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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO AGRICULTURE AND FORESTRY -- AGRICULTURAL FUNCTIO NS OF |
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| 16 | 16 | | DEPARTMENT OF ENVIRO NMENTAL MANAGEMENT |
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| 17 | 17 | | Introduced By: Senators Raptakis, DiMario, Euer, Murray, and Tikoian |
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| 18 | 18 | | Date Introduced: March 07, 2023 |
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| 19 | 19 | | Referred To: Senate Environment & Agriculture |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 2-1-20.1 of the General Laws in Chapter 2-1 entitled "Agricultural 1 |
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| 24 | 24 | | Functions of Department of Environmental Management" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 2-1-20.1. Rules and regulations. 3 |
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| 26 | 26 | | (a) The director is authorized to adopt, modify, or repeal rules and regulations that are in 4 |
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| 27 | 27 | | accord with the purposes of §§ 2-1-18 — 2-1-27 and are subject to the administrative procedures 5 |
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| 28 | 28 | | act, chapter 35 of title 42, except for those freshwater wetlands located in the vicinity of the coast 6 |
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| 29 | 29 | | as set out in chapter 23 of title 46 which shall be regulated by the coastal resources management 7 |
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| 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 |
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| 31 | 31 | | 27. 9 |
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| 32 | 32 | | (b) The director is authorized to establish jurisdictional areas through regulation. The rules 10 |
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| 33 | 33 | | and regulations promulgated pursuant to § 2-1-20.1 shall apply within the jurisdictional areas 11 |
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| 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 |
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| 35 | 35 | | § 2-1-21. 13 |
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| 36 | 36 | | (c) Within eighteen (18) months from enactment of this section, the department and the 14 |
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| 37 | 37 | | coastal resources management council shall promulgate standards for freshwater wetland buffers 15 |
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| 38 | 38 | | and setbacks into state rules and regulations pursuant to their respective authorities. The department 16 |
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| 39 | 39 | | and the coastal resources management council shall collaborate to develop the state standards for 17 |
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| 40 | 40 | | freshwater buffers and setbacks that will be incorporated into the programs of both agencies. State 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 44 | 44 | | regulations designating buffers shall include a procedure that allows a municipality to petition the 1 |
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| 45 | 45 | | agency director with jurisdiction to increase the size of the buffer within the designated 2 |
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| 46 | 46 | | jurisdictional area protecting one or more freshwater wetland resources. 3 |
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| 47 | 47 | | (d) In developing standards specified in § 2-1-20.1(c), the department and the coastal 4 |
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| 48 | 48 | | resources management council shall take into consideration agricultural and plant-based green 5 |
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| 49 | 49 | | infrastructure practices and activities, while ensuring protection of the state’s natural resources. In 6 |
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| 50 | 50 | | setting criteria, the department shall take into account, at a minimum, existing land use, watershed 7 |
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| 51 | 51 | | and wetland resource characteristics, and the type of activity including acceptable best management 8 |
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| 52 | 52 | | practices. The director shall establish by appointment an advisory work group to facilitate input on 9 |
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| 53 | 53 | | the development of criteria for freshwater wetland setbacks and buffers applicable to agricultural 10 |
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| 54 | 54 | | activities and plant-based green infrastructure. The advisory group shall include, at minimum, the 11 |
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| 55 | 55 | | following: one representative from the Rhode Island Farm Bureau, one representative of the Rhode 12 |
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| 56 | 56 | | Island nursery and landscape association, one representative of the department of environmental 13 |
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| 57 | 57 | | management agency agricultural advisory committee, an operator of a small-scale agricultural 14 |
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| 58 | 58 | | enterprise, and one professional with expertise in soil and water conservation practices. 15 |
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| 59 | | - | (e) In the event that a property owner in the town of Coventry owning property on littoral 16 |
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| 60 | | - | land or land adjacent to a pond with a capacity greater than one thousand four hundred (1,400) 17 |
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| 61 | | - | normal storage acre feet of water seeks to alter, repair, modify or replace a dock on a pond, the 18 |
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| 62 | | - | property owner shall only need approval from the department of environmental management. All 19 |
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| 63 | | - | docks existing as of the date of the enactment of this section are deemed to be acceptable as 20 |
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| 64 | | - | "existing docks" by the department. For purposes of this subsection "pond" has the same meaning 21 |
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| 65 | | - | as defined in § 2-1-20. Ponds owned by the State of Rhode Island and its governmental subdivisions 22 |
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| 66 | | - | by any city or town, and their governmental subdivisions or by any quasi-public entity or utility 23 |
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| 67 | | - | shall not be subject to this section. 24 |
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| 68 | | - | SECTION 2. This act shall take effect upon passage. 25 |
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| 59 | + | (e) In the event a resident of the town of Coventry residing on littoral land or land adjacent 16 |
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| 60 | + | to a pond with a capacity greater than one hundred seventy (170) acres of water seeks to alter, 17 |
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| 61 | + | repair, modify or replace a dock on the pond, the resident shall only need approval from the 18 |
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| 62 | + | department of environmental management and the town of Coventry. For purposes of this 19 |
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| 63 | + | subsection "pond" has the same meaning as defined in § 2-1-20. 20 |
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| 64 | + | SECTION 2. This act shall take effect upon passage. 21 |
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| 82 | | - | This act would permit property owners on ponds in Coventry with a capacity in excess of 1 |
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| 83 | | - | one thousand four hundred (1,400) normal storage acre feet of water, to alter, repair, modify, or 2 |
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| 84 | | - | replace a dock on the pond by seeking approval only from the department of environmental 3 |
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| 85 | | - | management. 4 |
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| 78 | + | This act would permit residents on ponds in Coventry with a capacity in excess of one 1 |
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| 79 | + | hundred seventy (170) acres of water, to alter, repair, modify, or replace a dock on the pond by 2 |
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| 80 | + | seeking approval only from the department of environmental management and the town of 3 |
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| 81 | + | Coventry. 4 |
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