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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0400 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001634 |
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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 STATE AFFAIRS AND GOVERNMENT -- 2021 ACT ON CLIMATE |
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| 16 | 16 | | Introduced By: Senators Rogers, de la Cruz, E Morgan, Raptakis, Paolino, and Ciccone |
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| 17 | 17 | | Date Introduced: February 26, 2025 |
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| 18 | 18 | | Referred To: Senate Environment & Agriculture |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Chapter 42-6.2 of the General Laws entitled "2021 Act on Climate" is hereby 1 |
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| 23 | 23 | | repealed in its entirety. 2 |
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| 24 | 24 | | CHAPTER 42-6.2 3 |
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| 25 | 25 | | 2021 Act on Climate 4 |
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| 26 | 26 | | 42-6.2-1. Climate change coordinating council — Creation — Members. 5 |
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| 27 | 27 | | There is hereby established within the executive branch of state government a Rhode Island 6 |
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| 28 | 28 | | executive climate change coordinating council (the “council”) comprised of officials from state 7 |
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| 29 | 29 | | agencies with responsibility and oversight relating to assessing, integrating, and coordinating 8 |
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| 30 | 30 | | climate change efforts. The council shall include, but not be limited to, the following members: the 9 |
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| 31 | 31 | | director of the department of environmental management; the executive director of the coastal 10 |
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| 32 | 32 | | resources management council; the director of the department of administration; the director of the 11 |
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| 33 | 33 | | department of transportation; the director of the department of health; the director of the emergency 12 |
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| 34 | 34 | | management agency; the commissioner of the office of energy resources; the director of the 13 |
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| 35 | 35 | | division of planning; the executive director of the Rhode Island infrastructure bank; the 14 |
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| 36 | 36 | | administrator of the division of public utilities and carriers; the chief executive officer of the Rhode 15 |
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| 37 | 37 | | Island public transit authority; the secretary of the executive office of health and human services; 16 |
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| 38 | 38 | | and the secretary of the Rhode Island commerce corporation. 17 |
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| 39 | 39 | | 42-6.2-2. Purpose of the council. 18 |
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| 40 | 40 | | (a) The council shall have the following duties: 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001634 - Page 2 of 10 |
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| 44 | 44 | | (1) Assess, integrate, and coordinate climate change efforts throughout state agencies to 1 |
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| 45 | 45 | | reduce emissions, strengthen the resilience of communities and infrastructure, and prepare for the 2 |
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| 46 | 46 | | effects on climate change, including, but not limited to, coordinating vulnerability assessments 3 |
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| 47 | 47 | | throughout state government; 4 |
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| 48 | 48 | | (2)(i) No later than December 31, 2025, and every five (5) years thereafter, submit to the 5 |
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| 49 | 49 | | governor and general assembly an updated plan, following an opportunity for public comment, that 6 |
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| 50 | 50 | | includes strategies, programs, and actions to meet economy-wide enforceable targets for 7 |
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| 51 | 51 | | greenhouse gas emissions reductions as follows: 8 |
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| 52 | 52 | | (A) Ten percent (10%) below 1990 levels by 2020; 9 |
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| 53 | 53 | | (B) Forty-five percent (45%) below 1990 levels by 2030; 10 |
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| 54 | 54 | | (C) Eighty percent (80%) below 1990 levels by 2040; 11 |
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| 55 | 55 | | (D) Net-zero emissions by 2050. 12 |
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| 56 | 56 | | No action shall be brought pursuant to: subsection (a)(2)(i)(B) of this section before 2031, 13 |
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| 57 | 57 | | pursuant to subsection (a)(2)(i)(C) of this section before 2041, and pursuant to subsection 14 |
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| 58 | 58 | | (a)(2)(i)(D) of this section before 2051. 15 |
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| 59 | 59 | | (ii) The plan shall also include procedures and public metrics for periodic measurement, 16 |
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| 60 | 60 | | not less frequently than once every five (5) years, of progress necessary to meet these targets and 17 |
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| 61 | 61 | | for evaluating the possibility of meeting higher targets through cost-effective measures. 18 |
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| 62 | 62 | | (iii) The plan shall address in writing the annual input that is provided to the council by its 19 |
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| 63 | 63 | | advisory board, as set forth in § 42-6.2-4, and its science and technical advisory board, as set forth 20 |
