2026 -- S 3082

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LC006023

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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 McKenney, Sosnowski, Britto, Vargas, Gu, Murray, and Urso

     Date Introduced: March 13, 2026

     Referred To: Senate Environment & Agriculture

     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 sections:

     42-17.1-1.1. Definitions.

     For the purpose of this chapter:

     (1) "Bureau" means the bureau of coastal resources management within the department of

environmental management.

     (2) "Community advisory board" means the advisory board established pursuant to § 42-

17.1-6.1.

     (3) "Department" means the department of environmental management.

     (4) "Director" means the director of the department of environmental management or the

director's duly authorized agent.

     (5) "Environmental justice focus area" means a census tract that meets one or more of the

following criteria:

     (i) Annual median household income is not more than sixty-five percent (65%) of the

statewide annual median household income;

     (ii) The population of minorities, as defined by § 37-14.1-3, is equal to or greater than forty

percent (40%) of the population;

     (iii) Twenty-five percent (25%) or more of the households lack English language

proficiency; or

     (iv) Minorities, as defined by § 37-14.1-3, comprise twenty-five percent (25%) or more of

the population and the annual median household income of the municipality in the proposed area

does not exceed one hundred fifty percent (150%) of the statewide annual median household

income.

     42-17.1-5.1. Bureau of coastal resources management -- deputy director.

     (a) Within the bureau of coastal resources management there shall be a deputy director who

shall be in the unclassified service and report to the director and who shall:

     (1) Collaborate with the director to execute all powers, duties and functions for coastal

resources management;

     (2) Prepare an annual budget to address the needs of coastal resources management

programs; and

     (3) Subject to the authority of the director, exercise all powers, duties and functions

previously vested in, administered by and/or executed by the coastal resources management

council, its executive director, and/or staff.

     42-17.1-6.1. Community advisory board.

     (a) There is hereby established a community advisory board within the bureau of coastal

resources management, which is to work at the direction of the director to advise the director and

the bureau regarding policy initiatives and program improvements.

     (1) The community advisory board shall consist of six (6) appointed or elected members

of local government and four (4) members of the public, all appointed by the governor with the

advice and consent of the senate.

     (i) The community advisory board shall consist of the following members of local

government: Three (3) appointed or elected officials in a municipality of fewer than twenty-five

thousand (25,000) in population according to the most recent census; and three (3) appointed or

elected officials in a municipality of more than twenty-five thousand (25,000) in population

according to the most recent census; provided, of the six (6) members who shall be appointed or

elected local government officials, three (3) members shall be appointed or elected officials of a

coastal community, and one member shall be an appointed or elected official in Washington county

or Newport county. Further, the governor shall specify to the senate the appointed or elected office

that each municipal appointment holds, the population of the municipality represented, and the

member being appointed or replaced.

     (ii) The community advisory board shall consist of the following public members: Four (4)

members of the public with due consideration given to appointing persons with expertise in coastal

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policy and/or residing in or representing indigenous and/or environmental justice focus areas;

provided, two (2) members shall reside in a coastal community.

     (2) The community advisory board shall schedule and hold public meetings with prior

written notice at least twice annually.

     (3) Elected or appointed local government officials shall hold their seats on the community

advisory board for only so long as they remain in their elected or appointed office. Each municipal

appointment shall cease if the appointed or elected official shall no longer hold or change the office

which they held upon appointment.

     (4) All members of the community advisory board shall serve until their successors are

appointed and qualified. Annually in January, the governor shall appoint, with the advice and

consent of the senate, a member to succeed the members whose terms shall then next expire for a

term of three (3) years commencing on the first day of February next following and until their

successor is named and qualified. A member shall be eligible for successive appointments. A

vacancy other than by expiration shall be filled in the manner of the original appointment but only

for the unexpired portion of the term.

     (5) If the governor fails to make an appointment or fill an existing vacancy as provided in

this section, the director shall make such appointment in accordance with this section and for the

same terms specified in this section within thirty (30) days, but without advice and consent of the

senate.

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

     (7) The director or designee shall serve ex officio as chairperson of the community advisory

board. The community advisory board shall annually elect the vice-chairperson and secretary.

     SECTION 2. Section 42-17.1-4 of the General Laws in Chapter 42-17.1 entitled

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

     42-17.1-4. Divisions within department.

     Within the department of environmental management there are established the following

divisions:

     (1) A division of parks and recreation that shall carry out those functions of the department

relating to the operation and maintenance of parks and recreation areas and the establishment and

maintenance of such additional recreation areas as may from time to time be acquired and such

other functions and duties as may, from time to time, be assigned by the director;

     (2) A division of fish and wildlife management that shall carry out those functions of the

department relating to the administration and management of hunting and freshwater fishing; the

preservation of wetlands, marsh lands, freshwater lakes, streams, ponds, and wildlife; and such

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other related functions and duties as may be assigned by the director;

     (3) A division of agriculture that shall carry out those functions of the department relating

to agriculture, and such other functions and duties as may from time to time be assigned by the

director, including, but not limited to, plant industry, farm viability, marketing and promotion,

farmland ecology and protection, plant and animal health and quarantine, pesticides, mosquito

abatement, pest survey and response, food policy and security, and, in collaboration with the

department of health, public health as it relates to farm production and direct marketing of farm

products, and those agreed upon through memorandum of agreement with the department of health

or other state agencies. The department of health shall continue to act as the lead agency for all

public health issues in the state pursuant to chapter 1 of title 23. Nothing herein contained shall

limit the department of health's statutory authority, nor shall any provision herein be construed as

a limitation upon the statutory authority of the department of health granted to the department under

title 23, nor shall any provision herein be construed to limit the authority of the department of

environmental management to enter into memoranda of agreement with any governmental agency.

The chief of the division of agriculture shall report directly to the director;

     (4)(i) A division of coastal resources that shall carry out those functions of the department

relating to harbors and harbor lines, pilotage, flood control, shore development, construction of port

facilities, and the registration of boats and such other functions and duties as may, from time to

time, be assigned by the director, except that the division shall not be responsible for the functions

of inspection of dams and reservoirs, approving plans for construction or improvement of dams,

reservoirs, and other structures in non-tidal waters, and the operation of stream-gauging stations in

cooperation with the United States Geological Survey, and provided, further, that the division and

its staff shall be responsible through the director of environmental management to the coastal

resources management council, and the chief and the staff of the division shall serve as staff to the

council;

     (ii) There is established the bureau of coastal resources management within the department.

Notwithstanding any provision of law to the contrary, all powers, duties and functions previously

vested in, and/or administered by and/or executed by the coastal resources management council, its

executive director and/or staff including, but not limited to, those powers and duties in chapter 23

of title 46 entitled ("coastal resources management council") are hereby transferred to the

department and shall be exercised by the bureau of coastal resources management. All general laws

governing the powers, duties, and functions vested in, administered by, or executed by the

department shall be applicable to the bureau including, but not limited to, those provided for in

chapter 17.1 of title 42 entitled ("department of environmental management"); chapter 17.6 of title

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42 entitled ("administrative penalties for environmental violations"); and chapter 17.7 of title 42

entitled ("administrative adjudication for environmental matters").

     (iii) Except as provided in this chapter, all existing duly promulgated regulations, guidance,

policies, and special area management plans of the coastal resources management council shall

continue in validity and enforceability by the department. Further, all prior actions of the coastal

resources management council including, but not limited to, the issuance of determinations,

permits, assents, licenses, enforcement actions, federal consistency determinations, and

certifications shall be considered valid and enforceable by the department.

     (iv) All state and federal funds appropriated, allocated or transferred by the general

assembly and/or any federal agency to the coastal resources management council or its executive

director or staff including, but not limited to, all state, federal and local funds received, appropriated

or allocated to or by the coastal resources management council are hereby transferred to and shall

be administered by the department for the purposes conditioned by the receipt of such funds.

     (v) All references in the general laws to the coastal resources management council

including, but not limited to, "coastal resources management council," "council," "subcommittees,"

"commissioner," "chairperson," "executive director," "council staff" its board, members, director,

and staff, shall hereafter refer to the department.

     (vi)(A) Notwithstanding any law to the contrary, and upon the effective date of this section,

all employees of the coastal resources management council shall be considered employees of the

department and retain civil service status, title, rate of pay and benefits. The director may engage

additional staff as the director deems necessary to carry out the department's duties.

     (B) There is hereby created the position(s) of staff attorney(s) for the bureau. The director

shall hire at least one full-time staff attorney consistent with this section. The staff attorney(s) shall

serve in the unclassified service.

     (vii) Within ninety (90) business days of the date of passage of this act, the department

shall put out for notice and comment revisions of its coastal resources management program

(referred to as "red book") and management procedures in order to implement the programmatic

change from the council to the department. Within seven (7) days of promulgation of the revised

coastal resources management program (referred to as "red book") and management procedures,

the department shall submit a coastal zone management act program change request to the National

Oceanic and Atmospheric Administration (NOAA) for its approval of the amendments to this

statute and corresponding changes to the Rhode Island coastal resources management program.

