Rhode Island 2025 Regular Session

Rhode Island House Bill H5342 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2025 -- H 5342
6	6	========
7	7	LC001203
8	8	========
9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
16	16	ENVIRONMENTAL MANAGE MENT
17	17	Introduced By: Representatives Chippendale, Tanzi, Spears, McGaw, Caldwell, Casey,
18	18	Azzinaro, Finkelman, Edwards, and Handy
19	19	Date Introduced: February 07, 2025
20	20	Referred To: House Environment and Natural Resources
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled 1
25	25	"Department of Environmental Management" is hereby amended to read as follows: 2
26	26	42-17.1-2. Powers and duties. 3
27	27	The director of environmental management shall have the following powers and duties: 4
28	28	(1) To supervise and control the protection, development, planning, and utilization of the 5
29	29	natural resources of the state, such resources, including, but not limited to: water, plants, trees, soil, 6
30	30	clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish, 7
31	31	shellfish, and other forms of aquatic, insect, and animal life; 8
32	32	(2) To exercise all functions, powers, and duties heretofore vested in the department of 9
33	33	agriculture and conservation, and in each of the divisions of the department, such as the promotion 10
34	34	of agriculture and animal husbandry in their several branches, including the inspection and 11
35	35	suppression of contagious diseases among animals; the regulation of the marketing of farm 12
36	36	products; the inspection of orchards and nurseries; the protection of trees and shrubs from injurious 13
37	37	insects and diseases; protection from forest fires; the inspection of apiaries and the suppression of 14
38	38	contagious diseases among bees; the prevention of the sale of adulterated or misbranded 15
39	39	agricultural seeds; promotion and encouragement of the work of farm bureaus, in cooperation with 16
40	40	the University of Rhode Island, farmers’ institutes, and the various organizations established for 17
41	41	the purpose of developing an interest in agriculture; together with such other agencies and activities 18
42	42
43	43
44	44	LC001203 - Page 2 of 16
45	45	as the governor and the general assembly may, from time to time, place under the control of the 1
46	46	department; and as heretofore vested by such of the following chapters and sections of the general 2
47	47	laws as are presently applicable to the department of environmental management and that were 3
48	48	previously applicable to the department of natural resources and the department of agriculture and 4
49	49	conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2 5
50	50	entitled “Agriculture and Forestry”; chapters 1 through 17, inclusive, as amended, in title 4 entitled 6
51	51	“Animals and Animal Husbandry”; chapters 1 through 19, inclusive, as amended, in title 20 entitled 7
52	52	“Fish and Wildlife”; chapters 1 through 32, inclusive, as amended, in title 21 entitled “Food and 8
53	53	Drugs”; chapter 7 of title 23, as amended, entitled “Mosquito Abatement”; and by any other general 9
54	54	or public law relating to the department of agriculture and conservation or to any of its divisions or 10
55	55	bureaus; 11
56	56	(3) To exercise all the functions, powers, and duties heretofore vested in the division of 12
57	57	parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled 13
58	58	“Parks and Recreational Areas”; by chapter 22.5 of title 23, as amended, entitled “Drowning 14
59	59	Prevention and Lifesaving”; and by any other general or public law relating to the division of parks 15
60	60	and recreation; 16
61	61	(4) To exercise all the functions, powers, and duties heretofore vested in the division of 17
62	62	harbors and rivers of the department of public works, or in the department itself by such as were 18
63	63	previously applicable to the division or the department, of chapters 1 through 22 and sections 19
64	64	thereof, as amended, in title 46 entitled “Waters and Navigation”; and by any other general or public 20
65	65	law relating to the division of harbors and rivers; 21
66	66	(5) To exercise all the functions, powers, and duties heretofore vested in the department of 22
67	67	health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled “Health and Safety”; and by 23
68	68	chapters 12 and 16 of title 46, as amended, entitled “Waters and Navigation”; by chapters 3, 4, 5, 24
69	69	6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled “Animals and Animal Husbandry”; and 25
70	70	those functions, powers, and duties specifically vested in the director of environmental 26
71	71	management by the provisions of § 21-2-22, as amended, entitled “Inspection of Animals and 27
72	72	Milk”; together with other powers and duties of the director of the department of health as are 28
73	73	incidental to, or necessary for, the performance of the functions transferred by this section; 29
74	74	(6) To cooperate with the Rhode Island commerce corporation in its planning and 30
75	75	promotional functions, particularly in regard to those resources relating to agriculture, fisheries, 31
76	76	and recreation; 32
77	77	(7) To cooperate with, advise, and guide conservation commissions of cities and towns 33
78	78	created under chapter 35 of title 45 entitled “Conservation Commissions”, as enacted by chapter 34
79	79
80	80
81	81	LC001203 - Page 3 of 16
82	82	203 of the Public Laws, 1960; 1
83	83	(8) To assign or reassign, with the approval of the governor, any functions, duties, or 2
84	84	powers established by this chapter to any agency within the department, except as hereinafter 3
85	85	limited; 4
