2014 -- S 2952

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LC005453

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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 STATE AFFAIRS AND GOVERNMENT -- CLIMATE CHANGE

     Introduced By: Senators Conley, Sosnowski, Cool Rumsey, Goldin, and Archambault

     Date Introduced: May 01, 2014

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 6.2

CLIMATE CHANGE COUNCIL

     42-6.2-1. Creation -- Members. -- There is hereby established within the executive

branch of state government a Rhode Island executive climate change council (the "council")

comprised of officials from state agencies with responsibility and oversight relating to assessing,

integrating and coordinating climate change efforts. The council shall include, but not be limited

to, the following members: the director of the department of environmental management; the

executive director of the coastal resources management council; the director of the department of

administration; the director of the department of transportation; the director of the department of

health; the executive director of the emergency management agency; the commissioner of the

office of energy resources; the director of the division of planning; and the executive director of

the Rhode Island commerce corporation.

     42-6.2-2. Purpose of the council. -- (a) The council shall be advisory to the governor and

shall have the following duties:

     (1) Assess, integrate, and coordinate climate change efforts throughout state agencies to

reduce emissions, strengthen the resilience of communities, and prepare for the effects of climate

change, including, but not limited to, coordinating vulnerability assessments throughout state

government;

     (2) No later than December 31, 2016, submit to the governor and general assembly a plan

that includes strategies, programs and measurable goals to meet targets for greenhouse gas

emissions of:

     (i) Ten percent (10%) below 1990 levels by 2020;

     (ii) Forty-five percent (45%) below 1990 levels by 2035;

     (iii) Eighty percent (80%) below 1990 levels by 2050;

     (3) Advance the state's understanding of the effects of climate change including, but not

limited to, sea level rise, coastal and shoreline changes, severe weather events, critical

infrastructure vulnerability, and ecosystem, economic, and health impacts;

     (4) Identify strategies to prepare for these effects and communicate them to Rhode

Islanders;

     (5) Work with municipalities to support the development of sustainable and resilient

communities;

     (6) Identify and leverage federal, state, and private funding opportunities for emission

reduction and climate change preparedness work in Rhode Island;

     (7) Advise the governor, the general assembly, and the public on ways to ensure that

Rhode Island continues to be a national leader in developing and implementing strategies that

effectively address the challenges of climate change;

     (8) Work with other New England states to explore areas of mutual interest to achieve

common goals; and

     (9) Identify and facilitate opportunities to educate the public about climate change and

efforts throughout state agencies and municipalities to address climate change.

     (b) The council is encouraged to utilize the expertise of Rhode Island universities and

colleges in the measurement of compliance, mapping of emissions, and development of

interventions.

     42-6.2-3. Support for the council. -- To support the council's work, state agencies shall:

     (1) Assist the council in implementing the provisions of this chapter;

     (2) Develop short and long-term greenhouse gas emission reduction strategies and track

the progress of these strategies;

     (3) To the maximum extent feasible, purchase alternative fuel, hybrid, and electric

vehicles that produce lower total emissions of greenhouse gases, and develop programs to

encourage state employees to reduce their vehicle miles and use sustainable transportation

alternatives, including public transit systems;

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     (4) Implement programs to achieve energy savings in state and municipal buildings to

reduce greenhouse gases, reduce expenditures on energy, and stimulate economic and job

development;

     (5) Increase the deployment of in-state generation of renewable energy and energy

efficiency;

     (6) Support efforts to expand Rhode Island's green economy and develop green

infrastructure;

     (7) Assess the vulnerability of infrastructure, including, but not limited to, roads, bridges,

dams, and wastewater and drinking water treatment facilities, to impacts of climate change and

recommend strategies to protect these assets;

     (8) Work with relevant academic institutions and federal agencies to assess the threats of

sea level rise, erosion and storm surge, and communicate these assessments and threats, along

with potential tools to address them, to state agencies and affected communities;

     (9) Develop plans, policies, and solutions based on the latest science to ensure the state

continues to have a vibrant coastal economy, including protection of critical infrastructure;

     (10) Develop a climate and health profile report that documents the range of health

impacts associated with climate change and identifies the most vulnerable; and

     (11) Encourages municipalities to incorporate climate change adaptation into local hazard

mitigation plans and, when feasible, into hazard mitigation projects.

     42-6.2-4. Advisory board established -- Members. -- (a) The Rhode Island executive

climate change council advisory board is hereby established. The advisory board shall have

eighteen (18) members. Each council member identified in § 42-6.2-1 shall select two (2)

advisory board members, provided that the advisory board shall consist of the chair of the energy

efficiency resource management council, or his or her designee from among the members of the

energy efficiency resource management council; and, members with experience in the following

areas: environmental science and policy; water management; renewable energy; higher education;

municipal planning; business, and health.

     (b) Advisory board members shall serve two (2) year terms and are eligible to succeed

themselves. If an advisory board member resigns from his or her position or is unable to complete

his or her term, the council member responsible for the selection of that advisory board member

shall select his or her replacement in accordance with the experience requirements stipulated in

this section. The members of the advisory board shall receive no compensation.

     (c) The advisory board shall elect annually one of its members as chairperson, and one of

its members as vice chairperson.

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     (d) The advisory board shall meet at least semi-annually or at the call of the chairperson

of the council. The chairperson of the council, or his or her designee from among the members of

the council, shall be present for all advisory board meetings.

     (e) The advisory board shall advise the council on all matters pertaining to the duties and

powers of the council.

     42-6.2-5. Open government requirements. -- The council and advisory board shall be

subject to the provisions of chapter 46 of title 42, the open meetings act, and chapter 2 of title 38,

the access to public records act. Any rules and regulations or any amendments to rules and

regulations to carry out the requirements of this chapter shall be adopted in accordance with the

provisions of chapter 35 of title 42, the administrative procedures act.

     42-6.2-6. Reporting. -- No later than May 1, 2015, and annually thereafter, the council

shall issue a report of its findings, recommendations, and progress on achieving the purposes of

this chapter.

     SECTION 2. Sections 42-11-2 and 42-11-10 of the General Laws in Chapter 42-11

entitled "Department of Administration" are hereby amended to read as follows:

     42-11-2. Powers and duties of department. -- The department of administration shall

have the following powers and duties:

      (1) To prepare a budget for the several state departments and agencies, subject to the

direction and supervision of the governor;

      (2) To administer the budget for all state departments and agencies, except as

specifically exempted by law;

      (3) To devise, formulate, promulgate, supervise, and control accounting systems,

procedures, and methods for the state departments and agencies, conforming to such accounting

standards and methods as are prescribed by law;

      (4) To purchase or to contract for the supplies, materials, articles, equipment, printing,

and services needed by state departments and agencies, except as specifically exempted by law;

      (5) To prescribe standard specifications for those purchases and contracts and to enforce

compliance with specifications;

      (6) To supervise and control the advertising for bids and awards for state purchases;

      (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus

and salvage, and the transfer to or between state departments and agencies of needed supplies,

equipment, and materials;

      (8) To maintain, equip, and keep in repair the state house, state office building, and other

premises owned or rented by the state for the use of any department or agency, excepting those

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buildings, the control of which is vested by law in some other agency;

      (9) To provide for the periodic inspection, appraisal or inventory of all state buildings

and property, real and personal;

      (10) To require reports from state agencies on the buildings and property in their

custody;

      (11) To issue regulations to govern the protection and custody of the property of the

state;

      (12) To assign office and storage space and to rent and lease land and buildings for the

use of the several state departments and agencies in the manner provided by law;

      (13) To control and supervise the acquisition, operation, maintenance, repair, and

replacement of state-owned motor vehicles by state agencies;

      (14) To maintain and operate central duplicating and mailing service for the several state

departments and agencies;

      (15) To furnish the several departments and agencies of the state with other essential

office services;

      (16) To survey and examine the administration and operation of the state departments

and agencies, submitting to the governor proposals to secure greater administrative efficiency and

economy, to minimize the duplication of activities, and to effect a better organization and

consolidation of functions among state agencies;

      (17) To operate a merit system of personnel administration and personnel management

as defined in section 36-3-3 in connection with the conditions of employment in all state

departments and agencies within the classified service;

      (18) To assign or reassign, with the approval of the governor, any functions, duties, or

powers established by this chapter to any agency within the department;

      (19) To establish, maintain, and operate a data processing center or centers, approve the

acquisition and use of electronic data processing services by state agencies, furnish staff

assistance in methods, systems and programming work to other state agencies, and arrange for

and effect the centralization and consolidation of punch card and electronic data processing

equipment and services in order to obtain maximum utilization and efficiency;

      (20) To devise, formulate, promulgate, supervise, and control a comprehensive and

coordinated statewide information system designed to improve the data base used in the

management of public resources, to consult and advise with other state departments and agencies

and municipalities to assure appropriate and full participation in this system, and to encourage the

participation of the various municipalities of this state in this system by providing technical or

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other appropriate assistance toward establishing, within those municipalities, compatible

information systems in order to obtain the maximum effectiveness in the management of public

resources;

      (i) The comprehensive and coordinated statewide information system may include a

Rhode Island geographic information system of land-related economic, physical, cultural and

natural resources.

      (ii) In order to ensure the continuity of the maintenance and functions of the geographic

information system, the general assembly may annually appropriate such sum as it may deem

necessary to the department of administration for its support.

      (21) To administer a statewide planning program including planning assistance to the

state departments and agencies;

      (22) To administer a statewide program of photography and photographic services;

      (23) To negotiate with public or private educational institutions in the state, in

cooperation with the department of health, for state support of medical education;

      (24) To promote the expansion of markets for recovered material and to maximize their

return to productive economic use through the purchase of materials and supplies with recycled

content by the state of Rhode Island to the fullest extent practically feasible;

      (25) To approve costs as provided in section 23-19-32; and

      (26) To provide all necessary civil service tests for child protective investigators and

social workers at least twice each year and to maintain an adequate hiring list for these positions

at all times.

      (27) To prepare a report every three (3) months by all current property leases or rentals

by any state or quasi-state agency to include the following information:

      (i) Name of lessor;

      (ii) Description of the lease (purpose, physical characteristics, and location);

      (iii) Cost of the lease;

      (iv) Amount paid to date;

      (v) Date initiated;

      (vi) Date covered by the lease.

      (28) To provide by December 31, 1995 the availability of automatic direct deposit to any

recipient of a state benefit payment, provided that the agency responsible for making that

payment generates one thousand (1,000) or more such payments each month.

      (29) To operate the Rhode Island division of sheriffs as provided in section 42-11-21.

      (30) To encourage municipalities, school districts, and quasi-public agencies to achieve

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cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or

by entering into collaborative agreements with other municipalities, districts, or agencies. To

assist in determining whether the benefit levels including employee cost sharing and unit costs of

such benefits and costs are excessive relative to other municipalities, districts, or quasi-public

agencies as compared with state benefit levels and costs.

     (31) The department shall consider, when feasible and appropriate, the impacts of climate

change in the undertaking of all powers and duties set forth in this chapter.