This section shall take effect upon NOAA's approval

     (5) A division of planning and development that shall carry out those functions of the

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department relating to planning, programming, acquisition of land, engineering studies, and such

other studies, as the director may direct, and that shall work with the Rhode Island board of

education, with educational institutions at all levels, and with the public in the dissemination of

information and education relating to natural resources, and shall perform the publication and

public relations functions of the department, the functions of inspection of dams and reservoirs,

approving plans for construction or improvement of dams, reservoirs, and other structures in non-

tidal waters, and the operation of stream-gauging stations in cooperation with the United States

Geological Survey;

     (6) A division of enforcement that shall enforce all of the laws and regulations of the

department and the coastal resources management council, that shall cooperate with the other

enforcement agencies of the state and its municipalities, and that shall administer all of the policing,

enforcing, licensing, registration, and inspection functions of the department and such other

functions and duties as may, from time to time, be assigned by the director;

     (7) A division of forest environment that shall carry out those functions of the department

relating to the administration of forests and natural areas, including programs for utilization,

conservation, forest fire protection, and improvements of these areas; assisting other agencies and

local governments in urban programs relating to trees, forests, green belts, and environment and

such other functions and duties as may, from time to time, be assigned by the director;

     (8)(i) A division of boating safety that shall carry out those functions of the department

relating to the development and administration of a coordinated, safe boating program in

accordance with the Model Safe Boating Act of 1971 as approved by the National Association of

State Boating Law Administrators.

     (ii) Administration of the division of boating safety shall be the responsibility of the state

boating law administrator whose duties shall include:

     (A) The enforcement of all laws relating to the act; and

     (B) The powers vested in the state boating law administrator and boating safety

enforcement officer shall include the enforcement of laws, rules, and regulations relating to

"Regulation of Boats," chapter 22 of title 46, and shall also include the power to:

     (I) Execute all warrants and search warrants for the violation of laws, rules, and regulations

relating to the act.

     (II) Serve subpoenas issued for the trial of all offenses hereunder.

     (III) To carry firearms or other weapons, concealed or otherwise, in the course of, and in

performance of, their duties under this chapter.

     (IV) To arrest without warrant and on view any person found violating any law, rule, or

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regulation relating to the act; take that person before a court having jurisdiction for trial; detain that

person in custody at the expense of the state until arraignment; and to make and execute complaints

within any district to the justice or clerk of the court against any person for any of the offenses

enumerated under the act committed within the district.

     (V) Boating safety enforcement officers shall not be required to give surety for costs upon

any complaint made by them.

     (iii) The development and administration of a coordinated, safe boating program.

     (iv) The establishment and enforcement of such rules and regulations as are deemed

necessary to achieve the purposes of the Model Safe Boating Act as approved by the state boating

law administrators.

     (v) The state boating law administrator shall serve as the liaison to the United States Coast

Guard; and

     (9) A division of marine fisheries management that shall carry out those functions of the

department relating to the administration, management, and harvest of marine animal and plant

species found in Rhode Island marine waters, including, but not limited to: stock assessments of

marine species; harvest of marine species regulated under a regional federal fisheries management

plan; the review of aquaculture applications before the CRMC; a commercial fishing licensing

program; fixing seasons, bag limits, size limits, possession limits, and methods of taking on any

marine plant and animal species; and such other related functions and duties as may be assigned by

the director.

     SECTION 3. Sections 46-23-1, 46-23-6, 46-23-6.1, 46-23-6.2, 46-23-7, 46-23-7.1, 46-23-

7.2, 46-23-7.4, 46-23-7.5, 46-23-8, 46-23-9, 46-23-10, 46-23-13, 46-23-14, 46-23-15, 46-23-15.1,

46-23-16, 46-23-18, 46-23-18.1, 46-23-18.2, 46-23-18.3, 46-23-18.4, 46-23-18.5, 46-23-18.6, 46-

23-20, 46-23-21, 46-23-22, 46-23-23, 46-23-24 and 46-23-25 of the General Laws in Chapter 46-

23 entitled "Coastal Resources Management Council" are hereby amended to read as follows:

     46-23-1. Legislative findings.

     (a)(1) Under article 1, § 17 of the Rhode Island Constitution, the people shall continue to

enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they

have been heretofore entitled under the charter and usages of this state, including, but not limited

to, fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and

passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural

resources of the state with due regard for the preservation of their values; and 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

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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.

     (2) The general assembly recognizes and declares that the coastal resources of Rhode

Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of

immediate and potential value to the present and future development of this state; that unplanned

or poorly planned development of this basic natural environment has already damaged or destroyed,

or has the potential of damaging or destroying, the state's coastal resources, and has restricted the

most efficient and beneficial utilization of these resources; that it shall be the policy of this state to

preserve, protect, develop, and, where possible, restore the coastal resources of the state for this

and succeeding generations through comprehensive and coordinated long range planning and

management designed to produce the maximum benefit for society from these coastal resources;

and that preservation and restoration of ecological systems shall be the primary guiding principle

upon which environmental alteration of coastal resources will be measured, judged, and regulated.

     (b)(1) That effective implementation of these policies is essential to the social and

economic well-being of the people of Rhode Island because the sea and its adjacent lands are major

sources of food and public recreation, because these resources are used by and for industry,

transportation, waste disposal, and other purposes, and because the demands made on these

resources are increasing in number, magnitude, and complexity; and that these policies are

necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452

("The Coastal Zone Management Act"), the general assembly hereby directs the council (referred

to as "CRMC") department to exercise effectively its responsibilities in the coastal zone through

the development and implementation of management programs to achieve wise use of the land and

water resources of the coastal zone.

     (2) Furthermore, that implementation of these policies is necessary in order to secure the

rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state

with due regard for the preservation of their values, and in order to allow the general assembly to

fulfill its duty 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.

     (c) That these policies can best be achieved through the creation of a coastal resources

management council the bureau as the principal mechanism for management of the state's coastal

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resources.

     (d) The general assembly recognizes and declares that maintenance dredging is required to

remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy

and programs for ports, port facilities, channels, harbors, public and private marinas and boating

facilities, recreational facilities and habitat areas; other major coastal states have maintenance

dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general

maintenance dredging policy and program and as a result there has been:

     (1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to

twenty-four (24) feet in 1996;

     (2) Navigational restrictions on ocean going vessels through the state's waterways and

channels; and

     (3) A decrease in the number of available slips and moorings at marinas throughout the

state; and the lack of a maintenance dredging policy and programs have significant adverse

environmental and economic effects on the state and therefore it is in the best interest of the state,

the cities and towns of the state, and the citizens thereof for the state to have a general maintenance

dredging policy and programs to resolve issues related to dredge maintenance and disposal and

avoid future significant direct and indirect adverse impact on the environment and economy of the

state.

     (e) The coastal resources management council department is hereby designated as the lead

state agency for purposes of dredging in tidal waters and as such shall have the following duties

and responsibilities:

     (1) To coordinate the interest of the state with regard to dredging;

     (2) To formulate and adopt a state policy with regard to dredging which integrates those

interests;

     (3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with

the federal government and with other public bodies and private parties with regard to dredging;

     (4) To act as the initial and primary point of contact for all applications to the state for

dredging projects in tidal waters;

     (5) To develop, prepare, adopt pursuant to § 46-23-11, implement, and maintain a

comprehensive plan for dredge material management; and

     (6) To cooperate and coordinate with the departments of environmental management,

transportation, administration, and health, and the economic development corporation in the

conduct of these duties and responsibilities.

     (f)(1) The legislature recognizes that under Article I, § 17, the submerged lands of the state

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are impressed with a public trust and that the state is responsible for the protection of the public's

interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below

the high water mark, and it holds that land in trust for the use of the public. In benefiting the public,

the state preserves certain public rights which include, but are not limited to, fishery, commerce,

and navigation in these waters and the submerged lands that they cover.

