2026 -- S 2356

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LC004492

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

     Introduced By: Senators Raptakis, Rogers, E Morgan, Burke, and Valverde

     Date Introduced: January 30, 2026

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-17.1 of the General Laws entitled "Department of Environmental

Management" is hereby amended by adding thereto the following section:

     42-17.1-47. Big River Reservoir — Administration.

     (a) The Rhode Island department of environmental management, established pursuant to

chapter 17.1 of this title, shall administer those lands acquired for the Big River Reservoir as

established under section 23 of chapter 133 of the Public Laws of 1964. The director of the

department of environmental management and the director’s authorized agents, employees, and

designees shall manage the land and natural resources of the Big River Reservoir. The lands of the

Big River Reservoir are subject to enforcement authority of the department of environmental

management, as provided for in chapter 17.1 of this title, and as provided for in title 20. Nothing

contained herein shall be construed to affect any of the powers granted to the water resources board

(the “agency”) with regard to fresh water resource management pursuant to chapters 15 and 15.1

of title 46.

     (b) Effective July 1, 2026, the department of environmental management will assume

responsibility for all land use planning and for promulgating the rules and regulations regarding the

administration of the Big River Reservoir consistent with the requirements of § 37-20-1. The rules

and regulations promulgated under 490-RICR-00-00-5 of the Rhode Island code of regulations will

remain in full force and effect until such a time as the rules and regulations are properly transferred

to and promulgated by the department of environmental management's title within the Rhode Island

code of regulations.

     SECTION 2. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled

"Department of Environmental Management" is hereby amended to read as follows:

     42-17.1-2. Powers and duties.

     The director of environmental management shall have the following powers and duties:

     (1) To supervise and control the protection, development, planning, and utilization of the

natural resources of the state, such resources, including, but not limited to: water, plants, trees, soil,

clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish,

shellfish, and other forms of aquatic, insect, and animal life;

     (2) To exercise all functions, powers, and duties heretofore vested in the department of

agriculture and conservation, and in each of the divisions of the department, such as the promotion

of agriculture and animal husbandry in their several branches, including the inspection and

suppression of contagious diseases among animals; the regulation of the marketing of farm

products; the inspection of orchards and nurseries; the protection of trees and shrubs from injurious

insects and diseases; protection from forest fires; the inspection of apiaries and the suppression of

contagious diseases among bees; the prevention of the sale of adulterated or misbranded

agricultural seeds; promotion and encouragement of the work of farm bureaus, in cooperation with

the University of Rhode Island, farmers’ institutes, and the various organizations established for

the purpose of developing an interest in agriculture; together with such other agencies and activities

as the governor and the general assembly may, from time to time, place under the control of the

department; and as heretofore vested by such of the following chapters and sections of the general

laws as are presently applicable to the department of environmental management and that were

previously applicable to the department of natural resources and the department of agriculture and

conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2

entitled “Agriculture and Forestry”; chapters 1 through 17, inclusive, as amended, in title 4 entitled

“Animals and Animal Husbandry”; chapters 1 through 19, inclusive, as amended, in title 20 entitled

“Fish and Wildlife”; chapters 1 through 32, inclusive, as amended, in title 21 entitled “Food and

Drugs”; chapter 7 of title 23, as amended, entitled “Mosquito Abatement”; and by any other general

or public law relating to the department of agriculture and conservation or to any of its divisions or

bureaus;

     (3) To exercise all the functions, powers, and duties heretofore vested in the division of

parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled

“Parks and Recreational Areas”; by chapter 22.5 of title 23, as amended, entitled “Drowning

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Prevention and Lifesaving”; and by any other general or public law relating to the division of parks

and recreation;

     (4) To exercise all the functions, powers, and duties heretofore vested in the division of

harbors and rivers of the department of public works, or in the department itself by such as were

previously applicable to the division or the department, of chapters 1 through 22 and sections

thereof, as amended, in title 46 entitled “Waters and Navigation”; and by any other general or public

law relating to the division of harbors and rivers;

     (5) To exercise all the functions, powers, and duties heretofore vested in the department of

health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled “Health and Safety”; and by

chapters 12 and 16 of title 46, as amended, entitled “Waters and Navigation”; by chapters 3, 4, 5,

6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled “Animals and Animal Husbandry”; and

those functions, powers, and duties specifically vested in the director of environmental

management by the provisions of § 21-2-22, as amended, entitled “Inspection of Animals and

Milk”; together with other powers and duties of the director of the department of health as are

incidental to, or necessary for, the performance of the functions transferred by this section;

     (6) To cooperate with the Rhode Island commerce corporation in its planning and

promotional functions, particularly in regard to those resources relating to agriculture, fisheries,

and recreation;

     (7) To cooperate with, advise, and guide conservation commissions of cities and towns

created under chapter 35 of title 45 entitled “Conservation Commissions”, as enacted by chapter

203 of the Public Laws, 1960;

     (8) To assign or reassign, with the approval of the governor, any functions, duties, or

powers established by this chapter to any agency within the department, except as hereinafter

limited;

     (9) To cooperate with the water resources board and to provide to the board facilities,

administrative support, staff services, and other services as the board shall reasonably require for

its operation and, in cooperation with the board and the statewide planning program, to formulate

and maintain a long-range guide plan and implementing program for development of major water-

sources transmission systems needed to furnish water to regional and local distribution systems;

     (10) To cooperate with the solid waste management corporation and to provide to the

corporation such facilities, administrative support, staff services, and other services within the

department as the corporation shall reasonably require for its operation;

     (11) To provide for the maintenance of waterways and boating facilities, consistent with

chapter 6.1 of title 46, by: (i) Establishing minimum standards for upland beneficial use and

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disposal of dredged material; (ii) Promulgating and enforcing rules for water quality, groundwater

protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) Planning for the upland

beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the council

pursuant to § 46-23-6(2); (iv) Cooperating with the coastal resources management council in the

development and implementation of comprehensive programs for dredging as provided for in §§

46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material management and disposal

sites in accordance with the protocols established pursuant to § 46-6.1-5(a)(3) and the

comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties granted herein

shall be construed to abrogate the powers or duties granted to the coastal resources management

council under chapter 23 of title 46, as amended;

     (12) To establish minimum standards, subject to the approval of the environmental

standards board, relating to the location, design, construction, and maintenance of all sewage

disposal systems;

     (13) To enforce, by such means as provided by law, the standards for the quality of air, and

water, and the design, construction, and operation of all sewage disposal systems; any order or

notice issued by the director relating to the location, design, construction, or maintenance of a

sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director

shall forward the order or notice to the city or town wherein the subject property is located and the

order or notice shall be recorded in the general index by the appropriate municipal official in the

land evidence records in the city or town wherein the subject property is located. Any subsequent

transferee of that property shall be responsible for complying with the requirements of the order or

notice. Upon satisfactory completion of the requirements of the order or notice, the director shall

provide written notice of the same, which notice shall be similarly eligible for recordation. The

original written notice shall be forwarded to the city or town wherein the subject property is located

and the notice of satisfactory completion shall be recorded in the general index by the appropriate

municipal official in the land evidence records in the city or town wherein the subject property is

located. A copy of the written notice shall be forwarded to the owner of the subject property within

five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject

property within thirty (30) days after correction;

     (14) To establish minimum standards for the establishment and maintenance of salutary

environmental conditions, including standards and methods for the assessment and the

consideration of the cumulative effects on the environment of regulatory actions and decisions,

which standards for consideration of cumulative effects shall provide for: (i) Evaluation of potential

cumulative effects that could adversely affect public health and/or impair ecological functioning;

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(ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate

in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable

to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private

and public wells, unless broader use is approved by the general assembly. The department shall

report to the general assembly not later than March 15, 2008, with regard to the development and

application of the standards and methods in Jamestown;

