2014 -- S 2792 SUBSTITUTE A AS AMENDED

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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. Section 46-23-1 of the General Laws in Chapter 46-23 entitled "Coastal

Resources Management Council" is hereby amended to read as follows:

     46-23-1. Legislative findings Legislative findings, duties and responsibilities. -- (a)

(1) Under article 1, section 17 of the Rhode Island Constitution, the people shall continue to enjoy

and freely exercise all the rights of fishery, and the privileges of the shore, to which they have

been heretofore entitled under the charter and usages of this state, including, but not limited to,

fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and passage

along the shore; and they shall be secure in their rights to use and enjoyment of the natural

resources of the state with due regard for the preservation of their values; and it is the duty of the

general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and

other natural resources of the state, and to adopt all means necessary and proper by law to protect

the natural environment of the people of the state by providing adequate resource planning for the

control and regulation of the use of the natural resources of the state and for the preservation,

regeneration, and restoration of the natural environment of the state.

      (2) The general assembly recognizes and declares that the coastal resources of Rhode

Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of

immediate and potential value to the present and future development of this state; that unplanned

or poorly planned development of this basic natural environment has already damaged or

destroyed, or has the potential of damaging or destroying, the state's coastal resources, and has

restricted the most efficient and beneficial utilization of these resources; that it shall be the policy

of this state to preserve, protect, develop, and, where possible, restore the coastal resources of the

state for this and succeeding generations through comprehensive and coordinated long range

planning and management designed to produce the maximum benefit for society from these

coastal resources; and that preservation and restoration of ecological systems shall be the primary

guiding principle upon which environmental alteration of coastal resources will be measured,

judged, and regulated.

      (b) (1) That effective implementation of these policies is essential to the social and

economic well-being of the people of Rhode Island because the sea and its adjacent lands are

major sources of food and public recreation, because these resources are used by and for industry,

transportation, waste disposal, and other purposes, and because the demands made on these

resources are increasing in number, magnitude, and complexity; and that these policies are

necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. section

1452 ("The Coastal Zone Management Act"), the general assembly hereby directs the council

(referred to as "CRMC") to exercise effectively its responsibilities in the coastal zone through the

development and implementation of management programs to achieve wise use of the land and

water resources of the coastal zone.

      (2) Furthermore, that implementation of these policies is necessary in order to secure the

rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state

with due regard for the preservation of their values, and in order to allow the general assembly to

fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and

other natural resources of the state, and to adopt all means necessary and proper by law to protect

the natural environment of the people of the state by providing adequate resource planning for the

control and regulation of the use of the natural resources of the state and for the preservation,

regeneration, and restoration of the natural environment of the state.

      (c) That these policies can best be achieved through the creation of a coastal resources

management council as the principal mechanism for management of the state's coastal resources.

      (d) The general assembly recognizes and declares that maintenance dredging is required

to remove natural silt accumulations; Rhode Island has not had a general maintenance dredging

policy and programs for ports, port facilities, channels, harbors, public and private marinas and

boating facilities, recreational facilities and habitat areas; other major coastal states have

maintenance dredging policies and in-water maintenance dredge disposal sites; as a result of the

lack of a general maintenance dredging policy and program and as a result there has been:

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      (1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971

to twenty-four (24) feet in 1996;

      (2) Navigational restrictions on ocean going vessels through the state's waterways and

channels; and

      (3) A decrease in the number of available slips and moorings at marinas throughout the

state; and the lack of a maintenance dredging policy and programs have significant adverse

environmental and economic effects on the state and therefore it is in the best interest of the state,

the cities and towns of the state, and the citizens thereof for the state to have a general

maintenance dredging policy and programs to resolve issues related to dredge maintenance and

disposal and avoid future significant direct and indirect adverse impact on the environment and

economy of the state.