     42-11-10. Statewide planning program. -- (a) Findings. - The general assembly finds

that the people of this state have a fundamental interest in the orderly development of the state;

the state has a positive interest and demonstrated need for establishment of a comprehensive

strategic state planning process and the preparation, maintenance, and implementation of plans

for the physical, economic, and social development of the state; the continued growth and

development of the state presents problems that cannot be met by the cities and towns

individually and that require effective planning by the state; and state and local plans and

programs must be properly coordinated with the planning requirements and programs of the

federal government.

      (b) Establishment of statewide planning program.

      (1) A statewide planning program is hereby established to prepare, adopt, and amend

strategic plans for the physical, economic, and social development of the state and to recommend

these to the governor, the general assembly, and all others concerned.

      (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

departments and agencies of the executive branch unless specifically exempted, shall be

conducted by or under the supervision of the statewide planning program. The statewide planning

program shall consist of a state planning council, and the division of planning, which shall be a

division within the department of administration.

      (c) Strategic planning. - Strategic planning includes the following activities:

      (1) Establishing or identifying general goals.

      (2) Refining or detailing these goals and identifying relationships between them.

      (3) Formulating, testing, and selecting policies and standards that will achieve desired

objectives.

      (4) Preparing long-range or system plans or comprehensive programs that carry out the

policies and set time schedules, performance measures, and targets.

      (5) Preparing functional short-range plans or programs that are consistent with

established or desired goals, objectives, and policies, and with long-range or system plans or

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comprehensive programs where applicable, and that establish measurable intermediate steps

toward their accomplishment of the goals, objectives, policies, and/or long-range system plans.

      (6) Monitoring the planning of specific projects and designing of specific programs of

short duration by the operating departments, other agencies of the executive branch, and political

subdivisions of the state to insure that these are consistent with and carry out the intent of

applicable strategic plans.

      (7) Reviewing the execution of strategic plans and the results obtained and making

revisions necessary to achieve established goals.

      (d) State guide plan. - Components of strategic plans prepared and adopted in accordance

with this section may be designated as elements of the state guide plan. The state guide plan shall

be comprised of functional elements or plans dealing with land use; physical development and

environmental concerns; economic development; housing production; energy supply, including

the development of renewable energy resources in Rhode Island, and energy access, use, and

conservation; human services; and other factors necessary to accomplish the objective of this

section. The state guide plan shall be a means for centralizing, integrating, and monitoring long-

range goals, policies, plans, and implementation activities related thereto. State agencies

concerned with specific subject areas, local governments, and the public shall participate in the

state guide planning process, which shall be closely coordinated with the budgeting process.

      (e) Membership of state planning council. - The state planning council shall consist of

the following members:

      (1) The director of the department of administration as chairperson;

      (2) The director, policy office, in the office of the governor, as vice-chairperson;

      (3) The governor, or his or her designee;

      (4) The budget officer;

      (5) The chairperson of the housing resources commission;

      (6) The highest-ranking administrative officer of the division of planning, as secretary;

      (7) The president of the League of Cities and Towns or his or her designee and one

official of local government, who shall be appointed by the governor from a list of not less than

three (3) submitted by the Rhode Island League Cities and Towns;

      (8) The executive director of the League of Cities and Towns;

      (9) One representative of a nonprofit community development or housing organization

appointed by the governor;

      (10) Six (6) public members, appointed by the governor, one of whom shall be an

employer with fewer than fifty (50) employees, and one of whom shall be an employer with

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greater than fifty (50) employees;

      (11) Two (2) representatives of a private, nonprofit environmental advocacy

organization, both to be appointed by the governor;

      (12) The director of planning and development for the city of Providence;

      (13) The director of the department of transportation;

      (14) The director of the department of environmental management;

      (15) The director of the department of health;

      (16) The executive director of the economic development corporation;

      (17) The commissioner of the Rhode Island office of energy resources;

      (18) The chief executive officer of the Rhode Island public transit authority; and

      (19) The executive director of Rhode Island housing.

      (f) Powers and duties of state planning council. - The state planning council shall have

the following powers and duties:

      (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

and to modify and amend any of these, following the procedures for notification and public

hearing set forth in section 42-35-3, and to recommend and encourage implementation of these

goals to the general assembly, state and federal agencies, and other public and private bodies;

approval of strategic plans by the governor; and to ensure that strategic plans and the long-range

state guide plan are consistent with the findings, intent, and goals set forth in section 45-22.2-3,

the "Rhode Island Comprehensive Planning and Land Use Regulation Act";

      (2) To coordinate the planning and development activities of all state agencies, in

accordance with strategic plans prepared and adopted as provided for by this section;

      (3) To review and comment on the proposed annual work program of the statewide

planning program;

      (4) To adopt rules and standards and issue orders concerning any matters within its

jurisdiction as established by this section and amendments to it;

      (5) To establish advisory committees and appoint members thereto representing diverse

interests and viewpoints as required in the state planning process and in the preparation or

implementation of strategic plans. The state planning council shall appoint a permanent

committee comprised of:

      (i) Public members from different geographic areas of the state representing diverse

interests, and ;

     (ii) Members with expertise in planning for and/or addressing the impacts of climate

change; and

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      (ii)(iii) Officials of state, local and federal government, which shall review all proposed

elements of the state guide plan, or amendment or repeal of any element of the plan, and shall

advise the state planning council thereon before the council acts on any such proposal. This

committee shall also advise the state planning council on any other matter referred to it by the

council; and .

      (6) To establish and appoint members to an executive committee consisting of major

participants of a Rhode Island geographic information system with oversight responsibility for its

activities.

      (7) To adopt, amend and maintain as an element of the state guide plan or as an

amendment to an existing element of the state guide plan, standards and guidelines for the

location of eligible renewable energy resources and renewable energy facilities in Rhode Island

with due consideration for the location of such resources and facilities in commercial and

industrial areas, agricultural areas, areas occupied by public and private institutions, and property

of the state and its agencies and corporations, provided such areas are of sufficient size, and in

other areas of the state as appropriate.

      (8) To act as the single statewide metropolitan planning organization for transportation

planning, and to promulgate all rules and regulations that are necessary thereto.

      (g) Division of planning.

      (1) The division of planning shall be the principal staff agency of the state planning

council for preparing and/or coordinating strategic plans for the comprehensive management of

the state's human, economic, and physical resources. The division of planning shall recommend

to the state planning council specific guidelines, standards, and programs to be adopted to

implement strategic planning and the state guide plan and shall undertake any other duties

established by this section and amendments thereto. When feasible and appropriate, the division

shall consider the impacts of climate change in the undertaking of all powers and duties set forth

in this chapter.

      (2) The division of planning shall maintain records (which shall consist of files of

complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

adopted or issued by the state planning council under this section. The records shall be open to

the public.

      (3) The division of planning shall manage and administer the Rhode Island geographic

information system of land-related resources, and shall coordinate these efforts with other state

departments and agencies, including the University of Rhode Island, which shall provide

technical support and assistance in the development and maintenance of the system and its

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associated data base.

      (4) The division of planning shall coordinate and oversee the provision of technical

assistance to political subdivisions of the state in preparing and implementing plans to accomplish

the purposes, goals, objectives, policies, and/or standards of applicable elements of the state guide

plan and shall make available to cities and towns data and guidelines that may be used in

preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

elements thereby.

      (h) [Deleted by P.L. 2011, ch. 215, section 4, and by P.L. 2011, ch. 313, section 4].

      (i) The division of planning shall be the principal staff agency of the water resources

board established pursuant to chapter 46-15 ("Water Resources Board") and the water resources

board corporate established pursuant to chapter 46-15.1 ("Water Supply Facilities").

     SECTION 3. Section 42-13-1 of the General Laws in Chapter 42-13 entitled "Department

of Transportation" is hereby amended to read as follows:

     42-13-1. Establishment -- Head of departments -- Powers. -- (a) There shall be a

department of transportation. The head of the department shall be the director of transportation,

appointed by the governor with the advice and consent of the senate, who shall carry out the

provisions of this chapter and, except as otherwise provided by this title, the provisions of

chapters 2 and 4 of title 1; chapters 8 and 10 of title 24; chapter 13 of title 31; chapter 12 of title

37; and of all other general laws heretofore carried out by the director of public works and the

department of public works, the Rhode Island turnpike and bridge authority, and the council on

highway safety. The director shall also be responsible for preparation of short-range plans, project

plans, and implementation programs for transportation; for port and waterways facilities where

the principal purpose is transportation and management of port properties, warehouses, and state

piers which function primarily as transportation facilities; and for maintaining an adequate level

of rail passenger and freight services, including the administration of any financial or technical

assistance which may be made available to operators of railroad transportation facilities;

provided, however, that all contracts for the construction, reconstruction, maintenance, and

repairs of all public roads and bridges, public buildings and all other properties of the state

government, and the purchase of all equipment, materials, and supplies used in accordance

therewith shall be negotiated by the purchasing agent in the department of administration. The

department shall consider, when feasible and appropriate, the impacts of climate change in the

undertaking of all powers and duties set forth in this chapter.

      (b) The director shall adopt and promulgate state regulations which will set standards for

future state, city and town construction and maintenance of sidewalks and curbs, in a manner

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which will make the use of the sidewalks more easily accessible to people who are disabled. Said

standards shall require the installation of curb cuts and/or ramps at both ends of any pedestrian

crosswalk.

      The director shall adopt and promulgate a procedure to process all claims pursuant to

section 24-8-35, for damages to motor vehicles caused by potholes on state highways and in all

instances have the final determination as to the merits of each claim.

      (c) The director shall promulgate and adopt regulations which will prohibit any

contractors who have been convicted of fraud, bid-rigging, or a violation of any state or federal

antitrust law from bidding on any construction projects administered by the department for a

period of five (5) years from the date of any of the above convictions.