     (2) Since its establishment in 1971, the CRMC has had the authority The department is

authorized to manage and plan for the preservation of the coastal resources of the state including,

but not limited to, submerged lands. The legislature hereby declares that, in light of the unique size,

scope, and overall potential impact upon the environment of large scale filling projects involving

twenty-five (25) acres or more, any lease of tidal lands, or any license to use those lands, is subject

to approval, disapproval, or conditional approval by the direct enactment of the general assembly

by legislative action. The CRMC department shall review all requests for leases, licenses to use the

land, and other authority to use the land made by any applicant prior to presentation of the request

to the general assembly, and the CRMC department shall make recommendations on the request to

the general assembly. With the exception of any and all projects to fill land of twenty-five (25)

acres or more, the general assembly hereby recognizes and declares that the CRMC department is

delegated the sole and exclusive authority for the leasing of submerged and filled lands and giving

licenses for the use of that land. Accordingly, the CRMC department will develop, coordinate, and

adopt a system for the leasing of submerged and filled lands, and licenses for the use of that land,

and will ensure that all leases and licenses are consistent with the public trust. Pursuant thereto, the

CRMC department shall impose a maximum fee of eighty thousand dollars ($80,000) per annum

for any transatlantic cable that makes landfall in Rhode Island. All such fees collected shall be

deposited into the Bays, Rivers and Watersheds Fund, established pursuant to § 46-31-12.1, and

shall be disbursed according to the purposes of that fund. Nothing contained in this subsection

negates, repeals, or alters the provisions, processes, and requirements for the leasing of submerged

land for the conduct of aquaculture as set out under chapter 10 of title 20. Therefore, nothing in this

chapter shall be construed to limit or impair the authority of the state, or any duly established agency

of the state, to regulate filling or dredging affecting tidal lands owned by the state or any other

entity, and nothing in this chapter shall be construed to limit or impair the obligation of the applicant

to obtain all applicable regulatory approvals. Specifically, and without limiting the foregoing,

nothing in this subsection negates, repeals, or alters the provisions, processes, and requirements for

water quality certification contained in chapter 12 of this title.

     (3) Definitions.

     (ii)(i) "Filled land" means portions of tidal lands which have been rendered by the acts of

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man to be no longer subject to tidal action or beneath tidal waters.

     (iii)(ii) "Mean high water" means a line of contour representing the 18.6 year average as

determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and

methodology of the United States Coastal Geodetic Survey within the National Oceanic and

Atmospheric Administration.

     (iv)(iii) "Tidal Lands" means those lands that are below the mean high water.

     46-23-6. Powers and duties — Rights-of-way.

     In order to properly manage coastal resources the council department has the following

powers and duties:

     (1) Planning and management.

     (i) The primary responsibility of the council department shall be the continuing planning

for and management of the resources of the state's coastal region. The council department shall be

able to make any studies of conditions, activities, or problems of the state's coastal region needed

to carry out its responsibilities.

     (ii) The resources management process shall include the following basic phases:

     (A) Identify all of the state's coastal resources, water, submerged land, air space, fin fish,

shellfish, minerals, physiographic features, and so forth.

     (B) Evaluate these resources in terms of their quantity, quality, capability for use, and other

key characteristics.

     (C) Determine the current and potential uses of each resource.

     (D) Determine the current and potential problems of each resource.

     (E) Formulate plans and programs for the management of each resource, identifying

permitted uses, locations, protection measures, and so forth.

     (F) Carry out these resources management programs through implementing authority and

coordination of state, federal, local, and private activities.

     (G) Formulation of standards where these do not exist, and reevaluation of existing

standards.

     (H) To develop comprehensive programs for dredging in tidal waters and related beneficial

use, disposal, monitoring dewatering and transportation of dredge materials.

     (I) To accept and administer loans and grants from the federal government and from other

sources, public or private, for the carrying out of any of its functions, which loans or grants shall

not be expended for other than the purposes for which provided.

     (J) To encourage, participate in, or conduct studies, investigations, research, and

demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the

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tidal waters of the state as the coastal resources management council department may deem

advisable and necessary for the discharge of its duties under this chapter.

     (K) To collect and disseminate information relating to dredging, disposal of dredge

materials and transportation thereof within the tidal waters of the state.

     (L) To work with the appropriate federal and state agencies to develop as provided for in

this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and

related beneficial use, disposal, monitoring dewatering and transportation of dredge materials.

     (M) To apply for, accept and expend grants and bequests of funds, for the purpose of

carrying out the lawful responsibilities of the coastal resources management council department.

     (iii) An initial series of resources management activities shall be initiated through this basic

process, then each phase shall continuously be recycled and used to modify the council's

department's resources management programs and keep them current.

     (iv) Planning and management programs shall be formulated in terms of the characteristics

and needs of each resource or group of related resources. However, all plans and programs shall be

developed around basic standards and criteria, including:

     (A) The need and demand for various activities and their impact upon ecological systems.

     (B) The degree of compatibility of various activities.

     (C) The capability of coastal resources to support various activities.

     (D) Water quality standards set by the director of the department of environmental

management.

     (E) Consideration of plans, studies, surveys, inventories, and so forth prepared by other

public and private sources.

     (F) Consideration of contiguous land uses and transportation facilities.

     (G) Whenever possible consistency with the state guide plan.

     (v) The council department shall prepare, adopt, administer, and cause to be implemented,

including specifically through its powers of coordination as set forth in subdivision (3) of this

section, a marine resources development plan and such special area management plans as the

council department may determine to be appropriate or desirable as follows:

     (A) Marine resources development plan.

     (I) The purpose of the marine resources development plan shall be to provide an integrated

strategy for: (a) improving the health and functionality of Rhode Island's marine ecosystem; (b)

providing for appropriate marine-related economic development; and (c) promoting the use and

enjoyment of Rhode Island's marine resources by the people of the state.

     (II) The marine resources development plan shall include specific goals and objectives

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necessary to accomplish its purposes, performance measures to determine progress toward

achieving such goals and objectives, and an implementation program.

     (III) The marine resources development plan shall be prepared in cooperation with the

department of environmental management, the statewide planning program, and the commerce

corporation, with the involvement of such other state agencies as may be appropriate, and with such

technical support as may be necessary and appropriate from the Narragansett Bay Estuary Program,

the Coastal Institute at the University of Rhode Island, and Rhode Island Sea Grant.

     (IV) The plan shall be responsive to the requirements and principles of the federal coastal

zone management act as amended, including, but not limited to, the expectations of the act for

incorporating the federal Clean Water Act into coastal zone management programs.

     (V) The marine resources development plan shall take into account local land use

management responsibilities as provided for under title 45 and harbor management responsibilities,

and the preparation of the plan shall include opportunities for involvement and/or comment by

cities and towns.

     (VI) The marine resources development plan shall be adopted by the council in accordance

with the provisions of this subsection by July 1, 2005, shall as appropriate incorporate the

recommendations of the Governor's Narragansett Bay and Watershed Planning Commission, and

shall be made consistent with systems level plans as appropriate, in order to effectuate the purposes

of systems level planning. The council department shall update the marine resources development

plan at least once every five (5) years.

     (VII) The council department shall administer its programs, regulations, and

implementation activities in a manner consistent with the marine resources development plan.

     (VIII) The marine resources development plan and any updates thereto shall be adopted as

appropriate as elements of the state guide plan pursuant to § 42-11-10.

     (B) Special area management plans.

     (I) The council department shall adopt such special area management plans as deemed

necessary and desirable to provide for the integration and coordination of the protection of natural

resources, the promotion of reasonable coastal-dependent economic growth, and the improved

protection of life and property in the specific areas designated council department as requiring such

integrated planning and coordination.

     (II) The integrated planning and coordination herein specified shall include, but not be

limited to, federal agencies, state agencies, boards, commissions, and corporations, including

specifically the commerce corporation, and cities and towns, shall utilize to the extent appropriate

and feasible the capacities of entities of higher education, including Rhode Island Sea Grant, and

LC006023 - Page 13 of 37

shall provide for the participation of advocacy groups, community-based organizations, and private

persons.

     (III) The council department shall administer its programs, regulations, and

implementation activities in a manner consistent with special area management plans.

     (IV) Special area management plans and any updates thereto shall be adopted as

appropriate as elements of the state guide plan pursuant to § 42-11-10.

     (2) Implementation.

     (i) The council department is authorized to formulate policies and plans and to adopt

regulations necessary to implement its various management programs. With respect to such policies

and plans which relate to matters where the coastal resources management council and the

department of environmental management have concurrent jurisdiction and upon formulation of

the plans and regulations, the council shall, prior to adoption, submit the proposed plans or

regulations to the director of the department of environmental management for the director's

review. The director shall review and submit comments to the council within thirty (30) days of

submission to the director by the council. The comments of the director shall include findings with

regard to the consistency of the policies, plans and/or regulations with the requirements of laws

administered by the department. The council shall consider the director's comments prior to

adoption of any such policies, plans or regulations and shall respond in writing to findings of the

director with regard to the consistency of said policies, plans and/or regulations with the

requirements of laws administered by the department.

     (ii)(A) The council department shall have exclusive jurisdiction below mean high water for

all development, operations, and dredging, consistent with the requirements of chapter 6.1 of this

title and except as necessary for the department of environmental management to exercise its

powers and duties and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-17.1-24, and

any person, firm, or governmental agency proposing any development or operation within, above,

or beneath the tidal water below the mean high water mark, extending out to the extent of the state's

jurisdiction in the territorial sea, shall be required to demonstrate that its proposal would not:

     (I) Conflict with any resources management plan or program;

     (II) Make any area unsuitable for any uses or activities to which it is allocated by a

resources management plan or program adopted by the council department; or

     (III) Significantly damage the environment of the coastal region.

     (B) The council department shall be authorized to approve, modify, set conditions for, or

reject any such proposal.