     (15) To establish and enforce minimum standards for permissible types of septage,

industrial-waste disposal sites, and waste-oil disposal sites;

     (16) To establish minimum standards, subject to the approval of the environmental

standards board, for permissible types of refuse disposal facilities; the design, construction,

operation, and maintenance of disposal facilities; and the location of various types of facilities;

     (17) To exercise all functions, powers, and duties necessary for the administration of

chapter 19.1 of title 23 entitled “Rhode Island Hazardous Waste Management Act”;

     (18) To designate, in writing, any person in any department of the state government or any

official of a district, county, city, town, or other governmental unit, with that official’s consent, to

enforce any rule, regulation, or order promulgated and adopted by the director under any provision

of law; provided, however, that enforcement of powers of the coastal resources management

council shall be assigned only to employees of the department of environmental management,

except by mutual agreement or as otherwise provided in chapter 23 of title 46;

     (19) To issue and enforce the rules, regulations, and orders as may be necessary to carry

out the duties assigned to the director and the department by any provision of law; and to conduct

investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to

enforce those rules, regulations, and orders. Any license suspended under the rules, regulations,

and/or orders shall be terminated and revoked if the conditions that led to the suspension are not

corrected to the satisfaction of the director within two (2) years; provided that written notice is

given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of

termination.

     Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a

contested licensing matter shall occur where resolution substantially deviates from the original

application unless all interested parties shall be notified of the proposed resolution and provided

with opportunity to comment upon the resolution pursuant to applicable law and any rules and

regulations established by the director;

     (20) To enter, examine, or survey, at any reasonable time, places as the director deems

necessary to carry out the director’s responsibilities under any provision of law subject to the

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following provisions:

     (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a

search warrant from an official of a court authorized to issue warrants, unless a search without a

warrant is otherwise allowed or provided by law;

     (ii)(A) All administrative inspections shall be conducted pursuant to administrative

guidelines promulgated by the department in accordance with chapter 35 of this title;

     (B) A warrant shall not be required for administrative inspections if conducted under the

following circumstances, in accordance with the applicable constitutional standards:

     (I) For closely regulated industries;

     (II) In situations involving open fields or conditions that are in plain view;

     (III) In emergency situations;

     (IV) In situations presenting an imminent threat to the environment or public health, safety,

or welfare;

     (V) If the owner, operator, or agent in charge of the facility, property, site, or location

consents; or

     (VI) In other situations in which a warrant is not constitutionally required.

     (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the

director in the director’s discretion deems it advisable, an administrative search warrant, or its

functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of

conducting an administrative inspection. The warrant shall be issued in accordance with the

applicable constitutional standards for the issuance of administrative search warrants. The

administrative standard of probable cause, not the criminal standard of probable cause, shall apply

to applications for administrative search warrants;

     (I) The need for, or reliance upon, an administrative warrant shall not be construed as

requiring the department to forfeit the element of surprise in its inspection efforts;

     (II) An administrative warrant issued pursuant to this subsection must be executed and

returned within ten (10) days of its issuance date unless, upon a showing of need for additional

time, the court orders otherwise;

     (III) An administrative warrant may authorize the review and copying of documents that

are relevant to the purpose of the inspection. If documents must be seized for the purpose of

copying, and the warrant authorizes the seizure, the person executing the warrant shall prepare an

inventory of the documents taken. The time, place, and manner regarding the making of the

inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the

inventory shall be delivered to the person from whose possession or facility the documents were

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taken. The seized documents shall be copied as soon as feasible under circumstances preserving

their authenticity, then returned to the person from whose possession or facility the documents were

taken;

     (IV) An administrative warrant may authorize the taking of samples of air, water, or soil

or of materials generated, stored, or treated at the facility, property, site, or location. Upon request,

the department shall make split samples available to the person whose facility, property, site, or

location is being inspected;

     (V) Service of an administrative warrant may be required only to the extent provided for

in the terms of the warrant itself, by the issuing court.

     (D) Penalties. Any willful and unjustified refusal of right of entry and inspection to

department personnel pursuant to an administrative warrant shall constitute a contempt of court and

shall subject the refusing party to sanctions, which in the court’s discretion may result in up to six

(6) months’ imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per

refusal;

     (21) To give notice of an alleged violation of law to the person responsible therefor

whenever the director determines that there are reasonable grounds to believe that there is a

violation of any provision of law within the director’s jurisdiction or of any rule or regulation

adopted pursuant to authority granted to the director. Nothing in this chapter shall limit the authority

of the attorney general to prosecute offenders as required by law;

     (i) The notice shall provide for a time within which the alleged violation shall be remedied,

and shall inform the person to whom it is directed that a written request for a hearing on the alleged

violation may be filed with the director within twenty (20) days after service of the notice. The

notice will be deemed properly served upon a person if a copy thereof is served the person

personally; or sent by registered or certified mail to the person’s last known address; or if the person

is served with notice by any other method of service now or hereafter authorized in a civil action

under the laws of this state. If no written request for a hearing is made to the director within twenty

(20) days of the service of notice, the notice shall automatically become a compliance order;

     (ii)(A) Whenever the director determines that there exists a violation of any law, rule, or

regulation within the director’s jurisdiction that requires immediate action to protect the

environment, the director may, without prior notice of violation or hearing, issue an immediate-

compliance order stating the existence of the violation and the action the director deems necessary.

The compliance order shall become effective immediately upon service or within such time as is

specified by the director in such order. No request for a hearing on an immediate-compliance order

may be made;

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     (B) Any immediate-compliance order issued under this section without notice and prior

hearing shall be effective for no longer than forty-five (45) days; provided, however, that for good

cause shown, the order may be extended one additional period not exceeding forty-five (45) days;

     (iii) The director may, at the director’s discretion and for the purposes of timely and

effective resolution and return to compliance, cite a person for alleged noncompliance through the

issuance of an expedited citation in accordance with § 42-17.6-3(c);

     (iv) If a person upon whom a notice of violation has been served under the provisions of

this section or if a person aggrieved by any such notice of violation requests a hearing before the

director within twenty (20) days of the service of notice of violation, the director shall set a time

and place for the hearing, and shall give the person requesting that hearing at least five (5) days’

written notice thereof. After the hearing, the director may make findings of fact and shall sustain,

modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that

decision shall be deemed a compliance order and shall be served upon the person responsible in

any manner provided for the service of the notice in this section;

     (v) The compliance order shall state a time within which the violation shall be remedied,

and the original time specified in the notice of violation shall be extended to the time set in the

order;

     (vi) Whenever a compliance order has become effective, whether automatically where no

hearing has been requested, where an immediate-compliance order has been issued, or upon

decision following a hearing, the director may institute injunction proceedings in the superior court

of the state for enforcement of the compliance order and for appropriate temporary relief, and in

that proceeding, the correctness of a compliance order shall be presumed and the person attacking

the order shall bear the burden of proving error in the compliance order, except that the director

shall bear the burden of proving in the proceeding the correctness of an immediate-compliance

order. The remedy provided for in this section shall be cumulative and not exclusive and shall be

in addition to remedies relating to the removal or abatement of nuisances or any other remedies

provided by law;

     (vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30)

days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to

review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the

petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of

certiorari;

     (22) To impose administrative penalties in accordance with the provisions of chapter 17.6

of this title and to direct that such penalties be paid into the account established by subsection (26);

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     (23) The following definitions shall apply in the interpretation of the provisions of this

chapter:

     (i) Director: The term “director” shall mean the director of environmental management of

the state of Rhode Island or the director’s duly authorized agent;

     (ii) Person: The term “person” shall include any individual, group of individuals, firm,

corporation, association, partnership, or private or public entity, including a district, county, city,

town, or other governmental unit or agent thereof, and in the case of a corporation, any individual

having active and general supervision of the properties of the corporation;