86	86	(9) To cooperate with the water resources board and to provide to the board facilities, 5
87	87	administrative support, staff services, and other services as the board shall reasonably require for 6
88	88	its operation and, in cooperation with the board and the statewide planning program, to formulate 7
89	89	and maintain a long-range guide plan and implementing program for development of major water-8
90	90	sources transmission systems needed to furnish water to regional- and local-distribution systems; 9
91	91	(10) To cooperate with the solid waste management corporation and to provide to the 10
92	92	corporation such facilities, administrative support, staff services, and other services within the 11
93	93	department as the corporation shall reasonably require for its operation; 12
94	94	(11) To provide for the maintenance of waterways and boating facilities, consistent with 13
95	95	chapter 6.1 of title 46, by: (i) Establishing minimum standards for upland beneficial use and 14
96	96	disposal of dredged material; (ii) Promulgating and enforcing rules for water quality, ground water 15
97	97	protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) Planning for the upland 16
98	98	beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the council 17
99	99	pursuant to § 46-23-6(2); and (iv) Cooperating with the coastal resources management council in 18
100	100	the development and implementation of comprehensive programs for dredging as provided for in 19
101	101	§§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material management and disposal 20
102	102	sites in accordance with the protocols established pursuant to § 46-6.1-5(a)(3) and the 21
103	103	comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties granted herein 22
104	104	shall be construed to abrogate the powers or duties granted to the coastal resources management 23
105	105	council under chapter 23 of title 46, as amended; 24
106	106	(12) To establish minimum standards, subject to the approval of the environmental 25
107	107	standards board, relating to the location, design, construction, and maintenance of all sewage-26
108	108	disposal systems; 27
109	109	(13) To enforce, by such means as provided by law, the standards for the quality of air, and 28
110	110	water, and the design, construction, and operation of all sewage-disposal systems; any order or 29
111	111	notice issued by the director relating to the location, design, construction, or maintenance of a 30
112	112	sewage-disposal system shall be eligible for recordation under chapter 13 of title 34. The director 31
113	113	shall forward the order or notice to the city or town wherein the subject property is located and the 32
114	114	order or notice shall be recorded in the general index by the appropriate municipal official in the 33
115	115	land evidence records in the city or town wherein the subject property is located. Any subsequent 34
116	116
117	117
118	118	LC001203 - Page 4 of 16
119	119	transferee of that property shall be responsible for complying with the requirements of the order or 1
120	120	notice. Upon satisfactory completion of the requirements of the order or notice, the director shall 2
121	121	provide written notice of the same, which notice shall be similarly eligible for recordation. The 3
122	122	original written notice shall be forwarded to the city or town wherein the subject property is located 4
123	123	and the notice of satisfactory completion shall be recorded in the general index by the appropriate 5
124	124	municipal official in the land evidence records in the city or town wherein the subject property is 6
125	125	located. A copy of the written notice shall be forwarded to the owner of the subject property within 7
126	126	five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject 8
127	127	property within thirty (30) days after correction; 9
128	128	(14) To establish minimum standards for the establishment and maintenance of salutary 10
129	129	environmental conditions, including standards and methods for the assessment and the 11
130	130	consideration of the cumulative effects on the environment of regulatory actions and decisions, 12
131	131	which standards for consideration of cumulative effects shall provide for: (i) Evaluation of potential 13
132	132	cumulative effects that could adversely affect public health and/or impair ecological functioning; 14
133	133	(ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate 15
134	134	in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable 16
135	135	to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private 17
136	136	and public wells, unless broader use is approved by the general assembly. The department shall 18
137	137	report to the general assembly not later than March 15, 2008, with regard to the development and 19
138	138	application of the standards and methods in Jamestown; 20
139	139	(15) To establish and enforce minimum standards for permissible types of septage, 21
140	140	industrial-waste disposal sites, and waste-oil disposal sites; 22
141	141	(16) To establish minimum standards, subject to the approval of the environmental 23
142	142	standards board, for permissible types of refuse disposal facilities; the design, construction, 24
143	143	operation, and maintenance of disposal facilities; and the location of various types of facilities; 25
144	144	(17) To exercise all functions, powers, and duties necessary for the administration of 26
145	145	chapter 19.1 of title 23 entitled “Rhode Island Hazardous Waste Management Act”; 27
146	146	(18) To designate, in writing, any person in any department of the state government or any 28
