2019 -- H 6151

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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 STATE AFFAIRS AND GOVERNMENT -- THE EXECUTIVE OFFICE OF

ENVIRONMENTAL MANAGEMENT

     Introduced By: Representatives Mendez, O'Brien, Shanley, and Fellela

     Date Introduced: May 24, 2019

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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

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

CHAPTER 17.11

EXECUTIVE OFFICE OF ENVIRONMNETAL MANAGEMENT

     42-17.11-1. Short title.

     This chapter shall be known and may be cited as the "Executive Office of Environmental

Management Act."

     42-17.11-2. Statement of intent.

     This purpose of this chapter is to establish the executive office of environmental

management.

     42-17.11-3. Definitions.

     When used in this chapter, the following words are construed as follows:

     (1) "Office" means the executive office of environmental management established

pursuant to § 42-17.11-4.

     (2) "Secretary" means the secretary of environment administering the executive office of

environmental management.

     42-17.11-4. Executive office of environmental management.

     There is hereby established within the executive branch of state government an executive

office of environmental management to serve as the principal agency of the executive branch of

state government for managing the department of environmental management (DEM) and coastal

resources management council (CRMC).

     42-17.11-5. Secretary of environment.

     (a) The executive office of environmental management shall be administered by a

secretary of environment (the "secretary"). The position of secretary is hereby created in the

unclassified service. The secretary shall be appointed by the governor, and shall be subject to

advice and consent of the senate. The secretary shall hold office at the pleasure of the governor

and until a successor is appointed and qualified. Before entering upon the discharge of duties, the

secretary shall take an oath to faithfully execute the duties of the office.

     (b) In the case of a vacancy in the office of secretary, or in the case of disability, as

determined by the governor, or in his or her absence, the governor may designate an acting

secretary until the vacancy is filled or the absence, or disability, as determined by the governor,

ceases. The acting secretary shall have all the powers and duties of the secretary.

     42-17.11-6. Powers and duties of secretary.

     (a) In order to enable the secretary to coordinate and improve the operations of all

departments, divisions and other administrative units within the office concerning environmental

matters, the secretary shall have the following powers and duties concerning any power or duty

assigned to any such department, division or other administrative unit:

     (1) The power and duty to resolve administrative and jurisdictional conflicts between any

such agencies or officers;

     (2) The power and duty to implement, upon request of any such agency or officer,

programs jointly agreed to by the secretary and such agency or officer;

     (3) The power and duty to coordinate and improve program activities involving two (2)

or more such agencies or officers.

     (b) The secretary shall direct the appropriate department or agency, consistent with state

law, to adopt, and from time to time amend rules, regulations, procedures, standards, guidelines,

and policies.

     42-17.11-7. Cooperation of other state executive branch agencies.

     As may be appropriate from time to time, the departments and other agencies of the state

of the executive branch that have not been assigned to the executive office of environmental

management under this chapter shall assist and cooperate with the executive office as may be

required by the governor or requested by the secretary.

     42-17.11-8. Applicability.

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     Nothing in this chapter shall change, transfer or interfere with, or limit or otherwise

restrict the general assembly's sole authority to appropriate and re-appropriate fiscal resources to

the departments; the statutory or regulatory duties of the directors of the departments, or the

appointing authority for the employees of the departments vested in the directors under applicable

general and public laws.

     42-17.11-9. Rules and regulations.

     The secretary shall promulgate rules and regulations to implement, administer and

enforce this chapter and shall interpret this chapter and any regulations adopted hereunder

consistent with the secretary's power to enforce the laws. These rules and regulations shall

include provisions for the review of enforceable provisions of relevant statutes and regulations.

     SECTION 2. Section 46-23-4.1 of the General Laws in Chapter 46-23 entitled "Coastal

Resources Management Council" is hereby amended to read as follows:

     46-23-4.1. The commissioner of coastal resources management.

     The council secretary of environment shall engage appoint a commissioner of coastal

resources management who shall be an employee of the council and who shall not be a member

of the council. The commissioner shall coordinate and liaison with the director of the department

of environmental management, and his or her staff shall be at the same staff level as the other

commissioners and shall work directly with the other commissioners. The commissioner of

coastal resources management shall be in the unclassified service. The duties and powers of the

commissioner of coastal resources management shall be determined by the council secretary of

environment. The council shall not engage a commissioner of coastal resources management for

more than five (5) years; provided, however, that the council may renew its contract with the

commissioner of coastal resources management. The commissioner of coastal resources

management shall serve at the pleasure of the secretary of environment.

     SECTION 3. 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 -- THE EXECUTIVE OFFICE OF

ENVIRONMENTAL MANAGEMENT

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     This act would establish an executive office of environmental management and the

position of secretary of environment and would provide for the establishment of an ocean

management plan.

     This act would take effect upon passage.

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