     (iii) Service:

     (A) Service upon a corporation under this section shall be deemed to include service upon

both the corporation and upon the person having active and general supervision of the properties

of the corporation;

     (B) For purposes of calculating the time within which a claim for a hearing is made

pursuant to subsection (21)(i), service shall be deemed to be the date of receipt of such notice or

three (3) days from the date of mailing of the notice, whichever shall first occur;

     (24)(i) To conduct surveys of the present private and public camping and other recreational

areas available and to determine the need for and location of other camping and recreational areas

as may be deemed necessary and in the public interest of the state of Rhode Island and to report

back its findings on an annual basis to the general assembly on or before March 1 of every year;

     (ii) Additionally, the director of the department of environmental management shall take

additional steps, including, but not limited to, matters related to funding as may be necessary to

establish such other additional recreational facilities and areas as are deemed to be in the public

interest;

     (25)(i) To apply for and accept grants and bequests of funds, with the approval of the

director of administration, from other states, interstate agencies, and independent authorities, and

private firms, individuals, and foundations, for the purpose of carrying out the director’s lawful

responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt

account created in the natural resources program for funds made available for that program’s

purposes or in a restricted receipt account created in the environmental protection program for

funds made available for that program’s purposes. All expenditures from the accounts shall be

subject to appropriation by the general assembly, and shall be expended in accordance with the

provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the

event that the trust account balance shows a surplus after the project as provided for in the grant or

bequest has been completed, the director may utilize the appropriated unspecified or appropriated

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surplus funds for enhanced management of the department’s forest and outdoor public recreation

areas, or other projects or programs that promote the accessibility of recreational opportunities for

Rhode Island residents and visitors;

     (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by

October 1 of each year, a detailed report on the amount of funds received and the uses made of such

funds;

     (26) To establish fee schedules by regulation, with the approval of the governor, for the

processing of applications and the performing of related activities in connection with the

department’s responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to

inspections performed by the department to determine compliance with chapter 19.1 and rules and

regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections

performed by the department to determine compliance with chapter 18.9 and the rules and

regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of

title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant

to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and

administration of underground storage tanks and all other programs administered under chapter 12

of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46, insofar as

they relate to any reviews and related activities performed under the provisions of the Groundwater

Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury-

added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all

enforcement, permitting, and licensing matters to the administrative adjudication division for

environmental matters. Two (2) fee ranges shall be required: for “Appeal of enforcement actions,”

a range of fifty dollars ($50) to one hundred dollars ($100), and for “Appeal of application

decisions,” a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies

from the administrative adjudication fees will be deposited as general revenues and the amounts

appropriated shall be used for the costs associated with operating the administrative adjudication

division.

     There is hereby established an account within the general fund to be called the water and

air protection program. The account shall consist of sums appropriated for water and air pollution

control and waste-monitoring programs and the state controller is hereby authorized and directed

to draw his or her orders upon the general treasurer for the payment of the sums, or portions thereof,

as may be required, from time to time, upon receipt by him or her of properly authenticated

vouchers. All amounts collected under the authority of this subsection (26) for the sewage-disposal-

system program and freshwater wetlands program will be deposited as general revenues and the

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amounts appropriated shall be used for the purposes of administering and operating the programs.

The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of

each year a detailed report on the amount of funds obtained from fines and fees and the uses made

of the funds;

     (27) To establish and maintain a list or inventory of areas within the state worthy of special

designation as “scenic” to include, but not be limited to, certain state roads or highways, scenic

vistas, and scenic areas, and to make the list available to the public;

     (28) To establish and maintain an inventory of all interests in land held by public and

private land trust and to exercise all powers vested herein to ensure the preservation of all identified

lands;

     (i) The director may promulgate and enforce rules and regulations to provide for the orderly

and consistent protection, management, continuity of ownership and purpose, and centralized

records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part

through other interests, rights, or devices such as conservation easements or restrictions, by private

and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each

document submitted by a land trust;

     (ii) The term “public land trust” means any public instrumentality created by a Rhode

Island municipality for the purposes stated herein and financed by means of public funds collected

and appropriated by the municipality. The term “private land trust” means any group of five (5) or

more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a

nonbusiness corporation for the purposes stated herein, or a national organization such as the nature

conservancy. The main purpose of either a public or a private land trust shall be the protection,

acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features,

areas, or open space for the purpose of managing or maintaining, or causing to be managed or

maintained by others, the land, water, and other natural amenities in any undeveloped and relatively

natural state in perpetuity. A private land trust must be granted exemption from federal income tax

under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its

incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A

private land trust may not be incorporated for the exclusive purpose of acquiring or accepting

property or rights in property from a single individual, family, corporation, business, partnership,

or other entity. Membership in any private land trust must be open to any individual subscribing to

the purposes of the land trust and agreeing to abide by its rules and regulations including payment

of reasonable dues;

     (iii)(A) Private land trusts will, in their articles of association or their bylaws, as

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appropriate, provide for the transfer to an organization, created for the same or similar purposes, of

the assets, lands and land rights, and interests held by the land trust in the event of termination or

dissolution of the land trust;

     (B) All land trusts, public and private, will record in the public records, of the appropriate

towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other interests

and rights acquired in land and will also file copies of all such documents and current copies of

their articles of association, their bylaws, and their annual reports with the secretary of state and

with the director of the Rhode Island department of environmental management. The director is

hereby directed to establish and maintain permanently a system for keeping records of all private

and public land trust land holdings in Rhode Island;

     (29) The director will contact in writing, not less often than once every two (2) years, each

public or private land trust to ascertain: that all lands held by the land trust are recorded with the

director; the current status and condition of each land holding; that any funds or other assets of the

land trust held as endowment for specific lands have been properly audited at least once within the

two-year (2) period; the name of the successor organization named in the public or private land

trust’s bylaws or articles of association; and any other information the director deems essential to

the proper and continuous protection and management of land and interests or rights in land held

by the land trust. In the event that the director determines that a public or private land trust holding

land or interest in land appears to have become inactive, the director shall initiate proceedings to

effect the termination of the land trust and the transfer of its lands, assets, land rights, and land

interests to the successor organization named in the defaulting trust’s bylaws or articles of

association or to another organization created for the same or similar purposes. Should such a

transfer not be possible, then the land trust, assets, and interest and rights in land will be held in

trust by the state of Rhode Island and managed by the director for the purposes stated at the time

of original acquisition by the trust. Any trust assets or interests other than land or rights in land

accruing to the state under such circumstances will be held and managed as a separate fund for the

benefit of the designated trust lands;

     (30) Consistent with federal standards, issue and enforce such rules, regulations, and orders

as may be necessary to establish requirements for maintaining evidence of financial responsibility

for taking corrective action and compensating third parties for bodily injury and property damage

caused by sudden and non-sudden accidental releases arising from operating underground storage

tanks;

     (31) To enforce, by such means as provided by law, the standards for the quality of air, and

water, and the location, design, construction, and operation of all underground storage facilities

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used for storing petroleum products or hazardous materials; any order or notice issued by the

director relating to the location, design, construction, operation, or maintenance of an underground

storage facility used for storing petroleum products or hazardous materials shall be eligible for

recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or

town wherein the subject facility is located, and the order or notice shall be recorded in the general

index by the appropriate municipal officer in the land evidence records in the city or town wherein

the subject facility is located. Any subsequent transferee of that facility shall be responsible for

complying with the requirements of the order or notice. Upon satisfactory completion of the

requirements of the order or notice, the director shall provide written notice of the same, which

notice shall be eligible for recordation. The original, written notice shall be forwarded to the city

or town wherein the subject facility is located, and the notice of satisfactory completion shall be

recorded in the general index by the appropriate municipal official in the land evidence records in

the city or town wherein the subject facility is located. A copy of the written notice shall be

forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any

event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction;