     (iii) The authority of the council department over land areas (those areas above the mean

LC006023 - Page 14 of 37

high water mark) shall be limited to two hundred feet (200′) from the coastal physiographic feature

or to that necessary to carry out effective resources management programs. This shall be limited to

the authority to approve, modify, set conditions for, or reject the design, location, construction,

alteration, and operation of specified activities or land uses when these are related to a water area

under the agency's jurisdiction, regardless of their actual location. The council's department's

authority over these land uses and activities shall be limited to situations in which there is a

reasonable probability of conflict with a plan or program for resources management or damage to

the coastal environment. These uses and activities are:

     (A) Power generating over forty megawatts (40 MW) and desalination plants.

     (B) Chemical or petroleum processing, transfer, or storage.

     (C) Minerals extraction.

     (D) Shoreline protection facilities and physiographical features, and all directly associated

contiguous areas which are necessary to preserve the integrity of the facility and/or features.

     (E) Coastal wetlands and all directly associated contiguous areas which are necessary to

preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of

the coast. The actual determination of freshwater wetlands located in coastal vicinities and under

the jurisdiction of the coastal resources management council shall be designated on such maps that

are agreed to in writing and made available for public use by the coastal resources management

council and the director, department of environmental management, within three (3) months of

[August 6, 1996]. The CRMC department shall have exclusive jurisdiction over the wetlands areas

described in this section notwithstanding any provision of chapter 1, title 2 or any other provision,

except as provided in subsection (iv) of this section. Within six (6) months of [August 6, 1996] the

council in cooperation with the director shall develop rules and regulations for the management

and protection of freshwater wetlands, affected by an aquaculture project, outside of those

freshwater wetlands located in the vicinity of the coast and under the exclusive jurisdiction of the

director of the department of environmental management. For the purpose of this chapter, a "coastal

wetland" means any salt marsh bordering on the tidal waters of this state, whether or not the tidal

waters reach the littoral areas through natural or artificial watercourses, and those uplands directly

associated and contiguous thereto which are necessary to preserve the integrity of that marsh.

Marshes shall include those areas upon which grow one or more of the following: smooth cordgrass

(spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black

rush (juncus gerardi), saltworts (salicornia spp.), sea lavender (limonium carolinianum), saltmarsh

bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall

cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha

LC006023 - Page 15 of 37

angustifolia), spike rush (eleocharis rostellata), chairmaker's rush (scirpus amercana), creeping

bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus).

     (F) Sewage treatment and disposal and solid waste disposal facilities.

     (G) Beneficial use, dewatering, and disposal of dredged material of marine origins, where

such activities take place within two hundred feet (200′) of mean high water or a coastal

physiographic feature, or where there is a reasonable probability of conflict with a plan or program

for resources management or damage to the coastal environment.

     (iv) Notwithstanding the provisions of subsections (ii) and (iii) above, the department of

environmental management shall maintain jurisdiction over the administration of chapter 1, title 2,

including permitting of freshwater wetlands alterations and enforcement, with respect to all

agricultural activities undertaken by a farmer, as that term is defined in § 2-1-22(j), wherever

located; provided, however, that with respect to activities located partially or completely within

two hundred feet (200′) of the coastal physiographic feature, the department shall exercise

jurisdiction in consultation with the council.

     (3) Coordination. The council department has the following coordinating powers and

duties:

     (i) Functioning as a binding arbitrator in any matter of dispute involving both the resources

of the state's coastal region and the interests of two (2) or more municipalities or state agencies.

     (ii) Consulting and coordinating actions with local, state, regional, and federal agencies

and private interests.

     (iii) Conducting or sponsoring coastal research.

     (iv) Advising the governor, the general assembly, and the public on coastal matters.

     (v) Serving as the lead state agency and initial and primary point of contact for dredging

activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of

other state agencies as they pertain to dredging in order to develop comprehensive programs for

dredging as required by subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title. The

Rhode Island resource recovery corporation prior to purchasing cover material for the state landfill

shall first contact the CRMC department to see if there is a source of suitable dredged material

available which shall be used in place of the purchase cover material. Other state agencies engaged

in the process of dump closures shall also contact the CRMC department to see if there is a source

of suitable dredged material available, which shall be used in place of the purchase cover material.

In addition, cities and towns may contact the CRMC department prior to closing city or town

controlled dump sites to see if there is a source of suitable dredge material available, which may be

used in place of the purchase cover material.

LC006023 - Page 16 of 37

     (vi) Acting as the state's representative to all bodies public and private on all coastal and

aquaculture related matters.

     (4) Operations. The council department is authorized to exercise the following operating

functions, which are essential to management of coastal resources:

     (i) Issue, modify, or deny permits for any work in, above, or beneath the areas under its

jurisdiction, including conduct of any form of aquaculture.

     (ii) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of

coastal wetlands and all directly related contiguous areas which are necessary to preserve the

integrity of the wetlands, including, but not limited to, the transportation and disposal of dredge

materials in the tidal waters.

     (iii) Grant licenses, permits, and easements for the use of coastal resources which are held

in trust by the state for all its citizens, and impose fees for private use of these resources.

     (iv) Determining the need for and establishing pierhead, bulkhead, and harbor lines.

     (v) Enforcing and implementing riparian rights in the tidal waters after judicial decisions.

     (vi) The council department may require an owner or operator of a commercial wharf or

pier of a marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources

management program regulations, but not including those facilities defined in 300.4 of the Rhode

Island coastal resources management program regulations, and which is capable of offloading

cargo, and is or will be subject to a new use or a significant intensification of an existing use, to

demonstrate that the commercial wharf or pier is fit for that purpose. For the purposes of this

subsection, a "commercial wharf or pier" means a pier, bulkhead, wharf, docking facility, or

underwater utilities. The council department may order said owner or operator to provide an

engineering certification to the council's department's satisfaction that the commercial wharf or pier

is fit for the new use or intensification of an existing use. If the council department determines that

the commercial wharf or pier is not fit, it may order the owner or operator to undertake the necessary

work to make the commercial wharf or pier safe, within a reasonable time frame. If the council

department determines that the commercial wharf or pier, because of its condition, is an immediate

threat to public health and safety it may order the commercial wharf or pier closed until the

necessary work to make the commercial wharf or pier safe has been performed and approved by

the council department. All work performed must conform to the council's department's

management program. The council department is also given the authority to develop regulations to

carry out this provision and to impose administrative penalties of five thousand dollars ($5,000)

per day up to a maximum of twenty thousand dollars ($20,000) consistent with § 46-23-7.1 where

there has been a violation of the orders under this provision.

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     (5) Rights-of-way.

     (i) The council department is responsible for the designation of all public rights-of-way to

the tidal water areas of the state, and shall carry on a continuing discovery of appropriate public

rights-of-way to the tidal water areas of the state.

     (ii) The council department shall maintain a complete file of all official documents relating

to the legal status of all public rights-of-way to the tidal water areas of the state.

     (iii)(A) The council department has the power to designate for acquisition and

development, and posting, and all other functions of any other department for tidal rights-of-way

and land for tidal rights-of-way, parking facilities, and other council department related purposes.

     (B) Further, the council department has the power to develop and prescribe a standard sign

to be used by the cities and towns to mark designated rights-of-way.

     (iv) In conjunction with this subdivision, every state department controlling state-owned

land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much

of the land that may be deemed necessary for public parking.

     (v) No use of land for public parking shall conflict with existing or intended use of the land,

and no improvement shall be undertaken by any state agency until detailed plans have been

submitted to and approved by the governing body of the local municipality.

     (vi) In designating rights-of-way, the council department shall consider the following

matters in making its designation:

     (A) Land evidence records;

     (B) The exercise of domain over the parcel such as maintenance, construction, or upkeep;

     (C) The payment of taxes;

     (D) The creation of a dedication;

     (E) Public use;

     (F) Any other public record or historical evidence such as maps and street indexes;

     (G) Other evidence as set out in § 42-35-10.

     (vii) A determination by the council department that a parcel is a right-of-way shall be

decided by substantial evidence. A copy of the final council department determination, and all

official documents related to the council department determination, shall be provided to the

municipality in which the right-of-way is located.

     (viii) Municipalities shall be required to identify and maintain a current list of public rights-

of-way to the tidal water areas in their municipality that have been designated by the council

department and previously designated by the Rhode Island coastal resources management agency

in accordance with this section. Municipal identification of the council's such designated public

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rights-of-way shall also be incorporated and displayed on official maps in accordance with § 45-

23.1-1. Non-compliance with this municipal responsibility shall have no effect on the council

public rights-of-way to the tidal water areas designation process or final public rights-of-way to the

tidal water areas determinations by the council that are set forth in this section.

     (ix) The council department shall be notified whenever by the judgment of the governing

body of a coastal municipality, a public right-of-way to tidal water areas located in such

municipality has ceased to be useful to the public, and such governing body proposes an order of

abandonment of such public right-of-way. Said notice shall be given not less than sixty (60) days

prior to the date of such abandonment.

