2017 -- H 5174 SUBSTITUTE A

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LC000385/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

     Introduced By: Representatives Keable, O`Grady, Winfield, and Fogarty

     Date Introduced: January 19, 2017

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-17.1-2 and 42-17.1-4 of the General Laws in Chapter 42-17.1

entitled "Department of Environmental Management" are 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; the 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 that 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,

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 § 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 commerce 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

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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

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 transmission 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 § 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 § 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 §§ 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 § 46-6.1-

5(3) and the comprehensive program provided for in § 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

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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

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;

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     (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. Any license suspended under such rules,

regulations, and/or orders shall be terminated and revoked if the conditions that led to the

suspension are not corrected to the satisfaction of the director within two (2) years; provided that

written notice is given by certified mail, return receipt requested, no less than sixty (60) days

prior to the date of termination.

     Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a

contested licensing matter shall occur where resolution substantially deviates 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

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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

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

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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;

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

regulation within his or her jurisdiction that 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;

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     (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

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), 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

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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

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); 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 §

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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 24.9 of title 23 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 ($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;

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     (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

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. § 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-year (2) 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

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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

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;

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

accordance with § 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

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, rivers and streams

including, but not limited to, including collaboration with watershed organizations and

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

and mitigate water quality degradation, reduce the loss of native habitat due to infestation of non-

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

native plant species as well as promote healthy freshwater riverine ecosystems. 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; and

     (35) In implementing the programs established pursuant to this chapter, to identify

critical areas for improving service to customers doing business with the department, and to

develop and implement strategies to improve performance and effectiveness in those areas. Key

aspects of a customer-service program shall include, but not necessarily be limited to, the

following components:

     (a) Maintenance of an organizational unit within the department with the express purpose

of providing technical assistance to customers and helping customers comply with environmental

regulations and requirements;

     (b) Maintenance of an employee-training program to promote customer service across the

department;

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     (c) Implementation of a continuous business process evaluation and improvement effort,

including process reviews to encourage development of quality proposals; ensure timely and

predictable reviews; and result in effective decisions and consistent follow up and implementation

throughout the department; and publish an annual report on such efforts;

     (d) Creation of a centralized location for the acceptance of permit applications and other

submissions to the department;

     (e) Maintenance of a process to promote, organize, and facilitate meetings prior to the

submission of applications or other proposals in order to inform the applicant on options and

opportunities to minimize environmental impact; improve the potential for sustainable

environmental compliance; and support an effective and efficient review and decision-making

process on permit applications related to the proposed project;

     (f) Development of single permits under multiple authorities otherwise provided in state

law to support comprehensive and coordinated reviews of proposed projects. The director may

address and resolve conflicting or redundant process requirements in order to achieve an effective

and efficient review process that meets environmental objectives; and

     (g) Exploration of the use of performance-based regulations coupled with adequate

inspection and oversight, as an alternative to requiring applications or submissions for approval

prior to initiation of projects. The department shall work with the office of regulatory reform to

evaluate the potential for adopting alternative compliance approaches and provide a report to the

governor and the general assembly by May 1, 2015.

     42-17.1-4. Divisions within department.

     Within the department of environmental management there are established the following

divisions:

     (1) A division of parks and recreation that shall carry out those functions of the

department relating to the operation and maintenance of parks and recreation areas and the

establishment and maintenance of such additional recreation areas as may from time to time be

acquired and such other functions and duties as may from time to time be assigned by the

director;

     (2) A division of fish and wildlife that shall carry out those functions of the department

relating to the administration of hunting, fishing, and shell fisheries; the preservation of wetlands,

marsh lands, freshwater lakes, streams, ponds, and wildlife; and such other functions and duties

as may from time to time be assigned by the director;

     (3) A division of agriculture that shall carry out those functions of the department relating

to agriculture, and such other functions and duties as may from time to time be assigned by the

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director, including, but not limited to, plant industry, farm viability, marketing and promotion,

farmland ecology and protection, plant and animal health and quarantine, pesticides, mosquito

abatement, pest survey and response, food policy and security, and, in collaboration with the

department of health, public health as it relates to farm production and direct marketing of farm

products, and those agreed upon through memorandum of agreement with the department of

health or other state agencies. The department of health shall continue to act as the lead agency

for all public health issues in the state pursuant to chapter 1 of title 23. Nothing herein contained

shall limit the department of health's statutory authority, nor shall any provision herein be

construed as a limitation upon the statutory authority of the department of health granted to the

department under title 23 of the general laws, nor shall any provision herein be construed to limit

the authority of the department of environmental management to enter into memoranda of

agreement with any governmental agency. The chief of the division of agriculture shall report

directly to the director.