     (32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in

accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank

Financial Responsibility Act, as amended;

     (33) To support, facilitate, and assist the Rhode Island Natural History Survey, as

appropriate and/or as necessary, in order to accomplish the important public purposes of the survey

in gathering and maintaining data on Rhode Island natural history; making public presentations and

reports on natural history topics; ranking species and natural communities; monitoring rare species

and communities; consulting on open-space acquisitions and management plans; reviewing

proposed federal and state actions and regulations with regard to their potential impact on natural

communities; and seeking outside funding for wildlife management, land management, and

research;

     (34) To promote the effective stewardship of lakes, ponds, rivers, and streams including,

but not limited to, collaboration with watershed organizations and associations of lakefront property

owners on planning and management actions that will prevent and mitigate water quality

degradation, reduce the loss of native habitat due to infestation of non-native species, abate

nuisance conditions that result from excessive growth of algal or non-native plant species as well

as promote healthy freshwater riverine ecosystems;

     (35) In implementing the programs established pursuant to this chapter, to identify critical

areas for improving service to customers doing business with the department, and to develop and

LC004492 - Page 13 of 33

implement strategies to improve performance and effectiveness in those areas. Key aspects of a

customer-service program shall include, but not necessarily be limited to, the following

components:

     (i) Maintenance of an organizational unit within the department with the express purpose

of providing technical assistance to customers and helping customers comply with environmental

regulations and requirements;

     (ii) Maintenance of an employee training program to promote customer service across the

department;

     (iii) Implementation of a continuous business process evaluation and improvement effort,

including process reviews to encourage development of quality proposals; ensure timely and

predictable reviews; and result in effective decisions and consistent follow up and implementation

throughout the department; and publish an annual report on such efforts;

     (iv) Creation of a centralized location for the acceptance of permit applications and other

submissions to the department;

     (v) Maintenance of a process to promote, organize, and facilitate meetings prior to the

submission of applications or other proposals in order to inform the applicant on options and

opportunities to minimize environmental impact; improve the potential for sustainable

environmental compliance; and support an effective and efficient review and decision-making

process on permit applications related to the proposed project;

     (vi) Development of single permits under multiple authorities otherwise provided in state

law to support comprehensive and coordinated reviews of proposed projects. The director may

address and resolve conflicting or redundant process requirements in order to achieve an effective

and efficient review process that meets environmental objectives; and

     (vii) Exploration of the use of performance-based regulations coupled with adequate

inspection and oversight, as an alternative to requiring applications or submissions for approval

prior to initiation of projects;

     (36) To formulate and promulgate regulations requiring any dock or pier longer than twenty

feet (20′) and located on a freshwater lake or pond to be equipped with reflective materials, on all

sides facing the water, of an appropriate width and luminosity such that it can be seen by operators

of watercraft;

     (37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel

additive required or regulated by the department if the director finds that:

     (i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the

New England region that prevent the distribution of an adequate supply of the fuel or fuel additive

LC004492 - Page 14 of 33

to consumers;

     (ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural

disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not

reasonably have been foreseen; and

     (iii) It is in the public interest to grant the waiver.

     Any temporary waiver shall be made in writing and shall be effective for twenty (20)

calendar days; provided, that the director may renew the temporary waiver, in writing, if it is

deemed necessary; and

     (38)(i) To designate by rule certain waters of the state as shellfish or marine life project

management areas for the purpose of enhancing the cultivation and growth of marine species,

managing the harvest of marine species, facilitating the conduct by the department of experiments

in planting, cultivating, propagating, managing, and developing any and all kinds of marine life,

and any other related purpose.

     (ii) Any such designation shall be by reference to fixed landmarks and include an explicit

description of the area to be designated.

     (iii) Once so designated, the director may adopt rules and regulations addressing

restrictions on the quantities, types, or sizes of marine species that may be taken in any individual

management area, the times during which marine species may be taken, the manner or manners in

that marine species may be taken, the closure of such area to the taking of marine species, or any

other specific restrictions as may be deemed necessary. Such rules shall be exempt from the

requirements of §§ 42-35-2.7, 42-35-2.8, and 42-35-2.9.

     (iv) The director, upon the designation of a management area, may place any stakes,

bounds, buoys, or markers with the words “Rhode Island department of environmental

management” plainly marked on them, as will approximate the management area. Failure to place

or maintain the stakes, bounds, buoys, or markers shall not be admissible in any judicial or

administrative proceeding.

     (v) Nothing in this section shall prevent the director from implementing emergency rules

pursuant to § 42-35-2.10.

     (39) To enter into agreements with such departments, divisions, agencies, or boards of the

state to regulate, manage, or perform related functions on any lands or waters acquired under the

provisions of the Big River — Wood River Reservoir Site Acquisition Act (P.L. 1964, ch. 133) and

the Big River Reservoir Moratorium, § 37-20-1.

     SECTION 3. Sections 42-64.20-5 and 42-64.20-10 of the General Laws in Chapter 42-

64.20 entitled "Rebuild Rhode Island Tax Credit" are hereby amended to read as follows:

LC004492 - Page 15 of 33

     42-64.20-5. Tax credits.

     (a) An applicant meeting the requirements of this chapter may be allowed a credit as set

forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of

the general laws for a qualified development project.

     (b) To be eligible as a qualified development project entitled to tax credits, an applicant’s

chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the

time of application, that:

     (1) The applicant has committed a capital investment or owner equity of not less than

twenty percent (20%) of the total project cost;

     (2) There is a project financing gap in which after taking into account all available private

and public funding sources, the project is not likely to be accomplished by private enterprise

without the tax credits described in this chapter; and

     (3) The project fulfills the state’s policy and planning objectives and priorities in that:

     (i) The applicant will, at the discretion of the commerce corporation, obtain a tax

stabilization agreement from the municipality in which the real estate project is located on such

terms as the commerce corporation deems acceptable;

     (ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied

by at least one business employing at least 25 full-time employees after construction or such

additional full-time employees as the commerce corporation may determine; (B) Is a multi-family

residential development in a new, adaptive reuse, certified historic structure, or recognized

historical structure consisting of at least 20,000 square feet and having at least 20 residential units

in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic

structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at

least one business, subject to further definition through rules and regulations promulgated by the

commerce corporation; and

     (iii) Involves a total project cost of not less than $5,000,000, except for a qualified

development project located in a hope community or redevelopment area designated under § 45-

32-4 in which event the commerce corporation shall have the discretion to modify the minimum

project cost requirement.

     (4) Until July 1, 2025, pursuant to P.L. 2022 ch. 271 and P.L. 2022 ch. 272, for construction

projects in excess of ten million dollars ($10,000,000), all construction workers shall be paid in

accordance with the wages and benefits required pursuant to chapter 13 of title 37 with all

contractors and subcontractors required to file certified payrolls on a monthly basis for all work

completed in the preceding month on a uniform form prescribed by the director of labor and

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training. Failure to follow the requirements pursuant to chapter 13 of title 37 shall constitute a

material violation and a material breach of the agreement with the state. The commerce corporation,

in consultation with the director of labor and training and the tax administrator, shall promulgate

such rules and regulations as are necessary to implement the enforcement of this subsection. The

provisions of this subsection shall expire and sunset on July 1, 2025.

