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4 | 4 | | |
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5 | 5 | | 2025 -- H 6126 |
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6 | 6 | | ======== |
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7 | 7 | | LC002481 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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 WATERS AND NAVIGATION -- COASTAL RESOURCES MA NAGEMENT |
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16 | 16 | | COUNCIL |
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17 | 17 | | Introduced By: Representatives Finkelman, Cortvriend, Dawson, and Carson |
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18 | 18 | | Date Introduced: March 21, 2025 |
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19 | 19 | | Referred To: House State Government & Elections |
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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. Sections 46-23-2, 46-23-2.1 and 46-23-4 of the General Laws in Chapter 46-1 |
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24 | 24 | | 23 entitled "Coastal Resources Management Council" are hereby amended to read as follows: 2 |
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25 | 25 | | 46-23-2. Coastal resources management council created — Appointment of members. 3 |
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26 | 26 | | (a) There Effective until January 1, 2026, there is hereby created the coastal resources 4 |
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27 | 27 | | management council. The coastal resources management council shall consist of ten (10) members. 5 |
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28 | 28 | | Nine (9) members shall be appointed by the governor, with advice and consent of the senate, and 6 |
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29 | 29 | | one member shall serve ex officio. All current appointments to the coastal resources management 7 |
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30 | 30 | | council made by the governor with advice and consent of the senate are hereby validated and 8 |
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31 | 31 | | ratified and those appointees shall serve for the remainder of their term; provided, however, 9 |
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32 | 32 | | notwithstanding any law to the contrary, all members of the coastal resources management council 10 |
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33 | 33 | | appointed prior to January 1, 2026 shall have their term expire on January 1, 2026. 11 |
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34 | 34 | | (1) Six Effective until January 1, 2026, six (6) of the members shall be appointed or elected 12 |
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35 | 35 | | officials of local government: three (3) of whom shall be appointed or elected officials in a 13 |
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36 | 36 | | municipality of fewer than twenty-five thousand (25,000) in population, three (3) of whom shall be 14 |
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37 | 37 | | appointed or elected officials in a municipality of more than twenty-five thousand (25,000) in 15 |
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38 | 38 | | population. The populations are to be determined by the latest federal census. Elected or appointed 16 |
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39 | 39 | | municipal officials shall hold seats on the council only so long as they remain in their elected or 17 |
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40 | 40 | | appointed office. Each municipal appointment shall cease if the appointed or elected official shall 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC002481 - Page 2 of 5 |
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44 | 44 | | no longer hold or change the office which they held upon appointment. At least five (5) out of the 1 |
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45 | 45 | | six (6) appointed or elected members must be appointed or elected in a coastal municipality. When 2 |
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46 | 46 | | the governor submits his or her appointments to the senate for advice and consent, the governor 3 |
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47 | 47 | | shall specify the appointed or elected office that each municipal appointment holds; the population 4 |
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48 | 48 | | of the municipality represented; and the member being replaced. 5 |
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49 | 49 | | (2) Three (3) members shall be appointed by the governor from the public, with the advice 6 |
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50 | 50 | | and consent of the senate, one of the public members and his or her successors shall reside in a 7 |
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51 | 51 | | coastal municipality. 8 |
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52 | 52 | | (3) All members shall serve until their successors are appointed and qualified; during the 9 |
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53 | 53 | | month of January, the governor shall appoint, with the advice and consent of the senate, a member 10 |
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54 | 54 | | to succeed the members whose term will then next expire for a term of three (3) years commencing 11 |
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55 | 55 | | on the first day of February next following and until their successor is named and qualified. A 12 |
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56 | 56 | | member shall be eligible for successive appointments. No more than two (2) persons on the council 13 |
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57 | 57 | | shall be from the same municipality. A vacancy other than by expiration shall be filled in the 14 |
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58 | 58 | | manner of the original appointment but only for the unexpired portion of the term. 15 |
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59 | 59 | | (4) The director of the department of environmental management, or their designee, shall 16 |
