Rhode Island 2025 Regular Session

Rhode Island House Bill H6126 Compare Versions

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55 2025 -- H 6126
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MA NAGEMENT
1616 COUNCIL
1717 Introduced By: Representatives Finkelman, Cortvriend, Dawson, and Carson
1818 Date Introduced: March 21, 2025
1919 Referred To: House State Government & Elections
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 46-23-2, 46-23-2.1 and 46-23-4 of the General Laws in Chapter 46-1
2424 23 entitled "Coastal Resources Management Council" are hereby amended to read as follows: 2
2525 46-23-2. Coastal resources management council created — Appointment of members. 3
2626 (a) There Effective until January 1, 2026, there is hereby created the coastal resources 4
2727 management council. The coastal resources management council shall consist of ten (10) members. 5
2828 Nine (9) members shall be appointed by the governor, with advice and consent of the senate, and 6
2929 one member shall serve ex officio. All current appointments to the coastal resources management 7
3030 council made by the governor with advice and consent of the senate are hereby validated and 8
3131 ratified and those appointees shall serve for the remainder of their term; provided, however, 9
3232 notwithstanding any law to the contrary, all members of the coastal resources management council 10
3333 appointed prior to January 1, 2026 shall have their term expire on January 1, 2026. 11
3434 (1) Six Effective until January 1, 2026, six (6) of the members shall be appointed or elected 12
3535 officials of local government: three (3) of whom shall be appointed or elected officials in a 13
3636 municipality of fewer than twenty-five thousand (25,000) in population, three (3) of whom shall be 14
3737 appointed or elected officials in a municipality of more than twenty-five thousand (25,000) in 15
3838 population. The populations are to be determined by the latest federal census. Elected or appointed 16
3939 municipal officials shall hold seats on the council only so long as they remain in their elected or 17
4040 appointed office. Each municipal appointment shall cease if the appointed or elected official shall 18
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4444 no longer hold or change the office which they held upon appointment. At least five (5) out of the 1
4545 six (6) appointed or elected members must be appointed or elected in a coastal municipality. When 2
4646 the governor submits his or her appointments to the senate for advice and consent, the governor 3
4747 shall specify the appointed or elected office that each municipal appointment holds; the population 4
4848 of the municipality represented; and the member being replaced. 5
4949 (2) Three (3) members shall be appointed by the governor from the public, with the advice 6
5050 and consent of the senate, one of the public members and his or her successors shall reside in a 7
5151 coastal municipality. 8
5252 (3) All members shall serve until their successors are appointed and qualified; during the 9
5353 month of January, the governor shall appoint, with the advice and consent of the senate, a member 10
5454 to succeed the members whose term will then next expire for a term of three (3) years commencing 11
5555 on the first day of February next following and until their successor is named and qualified. A 12
5656 member shall be eligible for successive appointments. No more than two (2) persons on the council 13
5757 shall be from the same municipality. A vacancy other than by expiration shall be filled in the 14
5858 manner of the original appointment but only for the unexpired portion of the term. 15
5959 (4) The director of the department of environmental management, or their designee, shall 16
6060 serve ex officio. The ex-officio member shall not be counted as serving from any particular 17
6161 municipality. 18
6262 (2) On and after January 1, 2026, the governor shall appoint a coastal resources 19
6363 management council that shall consist of seven (7) voting members, one of whom shall be the 20
6464 attorney general or designee. The six (6) remaining members shall be public members appointed 21
6565 by the governor with the advice and consent of the senate. All appointed members shall possess 22
6666 background, qualifications and expertise in environmental matters, provided that one of whom shall 23
6767 be an engineer; one of whom shall be a coastal biologist; and one of whom shall be a representative 24
6868 of an environmental organization. Current or past service on the coastal resources management 25
6969 council shall not disqualify an individual from reappointment pursuant to this subsection. 26
7070 (b) In addition to the foregoing voting members, the council may include a varying number 27
7171 of other members who may serve in an advisory capacity without the right to vote and who may be 28
7272 invited to serve by either the governor or the voting members. These advisory members may 29
7373 represent the federal agencies such as the navy, coast guard, corps of engineers, public health 30
7474 service, and the Federal Water Pollution Control Administration, and such regional agencies as the 31
7575 New England River Basins Commission and the New England Regional Commission and any other 32
7676 group or interest not otherwise represented. 33
7777 (c) There may be established a coastal resources advisory committee which committee, 34