     SECTION 4. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled

"Department of Environmental Management" is hereby amended to read as follows:

     42-17.1-2. Powers and duties. -- The director of environmental management shall have

the following powers and duties:

      (1) To supervise and control the protection, development, planning, and utilization of the

natural resources of the state, such resources, including but not limited to, water, plants, trees,

soil, clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish,

shellfish, and other forms of aquatic, insect, and animal life;

      (2) To exercise all functions, powers, and duties heretofore vested in the department of

agriculture and conservation, and in each of the divisions of the department, such as the

promotion of agriculture and animal husbandry in their several branches, including the inspection

and suppression of contagious diseases among animals, the regulation of the marketing of farm

products, the inspection of orchards and nurseries, the protection of trees and shrubs from

injurious insects and diseases, protection from forest fires, the inspection of apiaries and the

suppression of contagious diseases among bees, prevention of the sale of adulterated or

misbranded agricultural seeds, promotion and encouragement of the work of farm bureaus in

cooperation with the University of Rhode Island, farmers' institutes and the various organizations

established for the purpose of developing an interest in agriculture, together with such other

agencies and activities as the governor and the general assembly may from time to time place

under the control of the department, and as heretofore vested by such of the following chapters

and sections of the general laws as are presently applicable to the department of environmental

management and which were previously applicable to the department of natural resources and the

department of agriculture and conservation or to any of its divisions: chapters 1 through 22,

inclusive, as amended, in title 2 entitled "Agriculture and Forestry;" chapters 1 through 17,

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inclusive, as amended, in title 4 entitled "Animals and Animal Husbandry;" chapters 1 through

19, inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1 through 32,

inclusive, as amended, in title 21 entitled "Food and Drugs;" chapter 7 of title 23 as amended,

entitled "Mosquito Abatement;" and by any other general or public law relating to the department

of agriculture and conservation or to any of its divisions or bureaus;

      (3) To exercise all the functions, powers, and duties heretofore vested in the division of

parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled

"Parks and Recreational Areas;" by chapter 22.5 of title 23, as amended, entitled "Drowning

Prevention and Lifesaving;" and by any other general or public law relating to the division of

parks and recreation;

      (4) To exercise all the functions, powers, and duties heretofore vested in the division of

harbors and rivers of the department of public works, or in the department itself by such as were

previously applicable to the division or the department, of chapters 1 through 22 and sections

thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or

public law relating to the division of harbors and rivers;

      (5) To exercise all the functions, powers and duties heretofore vested in the department

of health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety;" and

by chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4,

5, 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry;"

and those functions, powers, and duties specifically vested in the director of environmental

management by the provisions of section 21-2-22, as amended, entitled "Inspection of Animals

and Milk;" together with other powers and duties of the director of the department of health as are

incidental to or necessary for the performance of the functions transferred by this section;

      (6) To cooperate with the Rhode Island economic development corporation in its

planning and promotional functions, particularly in regard to those resources relating to

agriculture, fisheries, and recreation;

      (7) To cooperate with, advise, and guide conservation commissions of cities and towns

created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter

203 of the Public Laws, 1960;

      (8) To assign or reassign, with the approval of the governor, any functions, duties, or

powers established by this chapter to any agency within the department, except as hereinafter

limited;

      (9) To cooperate with the water resources board and to provide to the board facilities,

administrative support, staff services, and such other services as the board shall reasonably

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require for its operation and, in cooperation with the board and the statewide planning program to

formulate and maintain a long range guide plan and implementing program for development of

major water sources transmissions systems needed to furnish water to regional and local

distribution systems;

      (10) To cooperate with the solid waste management corporation and to provide to the

corporation such facilities, administrative support, staff services and such other services within

the department as the corporation shall reasonably require for its operation;

      (11) To provide for the maintenance of waterways and boating facilities, consistent with

chapter 6.1 of title 46, by: (i) establishing minimum standards for upland beneficial use and

disposal of dredged material; (ii) promulgating and enforcing rules for water quality, ground

water protection, and fish and wildlife protection pursuant to section 42-17.1-24; (iii) planning for

the upland beneficial use and/or disposal of dredged material in areas not under the jurisdiction of

the council pursuant to section 46-23-6(2); and (iv) cooperating with the coastal resources

management council in the development and implementation of comprehensive programs for

dredging as provided for in sections 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) monitoring dredge

material management and disposal sites in accordance with the protocols established pursuant to

section 46-6.1-5(3) and the comprehensive program provided for in section 46-23-6(1)(ii)(H); no

powers or duties granted herein shall be construed to abrogate the powers or duties granted to the

coastal resources management council under chapter 23 of title 46, as amended;

      (12) To establish minimum standards, subject to the approval of the environmental

standards board, relating to the location, design, construction and maintenance of all sewage

disposal systems;

      (13) To enforce, by such means as provided by law, the standards for the quality of air,

and water, and the design, construction and operation of all sewage disposal systems; any order or

notice issued by the director relating to the location, design, construction or maintenance of a

sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director

shall forward the order or notice to the city or town wherein the subject property is located and

the order or notice shall be recorded in the general index by the appropriate municipal official in

the land evidence records in the city or town wherein the subject property is located. Any

subsequent transferee of that property shall be responsible for complying with the requirements of

the order or notice. Upon satisfactory completion of the requirements of the order or notice, the

director shall provide written notice of the same, which notice shall be similarly eligible for

recordation. The original written notice shall be forwarded to the city or town wherein the subject

property is located and the notice of satisfactory completion shall be recorded in the general index

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by the appropriate municipal official in the land evidence records in the city or town wherein the

subject property is located. A copy of the written notice shall be forwarded to the owner of the

subject property within five (5) days of a request for it, and, in any event, shall be forwarded to

the owner of the subject property within thirty (30) days after correction;

      (14) To establish minimum standards for the establishment and maintenance of salutary

environmental conditions, including standards and methods for the assessment and the

consideration of the cumulative effects on the environment of regulatory actions and decisions,

which standards for consideration of cumulative effects shall provide for: (i) evaluation of

potential cumulative effects that could adversely effect public health and/or impair ecological

functioning; (ii) analysis of such other matters relative to cumulative effects as the department

may deem appropriate in fulfilling its duties, functions and powers; which standards and methods

shall only be applicable to ISDS systems in the town of Jamestown in areas that are dependent for

water supply on private and public wells, unless broader use is approved by the general assembly.

The department shall report to the general assembly not later than March 15, 2008 with regard to

the development and application of such standards and methods in Jamestown.

      (15) To establish and enforce minimum standards for permissible types of septage,

industrial waste disposal sites and waste oil disposal sites;

      (16) To establish minimum standards subject to the approval of the environmental

standards board for permissible types of refuse disposal facilities, the design, construction,

operation, and maintenance of disposal facilities; and the location of various types of facilities;

      (17) To exercise all functions, powers, and duties necessary for the administration of

chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act";

      (18) To designate in writing any person in any department of the state government or any

official of a district, county, city, town, or other governmental unit, with that official's consent, to

enforce any rule, regulation, or order promulgated and adopted by the director under any

provision of law; provided, however, that enforcement of powers of the coastal resources

management council shall be assigned only to employees of the department of environmental

management, except by mutual agreement or as otherwise provided in chapter 23 of title 46;

      (19) To issue and enforce such rules, regulations, and orders as may be necessary to

carry out the duties assigned to the director and the department by any provision of law; and to

conduct such investigations and hearings and to issue, suspend, and revoke such licenses as may

be necessary to enforce those rules, regulations, and orders.

      Notwithstanding the provisions of section 42-35-9 to the contrary, no informal

disposition of a contested licensing matter shall occur where resolution substantially deviates

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from the original application unless all interested parties shall be notified of said proposed

resolution and provided with opportunity to comment upon said resolution pursuant to applicable

law and any rules and regulations established by the director.

      (20) To enter, examine or survey at any reasonable time such places as the director

deems necessary to carry out his or her responsibilities under any provision of law subject to the

following provisions:

      (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a

search warrant from an official of a court authorized to issue warrants, unless a search without a

warrant is otherwise allowed or provided by law;

      (ii) (A) All administrative inspections shall be conducted pursuant to administrative

guidelines promulgated by the department in accordance with chapter 35 of title 42.

      (B) A warrant shall not be required for administrative inspections if conducted under the

following circumstances, in accordance with the applicable constitutional standards:

      (I) For closely regulated industries;

      (II) In situations involving open fields or conditions that are in plain view;

      (III) In emergency situations;

      (IV) In situations presenting an imminent threat to the environment or public health,

safety or welfare;

      (V) If the owner, operator, or agent in charge of the facility, property, site or location

consents; or

      (VI) In other situations in which a warrant is not constitutionally required.

      (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the

director in his or her discretion deems it advisable, an administrative search warrant, or its

functional equivalent, may be obtained by the director from a neutral magistrate for the purpose

of conducting an administrative inspection. The warrant shall be issued in accordance with the

applicable constitutional standards for the issuance of administrative search warrants. The

administrative standard of probable cause, not the criminal standard of probable cause, shall

apply to applications for administrative search warrants.

      (I) The need for, or reliance upon, an administrative warrant shall not be construed as

requiring the department to forfeit the element of surprise in its inspection efforts.

      (II) An administrative warrant issued pursuant to this subsection must be executed and

returned within ten (10) days of its issuance date unless, upon a showing of need for additional

time, the court orders otherwise.

      (III) An administrative warrant may authorize the review and copying of documents that

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are relevant to the purpose of the inspection. If documents must be seized for the purpose of

copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare

an inventory of the documents taken. The time, place and manner regarding the making of the

inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of

the inventory shall be delivered to the person from whose possession or facility the documents

were taken. The seized documents shall be copied as soon as feasible under circumstances

preserving their authenticity, then returned to the person from whose possession or facility the

documents were taken.

      (IV) An administrative warrant may authorize the taking of samples of air, water or soil

or of materials generated, stored or treated at the facility, property, site or location. Upon request,

the department shall make split samples available to the person whose facility, property, site or

location is being inspected.

      (V) Service of an administrative warrant may be required only to the extent provided for

in the terms of the warrant itself, by the issuing court.

      (D) Penalties. - Any willful and unjustified refusal of right of entry and inspection to

department personnel pursuant to an administrative warrant shall constitute a contempt of court

and shall subject the refusing party to sanctions, which in the court's discretion may result in up to

six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per

refusal.

      (21) To give notice of an alleged violation of law to the person responsible therefor

whenever the director determines that there are reasonable grounds to believe that there is a

violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted

pursuant to authority granted to him or her, unless other notice and hearing procedure is

specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney

general to prosecute offenders as required by law.

      (i) The notice shall provide for a time within which the alleged violation shall be

remedied, and shall inform the person to whom it is directed that a written request for a hearing

on the alleged violation may be filed with the director within ten (10) days after service of the

notice. The notice will be deemed properly served upon a person if a copy thereof is served him

or her personally, or sent by registered or certified mail to his or her last known address, or if he

or she is served with notice by any other method of service now or hereafter authorized in a civil

action under the laws of this state. If no written request for a hearing is made to the director

within ten (10) days of the service of notice, the notice shall automatically become a compliance

order.

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      (ii) (A) Whenever the director determines that there exists a violation of any law, rule, or

regulation within his or her jurisdiction which requires immediate action to protect the

environment, he or she may, without prior notice of violation or hearing, issue an immediate

compliance order stating the existence of the violation and the action he or she deems necessary.

The compliance order shall become effective immediately upon service or within such time as is

specified by the director in such order. No request for a hearing on an immediate compliance

order may be made.

      (B) Any immediate compliance order issued under this section without notice and prior

hearing shall be effective for no longer than forty-five (45) days; provided, however, that for

good cause shown the order may be extended one additional period not exceeding forty-five (45)

days.

      (iii) The director may, at his or her discretion and for the purposes of timely and

effective resolution and return to compliance, cite a person for alleged noncompliance through the

issuance of an expedited citation in accordance with subsection 42-17.6-3(c).

      (iv) If a person upon whom a notice of violation has been served under the provisions of

this section or if a person aggrieved by any such notice of violation requests a hearing before the

director within ten (10) days of the service of notice of violation, the director shall set a time and

place for the hearing, and shall give the person requesting that hearing at least five (5) days

written notice thereof. After the hearing, the director may make findings of fact and shall sustain,

modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that

decision shall be deemed a compliance order and shall be served upon the person responsible in

any manner provided for the service of the notice in this section.

