| 23 | | - | SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is 1 |
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| 24 | | - | hereby amended by adding thereto the following chapter: 2 |
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| 25 | | - | CHAPTER 33 3 |
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| 26 | | - | FRESHWATER LAKE MANAGEMENT PROGRAM 4 |
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| 27 | | - | 46-33-1. Legislative findings and purpose. 5 |
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| 28 | | - | Rhode Island's freshwater resources provide great benefits to the citizens of Rhode Island, 6 |
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| 29 | | - | including, but not limited to, a variety of recreational opportunities, mitigation of flooding and 7 |
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| 30 | | - | provision of habitat for wildlife and plants. Conditions in many Rhode Island lakes and ponds and 8 |
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| 31 | | - | associated tributary rivers and streams are threatened or degraded by the growth of aquatic invasive 9 |
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| 32 | | - | plants, harmful algal blooms, nutrient enrichment and other water pollution problems. Restoring 10 |
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| 33 | | - | conditions in the state's freshwater resources is essential to sustaining the valuable ecosystem 11 |
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| 34 | | - | services they provide. It is in the best interest of the state and its citizens to preserve, protect and 12 |
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| 35 | | - | restore Rhode Island's freshwater lakes and ponds through the establishment of a state lake 13 |
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| 36 | | - | management program to facilitate coordination of state and local lake management actions and 14 |
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| 37 | | - | provide technical and financial assistance. 15 |
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| 38 | | - | 46-33-2. Definitions. 16 |
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| 39 | | - | As used in this chapter, unless the context indicates otherwise: 17 |
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| 40 | | - | (1) "Aquatic invasive species" means those invasive species that inhabit water resources 18 |
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| 41 | | - | |
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| 42 | | - | |
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| 43 | | - | LC002118/SUB A - Page 2 of 4 |
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| 44 | | - | including lakes, ponds, rivers and streams. 1 |
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| 45 | | - | (2) "Coordination" means to harmonize in a common action or effort and/or to function in 2 |
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| 46 | | - | a complementary manner. 3 |
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| 47 | | - | (3) "Department" means the Rhode Island department of environmental management. 4 |
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| 48 | | - | (4) "Invasive species" means an alien species whose introduction does or is likely to cause 5 |
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| 49 | | - | economic or environmental harm, or harm to human health. 6 |
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| 50 | | - | (5) "Lake" or "pond" means a place, natural or manmade, located wholly or partly within 7 |
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| 51 | | - | the State of Rhode Island, where open standing or slowly moving water shall be present for at least 8 |
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| 52 | | - | six (6) months of the year. 9 |
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| 53 | | - | (6) "Lake association" means an association, club or other organization, formed and 10 |
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| 54 | | - | registered in Rhode Island, which has responsibility for stewardship and management of a 11 |
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| 55 | | - | freshwater lake or pond. 12 |
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| 56 | | - | (7) "Rhode Island lake management fund" means the fund established by § 46-33-4. 13 |
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| 57 | | - | 46-33-3 Rhode Island lake management program – Established. 14 |
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| 58 | | - | (a) The department shall develop and implement a lake management program. The program 15 |
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| 59 | | - | shall include the following elements: 16 |
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| 60 | | - | (1) Field surveys and mapping to document the presence of aquatic invasive species in 17 |
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| 61 | | - | freshwaters; 18 |
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| 62 | | - | (2) Development and provision of guidance and technical assistance to lake associations, 19 |
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| 63 | | - | watershed organizations and municipalities interested in undertaking lake management actions; 20 |
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| 64 | | - | (3) Coordination of the implementation of lake management actions, where appropriate; 21 |
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| 65 | | - | (4) Oversight of lake management policy and program development; 22 |
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| 66 | | - | (5) Distribution of financial assistance for lake management, including control of aquatic 23 |
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| 67 | | - | invasive plants, as resources allow; and 24 |
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| 68 | | - | (6) Other activities consistent with the powers and duties assigned to the department in § 25 |
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| 69 | | - | 42-17.1-2(34). 26 |