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8181 appointed by the executive director of the coastal resources management council, may include, but 1
8282 not be limited to, representation from the following groups: one of whom may be a representative 2
8383 of the university of Rhode Island graduate school of oceanography and the college of resources 3
8484 development, one of whom may be a representative of the Sea Grant National College Program, 4
8585 one of whom may be a representative of the army corps of engineers, one of whom may be a 5
8686 representative of the federal environmental protection agency’s Narragansett Bay laboratory, one 6
8787 of whom shall be a representative of the coastal resources management council, one of whom may 7
8888 be the director of the department of environmental management; one of whom may be a member 8
8989 of the Rhode Island Marine Trade Association and one of whom may be a representative of a 9
9090 regional environmental group. The council shall have the authority to appoint these additional 10
9191 members to the advisory committee as is deemed necessary or advisable by the advisory committee 11
9292 or the council. It shall be the responsibility of the committee to advise the coastal resources 12
9393 management council on environmental issues relating to dredging and permitting related thereto, 13
9494 including, but not limited to, those issues defined in §§ 46-23-18.1 — 46-23-18.3, inclusive. 14
9595 (d) The council shall have the authority to form committees of other advisory groups as 15
9696 needed from both its own members and others. 16
9797 46-23-2.1. Members — Term of office — Vacancies. 17
9898 (a) The term of office of the appointed members shall be three (3) years, only so long as 18
9999 the members shall remain eligible to serve on the council under the appointment authority. 19
100100 (1) Subject to the provisions of § 46-23-2, all members shall serve until their successors 20
101101 are appointed and qualified. 21
102102 (2) Term limits on the coastal resources management council shall be determined by the 22
103103 governor as follows: two (2) appointees shall serve an initial term of three (3) years and shall be 23
104104 eligible for reappointment in accordance with this section; two (2) appointees shall serve an initial 24
105105 term of two (2) years and shall be eligible for reappointment in accordance with this section; and 25
106106 two (2) appointees shall serve an initial term of one year and shall be eligible for reappointment in 26
107107 accordance with this section. 27
108108 (3) After the expiration of the terms of all initial members pursuant to this subsection, 28
109109 succeeding appointments shall be for a term of three (3) years, and during the month of January, 29
110110 the governor shall appoint, with the advice and consent of the senate, a member to succeed the 30
111111 member whose term will then next expire for a term of three (3) years commencing on the first day 31
112112 of February next following and until a successor is named and qualified. 32
113113 (b) The members are eligible for successive up to two (2) appointments. 33
114114 (c) Elected or appointed municipal officials shall hold seats on the council, only so long as 34
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118118 they remain in their elected or appointed office. 1
119119 (d) A vacancy other than by expiration shall be filled in the manner of the original 2
120120 appointment but only for the unexpired portion of the term. Any person appointed to fill said 3
121121 vacancy shall complete the unexpired term and shall then be eligible for reappointment pursuant to 4
122122 this section. The governor shall have the power to remove his or her appointee for just cause. 5
123123 46-23-4. Officers of the council — Quorum and vote required for action. 6
124124 The governor shall select from the appointed members a chairperson and vice chairperson. 7
125125 The council shall thereupon select a secretary from among its membership or staff. The council 8
126126 may engage staff, including legal counsel, as it deems necessary. A quorum shall consist of six (6) 9
127127 members of the council provided, however, effective January 1, 2026, a quorum shall consist of 10
128128 four (4) members of the council. A majority vote of those present shall be required for action. 11
129129 SECTION 3. Section 46-23-12 of the General Laws in Chapter 46-23 entitled "Coastal 12
130130 Resources Management Council" is hereby repealed. 13
131131 46-23-12. Representation from coastal communities. 14
132132 Upon the expiration of a term of a member appointed by the governor, as an appointed or 15
133133 elected official of local government from a coastal municipality as set out in § 46-23-2, the governor 16
134134 shall appoint an appointed or elected official of a coastal municipality which, at the time of the 17
135135 governor’s appointment, has no appointed or ex officio representation on the council. 18
136136 SECTION 4. This act shall take effect upon passage. 19
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143143 EXPLANATION
144144 BY THE LEGISLATIVE COUNCIL
145145 OF
146146 A N A C T
147147 RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAG EMENT
148148 COUNCIL
149149 ***
150150 This act would change and reduce the current composition of the coastal resources 1
151151 management council (CRMC) reducing the current ten (10) member council to seven (7) members. 2
152152 This act would take effect upon passage. 3
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