (DEM) will safeguard

equitable shoreline access for all, including individuals with disabilities.

     SECTION 2. Chapter 46-23 of the General Laws entitled "Coastal Resources Management

Council" is hereby amended by adding thereto the following sections:

     46-23-27. Establishment of restricted receipt account.

     (a) There is hereby established a restricted receipt account known as the "Rhode Island

shoreline access improvement fund" to support projects enhancing public access to the shoreline.

     (b) All fees collected through fines for violations of § 42-23-29 shall be placed into the

restricted receipt account established pursuant to the provisions of subsection (a) of this section.

     (c) Projects enhancing public access to shorelines shall include, but not be limited to,

personnel costs, operating costs and capital expenditures to enhance public access to the shoreline.

     (d) All fees collected pursuant to the provisions of subsection (b) of this section shall be in

addition to and not substituted for funds appropriated for CRMC by the state or federal government.

     46-23-28. Requirements for parking modifications near coastal resources

management council rights of way.

     (a) Any city, town, municipal agency, private entity, or other organization seeking to

reduce, restrict, or fundamentally alter parking near designated CRMC rights of way shall:

     (1) Submit a comprehensive parking plan which shall provide a detailed plan outlining the

proposed changes, including:

     (i) The specific parking areas affected;

     (ii) The reasons for the proposed changes;

     (iii) An analysis of the potential impacts on shoreline access for the public, with a specific

focus on ADA compliance.

     (2) Demonstrate that the proposed changes shall not reduce access for individuals with

disabilities and shall meet or exceed ADA requirements for accessible parking spaces and

pathways.

     (3) Conduct a public comment period of no less than thirty (30) days to gather feedback

from local residents, stakeholders, and advocacy groups.

     (b) CRMC shall engage in collaboration with the department of environmental

management ("DEM") to ensure:

     (1) The proposed plan does not conflict with DEM programs or projects or negatively

interfere with compliance with state and federal accessibility standards;

     (2) Achieves alignment with the goals of preserving and enhancing public shoreline access;

and

     (3) Provides mitigation measures to address any negative impacts identified during the

review process.

     (c) CRMC and/or DEM may promulgate any necessary rules and regulations to facilitate

the implementation of this section within six (6) months of collaboration provided in subsection

(b) of this section.

     46-23-29. Enforcement and penalties for parking areas.

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     (a) Any entity found to have reduced, restricted, or fundamentally altered parking near

CRMC rights of way without complying with the provisions of this section and § 46-23-28 shall

be subject to:

     (1) A cease-and-desist order issued by CRMC or DEM;

     (2) A fine not exceeding five thousand dollars ($5,000) per day for each day of non-

compliance;

     (3) Additional penalties or corrective measures as deemed necessary by CRMC or DEM to

restore equitable access.

     (b) Funds collected through fines shall be allocated to a Rhode Island shoreline access

improvement fund established pursuant to § 46-23-27, to support projects enhancing public access

to the shoreline.

     SECTION 3. Severability. If any provision of this act or its application to any person or

circumstance is held invalid, the remainder of the act or the application of its provisions to other

persons or circumstances shall not be affected.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT

COUNCIL

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     This act would provide a procedure for parking modifications near shoreline rights of way

as a critical component of shoreline access, and any modifications to parking near these areas must

be conducted in a manner that upholds public access and complies with state and federal laws.

     This act would take effect upon passage.

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