147	147	official of a district, county, city, town, or other governmental unit, with that official’s consent, to 29
148	148	enforce any rule, regulation, or order promulgated and adopted by the director under any provision 30
149	149	of law; provided, however, that enforcement of powers of the coastal resources management 31
150	150	council shall be assigned only to employees of the department of environmental management, 32
151	151	except by mutual agreement or as otherwise provided in chapter 23 of title 46; 33
152	152	(19) To issue and enforce the rules, regulations, and orders as may be necessary to carry 34
153	153
154	154
155	155	LC001203 - Page 5 of 16
156	156	out the duties assigned to the director and the department by any provision of law; and to conduct 1
157	157	investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to 2
158	158	enforce those rules, regulations, and orders. Any license suspended under the rules, regulations, 3
159	159	and/or orders shall be terminated and revoked if the conditions that led to the suspension are not 4
160	160	corrected to the satisfaction of the director within two (2) years; provided that written notice is 5
161	161	given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of 6
162	162	termination. 7
163	163	Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a 8
164	164	contested licensing matter shall occur where resolution substantially deviates from the original 9
165	165	application unless all interested parties shall be notified of the proposed resolution and provided 10
166	166	with opportunity to comment upon the resolution pursuant to applicable law and any rules and 11
167	167	regulations established by the director; 12
168	168	(20) To enter, examine, or survey, at any reasonable time, places as the director deems 13
169	169	necessary to carry out his or her responsibilities under any provision of law subject to the following 14
170	170	provisions: 15
171	171	(i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a 16
172	172	search warrant from an official of a court authorized to issue warrants, unless a search without a 17
173	173	warrant is otherwise allowed or provided by law; 18
174	174	(ii)(A) All administrative inspections shall be conducted pursuant to administrative 19
175	175	guidelines promulgated by the department in accordance with chapter 35 of this title; 20
176	176	(B) A warrant shall not be required for administrative inspections if conducted under the 21
177	177	following circumstances, in accordance with the applicable constitutional standards: 22
178	178	(I) For closely regulated industries; 23
179	179	(II) In situations involving open fields or conditions that are in plain view; 24
180	180	(III) In emergency situations; 25
181	181	(IV) In situations presenting an imminent threat to the environment or public health, safety, 26
182	182	or welfare; 27
183	183	(V) If the owner, operator, or agent in charge of the facility, property, site, or location 28
184	184	consents; or 29
185	185	(VI) In other situations in which a warrant is not constitutionally required. 30
186	186	(C) Whenever it shall be constitutionally or otherwise required by law, or whenever the 31
187	187	director in his or her discretion deems it advisable, an administrative search warrant, or its 32
188	188	functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of 33
189	189	conducting an administrative inspection. The warrant shall be issued in accordance with the 34
190	190
191	191
192	192	LC001203 - Page 6 of 16
193	193	applicable constitutional standards for the issuance of administrative search warrants. The 1
194	194	administrative standard of probable cause, not the criminal standard of probable cause, shall apply 2
195	195	to applications for administrative search warrants; 3
196	196	(I) The need for, or reliance upon, an administrative warrant shall not be construed as 4
197	197	requiring the department to forfeit the element of surprise in its inspection efforts; 5
198	198	(II) An administrative warrant issued pursuant to this subsection must be executed and 6
199	199	returned within ten (10) days of its issuance date unless, upon a showing of need for additional 7
200	200	time, the court orders otherwise; 8
201	201	(III) An administrative warrant may authorize the review and copying of documents that 9
202	202	are relevant to the purpose of the inspection. If documents must be seized for the purpose of 10
203	203	copying, and the warrant authorizes the seizure, the person executing the warrant shall prepare an 11
204	204	inventory of the documents taken. The time, place, and manner regarding the making of the 12
205	205	inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the 13
206	206	inventory shall be delivered to the person from whose possession or facility the documents were 14
207	207	taken. The seized documents shall be copied as soon as feasible under circumstances preserving 15
208	208	their authenticity, then returned to the person from whose possession or facility the documents were 16
209	209	taken; 17
210	210	(IV) An administrative warrant may authorize the taking of samples of air, water, or soil 18
211	211	or of materials generated, stored, or treated at the facility, property, site, or location. Upon request, 19
212	212	the department shall make split samples available to the person whose facility, property, site, or 20
213	213	location is being inspected; 21
214	214	(V) Service of an administrative warrant may be required only to the extent provided for 22
215	215	in the terms of the warrant itself, by the issuing court. 23
216	216	(D) Penalties. Any willful and unjustified refusal of right of entry and inspection to 24
