CHAPTER 162

95-S 889

Approved Jul. 3, 1995

.

AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND GREENWAYS PROGRAM

It is enacted by the General Assembly as follows:

SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is hereby amended by adding thereto the following chapter:

{ADD CHAPTER 125

RHODE ISLAND GREENWAYS PROGRAM ADD}

{ADD 42-125-1. Short title. -- ADD} {ADD This chapter shall be known and may be cited as "The Rhode Island Greenways Act of 1995". ADD}

{ADD 42-125-2. Legislative findings and declaration of public policy. -- ADD} {ADD (a) The general assembly finds that greenways:

(1) Provide transportation opportunities, for people, animals, plants, and water;

(2) Connect natural, historical, and cultural resources and communities;

(3) Are themselves habitat and natural resource areas;

(4) Enhance scenic quality;

(5) Promote economic development and are a tourism asset;

(6) Assist in the management of storm water and floods;

(7) Improve water and air quality;

(8) Foster environmental awareness and are educationally beneficial;

(9) Offer recreational opportunities, including walking, hiking, jogging, biking and canoeing;

(10) Contribute to the establishment, re-establishment and maintenance of larger natural and social systems;

(b) It is, therefore, declared that the development of systems of greenways is in the public interest and necessary to securing the public health and welfare of the people of the state and important to improving and maintaining the ecological health and quality of life in Rhode Island.

(c) The general assembly further finds that in urban, suburban and rural areas of the state, greenways are being created and maintained by individuals, local citizen groups, nonprofit organizations, local and state government, and with the assistance of the National Park Service, and that these efforts would be strengthened and advanced by:

(1) Formal recognition of the state's interest in greenways.

(2) Regular, formal coordination among state departments and agencies engaged in or assisting with the creation and maintenance of greenways.

(3) Public information about the location of recreational and cultural resources and greenways in the state.

(d) It is, therefore, declared that the development and use of systems of greenways is a policy of the state and that the implementation of this policy through coordinated state government activity is the purpose of this chapter. ADD}

{ADD 42-125-3. Definitions. -- ADD} {ADD As used in this chapter, the following words and terms shall have the following meaning unless the context shall indicate another or different meaning:

(a) "Council" shall mean the state greenways council.

(b) "Greenway" shall mean a corridor of protected open space managed for conservation, recreation or transportation purposes. ADD}

{ADD 42-125-4. Establishment of council -- Purpose. -- ADD} {ADD There is hereby authorized, created, and established within the state of Rhode Island department of administration, division of planning a state greenways council known as "the state greenways council," with such powers as are set forth in this chapter, for the purposes of coordinating activities among state departments and agencies engaged in the creation and maintenance of greenways, cooperating with and providing guidance and assistance to cities and towns, businesses, nonprofit organizations, citizen groups, and individuals in the creation and maintenance of greenways, and providing public information about the location of recreational and cultural resources and greenways in the state. ADD}

{ADD 42-125-5. Council created -- Appointment of members. -- ADD} {ADD Such council shall consist of seven (7) members to be appointed in the following manner:

Two (2) members shall represent the public and shall be appointed by the governor, one (1) member shall be a city or town official and shall be appointed by the governor, one (1) member shall be the director of administration or his or her designee, one (1) member shall be the director of the department of economic development or his or her designee, one (1) member shall be the director of the department of environmental management or his or her designee, and one (1) member shall be the director of the department of transportation or his or her designee. The governor shall appoint one (1) member of the council to be the chairperson of the council. ADD}

{ADD 42-125-6. Powers and duties. -- ADD} {ADD The council shall have the following powers:

(a) To be entitled to ask for and receive from any commission, board, officer or agency of the state such information, cooperation, assistance, and advice as shall be reasonable and proper in view of the nature of the council's functions;

(b) To assess and evaluate the current programs and policies of the state as they relate to the creation and maintenance of systems of greenways throughout the state and to make recommendations regarding the coordination of activities within state government to create and maintain systems of greenways as part of the state's twenty-first century infrastructure;

(c) To make such recommendations as may be necessary to the state planning council to maintain a greenways element of the state guide plan as described in section 42-11-10;

(d) To make recommendations to the director of the department of economic development regarding the inclusion of greenways in programs to promote tourism and encourage the location and development of recreational facilities as provided for in section 42-63-2(a);

(e) To make recommendations to the director of the department of environmental management regarding the inclusion of greenways in (1) the department's cooperation with the department of economic development in planning and promotional functions relating to recreation as provided for in section 42-17.1-2(f), and (2) the department's general functions relating to parks and recreation, preservation of wetlands and habitat, and planning and development as provided for in section 42-17.1-4;

(f) To make recommendations to the director of the department of transportation regarding the inclusion of greenways in plans and implementation programs for transportation as provided for in section 42-13-1;

(g) To provide advice and assistance to political subdivisions, businesses, citizen groups, and nonprofit organizations regarding the creation and maintenance of greenways;

(h) To foster public involvement in greenways planning and development;

(i) To apply for, contract for, and expend federal and other grants or assistance, appropriate to the purposes of this chapter, and

(j) To report its activities, findings, and recommendations to the governor and the general assembly. ADD}

{ADD 42-125-7. Greenways map. -- ADD} {ADD The council shall oversee the preparation of a state greenways map for public distribution, which map shall show the location of greenways and trails, scenic roads, watershed boundaries, major rivers and water bodies, natural resource and recreation areas, and cultural resources, including historic districts, and such other information as the council may deem appropriate. ADD}

{ADD 42-125-8. Liberal construction. -- ADD} {ADD The provisions of this chapter shall be construed liberally in order to accomplish the purposes thereof. ADD}

{ADD 42-125-9. Sunset. -- ADD} {ADD The provisions of this chapter shall be repealed effective December 31, 1998. ADD}

SECTION 2. This act shall take effect upon passage.



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