2016 -- H 7759 | |
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LC005152 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2016 | |
____________ | |
A N A C T | |
RELATING TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT -- POWERS | |
AND DUTIES OF DIRECTOR | |
| |
Introduced By: Representatives Edwards, Casey, Keable, and Shekarchi | |
Date Introduced: February 26, 2016 | |
Referred To: House Environment and Natural Resources | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled |
2 | "Department of Environmental Management" is hereby amended to read as follows: |
3 | 42-17.1-2. Powers and duties. -- The director of environmental management shall have |
4 | the following powers and duties: |
5 | (1) To supervise and control the protection, development, planning, and utilization of the |
6 | natural resources of the state, such resources, including but not limited to, water, plants, trees, |
7 | soil, clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish, |
8 | shellfish, and other forms of aquatic, insect, and animal life; |
9 | (2) To exercise all functions, powers, and duties heretofore vested in the department of |
10 | agriculture and conservation, and in each of the divisions of the department, such as the |
11 | promotion of agriculture and animal husbandry in their several branches, including the inspection |
12 | and suppression of contagious diseases among animals, the regulation of the marketing of farm |
13 | products, the inspection of orchards and nurseries, the protection of trees and shrubs from |
14 | injurious insects and diseases, protection from forest fires, the inspection of apiaries and the |
15 | suppression of contagious diseases among bees, prevention of the sale of adulterated or |
16 | misbranded agricultural seeds, promotion and encouragement of the work of farm bureaus in |
17 | cooperation with the University of Rhode Island, farmers' institutes and the various organizations |
18 | established for the purpose of developing an interest in agriculture, together with such other |
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1 | agencies and activities as the governor and the general assembly may from time to time place |
2 | under the control of the department, and as heretofore vested by such of the following chapters |
3 | and sections of the general laws as are presently applicable to the department of environmental |
4 | management and which were previously applicable to the department of natural resources and the |
5 | department of agriculture and conservation or to any of its divisions: chapters 1 through 22, |
6 | inclusive, as amended, in title 2 entitled "Agriculture and Forestry;" chapters 1 through 17, |
7 | inclusive, as amended, in title 4 entitled "Animals and Animal Husbandry;" chapters 1 through |
8 | 19, inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1 through 32, |
9 | inclusive, as amended, in title 21 entitled "Food and Drugs;" chapter 7 of title 23 as amended, |
10 | entitled "Mosquito Abatement;" and by any other general or public law relating to the department |
11 | of agriculture and conservation or to any of its divisions or bureaus; |
12 | (3) To exercise all the functions, powers, and duties heretofore vested in the division of |
13 | parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled |
14 | "Parks and Recreational Areas;" by chapter 22.5 of title 23, as amended, entitled "Drowning |
15 | Prevention and Lifesaving;" and by any other general or public law relating to the division of |
16 | parks and recreation; |
17 | (4) To exercise all the functions, powers, and duties heretofore vested in the division of |
18 | harbors and rivers of the department of public works, or in the department itself by such as were |
19 | previously applicable to the division or the department, of chapters 1 through 22 and sections |
20 | thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or |
21 | public law relating to the division of harbors and rivers; |
22 | (5) To exercise all the functions, powers and duties heretofore vested in the department |
23 | of health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety;" and |
24 | by chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4, |
25 | 5, 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry;" |
26 | and those functions, powers, and duties specifically vested in the director of environmental |
27 | management by the provisions of § 21-2-22, as amended, entitled "Inspection of Animals and |
28 | Milk;" together with other powers and duties of the director of the department of health as are |
29 | incidental to or necessary for the performance of the functions transferred by this section; |
30 | (6) To cooperate with the Rhode Island economic development corporation in its |
31 | planning and promotional functions, particularly in regard to those resources relating to |
32 | agriculture, fisheries, and recreation; |
33 | (7) To cooperate with, advise, and guide conservation commissions of cities and towns |
34 | created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter |
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1 | 203 of the Public Laws, 1960; |