217	217	department personnel pursuant to an administrative warrant shall constitute a contempt of court and 25
218	218	shall subject the refusing party to sanctions, which in the court’s discretion may result in up to six 26
219	219	(6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal; 27
220	220	(21) To give notice of an alleged violation of law to the person responsible therefor 28
221	221	whenever the director determines that there are reasonable grounds to believe that there is a 29
222	222	violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted 30
223	223	pursuant to authority granted to him or her. Nothing in this chapter shall limit the authority of the 31
224	224	attorney general to prosecute offenders as required by law; 32
225	225	(i) The notice shall provide for a time within which the alleged violation shall be remedied, 33
226	226	and shall inform the person to whom it is directed that a written request for a hearing on the alleged 34
227	227
228	228
229	229	LC001203 - Page 7 of 16
230	230	violation may be filed with the director within twenty (20) days after service of the notice. The 1
231	231	notice will be deemed properly served upon a person if a copy thereof is served the person 2
232	232	personally; or sent by registered or certified mail to the person’s last known address; or if the person 3
233	233	is served with notice by any other method of service now or hereafter authorized in a civil action 4
234	234	under the laws of this state. If no written request for a hearing is made to the director within twenty 5
235	235	(20) days of the service of notice, the notice shall automatically become a compliance order; 6
236	236	(ii)(A) Whenever the director determines that there exists a violation of any law, rule, or 7
237	237	regulation within the director’s jurisdiction that requires immediate action to protect the 8
238	238	environment, the director may, without prior notice of violation or hearing, issue an immediate 30 9
239	239	compliance order stating the existence of the violation and the action he or she deems necessary. 10
240	240	The compliance order shall become effective immediately upon service or within such time as is 11
241	241	specified by the director in such order. No request for a hearing on an immediate-compliance order 12
242	242	may be made; 13
243	243	(B) Any immediate-compliance order issued under this section without notice and prior 14
244	244	hearing shall be effective for no longer than forty-five (45) days; provided, however, that for good 15
245	245	cause shown, the order may be extended one additional period not exceeding forty-five (45) days; 16
246	246	(iii) The director may, at his or her discretion and for the purposes of timely and effective 17
247	247	resolution and return to compliance, cite a person for alleged noncompliance through the issuance 18
248	248	of an expedited citation in accordance with § 42-17.6-3(c); 19
249	249	(iv) If a person upon whom a notice of violation has been served under the provisions of 20
250	250	this section or if a person aggrieved by any such notice of violation requests a hearing before the 21
251	251	director within twenty (20) days of the service of notice of violation, the director shall set a time 22
252	252	place for the hearing, and shall give the person requesting that hearing at least five (5) days’ written 23
253	253	notice thereof. After the hearing, the director may make findings of fact and shall sustain, modify, 24
254	254	or withdraw the notice of violation. If the director sustains or modifies the notice, that decision 25
255	255	shall be deemed a compliance order and shall be served upon the person responsible in any manner 26
256	256	provided for the service of the notice in this section; 27
257	257	(v) The compliance order shall state a time within which the violation shall be remedied, 28
258	258	and the original time specified in the notice of violation shall be extended to the time set in the 29
259	259	order; 30
260	260	(vi) Whenever a compliance order has become effective, whether automatically where no 31
261	261	hearing has been requested, where an immediate compliance order has been issued, or upon 32
262	262	decision following a hearing, the director may institute injunction proceedings in the superior court 33
263	263	of the state for enforcement of the compliance order and for appropriate temporary relief, and in 34
264	264
265	265
266	266	LC001203 - Page 8 of 16
267	267	that proceeding, the correctness of a compliance order shall be presumed and the person attacking 1
268	268	the order shall bear the burden of proving error in the compliance order, except that the director 2
269	269	shall bear the burden of proving in the proceeding the correctness of an immediate compliance 3
270	270	order. The remedy provided for in this section shall be cumulative and not exclusive and shall be 4
271	271	in addition to remedies relating to the removal or abatement of nuisances or any other remedies 5
272	272	provided by law; 6
273	273	(vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30) 7
274	274	days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to 8
275	275	review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the 9
276	276	petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of 10
277	277	certiorari; 11
278	278	(22) To impose administrative penalties in accordance with the provisions of chapter 17.6 12
279	279	of this title and to direct that such penalties be paid into the account established by subsection (26); 13
280	280	(23) The following definitions shall apply in the interpretation of the provisions of this 14
281	281	chapter: 15