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| 64 | 64 | | in § 42-6.2-5, in their reports to the council. 21 |
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| 65 | 65 | | (iv) If a plan directs an agency to promulgate regulations, then the agency must do so by 22 |
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| 66 | 66 | | either issuing an advance notice of proposed rulemaking, as set forth in § 42-35-2.5, no later than 23 |
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| 67 | 67 | | six (6) months after the plan is released or by issuing a notice of proposed rulemaking, as set forth 24 |
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| 68 | 68 | | in § 42-35-2.7, no later than one year after the plan is released, unless the plan specifies another 25 |
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| 69 | 69 | | timeframe for an advance notice of rulemaking or a notice of rulemaking. 26 |
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| 70 | 70 | | (v) The plan shall include an equitable transition to climate compliance for environmental 27 |
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| 71 | 71 | | justice populations, redress past environmental and public health inequities, and include a process 28 |
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| 72 | 72 | | where the interests of and people from populations most vulnerable to the effects of climate change 29 |
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| 73 | 73 | | and at risk of pollution, displacement, energy burden, and cost influence such plan. 30 |
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| 74 | 74 | | (vi) The plan shall identify support for workers during this equitable transition to address 31 |
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| 75 | 75 | | inequity in the state by creating quality and family-sustaining clean energy jobs that pay wages and 32 |
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| 76 | 76 | | benefits consistent with or that exceed area wage and labor standards. The plan shall provide for 33 |
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| 77 | 77 | | the development of programs that directly recruit, train, and retain those underrepresented in the 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001634 - Page 3 of 10 |
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| 81 | 81 | | workforce, including women, people of color, indigenous people, veterans, formerly incarcerated 1 |
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| 82 | 82 | | people, and people living with disabilities. 2 |
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| 83 | 83 | | (vii) The requirements under this subsection shall be subject to the enforcement provisions 3 |
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| 84 | 84 | | of § 42-6.2-10 effective in 2026. 4 |
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| 85 | 85 | | (viii) No later than December 31, 2022, the council shall submit to the governor and the 5 |
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| 86 | 86 | | general assembly an update to the greenhouse gas emission’s reduction plan dated “December 6 |
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| 87 | 87 | | 2016” which shall not be subject to the requirements of subsections (a)(2)(ii) through (a)(2)(vi) of 7 |
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| 88 | 88 | | this section. No action shall be brought pursuant to subsection (a)(2)(viii) of this section before 8 |
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| 89 | 89 | | 2023; 9 |
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| 90 | 90 | | (3) Advance the state’s understanding of the effects on climate change including, but not 10 |
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| 91 | 91 | | limited to: sea level rise; coastal and shoreline changes; severe weather events; critical 11 |
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| 92 | 92 | | infrastructure vulnerability; food security; and ecosystem, economic, and health impacts, including 12 |
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| 93 | 93 | | the effects of carbon pollution on children’s health; 13 |
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| 94 | 94 | | (4) Identify strategies to prepare for these effects and communicate them to Rhode 14 |
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| 95 | 95 | | Islanders, including strategies that incentivize businesses, institutions, and industry to adapt to 15 |
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| 96 | 96 | | climate change; 16 |
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| 97 | 97 | | (5) Work with municipalities to support the development of sustainable and resilient 17 |
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| 98 | 98 | | communities; 18 |
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| 99 | 99 | | (6) Identify and leverage federal, state, and private funding opportunities for emission 19 |
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| 100 | 100 | | reduction and climate change preparedness and adaption work in Rhode Island; 20 |
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| 101 | 101 | | (7) Advise the governor, the general assembly, and the public on ways to ensure that Rhode 21 |
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| 102 | 102 | | Island continues to be a national leader in developing and implementing strategies that effectively 22 |
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| 103 | 103 | | address the challenges on climate change; 23 |
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| 104 | 104 | | (8) Work with other New England states to explore areas of mutual interest to achieve 24 |
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| 105 | 105 | | common goals; and 25 |
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| 106 | 106 | | (9) Identify and facilitate opportunities to educate the public about climate change and 26 |
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| 107 | 107 | | efforts throughout state agencies and municipalities to address climate change. 27 |
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| 108 | 108 | | (b) The council is encouraged to utilize the expertise of Rhode Island universities and 28 |