     (6) Preexisting residential boating facilities.

     (i) The council is hereby authorized and empowered to issue assent for preexisting

residential boating facilities constructed prior to January 1, 1985. These assents may be issued for

preexisting residential boating facilities, even though such facilities do not meet current standards

and policies of the council; provided, however, that the council finds that such facilities do not pose

any significant risk to the coastal resources of the state of Rhode Island and do not endanger human

safety.

     (ii) In addition to the above criteria, the applicant shall provide clear and convincing

evidence that:

     (A) The facility existed in substantially the same configuration as it now exists prior to

January 1, 1985;

     (B) The facility is presently intact and functional; and

     (C) The facility presents no significant threat to the coastal resources of the state of Rhode

Island or human safety.

     (iii) The applicant, to be eligible for this provision, shall apply no later than January 31,

1999.

     (iv) The council is directed to develop rules and regulations necessary to implement this

subdivision.

     (v) It is the specific intent of this subsection to require that all preexisting residential

boating facilities constructed on January 1, 1985, or thereafter conform to this chapter and the plans,

rules and regulations of the council department.

     (7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners.

     (i) Any littoral or riparian owner in this state who desires to obtain a lease from the state

of Rhode Island of any filled lands adjacent to his or her upland shall apply to the council

department, which may make the lease. Any littoral or riparian owner who wishes to obtain a lease

LC006023 - Page 19 of 37

of filled lands must obtain pre-approval, in the form of an assent, from the council department. Any

lease granted by the council department shall continue the public's interest in the filled lands

including, but not limited to, the rights of navigation, fishery, and commerce. The public trust in

the lands shall continue and run concurrently with the leasing of the lands by the state to private

individuals, corporations, or municipalities. Upon the granting of a lease by the council department,

those rights consistent with the public trust and secured by the lease shall vest in the lessee. The

council department may approve a lease of filled lands for an initial term of up to fifty (50) years,

with, or without, a single option to renew for an additional term of up to fifty (50) years.

     (ii) The lessor of the lease, at any time, for cause, may by express act cancel and annul any

lease previously made to the riparian owner when it determines that the use of the lands is violating

the terms of the lease or is inconsistent with the public trust, and upon cancellation the lands, and

rights in the land so leased, shall revert to the state.

     (8) "Marinas" as defined in the coastal resources management program regulations in effect

as of June 1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision

(7) is not applicable to:

     (i) Any riparian owner on tidal waters in this state (and any successor in interest to the

owner) which has an assent issued by the council to use any land under water in front of his or her

lands as a marina, which assent was in effect on June 1, 1997;

     (ii) Any alteration, expansion, or other activity at a marina (and any successor in interest)

which has an assent issued by the council, which assent was in effect on June 1, 1997; and

     (iii) Any renewal of assent to a marina (or successor in interest), which assent was issued

by the council and in effect on June 1, 1997.

     (9) "Recreational boating facilities" including marinas, launching ramps, and recreational

mooring areas, as defined by and properly permitted by the council department, are deemed to be

one of the uses consistent with the public trust. Subdivision (7) is not applicable to:

     (i) Any riparian owner on tidal waters in this state (and any successor in interest to the

owner) which has an assent issued by the council to use any land under water in front of his or her

lands as a recreational boating facility; any alteration, expansion or other activity at a recreational

boating facility (and any successor in interest) which has an assent issued by the council, which

assent was in effect as of June 1, 1997; and

     (ii) Any renewal of assent to a recreational boating facility (or successor in interest), which

assent was issued by the council and in effect on June 1, 1997.

     46-23-6.1. Newport "cliff walk" — Public right-of-way — Legal studies.

     The council department is hereby directed to carry out any and all legal studies which it

LC006023 - Page 20 of 37

shall deem necessary in order to designate the Newport "cliff walk", so called, as a public right-of-

way pursuant to § 46-23-6(5).

     46-23-6.2. Abandonment of rights-of-way.

     No city or town shall abandon a right-of-way previously designated as such by the council

Rhode Island coastal management council and/or designated by the department unless the council

department approved the abandonment.

     46-23-7. Violations.

     (a)(1) In any instances wherein there is a violation of the coastal resources management

program, or a violation of regulations or decisions of the council department, the commissioner of

coastal resources management department shall have the power to order any person to cease and

desist or to remedy any violation of any provisions of this chapter, or any rule, regulation, assent,

order, or decision of the council department whenever the commissioner of coastal resources

management department shall have reasonable grounds to believe that such violation has occurred.

     (2) Council Department staff, conservation officers within the department of

environmental management, and state and municipal police shall be empowered to issue written

cease and desist orders in any instance where activity is being conducted which constitutes a

violation of any provisions of this chapter, or any rule, regulation, assent, order, or decision of the

council department.

     (3) Conservation officers within the department of environmental management, council

department staff, and state and municipal police shall have authority to apply to a court of

competent jurisdiction for a warrant to enter on private land to investigate possible violations of

this chapter; provided, that they have reasonable grounds to believe that a violation has been

committed, is being committed, or is about to be committed.

     (b) Any order or notice issued pursuant to subsection (a) shall be eligible for recordation

under chapter 13 of title 34, and shall be recorded in the land evidence records in the city/town

wherein the property subject to the order is located, and any subsequent transferee of the property

shall be responsible for complying with the requirements of the order and notice.

     (c) The coastal resources management council department shall discharge of record any

notice filed pursuant to subsection (b) within thirty (30) days after the violation has been remedied.

     46-23-7.1. Administrative penalties.

     Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to

§ 46-23-7(a); or any assent, order, or decision of the council department, may be assessed an

administrative penalty by the chairperson or executive director department in accordance with the

following:

LC006023 - Page 21 of 37

     (1) The chairperson or executive director department is authorized to assess an

administrative penalty of not more than ten thousand dollars ($10,000) for each violation of this

section, and is authorized to assess additional penalties of not more than one thousand ($1,000) for

each day during which this violation continues after receipt of a cease-and-desist order from the

council department pursuant to § 46-23-7(a), but in no event shall the penalties in aggregate exceed

fifty thousand dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the

property owner or person committing the violation shall be notified by certified mail or personal

service that a penalty is being assessed. The notice shall include a reference to the section of the

law, rule, regulation, assent, order, or permit condition violated; a concise statement of the facts

alleged to constitute the violation; a statement of the amount of the administrative penalty assessed;

and a statement of the party's right to an administrative hearing.

     (2) The party shall have twenty-one (21) days from receipt of the notice within which to

deliver to the council a written request for a hearing. This request shall specify in detail the

statements contested by the party. The executive director shall designate a person to act as hearing

officer. If no hearing is requested, then after the expiration of the twenty-one (21) day period, the

council shall issue a final order assessing the penalty specified in the notice. The penalty is due

when the final order is issued. If the party shall request a hearing, any additional daily penalty shall

not commence to accrue until the council issues a final order.

     (3) If a violation is found to have occurred, the council may issue a final order assessing

not more than the amount of the penalty specified in the notice. The penalty is due when the final

order is issued.

     (4) The party may within thirty (30) days appeal the final order, of fine assessed by the

council to the superior court which shall hear the assessment of the fine de novo.

     46-23-7.2. Proceedings for enforcement.

     The superior court shall have jurisdiction to enforce the provisions of this chapter, the

coastal resource management program, or any rule, regulation, assent, or order issued pursuant

thereto. Proceedings under this section may follow the course of equity, and shall be instituted and

prosecuted in the name of and at the direction of the chairperson and council department by the

attorney general or counsel designated by the council department. Proceedings provided in this

section shall be in addition to, and may be utilized in lieu of, other administrative or judicial

proceedings authorized by this chapter.

     46-23-7.4. Penalty for blocking or posting of rights-of-way.

     Any person who shall post or block any tidal water, public right-of-way, as previously

designated by the council Rhode Island coastal resources management council or designated by the

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department, shall be punished by a fine not exceeding one thousand dollars ($1,000) or by

imprisonment for not more than three (3) months or both; and each day the posting or blocking

continues or is repeated shall be deemed a separate offense. The chairperson of the council

department, through council's the department's legal counsel or the attorney general, may apply to

any court of competent jurisdiction for an injunction to prevent the unlawful posting or blocking of

any tidal water, public right-of-way.

     46-23-7.5. Prosecution of criminal violations.

     The chairperson and anyone designated by the chairperson department, without being

required to enter into any recognizance or to give surety for cost, may institute proceedings in the

name of the state. It shall be the duty of the attorney general and/or the solicitor of the city or town

in which the alleged violation has occurred to conduct the prosecution of all the proceedings. The

chairperson director may delegate his or her authority to bring prosecution by complaint and

warrant to any law enforcement officials authorized by law to bring complaints for the issuance of

search or arrest warrants pursuant to chapters 5 and 6 of title 12.

     46-23-8. Gifts, grants, and donations.

