2019 -- S 0658

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LC001209

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND GLOBAL

WARMING SOLUTIONS ACT

     Introduced By: Senators Euer, McCaffrey, Sosnowski, Goodwin, and Conley

     Date Introduced: March 21, 2019

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings. The general assembly hereby finds and declares that:

     (1) Global warming presents a substantial threat to the preservation of the natural

resources of the state and to the use and enjoyment of those resources by the people of the state;

     (2) There is broad scientific consensus that human activity, including especially human

activity which results in greenhouse gas emissions, is a major cause of global warming;

     (3) The Executive Climate Change Coordinating Council has found, in its December

2016 Greenhouse Gas Emissions Reduction Plan, that beyond 2020 "business as usual" in Rhode

Island will not enable Rhode Island to meet regionally accepted targets for necessary greenhouse

emission reductions for 2035 and 2050;

     (4) The Rhode Island Infrastructure Bank, in its July 2018 in Resilient Rhody Actionable

Vision, has shown the substantial risks that global warming and climate change pose to public

health, safety and general welfare in Rhode Island;

     (5) Major reports in autumn 2018, the United Nations Intergovernmental Panel on

Climate Change and the United States Fourth National Climate Assessment, show that the need

for effective action has intensified and that more needs to be done sooner to reduce greenhouse

emissions if the likelihood of dire outcomes is going to be mitigated;

     (6) Massachusetts and Connecticut have adopted global warming solutions acts with

enforceable goals for greenhouse gas emissions reductions, and the Massachusetts Act is

especially germane for Rhode Island due to the ecological connection of the two states in the

Narragansett Bay watershed and the economic connection of the two states in the Boston

metropolitan combined statistical area, and

     (7) Specific neighborhoods and communities in Rhode Island have worse environmental

quality and higher incidences of environmentally related preventable disease than other areas in

the state, and global warming can worsen such inequitable health outcomes in Rhode Island.

     SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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

CHAPTER 6.3

RHODE ISLAND GLOBAL WARMING SOLUTIONS ACT

     42-6.3-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Global Warming

Solutions Act."

     42-6.3-2. Legislative purpose.

     It is the purpose of this chapter:

     (1) To require Rhode Island to meet the obligations established in Section 17 Article I of

the Rhode Island Constitution in the face of global warming;

     (2) To provide a means for Rhode Island to meet its greenhouse gas emissions reduction

goals set forth in regional, national, and international agreements to which it has pledged support,

including as a minimum, the targets set forth in the resilient Rhode Island act of 2014 and has

made mandatory by this chapter;

     (3) To address issues of environmental justice, as defined, in this chapter;

     (4) To facilitate the development of the economy of the state in a manner that secures its

on-going viability and resilience as the use of greenhouse gas emitting energy resources declines;

and

     (5) To provide a defined, transparent administrative structure, which to the extent feasible

utilizes established departments and administrative processes, to accomplish the foregoing

purposes through 2050.

     42-6.3-3. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings

unless the context shall clearly indicate another or different meaning or intent:

     (1) "1990 level" means 12.48 million metric tons of carbon dioxide equivalent emissions

per annum, as set forth in the Rhode Island greenhouse gas emission reduction plan published by

the executive climate change coordinating council's December 2016 report.

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     (2) "Alternative compliance mechanism" means an action undertaken by a greenhouse

gas emission source that achieves the carbon dioxide equivalent reduction of greenhouse gas

emissions over the same time period as a direct emissions reduction, that is approved in advance

by the director and that is real, permanent, quantifiable, verifiable and enforceable.

     (3) "Buildings" or "building sector" means all buildings and structures, including, without

limitation, single-family residences, multi-family residences, small business and commercial

structures, large commercial and industrial structures, factories of all types, transportation depots

and stations, and office buildings.

     (4) "Carbon dioxide equivalent" means the amount of carbon dioxide by weight that

would produce the same global warming impact as a given weight of another greenhouse gas,

based on the best available science, including from the Intergovernmental Panel on Climate

Change.

     (5) "Delivered fuels" means natural gas, oil, propane gas, and coal used for heating of

buildings.

     (6) "Direct emissions" means emissions from generating sources geographically located

in the state.