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| 109 | 109 | | colleges in carrying out the duties described in subsection (a) of this section, specifically to ensure 29 |
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| 110 | 110 | | that the state’s efforts to mitigate and adapt to climate change are based on the best available 30 |
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| 111 | 111 | | scientific and technical information, and to optimize the contribution by the universities and 31 |
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| 112 | 112 | | colleges of their expertise and experience in research, analysis, modeling, mapping, applications to 32 |
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| 113 | 113 | | on-the-ground situations, technical assistance, community outreach, and public education. 33 |
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| 114 | 114 | | 42-6.2-3. Support for the council. 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001634 - Page 4 of 10 |
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| 118 | 118 | | To support the council’s work, state agencies shall: 1 |
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| 119 | 119 | | (1) Assist the council in implementing the provisions of this chapter; 2 |
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| 120 | 120 | | (2) Develop short- and long-term greenhouse gas emission reduction strategies and track 3 |
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| 121 | 121 | | the progress of these strategies; 4 |
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| 122 | 122 | | (3) Lead by example and, to the maximum extent feasible, purchase alternative fuel, hybrid, 5 |
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| 123 | 123 | | and electric vehicles that produce lower total emissions of greenhouse gases and develop programs 6 |
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| 124 | 124 | | to encourage state employees to reduce their vehicle miles and use sustainable transportation 7 |
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| 125 | 125 | | alternatives, including public transit systems; 8 |
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| 126 | 126 | | (4) Implement programs to achieve energy savings in state and municipal buildings to 9 |
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| 127 | 127 | | reduce greenhouse gases, reduce expenditures on energy, and stimulate economic and job 10 |
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| 128 | 128 | | development; 11 |
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| 129 | 129 | | (5) Increase the deployment of in-state generation of renewable energy and energy 12 |
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| 130 | 130 | | efficiency; 13 |
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| 131 | 131 | | (6) Support efforts to expand Rhode Island’s green economy and develop green 14 |
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| 132 | 132 | | infrastructure; 15 |
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| 133 | 133 | | (7) Assess the vulnerability of infrastructure and natural systems, including, but not limited 16 |
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| 134 | 134 | | to, roads, bridges, dams, and wastewater and drinking water treatment facilities, and riverine and 17 |
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| 135 | 135 | | coastal habitats, to impacts on climate change and implement strategies to relocate or protect and 18 |
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| 136 | 136 | | adapt these assets; 19 |
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| 137 | 137 | | (8) Work with relevant academic institutions and federal agencies to assess the threats of 20 |
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| 138 | 138 | | sea level rise, erosion, and storm surge, and communicate these assessments and threats, along with 21 |
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| 139 | 139 | | potential tools to address them, to state agencies and affected communities; 22 |
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| 140 | 140 | | (9) Develop plans, policies, and solutions based on the latest science to ensure the state 23 |
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| 141 | 141 | | continues to have a vibrant coastal economy, including protection of critical infrastructure, and a 24 |
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| 142 | 142 | | vibrant and resilient food system that can provide affordable access to healthy food for all Rhode 25 |
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| 143 | 143 | | Islanders; 26 |
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| 144 | 144 | | (10) Address recommendations to reduce health impacts associated with climate change 27 |
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| 145 | 145 | | and protect the populations most vulnerable to the effects of climate change and at risk of pollution, 28 |
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| 146 | 146 | | displacement, energy burden, and cost; 29 |
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| 147 | 147 | | (11) Encourage municipalities to incorporate climate change adaptation into local hazard 30 |
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| 148 | 148 | | mitigation plans and, when feasible, into hazard mitigation projects; 31 |
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| 149 | 149 | | (12) Take affirmative steps to eliminate and avoid duplication of effort through consistent 32 |
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| 150 | 150 | | coordination between agencies and programs, and pooling of resources, so as to make the most 33 |
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| 151 | 151 | | cost-efficient use of the state resources and provide the most effective services; and 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001634 - Page 5 of 10 |
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| 155 | 155 | | (13) Foster public transparency by developing public metrics and an online public 1 |
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| 156 | 156 | | dashboard that shall track both emissions reductions and sources of energy consumed by the state. 2 |
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| 157 | 157 | | The metrics and the dashboard shall be updated at least annually. 3 |