     The council department is authorized to receive any gifts, grants, or donations made for

any of the purposes of its program, which shall be deposited as general revenues, and to disburse

and administer the gifts, grants, or donations amounts appropriated in accordance with the terms

thereof. The council department is authorized to receive any sums provided by an applicant for use

by the council department in its hearing process, which shall be deposited as general revenues, and

to disburse and administer the general revenue amounts appropriated in accordance with the rules

and regulations promulgated by the council department.

     46-23-9. Subpoena.

     The council department is hereby authorized and empowered to summon witnesses and

issue subpoenas in substantially the following form:

     Sc.

     To _______________________________________ of

_______________________________________ greeting:

     You are hereby required, in the name of the state of Rhode Island, to make your appearance

before the commission department on _______________________________________ in the

_______________________________________ city of

_______________________________________ on the

_______________________________________ day of

_______________________________________ to give evidence of what you know relative to a

LC006023 - Page 23 of 37

matter upon investigation by the commission department on

_______________________________________ and produce and then and there have and give the

following:

     Hereof fail not, as you will answer to default under the penalty of the law in that behalf

made and provided.

     Dated at _______________________________________ the

_________________________________________ day of

_________________________________________ in the year

_________________________________________.

     46-23-10. Cooperation of departments.

     All other departments and agencies and bodies of state government are hereby authorized

and directed to cooperate with and furnish such information as the council commission department

shall require.

     46-23-13. Application and hearing fees.

     The council commission department shall be authorized to establish reasonable fees for

applications and hearings. All fees collected by the council commission department, including fees

collected for leases, shall be deposited as general revenues. The state controller is hereby authorized

and directed to draw his or her orders upon the general treasurer for payment of such sum or sums

as may be necessary from time to time and upon receipt by him or her of duly authenticated

vouchers presented by the commissioner of coastal resources management director.

     46-23-14. Expert testimony.

     The council commission department shall be authorized to engage its own expert and

outside consultants, and the council commission department shall be empowered to use that

testimony in making its decisions.

     46-23-15. Federal grants and interstate cooperation.

     The council commission department is authorized to accept any federal grants. It is further

given the power to administer land and water use regulations as necessary to fulfill their

responsibilities under the Federal Coastal Zone Management Act, 16 U.S.C. § 1451 et seq., and to

acquire fee simple and less than fee simple interests under any federal or state program. The council

commission department is authorized to coordinate and cooperate with other states in furtherance

of its purposes. The council commission department may expend those grants and appropriations.

The coastal resources management council commission department for the purposes of the federal

Coastal Zone Management Act, 16 U.S.C. § 1451 et seq., is the coastal zone agency under §§ 301

through 313 and §§ 318 and 6217 of said act.

LC006023 - Page 24 of 37

     46-23-15.1. Coordination of harbor safety and enforcement patrols.

     Coastal municipalities which share a common boundary along their public waters may

enter into a binding memorandum of agreement allowing for harbormasters and other officials

charged with enforcement of harbor management plan harbor ordinances from one coastal

municipality to enforce the harbor ordinances of the bordering coastal municipality upon the public

waters of the bordering coastal municipality when the coastal municipalities have harbor

management plans previously approved by the coastal resources management council Rhode Island

coastal resources management council and/or approved by the department and the memorandum of

agreement is approved by the respective town or city councils. This binding memorandum of

agreement shall specify how each coastal municipality is to receive any fines collected under this

reciprocal enforcement agreement and the jurisdiction in which any disputes arising out of this

reciprocal enforcement agreement shall be litigated.

     46-23-16. Length of permits, licenses, and easements.

     The council commission department is authorized to grant permits, licenses, and easements

for any term of years or in perpetuity. Permits, licenses, or easements which were previously issued

by the Rhode Island coastal resources management council and/or are issued by the council

department for the filling of the submerged or submersible lands of the state of Rhode Island remain

subject to the public trust, and no title is conveyed by such documents. All such permits, licenses,

and easements shall clearly state that no title is being conveyed. Permits, licenses or easements

issued by the council department are valid only with the conditions and stipulation under which

they are granted and imply no guarantee of renewal. The initial application or an application for

renewal may be subject to denial or modification. If an application is granted, said permit, license

and easement may be subject to revocation and/or modification for failure to comply with the

conditions and stipulations under which the same was issued or for other good cause. The division

of coastal resources of the department of environmental management shall transfer all of the records

and files of the former division of harbours and rivers to the council.

     46-23-18. Prohibited activities.

     (a) No person, either as principal, agent or servant nor any firm, corporation, or any other

entity shall, without a permit issued by the coastal resources management council department,

construct a marina within two thousand feet (2000′) of a shellfish management area as defined by

rules and regulations of the department of environmental management. Such permit shall include

any permit required under subsection (b).

     (b) No person, either as principal, agent, or servant, or any firm, corporation or any other

entity, shall, within the tidal waters of the state, conduct or cause to conduct dredging,

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transportation and/or disposal of dredge materials without a permit issued by the coastal resources

management council department, a water quality certification issued by the department of

environmental management pursuant to chapter 12 of this title and any permit required by the army

corps of engineers. In addition, no person, either as principal, agent, or servant, nor any firm,

corporation or any other entity, shall dispose of dredge materials other than in tidal waters without

any permit, approval or certification that may otherwise be required.

     46-23-18.1. Permitting.

     (a) Any person, either as principal, agent, or servant, or any firm, corporation or any other

entity desiring to conduct any activity or activities specified in § 46-23-18 shall file an application

for a permit with the coastal resources management council department upon forms furnished by

coastal resources management council department.

     (b) A hearing shall be held on the application within thirty (30) days of filing.

     (c) The applicant shall bear the burden of proving that the activity or activities specified in

the application will cause no significant adverse impact upon the environment or natural resources

of the state, and the coastal resources management council department shall be empowered to deny

the application if the applicant does not demonstrate, in addition to other requirements of this

chapter, that the activity or activities will not:

     (i) Significantly adversely affect any shellfish management area as designated by the

department of environmental management or the marine fisheries council;

     (ii) Be in a significant conflict with the marine ecology within or adjacent to the state's

territorial waters; or

     (iii) Significantly harm or destroy existing fishing grounds.

     (d) With respect to an application seeking a permit from the coastal resources management

council department to conduct or cause to conduct dredging, transportation and/or disposal of

dredge material, the applicant shall also satisfy the council department that the proposal in the

application is consistent with a comprehensive program developed pursuant to § 46-23-6(1)(ii)(H).

     (e) In determining whether an applicant has met the burden of proof under subsection (c),

the coastal resources management council department shall apply standards that conform with the

federal Environmental Protection Agency's applicable standards and guidelines for the

management of dredge materials, including, but not limited to, the federal Environmental

Protection Agency's rules, regulations and guidelines for deviating from said standards.

     (f) The applicant shall, at least three (3) days before commencing any dredging, give

written notice to the coastal resources management council department of the intent to commence

the activities specified in the permit.

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     46-23-18.2. Rules and regulations.

     The council department, upon recommendation by the coastal resources advisory

committee, shall issue reasonable rules and regulations governing the dredging, transporting and

disposal of all dredge materials in accordance with this chapter.

     46-23-18.3. Sites for disposal of spoil from dredge operations, selection.

     (a) The council, upon recommendation of the coastal resources advisory committee, on or

before the first day of January, 1999 and the department periodically thereafter as necessary, shall

consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H) identify and establish

one or more in-water disposal sites to be used for the purpose of disposal of dredge materials from

marinas and yacht clubs.

     (b) The council, upon recommendation of the coastal resources advisory committee, on or

before the first day of January, 2002 and the department periodically thereafter as necessary, shall

consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H) identify and establish

one or more in-water disposal sites to be used for the purpose of disposal of dredge materials from

all sources not otherwise delineated in (a) above.

     46-23-18.4. Enforcement.

     The provisions of §§ 46-23-18 through 46-23-18.3 shall be enforced by the coastal

resources management council department. Nothing herein shall be deemed to abrogate the

department of environmental management's authority to enforce its water quality standards adopted

pursuant to § 46-12-3(7) or (24).

     46-23-18.5. Fees for disposal.

     The council department is authorized to impose a fee of not less than thirty-five dollars

($35.00) per cubic yard for the disposal of dredge materials at the sites established by the council

department pursuant to § 46-23-18.3. The amount of the fee established by the council department

pursuant to the section shall be reviewed by the council department on an annual basis and revised

as the council department deems necessary, but in no event shall the fee be set at an amount less

than thirty-five dollars ($35.00) per cubic yard of material.

     46-23-18.6. Coastal Resources Management Council Dredge Fund Department of

environmental management dredge fund.

     There is hereby created a separate fund to be held by the coastal resources management

council department of environmental management to be known as the dredge fund. All amounts

pursuant to § 46-23-18.5 must be deposited into the fund and shall not be deposited into the general

fund of the state, and shall be kept by the general treasurer of the state in a separate fund for the

coastal resources management council department, and shall be paid out by the treasurer upon the

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order of the council department, without the necessity of appropriation or re-appropriation by the

general assembly. Funds must be used to create additional dredging and disposal options and for

the management of said disposal options.

