CHAPTER 163

94-S 2884A

Approved Jul. 8, 1994.

AN ACT RELATING TO THE STATE CONSERVATION COMMITTEE

It is enacted by the General Assembly as follows:

SECTION 1. Sections 2-4-2, 2-4-3, 2-4-9 and 2-4-11 of the General Laws in Chapter 2-4 entitled "Soil Conservation" are hereby amended to read as follows:

{ADD 2-4-2. Definitions. -- ADD} Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1)"District" or "conservation district" means a subdivision of the state conservation committee, and a quasi public corporation organized in accordance with the provisions of this chapter, for the purposes, with the powers, and subject to the restrictions hereinafter set forth. All districts heretofore or hereafter created under this chapter shall be known as conservation districts and shall have all the powers and duties set out herein. All references in this chapter to "districts" shall be deemed to be references to "conservation districts".

(2)"Director", unless the context clearly indicates otherwise, means one (1) of the members of the governing body of a district, appointed or elected in accordance with the provisions of this chapter.

(3) "Committee" or "state conservation committee" means the agency created in section 2-4-3. All references in this chapter to "state conservation committee", "state committee", or "committee" shall be deemed to be references to "state conservation committee".

(4) "Land occupier" or "occupier of land" includes any person, firm or corporation who shall hold title to, or shall be in possession of, any lands lying within a district organized under the provisions of this chapter, whether as owner, renter, lessee, tenant, town, municipality or otherwise.

(5) "Renewable natural resources", "natural resources", or "resources" includes land, soil, water, vegetation, trees, fish, wildlife, streams, rivers, natural beauty, scenery, and open space.

(6) "Conservation" includes conservation, improvement, maintenance, preservation, protection and use, and the control and prevention of floodwater and sediment damages, and the safe disposal of water.

{ADD (7) "Associate Director" means a designated representative of any community who serves to advise and consult with the board of directors of a district. ADD}

{ADD 2-4-3. State conservation committee. -- ADD} There is hereby established, within the department of environmental management to serve as an agency of the state and to perform the functions conferred upon it by this chapter, the state conservation committee. The following shall serve as members of the committee: the director of environmental management, one (1) conservation district director representative from each conservation district, one (1) governor's appointee, one (1) state senator, and one (1) state representative.

District director representatives to the state committee will be selected for a term of three (3) years by the district board of directors at their annual meeting and the state committee shall be duly notified of the results of this election at least thirty (30) days prior to the expiration of the term of office. State committee members shall hold office until a successor has been duly selected. Vacancies shall be filled for any unexpired terms. The selection of successors to fill an unexpired term or for a full term shall be in the same manner in which the respective state committee member shall have been selected.

The governor's appointive member of the committee shall be selected every two (2) years by the governor, and select and represent those interests within the state not already represented, or less fully represented, on the committee.

General assembly members of the committee shall be selected every two (2) years. The state senator member shall be appointed by the lieutenant governor. The house of representatives member to the committee shall be appointed by the speaker of the house of representatives.

The committee shall invite the director of the cooperative extension service and agricultural experiment station, chief of the office of state planning, director of transportation, the president of the Rhode Island Association of conservation districts, the state conservationist of the USDA soil conservation service, the state executive director of the USDA agricultural stabilization and conservation service, {ADD the chairperson of the water resources board, and the executive director of the coastal resources management council, ADD} and any other agency representatives necessary, to carry out the intent of this chapter, to serve as advisors to the state committee.

The committee shall keep a record of its official actions, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this chapter.

{ADD 2-4-9. Designation of district directors -- Appointments -- Elections. -- ADD} Three (3) directors will be appointed by the state conservation committee and shall be persons who are by training and experience qualified to perform the services which will be required of them in the performance of their duties. In appointing directors, the state committee shall take into consideration the recommendations of the representative of the state committee from the area in which the district is located, as well as representation of the various interests of the district such as agricultural, woodland, wildlife, recreation, community and conservation groups.

The committee shall receive nomination petitions for directors, whose terms shall have expired, by or before January 15 of the year following such expiration and shall take action to approve or reject the nominees within thirty (30) days of receipt. The committee shall have authority to extend the time within which nominating petitions may be filed.

No nomination petition shall be accepted by the committee unless it shall be subscribed by twenty-five (25) or more occupiers of lands lying within the boundaries of district. Land occupiers may sign more than one nominating petition to nominate more than one candidate for director.

The conservation districts shall give due notice of and hold elections for the two (2) directors for each district on or before January 15 of the year following the expiration of such elected directors terms. All occupiers of lands lying within the district shall be eligible to vote in the election. The two (2) candidates who shall receive the largest number, respectively, of the votes cast in the election shall be the elected directors for the district.

All elections of directors shall be supervised and conducted by the district directors of the districts involved. The election shall be held during a period prescribed or approved by the state conservation committee and in such manner and under such rules and regulations as the state committee shall prescribe. The cost of conducting elections shall be borne by the district involved. The board of directors shall certify to the state committee the names of the elected directors. The state committee shall issue certificates of election to each director so certified, and shall publish the results thereof in some newspaper of general circulation in the area.

{ADD The board of directors may appoint associate directors, as deemed necessary, to advise and consult with the board and to broaden representation from the communities within the district. ADD}

{ADD 2-4-11. Consultation with municipal representatives. -- ADD} The directors may invite the legislative body of any municipality within the district to designate a representative {ADD to serve as an associate director ADD} to advise and consult with them on all questions of programs and policy which may affect the property, water supply or other interest of the municipality. The board of directors may appoint, as they deem necessary, advisory committees to assure the availability of appropriate channels of communications to the board of directors, to persons affected by district operations, and to local, federal, state, regional and interstate special-purpose districts and agencies responsible for community planning, conservation commissions, zoning or resource development activities. The district shall keep the advisory committees informed of its work; and the advisory committees shall submit recommendations from time to time to the board of directors.

SECTION 2. This act shall take effect upon passage.



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