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| 158 | 158 | | 42-6.2-3.1. Funding for the council. 4 |
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| 159 | 159 | | There is hereby established a restricted receipt account in the general fund of the state and 5 |
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| 160 | 160 | | housed in the budget of the department of administration entitled “RGGI-executive climate change 6 |
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| 161 | 161 | | coordinating council projects.” The express purpose of this account is to record receipts and 7 |
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| 162 | 162 | | expenditures allocated pursuant to § 23-82-6(a)(7) and (a)(8). The state budget officer is hereby 8 |
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| 163 | 163 | | authorized to create restricted receipt sub-accounts in any department of state government that 9 |
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| 164 | 164 | | receives such funding as directed by the executive climate change coordinating council. 10 |
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| 165 | 165 | | The Rhode Island executive climate change coordinating council shall report annually to 11 |
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| 166 | 166 | | the governor and general assembly within one hundred twenty (120) days of the end of each 12 |
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| 167 | 167 | | calendar year how the funds were used to achieve the statutory objectives of the 2021 Act on 13 |
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| 168 | 168 | | Climate. 14 |
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| 169 | 169 | | 42-6.2-4. Advisory board established — Members. 15 |
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| 170 | 170 | | (a) The Rhode Island executive climate change coordinating council advisory board is 16 |
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| 171 | 171 | | hereby established. The advisory board shall have fourteen (14) members. Six (6) members shall 17 |
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| 172 | 172 | | be appointed by the governor, four (4) of whom shall be representatives of city or town government, 18 |
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| 173 | 173 | | at least one of whom shall be from a city with a population of over fifty thousand (50,000) and one 19 |
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| 174 | 174 | | of whom shall be of a town with a population of less than fifty thousand (50,000), one of whom 20 |
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| 175 | 175 | | shall be from an organization representing or serving low-income and/or minority communities, 21 |
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| 176 | 176 | | and one member of the public with expertise in, and representing the interests of, environmental 22 |
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| 177 | 177 | | justice. 23 |
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| 178 | 178 | | Four (4) members shall be appointed by the president of the senate, who shall give due 24 |
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| 179 | 179 | | consideration to appointing persons with expertise in economic policy and/or workforce 25 |
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| 180 | 180 | | development; protection of natural and cultural resources management; energy planning and 26 |
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| 181 | 181 | | development; and engineering and design. Four (4) members shall be appointed by the speaker of 27 |
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| 182 | 182 | | the house, who shall give due consideration to appointing persons with expertise in education; 28 |
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| 183 | 183 | | public health and safety; housing; or from organizations representing or serving youth or the 29 |
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| 184 | 184 | | elderly. 30 |
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| 185 | 185 | | (b) The members of the advisory board shall be appointed for terms of three (3) years; 31 |
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| 186 | 186 | | provided, however, that, with regard to the initial appointments, four (4) members shall be 32 |
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| 187 | 187 | | appointed for terms of one year; five (5) members shall be appointed for a term of two (2) years; 33 |
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| 188 | 188 | | and five (5) members shall be appointed for a term of three (3) years. Members may be reappointed, 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001634 - Page 6 of 10 |
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| 192 | 192 | | and their appointments shall continue until their successors are appointed. The term of a member 1 |
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| 193 | 193 | | representing a city or town shall end when the member no longer holds an elected or appointed 2 |
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| 194 | 194 | | position in the city or town he or she was representing. A vacancy other than by expiration shall be 3 |
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| 195 | 195 | | filled in the manner of the original appointment, but only for the unexpired portion of the term. 4 |
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| 196 | 196 | | (c) The members of the advisory board shall receive no compensation. 5 |
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| 197 | 197 | | (d) The governor shall appoint a chairperson; a vice-chairperson and secretary shall be 6 |
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| 198 | 198 | | elected annually by the advisory board members. All officers of the advisory board shall serve until 7 |
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| 199 | 199 | | their successors have been duly appointed or elected. 8 |
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| 200 | 200 | | (e) The advisory board shall meet at least quarterly or at the call of the chairperson of the 9 |
