2019 -- H 5628

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LC001493

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO WATERS AND NAVIGATION - THE CLIMATE CHANGE COASTAL

ADAPTATION TRUST FUND

     

     Introduced By: Representatives Maldonado, O'Brien, Blazejewski, Serpa, and Carson

     Date Introduced: February 27, 2019

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 46-23.1-3 of the General Laws in Chapter 46-23.1 entitled "The

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Coastal and Estuary Habitat Restoration Program and Trust Fund" is hereby amended to read as

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follows:

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     46-23.1-3. The Rhode Island coastal and estuarine habitat restoration trust fund.

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     (a) Establishment. There is established within the coastal resources management council

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a Rhode Island coastal and estuarine habitat restoration trust fund (the "trust"). On July 1, 2002,

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July 1, 2004 and each July 1st thereafter, two hundred and fifty thousand dollars ($250,000) of

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the fees collected under the uniform oil spill response and prevention statute (§ 46-12.7-4.1) shall

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be deposited into the trust. On July 1, 2019, and each July 1 thereafter, two hundred fifty

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thousand dollars ($250,000) of the fees collected under the climate change coastal adaptation fee

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(§46-23.3-9) shall be deposited into the trust. The trust shall be available for disbursement by the

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council in accordance with the restrictions and purposes of this chapter and subject to an annual

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appropriation by the legislature. The trust may also receive federal, state, municipal, and private

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grants, gifts, or donations. Funds in the trust shall not be used for mitigating any current, planned

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or future projects that degrade, fill, or otherwise destroy coastal or estuarine habitats. Funds in the

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trust shall not be used to fulfill any liability for restoration required by any local, state or federal

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agency pursuant to an environmental or public health enforcement action.

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     (b) Funding of estuary and coastal habitat restoration activities. Factors to be taken into

 

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account by the technical committee for the purposes of granting monies for estuary and coastal

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habitat restoration activities, determining the eligibility of an estuary and coastal habitat

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restoration projects for financial assistance, and in prioritizing the selection of estuary and coastal

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habitat restoration projects by the technical committee shall include, but need not be limited to:

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     (1) Consistency with the state estuary and coastal habitat restoration strategy, the

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Narragansett Bay comprehensive conservation and management plan, the state coastal nonpoint

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pollution control plan, the coastal resources management program, the department of

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environmental management regulations, and pertinent elements of the state guide plan;

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     (2) The ability of the applicant to provide adequate personnel funding, and authority to

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carry out and properly maintain the estuary and coastal habitat restoration activity;

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     (3) The proposed monitoring plan to ensure that short-term and long-term restoration

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goals are achieved;

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     (4) The effectiveness of any nonpoint source pollution management efforts upstream and

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the likelihood of re-impairment;

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     (5) Whether the estuary and coastal habitat restoration activity can be shown to replace

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habitat losses that benefit fish and wildlife resources;

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     (6) Potential water quality improvements;

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     (7) Potential improvements to fish and wildlife habitats for species which are identified

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as rare or endangered by the Rhode Island Natural History Survey or the federal Endangered

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Species Act [16 U.S.C. § 1531 et seq.];

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     (8) The level and extent of collaboration by partners (e.g., municipality, nongovernment

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organization, watershed council, federal agency, etc.); and

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     (9) Potential direct economic benefit to a community or the state.

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     SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

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hereby amended by adding thereto the following chapter:

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CHAPTER 23.3

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THE OCEAN STATE CLIMATE ADAPTATION AND RESILIENCE FUND

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     46-23.3-1. Purpose and findings.

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     (a) Purpose. To enable cities and towns and the state to apply for grants awarded for

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projects that invest in measures that adapt infrastructure on public lands to the impacts of climate

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change to protect or enhance natural systems and habitats and to improve the quality of life and

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economic prosperity of the citizens of the state.

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     (b) Findings.

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     (1) The findings and purpose set forth in § 46-23.1-1 are fully applicable and adopted

 

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herein.

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     (2) The production, transport and use of fossil fuels have significant impacts on the

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environment.

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     (3) The impacts of climate change upon Rhode Island's built and natural environments

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are wide-ranging, discernible and documented, and, in many cases growing in severity and

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include sea level rise, coastal erosion, flooding and storm surge.

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     (4) As of 2016, the range in sea level rise change is projected by the National Oceanic

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and Atmospheric Administration to be a maximum of approximately one foot (1') in 2035, two

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feet (2') in 2050 and up to nine feet (9') by 2100.

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     (5) Annual precipitation has increased by two (2'') inches since 1950 and more intense

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rainfall is flooding low-lying areas and threatening public infrastructure.

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     (6) Climate change has and will continue to pose significant risks for state and municipal

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infrastructure and our environment, public health, welfare, and economic well-being.

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     (7) Providing areas for coastal and estuarine habitats to migrate is essential to preserving

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coastal and marine wildlife resources.