      (v) The compliance order shall state a time within which the violation shall be remedied,

and the original time specified in the notice of violation shall be extended to the time set in the

order.

      (vi) Whenever a compliance order has become effective, whether automatically where

no hearing has been requested, where an immediate compliance order has been issued, or upon

decision following a hearing, the director may institute injunction proceedings in the superior

court of the state for enforcement of the compliance order and for appropriate temporary relief,

and in that proceeding the correctness of a compliance order shall be presumed and the person

attacking the order shall bear the burden of proving error in the compliance order, except that the

director shall bear the burden of proving in the proceeding the correctness of an immediate

compliance order. The remedy provided for in this section shall be cumulative and not exclusive

and shall be in addition to remedies relating to the removal or abatement of nuisances or any

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other remedies provided by law.

      (vii) Any party aggrieved by a final judgment of the superior court may, within thirty

(30) days from the date of entry of such judgment, petition the supreme court for a writ of

certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the

filing of the petition with the clerk of the supreme court, the supreme court may, if it sees fit,

issue its writ of certiorari;

      (22) To impose administrative penalties in accordance with the provisions of chapter

17.6 of this title and to direct that such penalties be paid into the account established by

subdivision (26); and

      (23) The following definitions shall apply in the interpretation of the provisions of this

chapter:

      (i) Director: - The term "director" shall mean the director of environmental management

of the state of Rhode Island or his or her duly authorized agent.

      (ii) Person: - The term "person" shall include any individual, group of individuals, firm,

corporation, association, partnership or private or public entity, including a district, county, city,

town, or other governmental unit or agent thereof, and in the case of a corporation, any individual

having active and general supervision of the properties of such corporation.

      (iii) Service: - (A) Service upon a corporation under this section shall be deemed to

include service upon both the corporation and upon the person having active and general

supervision of the properties of such corporation.

      (B) For purposes of calculating the time within which a claim for a hearing is made

pursuant to subdivision (21)(i) of this section heretofore, service shall be deemed to be the date of

receipt of such notice or three (3) days from the date of mailing of said notice, whichever shall

first occur.

      (24) (i) To conduct surveys of the present private and public camping and other

recreational areas available and to determine the need for and location of such other camping and

recreational areas as may be deemed necessary and in the public interest of the state of Rhode

Island and to report back its findings on an annual basis to the general assembly on or before

March 1 of every year;

      (ii) Additionally, the director of the department of environmental management shall take

such additional steps, including but not limited to, matters related to funding as may be necessary

to establish such other additional recreational facilities and areas as are deemed to be in the public

interest.

      (25) (i) To apply for and accept grants and bequests of funds with the approval of the

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director of administration from other states, interstate agencies and independent authorities, and

private firms, individuals and foundations, for the purpose of carrying out his or her lawful

responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt

account created in the Natural Resources Program for funds made available for that program's

purposes or in a restricted receipt account created in the Environmental Protection Program for

funds made available for that program's purposes. All expenditures from the accounts shall be

subject to appropriation by the general assembly, and shall be expended in accordance with the

provisions of the grant or bequest. In the event that a donation or bequest is unspecified or in the

event that the trust account balance shows a surplus after the project as provided for in the grant

or bequest has been completed, the director may utilize said appropriated unspecified or

appropriated surplus funds for enhanced management of the department's forest and outdoor

public recreation areas, or other projects or programs that promote the accessibility of recreational

opportunities for Rhode Island residents and visitors.

      (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by

October 1 of each year, a detailed report on the amount of funds received and the uses made of

such funds.

      (26) To establish fee schedules by regulation with the approval of the governor for the

processing of applications and the performing of related activities in connection with the

department's responsibilities pursuant to subdivision (12) of this section, chapter 19.1 of title 23

as it relates to inspections performed by the department to determine compliance with chapter

19.1 and rules and regulations promulgated in accordance therewith, chapter 18.9 of title 23 as it

relates to inspections performed by the department to determine compliance with chapter 18.9

and the rules and regulations promulgated in accordance therewith, chapters 19.5 and 23 of title

23; chapter 12 of title 46 insofar as it relates to water quality certifications and related reviews

performed pursuant to provisions of the federal Clean Water Act, the regulation and

administration of underground storage tanks and all other programs administered under chapter

12 of title 46 and section 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46

insofar as they relate to any reviews and related activities performed under the provisions of the

Groundwater Protection Act, chapter 23-24.9 as it relates to the regulation and administration of

mercury-added products, and chapter 17.7 of this title insofar as it relates to administrative

appeals of all enforcement, permitting and licensing matters to the administrative adjudication

division for environmental matters. Two (2) fee ranges shall be required: for "Appeal of

enforcement actions", a range of fifty dollars ($50) to one hundred dollars ($100), and for

"Appeal of application decisions", a range of five hundred dollars ($500) to ten thousand dollars

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($10,000). The monies from the administrative adjudication fees will be deposited as general

revenues and the amounts appropriated shall be used for the costs associated with operating the

administrative adjudication division.

      There is hereby established an account within the general fund to be called the water and

air protection program. The account shall consist of sums appropriated for water and air pollution

control and waste monitoring programs and the state controller is hereby authorized and directed

to draw his or her orders upon the general treasurer for the payment of such sums or such portions

thereof as may be required from time to time upon receipt by him or her of properly authenticated

vouchers. All amounts collected under the authority of this subdivision for the sewage disposal

system program and fresh waters wetlands program will be deposited as general revenues and the

amounts appropriated shall be used for the purposes of administering and operating the programs.

The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of

each year a detailed report on the amount of funds obtained from fines and fees and the uses made

of such funds.

      (27) To establish and maintain a list or inventory of areas within the state worthy of

special designation as "scenic" to include, but not be limited to, certain state roads or highways,

scenic vistas and scenic areas, and to make the list available to the public.

      (28) To establish and maintain an inventory of all interests in land held by public and

private land trust and to exercise all powers vested herein to insure the preservation of all

identified lands.

      (i) The director may promulgate and enforce rules and regulations to provide for the

orderly and consistent protection, management, continuity of ownership and purpose, and

centralized records-keeping for lands, water, and open spaces owned in fee or controlled in full or

in part through other interests, rights, or devices such as conservation easements or restrictions,

by private and public land trusts in Rhode Island. The director may charge a reasonable fee for

filing of each document submitted by a land trust.

      (ii) The term "public land trust" means any public instrumentality created by a Rhode

Island municipality for the purposes stated herein and financed by means of public funds

collected and appropriated by the municipality. The term "private land trust" means any group of

five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode

Island as a nonbusiness corporation for the purposes stated herein, or a national organization such

as the nature conservancy. The main purpose of either a public or a private land trust shall be the

protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other

natural features, areas, or open space for the purpose of managing or maintaining, or causing to

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be managed or maintained by others, the land, water, and other natural amenities in any

undeveloped and relatively natural state in perpetuity. A private land trust must be granted

exemption from federal income tax under Internal Revenue Code 501c(3) [26 U.S.C. section

501(c)(3)]within two (2) years of its incorporation in Rhode Island or it may not continue to

function as a land trust in Rhode Island. A private land trust may not be incorporated for the

exclusive purpose of acquiring or accepting property or rights in property from a single

individual, family, corporation, business, partnership, or other entity. Membership in any private

land trust must be open to any individual subscribing to the purposes of the land trust and

agreeing to abide by its rules and regulations including payment of reasonable dues.

      (iii) (A) Private land trusts will, in their articles of association or their bylaws, as

appropriate, provide for the transfer to an organization created for the same or similar purposes

the assets, lands and land rights and interests held by the land trust in the event of termination or

dissolution of the land trust.

      (B) All land trusts, public and private, will record in the public records of the appropriate

towns and cities in Rhode Island all deeds, conservation easements or restrictions or other

interests and rights acquired in land and will also file copies of all such documents and current

copies of their articles of association, their bylaws, and annual reports with the secretary of state,

and with the director of the Rhode Island department of environmental management. The director

is hereby directed to establish and maintain permanently a system for keeping records of all

private and public land trust land holdings in Rhode Island.

      (29) The director will contact in writing, not less often than once every two (2) years,

each public or private land trust to ascertain: that all lands held by the land trust are recorded with

the director; the current status and condition of each land holding; that any funds or other assets

of the land trust held as endowment for specific lands have been properly audited at least once

within the two (2) year period; the name of the successor organization named in the public or

private land trust's bylaws or articles of association; and any other information the director deems

essential to the proper and continuous protection and management of land and interests or rights

in land held by the land trust. In the event that the director determines that a public or private land

trust holding land or interest in land appears to have become inactive, he or she shall initiate

proceedings to effect the termination of the land trust and the transfer of its lands, assets, land

rights, and land interests to the successor organization named in the defaulting trust's bylaws or

articles of association or to another organization created for the same or similar purposes. Should

such a transfer not be possible, then the land trust, assets, and interest and rights in land will be

held in trust by the state of Rhode Island and managed by the director for the purposes stated at

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the time of original acquisition by the trust. Any trust assets or interests other than land or rights

in land accruing to the state under such circumstances will be held and managed as a separate

fund for the benefit of the designated trust lands.

      (30) Consistent with federal standards, issue and enforce such rules, regulations and

orders as may be necessary to establish requirements for maintaining evidence of financial

responsibility for taking corrective action and compensating third parties for bodily injury and

property damage caused by sudden and non-sudden accidental releases arising from operating

underground storage tanks.

      (31) To enforce, by such means as provided by law, the standards for the quality of air,

and water, and the location, design, construction and operation of all underground storage

facilities used for storing petroleum products or hazardous materials; any order or notice issued

by the director relating to the location, design construction, operation or maintenance of an

underground storage facility used for storing petroleum products or hazardous materials shall be

eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice

to the city or town wherein the subject facility is located, and the order or notice shall be recorded

in the general index by the appropriate municipal officer in the land evidence records in the city

or town wherein the subject facility is located. Any subsequent transferee of that facility shall be

responsible for complying with the requirements of the order or notice. Upon satisfactory

completion of the requirements of the order or notice, the director shall provide written notice of

the same, which notice shall be eligible for recordation. The original written notice shall be

forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory

completion shall be recorded in the general index by the appropriate municipal official in the land

evidence records in the city or town wherein the subject facility is located. A copy of the written

notice shall be forwarded to the owner of the subject facility within five (5) days of a request for

it, and, in any event, shall be forwarded to the owner of the subject facility within thirty (30) days

after correction.

      (32) To manage and disburse any and all funds collected pursuant to section 46-12.9-4,

in accordance with section 46-12.9-5, and other provisions of the Rhode Island Underground

Storage Tank Financial Responsibility Act, as amended.