282	282	(i) Director: The term “director” shall mean the director of environmental management of 16
283	283	the state of Rhode Island or his or her duly authorized agent; 17
284	284	(ii) Person: The term “person” shall include any individual, group of individuals, firm, 18
285	285	corporation, association, partnership, or private or public entity, including a district, county, city, 19
286	286	town, or other governmental unit or agent thereof, and in the case of a corporation, any individual 20
287	287	having active and general supervision of the properties of the corporation; 21
288	288	(iii) Service: 22
289	289	(A) Service upon a corporation under this section shall be deemed to include service upon 23
290	290	both the corporation and upon the person having active and general supervision of the properties 24
291	291	of the corporation; 25
292	292	(B) For purposes of calculating the time within which a claim for a hearing is made 26
293	293	pursuant to subsection (21)(i), service shall be deemed to be the date of receipt of such notice or 27
294	294	three (3) days from the date of mailing of the notice, whichever shall first occur; 28
295	295	(24)(i) To conduct surveys of the present private and public camping and other recreational 29
296	296	areas available and to determine the need for and location of other camping and recreational areas 30
297	297	as may be deemed necessary and in the public interest of the state of Rhode Island and to report 31
298	298	back its findings on an annual basis to the general assembly on or before March 1 of every year; 32
299	299	(ii) Additionally, the director of the department of environmental management shall take 33
300	300	additional steps, including, but not limited to, matters related to funding as may be necessary to 34
301	301
302	302
303	303	LC001203 - Page 9 of 16
304	304	establish such other additional recreational facilities and areas as are deemed to be in the public 1
305	305	interest; 2
306	306	(25)(i) To apply for and accept grants and bequests of funds, with the approval of the 3
307	307	director of administration, from other states, interstate agencies, and independent authorities, and 4
308	308	private firms, individuals, and foundations, for the purpose of carrying out his or her lawful 5
309	309	responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt 6
310	310	account created in the natural resources program for funds made available for that program’s 7
311	311	purposes or in a restricted receipt account created in the environmental protection program for 8
312	312	funds made available for that program’s purposes. All expenditures from the accounts shall be 9
313	313	subject to appropriation by the general assembly, and shall be expended in accordance with the 10
314	314	provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the 11
315	315	event that the trust account balance shows a surplus after the project as provided for in the grant or 12
316	316	bequest has been completed, the director may utilize the appropriated unspecified or appropriated 13
317	317	surplus funds for enhanced management of the department’s forest and outdoor public recreation 14
318	318	areas, or other projects or programs that promote the accessibility of recreational opportunities for 15
319	319	Rhode Island residents and visitors; 16
320	320	(ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by 17
321	321	October 1 of each year, a detailed report on the amount of funds received and the uses made of such 18
322	322	funds; 19
323	323	(26) To establish fee schedules by regulation, with the approval of the governor, for the 20
324	324	processing of applications and the performing of related activities in connection with the 21
325	325	department’s responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to 22
326	326	inspections performed by the department to determine compliance with chapter 19.1 and rules and 23
327	327	regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections 24
328	328	performed by the department to determine compliance with chapter 18.9 and the rules and 25
329	329	regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of 26
330	330	title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant 27
331	331	to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and 28
332	332	administration of underground storage tanks and all other programs administered under chapter 12 29
333	333	of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46, insofar as 30
334	334	they relate to any reviews and related activities performed under the provisions of the Groundwater 31
335	335	Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury-32
336	336	added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all 33
337	337	enforcement, permitting and licensing matters to the administrative adjudication division for 34
338	338
339	339
340	340	LC001203 - Page 10 of 16
341	341	environmental matters. Two (2) fee ranges shall be required: for “Appeal of enforcement actions,” 1
342	342	a range of fifty dollars ($50) to one hundred dollars ($100), and for “Appeal of application 2
343	343	decisions,” a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies 3
344	344	from the administrative adjudication fees will be deposited as general revenues and the amounts 4
345	345	appropriated shall be used for the costs associated with operating the administrative adjudication 5
346	346	division. 6
347	347	There is hereby established an account within the general fund to be called the water and 7
348	348	air protection program. The account shall consist of sums appropriated for water and air pollution 8
349	349	control and waste-monitoring programs and the state controller is hereby authorized and directed 9