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| 201 | 201 | | council. The chairperson of the council, or his or her designee, shall be present for all advisory 10 |
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| 202 | 202 | | board meetings. 11 |
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| 203 | 203 | | (f) The advisory board shall have the following purposes and duties: 12 |
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| 204 | 204 | | (1) Advise the council on all matters pertaining to the duties and powers of the council, 13 |
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| 205 | 205 | | including evaluating and making recommendations regarding plans, programs, and strategies 14 |
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| 206 | 206 | | relating to climate change mitigation and adaptation; 15 |
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| 207 | 207 | | (2) Assist the council in improving public access to, and understanding of, the best 16 |
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| 208 | 208 | | available scientific, technical, and other information about climate change, mitigation, adaptation, 17 |
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| 209 | 209 | | etc., so as to build public support for, and participation in, initiatives to make communities more 18 |
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| 210 | 210 | | resilient; 19 |
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| 211 | 211 | | (3) Serve as a conduit for communicating information from the council to communities and 20 |
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| 212 | 212 | | constituencies, as well as vice versa, for input from the community level to the council; 21 |
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| 213 | 213 | | (4) Assist the council in meeting its own transparency and accountability obligations; 22 |
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| 214 | 214 | | (5) Report to the council at each regular council meeting; and 23 |
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| 215 | 215 | | (6) Prepare an annual report, to be included in the annual report of the council, that 24 |
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| 216 | 216 | | specifically addresses the state of public awareness and engagement; the effectiveness of 25 |
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| 217 | 217 | | mitigation, adaptation and public information programs from the community perspective; the 26 |
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| 218 | 218 | | ability of the council to attain its goals and objectives, including effective interagency coordination 27 |
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| 219 | 219 | | and public-private partnerships; and actions that would further the purposes of the council and this 28 |
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| 220 | 220 | | legislation. 29 |
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| 221 | 221 | | (g) For purposes of this section, “environmental justice” means the fair treatment and 30 |
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| 222 | 222 | | meaningful involvement of all people regardless of race, color, national origin, English proficiency, 31 |
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| 223 | 223 | | or income with respect to the development, implementation, and enforcement of environmental 32 |
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| 224 | 224 | | laws, regulations, and policies. 33 |
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| 225 | 225 | | 42-6.2-5. Science and technical advisory board established — Members. 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC001634 - Page 7 of 10 |
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| 229 | 229 | | (a) The Rhode Island executive climate change council science and technical advisory 1 |
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| 230 | 230 | | board is hereby established. The science and technical advisory board shall have nine (9) members, 2 |
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| 231 | 231 | | appointed by the governor with the advice and consent of the senate. Four (4) members shall be 3 |
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| 232 | 232 | | from institutions of higher education in the state; two (2) shall be from research laboratories located 4 |
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| 233 | 233 | | in the state; and three (3) shall be from state agencies with expertise in, and responsibility for, 5 |
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| 234 | 234 | | addressing issues pertaining to climate change. 6 |
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| 235 | 235 | | (b) The members of the science and technical advisory board shall be appointed for terms 7 |
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| 236 | 236 | | of three (3) years; provided, however, that, with regard to the initial appointments, three (3) 8 |
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| 237 | 237 | | members shall be appointed for terms of one year; three (3) members shall be appointed for a term 9 |
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| 238 | 238 | | of two (2) years; and three (3) members shall be appointed for a term of three (3) years. Members 10 |
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| 239 | 239 | | may serve not more than three (3) successive terms and their appointments shall continue until their 11 |
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| 240 | 240 | | successors are appointed. A vacancy other than by expiration shall be filled in the manner of the 12 |
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| 241 | 241 | | original appointment, but only for the unexpired portion of the term. 13 |
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| 242 | 242 | | (c) Members of the advisory board shall receive no compensation. 14 |
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| 243 | 243 | | (d) The governor shall appoint a chairperson; a vice-chairperson and secretary shall be 15 |
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| 244 | 244 | | elected annually by the advisory board members. All officers of the advisory board shall serve until 16 |
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| 245 | 245 | | their successors have been duly appointed or elected. 17 |