      (33) To support, facilitate and assist the Rhode Island Natural History Survey, as

appropriate and/or as necessary, in order to accomplish the important public purposes of the

survey in gathering and maintaining data on Rhode Island natural history, making public

presentations and reports on natural history topics, ranking species and natural communities,

monitoring rare species and communities, consulting on open space acquisitions and management

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plans, reviewing proposed federal and state actions and regulations with regard to their potential

impact on natural communities, and seeking outside funding for wildlife management, land

management and research.

      (34) To promote the effective stewardship of lakes and ponds including collaboration

with associations of lakefront property owners on planning and management actions that will

prevent and mitigate water quality degradation, the loss of native habitat due to infestation of

non-native species and nuisance conditions that result from excessive growth of algal or non-

native plant species. By January 31, 2012, the director shall prepare and submit a report to the

governor and general assembly that based upon available information provides: (a) an assessment

of lake conditions including a description of the presence and extent of aquatic invasive species in

lakes and ponds; (b) recommendations for improving the control and management of aquatic

invasives species in lakes and ponds; and (c) an assessment of the feasibility of instituting a boat

sticker program for the purpose of generating funds to support implementation actions to control

aquatic invasive species in the freshwaters of the state.

     (35) The director shall consider, when feasible and appropriate, the impacts of climate

change in the undertaking of all powers and duties set forth in this chapter.

     SECTION 5. Section 42-64-7 of the General Laws in Chapter 42-64 entitled "Rhode

Island Commerce Corporation" is hereby amended to read as follows:

     42-64-7. Additional general powers. [Effective January 1, 2014.] -- In addition to the

powers enumerated in section 42-64-6, except to the extent inconsistent with any specific

provision of this chapter, the Rhode Island commerce corporation shall have power:

      (1) To undertake the planning, development, construction, financing, management,

operation of any project, and all activities in relation thereto.

      (2) (i) To sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber

any port project, (or in the case of a sale, to accept a purchase money mortgage in connection

with any port project) or to grant options for any purposes with respect to any real or personal

property or interest in real or personal property, all of the foregoing for consideration as the

corporation shall determine. Any lease by the corporation to another party may be for any part of

the corporation's property, real or personal, for any period, upon any terms or conditions, with or

without an option on the part of the lessee to purchase any or all of the leased property for any

consideration, at or after the retirement of all indebtedness incurred by the corporation on account

thereof, as the corporation shall determine.

      (ii) Without limiting the generality of the foregoing, the corporation is expressly

empowered to lease or sell any part of the real or personal property owned or controlled by the

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corporation to the state, or any department of the state or to any municipality. The provisions of

this section or of any other laws of this state (other than this chapter) restricting the power of the

state, its departments or any municipality, to lease or sell property, or requiring or prescribing

publication of notice of intention to lease or sell, advertising for bids, the terms of contracts of

lease or sale, that would in any manner interfere with the purpose of this section, which is to

provide for the mutual cooperation by and between the corporation and the state, its departments

or any municipality, to the fullest extent possible, are not applicable to leases and sales made

pursuant to this section.

      (3) To prepare or cause to be prepared plans, specifications, designs, and estimates of

costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any

project, and from time to time to modify those plans, specifications, designs, or estimates.

      (4) To manage any project, whether then owned or leased by the corporation, and to

enter into agreements with the state or any municipality or any agency or their instrumentalities,

or with any person, firm, partnership, or corporation, either public or private, for the purpose of

causing any project to be managed.

      (5) To provide advisory, consultative, training, and educational services, technical

assistance, and advice to any person, firm, partnership, or corporation, whether it is public or

private, in order to carry out the purposes of this chapter.

      (6) Subject to the provisions of any contract with note holders or bond holders to consent

to the modification, with respect to rate of interest, time of payments of any installment of

principal or interest, security or any other term of any mortgage, mortgage loan, mortgage loan

commitment, contract, or agreement of any kind to which the corporation is a party.

      (7) In connection with any property on which it has made a mortgage loan, to foreclose

on that property or commence an action to protect or enforce any right conferred upon it by law,

mortgage, contract, or other agreement and to bid for and purchase the property at any foreclosure

or any other sale, or to acquire or take possession of the property; and in that event the

corporation may complete, administer, pay the principal of, or interest on any obligations incurred

in connection with the property, dispose of, and otherwise deal with the property in a manner as

may be necessary or desirable to protect the interest of the corporation therein.

      (8) As security for the payment of principal and interest on any bonds or notes or any

agreements made in connection therewith, to mortgage and pledge any or all of its projects and

property, whether then owned or thereafter acquired, and to pledge the revenues and receipts from

all or part thereof, and to assign or pledge the leases, sales contracts or loan agreements or other

agreements on any portion or all of its projects and property and to assign or pledge the income

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received by virtue of the lease, sales contracts, loan agreements or other agreements.

      (9) To invest any funds of the corporation, including funds held in reserve or sinking

funds, or any moneys not required for immediate use or disbursement at the discretion of the

corporation, in: (i) obligations of the state or the United States, (ii) obligations of the principal

and interest of which are guaranteed by the state or the United States, (iii) obligations of agencies

and instrumentalities of the state or the United States, or (iv) certificates of deposits of banks and

trust companies or shares of building loan associations organized under the laws of the state or

doing business in the state or (v) any obligations, securities, and other investments as shall be

specified in resolutions of the corporation.

      (10) To engage the services of consultants on a contract basis for rendering professional

and technical assistance and advice, and to employ architects, engineers, attorneys, accountants,

construction, and financial experts and any other advisors, consultants, and agents as may be

necessary in his or her judgment, and to fix their compensation.

      (11) To contract for and to accept any gifts or grants or loans or funds or property or

financial or other assistance in any form from the United States or any agency or instrumentality

of the United States or from the state or any agency or instrumentality of the state or from any

other source and to comply, subject to the provisions of this chapter, with the terms and

conditions of this contract.

      (12) To enter into agreements with any municipality or political subdivision, either

directly or on behalf of any other party which holds legal title to all or any portion of a project as

the lessee from the corporation designated pursuant to section 42-64-20(c), providing that the

corporation or the lessee shall pay annual sums in lieu of taxes to the municipality or political

subdivision of the state in respect to any real or personal property which is owned by the

corporation or the lessee and is located in the municipality or political subdivision.

      (13) To borrow money and to issue negotiable bonds and notes, and to provide for the

rights of the holders of these bonds and notes, for the purpose of providing funds to pay all or any

part of the cost of any port project or for the purpose of refunding any of these bonds issued.

      (14) To construct, acquire, own, repair, develop, operate, maintain, extend, and improve,

rehabilitate, renovate, furnish, and equip one or more port projects and to pay all or any part of

the costs of these bonds and notes from the proceeds of bonds of the corporation or from any

contribution, gift, or donation or other funds made available to the corporation for those purposes.

      (15) To fix, charge and collect rents, fees, tolls, and charges for the use of any port

project and to alter and investigate rates, and practices of charging, which affect port projects so

as to increase commerce in the state.

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      (16) To prescribe rules and regulations deemed necessary or desirable to carry out the

purposes of this chapter including rules and regulations to insure maximum use and proper

operation of port projects.

      (17) To establish penalties for violations of any order, rule, or regulation of the

corporation, and a method of enforcing these penalties.

      (18) To develop, maintain, and operate foreign trade zones under those terms and

conditions that may be prescribed by law.

      (19) To impose administrative penalties in accordance with the provisions of section 42-

64-9.2.

      (20) To make assessments and impose reasonable and just user charges, and to pay for

those expenses that may be required by law or as may be determined by the corporation to be

necessary for the maintenance and operation of the sewage treatment facility.

      (21) To establish a sewage pretreatment program, and to require as a condition to the

grant or re-issuance of any approval, license, or permit required under the program that the person

applying for the approval, license or permit, pay to the corporation a reasonable fee based on the

cost of reviewing and acting upon the application and based on the costs of implementing the

program. In addition, where a violation of any of the provisions of this title or any permit, rule,

regulation, or order issued pursuant to this title have occurred, the violator shall reimburse the

corporation for the actual costs of implementing and enforcing the terms of the permit, rule,

regulation or order as a condition to the grant or re-issuance of any approval.

      (22) To assist urban communities revitalize their local economics.

      (23) To provide assistance to minority businesses and to neighborhoods where there is

insufficient economic and business investment.

      (24) To support and assist entrepreneurial activity by minorities and by low and

moderate income persons.

      (25) To issue bonds and notes of the type and for those projects and for those purposes

specified in any Joint Resolution of the General Assembly adopted by the Rhode Island house of

representatives and the Rhode Island senate; pursuant to section 18 of title 35 of the general laws

entitled "the Rhode Island Public Corporation Debt Management Act"; and to make such

determinations, enter into such agreements, to deliver such instruments and to take such other

actions as it shall deem necessary or desirable to effectuate the financing of such projects.

     (26) The department shall consider, when feasible and appropriate, the impacts of climate

change in the undertaking of all powers and duties set forth in this chapter.

     SECTION 6. Section 42-140-3 of the General Laws in Chapter 42-140 entitled "Rhode

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Island Energy Resources Act" is hereby amended to read as follows:

     42-140-3. Purposes. -- The purposes of the office shall be to:

      (1) Develop and put into effect plans and programs to promote, encourage, and assist the

provision of energy resources for Rhode Island in a manner that enhances economic well-being,

social equity, and environmental quality;

      (2) Monitor, forecast, and report on energy use, energy prices, and energy demand and

supply forecasts, and make findings and recommendations with regard to energy supply diversity,

reliability, and procurement, including least-cost procurement;

      (3) Develop and to put into effect plans and programs to promote, encourage and assist

the efficient and productive use of energy resources in Rhode Island, and to coordinate energy

programs for natural gas, electricity, and heating oil to maximize the aggregate benefits of

conservation and efficiency of investments;

      (4) Monitor and report technological developments that may result in new and/or

improved sources of energy supply, increased energy efficiency, and reduced environmental

impacts from energy supply, transmission and distribution;

      (5) Administer the programs, duties, and responsibilities heretofore exercised by the state

energy office, except as these may be assigned by executive order or the general laws to other

departments and agencies of state government;

      (6) Develop, recommend and, as appropriate, implement integrated and/or

comprehensive strategies, including at regional and federal levels, to secure Rhode Island's

interest in energy resources, their supply and efficient use, and as necessary to interact with

persons, private sector, non-profit, regional, federal entities and departments and agencies of

other states to effectuate this purpose;

      (7) Cooperate with agencies, departments, corporations, and entities of the state and of

political subdivisions of the state in achieving its purposes;

      (8) Cooperate with and assist the state planning council and the division of state planning

in developing, maintaining, and implementing state guide plan elements pertaining to energy and

renewable energy;

      (9) Coordinate the energy efficiency, renewable energy, least cost procurement, and

systems reliability plans and programs with the energy efficiency resource management council

and the renewable energy coordinating board;

      (10) Participate in, monitor implementation of, and provide technical assistance for the

low-income home energy assistance program enhancement plan established pursuant to section

39-1-27.12;

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      (11) Participate in and monitor the distributed generation standard contracts program

pursuant to chapter 39-26-2;

      (12) Coordinate opportunities with and enter into contracts and/or agreements with the

economic development corporation associated with the energy efficiency, least-cost procurement,

system reliability, and renewable energy fund programs;

      (13) Provide support and information to the division of planning and the state planning

council in development of a ten (10) year Rhode Island Energy Guide Plan, which shall be

reviewed and amended if necessary every five (5) years;

      (14) Provide funding support if necessary to the renewable energy coordinating board

and/or the advisory council to carry out the objectives pursuant to chapter 42-140-3;

      (15) Advise and provide technical assistance to state and federally funded energy

program to support:

      (i) The federal low-income home energy assistance program which provides heating

assistance to eligible low-income persons and any state funded or privately funded heating

assistance program of a similar nature assigned to it for administration;

      (ii) The weatherization assistance program which offers home weatherization grants and

heating system upgrades to eligible persons of low-income;

      (iii) The emergency fuel program which provides oil deliveries to families experiencing

a heating emergency;

      (iv) The energy conservation program, which offers service and programs to all sectors;

and

      (v) [Deleted by P.L. 2008, ch. 228, section 2, and P.L. 2008, ch. 422, section 2.]

