Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0716 Compare Versions

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

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5	5	2025 -- S 0716
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7	7	LC002184
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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 WATERS AND NAVIGATION -- COASTAL RESOURCES MA NAGEMENT
16	16	COUNCIL
17	17	Introduced By: Senators Gu, Sosnowski, McKenney, Euer, DiMario, Mack, Bissaillon,
18	18	Britto, and Kallman
19	19	Date Introduced: March 07, 2025
20	20	Referred To: Senate Housing & Municipal Government
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Legislative findings and purpose. 1
25	25	The General Assembly finds and declares that: 2
26	26	(1) Shoreline access is a constitutionally protected right under the Rhode Island 3
27	27	constitution, and ensuring public access is of paramount importance to the residents and visitors of 4
28	28	the state. 5
29	29	(2) Recent legislation, such as the shoreline access bill (23-S 0417), reinforces the need for 6
30	30	accessible pathways to the shoreline through designated coastal resources management council 7
31	31	(CRMC) rights of way. 8
32	32	(3) Parking availability near CRMC rights of way is a critical component of shoreline 9
33	33	access, and any modifications to parking near these areas must be conducted in a manner that 10
34	34	upholds public access and complies with the Americans with Disabilities Act (ADA) and state laws. 11
35	35	(4) Ensuring that any substantive reduction in parking near rights of way are carefully 12
36	36	reviewed and approved by the department of environmental management (DEM) will safeguard 13
37	37	equitable shoreline access for all, including individuals with disabilities. 14
38	38	SECTION 2. Chapter 46-23 of the General Laws entitled "Coastal Resources Management 15
39	39	Council" is hereby amended by adding thereto the following sections: 16
40	40	46-23-27. Establishment of restricted receipt account. 17
41	41	(a) There is hereby established a restricted receipt account known as the "Rhode Island 18
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45	45	shoreline access improvement fund" to support projects enhancing public access to the shoreline. 1
46	46	(b) All fees collected through fines for violations of § 42-23-29 shall be placed into the 2
47	47	restricted receipt account established pursuant to the provisions of subsection (a) of this section. 3
48	48	(c) Projects enhancing public access to shorelines shall include, but not be limited to, 4
49	49	personnel costs, operating costs and capital expenditures to enhance public access to the shoreline. 5
50	50	(d) All fees collected pursuant to the provisions of subsection (b) of this section shall be in 6
51	51	addition to and not substituted for funds appropriated for CRMC by the state or federal government. 7
52	52	46-23-28. Requirements for parking modifications near coastal resources 8
53	53	management council rights of way. 9
54	54	(a) Any city, town, municipal agency, private entity, or other organization seeking to 10
55	55	reduce, restrict, or fundamentally alter parking near designated CRMC rights of way shall: 11
56	56	(1) Submit a comprehensive parking plan which shall provide a detailed plan outlining the 12
57	57	proposed changes, including: 13
58	58	(i) The specific parking areas affected; 14
59	59	(ii) The reasons for the proposed changes; 15
60	60	(iii) An analysis of the potential impacts on shoreline access for the public, with a specific 16
61	61	focus on ADA compliance. 17
62	62	(2) Demonstrate that the proposed changes shall not reduce access for individuals with 18
63	63	disabilities and shall meet or exceed ADA requirements for accessible parking spaces and 19
64	64	pathways. 20
65	65	(3) Conduct a public comment period of no less than thirty (30) days to gather feedback 21
66	66	from local residents, stakeholders, and advocacy groups. 22
67	67	(b) CRMC shall engage in collaboration with the department of environmental 23
68	68	management ("DEM") to ensure: 24
69	69	(1) The proposed plan does not conflict with DEM programs or projects or negatively 25
70	70	interfere with compliance with state and federal accessibility standards; 26
71	71	(2) Achieves alignment with the goals of preserving and enhancing public shoreline access; 27
72	72	and 28
73	73	(3) Provides mitigation measures to address any negative impacts identified during the 29
74	74	review process. 30
75	75	(c) CRMC and/or DEM may promulgate any necessary rules and regulations to facilitate 31
76	76	the implementation of this section within six (6) months of collaboration provided in subsection 32
77	77	(b) of this section. 33
78	78	46-23-29. Enforcement and penalties for parking areas. 34
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82	82	(a) Any entity found to have reduced, restricted, or fundamentally altered parking near 1
83	83	CRMC rights of way without complying with the provisions of this section and § 46-23-28 shall 2
84	84	be subject to: 3
85	85	(1) A cease-and-desist order issued by CRMC or DEM; 4
86	86	(2) A fine not exceeding five thousand dollars ($5,000) per day for each day of non-5
87	87	compliance; 6
88	88	(3) Additional penalties or corrective measures as deemed necessary by CRMC or DEM to 7
89	89	restore equitable access. 8
90	90	(b) Funds collected through fines shall be allocated to a Rhode Island shoreline access 9
91	91	improvement fund established pursuant to § 46-23-27, to support projects enhancing public access 10
92	92	to the shoreline. 11
93	93	SECTION 3. Severability. If any provision of this act or its application to any person or 12
94	94	circumstance is held invalid, the remainder of the act or the application of its provisions to other 13
95	95	persons or circumstances shall not be affected. 14
96	96	SECTION 4. This act shall take effect upon passage. 15
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103	103	EXPLANATION
104	104	BY THE LEGISLATIVE COUNCIL
105	105	OF
106	106	A N A C T
107	107	RELATING TO WATERS AND NAVIGA TION -- COASTAL RESOURCES MANAGEMENT
108	108	COUNCIL
109	109	***
110	110	This act would provide a procedure for parking modifications near shoreline rights of way 1
111	111	as a critical component of shoreline access, and any modifications to parking near these areas must 2
112	112	be conducted in a manner that upholds public access and complies with state and federal laws. 3
113	113	This act would take effect upon passage. 4
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