2016 -- H 8148

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LC005806

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY - AGRICULTURE FUNCTIONS OF

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

     Introduced By: Representatives Handy, Serpa, and Shekarchi

     Date Introduced: May 04, 2016

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 2-1-20.1 of the General Laws in Chapter 2-1 entitled "Agricultural

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

     2-1-20.1. Rules and regulations. -- (a) The director is authorized to adopt, modify, or

repeal rules and regulations that are in accord with the purposes of §§ 2-1-18 -- 2-1-27 and are

subject to the administrative procedures act, chapter 35 of title 42, except for those freshwater

wetlands located in the vicinity of the coast as set out in chapter 23 of title 46 which shall be

regulated by the coastal resources management council consistent with the provisions of chapter

23 of title 46 and §§ 2-1-18 -- 2-1-20.1 and 2-1-27.

      (b) The director is authorized to establish jurisdictional areas through regulation. The

rules and regulations promulgated pursuant to § 2-1-20.1 shall apply within the jurisdictional

areas defined in § 2-1-20 and subject to the provisions of § 2-1-22(k) and to activities as provided

for in § 2-1-21.

      (c) Within twelve (12) eighteen (18) months from enactment of this section, the

department and the coastal resources management council shall promulgate standards for

freshwater wetland buffers and setbacks into state rules and regulations pursuant to their

respective authorities. The department and the coastal resources management council shall

collaborate to develop the state standards for freshwater buffers and setbacks that will be

incorporated into the programs of both agencies. State regulations designating buffers shall

include a procedure that allows a municipality to petition the agency director with jurisdiction to

increase the size of the buffer within the designated jurisdictional area protecting one or more

freshwater wetland resources.

      (d) In developing standards specified in § 2-1-20.l(c), the department and the coastal

resources management council shall take into consideration agricultural and plant-based green

infrastructure practices and activities, while ensuring protection of the state's natural resources. In

setting criteria, the department shall take into account, at a minimum, existing land use, watershed

and wetland resource characteristics, and the type of activity including acceptable best

management practices. The director shall establish by appointment an advisory work group to

facilitate input on the development of criteria for freshwater wetland setbacks and buffers

applicable to agricultural activities and plant-based green infrastructure. The advisory group shall

include, at minimum, the following: one representative from the Rhode Island Farm Bureau, one

representative of the Rhode Island nursery and landscape association, one representative of the

department of environmental management agency agricultural advisory committee, an operator of

a small-scale agricultural enterprise, and one professional with expertise in soil and water

conservation practices.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY - AGRICULTURE FUNCTIONS OF

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

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     This act would extend by six (6) months, the deadline for the department of

environmental management and the coastal resources management council to promulgate

standards for freshwater wetland buffers and setbacks into state rules and regulations.

     This act would take effect upon passage.

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