2012 -- H 7333

=======

LC00997

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO WATERS AND NAVIGATION - SEPARATION OF POWERS - COASTAL

RESOURCES MANAGEMENT COUNCIL

     Introduced By: Representatives Ehrhardt, Malik, and Walsh

     Date Introduced: February 02, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 46-23-2, 46-23-2.1 and 46-23-4 of the General Laws in Chapter

1-2

46-23 entitled "Coastal Resources Management Council" are hereby amended to read as follows:

1-3

     46-23-2. Coastal resources management council created -- Appointment of

1-4

members. -- (a) There is hereby created the coastal resources management council. which shall

1-5

consist of twelve (12) members as follows:

1-6

      (1) The coastal resources management council shall consist of sixteen (16) members, two

1-7

(2) of whom shall be members of the house of representatives, at least one of the members shall

1-8

represent a coastal municipality, appointed by the speaker, two (2) of whom shall be members of

1-9

the senate, each of whom shall represent a coastal municipality, appointed by the president of the

1-10

senate, two (2) of whom shall be from the general public appointed by the speaker of the house

1-11

for a term of two (2) years, two (2) of whom shall be from a coastal municipality appointed by the

1-12

speaker of the house for a term of three (3) years.

1-13

      (2) In addition, (1) four Four (4) of the members shall be appointed or elected officials of

1-14

local government appointed by the governor, with the advice and consent of the senate one of

1-15

whom shall be from a municipality of less than twenty-five thousand (25,000) population,

1-16

appointed to serve until January 31, 1972, one of whom shall be from a coastal municipality of

1-17

more than twenty-five thousand (25,000) population appointed to serve until January 31, 1973,

1-18

and one of whom shall be from a coastal municipality of less than twenty-five thousand (25,000)

1-19

population appointed to serve until January 31, 1974, and one of whom shall be from a coastal

2-1

community of more than twenty-five thousand (25,000) population. appointed to serve until

2-2

January 31, 1975, the populations are to Population shall be determined by the latest federal

2-3

census;. all All municipal members shall serve until their successors are appointed and qualified;

2-4

during the month of January, the governor shall appoint a municipal member to succeed the

2-5

member whose term will then next expire for a term of four (4) years commencing on the first

2-6

day of February then next following and until his or her successor is named and qualified; each

2-7

municipal appointment shall cease if the appointed or elected official shall no longer hold or

2-8

change the office which he or she held upon appointment, and further, each appointee shall be

2-9

eligible to succeed him or herself.

2-10

      (3) (2) Three (3) Seven (7) members shall be appointed by the governor from the general

2-11

public, with the advice and consent of the senate, one of whom shall serve until January 1, 1972,

2-12

one of whom shall serve until January 1, 1973 and one of whom shall serve until January 1, 1974;

2-13

the members and their successors at least four (4) of whom shall represent a coastal community.

2-14

     (3) Appointments to the council shall be made to provide knowledge and experience in a

2-15

diverse range of coastal interests. The members of the council shall serve and act on the council

2-16

solely for the best interests of the public and the public trust, and shall bring their particular

2-17

knowledge and experience to the council for that end alone. In making appointments to the

2-18

council, the governor shall: (i) Provide for a range and diversity of skills, backgrounds, and

2-19

geographic and stakeholder perspectives; (ii) Include a majority of members from coastal

2-20

communities; and (iii) Provide for representation from communities of varying sizes and

2-21

character.

2-22

     (4) Those members of the council as of the effective date of this act who were appointed

2-23

by the governor shall continue to serve for the balance of their current terms. Those members of

2-24

the council as of the effective date of this act who are members of the general assembly or who

2-25

were appointed to the council by the speaker of the house of representatives shall cease to be

2-26

members of the council on the effective date of this act, and the governor shall thereupon

2-27

nominate four (4) new members.

2-28

     (5) Two (2) of those new members first appointed by the governor pursuant to

2-29

subdivision (a)(4) shall serve initial terms of three (3) years; one of those new members first

2-30

appointed by the governor pursuant to subdivision (a)(4) shall serve an initial term of two (2)

2-31

years and one of those new members, appointed by the governor pursuant to subdivision (a)(4),

2-32

shall serve an initial term of one year. Thereafter, all non-municipal appointed members of the

2-33

council shall be appointed to serve for terms of three (3) years.