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| 246 | 246 | | (e) The advisory board shall meet at least quarterly or at the call of the chairperson of the 18 |
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| 247 | 247 | | council. 19 |
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| 248 | 248 | | (f) The advisory board shall have the following purposes and duties: 20 |
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| 249 | 249 | | (1) Keep the executive climate change council abreast of important developments in 21 |
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| 250 | 250 | | scientific and technical information relating to climate change and resiliency; 22 |
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| 251 | 251 | | (2) Explore and advise the council regarding opportunities to provide timely support for 23 |
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| 252 | 252 | | key policy and management decisions by aligning academic research around issues of climate 24 |
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| 253 | 253 | | change and resiliency; 25 |
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| 254 | 254 | | (3) Inventory the scientific and technical work being done by public-and private-sector 26 |
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| 255 | 255 | | entities, and evaluate options to coordinate or integrate/consolidate such work in order to achieve 27 |
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| 256 | 256 | | greater efficiency, save resources, and provide better services; 28 |
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| 257 | 257 | | (4) Make recommendations and provide policy advice to the council regarding research 29 |
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| 258 | 258 | | needs and priorities, resource allocation, and funding opportunities; 30 |
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| 259 | 259 | | (5) Assist the council in communicating scientific and technical information to key user 31 |
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| 260 | 260 | | groups and the general public; and 32 |
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| 261 | 261 | | (6) Prepare an annual report, to be included in the annual report of the council, evaluating 33 |
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| 262 | 262 | | to what extent the state’s policies and programs aimed at mitigating and adapting to climate change 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC001634 - Page 8 of 10 |
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| 266 | 266 | | are supported by the best available science and technical information. 1 |
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| 267 | 267 | | 42-6.2-6. Open government requirements. 2 |
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| 268 | 268 | | The council and advisory board shall be subject to the provisions of chapter 46 of title 42 3 |
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| 269 | 269 | | (the open meetings act) and chapter 2 of title 38 (the access to public records act). Any rules and 4 |
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| 270 | 270 | | regulations, or any amendments to rules and regulations, to carry out the requirements of this 5 |
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| 271 | 271 | | chapter shall be adopted in accordance with the provisions of chapter 35 of title 42 (the 6 |
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| 272 | 272 | | administrative procedures act). 7 |
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| 273 | 273 | | 42-6.2-7. Reporting. 8 |
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| 274 | 274 | | No later than May 1, 2015, and annually thereafter, the council shall issue a report of its 9 |
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| 275 | 275 | | findings, recommendations, and progress on achieving the purposes and requirements of this 10 |
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| 276 | 276 | | chapter. 11 |
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| 277 | 277 | | 42-6.2-8. Powers and duties of state agencies — Exercise of existing authority. 12 |
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| 278 | 278 | | Addressing the impacts on climate change shall be deemed to be within the powers, duties, 13 |
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| 279 | 279 | | and obligations of all state departments, agencies, commissions, councils, and instrumentalities, 14 |
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| 280 | 280 | | including quasi-public agencies, and each shall exercise among its purposes in the exercise of its 15 |
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| 281 | 281 | | existing authority, the purposes set forth in this chapter pertaining to climate change mitigation, 16 |
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| 282 | 282 | | adaptation, and resilience in so far as climate change affects its mission, duties, responsibilities, 17 |
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| 283 | 283 | | projects, or programs. Each agency shall have the authority to promulgate rules and regulations 18 |
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| 284 | 284 | | necessary to meet the greenhouse gas emission reduction mandate established by § 42-6.2-9. 19 |
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| 285 | 285 | | 42-6.2-9. Statewide greenhouse gas emission reduction mandate. 20 |
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| 286 | 286 | | Mandatory targets for emissions reduction: 21 |
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| 287 | 287 | | It is hereby established that the state shall reduce its statewide greenhouse gas emissions 22 |
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| 288 | 288 | | to the targets set forth in § 42-6.2-2(a)(2)(i), as those targets may from time to time be revised, and 23 |
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| 289 | 289 | | that achieving those targets shall be mandatory under the provisions of this chapter. The targets at 24 |
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| 290 | 290 | | the time of the enactment of this act [April 10, 2021] are that greenhouse gas emissions shall be ten 25 |