350	350	to draw his or her orders upon the general treasurer for the payment of the sums, or portions thereof, 10
351	351	as may be required, from time to time, upon receipt by him or her of properly authenticated 11
352	352	vouchers. All amounts collected under the authority of this subsection (26) for the sewage-disposal-12
353	353	system program and freshwater wetlands program will be deposited as general revenues and the 13
354	354	amounts appropriated shall be used for the purposes of administering and operating the programs. 14
355	355	The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of 15
356	356	each year a detailed report on the amount of funds obtained from fines and fees and the uses made 16
357	357	of the funds; 17
358	358	(27) To establish and maintain a list or inventory of areas within the state worthy of special 18
359	359	designation as “scenic” to include, but not be limited to, certain state roads or highways, scenic 19
360	360	vistas, and scenic areas, and to make the list available to the public; 20
361	361	(28) To establish and maintain an inventory of all interests in land held by public and 21
362	362	private land trust and to exercise all powers vested herein to ensure the preservation of all identified 22
363	363	lands; 23
364	364	(i) The director may promulgate and enforce rules and regulations to provide for the orderly 24
365	365	and consistent protection, management, continuity of ownership and purpose, and centralized 25
366	366	records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part 26
367	367	through other interests, rights, or devices such as conservation easements or restrictions, by private 27
368	368	and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each 28
369	369	document submitted by a land trust; 29
370	370	(ii) The term “public land trust” means any public instrumentality created by a Rhode 30
371	371	Island municipality for the purposes stated herein and financed by means of public funds collected 31
372	372	and appropriated by the municipality. The term “private land trust” means any group of five (5) or 32
373	373	more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a 33
374	374	nonbusiness corporation for the purposes stated herein, or a national organization such as the nature 34
375	375
376	376
377	377	LC001203 - Page 11 of 16
378	378	conservancy. The main purpose of either a public or a private land trust shall be the protection, 1
379	379	acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features, 2
380	380	areas, or open space for the purpose of managing or maintaining, or causing to be managed or 3
381	381	maintained by others, the land, water, and other natural amenities in any undeveloped and relatively 4
382	382	natural state in perpetuity. A private land trust must be granted exemption from federal income tax 5
383	383	under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its 6
384	384	incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A 7
385	385	private land trust may not be incorporated for the exclusive purpose of acquiring or accepting 8
386	386	property or rights in property from a single individual, family, corporation, business, partnership, 9
387	387	or other entity. Membership in any private land trust must be open to any individual subscribing to 10
388	388	the purposes of the land trust and agreeing to abide by its rules and regulations including payment 11
389	389	of reasonable dues; 12
390	390	(iii)(A) Private land trusts will, in their articles of association or their bylaws, as 13
391	391	appropriate, provide for the transfer to an organization, created for the same or similar purposes, of 14
392	392	the assets, lands and land rights, and interests held by the land trust in the event of termination or 15
393	393	dissolution of the land trust; 16
394	394	(B) All land trusts, public and private, will record in the public records, of the appropriate 17
395	395	towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other interests 18
396	396	and rights acquired in land and will also file copies of all such documents and current copies of 19
397	397	their articles of association, their bylaws, and their annual reports with the secretary of state and 20
398	398	with the director of the Rhode Island department of environmental management. The director is 21
399	399	hereby directed to establish and maintain permanently a system for keeping records of all private 22
400	400	and public land trust land holdings in Rhode Island; 23
401	401	(29) The director will contact in writing, not less often than once every two (2) years, each 24
402	402	public or private land trust to ascertain: that all lands held by the land trust are recorded with the 25
403	403	director; the current status and condition of each land holding; that any funds or other assets of the 26
404	404	land trust held as endowment for specific lands have been properly audited at least once within the 27
405	405	two-year (2) period; the name of the successor organization named in the public or private land 28
406	406	trust’s bylaws or articles of association; and any other information the director deems essential to 29
407	407	the proper and continuous protection and management of land and interests or rights in land held 30
408	408	by the land trust. In the event that the director determines that a public or private land trust holding 31
409	409	land or interest in land appears to have become inactive, the director shall initiate proceedings to 32
410	410	effect the termination of the land trust and the transfer of its lands, assets, land rights, and land 33
