Rhode Island 2023 Regular Session

Rhode Island House Bill H6460 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6460
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7	7	LC003082
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIO NS OF
16	16	DEPARTMENT OF ENVIRO NMENTAL MANAGEMENT
17	17	Introduced By: Representatives Noret, and Nardone
18	18	Date Introduced: May 31, 2023
19	19	Referred To: House Environment and Natural Resources
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 2-1-20.1 of the General Laws in Chapter 2-1 entitled "Agricultural 1
24	24	Functions of Department of Environmental Management" is hereby amended to read as follows: 2
25	25	2-1-20.1. Rules and regulations. 3
26	26	(a) The director is authorized to adopt, modify, or repeal rules and regulations that are in 4
27	27	accord with the purposes of §§ 2-1-18 — 2-1-27 and are subject to the administrative procedures 5
28	28	act, chapter 35 of title 42, except for those freshwater wetlands located in the vicinity of the coast 6
29	29	as set out in chapter 23 of title 46 which shall be regulated by the coastal resources management 7
30	30	council consistent with the provisions of chapter 23 of title 46 and §§ 2-1-18 — 2-1-20.1 and 2-1-8
31	31	27. 9
32	32	(b) The director is authorized to establish jurisdictional areas through regulation. The rules 10
33	33	and regulations promulgated pursuant to § 2-1-20.1 shall apply within the jurisdictional areas 11
34	34	defined in § 2-1-20 and subject to the provisions of § 2-1-22(k) and to activities as provided for in 12
35	35	§ 2-1-21. 13
36	36	(c) Within eighteen (18) months from enactment of this section, the department and the 14
37	37	coastal resources management council shall promulgate standards for freshwater wetland buffers 15
38	38	and setbacks into state rules and regulations pursuant to their respective authorities. The department 16
39	39	and the coastal resources management council shall collaborate to develop the state standards for 17
40	40	freshwater buffers and setbacks that will be incorporated into the programs of both agencies. State 18
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44	44	regulations designating buffers shall include a procedure that allows a municipality to petition the 1
45	45	agency director with jurisdiction to increase the size of the buffer within the designated 2
46	46	jurisdictional area protecting one or more freshwater wetland resources. 3
47	47	(d) In developing standards specified in § 2-1-20.1(c), the department and the coastal 4
48	48	resources management council shall take into consideration agricultural and plant-based green 5
49	49	infrastructure practices and activities, while ensuring protection of the state’s natural resources. In 6
50	50	setting criteria, the department shall take into account, at a minimum, existing land use, watershed 7
51	51	and wetland resource characteristics, and the type of activity including acceptable best management 8
52	52	practices. The director shall establish by appointment an advisory work group to facilitate input on 9
53	53	the development of criteria for freshwater wetland setbacks and buffers applicable to agricultural 10
54	54	activities and plant-based green infrastructure. The advisory group shall include, at minimum, the 11
55	55	following: one representative from the Rhode Island Farm Bureau, one representative of the Rhode 12
56	56	Island nursery and landscape association, one representative of the department of environmental 13
57	57	management agency agricultural advisory committee, an operator of a small-scale agricultural 14
58	58	enterprise, and one professional with expertise in soil and water conservation practices. 15
59	59	(e) In the event that a property owner in the town of Coventry owning property on littoral 16
60	60	land or land adjacent to a pond with a capacity greater than one thousand four hundred (1,400) 17
61	61	normal storage acre feet of water seeks to alter, repair or modify or replace a dock on a pond, the 18
62	62	property owner shall only need approval from the department of environmental management. All 19
63	63	docks existing as of the date of the enactment of this section are deemed to be accepted as “existing 20
64	64	docks” by the department. For purposes of this section “pond” has the same meaning as defined in 21
65	65	§ 2-1-20. Ponds owned by the State of Rhode Island and its governmental subdivisions, by any city 22
66	66	or town and their governmental subdivisions or by any quasi-public entity or utility shall not be 23
67	67	subject to this section. 24
68	68	SECTION 2. This act shall take effect upon passage. 25
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75	75	EXPLANATION
76	76	BY THE LEGISLATIVE COUNCIL
77	77	OF
78	78	A N A C T
79	79	RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIO NS OF
80	80	DEPARTMENT OF ENVIRO NMENTAL MANAGEMENT
81	81	***
82	82	This act would permit residents on ponds in Coventry with a capacity in excess of one 1
83	83	thousand four hundred (1,400) normal storage acre feet of water, to alter, repair, modify, or replace 2
84	84	a dock on the pond by seeking approval only from the department of environmental management. 3
85	85	This act would take effect upon passage. 4
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