2023 -- S 0197 ======== LC000634 ======== S TATE OF RHODE IS LAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2023 ____________ A N A C T RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MA NAGEMENT COUNCIL Introduced By: Senators Sosnowski, Miller, Ujifusa, Euer, DiMario, McKenney, and Valverde Date Introduced: February 16, 2023 Referred To: Senate Environment & Agriculture It is enacted by the General Assembly as follows: SECTION 1. Section 46-23-2 of the General Laws in Chapter 46-23 entitled "Coastal 1 Resources Management Council" is hereby amended to read as follows: 2 46-23-2. Coastal resources management council created — Appointment of members. 3 (a) There is hereby created the coastal resources management council. The coastal 4 resources management council shall consist of ten (10) members. Nine (9) members shall be 5 appointed by the governor, with advice and consent of the senate, and one member shall serve ex 6 officio. All current appointments to the coastal resources management council made by the 7 governor with advice and consent of the senate are hereby validated and ratified and those 8 appointees shall serve for the remainder of their term. 9 (1) Six (6) of the members shall be appointed or elected officials of local government: three 10 (3) of whom shall be appointed or elected officials in a municipality of fewer than twenty-five 11 thousand (25,000) in population, three (3) of whom shall be appointed or elected officials in a 12 municipality of more than twenty-five thousand (25,000) in population. The populations are to be 13 determined by the latest federal census. Elected or appointed municipal officials shall hold seats on 14 the council only so long as they remain in their elected or appointed office. Each municipal 15 appointment shall cease if the appointed or elected official shall no longer hold or change the office 16 which they held upon appointment. At least five (5) out of the six (6) appointed or elected members 17 must be appointed or elected in a coastal municipality. When the governor submits his or her 18 LC000634 - Page 2 of 4 appointments to the senate for advice and consent, the governor shall specify the appointed or 1 elected office that each municipal appointment holds; the population of the municipality 2 represented; and the member being replaced. 3 (2) Three (3) members shall be appointed by the governor from the public, with the advice 4 and consent of the senate, one of the public members shall be a representative from Save the Bay, 5 one shall be an active, licensed fisher that receives at least fifty percent (50%) of their income from 6 landings, and one shall be from an organization representing developers, one of the public members 7 and his or her successors shall reside in a coastal municipality. 8 (3) All members shall serve until their successors are appointed and qualified; during the 9 month of January, the governor shall appoint, with the advice and consent of the senate, a member 10 to succeed the members whose term will then next expire for a term of three (3) years commencing 11 on the first day of February next following and until their successor is named and qualified. A 12 member shall be eligible for successive appointments. No more than two (2) persons on the council 13 shall be from the same municipality. A vacancy other than by expiration shall be filled in the 14 manner of the original appointment but only for the unexpired portion of the term. 15 (4) The director of the department of environmental management, or their designee, shall 16 serve ex officio. The ex-officio member shall not be counted as serving from any particular 17 municipality. 18 (b) In addition to the foregoing voting members, the council may include a varying number 19 of other members who may serve in an advisory capacity without the right to vote and who may be 20 invited to serve by either the governor or the voting members. These advisory members may 21 represent the federal agencies such as the navy, coast guard, corps of engineers, public health 22 service, and the Federal Water Pollution Control Administration, and such regional agencies as the 23 New England River Basins Commission and the New England Regional Commission and any other 24 group or interest not otherwise represented. 25 (c) There may be established a coastal resources advisory committee which committee, 26 appointed by the executive director of the coastal resources management council, may include, but 27 not be limited to, representation from the following groups: one of whom may be a representative 28 of the university of Rhode Island graduate school of oceanography and the college of resources 29 development, one of whom may be a representative of the Sea Grant National College Program, 30 one of whom may be a representative of the army corps of engineers, one of whom may be a 31 representative of the federal environmental protection agency’s Narragansett Bay laboratory, one 32 of whom shall be a representative of the coastal resources management council, one of whom may 33 be the director of the department of environmental management; one of whom may be a member 34 LC000634 - Page 3 of 4 of the Rhode Island Marine Trade Association and one of whom may be a representative of a 1 regional environmental group. The council shall have the authority to appoint these additional 2 members to the advisory committee as is deemed necessary or advisable by the advisory committee 3 or the council. It shall be the responsibility of the committee to advise the coastal resources 4 management council on environmental issues relating to dredging and permitting related thereto, 5 including, but not limited to, those issues defined in §§ 46-23-18.1 — 46-23-18.3, inclusive. 6 (d) The council shall have the authority to form committees of other advisory groups as 7 needed from both its own members and others. 8 SECTION 2. This act shall take effect upon passage. 9 ======== LC000634 ======== LC000634 - Page 4 of 4 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MA NAGEMENT COUNCIL *** This act would require that the appointment of public members include an active, licensed 1 fisher, a representative from Save the Bay and from an organization representing developers. 2 This act would take effect upon passage. 3 ======== LC000634 ========