      (16) Advise the economic development corporation in the development of standards and

rules for the solicitation and award of renewable energy program investment funds in accordance

with section 42-64-13.2;

      (17) Develop, recommend, and evaluate energy programs for state facilities and

operations in order to achieve and demonstrate the benefits of energy-efficiency, diversification

of energy supplies, energy conservation, and demand management; and

      (18) Advise the governor and the general assembly with regard to energy resources and

all matters relevant to achieving the purposes of the office.

     (19) The department shall consider, when feasible and appropriate, the impacts of climate

change in the undertaking of all powers and duties set forth in this chapter.

     SECTION 7. Section 46-23-6 of the General Laws in Chapter 46-23 entitled "Coastal

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

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     46-23-6. Powers and duties -- Rights-of-way. -- In order to properly manage coastal

resources the council has the following powers and duties:

      (1) Planning and management.

      (i) The primary responsibility of the council shall be the continuing planning for and

management of the resources of the state's coastal region. The council shall be able to make any

studies of conditions, activities, or problems of the state's coastal region needed to carry out its

responsibilities and shall consider, when feasible and appropriate, the impacts of climate change

in the undertaking of all powers and duties set forth in this chapter.

      (ii) The resources management process shall include the following basic phases:

      (A) Identify all of the state's coastal resources, water, submerged land, air space, fin fish,

shellfish, minerals, physiographic features, and so forth.

      (B) Evaluate these resources in terms of their quantity, quality, capability for use, and

other key characteristics.

      (C) Determine the current and potential uses of each resource.

      (D) Determine the current and potential problems of each resource.

      (E) Formulate plans and programs for the management of each resource, identifying

permitted uses, locations, protection measures, and so forth.

      (F) Carry out these resources management programs through implementing authority and

coordination of state, federal, local, and private activities.

      (G) Formulation of standards where these do not exist, and reevaluation of existing

standards.

      (H) To develop comprehensive programs for dredging in tidal waters and related

beneficial use, disposal, monitoring dewatering and transportation of dredge materials.

      (I) To accept and administer loans and grants from the federal government and from

other sources, public or private, for the carrying out of any of its functions, which loans or grants

shall not be expended for other than the purposes for which provided.

      (J) To encourage, participate in, or conduct studies, investigations, research, and

demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the

tidal waters of the state as the coastal resources management council may deem advisable and

necessary for the discharge of its duties under this chapter.

      (K) To collect and disseminate information relating to dredging, disposal of dredge

materials and transportation thereof within the tidal waters of the state.

      (L) To work with the appropriate federal and state agencies to develop as provided for in

this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and

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related beneficial use, disposal, monitoring dewatering and transportation of dredge materials.

      (M) To apply for, accept and expend grants and bequests of funds, for the purpose of

carrying out the lawful responsibilities of the coastal resources management council.

      (iii) An initial series of resources management activities shall be initiated through this

basic process, then each phase shall continuously be recycled and used to modify the council's

resources management programs and keep them current.

      (iv) Planning and management programs shall be formulated in terms of the

characteristics and needs of each resource or group of related resources. However, all plans and

programs shall be developed around basic standards and criteria, including:

      (A) The need and demand for various activities and their impact upon ecological

systems.

      (B) The degree of compatibility of various activities.

      (C) The capability of coastal resources to support various activities.

      (D) Water quality standards set by the director of the department of environmental

management.

      (E) Consideration of plans, studies, surveys, inventories, and so forth prepared by other

public and private sources.

      (F) Consideration of contiguous land uses and transportation facilities.

      (G) Whenever possible consistency with the state guide plan.

      (v) The council shall prepare, adopt, administer, and cause to be implemented, including

specifically through its powers of coordination as set forth in subdivision (3) of this section, a

marine resources development plan and such special area management plans as the council may

determine to be appropriate or desirable as follows:

      (A) Marine resources development plan.

      (I) The purpose of the marine resources development plan shall be to provide an

integrated strategy for: (a) improving the health and functionality of Rhode Island's marine

ecosystem; (b) providing for appropriate marine-related economic development; and (c)

promoting the use and enjoyment of Rhode Island's marine resources by the people of the state.

      (II) The marine resources development plan shall include specific goals and objectives

necessary to accomplish its purposes, performance measures to determine progress toward

achieving such goals and objectives, and an implementation program.

      (III) The marine resources development plan shall be prepared in cooperation with the

department of environmental management, the statewide planning program, and the economic

development corporation, with the involvement of such other state agencies as may be

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appropriate, and with such technical support as may be necessary and appropriate from the

Narragansett Bay Estuary Program, the Coastal Institute at the University of Rhode Island, and

Rhode Island Sea Grant.

      (IV) The plan shall be responsive to the requirements and principles of the federal

coastal zone management act as amended, including, but not limited to, the expectations of the act

for incorporating the federal Clean Water Act into coastal zone management programs.

      (V) The marine resources development plan shall take into account local land use

management responsibilities as provided for under title 45 and harbor management

responsibilities, and the preparation of the plan shall include opportunities for involvement and/or

comment by cities and towns.

      (VI) The marine resources development plan shall be adopted by the council in

accordance with the provisions of this subsection by July 1, 2005, shall as appropriate incorporate

the recommendations of the Governor's Narragansett Bay and Watershed Planning Commission,

and shall be made consistent with systems level plans as appropriate, in order to effectuate the

purposes of systems level planning. The council shall update the marine resources development

plan at least once every five (5) years.

      (VII) The council shall administer its programs, regulations, and implementation

activities in a manner consistent with the marine resources development plan.

      (VIII) The marine resources development plan and any updates thereto shall be adopted

as appropriate as elements of the state guide plan pursuant to section 42-11-10.

      (B) Special area management plans.

      (I) The council shall adopt such special area management plans as deemed necessary and

desirable to provide for the integration and coordination of the protection of natural resources, the

promotion of reasonable coastal-dependent economic growth, and the improved protection of life

and property in the specific areas designated council as requiring such integrated planning and

coordination.

      (II) The integrated planning and coordination herein specified shall include, but not be

limited to, federal agencies, state agencies, boards, commissions, and corporations, including

specifically the economic development corporation, and cities and towns, shall utilize to the

extent appropriate and feasible the capacities of entities of higher education, including Rhode

Island Sea Grant, and shall provide for the participation of advocacy groups, community-based

organizations, and private persons.

      (III) The council shall administer its programs, regulations, and implementation

activities in a manner consistent with special area management plans.

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      (IV) Special area management plans and any updates thereto shall be adopted as

appropriate as elements of the state guide plan pursuant to section 42-11-10.

      (2) Implementation.

      (i) The council is authorized to formulate policies and plans and to adopt regulations

necessary to implement its various management programs. With respect to such policies and

plans which relate to matters where the coastal resources management council and the department

of environmental management have concurrent jurisdiction and upon formulation of the plans and

regulations, the council shall, prior to adoption, submit the proposed plans or regulations to the

director of the department of environmental management for the director's review. The director

shall review and submit comments to the council within thirty (30) days of submission to the

director by the council. The comments of the director shall include findings with regard to the

consistency of the policies, plans and/or regulations with the requirements of laws administered

by the department. The council shall consider the director's comments prior to adoption of any

such policies, plans or regulations and shall respond in writing to findings of the director with

regard to the consistency of said policies, plans and/or regulations with the requirements of laws

administered by the department.

      (ii) (A) The council shall have exclusive jurisdiction below mean high water for all

development, operations, and dredging, consistent with the requirements of chapter 6.1 of this

title and except as necessary for the department of environmental management to exercise its

powers and duties and to fulfill its responsibilities pursuant to sections 42-17.1-2 and 42-17.1-24,

and any person, firm, or governmental agency proposing any development or operation within,

above, or beneath the tidal water below the mean high water mark, extending out to the extent of

the state's jurisdiction in the territorial sea, shall be required to demonstrate that its proposal

would not:

      (I) Conflict with any resources management plan or program;

      (II) Make any area unsuitable for any uses or activities to which it is allocated by a

resources management plan or program adopted by the council; or

      (III) Significantly damage the environment of the coastal region.

      (B) The council shall be authorized to approve, modify, set conditions for, or reject any

such proposal.

      (iii) The authority of the council over land areas (those areas above the mean high water

mark) shall be limited to two hundred feet (200') from the coastal physiographic feature or to that

necessary to carry out effective resources management programs. This shall be limited to the

authority to approve, modify, set conditions for, or reject the design, location, construction,

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alteration, and operation of specified activities or land uses when these are related to a water area

under the agency's jurisdiction, regardless of their actual location. The council's authority over

these land uses and activities shall be limited to situations in which there is a reasonable

probability of conflict with a plan or program for resources management or damage to the coastal

environment. These uses and activities are:

      (A) Power generating over forty (40) megawatts and desalination plants.

      (B) Chemical or petroleum processing, transfer, or storage.

      (C) Minerals extraction.

      (D) Shoreline protection facilities and physiographical features, and all directly

associated contiguous areas which are necessary to preserve the integrity of the facility and/or

features.

      (E) Coastal wetlands and all directly associated contiguous areas which are necessary to

preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of

the coast. The actual determination of freshwater wetlands located in coastal vicinities and under

the jurisdiction of the coastal resources management council shall be designated on such maps

that are agreed to in writing and made available for public use by the coastal resources

management council and the director, department of environmental management, within three (3)

months of [August 6, 1996] The CRMC shall have exclusive jurisdiction over the wetlands areas

described in this section notwithstanding any provision of chapter 1, title 2 or any other provision,

except as provided in subsection (iv) of this section. Within six (6) months of [August 6, 1996]the

council in cooperation with the director shall develop rules and regulations for the management

and protection of freshwater wetlands, affected by an aquaculture project, outside of those

freshwater wetlands located in the vicinity of the coast and under the exclusive jurisdiction of the

director of the department of environmental management. For the purpose of this chapter, a

"coastal wetland" means any salt marsh bordering on the tidal waters of this state, whether or not

the tidal waters reach the littoral areas through natural or artificial watercourses, and those

uplands directly associated and contiguous thereto which are necessary to preserve the integrity

of that marsh. Marshes shall include those areas upon which grow one or more of the following:

smooth cordgrass (spartina alterniflora), salt meadow grass (spartina patens), spike grass

(distichlis spicata), black rush (juncus gerardi), saltworts (salicornia spp.), sea lavender

(limonium carolinianum), saltmarsh bulrushes (scirpus spp.), hightide bush (iva frutescens), tall

reed (phragmites communis), tall cordgrass (spartina pectinata), broadleaf cattail (typha latifolia),

narrowleaf cattail (typha angustifolia), spike rush (eleocharis rostellata), chairmaker's rush

(scirpus amercana), creeping bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and

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wild rye (etlymus virginicus).