2 | (8) To assign or reassign, with the approval of the governor, any functions, duties, or |
3 | powers established by this chapter to any agency within the department, except as hereinafter |
4 | limited; |
5 | (9) To cooperate with the water resources board and to provide to the board facilities, |
6 | administrative support, staff services, and such other services as the board shall reasonably |
7 | require for its operation and, in cooperation with the board and the statewide planning program to |
8 | formulate and maintain a long range guide plan and implementing program for development of |
9 | major water sources transmissions systems needed to furnish water to regional and local |
10 | distribution systems; |
11 | (10) To cooperate with the solid waste management corporation and to provide to the |
12 | corporation such facilities, administrative support, staff services and such other services within |
13 | the department as the corporation shall reasonably require for its operation; |
14 | (11) To provide for the maintenance of waterways and boating facilities, consistent with |
15 | chapter 6.1 of title 46, by: (i) establishing minimum standards for upland beneficial use and |
16 | disposal of dredged material; (ii) promulgating and enforcing rules for water quality, ground |
17 | water protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) planning for the |
18 | upland beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the |
19 | council pursuant to § 46-23-6(2); and (iv) cooperating with the coastal resources management |
20 | council in the development and implementation of comprehensive programs for dredging as |
21 | provided for in §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) monitoring dredge material |
22 | management and disposal sites in accordance with the protocols established pursuant to § 46-6.1- |
23 | 5(3) and the comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties |
24 | granted herein shall be construed to abrogate the powers or duties granted to the coastal resources |
25 | management council under chapter 23 of title 46, as amended; |
26 | (12) To establish minimum standards, subject to the approval of the environmental |
27 | standards board, relating to the location, design, construction and maintenance of all sewage |
28 | disposal systems; |
29 | (13) To enforce, by such means as provided by law, the standards for the quality of air, |
30 | and water, and the design, construction and operation of all sewage disposal systems; any order or |
31 | notice issued by the director relating to the location, design, construction or maintenance of a |
32 | sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director |
33 | shall forward the order or notice to the city or town wherein the subject property is located and |
34 | the order or notice shall be recorded in the general index by the appropriate municipal official in |
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1 | the land evidence records in the city or town wherein the subject property is located. Any |
2 | subsequent transferee of that property shall be responsible for complying with the requirements of |
3 | the order or notice. Upon satisfactory completion of the requirements of the order or notice, the |
4 | director shall provide written notice of the same, which notice shall be similarly eligible for |
5 | recordation. The original written notice shall be forwarded to the city or town wherein the subject |
6 | property is located and the notice of satisfactory completion shall be recorded in the general index |
7 | by the appropriate municipal official in the land evidence records in the city or town wherein the |
8 | subject property is located. A copy of the written notice shall be forwarded to the owner of the |
9 | subject property within five (5) days of a request for it, and, in any event, shall be forwarded to |
10 | the owner of the subject property within thirty (30) days after correction; |
11 | (14) To establish minimum standards for the establishment and maintenance of salutary |
12 | environmental conditions, including standards and methods for the assessment and the |
13 | consideration of the cumulative effects on the environment of regulatory actions and decisions, |
14 | which standards for consideration of cumulative effects shall provide for: (i) evaluation of |
15 | potential cumulative effects that could adversely effect public health and/or impair ecological |
16 | functioning; (ii) analysis of such other matters relative to cumulative effects as the department |
17 | may deem appropriate in fulfilling its duties, functions and powers; which standards and methods |
18 | shall only be applicable to ISDS systems in the town of Jamestown in areas that are dependent for |
19 | water supply on private and public wells, unless broader use is approved by the general assembly. |
20 | The department shall report to the general assembly not later than March 15, 2008 with regard to |
21 | the development and application of such standards and methods in Jamestown. |
22 | (15) To establish and enforce minimum standards for permissible types of septage, |