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| 70 | | - | (b) Upon receipt of funding in the Rhode Island lake management fund, the department 27 |
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| 71 | | - | shall establish procedures and rules for the distribution of lake management grants consistent with 28 |
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| 72 | | - | the following provisions: 29 |
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| 73 | | - | (1) Entities eligible to apply for assistance shall include lake associations, watershed 30 |
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| 74 | | - | associations, municipal governments and other nonprofit, non-governmental environmental and 31 |
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| 75 | | - | conservation organizations. 32 |
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| 76 | | - | (2) Projects involving lakes and ponds located wholly within a privately owned property 33 |
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| 77 | | - | and that lack public access to the waterbody are not eligible for assistance. 34 |
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| 78 | | - | |
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| 79 | | - | |
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| 80 | | - | LC002118/SUB A - Page 3 of 4 |
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| 81 | | - | (3) Projects involving lakes and ponds that lack public access, excepting those excluded in 1 |
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| 82 | | - | subsection (b)(2) of this section, may be eligible to apply for financial assistance provided the 2 |
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| 83 | | - | department determines that active management is necessary to protect publicly accessible 3 |
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| 84 | | - | freshwater resources. 4 |
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| 85 | | - | (4) Projects shall be solicited through a publicly advertised process. 5 |
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| 86 | | - | (5) Projects shall require a matching contribution of funds. 6 |
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| 87 | | - | (6) Eligible projects are determined by the department to be technically sound and 7 |
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| 88 | | - | appropriate to mitigate an existing aquatic invasive species management, water quality or aquatic 8 |
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| 89 | | - | habitat concern. 9 |
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| 90 | | - | (7) Funding is used to design and implement specific lake management actions. 10 |
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| 91 | | - | 46-33-4 Rhode Island lake management fund – Established. 11 |
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| 92 | | - | (a) There is hereby established a restricted receipt account within the department of 12 |
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| 93 | | - | environmental management to be called the Rhode Island lake management fund. 13 |
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| 94 | | - | (b) The fund shall consist of any funds which the state may from time to time appropriate, 14 |
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| 95 | | - | as well as money received as gifts, grants, bequests, donations or other funds from any public or 15 |
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| 96 | | - | private sources. 16 |
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| 97 | | - | (c) All funds, monies, and fees received pursuant to this section shall be deposited in the 17 |
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| 98 | | - | lake management fund and shall be utilized by the department consistent with the purposes of this 18 |
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| 99 | | - | chapter. 19 |
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| 100 | | - | SECTION 2. This act shall take effect upon passage. 20 |
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| 23 | + | SECTION 1. Chapter 2-15 of the General Laws entitled "Protection of Trees and Plants 1 |
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| 24 | + | Generally" is hereby amended by adding thereto the following section: 2 |
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| 25 | + | 2-15-5.1. Non-native and invasive aquatic plant management and removal. 3 |
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| 26 | + | (a) The department of environmental management (DEM) shall manage freshwater non-4 |
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| 27 | + | native and invasive aquatic plants through implementing aerial spraying, removal and other 5 |
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| 28 | + | methods, including assisting municipalities, to inhibit the growth and spread of non-native and 6 |
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| 29 | + | invasive aquatic plants and other invasive species in, along or near our freshwater water ways, lakes 7 |
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| 30 | + | and ponds. 8 |
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| 31 | + | (b) No damages shall be awarded to the owner for the loss or destruction of non-native or 9 |
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| 32 | + | invasive aquatic plants, or reimbursement made for expenses incurred incident to the application 10 |
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| 33 | + | of the prescribed preventive or remedial measures due to the fact that non-native or invasive aquatic 11 |
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| 34 | + | plants are a public menace. 12 |
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| 35 | + | (c) Nothing in this section shall be interpreted as preventing financial assistance to owners 13 |
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| 36 | + | where that financial assistance is provided for under specific legislation other than this title. 14 |
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| 37 | + | SECTION 2. This act shall take effect upon passage. 15 |
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