      (F) Sewage treatment and disposal and solid waste disposal facilities.

      (G) Beneficial use, dewatering, and disposal of dredged material of marine origins,

where such activities take place within two hundred (200) feet of mean high water or a coastal

physiographic feature, or where there is a reasonable probability of conflict with a plan or

program for resources management or damage to the coastal environment.

      (iv) Notwithstanding the provisions of subsections (ii) and (iii) above, the department of

environmental management shall maintain jurisdiction over the administration of chapter 1, title

2, including permitting of freshwater wetlands alterations and enforcement, with respect to all

agricultural activities undertaken by a farmer, as that term is defined in subsection 2-1-22(j),

wherever located; provided, however, that with respect to activities located partially or

completely within two hundred feet (200') of the coastal physiographic feature, the department

shall exercise jurisdiction in consultation with the council.

      (3) Coordination. - The council has the following coordinating powers and duties:

      (i) Functioning as a binding arbitrator in any matter of dispute involving both the

resources of the state's coastal region and the interests of two (2) or more municipalities or state

agencies.

      (ii) Consulting and coordinating actions with local, state, regional, and federal agencies

and private interests.

      (iii) Conducting or sponsoring coastal research.

      (iv) Advising the governor, the general assembly, and the public on coastal matters.

      (v) Serving as the lead state agency and initial and primary point of contact for dredging

activities in tidal waters and in that capacity, integrating and coordinating the plans and policies

of other state agencies as they pertain to dredging in order to develop comprehensive programs

for dredging as required by subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title.

The Rhode Island resource recovery corporation prior to purchasing cover material for the state

landfill shall first contact the CRMC to see if there is a source of suitable dredged material

available which shall be used in place of the purchase cover material. Other state agencies

engaged in the process of dump closures shall also contact the CRMC to see if there is a source of

suitable dredged material available, which shall be used in place of the purchase cover material.

In addition, cities and towns may contact the CRMC prior to closing city or town controlled

dump sites to see if there is a source of suitable dredge material available, which may be used in

place of the purchase cover material.

      (vi) Acting as the state's representative to all bodies public and private on all coastal and

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aquaculture related matters.

      (4) Operations. - The council is authorized to exercise the following operating functions,

which are essential to management of coastal resources:

      (i) Issue, modify, or deny permits for any work in, above, or beneath the areas under its

jurisdiction, including conduct of any form of aquaculture.

      (ii) Issue, modify, or deny permits for dredging, filling, or any other physical alteration

of coastal wetlands and all directly related contiguous areas which are necessary to preserve the

integrity of the wetlands, including, but not limited to, the transportation and disposal of dredge

materials in the tidal waters.

      (iii) Grant licenses, permits, and easements for the use of coastal resources which are

held in trust by the state for all its citizens, and impose fees for private use of these resources.

      (iv) Determining the need for and establishing pierhead, bulkhead, and harbor lines.

      (v) Enforcing and implementing riparian rights in the tidal waters after judicial decisions.

      (vi) The council may require an owner or operator of a commercial wharf or pier of a

marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources

management program, but not including those facilities defined in 300.4 of the Rhode Island

coastal resources management program, and which is capable of offloading cargo, and is or will

be subject to a new use or a significant intensification of an existing use, to demonstrate that the

commercial wharf or pier is fit for that purpose. For the purposes of this subsection, a

"commercial wharf or pier" means a pier, bulkhead, wharf, docking facility, or underwater

utilities. The council may order said owner or operator to provide an engineering certification to

the council's satisfaction that the commercial wharf or pier is fit for the new use or intensification

of an existing use. If the council determines that the commercial wharf or pier is not fit, it may

order the owner or operator to undertake the necessary work to make the commercial wharf or

pier safe, within a reasonable time frame. If the council determines that the commercial wharf or

pier, because of is condition, is an immediate threat to public health and safety it may order the

commercial wharf or pier closed until the necessary work to make the commercial wharf or pier

safe has been performed and approved by the council. All work performed must conform to the

council's management program. The council is also given the authority to develop regulations to

carry out this provision and to impose administrative penalties of five thousand dollars ($5,000)

per day up to a maximum of twenty thousand dollars ($20,000) consistent with section 46-23-7.1

where there has been a violation of the orders under this provision.

      (5) Rights-of-way.

      (i) The council is responsible for the designation of all public rights-of-way to the tidal

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water areas of the state, and shall carry on a continuing discovery of appropriate public rights-of-

way to the tidal water areas of the state.

      (ii) The council shall maintain a complete file of all official documents relating to the

legal status of all public rights-of-way to the tidal water areas of the state.

      (iii) (A) The council has the power to designate for acquisition and development, and

posting, and all other functions of any other department for tidal rights-of-way and land for tidal

rights-of-way, parking facilities, and other council related purposes.

      (B) Further, the council has the power to develop and prescribe a standard sign to be

used by the cities and towns to mark designated rights-of-way.

      (iv) In conjunction with this subdivision, every state department controlling state-owned

land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much

of the land that may be deemed necessary for public parking.

      (v) No use of land for public parking shall conflict with existing or intended use of the

land, and no improvement shall be undertaken by any state agency until detailed plans have been

submitted to and approved by the governing body of the local municipality.

      (vi) In designating rights-of-way, the council shall consider the following matters in

making its designation:

      (A) Land evidence records;

      (B) The exercise of domain over the parcel such as maintenance, construction, or

upkeep;

      (C) The payment of taxes;

      (D) The creation of a dedication;

      (E) Public use;

      (F) Any other public record or historical evidence such as maps and street indexes;

      (G) Other evidence as set out in section 42-35-10.

      (vii) A determination by the council that a parcel is a right-of-way shall be decided by

substantial evidence.

      (viii) The council shall be notified whenever by the judgment of the governing body of a

coastal municipality, a public right-of-way to tidal water areas located in such municipality has

ceased to be useful to the public, and such governing body proposes an order of abandonment of

such public right-of-way. Said notice shall be given not less than sixty (60) days prior to the date

of such abandonment.

      (6) Pre-existing residential boating facilities.

      (i) The council is hereby authorized and empowered to issue assent for pre-existing

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residential boating facilities constructed prior to January 1, 1985. These assents may be issued for

pre-existing residential boating facilities, even though such facilities do not meet current

standards and policies of the council; provided, however, that the council finds that such facilities

do not pose any significant risk to the coastal resources of the state of Rhode Island and do not

endanger human safety.

      (ii) In addition to the above criteria, the applicant shall provide clear and convincing

evidence that:

      (A) The facility existed in substantially the same configuration as it now exists prior to

January 1, 1985;

      (B) The facility is presently intact and functional; and

      (C) The facility presents no significant threat to the coastal resources of the state of

Rhode Island or human safety.

      (iii) The applicant, to be eligible for this provision, shall apply no later than January 31,

1999.

      (iv) The council is directed to develop rules and regulations necessary to implement this

subdivision.

      (v) It is the specific intent of this subsection to require that all pre-existing residential

boating facilities constructed on January 1, 1985 or thereafter conform to this chapter and the

plans, rules and regulations of the council.

      (7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners.

      (i) Any littoral or riparian owner in this state who desires to obtain a lease from the state

of Rhode Island of any filled lands adjacent to his or her upland shall apply to the council, which

may make the lease. Any littoral or riparian owner who wishes to obtain a lease of filled lands

must obtain pre-approval, in the form of an assent, from the council. Any lease granted by the

council shall continue the public's interest in the filled lands including, but not limited to, the

rights of navigation, fishery, and commerce. The public trust in the lands shall continue and run

concurrently with the leasing of the lands by the state to private individuals, corporations, or

municipalities. Upon the granting of a lease by the council, those rights consistent with the public

trust and secured by the lease shall vest in the lessee. The council may approve a lease of filled

lands for an initial term of up to fifty (50) years, with, or without, a single option to renew for an

additional term of up to fifty (50) years.

      (ii) The lessor of the lease, at any time, for cause, may by express act cancel and annul

any lease previously made to the riparian owner when it determines that the use of the lands is

violating the terms of the lease or is inconsistent with the public trust, and upon cancellation the

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lands, and rights in the land so leased, shall revert to the state.

      (8) "Marinas" as defined in the coastal resources management program in effect as of

June 1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision (7) is

not applicable to:

      (i) Any riparian owner on tidal waters in this state (and any successor in interest to the

owner) which has an assent issued by the council to use any land under water in front of his or her

lands as a marina, which assent was in effect on June 1, 1997;

      (ii) Any alteration, expansion, or other activity at a marina (and any successor in interest)

which has an assent issued by the council, which assent was in effect on June 1, 1997; and

      (iii) Any renewal of assent to a marina (or successor in interest), which assent was issued

by the council and in effect on June 1, 1997.

      (9) "Recreational boating facilities" including marinas, launching ramps, and recreational

mooring areas, as defined by and properly permitted by the council, are deemed to be one of the

uses consistent with the public trust. Subdivision (7) is not applicable to:

      (i) Any riparian owner on tidal waters in this state (and any successor in interest to the

owner) which has an assent issued by the council to use any land under water in front of his or her

lands as a recreational boating facility; any alteration, expansion or other activity at a recreational

boating facility (and any successor in interest) which has an assent issued by the council, which

assent was in effect as of June 1, 1997; and

      (ii) Any renewal of assent to a recreational boating facility (or successor in interest),

which assent was issued by the council and in effect on June 1, 1997.

     SECTION 8. Section 23-1-1 of the General Laws in Chapter 23-1 entitled "Department

of Health" is hereby amended to read as follows:

     23-1-1. General functions of department. -- The department of health shall take

cognizance of the interests of life and health among the peoples of the state; shall make

investigations into the causes of disease, the prevalence of epidemics and endemics among the

people, the sources of mortality, the effect of localities, employments and all other conditions and

circumstances on the public health, and do all in its power to ascertain the causes and the best

means for the prevention and control of diseases or conditions detrimental to the public health,

and adopt proper and expedient measures to prevent and control diseases and conditions

detrimental to the public health in the state. The department shall consider, when feasible and

appropriate, the impacts of climate change in the undertaking of all powers and duties set forth in

this chapter. It shall publish and circulate, from time to time, information that the director may

deem to be important and useful for diffusion among the people of the state, and shall investigate

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and give advice in relation to those subjects relating to public health that may be referred to it by

the general assembly or by the governor when the general assembly is not in session, or when

requested by any city or town. The department shall adopt and promulgate rules and regulations

that it deems necessary, not inconsistent with law, to carry out the purposes of this section;

provided, however, that the department shall not require all nonprofit volunteer ambulance,

rescue service, and volunteer fire departments to have two (2) or more certified emergency

medical technicians manning ambulances or rescue vehicles.