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     (8) Ecosystem services that natural environments provide (e.g. dampening of wave

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energy, flood storage, etc.) are at risk due to climate change and protecting natural systems is

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vital to protecting built infrastructure and is cost effective.

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     (9) Rhode Island infrastructure is at risk and the state must begin to plan and implement

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projects to protect it.

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     (10) Reducing the vulnerability of our infrastructure is vital to the economic prosperity

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and quality of life of the citizens of the state.

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     (11) The state, and Rhode Island cities and towns, need assistance in addressing the

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impacts of climate change including removing vulnerable infrastructure.

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     46-23.3-2. Definitions.

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     The definitions set forth in § 46-23.1-2, unless modified herein, shall also apply to the

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interpretation of this chapter as if fully set forth herein. For the purposes of this chapter, the

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following definitions shall apply:

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     (1) "Adaptation and resilience projects" are those projects on public land, as defined in

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subsection (7) of this section that protect or enhance natural systems and habitats and are

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proposed in a response to climate change impacts as defined in subsection (2) of this section.

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Adaption and resilience projects include those projects that reduce the vulnerability of low-lying

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infrastructure on public land through measures that include removal, relocation, and redesign of

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infrastructure, regrading of banks and revegetation, acquisition of that area of land necessary to

 

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maintain public access, and preserving or securing lateral access along the shoreline.

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     (2) "Climate change impacts" in Rhode Island includes, but are not limited to, sea level

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rise, coastal erosion, flooding and storm surge.

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     (3) "Council" means the coastal resources management council.

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     (4) "Department" means the department of environmental management.

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     (5) "Director" means the director of the department of environmental management.

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     (6) "Infrastructure" means and includes roads, parking lots and other paved surfaces,

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structural shoreline protection facilities, buildings, water control structures, other structures, and

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remnants of coastal development.

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     (7) "Public land(s)" means property owned by state or municipal governments, public and

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private lands dedicated to public use, and lands that provide access to shorelines and riverbanks.

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Public lands include properties where the state or municipality holds an easement for public

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purposes.

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     (8) "Shoreline protection structures" means and includes revetments, bulkheads, seawalls

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and floodwalls, groins, breakwaters, jetties, and other structures, the purpose or effect of which is

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to control the erosion of coastal or river features, and includes any sheet pile walls, concrete or

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stone walls.

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     46-23.3-3. Establishment - The Ocean State climate adaptation and resilience fund.

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     (a) Establishment. There is established within the department of environmental

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management and the coastal resources management council, the ocean state climate adaptation

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and resilience fund (the "OSCAR fund").

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     (b) OSCAR trust fund grants. Factors to be taken into account by the technical committee

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for the purposes of granting monies to municipalities and the state for OSCAR grants,

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determining the eligibility of projects for financial assistance, and in prioritizing the selection of

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projects by the technical committee shall include, but need not be limited to:

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     (1) Consistency with the following where applicable: the council's projections for sea

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level rise, the coastal habitat restoration strategy, the state coastal nonpoint pollution control plan,

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Federal Flood Risk Management Standards, pertinent elements of the state guide plan, the goals

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of the executive climate change coordinating council (EC4), and strict compliance with the

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coastal resources management program and the department of environmental management

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regulations;

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     (2) The ability and authority of the applicant to carry out and properly maintain the

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adaptation project;

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     (3) Whether the project will enhance public access;

 

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     (4) The severity to, or the risk or extent of, infrastructure degradation on public land;

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     (5) The extent of the use by the public of the land;

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     (6) The proposed milestones to ensure that the project is completed as designed and

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approved;

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     (7) Whether the adaptation project can also be shown to create or replace habitat losses

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that benefit fish and wildlife resources;

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     (8) Potential water quality improvements;

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     (9) Potential improvements to fish and wildlife habitats for species which are identified

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as rare or endangered by the Rhode Island natural history survey or the Federal Endangered

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Species Act [16 U.S.C. §1531 et seq.];

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     (10) The level and extent of collaboration by partners (e.g., municipality, nongovernment

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organization, watershed council, federal agency, etc.); and

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     (11) Overall potential benefits to the public and estimated length of time frame of benefit.

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     46-23.3-4. Eligible and Ineligible projects.

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     (a) Funds in the ocean state climate adaptation and resilience (OSCAR) fund shall be

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used solely for adaptation projects as defined in § 46-23.3-2.

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     (b) Funds in the OSCAR fund shall not be used for:

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     (1) Mitigating any current, planned or future projects that degrade, fill, or otherwise

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destroy coastal, estuarine or riverine habitats;

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     (2) Fulfilling any liability for restoration required by any local, state or federal agency

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pursuant to an environmental or public health enforcement action; or

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     (3) Elevating or replacing infrastructure, or constructing new infrastructure, in an existing

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coastal location that is experiencing climate change impact as defined in § 46-23.3-2.