23 | industrial waste disposal sites and waste oil disposal sites; |
24 | (16) To establish minimum standards subject to the approval of the environmental |
25 | standards board for permissible types of refuse disposal facilities, the design, construction, |
26 | operation, and maintenance of disposal facilities; and the location of various types of facilities; |
27 | (17) To exercise all functions, powers, and duties necessary for the administration of |
28 | chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act"; |
29 | (18) To designate in writing any person in any department of the state government or any |
30 | official of a district, county, city, town, or other governmental unit, with that official's consent, to |
31 | enforce any rule, regulation, or order promulgated and adopted by the director under any |
32 | provision of law; provided, however, that enforcement of powers of the coastal resources |
33 | management council shall be assigned only to employees of the department of environmental |
34 | management, except by mutual agreement or as otherwise provided in chapter 23 of title 46; |
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1 | (19) To issue and enforce such rules, regulations, and orders as may be necessary to |
2 | carry out the duties assigned to the director and the department by any provision of law; and to |
3 | conduct such investigations and hearings and to issue, suspend, and revoke such licenses as may |
4 | be necessary to enforce those rules, regulations, and orders. Any license suspended under such |
5 | rules, regulations, and/or orders shall be deemed terminated and revoked if the conditions that led |
6 | to the suspension are not corrected to the satisfaction of the director within two (2) years. |
7 | Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a |
8 | contested licensing matter shall occur where resolution substantially deviates from the original |
9 | application unless all interested parties shall be notified of said proposed resolution and provided |
10 | with opportunity to comment upon said resolution pursuant to applicable law and any rules and |
11 | regulations established by the director. |
12 | (20) To enter, examine or survey at any reasonable time such places as the director |
13 | deems necessary to carry out his or her responsibilities under any provision of law subject to the |
14 | following provisions: |
15 | (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a |
16 | search warrant from an official of a court authorized to issue warrants, unless a search without a |
17 | warrant is otherwise allowed or provided by law; |
18 | (ii) (A) All administrative inspections shall be conducted pursuant to administrative |
19 | guidelines promulgated by the department in accordance with chapter 35 of title 42. |
20 | (B) A warrant shall not be required for administrative inspections if conducted under the |
21 | following circumstances, in accordance with the applicable constitutional standards: |
22 | (I) For closely regulated industries; |
23 | (II) In situations involving open fields or conditions that are in plain view; |
24 | (III) In emergency situations; |
25 | (IV) In situations presenting an imminent threat to the environment or public health, |
26 | safety or welfare; |
27 | (V) If the owner, operator, or agent in charge of the facility, property, site or location |
28 | consents; or |
29 | (VI) In other situations in which a warrant is not constitutionally required. |
30 | (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the |
31 | director in his or her discretion deems it advisable, an administrative search warrant, or its |
32 | functional equivalent, may be obtained by the director from a neutral magistrate for the purpose |
33 | of conducting an administrative inspection. The warrant shall be issued in accordance with the |
34 | applicable constitutional standards for the issuance of administrative search warrants. The |
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1 | administrative standard of probable cause, not the criminal standard of probable cause, shall |
2 | apply to applications for administrative search warrants. |
3 | (I) The need for, or reliance upon, an administrative warrant shall not be construed as |
4 | requiring the department to forfeit the element of surprise in its inspection efforts. |
5 | (II) An administrative warrant issued pursuant to this subsection must be executed and |
6 | returned within ten (10) days of its issuance date unless, upon a showing of need for additional |
7 | time, the court orders otherwise. |
8 | (III) An administrative warrant may authorize the review and copying of documents that |
9 | are relevant to the purpose of the inspection. If documents must be seized for the purpose of |
10 | copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare |
11 | an inventory of the documents taken. The time, place and manner regarding the making of the |
12 | inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of |
13 | the inventory shall be delivered to the person from whose possession or facility the documents |