     SECTION 9. Section 23-27.3-100.1.3 of the General Laws in Chapter 23-27.3 entitled

"State Building Code" is hereby amended to read as follows:

     23-27.3-100.1.3. Creation of the state building code standards committee. -- (a) There

is created as an agency of state government a state building code standards committee who shall

adopt, promulgate, and administer a state building code for the purpose of regulating the design,

construction, and use of buildings or structures previously erected, in accordance with a

rehabilitation building and fire code for existing buildings and structures developed pursuant to

chapter 29.1 of this title, and to make any amendments to them as they, from time to time, deem

necessary or desirable, the building code to include any code, rule, or regulation incorporated in

the code by reference. The department shall consider, when feasible and appropriate, the impacts

of climate change in the undertaking of all powers and duties set forth in this chapter.

      (b) A standing subcommittee is made part of the state building code standards committee

to promulgate and administer a state housing and property maintenance code for the purpose of

establishing minimum requirements and standards and to regulate the occupancy and use of

existing premises, structures, buildings, equipment, and facilities, and to make amendments to

them as deemed necessary.

      (c) A joint committee, with membership as set forth in section 23-29.1-2(a) from the

state building code standards committee, shall develop and recommend for adoption and

promulgation, a rehabilitation building and fire code for existing buildings and structures, which

code shall include building code elements to be administered by the state building code standards

committee as the authority having jurisdiction over the elements.

     SECTION 10. Section 30-15-2 of the General Laws in Chapter 30-15 entitled

"Emergency Management" is hereby amended to read as follows:

     30-15-2. Purposes of provisions. -- The purposes of this chapter are:

      (1) To reduce vulnerability of people and communities of this state to damage, injury,

and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile

military or paramilitary action or acts of bioterrorism;

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      (2) To prepare for prompt and efficient rescue, care, and treatment of persons victimized

or threatened by disaster;

      (3) To provide a setting conducive to the rapid and orderly start of restoration and

rehabilitation of persons and property affected by disasters;

      (4) To clarify and strengthen the roles of the governor, state agencies, and local

governments in prevention of, preparation for, and response to and recovery from disasters;

      (5) To authorize and provide for cooperation in disaster prevention, preparedness,

response, and recovery;

      (6) To authorize and provide for coordination of activities relating to disaster prevention,

preparedness, response, and recovery by agencies and officers of this state, and similar state-

local, interstate, federal-state, and foreign activities in which the state and its political

subdivisions may participate;

      (7) To provide a disaster management system embodying all four (4) phases of

emergency management: mitigation; preparedness; response; and recovery.;

      (8) [Deleted by P.L. 2000, ch. 170, section 2];

      (9) To prepare for emergency health threats, including those caused by acts of

bioterrorism, which require the exercise of extraordinary government functions;

      (10) To provide the state with the ability to respond rapidly and effectively to potential

or actual public health emergencies or disaster emergencies.; and

     (11) The department shall consider, when feasible and appropriate, the impacts of climate

change in the undertaking of all powers and duties set forth in this chapter.

     SECTION 11. Section 39-26-3 of the General Laws in Chapter 39-26 entitled

"Renewable Energy Standard" is hereby amended to read as follows:

     39-26-3. Purposes. -- The purposes of this chapter are to define renewable energy

resources and to facilitate the development of new renewable energy resources to supply

electricity to customers in Rhode Island with goals of stabilizing long-term energy prices,

enhancing environmental quality, which may include reducing greenhouse emissions, and

creating jobs in Rhode Island in the renewable energy sector.

     SECTION 12. Section 39-26.1-1 of the General Laws in Chapter 39-26.1 entitled "Long-

Term Contracting Standard for Renewable Energy" is hereby amended to read as follows:

     39-26.1-1. Purpose. -- The purpose of this chapter is to encourage and facilitate the

creation of commercially reasonable long-term contracts between electric distribution companies

and developers or sponsors of newly developed renewable energy resources with the goals of

stabilizing long-term energy prices, enhancing environmental quality, reducing greenhouse gas

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emissions, creating jobs in Rhode Island in the renewable energy sector, and facilitating the

financing of renewable energy generation within the jurisdictional boundaries of the state or

adjacent state or federal waters or providing direct economic benefit to the state.

     SECTION 13. Section 23-84-3 of the General Laws in Chapter 23-84 entitled "The

Rhode Island Climate Risk Reduction Act of 2010" is hereby repealed.

     23-84-3. Creation of The Rhode Island Climate Change Commission. -- (a) There is

hereby created an independent commission known as "The Rhode Island Climate Change

Commission" consisting of twenty-nine (29) members as follows: three (3) of whom shall be

members of the senate, to be appointed by the senate president, not more than two (2) from the

same political party; three (3) of whom shall be members of the house of representatives, to be

appointed by the speaker of the house not more than two (2) from the same political party; one of

whom shall be the director of the department of environmental management, or his or her

designee; one of whom shall be the executive director of the coastal resources management

council, or his or her designee; one of whom shall be the director of the department of

transportation, or his or her designee; one of whom shall be the chair of the Rhode Island bays,

rivers, and watersheds coordination team; one of whom shall be the director of the Rhode Island

department of health, or his or her designee; one of whom shall be the chief of staff of the water

resources board, or his or her designee; one of whom shall be the director of the division of

planning, or his or her designee; one of whom shall be the state building commissioner, or his or

her designee; one of whom shall be the director of the Rhode Island emergency management

agency, or his or her designee; two (2) of whom shall represent municipal governments of coastal

municipalities one appointed by the senate president and one appointed by the speaker of the

house; two (2) of whom shall be representatives of environmental non-profit organizations,

appointed by the environment council of Rhode Island; two (2) of whom shall be representatives

of business, one designated by the greater Providence chamber of commerce and one designated

by the Rhode Island chamber of commerce coalition; two (2) of whom shall be representatives of

higher education institutions, one appointed by the board of governors for higher education and

one appointed by the association of independent colleges and universities of Rhode Island; one of

whom shall be a representative of a utility distribution company having greater than one hundred

thousand (100,000) customers to be appointed by the senate president; one of whom shall be the

executive director of the Rhode Island realtors association, or his or her designee; one of whom

shall be the executive director of the Rhode Island builders association, or his or her designee;

one of whom shall be the executive director of the American institute of architects of Rhode

Island, or his or her designee; one of whom shall represent the medical profession, including, but

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not limited to, a doctor or nurse, to be appointed by the speaker of the house; and one of whom

shall represent the medical profession, including, but not limited to, a doctor or nurse, to be

appointed by the speaker of the house; and one of whom shall be the director of the department of

administration, or his or her designee, who shall serve as the chair.

      (b) The purposes of the commission shall be to study the projected impacts of climate

change on Rhode Island, to identify and report methods of adapting to these climate change

impacts in order to reduce likely harm and increase economic and ecosystem sustainability, and

to identify potential mechanisms to mainstream climate adaptation into existing state and

municipal programs including, but not limited to, policies plans, infrastructure development and

maintenance.

      (c) The commission shall support its purposes by undertaking the following duties

including but not limited to:

      (1) Recommending how to mainstream climate change, using a climate "lens", into

existing state and local programs, policies and standards, and identify potential options to

incorporate adaptation strategies.

      (2) Compiling existing studies, research and programs relevant to climate change trends

and potential impacts in Rhode Island and identifying gaps in the research available.

      (3) Conducting a comprehensive overview of the risks Rhode Island may face as a result

of rising air and water temperatures and sea level, increased storminess, and more intense

droughts and rainfall events.

      (4) Investigating the vulnerability of critical roads, bridges, protection infrastructure such

as hurricane barriers, dams, and revetments, and public facilities such as hospitals, schools,

sewage treatment plants, parks and beaches and other critical utilities to sea level rise, increased

flooding and extended extreme summer heat.

      (5) Exploring potential changes to floodplains and ways to notify homeowners, renters

and commercial property owners of not only a property's flooding history but also its expected

risk under projected levels of climate change and sea level rise.

      (6) Assessing ecosystem impacts such as salt marshes, forests, and urban tree canopy and

researching tree and plant species that will be most resilient to climate change expected in Rhode

Island, as well as ways to secure additional funding to support the expansion of urban tree canopy

to thirty percent (30%).

      (7) Identifying potential ecosystem based adaptation options where conservation or

restoration of natural ecosystems can provide key ecosystems services by minimizing risks and

hazards from flooding and drought cycles.

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      (8) Identifying ways to increase Rhode Islanders' access to critical community health

services that are expected to become more important as a result of projected climate impacts.

      (9) Investigating potential impacts from non-point source pollution due to hydrological

changes including stormwater runoff options for the Phase 2 Narragansett Bay Commission's

Combined Sewer Overflow project, and implementing small-scale projects such as increasing the

percentage of pervious surfaces in residential areas such as yards and gardens.

      (10) Exploring possibilities to make funds or low interest loans available for

governmental entities, non-profit entities and businesses to implement adaptation strategies,

including green infrastructure projects on their properties, including green roofs, walls, and

bioretention areas.

      (11) Investigating possibilities to expand energy efficiency and weatherization programs

as an adaptation option.

      (12) Reviewing, among other things, existing local ordinances, provisions adopted by

associations, deed restrictions, covenants, declarations or similar binding agreements, which

prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines,

weatherization improvements, gardens or other energy devices based on renewable resources and

proposing alternatives that would eliminate said prohibitions and authorize these types of uses as

climate change mitigation and adaptation strategies for local implementation.

      (13) Reviewing possibilities to amend regulations to allow street parking to reduce

impervious surfaces in urban areas and runoff.

      (14) Investigating how to support local agriculture including urban community gardens,

and encouraging municipalities to foster neighborhood gardens in empty lots and parks.

      (15) Developing a plan to expand access to cooling and relief centers by extending hours

at libraries, community centers and opening pools to the public.

      (16) Identifying examples and options for outreach and communication on climate

change and adaptation options and recommending opportunities for coordinated outreach

programs within Rhode Island.

      (d) Vacancies shall be filled in like manner as the original appointment. The membership

of the commission shall receive no compensation for their services. All departments and agencies

of the state shall furnish such advice and information, documentary and otherwise, to the

commission and its agents as is deemed necessary or desirable by the commission to facilitate the

purposes of this chapter. The joint committee on legislative services is hereby authorized and

directed to provide suitable quarters for the commission.

      (e) The commission shall provide a report of its findings and recommendations to the

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governor and the general assembly no later than March 1, 2011, and every March 1 thereafter.

     SECTION 14. This act shall take effect upon passage.