3-34

      (4) (6) All nonmunicipal members shall serve until their successors are appointed and

3-35

qualified; during the month of January, the governor shall appoint, with advice and consent of

3-36

senate, a member to succeed the each member whose term will then next expire for a term of

3-37

three (3) years commencing on the first day of February next following and until his or her

3-38

successor is named and qualified. A member shall be eligible to succeed him himself or herself.

3-39

No more than two (2) persons on the council shall be from the same community.

3-40

      (5) (7) Appointments shall first be made by the governor, then by the president of the

3-41

senate, and then by the speaker. The director of the department of environmental management

3-42

commissioner of the environmental protection branch or his or her designee within the

3-43

department of environment shall serve ex-officio. The ex-officio member shall not be counted as

3-44

serving from any particular community.

3-45

      (b) In addition to the foregoing voting members, the council shall include a varying

3-46

number of other members who shall serve in an advisory capacity without the right to vote and

3-47

who shall be invited to serve by either the governor or the voting members. These advisory

3-48

members shall represent the federal agencies such as the navy, coast guard, corps of engineers,

3-49

public health service, and the federal water pollution control administration, and such regional

3-50

agencies as the New England river basins commission and the New England regional commission

3-51

and any other group or interest not otherwise represented.

3-52

      (c) There shall be established a coastal resources advisory committee which committee,

3-53

appointed by the executive director of the coastal resources management council, shall include,

3-54

but not be limited to, representation from the following groups: one of whom shall be a

3-55

representative of the University of Rhode Island Graduate School of Oceanography and the

3-56

College of Resources Development, one of whom shall be a representative of the Sea Grant

3-57

National College Program, one of whom shall be a representative of the army corps of engineers,

3-58

one of whom shall be a representative of the federal environmental protection agency's

3-59

Narragansett Bay laboratory, one of whom shall be a representative of the coastal resources

3-60

management council, one of whom shall be the director of environmental management; one of

3-61

whom shall be a member of the Rhode Island Marine Trade Association and one of whom shall

3-62

be a representative of a regional environmental group. The council shall have the authority to

3-63

appoint such additional members to said advisory committee as is deemed necessary or advisable

3-64

by the advisory committee or the council. It shall be the responsibility of the committee to advise

3-65

the coastal resources management council on environmental issues relating to dredging and

3-66

permitting related thereto, including but not limited to those issues defined in sections 46-23-18.1

3-67

-- 46-23-18.3, inclusive.

4-68

      (d) The council shall have the authority to form committees of other advisory groups as

4-69

needed from both its own members and others.

4-70

     (d) The council shall have the authority to form committees of other advisory groups as

4-71

needed from both its own members and others.

4-72

     46-23-2.1. Members -- Term of office -- Vacancies. -- (a) The term of office of the

4-73

appointed members shall be three (3) years, only so long as the members shall remain eligible to

4-74

serve on the council under the appointment authority.

4-75

      (b) (a)The members are eligible to succeed themselves.

4-76

      (c) (b) Elected or appointed municipal officials shall hold seats on the council, only so

4-77

long as they remain in their elected or appointed office. Members of the senate and house shall

4-78

serve at the pleasure of the appointing authority and shall not be subject to the provisions of

4-79

subsection (b) of this section.

4-80

      (d) (b) A vacancy other than by expiration shall be filled in the manner of the original

4-81

appointment but only for the unexpired portion of the term. The appointing authority shall have

4-82

the power to remove its appointee for just cause.

4-83

     (c) Members of the council shall be removable by the governor pursuant to the provisions

4-84

of section 36-1-7 of the general laws and for cause only, and removal solely for partisan or

4-85

personal reasons unrelated to capacity or fitness for the office shall be unlawful.

4-86

     46-23-4. Officers of the council -- Quorum and vote required for action. -- The

4-87

governor, upon the appointment of the appointed members of the council, shall select from the

4-88

appointed members a chairperson and vice chairperson. The council shall thereupon select a

4-89

secretary from among its membership or staff. The council may engage such staff, including legal

4-90

counsel, as it deems necessary. A quorum shall consist of seven (7) members of the council. A

4-91

majority vote of those present shall be required for action.