14 | were taken. The seized documents shall be copied as soon as feasible under circumstances |
15 | preserving their authenticity, then returned to the person from whose possession or facility the |
16 | documents were taken. |
17 | (IV) An administrative warrant may authorize the taking of samples of air, water or soil |
18 | or of materials generated, stored or treated at the facility, property, site or location. Upon request, |
19 | the department shall make split samples available to the person whose facility, property, site or |
20 | location is being inspected. |
21 | (V) Service of an administrative warrant may be required only to the extent provided for |
22 | in the terms of the warrant itself, by the issuing court. |
23 | (D) Penalties. - Any willful and unjustified refusal of right of entry and inspection to |
24 | department personnel pursuant to an administrative warrant shall constitute a contempt of court |
25 | and shall subject the refusing party to sanctions, which in the court's discretion may result in up to |
26 | six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per |
27 | refusal. |
28 | (21) To give notice of an alleged violation of law to the person responsible therefor |
29 | whenever the director determines that there are reasonable grounds to believe that there is a |
30 | violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted |
31 | pursuant to authority granted to him or her, unless other notice and hearing procedure is |
32 | specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney |
33 | general to prosecute offenders as required by law. |
34 | (i) The notice shall provide for a time within which the alleged violation shall be |
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1 | remedied, and shall inform the person to whom it is directed that a written request for a hearing |
2 | on the alleged violation may be filed with the director within ten (10) days after service of the |
3 | notice. The notice will be deemed properly served upon a person if a copy thereof is served him |
4 | or her personally, or sent by registered or certified mail to his or her last known address, or if he |
5 | or she is served with notice by any other method of service now or hereafter authorized in a civil |
6 | action under the laws of this state. If no written request for a hearing is made to the director |
7 | within ten (10) days of the service of notice, the notice shall automatically become a compliance |
8 | order. |
9 | (ii) (A) Whenever the director determines that there exists a violation of any law, rule, or |
10 | regulation within his or her jurisdiction which requires immediate action to protect the |
11 | environment, he or she may, without prior notice of violation or hearing, issue an immediate |
12 | compliance order stating the existence of the violation and the action he or she deems necessary. |
13 | The compliance order shall become effective immediately upon service or within such time as is |
14 | specified by the director in such order. No request for a hearing on an immediate compliance |
15 | order may be made. |
16 | (B) Any immediate compliance order issued under this section without notice and prior |
17 | hearing shall be effective for no longer than forty-five (45) days; provided, however, that for |
18 | good cause shown the order may be extended one additional period not exceeding forty-five (45) |
19 | days. |
20 | (iii) The director may, at his or her discretion and for the purposes of timely and |
21 | effective resolution and return to compliance, cite a person for alleged noncompliance through the |
22 | issuance of an expedited citation in accordance with subsection 42-17.6-3(c). |
23 | (iv) If a person upon whom a notice of violation has been served under the provisions of |
24 | this section or if a person aggrieved by any such notice of violation requests a hearing before the |
25 | director within ten (10) days of the service of notice of violation, the director shall set a time and |
26 | place for the hearing, and shall give the person requesting that hearing at least five (5) days |
27 | written notice thereof. After the hearing, the director may make findings of fact and shall sustain, |
28 | modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that |
29 | decision shall be deemed a compliance order and shall be served upon the person responsible in |
30 | any manner provided for the service of the notice in this section. |
31 | (v) The compliance order shall state a time within which the violation shall be remedied, |
32 | and the original time specified in the notice of violation shall be extended to the time set in the |
33 | order. |
34 | (vi) Whenever a compliance order has become effective, whether automatically where |
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1 | no hearing has been requested, where an immediate compliance order has been issued, or upon |
2 | decision following a hearing, the director may institute injunction proceedings in the superior |
3 | court of the state for enforcement of the compliance order and for appropriate temporary relief, |
4 | and in that proceeding the correctness of a compliance order shall be presumed and the person |