     46-23-20. Administrative hearings.

     All contested cases, all contested enforcement proceedings, and all contested

administrative fines shall be heard by the administrative hearing officers, or by subcommittees as

provided in § 46-23-20.1, pursuant to the regulations promulgated by the council; provided,

however, that no proceeding and hearing prior to the appointment of the hearing officers shall be

subject to the provisions of this section department's division for administrative adjudication as

provided in § 42-17.7-1. Notwithstanding the foregoing, the commissioner director of coastal

resources management shall be authorized, in his or her discretion, to resolve contested licensing

and enforcement proceedings through informal disposition pursuant to regulations promulgated by

the council department's division for administrative adjudication as provided in § 42-17.7-1

department.

     46-23-21. Notice of permit — Recordation.

     A notice of permit shall be eligible for recordation under chapter 13 of title 34 as

determined by the executive director, and shall be recorded at the expense of the applicant in the

land evidence records of the city or town where the property subject to permit is located, and any

subsequent transferee of the property shall be responsible for complying with the terms and

conditions of the permit. The clerk of the various cities and towns shall record any orders, findings,

or decisions of the council department at no expense to the council department.

     46-23-22. Solid waste disposal licenses — Hearings.

     The chairperson of the coastal resources management council and the commissioner of the

environmental protection branch of the department of environmental management shall coordinate

concurrent conduct hearings on solid waste disposal license applications; provided, however, that

the chairperson and the commissioner of the environmental protection branch of the department of

environmental management director may designate a hearing officer or subcommittee to hear all

matters pertaining to the application and; provided further, that the hearing officer may be from the

department of environmental management, the coastal resources management council hearing

officer, a subcommittee, or an ad hoc hearing officer. The commissioner of coastal resources

management with the approval of the chairperson may waive jurisdiction in those instances where

the commissioner finds that there is no substantive coastal resources issue or that another agency

or branch has adjudicated or addressed the issue.

     46-23-23. Municipal comprehension plan consideration.

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     The coastal resources management council department shall conform to the requirements

of the Comprehensive Planning and Land Use Regulation Act, § 45-22.2.

     46-23-24. Lien on property.

     The executive director may record the notice of fee or final order of fine as a lien on the

subject property in the land evidence records of the town or city in which said property is located.

Recordation of said fee or final order of fine shall be the only manner by which said lien may be

perfected against the subject property.

     46-23-25. Issuance of beach vehicle registration permits.

     (a) The coastal resources management council department may issue beach vehicle

registration permits in accordance with § 31-8-1.1 of the general laws and adopt regulations that

the council department deems necessary to carry out the provisions of this section. The council

department may appoint responsible citizens or corporations of the state, engaged in operating

sporting goods stores to act as agents with authority to issue permits in the manner and under the

conditions as set forth below. Before an appointment shall occur, that citizen or corporation of the

state shall deliver to the council department a bond with a surety company authorized to do business

in the state of Rhode Island. The requirements and conditions of the bond shall be established by

the regulations.

     (b) Any person or corporation appointed by the council department as provided in section

(a) above shall, upon the application of any person entitled to receive a permit under this chapter

and upon payment of the specified permit fee, register and issue to the person a beach vehicle

registration permit in the form prescribed and furnished by the council department. The permit shall

bear the name, place of residence, and signature of the registrant, and the vehicle make, model,

year, and license plate number and shall authorize the registrant to own and operate a beach vehicle

in the state of Rhode Island during those seasons and in those manners and according to those

conditions as shall be provided by regulations established by the council department.

     SECTION 4. Sections 46-23-2, 46-23-2.1, 46-23-3, 46-23-4, 46-23-4.1, 46-23-5, 46-23-

12, 46-23-20.1, 46-23-20.2, 46-23-20.3, 46-23-20.4, 46-23-20.5 and 46-23-20.6 of the General

Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby repealed.

     46-23-2. Coastal resources management council created — Appointment of members.

     (a) There is hereby created the coastal resources management council. The coastal

resources management council shall consist of ten (10) members. Nine (9) members shall be

appointed by the governor, with advice and consent of the senate, and one member shall serve ex

officio. All current appointments to the coastal resources management council made by the

governor with advice and consent of the senate are hereby validated and ratified and those

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appointees shall serve until a new seven-member (7) council is selected pursuant to subsection (b)

of this section or for the remainder of their term, whichever shall occur first.

     (1) Six (6) of the members shall be appointed or elected officials of local government: three

(3) of whom shall be appointed or elected officials in a municipality of fewer than twenty-five

thousand (25,000) in population, three (3) of whom shall be appointed or elected officials in a

municipality of more than twenty-five thousand (25,000) in population. The populations are to be

determined by the latest federal census. Elected or appointed municipal officials shall hold seats on

the council only so long as they remain in their elected or appointed office. Each municipal

appointment shall cease if the appointed or elected official shall no longer hold or change the office

which they held upon appointment. At least five (5) out of the six (6) appointed or elected members

must be appointed or elected in a coastal municipality. When the governor submits his or her

appointments to the senate for advice and consent, the governor shall specify the appointed or

elected office that each municipal appointment holds; the population of the municipality

represented; and the member being replaced.

     (2) — (4) [Deleted by P.L. 2025, ch. 304, § 1 and P.L. 2025, ch. 313, § 1.]

     (b) Notwithstanding subsection (a) of this section, on March 1, 2026, all current members

of the coastal resources management council shall have their terms expire. In anticipation thereof,

prior to March 1, 2026, the governor shall appoint a coastal resources management council that

shall consist of seven (7) voting members, one of whom shall be the director of the department of

environmental management who shall serve ex officio. The six (6) remaining members shall be

public members appointed by the governor with the advice and consent of the senate. All appointed

members shall possess background, qualifications, and expertise in environmental and coastal

management matters, provided that one of whom shall be an engineer; one of whom shall be a

coastal biologist; and one of whom shall be a representative of an environmental organization.

Current or past service on the coastal resources management council shall not disqualify an

individual from reappointment pursuant to this subsection. Notwithstanding the foregoing, if the

seven-member (7) council is not seated by March 1, 2026, in accordance with this section, the

members appointed pursuant to subsection (a) of this section shall continue to serve until such time

as all members are appointed and confirmed in accordance with this section.

     (c) In addition to the foregoing voting members, the coastal resources management council

may include a varying number of other members who may serve in an advisory capacity without

the right to vote and who may be invited to serve by either the governor or the voting members.

These advisory members may represent the federal agencies such as the navy, coast guard, corps

of engineers, public health service, and the Federal Water Pollution Control Administration, and

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such regional agencies as the New England River Basins Commission and the New England

Regional Commission and any other group or interest not otherwise represented.

     (d) There may be established a coastal resources advisory committee which committee,

appointed by the executive director of the coastal resources management council, may include, but

not be limited to, representation from the following groups: one of whom may be a representative

of the university of Rhode Island graduate school of oceanography and the college of resources

development, one of whom may be a representative of the Sea Grant National College Program,

one of whom may be a representative of the army corps of engineers, one of whom may be a

representative of the federal environmental protection agency's Narragansett Bay laboratory, one

of whom shall be a representative of the coastal resources management council, one of whom may

be the director of the department of environmental management; one of whom may be a member

of the Rhode Island Marine Trade Association and one of whom may be a representative of a

regional environmental group. The coastal resources management council shall have the authority

to appoint such additional members to the advisory committee as is deemed necessary or advisable

by the advisory committee or the council. It shall be the responsibility of the committee to advise

the coastal resources management council on environmental coastal resources management issues

relating to dredging and permitting related thereto, including, but not limited to, those issues

defined in §§ 46-23-18.1 — 46-23-18.3, inclusive.

     (e) The council shall have the authority to form committees of other advisory groups as

needed from both its own members and others.

     46-23-2.1. Members — Term of office — Vacancies.

     (a)(1) Subject to the provisions of § 46-23-2, all members shall serve until their successors

are appointed and qualified.

     (2) Term limits on the coastal resources management council shall be determined by the

governor as follows: Two (2) appointees shall serve an initial term of three (3) years and shall be

eligible for reappointment in accordance with this section; two (2) appointees shall serve an initial

term of two (2) years and shall be eligible for reappointment in accordance with this section; and

two (2) appointees shall serve an initial term of one year and shall be eligible for reappointment in

accordance with this section.

     (3) After the expiration of the terms of all initial members pursuant to this subsection,

succeeding appointments shall be for a term of three (3) years, and during the month of January,

the governor shall appoint, with the advice and consent of the senate, a member to succeed the

member whose term will then next expire for a term of three (3) years commencing on the first day

of February next following and until a successor is named and qualified.

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     (b) The members are eligible for successive appointments.

     (c) Elected or appointed municipal officials shall hold seats on the coastal resources

management council, only so long as they remain in their elected or appointed office.