4-92

     SECTION 2. Chapter 46-23 of the General Laws entitled "Coastal Resources

4-93

Management Council" is hereby amended by adding thereto the following sections:

4-94

     46-23-26. Reporting requirements. -- Within ninety (90) days after the end of each

4-95

fiscal year, the council shall approve and submit an annual report to the governor, the speaker of

4-96

the house of representatives, the president of the senate, and the secretary of state, of its activities

4-97

during that fiscal year. The report shall provide an operating statement, summarizing meetings or

4-98

hearings held, including meeting minutes, subjects addressed, decisions rendered, applications

4-99

considered and their disposition, rules or regulations promulgated, studies conducted, policies and

4-100

plans developed, approved, or modified, and programs administered or initiated; a consolidated

4-101

financial statement of all funds received and expended including the source of the funds, a listing

4-102

of any staff supported by these funds, and a summary of any clerical, administrative or technical

5-1

support received; a summary of performance during the previous fiscal year including

5-2

accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or

5-3

other legal matters related to the authority of the council; a summary of any training courses held

5-4

pursuant to the provisions of this chapter; a briefing on anticipated activities in the upcoming

5-5

fiscal year, and findings and recommendations for improvements. The report shall be posted

5-6

electronically on the website of the secretary of state pursuant to the provisions of section 42-20-

5-7

8.2. The director of the department of administration shall be responsible for the enforcement of

5-8

this provision.

5-9

     46-23-27. Training requirements. -- The council shall conduct a training course for

5-10

newly appointed and qualified members within six (6) months of their qualification or

5-11

designation. The course shall be developed by the chair or the executive director of the council,

5-12

be approved by the council, and be conducted by the chair or the executive director of the

5-13

council. The council may approve the use of any council and/or staff member and/or individuals

5-14

to assist with training. The training course shall include instruction in the following areas: the

5-15

provisions of chapters 42-46, 36-14 and 38-2; and the council's rules and regulations. The director

5-16

of the department of administration shall, within ninety (90) days of the effective date of this act,

5-17

prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and

5-18

38-2.

5-19

     SECTION 3. Title 22 of the General Laws entitled "GENERAL ASSEMBLY" is hereby

5-20

amended by adding thereto the following chapter:

5-21

     CHAPTER 14.3

5-22

PERMANENT JOINT COMMITTEE ON COASTAL RESOURCES

5-23

     22-14.3-1. Permanent joint committee on coastal resources - Composition. -- (a)

5-24

There is hereby created a permanent joint committee on coastal resources. The permanent joint

5-25

committee on coastal resources shall consist of eight (8) members: four (4) of whom shall be

5-26

members of the senate, not more than three (3) from the same political party, to be appointed by

5-27

the senate president; and four (4) of whom shall be members of the house of representatives, not

5-28

more than three (3) from the same political party to be appointed by the speaker of the house.

5-29

     (b) The senate president and the speaker of the house shall consult with the house and

5-30

senate minority leaders on the appointment of the minority members.

5-31

     22-14.3-2. Powers and duties of permanent joint committee on coastal resources. --

5-32

The permanent joint committee on coastal resources shall have the authority to:

5-33

     (1) Provide oversight of the coastal resources management council and of the department

5-34

of environmental management in all matters relating to the use, conservation, regulation and

6-1

management of the coastal resources of this state;

6-2

     (2) Confer, as the committee deems desirable, with the chairperson and staff of the

6-3

coastal resources management council and with the director and staff of the department of

6-4

environmental management;

6-5

     (3) Issue subpoenas, subpoenas duces tecum and orders for the production of books,

6-6

accounts, papers, records and documents, and;

6-7

     (4) Make recommendations to the general assembly and propose legislation regarding (i)

6-8

The use, conservation, regulation and management of the coastal resources of this state; and (ii)

6-9

The operation of the coastal resources management council and/or the department of

6-10

environmental management.

6-11

     SECTION 4. This act shall take effect upon passage.

=======

LC00997

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION - SEPARATION OF POWERS - COASTAL

RESOURCES MANAGEMENT COUNCIL

***

7-1

     This act would change the method by which members to the Coastal Resource

7-2

Management Council are appointed to comply with the Separation of Powers Constitutional

7-3

Amendment.

7-4

     This act would take effect upon passage.

=======

LC00997

=======