     (5) Notwithstanding any general or special law or rule or regulation to the contrary, for

construction projects that have executed a tax credit agreement on or after July 1, 2025, and

involving a budget of direct hard construction costs (as defined in § 44-33.6-2) in excess of twenty-

five million dollars ($25,000,000), all construction workers shall be paid in accordance with the

wages and benefits required pursuant to chapter 13 of title 37 with all contractors and

subcontractors required to file certified payrolls on a monthly basis for all work completed in the

preceding month on a uniform form prescribed by the director of labor and training. Failure to

follow the requirements pursuant to chapter 13 of title 37 shall constitute a material violation and

a material breach of the agreement with the state. The commerce corporation, in consultation with

the director of labor and training and the tax administrator, shall promulgate such rules and

regulations as are necessary to implement the enforcement of this subsection.

     (c) The commerce corporation shall develop separate, streamlined application processes

for the issuance of rebuild RI tax credits for each of the following:

     (1) Qualified development projects that involve certified historic structures;

     (2) Qualified development projects that involve recognized historical structures;

     (3) Qualified development projects that involve at least one manufacturer; and

     (4) Qualified development projects that include affordable housing or workforce housing.

     (d) Applications made for a historic structure or recognized historic structure tax credit

under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of

taxation, at the expense of the commerce corporation, shall provide communications from the

commerce corporation to those who have applied for and are in the queue awaiting the offer of tax

credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax

credit program.

     (e) Applicants (1) Who have received the notice referenced in subsection (d) above and

who may be eligible for a tax credit pursuant to chapter 33.6 of title 44; (2) Whose application

involves a certified historic structure or recognized historical structure; or (3) Whose project is

occupied by at least one manufacturer shall be exempt from the requirements of subsections

(b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants:

     (i) The division of taxation shall remain responsible for determining the eligibility of an

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applicant for tax credits awarded under chapter 33.6 of title 44;

     (ii) The commerce corporation shall retain sole authority for determining the eligibility of

an applicant for tax credits awarded under this chapter;

     (iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the

annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this

subsection (e); and

     (iv) No tax credits shall be awarded under this chapter unless the commerce corporation

receives confirmation from the department of labor and training that there has been compliance

with the prevailing wage requirements set forth in subsection (b) of this section.

     (f) Maximum project credit.

     (1) For qualified development projects, the maximum tax credit allowed under this chapter

shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to

close a project financing gap (after taking into account all other private and public funding sources

available to the project), as determined by the commerce corporation.

     (2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax

exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000)

for any qualified development project under this chapter; except as provided in subsection (f)(3) of

this section; provided however, any qualified development project that exceeds the project cap upon

passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further

increased. No building or qualified development project to be completed in phases or in multiple

projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all

phases or projects involved in the rehabilitation of the building. Provided, however, that for

purposes of this subsection and no more than once in a given fiscal year, the commerce corporation

may consider the development of land and buildings by a developer on the “I-195 land” as defined

in § 42-64.24-3(6) as a separate, qualified development project from a qualified development

project by a tenant or owner of a commercial condominium or similar legal interest including

leasehold improvement, fit out, and capital investment. Such qualified development project by a

tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be

exempted from subsection (f)(1)(i) of this section.

     (3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax

exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars

($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter

into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that

project is approved for credits pursuant to this chapter by the commerce corporation.

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     (4) For qualified development projects involving the development of housing and mixed

use projects involving housing which are restricted to require at least twenty percent (20%) of the

housing units being affordable housing or workforce housing development for residents making no

more than between eighty percent (80%) and one hundred twenty percent (120%) of the area

median income (AMI) shall be allowed sales and use tax exemptions of up to thirty percent (30%)

of the maximum project credit in addition to the maximum project credit of fifteen million dollars

($15,000,000) pursuant to this chapter. Any sales and use tax exemptions allowed in addition to the

maximum project credit shall be for purchases made by June 30, 2028.

     (g) Credits available under this chapter shall not exceed twenty percent (20%) of the project

cost, provided, however, that the applicant shall be eligible for additional tax credits of not more

than ten percent (10%) of the project cost, if the qualified development project meets any of the

following criteria or other additional criteria determined by the commerce corporation from time

to time in response to evolving economic or market conditions:

     (1) The project includes adaptive reuse or development of a recognized historical structure;

     (2) The project is undertaken by or for a targeted industry;

     (3) The project is located in a transit-oriented development area;

     (4) The project includes residential development of which at least twenty percent (20%) of

the residential units are designated as affordable housing or workforce housing;

     (5) The project includes the adaptive reuse of property subject to the requirements of the

industrial property remediation and reuse act, § 23-19.14-1 et seq.; or

     (6) The project includes commercial facilities constructed in accordance with the minimum

environmental and sustainability standards, as certified by the commerce corporation pursuant to

Leadership in Energy and Environmental Design or other equivalent standards.

     (h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter,

inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed

two hundred twenty-five million dollars ($225,000,000) two hundred fifty million dollars

($250,000,000), excluding any tax credits allowed pursuant to subsection (f)(3) of this section.

     (i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the

project is placed in service.

     (j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer

in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent

(15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable

year.

     (k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer’s total

LC004492 - Page 19 of 33

tax liability for the year in which the relevant portion of the credit is allowed, the amount that

exceeds the taxpayer’s tax liability may be carried forward for credit against the taxes imposed for

the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed

to a partnership, a limited liability company taxed as a partnership, or multiple owners of property

shall be passed through to the persons designated as partners, members, or owners respectively pro

rata or pursuant to an executed agreement among persons designated as partners, members, or

owners documenting an alternate distribution method without regard to their sharing of other tax

or economic attributes of such entity.

     (l) The commerce corporation, in consultation with the division of taxation, shall establish,

by regulation, the process for the assignment, transfer, or conveyance of tax credits.

     (m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer

for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from

taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller’s tax calculation

for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds,

without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a

natural person, the seller’s tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable,

for the year of revocation, or adjustment, shall be increased by including the total amount of the

sales proceeds without proration.

     (n) The tax credit allowed under this chapter may be used as a credit against corporate

income taxes imposed under chapter 11, 13, 14, or 17 of title 44, or may be used as a credit against

personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such

as a partnership, a limited liability company taxed as a partnership, or multiple owners of property.

     (o) In the case of a corporation, this credit is only allowed against the tax of a corporation

included in a consolidated return that qualifies for the credit and not against the tax of other

corporations that may join in the filing of a consolidated tax return.

     (p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem

this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division

of taxation, in consultation with the commerce corporation, shall establish by regulation a

redemption process for tax credits.

     (q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the

commerce corporation, be exempt from sales and use taxes imposed on the purchase of the

following classes of personal property only to the extent utilized directly and exclusively in the

project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles;

or (2) Other materials, including construction materials and supplies, that are depreciable and have

LC004492 - Page 20 of 33

a useful life of one year or more and are essential to the project.

     (r) The commerce corporation shall promulgate rules and regulations for the administration

and certification of additional tax credit under subsection (g), including criteria for the eligibility,

evaluation, prioritization, and approval of projects that qualify for such additional tax credit.

     (s) The commerce corporation shall not have any obligation to make any award or grant

any benefits under this chapter.

     42-64.20-10. Sunset.

     No credits shall be authorized to be reserved pursuant to this chapter after December 31,

2026 December 31, 2028.

     SECTION 4. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode

Island Tax Increment Financing" is hereby amended to read as follows:

     42-64.21-9. Sunset.

     The commerce corporation shall enter into no agreement under this chapter after December

31, 2026 December 31, 2028.

     SECTION 5. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax

Stabilization Incentive" is hereby amended to read as follows:

     42-64.22-15. Sunset.

     The commerce corporation shall enter into no agreement under this chapter after December

31, 2026 December 31, 2028.

     SECTION 6. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First

Wave Closing Fund" is hereby amended to read as follows:

     42-64.23-8. Sunset.

     No financing shall be authorized to be reserved pursuant to this chapter after December 31,

2026 December 31, 2028.

     SECTION 7. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195

Redevelopment Project Fund" is hereby amended to read as follows:

     42-64.24-8. Sunset.

