2013 -- H 5480 SUBSTITUTE A

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LC00989/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO AGRICULTURE AND FORESTRY -- RIGHT TO FARM

     Introduced By: Representatives Lima, Palumbo, Mattiello, and Jacquard

     Date Introduced: February 14, 2013

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 2-19-1 and 2-19-3 of the General Laws in Chapter 2-19 entitled

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"Arborists" are hereby amended to read as follows:

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     2-19-1. Practices subject to chapter. -- The term arborist as used in this chapter means

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any person, firm or corporation who makes a business or practice of pruning, trimming, spraying

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or repairing fruit, shade and ornamental trees, and includes any lines of work that are commonly

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included under the terms tree surgery, tree dentistry, tree spraying, tree pruning, and the work of

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foresters and entomologists as applied to the care of fruit, shade, forest and ornamental trees and

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shrubs. The provisions of this chapter shall not apply to the Rhode Island resource recovery

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corporation established in chapter 23-19.

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     2-19-3. Rules and regulations -- Examination for license. -- The director of

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environmental management is authorized to make rules and regulations governing the practice of

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arborists and shall demand of any person, firm or corporation desiring to engage in the art or trade

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of treating and caring for trees as defined in section 2-19-1, that they pass an examination to show

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their ability or capability to practice the art or trade of arborist. The director is further authorized

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to make rules and regulations to carry out the provisions of this chapter, including rules and

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regulations governing mulching operations and arboriculture operations as those terms are

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defined in section 2-19-4.5.

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     SECTION 2. Chapter 2-19 of the General Laws entitled "Arborists" is hereby amended

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by adding thereto the following sections:

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     2-19-4.1. Arboriculture and mulching operations defined. -- (a) As used in this

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chapter:

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     (1) "Arboriculture" means the business or practice of pruning, trimming, spraying or

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repairing fruit, shade and ornamental trees, and includes any lines of work that are commonly

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included under the terms tree surgery, tree dentistry, tree spraying, tree pruning, and the work of

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foresters and entomologists as applied to the care of fruit, shade, forest and ornamental trees and

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shrubs.

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     (2) "Mulch" means any type of forest material, vegetative matter resulting from

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landscaping maintenance or land clearing operations and includes materials such as tree and

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shrub trimmings, tree and shrub roots, tree trunks, branches, leaves and tree stumps, that is

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produced for the purpose of spreading or application over the surface of the soil as a protective

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cover, to retain moisture, reduce erosion, provide nutrients, and suppress weed growth, seed

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germination and for general landscaping purposes.

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     (3) "Mulching operation" means any commercial enterprise operating on at least five (5)

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contiguous acres or larger, which is owned or operated by a licensed arborist pursuant to this

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chapter, and has as its primary purpose the production or storage of mulch.

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     (4) "Arboriculture operations" means any commercial enterprise operating on at least five

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(5) contiguous acres or larger, which is owned or operated by a licensed arborist pursuant to this

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chapter, and has as its primary purpose arboriculture.

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     (b) Arboriculture operations and mulching operations shall be subject to the requirements

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of chapter 2-15.

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     2-19-4.2. Nuisance actions against arboriculture operations or mulching operations.

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-- (a) No arboriculture operation or mulching operation, as defined in this chapter may be found

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to be a public or private nuisance, due to alleged objectionable:

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     (1) Noise from equipment used in normal, generally accepted arboriculture or mulching

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operations;

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     (2) Dust created from normal, generally accepted arboriculture or mulching operations;

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     (3) Use of pesticides, rodenticides, insecticides, herbicides, or fungicides.

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     This provision pertains only to nuisance actions under chapter 1 of title 10.

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     (b) No rule or regulation of the department of transportation shall be enforced against any

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arboriculture operation or mulching operation to prevent it from placing a seasonal directional

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sign or display on the state's right-of-way, on the condition that said sign or display conforms

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with the local zoning ordinance, and that sign or display is promptly removed by the arboriculture

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operation or mulching operation upon the conclusion of the season for which said sign or display

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was placed.

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     (c) The provisions of this section do not apply to arboriculture operations or mulching

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operations that operate in a malicious or negligent manner, or that conduct operations in violation

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of federal or state law.

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     SECTION 3. This act shall take effect on July 1, 2013.

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LC00989/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO AGRICULTURE AND FORESTRY -- RIGHT TO FARM

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     This act would define arboriculture and mulching operations relative to certain nuisance

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actions.

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     This act would take effect on July 1, 2013.

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LC00989/SUB A

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