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     (4) Constructing new shoreline protection structures; or

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     (5) Constructing roads or bridges.

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     46-23.3-5. Allocation of the trust.

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     Funds from the OSCAR trust shall be used to carry out the purposes of this chapter as

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follows:

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     (1) The administrative expenses required to carry out the activities of the program as

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described in this chapter not to exceed fifty thousand dollars ($50,000) per agency. The

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department and the council shall be responsible for submitting annual budget requests for its

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administrative and implementation costs of the program;

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     (2) The design, planning, engineering, construction, and monitoring of adaptation

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projects as described in this chapter; and

 

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     (3) The climate change coastal adaptation projects that are approved by the department

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and the council upon recommendation of the technical advisory committee. Only grants approved

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through the process established by the agencies shall be eligible for funding under this program.

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     46-23.3-6. Technical advisory committee.

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     Members of the technical advisory committee shall include representatives from the

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department, the council, statewide planning, and Rhode Island emergency management authority.

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The technical advisory committee shall serve as an advisory board to the department, council and

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the program staff throughout this process.

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     46-23.3-7. Disbursement process.

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     (a) The department and the council shall establish and execute an annual process for the

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solicitation, evaluation and award of grants for projects that meet the requirements set forth in in

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this chapter.

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     (b) The department and the council shall submit to the governor and the general assembly

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during annual budget preparations a list of adaptation project proposals that have received a

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positive review by the technical advisory committee and require funds from the trust to proceed

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with the design, planning, construction or monitoring during the ensuing year.

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     (c) Nothing contained in this chapter is intended to abrogate or affect the existing powers

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of the department of environmental management or the coastal resources management council.

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     46-23.3-8. Financing of the OSCAR fund.

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     (a) The fund shall consist of the following sources:

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     (1) Sums the legislature may appropriate;

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     (2) Monies received from federal, state, or other sources, including bond funds, for the

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purpose of climate adaptation;

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     (3) Monies received from any private donor for the OSCAR fund;

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     (4) The fee required pursuant to § 46-23.3-9; and

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     (5) Any interest earned on the monies in the fund.

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     46-23.3-9. Uniform climate change adaptation fee.

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     (a) A uniform climate change adaptation fee in an amount not exceeding five cents ($.05)

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for each barrel of petroleum products, as set by the director pursuant to subsection (d) of this

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section, shall be imposed upon every person owning petroleum products at the time the petroleum

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products are received at a marine terminal within this state by means of a vessel from a point of

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origin outside this state. The fee shall be remitted to the division of taxation on the thirtieth day of

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each month based upon the number of barrels of petroleum products received during the

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preceding month.

 

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     (b) Every owner of petroleum products shall be liable for the fee until it has been paid to

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the state, except that payment to a marine terminal operator registered under this chapter is

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sufficient to relieve the owner from further liability for the fee; provided, however, that the fee for

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asphalt products and asphalt derivatives shall be one cent ($.01) per barrel of asphalt products or

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derivatives.

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     (c) Whenever the director, in consultation with the department and the division of

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taxation, estimates that the amount in either fund will reach the amount specified in subsection (e)

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of this section, and the money in the fund is not required for the purposes specified in § 46-23.3-

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1, the director shall instruct the division of taxation to cease collecting the fee.

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     (d) The division of taxation, except for the fee set out in subsection (b) of this section,

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shall not set the amount of the fee at less than five cents ($0.05) for each barrel of petroleum

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products or crude oil, unless the director finds that the assessment of a lesser fee will cause the

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fund to reach the designated amount within six (6) months.

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     (e) For the purposes of this chapter, "designated amount" means an amount equal to ten

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million dollars ($10,000,000), adjusted for inflation after January 1, 2019, according to an index

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which the director may reasonably choose.

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     (f) All fees collected pursuant to this section shall be deposited in the rivers and coastal

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adaptation fund, and shall be disbursed according to the purposes expressed in § 46-23.3-1.

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     (g) Notwithstanding the provisions of subsection (f) of this section, on July 1, 2019 and

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each July 1 thereafter, two hundred fifty thousand dollars ($250,000) of the fees collected under

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this section shall be deposited into the coastal and estuarine habitat restoration trust fund (the

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"trust").

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     46-23.3-10. Regulations.

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     The council and the director may adopt all rules and regulations necessary for the

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administration and enforcement of this chapter.

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     SECTION 3. This act shall take effect on July 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION - THE CLIMATE CHANGE COASTAL

ADAPTATION TRUST FUND

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     This act would establish Ocean State Climate Adaptation and Resilience Fund (OSCAR)

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which provides grants to fund projects that adapt infrastructure on public lands to address impacts

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of climate change; identifies eligible/ineligible projects, allocation, disbursements, and financing

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of the fund.

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     This act would take effect on July 1, 2019.

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