      (e) The coastal resources management council is hereby designated as the lead state

agency for purposes of dredging in tidal waters and as such shall have the following duties and

responsibilities:

      (1) To coordinate the interest of the state with regard to dredging;

      (2) To formulate and adopt a state policy with regard to dredging which integrates those

interests;

      (3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with

the federal government and with other public bodies and private parties with regard to dredging;

      (4) To act as the initial and primary point of contact for all applications to the state for

dredging projects in tidal waters;

      (5) To develop, prepare, adopt pursuant to section 46-23-11, implement, and maintain a

comprehensive plan for dredge material management; and

      (6) To cooperate and coordinate with the departments of environmental management,

transportation, administration, and health, and the economic development corporation in the

conduct of these duties and responsibilities.

      (f) (1) The legislature recognizes that under Article I, section 17, the submerged lands of

the state are impressed with a public trust and that the state is responsible for the protection of the

public's interest in these lands. The state maintains title in fee to all soil within its boundaries that

lies below the high water mark, and it holds that land in trust for the use of the public. In

benefiting the public, the state preserves certain public rights which include, but are not limited

to, fishery, commerce, and navigation in these waters and the submerged lands that they cover.

      (2) Since its establishment in 1971, the CRMC has had the authority to manage and plan

for the preservation of the coastal resources of the state including, but not limited to, submerged

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lands. The legislature hereby declares that, in light of the unique size, scope, and overall potential

impact upon the environment of large scale filling projects involving twenty-five (25) acres or

more, any lease of tidal lands, or any license to use those lands, is subject to approval,

disapproval, or conditional approval by the direct enactment of the general assembly by

legislative action. The CRMC shall review all requests for leases, licenses to use the land, and

other authority to use the land made by any applicant prior to presentation of the request to the

general assembly, and the CRMC shall make recommendations on the request to the general

assembly. With the exception of any and all projects to fill land of twenty-five (25) acres or more,

the general assembly hereby recognizes and declares that the CRMC is delegated the sole and

exclusive authority for the leasing of submerged and filled lands and giving licenses for the use of

that land. Accordingly, the CRMC will develop, coordinate, and adopt a system for the leasing of

submerged and filled lands, and licenses for the use of that land, and will ensure that all leases

and licenses are consistent with the public trust. Pursuant thereto, the CRMC shall impose a

maximum fee of eighty thousand dollars ($80,000) per annum for any transatlantic cable that

makes landfall in Rhode Island. All such fees collected shall be deposited into the Bays, Rivers

and Watersheds Fund, established pursuant to section 46-31-12.1, and shall be disbursed

according to the purposes of that fund. The CRMC shall impose a lease fee of one hundred fifty

thousand dollars ($150,000) for each year of commercial operation for any renewable energy

projects with a project cost exceeding five million dollars ($5,000,000); provided, however, that

in lieu of such leasing fee the developer of a renewable energy project may elect to support the

Rhode Island fishing community as determined by the fisherman's advisory board established

pursuant to the Rhode Island ocean special area management plan. Nothing contained in this

subsection negates, repeals, or alters the provisions, processes, and requirements for the leasing of

submerged land for the conduct of aquaculture as set out under chapter 10 of title 20. Therefore,

nothing in this chapter shall be construed to limit or impair the authority of the state, or any duly

established agency of the state, to regulate filling or dredging affecting tidal lands owned by the

state or any other entity, and nothing in this chapter shall be construed to limit or impair the

obligation of the applicant to obtain all applicable regulatory approvals. Specifically, and without

limiting the foregoing, nothing in this subsection negates, repeals, or alters the provisions,

processes, and requirements for water quality certification contained in chapter 12 of this title.

      (3) Definitions.

      (i) "Filled land" means portions of tidal lands which have been rendered by the acts of

man to be no longer subject to tidal action or beneath tidal waters.

      (ii) "Tidal Lands" means those lands that are below the mean high water.

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      (iii) "Mean high water" means a line of contour representing the 18.6 year average as

determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum,

and methodology of the United States Coastal Geodetic Survey within the National Oceanic and

Atmospheric Administration.

     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 impose a lease fee of $150,000 per year for any renewable energy project

with a cost exceeding five million dollars, but in lieu of that leasing fee the developer may enter

into a private agreement to fund a fisheries liaison position selected by the fisherman's advisory

board.

     This act would take effect upon passage.

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