     No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant

to this chapter after December 31, 2026 December 31, 2028.

     SECTION 8. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled "Stay

Invested in RI Wavemaker Fellowships" is hereby amended to read as follows:

     42-64.26-12. Sunset.

     No incentives or credits shall be authorized pursuant to this chapter after December 31,

2026 December 31, 2028.

LC004492 - Page 21 of 33

     SECTION 9. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main

Street Rhode Island Streetscape Improvement Fund" is hereby amended to read as follows:

     42-64.27-6. Sunset.

     No incentives shall be authorized pursuant to this chapter after December 31, 2026

December 31, 2028.

     SECTION 10. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled

"Innovation Initiative" is hereby amended to read as follows:

     42-64.28-10. Sunset.

     No vouchers, grants, or incentives shall be authorized pursuant to this chapter after

December 31, 2026 December 31, 2028.

     SECTION 11. Chapter 42-140 of the General Laws entitled "Rhode Island Energy

Resources Act" is hereby amended by adding thereto the following section:

     42-140-13. Energy benchmarking and performance standards program.

     (a) Definitions. For the purposes of this section:

     (1) “Departments” means all state departments whose directors are enumerated in § 42-6-

3 and shall additionally include the executive office of health and human services, the executive

office of commerce, and the executive office of housing.

     (2) “Public buildings” means all municipal and school buildings owned by a municipality

that are at least twenty-five thousand gross square feet (25,000 GSF).

     (3) “State-owned, state-occupied facilities” means buildings owned by the state that

primarily contain offices or other administrative work space for state employees and are at least

twenty-five thousand gross square feet (25,000 GSF).

     (b) State facilities energy usage reporting:

     (1) State departments, coordinated and supported by the office of energy resources, shall

be required to measure and report monthly energy usage by energy source for their respective state-

owned, state-occupied facilities, as well as the gross square footage for each building.

     (2) Beginning March 31, 2030, and recurring annually thereafter, departments, coordinated

and supported by the office of energy resources, shall report to the office energy use data by source

for state-owned, state-occupied facilities for the preceding calendar year. No later than one hundred

eighty (180) days from the March 31 reporting deadline each year, the office shall compile, publish

and post on its website each facility’s energy use data by fuel and total emissions.

     (c) State facilities benchmarking and performance standards program:

     (1) Utilizing the data due March 31, 2030, in subsection (b)(2) of this section, the office of

energy resources shall, with consultation from departments, develop and publish performance

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standards for state-owned, state-occupied facilities by March 31, 2031, and may update the

performance standards and any revision to the standards thereafter. The performance standards

published shall include:

     (i) An annualized emissions standard based on energy usage for each state-owned, state-

occupied facility as necessary, to achieve by specified dates;

     (ii) A schedule for compliance terminating in 2050; and

     (iii) The cost-benefit analysis used to determine which state-owned, state-occupied

facilities are assigned performance standards, as set forth in subsection (c)(2) of this section.

     (2) The performance standards shall be determined by evaluating:

     (i) The total amount of emissions reductions that could be achieved while maintaining state

operations;

     (ii) The relative contribution of the emissions reductions to decadal targets established by

§ 42-6.2-2 compared to other strategies, programs, and actions established by the executive climate

change coordinating council in its plan due December 31, 2025, in accordance with § 42-6.2-

2(a)(2)(i); and

     (iii) The fiscal impacts of achieving the performance standards.

     (3) The departments shall meet the performance standards set in accordance with

subsection (c)(2) of this section. No later than ninety (90) days after each specified compliance date

established in accordance with subsection (c)(1) of this section, the office of energy resources shall

publish a performance standards compliance report demonstrating the status of each state-owned,

state-occupied facility subject to a performance standard and post on its website. In the event that

a state-owned, state-occupied facility fails to meet a performance standard, the office of energy

resources shall provide a corrective action plan with which the state-owned, state-occupied facility

shall comply within ninety (90) days of the compliance deadline.

     (4) Subsections (c)(1), (c)(2), and (c)(3) of this section shall not apply to state-owned, state-

occupied facilities which the office and department of administration determine are not suitable

candidates for achieving greenhouse gas emission reductions due to economic infeasibility or

unique operational or physical limitations. Any such determinations shall be published in addition

to the standards required in subsection (c)(2) of this section and posted on the office’s website.

     (d) Voluntary energy benchmarking program for public buildings:

     (1) The office of energy resources shall provide technical and financial assistance to

municipalities for a voluntary public buildings energy benchmarking program of public buildings

on municipal properties in which buildings are greater than twenty-five thousand gross square feet

(25,000 GSF).

LC004492 - Page 23 of 33

     (2) The office of energy resources shall maintain a website that tracks its implementation

of the voluntary public buildings energy benchmarking program. The office shall submit to the

governor and general assembly by May 1, 2029, and annually thereafter a progress report on the

voluntary public buildings energy benchmarking program.

     SECTION 12. Section 42-140-3 of the General Laws in Chapter 42-140 entitled "Rhode

Island Energy Resources Act" is hereby amended to read as follows:

     42-140-3. Purposes.

     The purposes of the office shall be to:

     (1) Develop and put into effect plans and programs to promote, encourage, and assist the

provision of energy resources for Rhode Island in a manner that enhances economic well-being,

social equity, and environmental quality;

     (2) Monitor, forecast, and report on energy use, energy prices, and energy demand and

supply forecasts, and make findings and recommendations with regard to energy supply diversity,

reliability, and procurement, including least-cost procurement;

     (3) Develop and to put into effect plans and programs to promote, encourage, and assist

the efficient and productive use of energy resources in Rhode Island, and to coordinate energy

programs for natural gas, electricity, and heating oil to maximize the aggregate benefits of

conservation and efficiency of investments;

     (4) Monitor and report technological developments that may result in new and/or improved

sources of energy supply, increased energy efficiency, and reduced environmental impacts from

energy supply, transmission, and distribution;

     (5) Administer the programs, duties, and responsibilities heretofore exercised by the state

energy office, except as these may be assigned by executive order or the general laws to other

departments and agencies of state government;

     (6) Develop, recommend, and, as appropriate, implement integrated and/or comprehensive

strategies, including at regional and federal levels, to secure Rhode Island’s interest in energy

resources, their supply and efficient use, and as necessary to interact with persons, private sector,

nonprofit, regional, federal entities and departments and agencies of other states to effectuate this

purpose;

     (7) Cooperate with agencies, departments, corporations, and entities of the state and of

political subdivisions of the state in achieving its purposes;

     (8) Cooperate with and assist the state planning council and the division of state planning

in developing, maintaining, and implementing state guide plan elements pertaining to energy and

renewable energy;

LC004492 - Page 24 of 33

     (9) Coordinate the energy efficiency, least-cost procurement, and systems reliability plans

and programs with the energy efficiency and resources management council;

     (10) Participate in, monitor implementation of, and provide technical assistance for the

low-income home energy assistance program enhancement plan established pursuant to § 39-1-

27.12;

     (11) Participate in and monitor the distributed generation standard contracts program

pursuant to chapter 26.2 of title 39;

     (12) Coordinate opportunities with and enter into contracts and/or agreements with the

commerce corporation associated with the energy efficiency, least-cost procurement, system

reliability, and renewable energy fund programs;

     (13) Provide support and information to the division of planning and the state planning

council in the development of a ten-year (10) Rhode Island Energy Guide Plan, which shall be

reviewed and amended if necessary every five (5) years;

     (14) Administer the federal Weatherization Assistance Program and any state or privately

funded weatherization program;

     (14)(15) Advise and provide technical assistance to state and federally funded energy

programs to support:

     (i) The federal low-income home energy assistance program which provides heating

assistance to eligible low-income persons and any state funded or privately funded heating

assistance program of a similar nature assigned to it for administration;

     (ii) The weatherization assistance program which offers home weatherization grants and

heating system upgrades to eligible persons of low-income;

     (iii) The emergency fuel program which provides oil deliveries to families experiencing a

heating emergency;

     (iv) The energy conservation program, which offers service and programs to all sectors;

     (v) [Deleted by P.L. 2008, ch. 228, § 2, and P.L. 2008, ch. 422, § 2.]

