2025 -- H 6093
========
LC002183
========
S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MA NAGEMENT
COUNCIL
Introduced By: Representatives Cortvriend, Carson, Speakman, Spears, Boylan, McGaw,
Dawson, Edwards, and Tanzi
Date Introduced: March 14, 2025
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. Legislative findings and purpose. 1
The General Assembly finds and declares that: 2
(1) Shoreline access is a constitutionally protected right under the Rhode Island 3
constitution, and ensuring public access is of paramount importance to the residents and visitors of 4
the state. 5
(2) Recent legislation, such as the shoreline access bill (23-S 0417), reinforces the need for 6
accessible pathways to the shoreline through designated coastal resources management council 7
(CRMC) rights of way. 8
(3) Parking availability near CRMC rights of way is a critical component of shoreline 9
access, and any modifications to parking near these areas must be conducted in a manner that 10
upholds public access and complies with the Americans with Disabilities Act (ADA) and state laws. 11
(4) Ensuring that any substantive reduction in parking near rights of way are carefully 12
reviewed and approved by the department of environmental management (DEM) will safeguard 13
equitable shoreline access for all, including individuals with disabilities. 14
SECTION 2. Chapter 46-23 of the General Laws entitled "Coastal Resources Management 15
Council" is hereby amended by adding thereto the following sections: 16
46-23-27. Establishment of restricted receipt account. 17
(a) There is hereby established a restricted receipt account known as the "Rhode Island 18
LC002183 - Page 2 of 4
shoreline access improvement fund" to support projects enhancing public access to the shoreline. 1
(b) All fees collected through fines for violations of § 42-23-29 shall be placed into the 2
restricted receipt account established pursuant to the provisions of subsection (a) of this section. 3
(c) Projects enhancing public access to shorelines shall include, but not be limited to, 4
personnel costs, operating costs and capital expenditures to enhance public access to the shoreline. 5
(d) All fees collected pursuant to the provisions of subsection (b) of this section shall be in 6
addition to and not substituted for funds appropriated for CRMC by the state or federal government. 7
46-23-28. Requirements for parking modifications near coastal resources 8
management council rights of way. 9
(a) Any city, town, municipal agency, private entity, or other organization seeking to 10
reduce, restrict, or fundamentally alter parking near designated CRMC rights of way shall: 11
(1) Submit a comprehensive parking plan which shall provide a detailed plan outlining the 12
proposed changes, including: 13
(i) The specific parking areas affected; 14
(ii) The reasons for the proposed changes; 15
(iii) An analysis of the potential impacts on shoreline access for the public, with a specific 16
focus on ADA compliance. 17
(2) Demonstrate that the proposed changes shall not reduce access for individuals with 18
disabilities and shall meet or exceed ADA requirements for accessible parking spaces and 19
pathways. 20
(3) Conduct a public comment period of no less than thirty (30) days to gather feedback 21
from local residents, stakeholders, and advocacy groups. 22
(b) CRMC shall engage in collaboration with the department of environmental 23
management ("DEM") to ensure: 24
(1) The proposed plan does not conflict with DEM programs or projects or negatively 25
interfere with compliance with state and federal accessibility standards; 26
(2) Achieves alignment with the goals of preserving and enhancing public shoreline access; 27
and 28
(3) Provides mitigation measures to address any negative impacts identified during the 29
review process. 30
(c) CRMC and/or DEM may promulgate any necessary rules and regulations to facilitate 31
the implementation of this section within six (6) months of collaboration provided in subsection 32
(b) of this section. 33
46-23-29. Enforcement and penalties for parking areas. 34
LC002183 - Page 3 of 4
(a) Any entity found to have reduced, restricted, or fundamentally altered parking near 1
CRMC rights of way without complying with the provisions of this section and § 46-23-28 shall 2
be subject to: 3
(1) A cease-and-desist order issued by CRMC or DEM; 4
(2) A fine not exceeding five thousand dollars ($5,000) per day for each day of non-5
compliance; 6
(3) Additional penalties or corrective measures as deemed necessary by CRMC or DEM to 7
restore equitable access. 8
(b) Funds collected through fines shall be allocated to a Rhode Island shoreline access 9
improvement fund established pursuant to § 46-23-27, to support projects enhancing public access 10
to the shoreline. 11
SECTION 3. Severability. If any provision of this act or its application to any person or 12
circumstance is held invalid, the remainder of the act or the application of its provisions to other 13
persons or circumstances shall not be affected. 14
SECTION 4. This act shall take effect upon passage. 15
========
LC002183
========
LC002183 - Page 4 of 4
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAG EMENT
COUNCIL
***
This act would provide a procedure for parking modifications near shoreline rights of way 1
as a critical component of shoreline access, and any modifications to parking near these areas must 2
be conducted in a manner that upholds public access and complies with state and federal laws. 3
This act would take effect upon passage. 4
========
LC002183
========