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60 | 60 | | serve ex officio. The ex-officio member shall not be counted as serving from any particular 17 |
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61 | 61 | | municipality. 18 |
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62 | 62 | | (2) On and after January 1, 2026, the governor shall appoint a coastal resources 19 |
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63 | 63 | | management council that shall consist of seven (7) voting members, one of whom shall be the 20 |
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64 | 64 | | attorney general or designee. The six (6) remaining members shall be public members appointed 21 |
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65 | 65 | | by the governor with the advice and consent of the senate. All appointed members shall possess 22 |
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66 | 66 | | background, qualifications and expertise in environmental matters, provided that one of whom shall 23 |
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67 | 67 | | be an engineer; one of whom shall be a coastal biologist; and one of whom shall be a representative 24 |
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68 | 68 | | of an environmental organization. Current or past service on the coastal resources management 25 |
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69 | 69 | | council shall not disqualify an individual from reappointment pursuant to this subsection. 26 |
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70 | 70 | | (b) In addition to the foregoing voting members, the council may include a varying number 27 |
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71 | 71 | | of other members who may serve in an advisory capacity without the right to vote and who may be 28 |
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72 | 72 | | invited to serve by either the governor or the voting members. These advisory members may 29 |
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73 | 73 | | represent the federal agencies such as the navy, coast guard, corps of engineers, public health 30 |
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74 | 74 | | service, and the Federal Water Pollution Control Administration, and such regional agencies as the 31 |
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75 | 75 | | New England River Basins Commission and the New England Regional Commission and any other 32 |
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76 | 76 | | group or interest not otherwise represented. 33 |
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77 | 77 | | (c) There may be established a coastal resources advisory committee which committee, 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC002481 - Page 3 of 5 |
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81 | 81 | | appointed by the executive director of the coastal resources management council, may include, but 1 |
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82 | 82 | | not be limited to, representation from the following groups: one of whom may be a representative 2 |
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83 | 83 | | of the university of Rhode Island graduate school of oceanography and the college of resources 3 |
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84 | 84 | | development, one of whom may be a representative of the Sea Grant National College Program, 4 |
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85 | 85 | | one of whom may be a representative of the army corps of engineers, one of whom may be a 5 |
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86 | 86 | | representative of the federal environmental protection agency’s Narragansett Bay laboratory, one 6 |
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87 | 87 | | of whom shall be a representative of the coastal resources management council, one of whom may 7 |
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88 | 88 | | be the director of the department of environmental management; one of whom may be a member 8 |
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89 | 89 | | of the Rhode Island Marine Trade Association and one of whom may be a representative of a 9 |
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90 | 90 | | regional environmental group. The council shall have the authority to appoint these additional 10 |
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91 | 91 | | members to the advisory committee as is deemed necessary or advisable by the advisory committee 11 |
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92 | 92 | | or the council. It shall be the responsibility of the committee to advise the coastal resources 12 |
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93 | 93 | | management council on environmental issues relating to dredging and permitting related thereto, 13 |
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94 | 94 | | including, but not limited to, those issues defined in §§ 46-23-18.1 — 46-23-18.3, inclusive. 14 |
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95 | 95 | | (d) The council shall have the authority to form committees of other advisory groups as 15 |
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96 | 96 | | needed from both its own members and others. 16 |
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97 | 97 | | 46-23-2.1. Members — Term of office — Vacancies. 17 |
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98 | 98 | | (a) The term of office of the appointed members shall be three (3) years, only so long as 18 |
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99 | 99 | | the members shall remain eligible to serve on the council under the appointment authority. 19 |
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100 | 100 | | (1) Subject to the provisions of § 46-23-2, all members shall serve until their successors 20 |
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101 | 101 | | are appointed and qualified. 21 |
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102 | 102 | | (2) Term limits on the coastal resources management council shall be determined by the 22 |
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103 | 103 | | governor as follows: two (2) appointees shall serve an initial term of three (3) years and shall be 23 |