     (d) A vacancy other than by expiration shall be filled in the manner of the original

appointment but only for the unexpired portion of the term. Any person appointed to fill said

vacancy shall complete the unexpired term and shall then be eligible for reappointment pursuant to

this section. The governor shall have the power to remove their appointee for just cause.

     46-23-3. Oath of members.

     Each appointed member of the council, before entering upon his or her duties, shall take

an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be

filed in the office of the secretary of state.

     46-23-4. Officers of the council — Quorum and vote required for action.

     The governor shall select from the appointed members a chairperson and vice chairperson.

The coastal resources management council shall thereupon select a secretary from among its

membership or staff. The council may engage staff, including legal counsel, as it deems necessary.

A quorum shall consist of six (6) members of the council provided, however, for the council

appointed pursuant to § 46-23-2(b) a quorum shall consist of four (4) members of the council. A

majority vote of those present shall be required for action.

     46-23-4.1. Executive director of coastal resources management.

     The governor shall appoint, with the advice and consent of the senate, an executive director

of coastal resources management who shall be an employee of the council and who shall not be a

member of the council. The executive director shall coordinate and liaison with the director of the

department of environmental management, and the executive director's staff shall be at the same

staff level as the other executive directors, and the executive director shall work directly with the

other division leaders. The executive director of coastal resources management shall be in the

unclassified service. The primary duty and responsibility of the executive director shall be to

continue planning for and management of the resources of the state's coastal region.

     46-23-5. Expenses of members.

     (a) The members of the council and the chairperson shall not be compensated for their

service on the board, but the members and chairperson shall be reimbursed for their actual expenses

necessarily incurred in the performance of their duties.

     (b) [Deleted by P.L. 2005, ch. 117, art. 21, § 34.]

     46-23-12. Representation from coastal communities.

     Upon the expiration of a term of a member appointed by the governor, as an appointed or

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elected official of local government from a coastal municipality as set out in § 46-23-2, the governor

shall appoint an appointed or elected official of a coastal municipality which, at the time of the

governor's appointment, has no appointed or ex officio representation on the council.

     46-23-20.1. Hearing officers — Appointment — Compensation — Subcommittee.

     (a) The governor, with the advice and consent of the senate, shall appoint two (2) hearing

officers who shall be attorneys-at-law, who, prior to their appointment, shall have practiced law for

a period of not less than five (5) years for a term of five (5) years; provided, however, that the initial

appointments shall be as follows: one hearing officer shall be appointed for a term of three (3) years

and one hearing officer shall be appointed for a term of five (5) years. The appointees shall be

addressed as hearing officers.

     (b) The governor shall designate one of the hearing officers as chief hearing officer. The

hearing officers shall hear proceedings as provided by this section, and the council, with the

assistance of the chief hearing officer, may promulgate such rules and regulations as shall be

necessary or desirable to effect the purposes of this section.

     (c) A hearing officer shall be devoted full time to these administrative duties, and shall not

otherwise practice law while holding office nor be a partner nor an associate of any person in the

practice of law.

     (d) Compensation for hearing officers shall be determined by the unclassified pay board.

     (e) Whenever the chairperson of the coastal resources management council or, in the

absence of the chairperson, the commissioner of coastal resources makes a finding that the hearing

officers are otherwise engaged and unable to hear a matter in a timely fashion, he or she may

appoint a subcommittee which will act as hearing officers in any contested case coming before the

council. The subcommittee shall consist of at least one member; provided, however, that in all

contested cases an additional member shall be a resident of the coastal community affected. The

city or town council of each coastal community shall, at the beginning of its term of office, appoint

a resident of that city or town to serve as an alternate member of the aforesaid subcommittee should

there be no existing member of the coastal resources management council from that city or town

available to serve on the subcommittee. Any member of the subcommittee actively engaged in

hearing a case shall continue to hear the case, even though his or her term may have expired, until

the case is concluded and a vote taken thereon. Hearings before subcommittees shall be subject to

all rules of practice and procedure as govern hearings before hearing officers.

     46-23-20.2. Clerk.

     The commissioner of coastal resources or his or her designee shall serve as clerk to the

hearing officers. The clerk shall have general charge of the office, keep a full record of proceedings,

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file and preserve all documents and papers, prepare such papers and notices as may be required,

and perform such other duties as required. The commissioner shall have the power to issue

subpoenas for witnesses and documents and to administer oaths in all cases before any hearing

officer or pertaining to the duties of his or her office.

     46-23-20.3. Prehearing procedure.

     (a) Prior to the commencement of any hearing, the hearing officer may in his or her

discretion direct the parties or their attorneys to appear before him or her for such conferences as

shall be necessary. At the conferences, the hearing officer may order any party to file, prior to the

commencement of any formal hearing, exhibits that the party intends to use in the hearing, and the

names and addresses of witnesses that the party intends to produce in its direct case, together with

a short statement of the testimony of each witness. Following entry of an order, a party shall not be

permitted, except in the discretion of the hearing officer, to introduce into evidence, in the party's

direct case, exhibits which are not filed in accordance with the order. At the conference, the hearing

officer may designate a date before which he or she requires any party to specify what issues are

conceded, and further proof of conceded issues shall not be required. The hearing officer shall also

require the parties to simplify the issues, to consider admissions of fact and of documents which

will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing officer shall

enter an order reciting the concessions and agreements made by the parties, and shall enter an order

on such other matters as are pertinent to the conduct of the hearing, and unless modified, the hearing

shall be conducted by the order.

     (b) The hearing officer may also order the parties to file, prior to the commencement of

any hearing, the testimony of any or all of their respective witnesses, and to submit the testimony

to the hearing officer and the opposing party or the opposing counsel by such date as the hearing

officer shall determine. The witness shall testify under oath, and all of the testimony shall be in a

question and answer format. Save for good cause shown, said testimony shall be the direct

examination of the witness; provided, however, that the witness shall be available at the hearing

for cross-examination by the opposing party or opposing counsel.

     (c) The council, with the assistance of the chief hearing officer, shall promulgate, by

regulation, such other prehearing procedures and/or hearing procedures as deemed necessary,

including the use of portions of the superior court civil rules of discovery where such are not

inconsistent with the applicable provisions of the Administrative Procedures Act, chapter 35 of title

42.

     46-23-20.4. Hearings — Orders.

     (a) Subject to the provisions of this chapter, every hearing for the adjudication of a violation

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or for a contested matter shall be held before a hearing officer or a subcommittee. The chief hearing

officer shall assign a hearing officer to each matter not assigned to a subcommittee. After due

consideration of the evidence and arguments, the hearing officer shall make written proposed

findings of fact and proposed conclusions of law which shall be made public when submitted to the

council for review. The council may, in its discretion, adopt, modify, or reject the findings of fact

and/or conclusions of law; provided, however, that any modification or rejection of the proposed

findings of fact or conclusions of law shall be in writing and shall state the rationales therefor.

     (b) The director of the department of environmental management and the coastal resources

management council shall promulgate such rules and regulations, not inconsistent with law, as to

assure uniformity of proceedings as applicable.

     46-23-20.5. Ex parte consultations.

     Council members shall have no communication directly or indirectly, with a hearing officer

relating to any issue of fact or of law on any matter then pending before the hearing officer.

     46-23-20.6. Oaths — Subpoenas — Powers of hearing officers.

     The hearing officers are hereby severally authorized and empowered to administer oaths,

and the hearing officers, in all cases of every nature pending before them, are hereby authorized

and empowered to summon and examine witnesses and to compel the production and examination

of papers, books, accounts, documents, records, certificates and other legal evidence that may be

necessary or proper for the determination and decision of any question before or the discharge of

any duty required by law of the hearing officer. All subpoenas and subpoena duces tecum shall be

signed by a hearing officer or the commissioner of coastal resources, and shall be served as

subpoenas are served in civil cases in the superior court; and witnesses so subpoenaed shall be

entitled to the same fees for attendance and travel as are provided for witnesses in civil cases in the

superior court. In cases of contumacy or refusal to obey the command of the subpoena so issued,

the superior court shall have jurisdiction upon application of the council with proof by affidavit of

the fact, to issue a rule or order returnable, in not less than two (2) nor more than five (5) days,

directing the person to show cause why he or she should not be adjudged in contempt. Upon return

of such order, the justice, before whom the matter is brought for hearing, shall examine under oath

the person, and the person shall be given an opportunity to be heard, and if the justice shall

determine that the person has refused without reasonable cause or legal excuse to be examined or

to answer legal or pertinent questions, he or she may impose a fine upon the offender or forthwith

commit the offender to the adult correctional institutions, there to remain until he or she submits to

do the act which he or she was so required to do, or is discharged according to law.

     SECTION 5. This act shall take effect upon passage.

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LC006023

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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 merge the coastal resources management council with the department of

environmental management and create the bureau of coastal resources management within the

department of environmental management.

     This act would take effect upon passage.

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LC006023

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