2025 -- S 0716 AS AMENDED

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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,

     Date Introduced: March 07, 2025

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 46-23 of the General Laws entitled "Coastal Resources Management

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

     46-23-27. 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, or restrict 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; and

     (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 the Americans with Disabilities Act (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.

     (d) Agencies or departments acting under the authority and expressed permission of the

State of Rhode Island or any city or town shall be exempt from the provisions of this section,

provided that any restrictions or reductions in parking near CRMC rights-of-way are temporary in

nature and are implemented solely to address legitimate public safety concerns or to alleviate

impediments to traffic flow. If the restrictions or reductions are to last more than twenty (20)

calendar days, notice must be provided to the CRMC, which shall then make such notice available

to the public.

     46-23-28. Enforcement and penalties for parking areas.

     (a) Any entity found to have reduced, or restricted, parking near CRMC rights-of-way

without complying with the provisions of this section and § 46-23-27 shall be subject to:

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

     (2) A fine not exceeding five hundred dollars ($500) 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.

     SECTION 2. 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 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- 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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