2014 -- S 2792

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LC005209

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO WATERS AND NAVIGATION - THE COASTAL RESOURCES

MANAGEMENT COUNCIL - FISHERIES ADMINISTRATIVE FUND FOR RENEWABLE

ENERGY PROJECTS

     Introduced By: Senator V. SusanSosnowski

     Date Introduced: March 25, 2014

     Referred To: Senate Environment & Agriculture

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 46-23 of the General Laws entitled "Coastal Resources

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

     46-23-18.7. Legislative findings – Public necessity. -- The general assembly finds and

declares:

     (1) That the people of Rhode Island have a right to and a public interest in the fisheries

that has been recognized since the granting of the royal charter in 1663;

     (2) That the persons participating in the fishery have been and are engaged in state and

regional decision making processes affecting fisheries; and

     (3) That allocation of areas in marine waters used by Rhode Island fishers, for renewable

energy projects can impact fisheries and the access to fisheries, and that the condition of many

fisheries and regulatory limits on fishing seriously constrain the ability of people engaged in

fisheries to participate in administrative processes affecting the development and operation of

renewable energy projects in marine waters.

     (b) Purpose. The general assembly finds that it is necessary and desirable to establish a

program enabling the representation of fisheries interests in the development and operation of

renewable energy projects in marine waters. Accordingly it is the purpose of this section to

provide for basic administrative and study expenses for effective fisheries involvement in

fisheries management and the development and operation of renewable energy projects as part of

project expense.

     (c) Fisheries administrative fund. Lease fee to generate funds. There is hereby created a

separate fund to be held by the coastal resources management council to be known as the fisheries

administrative fund. The coastal resources management council is authorized to impose an

annual fee through lease of marine submerged lands of the state for renewable energy projects

with a project cost of five (5) million dollars ($5,000,000) or greater, such that the fee generates

funds sufficient to support and maintain a fisheries administrative fund in an amount not to

exceed annually seventy-five one thousandths percent (0.075%) of project costs approved by the

Rhode Island public utilities commission.

     46-23-18.8. Use of the fisheries administrative fund – Support for non-profit entity. -

- (a) Use of the fund. The coastal resources management council shall use the fisheries

administrative fund exclusively to support the administrative and study expenses of a non-profit

entity representing the interests of Rhode Island commercial and recreational fishing in fisheries

management and in the development and operation of renewable energy facilities in marine

waters used regularly by Rhode Island fishers and fisheries. Any excess fees above the expense

of this office shall be placed in an account for the council to use to provide long-term mitigation

from any long-term impacts from such projects should they occur.

     (b) Designation of the non-profit entity. The designation of the non-profit entity shall be

made by the council, with consultation from the fisherman’s advisory board established pursuant

to the ocean special area management plan.

     (c) Three year plan required. The fund herein provided for shall not be expended unless a

three (3) year general plan by the non-profit entity for its use has been approved by the council.

Not more than two (2) years and three (3) months after the approval of a general plan, the non-

profit entity shall submit to the council for its approval a general plan for the next ensuing three

(3) year period.

     (d) Annual reports. The non-profit entity shall report annually to the council and the

developer/owner on the use of the support from the fisheries administrative fund to accomplish

the purposes of this section in accordance with an approved general plan. The date for the

submission of annual reports shall be set by the council and incorporated into the three year

general plan but shall not be later than one hundred eighty (180) days after the anniversary date of

the approval of the general plan by the council.

     (e) Changing the designation of the non-profit entity. Within a period commencing one

year and three (3) months prior to the conclusion of a three general plan, the council may

designate a different non-profit entity to use the fisheries administrative fee, if the council

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determines, in consultation with the fisherman’s advisory board, that changing the designation

would better serve the purposes of this section. The council may rescind its designation,

following a hearing, at any time for cause, and if a designation is rescinded shall designate, with

consultation from the fisherman’s advisory board, another non-profit entity to accomplish the

purpose of this section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION - THE COASTAL RESOURCES

MANAGEMENT COUNCIL - FISHERIES ADMINISTRATIVE FUND FOR RENEWABLE

ENERGY PROJECTS

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     This act would establish a fisheries administrative fund. The fund would be supported

through an annual fee imposed on the lease of marine submerged lands for renewable energy

projects. The fee would be used to create a nonprofit entity representing the interests of Rhode

Island commercial and recreational fishing in fisheries management and in the development and

operation of renewable energy facilities in marine waters used regularly by Rhode Islanders.

     This act would take effect upon passage.

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