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104 | 104 | | eligible for reappointment in accordance with this section; two (2) appointees shall serve an initial 24 |
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105 | 105 | | term of two (2) years and shall be eligible for reappointment in accordance with this section; and 25 |
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106 | 106 | | two (2) appointees shall serve an initial term of one year and shall be eligible for reappointment in 26 |
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107 | 107 | | accordance with this section. 27 |
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108 | 108 | | (3) After the expiration of the terms of all initial members pursuant to this subsection, 28 |
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109 | 109 | | succeeding appointments shall be for a term of three (3) years, and during the month of January, 29 |
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110 | 110 | | the governor shall appoint, with the advice and consent of the senate, a member to succeed the 30 |
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111 | 111 | | member whose term will then next expire for a term of three (3) years commencing on the first day 31 |
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112 | 112 | | of February next following and until a successor is named and qualified. 32 |
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113 | 113 | | (b) The members are eligible for successive up to two (2) appointments. 33 |
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114 | 114 | | (c) Elected or appointed municipal officials shall hold seats on the council, only so long as 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC002481 - Page 4 of 5 |
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118 | 118 | | they remain in their elected or appointed office. 1 |
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119 | 119 | | (d) A vacancy other than by expiration shall be filled in the manner of the original 2 |
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120 | 120 | | appointment but only for the unexpired portion of the term. Any person appointed to fill said 3 |
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121 | 121 | | vacancy shall complete the unexpired term and shall then be eligible for reappointment pursuant to 4 |
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122 | 122 | | this section. The governor shall have the power to remove his or her appointee for just cause. 5 |
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123 | 123 | | 46-23-4. Officers of the council — Quorum and vote required for action. 6 |
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124 | 124 | | The governor shall select from the appointed members a chairperson and vice chairperson. 7 |
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125 | 125 | | The council shall thereupon select a secretary from among its membership or staff. The council 8 |
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126 | 126 | | may engage staff, including legal counsel, as it deems necessary. A quorum shall consist of six (6) 9 |
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127 | 127 | | members of the council provided, however, effective January 1, 2026, a quorum shall consist of 10 |
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128 | 128 | | four (4) members of the council. A majority vote of those present shall be required for action. 11 |
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129 | 129 | | SECTION 3. Section 46-23-12 of the General Laws in Chapter 46-23 entitled "Coastal 12 |
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130 | 130 | | Resources Management Council" is hereby repealed. 13 |
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131 | 131 | | 46-23-12. Representation from coastal communities. 14 |
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132 | 132 | | Upon the expiration of a term of a member appointed by the governor, as an appointed or 15 |
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133 | 133 | | elected official of local government from a coastal municipality as set out in § 46-23-2, the governor 16 |
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134 | 134 | | shall appoint an appointed or elected official of a coastal municipality which, at the time of the 17 |
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135 | 135 | | governor’s appointment, has no appointed or ex officio representation on the council. 18 |
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136 | 136 | | SECTION 4. This act shall take effect upon passage. 19 |
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137 | 137 | | ======== |
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138 | 138 | | LC002481 |
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139 | 139 | | ======== |
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140 | 140 | | |
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141 | 141 | | |
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142 | 142 | | LC002481 - Page 5 of 5 |
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143 | 143 | | EXPLANATION |
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144 | 144 | | BY THE LEGISLATIVE COUNCIL |
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145 | 145 | | OF |
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146 | 146 | | A N A C T |
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147 | 147 | | RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAG EMENT |
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148 | 148 | | COUNCIL |
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149 | 149 | | *** |
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150 | 150 | | This act would change and reduce the current composition of the coastal resources 1 |
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151 | 151 | | management council (CRMC) reducing the current ten (10) member council to seven (7) members. 2 |
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152 | 152 | | This act would take effect upon passage. 3 |
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153 | 153 | | ======== |
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154 | 154 | | LC002481 |
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