5 | attacking the order shall bear the burden of proving error in the compliance order, except that the |
6 | director shall bear the burden of proving in the proceeding the correctness of an immediate |
7 | compliance order. The remedy provided for in this section shall be cumulative and not exclusive |
8 | and shall be in addition to remedies relating to the removal or abatement of nuisances or any |
9 | other remedies provided by law. |
10 | (vii) Any party aggrieved by a final judgment of the superior court may, within thirty |
11 | (30) days from the date of entry of such judgment, petition the supreme court for a writ of |
12 | certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the |
13 | filing of the petition with the clerk of the supreme court, the supreme court may, if it sees fit, |
14 | issue its writ of certiorari; |
15 | (22) To impose administrative penalties in accordance with the provisions of chapter |
16 | 17.6 of this title and to direct that such penalties be paid into the account established by |
17 | subdivision (26); and |
18 | (23) The following definitions shall apply in the interpretation of the provisions of this |
19 | chapter: |
20 | (i) Director: - The term "director" shall mean the director of environmental management |
21 | of the state of Rhode Island or his or her duly authorized agent. |
22 | (ii) Person: - The term "person" shall include any individual, group of individuals, firm, |
23 | corporation, association, partnership or private or public entity, including a district, county, city, |
24 | town, or other governmental unit or agent thereof, and in the case of a corporation, any individual |
25 | having active and general supervision of the properties of such corporation. |
26 | (iii) Service: - (A) Service upon a corporation under this section shall be deemed to |
27 | include service upon both the corporation and upon the person having active and general |
28 | supervision of the properties of such corporation. |
29 | (B) For purposes of calculating the time within which a claim for a hearing is made |
30 | pursuant to subdivision (21)(i) of this section heretofore, service shall be deemed to be the date of |
31 | receipt of such notice or three (3) days from the date of mailing of said notice, whichever shall |
32 | first occur. |
33 | (24) (i) To conduct surveys of the present private and public camping and other |
34 | recreational areas available and to determine the need for and location of such other camping and |
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1 | recreational areas as may be deemed necessary and in the public interest of the state of Rhode |
2 | Island and to report back its findings on an annual basis to the general assembly on or before |
3 | March 1 of every year; |
4 | (ii) Additionally, the director of the department of environmental management shall take |
5 | such additional steps, including but not limited to, matters related to funding as may be necessary |
6 | to establish such other additional recreational facilities and areas as are deemed to be in the public |
7 | interest. |
8 | (25) (i) To apply for and accept grants and bequests of funds with the approval of the |
9 | director of administration from other states, interstate agencies and independent authorities, and |
10 | private firms, individuals and foundations, for the purpose of carrying out his or her lawful |
11 | responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt |
12 | account created in the Natural Resources Program for funds made available for that program's |
13 | purposes or in a restricted receipt account created in the Environmental Protection Program for |
14 | funds made available for that program's purposes. All expenditures from the accounts shall be |
15 | subject to appropriation by the general assembly, and shall be expended in accordance with the |
16 | provisions of the grant or bequest. In the event that a donation or bequest is unspecified or in the |
17 | event that the trust account balance shows a surplus after the project as provided for in the grant |
18 | or bequest has been completed, the director may utilize said appropriated unspecified or |
19 | appropriated surplus funds for enhanced management of the department's forest and outdoor |
20 | public recreation areas, or other projects or programs that promote the accessibility of recreational |
21 | opportunities for Rhode Island residents and visitors. |
22 | (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by |
23 | October 1 of each year, a detailed report on the amount of funds received and the uses made of |
24 | such funds. |
25 | (26) To establish fee schedules by regulation with the approval of the governor for the |
26 | processing of applications and the performing of related activities in connection with the |
27 | department's responsibilities pursuant to subdivision (12) of this section, chapter 19.1 of title 23 |
28 | as it relates to inspections performed by the department to determine compliance with chapter |
29 | 19.1 and rules and regulations promulgated in accordance therewith, chapter 18.9 of title 23 as it |