411	411	interests to the successor organization named in the defaulting trust’s bylaws or articles of 34
412	412
413	413
414	414	LC001203 - Page 12 of 16
415	415	association or to another organization created for the same or similar purposes. Should such a 1
416	416	transfer not be possible, then the land trust, assets, and interest and rights in land will be held in 2
417	417	trust by the state of Rhode Island and managed by the director for the purposes stated at the time 3
418	418	of original acquisition by the trust. Any trust assets or interests other than land or rights in land 4
419	419	accruing to the state under such circumstances will be held and managed as a separate fund for the 5
420	420	benefit of the designated trust lands; 6
421	421	(30) Consistent with federal standards, issue and enforce such rules, regulations, and orders 7
422	422	as may be necessary to establish requirements for maintaining evidence of financial responsibility 8
423	423	for taking corrective action and compensating third parties for bodily injury and property damage 9
424	424	caused by sudden and non-sudden accidental releases arising from operating underground storage 10
425	425	tanks; 11
426	426	(31) To enforce, by such means as provided by law, the standards for the quality of air, and 12
427	427	water, and the location, design, construction, and operation of all underground storage facilities 13
428	428	used for storing petroleum products or hazardous materials; any order or notice issued by the 14
429	429	director relating to the location, design, construction, operation, or maintenance of an underground 15
430	430	storage facility used for storing petroleum products or hazardous materials shall be eligible for 16
431	431	recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or 17
432	432	town wherein the subject facility is located, and the order or notice shall be recorded in the general 18
433	433	index by the appropriate municipal officer in the land-evidence records in the city or town wherein 19
434	434	the subject facility is located. Any subsequent transferee of that facility shall be responsible for 20
435	435	complying with the requirements of the order or notice. Upon satisfactory completion of the 21
436	436	requirements of the order or notice, the director shall provide written notice of the same, which 22
437	437	notice shall be eligible for recordation. The original, written notice shall be forwarded to the city 23
438	438	or town wherein the subject facility is located, and the notice of satisfactory completion shall be 24
439	439	recorded in the general index by the appropriate municipal official in the land-evidence records in 25
440	440	the city or town wherein the subject facility is located. A copy of the written notice shall be 26
441	441	forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any 27
442	442	event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction; 28
443	443	(32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in 29
444	444	accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank 30
445	445	Financial Responsibility Act, as amended; 31
446	446	(33) To support, facilitate, and assist the Rhode Island Natural History Survey, as 32
447	447	appropriate and/or as necessary, in order to accomplish the important public purposes of the survey 33
448	448	in gathering and maintaining data on Rhode Island natural history; making public presentations and 34
449	449
450	450
451	451	LC001203 - Page 13 of 16
452	452	reports on natural history topics; ranking species and natural communities; monitoring rare species 1
453	453	and communities; consulting on open-space acquisitions and management plans; reviewing 2
454	454	proposed federal and state actions and regulations with regard to their potential impact on natural 3
455	455	communities; and seeking outside funding for wildlife management, land management, and 4
456	456	research; 5
457	457	(34) To promote the effective stewardship of lakes, ponds, rivers, and streams including, 6
458	458	but not limited to, collaboration with watershed organizations and associations of lakefront property 7
459	459	owners on planning and management actions that will prevent and mitigate water quality 8
460	460	degradation, reduce the loss of native habitat due to infestation of non-native species, abate 9
461	461	nuisance conditions that result from excessive growth of algal or non-native plant species as well 10
462	462	as promote healthy freshwater riverine ecosystems; 11
463	463	(35) In implementing the programs established pursuant to this chapter, to identify critical 12
464	464	areas for improving service to customers doing business with the department, and to develop and 13
465	465	implement strategies to improve performance and effectiveness in those areas. Key aspects of a 14
466	466	customer-service program shall include, but not necessarily be limited to, the following 15
467	467	components: 16
468	468	(i) Maintenance of an organizational unit within the department with the express purpose 17
469	469	of providing technical assistance to customers and helping customers comply with environmental 18
470	470	regulations and requirements; 19
471	471	(ii) Maintenance of an employee-training program to promote customer service across the 20
472	472	department; 21
473	473	(iii) Implementation of a continuous business process evaluation and improvement effort, 22
474	474	including process reviews to encourage development of quality proposals; ensure timely and 23
475	475	predictable reviews; and result in effective decisions and consistent follow up and implementation 24
476	476	throughout the department; and publish an annual report on such efforts; 25