     (4) A division of coastal resources that shall carry out those functions of the department

relating to harbors and harbor lines, pilotage, flood control, shore development, construction of

port facilities, and the registration of boats and such other functions and duties as may, from time

to time, be assigned by the director, except that the division shall not be responsible for the

functions of inspection of dams and reservoirs, approving plans for construction or improvement

of dams, reservoirs, and other structures in non-tidal waters, and the operation of stream-gauging

stations in cooperation with the United States Geological Survey, and provided, further, that the

division and its staff shall be responsible through the director of environmental management, to

the coastal resources management council, and the chief and the staff of the division shall serve

as staff to the council;

     (5) A division of planning and development that shall carry out those functions of the

department relating to planning, programming, acquisition of land, engineering studies, and such

other studies, as the director may direct, and that shall work with the board of governors for

higher education and the board of regents for elementary and secondary education, with

educational institutions at all levels, and with the public in the dissemination of information and

education relating to natural resources, and shall perform the publication and public relations

functions of the department, the functions of inspection of dams and reservoirs, approving plans

for construction or improvement of dams, reservoirs, and other structures in non-tidal waters, and

the operation of stream-gauging stations in cooperation with the United States Geological Survey;

     (6) A division of enforcement that shall enforce all of the laws and regulations of the

department and the coastal resources management council, that shall cooperate with the other

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enforcement agencies of the state and its municipalities, and that shall administer all of the

policing, enforcing, licensing, registration, and inspection functions of the department and such

other functions and duties as may, from time to time, be assigned by the director;

     (7) A division of forest environment that shall carry out those functions of the department

relating to the administration of forests and natural areas, including programs for utilization,

conservation, forest fire protection, and improvements of these areas; assisting other agencies and

local governments in urban programs relating to trees, forests, green belts, and environment and

such other functions and duties as may, from time to time, be assigned by the director; and

     (8) (i) A division of boating safety that shall carry out those functions of the department

relating to the development and administration of a coordinated, safe boating program in

accordance with the Model Safe Boating Act of 1971 as approved by the National Association of

State Boating Law Administrators.

     (ii) Administration of the division of boating safety shall be the responsibility of the state

boating law administrator whose duties shall include:

     (A) The enforcement of all laws relating to the act; and

     (B) The powers vested in the state boating law administrator and boating safety

enforcement officer shall include the enforcement of laws, rules and regulations relating to

"Regulation of Boats," chapter 22 of title 46 and shall also include the power to:

     (I) Execute all warrants and search warrants for the violation of laws, rules, and

regulations relating to the act.

     (II) Serve subpoenas issued for the trial of all offenses hereunder.

     (III) To carry firearms or other weapons, concealed or otherwise, in the course of, and in

performance of, their duties under this chapter.

     (IV) To arrest without warrant and on view any person found violating any law, rule, or

regulation relating to the act; take that person before a court having jurisdiction for trial; detain

that person in custody at the expense of the state until arraignment; and to make and execute

complaints within any district to the justice or clerk of the court against any person for any of the

offenses enumerated under the act committed within the district.

     (V) Boating safety enforcement officers shall not be required to give surety for costs

upon any complaint made by him or her.

     (iii) The development and administration of a coordinated, safe boating program.

     (iv) The establishment and enforcement of such rules and regulations as are deemed

necessary to achieve the purposes of the Model Safe Boating Act as approved by the state boating

law administrators.

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     (v) The state boating law administrator shall serve as the liaison to the United States

Coast Guard.

     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 STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

***

     This act would place oversight of freshwater lakes, streams, and ponds in the fish and

wildlife division of the department of environmental management.

     This act would take effect upon passage.

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