30 | relates to inspections performed by the department to determine compliance with chapter 18.9 |
31 | and the rules and regulations promulgated in accordance therewith, chapters 19.5 and 23 of title |
32 | 23; chapter 12 of title 46 insofar as it relates to water quality certifications and related reviews |
33 | performed pursuant to provisions of the federal Clean Water Act, the regulation and |
34 | administration of underground storage tanks and all other programs administered under chapter |
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1 | 12 of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46 insofar |
2 | as they relate to any reviews and related activities performed under the provisions of the |
3 | Groundwater Protection Act, chapter 23-24.9 as it relates to the regulation and administration of |
4 | mercury-added products, and chapter 17.7 of this title insofar as it relates to administrative |
5 | appeals of all enforcement, permitting and licensing matters to the administrative adjudication |
6 | division for environmental matters. Two (2) fee ranges shall be required: for "Appeal of |
7 | enforcement actions", a range of fifty dollars ($50) to one hundred dollars ($100), and for |
8 | "Appeal of application decisions", a range of five hundred dollars ($500) to ten thousand dollars |
9 | ($10,000). The monies from the administrative adjudication fees will be deposited as general |
10 | revenues and the amounts appropriated shall be used for the costs associated with operating the |
11 | administrative adjudication division. |
12 | There is hereby established an account within the general fund to be called the water and |
13 | air protection program. The account shall consist of sums appropriated for water and air pollution |
14 | control and waste monitoring programs and the state controller is hereby authorized and directed |
15 | to draw his or her orders upon the general treasurer for the payment of such sums or such portions |
16 | thereof as may be required from time to time upon receipt by him or her of properly authenticated |
17 | vouchers. All amounts collected under the authority of this subdivision for the sewage disposal |
18 | system program and fresh waters wetlands program will be deposited as general revenues and the |
19 | amounts appropriated shall be used for the purposes of administering and operating the programs. |
20 | The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of |
21 | each year a detailed report on the amount of funds obtained from fines and fees and the uses made |
22 | of such funds. |
23 | (27) To establish and maintain a list or inventory of areas within the state worthy of |
24 | special designation as "scenic" to include, but not be limited to, certain state roads or highways, |
25 | scenic vistas and scenic areas, and to make the list available to the public. |
26 | (28) To establish and maintain an inventory of all interests in land held by public and |
27 | private land trust and to exercise all powers vested herein to insure the preservation of all |
28 | identified lands. |
29 | (i) The director may promulgate and enforce rules and regulations to provide for the |
30 | orderly and consistent protection, management, continuity of ownership and purpose, and |
31 | centralized records-keeping for lands, water, and open spaces owned in fee or controlled in full or |
32 | in part through other interests, rights, or devices such as conservation easements or restrictions, |
33 | by private and public land trusts in Rhode Island. The director may charge a reasonable fee for |
34 | filing of each document submitted by a land trust. |
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1 | (ii) The term "public land trust" means any public instrumentality created by a Rhode |
2 | Island municipality for the purposes stated herein and financed by means of public funds |
3 | collected and appropriated by the municipality. The term "private land trust" means any group of |
4 | five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode |
5 | Island as a nonbusiness corporation for the purposes stated herein, or a national organization such |
6 | as the nature conservancy. The main purpose of either a public or a private land trust shall be the |
7 | protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other |
8 | natural features, areas, or open space for the purpose of managing or maintaining, or causing to |
9 | be managed or maintained by others, the land, water, and other natural amenities in any |
10 | undeveloped and relatively natural state in perpetuity. A private land trust must be granted |
11 | exemption from federal income tax under Internal Revenue Code 501c(3) [26 U.S.C. § |
12 | 501(c)(3)]within two (2) years of its incorporation in Rhode Island or it may not continue to |
13 | function as a land trust in Rhode Island. A private land trust may not be incorporated for the |
14 | exclusive purpose of acquiring or accepting property or rights in property from a single |
15 | individual, family, corporation, business, partnership, or other entity. Membership in any private |