477	477	(iv) Creation of a centralized location for the acceptance of permit applications and other 26
478	478	submissions to the department; 27
479	479	(v) Maintenance of a process to promote, organize, and facilitate meetings prior to the 28
480	480	submission of applications or other proposals in order to inform the applicant on options and 29
481	481	opportunities to minimize environmental impact; improve the potential for sustainable 30
482	482	environmental compliance; and support an effective and efficient review and decision-making 31
483	483	process on permit applications related to the proposed project; 32
484	484	(vi) Development of single permits under multiple authorities otherwise provided in state 33
485	485	law to support comprehensive and coordinated reviews of proposed projects. The director may 34
486	486
487	487
488	488	LC001203 - Page 14 of 16
489	489	address and resolve conflicting or redundant process requirements in order to achieve an effective 1
490	490	and efficient review process that meets environmental objectives; and 2
491	491	(vii) Exploration of the use of performance-based regulations coupled with adequate 3
492	492	inspection and oversight, as an alternative to requiring applications or submissions for approval 4
493	493	prior to initiation of projects; 5
494	494	(36) To formulate and promulgate regulations requiring any dock or pier longer than twenty 6
495	495	feet (20′) and located on a freshwater lake or pond to be equipped with reflective materials, on all 7
496	496	sides facing the water, of an appropriate width and luminosity such that it can be seen by operators 8
497	497	of watercraft; 9
498	498	(37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel 10
499	499	additive required or regulated by the department if the director finds that: 11
500	500	(i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the 12
501	501	New England region that prevent the distribution of an adequate supply of the fuel or fuel additive 13
502	502	to consumers; 14
503	503	(ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural 15
504	504	disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not 16
505	505	reasonably have been foreseen; and 17
506	506	(iii) It is in the public interest to grant the waiver. 18
507	507	Any temporary waiver shall be made in writing and shall be effective for twenty (20) 19
508	508	calendar days; provided, that the director may renew the temporary waiver, in writing, if it is 20
509	509	deemed necessary; and 21
510	510	(38)(i) To designate by rule certain waters of the state as shellfish or marine life project 22
511	511	management areas for the purpose of enhancing the cultivation and growth of marine species, 23
512	512	managing the harvest of marine species, facilitating the conduct by the department of experiments 24
513	513	in planting, cultivating, propagating, managing, and developing any and all kinds of marine life, 25
514	514	and any other related purpose. 26
515	515	(ii) Any such designation shall be by reference to fixed landmarks and include an explicit 27
516	516	description of the area to be designated. 28
517	517	(iii) Once so designated, the director may adopt rules and regulations addressing 29
518	518	restrictions on the quantities, types, or sizes of marine species which may be taken in any individual 30
519	519	management area, the times during which marine species may be taken, the manner or manners in 31
520	520	which marine species may be taken, the closure of such area to the taking of marine species, or any 32
521	521	other specific restrictions as may be deemed necessary. Such rules shall be exempt from the 33
522	522	requirements of §§ 42-35-2.7, 42-35-2.8, and 42-35-2.9. 34
523	523
524	524
525	525	LC001203 - Page 15 of 16
526	526	(iv) The director, upon the designation of a management area, may place any stakes, 1
527	527	bounds, buoys, or markers with the words “Rhode Island department of environmental 2
528	528	management” plainly marked on them, as will approximate the management area. Failure to place 3
529	529	or maintain the stakes, bounds, buoys, or markers shall not be admissible in any judicial or 4
530	530	administrative proceeding. 5
531	531	(v) Nothing in this section shall prevent the director from implementing emergency rules 6
532	532	pursuant to § 42-35-2.10.; and 7
533	533	(39)(i) To established an agricultural restricted receipt account. Any agricultural fees 8
534	534	collected under authority of the department, by the division of agriculture, shall be deposited into 9
535	535	the agricultural restricted receipt account established by this subsection and shall be used only for 10
536	536	the authorized purposes established for the restricted receipt account as a result of the procedure 11
537	537	set forth in subsection (39)(ii) of this section. 12
538	538	(ii) The division of agriculture shall establish an advisory committee to assist it in 13
539	539	determining suggested uses of the funds. 14
540	540	SECTION 2. This act shall take effect upon passage. 15
541	541	========
542	542	LC001203
543	543	========
544	544
545	545
546	546	LC001203 - Page 16 of 16
547	547	EXPLANATION
548	548	BY THE LEGISLATIVE COUNCIL
549	549	OF
550	550	A N A C T
551	551	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
552	552	ENVIRONMENTAL MANAGEMENT
553	553	***
554	554	This act would establish an agricultural restricted receipt account within the department of 1
555	555	environmental management. An advisory committee would be established to determine suggested 2
556	556	uses of the funds in said account. 3
557	557	This act would take effect upon passage. 4
558	558	========
559	559	LC001203
560	560	========