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| 291 | 291 | | percent (10%) below 1990 levels by 2020, shall be forty-five percent (45%) below 1990 levels by 26 |
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| 292 | 292 | | 2030; eighty percent (80%) below 1990 levels by 2040, and shall be net-zero emissions by 2050. 27 |
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| 293 | 293 | | 42-6.2-10. Enforcement. 28 |
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| 294 | 294 | | (a) The provisions of this chapter may be enforced by means of an action in the superior 29 |
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| 295 | 295 | | court seeking either injunctive relief, a declaratory judgment, a writ of mandamus, or any 30 |
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| 296 | 296 | | combination thereof, for: 31 |
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| 297 | 297 | | (1) Climate plans required by § 42-6.2-2(a)(2); or 32 |
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| 298 | 298 | | (2) The greenhouse gas emissions reduction mandate required by § 42-6.2-9. 33 |
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| 299 | 299 | | (b) No such action may be commenced without the plaintiff providing written notice of the 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC001634 - Page 9 of 10 |
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| 303 | 303 | | violations of this chapter to defendants at least sixty (60) days prior to filing a legal action in 1 |
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| 304 | 304 | | superior court. Where the defendant is a government entity, no costs or fees shall be awarded if a 2 |
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| 305 | 305 | | court determines that substantive action was taken during the sixty-day (60) period. No such action 3 |
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| 306 | 306 | | shall be brought before 2026. 4 |
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| 307 | 307 | | (c) Unless otherwise authorized in this chapter, no such action shall be brought prior to 5 |
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| 308 | 308 | | 2026. 6 |
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| 309 | 309 | | (d) Venue for such actions shall be proper in the superior court. 7 |
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| 310 | 310 | | (e) The Rhode Island attorney general, any Rhode Island resident, and any Rhode Island 8 |
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| 311 | 311 | | corporation, company, organization, nonprofit, or other Rhode Island legal entity or organization 9 |
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| 312 | 312 | | registered with the Rhode Island secretary of state may bring a civil action to enforce this chapter. 10 |
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| 313 | 313 | | (f) The court may award costs of litigation (including reasonable attorney and expert 11 |
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| 314 | 314 | | witness fees) to any substantially prevailing party. Provided, however, nothing in this section shall 12 |
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| 315 | 315 | | restrict any right which any person (or class of persons) may have under any statute or common 13 |
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| 316 | 316 | | law. 14 |
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| 317 | 317 | | 42-6.2-11. Liberal construction. 15 |
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| 318 | 318 | | This chapter, being necessary for the welfare of the state and its inhabitants, shall be 16 |
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| 319 | 319 | | liberally construed so as to effectuate its purposes. 17 |
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| 320 | 320 | | 42-6.2-12. Severability. 18 |
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| 321 | 321 | | If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any 19 |
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| 322 | 322 | | court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate 20 |
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| 323 | 323 | | the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, 21 |
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| 324 | 324 | | section, or part directly involved in the controversy in which that judgment shall have been 22 |
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| 325 | 325 | | rendered. 23 |
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| 326 | 326 | | SECTION 2. This act shall take effect upon passage. 24 |
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| 327 | 327 | | ======== |
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| 328 | 328 | | LC001634 |
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| 329 | 329 | | ======== |
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| 330 | 330 | | |
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| 331 | 331 | | |
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| 332 | 332 | | LC001634 - Page 10 of 10 |
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| 333 | 333 | | EXPLANATION |
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| 334 | 334 | | BY THE LEGISLATIVE COUNCIL |
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| 335 | 335 | | OF |
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| 336 | 336 | | A N A C T |
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| 337 | 337 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- 2021 ACT ON CLIMATE |
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| 338 | 338 | | *** |
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| 339 | 339 | | This act would repeal the 2021 Act on Climate which established a statewide greenhouse 1 |
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| 340 | 340 | | gas emission reduction mandate in its entirety. 2 |
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| 341 | 341 | | This act would take effect upon passage. 3 |
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| 342 | 342 | | ======== |
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| 343 | 343 | | LC001634 |
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| 344 | 344 | | ======== |
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| 345 | 345 | | |
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