     (15) Advise the commerce corporation in the development of standards and rules for the

solicitation and award of renewable energy program investment funds in accordance with § 42-64-

13.2;

     (16) Develop, recommend, and evaluate energy programs for state facilities and operations

in order to achieve and demonstrate the benefits of energy-efficiency, diversification of energy

supplies, energy conservation, and demand management; and

     (17) Advise the governor and the general assembly with regard to energy resources and all

matters relevant to achieving the purposes of the office; and

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     (18) Administer and implement all state energy bond referendums that are approved.

     SECTION 13. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode

Island New Qualified Jobs Incentive Act 2015" is hereby amended to read as follows:

     44-48.3-14. Sunset.

     No credits shall be authorized to be reserved pursuant to this chapter after December 31,

2026 December 31, 2028.

     SECTION 14. Chapter 46-15.1 of the General Laws entitled "Water Supply Facilities" is

hereby amended by adding thereto the following section:

     46-15.1-23. Transfer of powers and functions from the water resources board for Big

River Reservoir administration.

     The administration of lands acquired for the Big River Reservoir, as established under

section 23 of chapter 133 of the Public Laws of 1964, are hereby transferred to the department of

environmental management; provided however, all other general authority granted to the water

resource board in chapters 15 and 15.1 of title 46 is hereby retained by the water resource board.

     SECTION 15. Section 46-15.1-5 of the General Laws in Chapter 46-15.1 entitled "Water

Supply Facilities" is hereby amended to read as follows:

     46-15.1-5. Powers.

     (a) The board shall carry out its functions and shall have the following powers:

     (1) To adopt a seal and to alter the seal from time to time;

     (2) To sue and be sued;

     (3) To purchase, hold, and dispose of real and personal property, or interests therein, and

to lease the property as lessee or lessor;

     (4) To make or cause to be made such surveys and borings as it may deem necessary;

     (5) To engage engineering, legal, accounting, and other professional services;

     (6) To make contracts;

     (7) To employ personnel and fix their rates of compensation;

     (8) To borrow money and issue its bonds and notes as hereinafter provided;

     (9) To apply and contract for and to expend assistance from the United States or other

sources, whether in the form of a grant or loan or otherwise;

     (10) To adopt and amend bylaws for the regulation of its affairs and the conduct of its

business;

     (11) To invest or deposit funds in demand deposits, savings deposits, and time deposits in

any bank or trust company which is a member of the Federal Deposit Insurance Corporation or in

any obligations issued or guaranteed by the United States or any agency or instrumentality thereof,

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or as provided in § 35-10-11;

     (12) To establish, operate, and maintain or lease to others, or contract with others for the

use of, such water supply facilities as may be reasonably required for the fulfillment of its purposes;

     (13) To purchase and sell water;

     (14) To exercise such other powers as may be necessary or incidental to the exercise of the

foregoing powers or to the accomplishment of the purposes of the board;

     (15) To acquire, within the limitation of funds therefor, the sites, appurtenant marginal

lands, dams, waters, water rights, rights of way, easements, and other property in interests in

property for reservoirs, groundwater wells, well sites, and for such pipe lines, aqueducts, pumping

stations, filtration plants, and auxiliary structures as may be necessary or desirable for the treatment

and distribution of water from those reservoirs, groundwater wells, and well sites. Lands acquired

under the provisions of this section shall be acquired with the approval of the governor by purchase,

gift, devise, or otherwise on such terms and conditions as the board shall determine, or by the

exercise of eminent domain, in accordance with the provisions of chapter 6 of title 37, as amended,

insofar as those provisions are consistent with the provisions hereof;

     (16) To construct or purchase water reservoirs, wells and well sites, processing facilities,

transmission or distribution systems, and other facilities, including existing facilities of municipal

water agencies or departments, special water districts, or private water companies, necessary to

accomplish the purposes of this chapter and to implement its plans and program;

     (17) To acquire the assets, assume the liabilities, or to effect the merger into itself of any

corporation or other organization, including public or private water supply systems incorporated or

organized under the laws of this state, which corporation or organization has as its principal

business the establishment of water supply facilities or provision of related services, all upon such

terms and for such consideration as the board shall deem to be appropriate;

     (18) To lease, sell, or otherwise convey any reservoir sites or other water supply or

distribution facilities acquired, constructed, or purchased by the board to any municipal water

agency or department or special water district or private water company, upon such terms as the

board shall deem appropriate;

     (19) To provide for cooperative development, conservation, and use of water resources by

the state, municipal agencies or departments, special water districts or privately owned water

systems, the board may:

     (i) Authorize publicly or privately owned water supply agencies to build structures or

install equipment on land owned or leased by the board.

     (ii) Enter into contracts with publicly or privately owned water supply agencies for

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operation of any facilities owned or leased by the board or operate any such facility by itself.

     (20) To enter into contracts to supply raw or processed water to publicly or privately owned

water supply agencies, which shall be approved as to substance by the director of administration

and as to form by the attorney general;

     (21) To review all plans and proposals for construction or installation of facilities for water

supply in accordance with the applicable sections of chapter 15 of this title;

     (22) To make loans to publicly owned water supply agencies for acquisition, construction,

and renovation of water supply facilities from funds which may be appropriated for this purpose

by the general assembly, from bonds issued for this purpose, or from other funds which may

become available to the board for this purpose;

     (23) To borrow money temporarily from the water development fund, for the purposes of

this chapter, and to implement its plans and programs relating to reservoir development, exclusive

of the acquisition of sites for the development of surface reservoirs, in anticipation of revenue or

federal aid; and

     (24) To enter into contracts and/or agreements with such departments, divisions, agencies,

or boards of the state as are directed by the governor to regulate, manage, or perform related

functions on any lands or waters acquired under the provisions of the Big River — Wood River

Reservoir Site Acquisition Act (P.L. of 1964, chapter 133); and

     (25) To compensate the departments, divisions, agencies, or boards from the water

development fund in an amount equal to the cost of providing the functions or services as are

directed to be performed by the governor. The compensation shall be mandatory and shall be

provided according to procedures established by the department of administration.

     (b) The board as a body politic and corporate and public instrumentality created pursuant

to this chapter is subject to § 46-15.1-5(1) — (25). The board as the state agency pursuant to chapter

15 of this title is subject to § 46-15.1-5(15) — (25).

     SECTION 16. Section 46-15.1-19.1 of the General Laws in Chapter 46-15.1 entitled

"Water Supply Facilities" is hereby repealed.

     46-15.1-19.1. Big River Reservoir — Administration.

     The Rhode Island water resources board, established pursuant to this chapter and chapter

15 of this title, shall be the only designated agency which will administer those lands acquired for

the Big River Reservoir as established under section 23 of chapter 133 of the Public Laws of 1964.

The director of the department of environmental management and the director’s authorized agents,

employees, and designees shall, together with the water resources board in accordance with the Big

River management area land use plan for the lands, protect the natural resources of the Big River

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Reservoir lands. The lands of the Big River Reservoir are subject to enforcement authority of the

department of environmental management, as provided for in chapter 17.1 of title 42, and as

provided for in title 20 of the General Laws.