16 | land trust must be open to any individual subscribing to the purposes of the land trust and |
17 | agreeing to abide by its rules and regulations including payment of reasonable dues. |
18 | (iii) (A) Private land trusts will, in their articles of association or their bylaws, as |
19 | appropriate, provide for the transfer to an organization created for the same or similar purposes |
20 | the assets, lands and land rights and interests held by the land trust in the event of termination or |
21 | dissolution of the land trust. |
22 | (B) All land trusts, public and private, will record in the public records of the appropriate |
23 | towns and cities in Rhode Island all deeds, conservation easements or restrictions or other |
24 | interests and rights acquired in land and will also file copies of all such documents and current |
25 | copies of their articles of association, their bylaws, and annual reports with the secretary of state, |
26 | and with the director of the Rhode Island department of environmental management. The director |
27 | is hereby directed to establish and maintain permanently a system for keeping records of all |
28 | private and public land trust land holdings in Rhode Island. |
29 | (29) The director will contact in writing, not less often than once every two (2) years, |
30 | each public or private land trust to ascertain: that all lands held by the land trust are recorded with |
31 | the director; the current status and condition of each land holding; that any funds or other assets |
32 | of the land trust held as endowment for specific lands have been properly audited at least once |
33 | within the two (2) year period; the name of the successor organization named in the public or |
34 | private land trust's bylaws or articles of association; and any other information the director deems |
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1 | essential to the proper and continuous protection and management of land and interests or rights |
2 | in land held by the land trust. In the event that the director determines that a public or private land |
3 | trust holding land or interest in land appears to have become inactive, he or she shall initiate |
4 | proceedings to effect the termination of the land trust and the transfer of its lands, assets, land |
5 | rights, and land interests to the successor organization named in the defaulting trust's bylaws or |
6 | articles of association or to another organization created for the same or similar purposes. Should |
7 | such a transfer not be possible, then the land trust, assets, and interest and rights in land will be |
8 | held in trust by the state of Rhode Island and managed by the director for the purposes stated at |
9 | the time of original acquisition by the trust. Any trust assets or interests other than land or rights |
10 | in land accruing to the state under such circumstances will be held and managed as a separate |
11 | fund for the benefit of the designated trust lands. |
12 | (30) Consistent with federal standards, issue and enforce such rules, regulations and |
13 | orders as may be necessary to establish requirements for maintaining evidence of financial |
14 | responsibility for taking corrective action and compensating third parties for bodily injury and |
15 | property damage caused by sudden and non-sudden accidental releases arising from operating |
16 | underground storage tanks. |
17 | (31) To enforce, by such means as provided by law, the standards for the quality of air, |
18 | and water, and the location, design, construction and operation of all underground storage |
19 | facilities used for storing petroleum products or hazardous materials; any order or notice issued |
20 | by the director relating to the location, design construction, operation or maintenance of an |
21 | underground storage facility used for storing petroleum products or hazardous materials shall be |
22 | eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice |
23 | to the city or town wherein the subject facility is located, and the order or notice shall be recorded |
24 | in the general index by the appropriate municipal officer in the land evidence records in the city |
25 | or town wherein the subject facility is located. Any subsequent transferee of that facility shall be |
26 | responsible for complying with the requirements of the order or notice. Upon satisfactory |
27 | completion of the requirements of the order or notice, the director shall provide written notice of |
28 | the same, which notice shall be eligible for recordation. The original written notice shall be |
29 | forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory |
30 | completion shall be recorded in the general index by the appropriate municipal official in the land |
31 | evidence records in the city or town wherein the subject facility is located. A copy of the written |
32 | notice shall be forwarded to the owner of the subject facility within five (5) days of a request for |
33 | it, and, in any event, shall be forwarded to the owner of the subject facility within thirty (30) days |
34 | after correction. |
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1 | (32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in |