     SECTION 17. Sections 46-31.1-1, 46-31.1-2 and 46-31.1-3 of the General Laws in Chapter

46-31.1 entitled "The Rhode Island Bays, Rivers and Watersheds Fund" are hereby amended to

read as follows:

     46-31.1-1. Legislative findings.

     The general assembly hereby finds and declares as follows:

     (1) The bays, rivers, and associated watersheds of Rhode Island are unique and unparalleled

natural resources that provide significant cultural, ecological, and economic benefit to the state.

     (2) Pursuant to the provisions of R.I. Const., art. 1, § 17, it is the duty of the general

assembly to provide for the conservation of the air, land, water, plant, animal, mineral, and other

natural resources of the state; and to adopt all means necessary and proper by law to protect the

natural environment of the people of the state by providing adequate resource planning for the

control and regulation of the use of the natural resources of the state; and for the preservation,

regeneration, and restoration of the natural environment of the state.

     (3) It is in the best interest of the state and its citizens to preserve, protect, and restore our

bays, rivers, lakes, and associated watersheds.

     (4) Sixty percent (60%) of the watershed of Narragansett Bay is within Massachusetts,

almost all of the watershed of Mount Hope Bay is within Massachusetts, and five percent (5%) of

the watershed of Little Narragansett Bay is within Connecticut; further, a cluster of water-related

economic interests spans the three (3) states.

     (5) There is a need to foster effective management, preservation, restoration, and

monitoring of the bays, rivers, lakes, and watersheds; and the promotion of sustainable economic

development of businesses that rely directly or indirectly on the bays, rivers, and watersheds.

     46-31.1-2. Definitions.

     As used in this chapter, unless the context clearly indicates otherwise:

     (1) “Bays” means the estuaries including Narragansett Bay, Mount Hope Bay, Greenwich

Bay, Little Narragansett Bay, the coastal ponds, the Sakonnet River, and Rhode Island territorial

waters that extend seaward three geographical miles from the shoreline including the area around

Block Island.

     (2) “Coordination” means to harmonize in a common action or effort and/or to function in

a complementary manner.

     (3) “Lake” or “pond” means a place, natural or manmade, located wholly or partly within

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the State of Rhode Island, where open standing or slowly moving water is present for at least six

(6) months of the year. For the purposes of this chapter, “lake” or “pond” shall exclude commercial

or industrial waterbodies created for the purpose of providing cooling water, concrete or poly-lined

waterbodies, and construction dewatering basins.

     (3)(4) “River” means a flowing body of water or estuary or a section, portion, or tributary

thereof, including, but not limited to, streams, creeks, brooks, ponds, and small lakes.

     (4)(5) “Water cluster” means an economically interconnected grouping of businesses,

institutions, and people relying directly or indirectly on the bays, rivers, and watersheds including,

but not limited to, the following sectors:

     (i) Recreation, tourism, and public events;

     (ii) Fisheries and aquaculture;

     (iii) Boat and ship building;

     (iv) Boating-related businesses;

     (v) Transportation;

     (vi) Military;

     (vii) Research; and

     (viii) Technology development and education.

     (5)(6) “Watershed” means a land area which because of its topography, soil type, and

drainage patterns acts as a collector of raw waters which regorge or replenish rivers and existing or

planned public water supplies.

     46-31.1-3. Bays, Rivers and Watersheds Fund.

     (a) There is hereby established a restricted receipt account within the Department of

Environmental Management to be called the Bays, Rivers and Watersheds Fund;

     (b) The fund shall consist of any funds which the state may from time to time appropriate,

as well as money received as gifts, grants, bequests, donations or other funds from any public or

private sources, as well as all fees collected pursuant to § 46-23-1(f)(2) for the leasing of submerged

lands for transatlantic cables, and all fees collected pursuant to chapter 12.11 of this title for the

disposal of septage;

     (c) All funds, monies, and fees collected pursuant to this section shall be deposited in the

Bays, Rivers and Watersheds Fund, and shall be utilized by the Department of Environmental

Management consistent with the purposes of § 46-23.2-1 entitled, “The Comprehensive Watershed

and Marine Monitoring Act of 2004,” § 46-12 chapter 12 of title 46 entitled, “Water Pollution”,

chapter 33 of title 46 entitled, “Freshwater Lake Management Program,” and chapter 6.2 of title 4

42 entitled “Resilient Rhode Island Act of 2014 Climate Change Coordination Council 2021 Act

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on Climate.” All expenditures from the fund shall be subject to appropriation by the general

assembly.

     SECTION 18. Sections 46-33-1 and 46-33-2 of the General Laws in Chapter 46-33 entitled

"Freshwater Lake Management Program" are hereby amended to read as follows:

     46-33-1. Definitions.

     As used in this chapter, unless the context indicates otherwise:

     (1) “Aquatic invasive species” means those invasive or non-native species that inhabit

water resources including lakes, ponds, rivers, and streams.

     (2) “Coordination” means to harmonize in a common action or effort and/or to function in

a complementary manner.

     (3) “Department” means the Rhode Island department of environmental management.

     (4) “Invasive species” means an alien species whose introduction does or is likely to cause

economic or environmental harm, or harm to human health.

     (5) “Lake” or “pond” means a place, natural or manmade, located wholly or partly within

the state of Rhode Island, where open standing or slowly moving water shall be present for at least

six (6) months of the year.

     (6) “Lake association” means an association, club, or other organization, formed and

registered in Rhode Island, that has responsibility for stewardship and management of a freshwater

lake or pond.

     (7) “Non-native species” means a species of plant, animal, or microbe that is:

     (i) Introduced to a country or region where it is not native;

     (ii) Is reproducing and spreading without human cultivation; and

     (iii) Is causing harm to native species or the areas in which they live.

     (8) “Rhode Island lake management fund” means the fund established by § 46-33-3.

     46-33-2. Rhode Island lake management program — Established.

     (a) The department shall develop and implement a lake management program. The program

shall include the following elements:

     (1) Field surveys and mapping to document the presence of aquatic invasive species in

freshwaters;

     (2) Development and provision of guidance and technical assistance to lake associations,

watershed organizations, and municipalities interested in undertaking lake management actions;

     (3) Coordination of the implementation of lake management actions, where appropriate;

     (4) Oversight of lake management policy and program development;

     (5) Distribution of financial assistance for lake management, including control of aquatic

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invasive plants, as resources allow, including such sums as appropriated by the general assembly

from the bays, rivers and watersheds fund established by § 46-31.1-3; and

     (6) Other activities consistent with the powers and duties assigned to the department in §

42-17.1-2(34).

     (b) Upon receipt of funding, the department shall establish procedures and rules for the

distribution of lake management grants consistent with the following provisions:

     (1) Entities eligible to apply for assistance shall include lake associations, watershed

associations, municipal governments, and other nonprofit, non-governmental environmental and

conservation organizations.

     (2) Projects involving lakes and ponds located wholly within a privately owned property

and that lack public access to the waterbody are not eligible for assistance.

     (3) Projects involving lakes and ponds that lack public access, excepting those excluded in

subsection (b)(2) of this section, may be eligible to apply for financial assistance provided the

department determines that active management is necessary to protect publicly accessible

freshwater resources.

     (4) Projects shall be solicited through a publicly advertised process.

     (5) Projects shall require a matching contribution of funds.

     (6) Eligible projects are determined by the department to be technically sound and

appropriate control or to mitigate an existing aquatic invasive species management, water quality,

or aquatic habitat concern.

     (7) Funding is used to design and implement specific lake management actions.

     SECTION 19. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

***

     This act would direct the department of environmental management to administer and

manage the land and natural resources of the Big River Reservoir. This act would also extend

several tax credits and incentives that are set to expire on December 31, 2026, to December 31,

2028. This act would also authorize the state energy benchmarking and performance standards

program.

     This act would take effect upon passage.

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