2 | accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage |
3 | Tank Financial Responsibility Act, as amended. |
4 | (33) To support, facilitate and assist the Rhode Island Natural History Survey, as |
5 | appropriate and/or as necessary, in order to accomplish the important public purposes of the |
6 | survey in gathering and maintaining data on Rhode Island natural history, making public |
7 | presentations and reports on natural history topics, ranking species and natural communities, |
8 | monitoring rare species and communities, consulting on open space acquisitions and management |
9 | plans, reviewing proposed federal and state actions and regulations with regard to their potential |
10 | impact on natural communities, and seeking outside funding for wildlife management, land |
11 | management and research. |
12 | (34) To promote the effective stewardship of lakes and ponds including collaboration |
13 | with associations of lakefront property owners on planning and management actions that will |
14 | prevent and mitigate water quality degradation, the loss of native habitat due to infestation of |
15 | non-native species and nuisance conditions that result from excessive growth of algal or non- |
16 | native plant species. By January 31, 2012, the director shall prepare and submit a report to the |
17 | governor and general assembly that based upon available information provides: (a) an assessment |
18 | of lake conditions including a description of the presence and extent of aquatic invasive species in |
19 | lakes and ponds; (b) recommendations for improving the control and management of aquatic |
20 | invasives species in lakes and ponds; and (c) an assessment of the feasibility of instituting a boat |
21 | sticker program for the purpose of generating funds to support implementation actions to control |
22 | aquatic invasive species in the freshwaters of the state. |
23 | (35) In implementing the programs established pursuant to this chapter, to identify |
24 | critical areas for improving service to customers doing business with the department, and to |
25 | develop and implement strategies to improve performance and effectiveness in those areas. Key |
26 | aspects of a customer service program shall include, but not necessarily be limited to, the |
27 | following components: |
28 | (a) Maintenance of an organizational unit within the department with the express |
29 | purpose of providing technical assistance to customers and helping customers comply with |
30 | environmental regulations and requirements; |
31 | (b) Maintenance of an employee training program to promote customer service across |
32 | the department; |
33 | (c) Implementation of a continuous business process evaluation and improvement effort, |
34 | including process reviews to encourage development of quality proposals, ensure timely and |
| LC005152 - Page 13 of 15 |
1 | predictable reviews, and result in effective decisions and consistent follow up and implementation |
2 | throughout the department, and publish an annual report on such efforts; |
3 | (d) Creation of a centralized location for the acceptance of permit applications and other |
4 | submissions to the department; |
5 | (e) Maintenance of a process to promote, organize, and facilitate meetings prior to the |
6 | submission of applications or other proposals in order to inform the applicant on options and |
7 | opportunities to minimize environmental impact, improve the potential for sustainable |
8 | environmental compliance, and support an effective and efficient review and decision-making |
9 | process on permit applications related to the proposed project; |
10 | (f) Development of single permits under multiple authorities otherwise provided in state |
11 | law to support comprehensive and coordinated reviews of proposed projects. The director may |
12 | address and resolve conflicting or redundant process requirements in order to achieve an effective |
13 | and efficient review process that meets environmental objectives; and |
14 | (g) Exploration of the use of performance-based regulations coupled with adequate |
15 | inspection and oversight, as an alternative to requiring applications or submissions for approval |
16 | prior to initiation of projects. The department shall work with the office of regulatory reform to |
17 | evaluate the potential for adopting alternative compliance approaches and provide a report to the |
18 | governor and the general assembly by May 1, 2015. |
19 | SECTION 2. This act shall take effect upon passage. |
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| LC005152 - Page 14 of 15 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT -- POWERS | |
AND DUTIES OF DIRECTOR | |
*** | |
1 | This act would give the director of the department of environmental management the |
2 | authority to terminate and revoke licenses issued by the department if conditions leading to a |
3 | suspension are not connected. |
4 | This act would take effect upon passage. |
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LC005152 | |
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