     (7) "Director" means the director of the department of environmental management acting

in his or her capacity as head of the office of implementation of the global warming solutions act.

     (8) "Electricity sector" means the commercial generation, transmission, and distribution

of electricity and programs affecting electrical, efficiency, and types of generation.

     (9) "Emission" means emission of a greenhouse gas into the air.

     (10) "Emissions reduction measures" means programs, measures, standards, and

alternative compliance mechanisms authorized pursuant to this chapter, applicable to sources or

categories of sources that are designed to reduce emissions of greenhouse gases.

     (11) "Emissions reduction plan" means a plan, promulgated pursuant to § 42-6.3-5 (d)(i),

for achieving emissions reductions that need to be achieved within a specified period of time in

order have reasonable assurance that the emissions targets established as mandatory by this

chapter are met.

     (12) "Enforceable" means subject to enforcement through a legal action brought pursuant

to § 42-6.3-7.

     (13) "Entity" means a natural person, an agency or political subdivision of Rhode Island,

a public or private corporation or authority, a limited liability company, partnership, or limited

liability partnership, or a trust, firm, joint stock company, association or other entity or group

thereof or an officer, employee or agent thereof.

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     (14) "Environmental justice" means the fair treatment and meaningful involvement of all

people regardless of race, color, national origin, English language proficiency, or income with

respect to the development, implementation and enforcement of the provisions of this chapter and

regulations, plans and programs pursuant thereto.

     (15) "Facility" means a building, structure or installation located on contiguous or

adjacent properties of an entity.

     (16) "Greenhouse gas" means any chemical or physical substance that is emitted into the

air and that the director may reasonably anticipate will cause or contribute to climate change

including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,

perfluorocarbons and sulfur hexafluoride.

     (17) "Greenhouse gas emissions source" means a source, or category of sources, of

greenhouse gas emissions with emissions that are at a level of significance, as determined by the

director, that its participation in the program established under this chapter will enable the

director to effectively reduce greenhouse gas emissions and monitor compliance with the

statewide greenhouse gas emissions limit.

     (18) "Implementing plan" means a plan for achieving emissions reduction measures

within a specific sector pursuant to § 42-6.3-5(d)(2).

     (19) "Indirect electricity emissions" means emissions associated with the consumption of

purchased electricity within the state where such electricity is purchased from the electricity grid

operated by the Independent System Operator-New England, or any successor approved by the

Federal Energy Regulatory Commission.

     (20) "Leakage" means the offset of a reduction in emissions of greenhouse gases within

Rhode Island by a direct, casually linked increase in emissions of greenhouse gases outside

Rhode Island.

     (21) "Market-based compliance mechanism" means a system of market-based declining

annual aggregate emissions limitations for sources or categories of sources that emit greenhouse

gases; or greenhouse gas emissions exchanges, banking, credits and other transactions governed

by rules and protocols established by the director or the regional greenhouse gas initiative, that

result in the same greenhouse gas emissions reduction, over the same time period, as direct

compliance with a greenhouse gas emissions limit or emission reduction measure adopted by the

executive office pursuant to this chapter; or an economy wide price on all carbon emitted in

Rhode Island; or any combination of the foregoing.

     (22) "Office" means the global warming solutions implementation office (GloWS

implementation) in the department of environmental management.

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     (23) "Person" means a person that owns or operates, in whole or in part, a source of

greenhouse gas emissions from a generator of electricity or a commercial or industrial site

including, but not limited to, a transportation fleet.

     (24) "Science and technical advisory board (STAB)" means the science and technical

advisory board established by § 42-6.2-5.

     (25) "Statewide greenhouse gas emissions" means the total annual emissions of

greenhouse gases in Rhode Island from all sources, including direct electricity emissions, indirect

electricity emissions, greenhouse gas emissions from the transportation sector, and greenhouse

gas emissions from the building sector.

     (26) "Statewide greenhouse gas emissions reduction mandate" means the maximum

allowable level of statewide greenhouse gas emissions in a given year, as set forth in § 42-6.3-4.

     (27) "Transportation sector" means all modes of transportation that facilitate the

movement of people and goods in all areas of the state and recognized as components of the

transportation system for purposes of the state's long-range transportation plan.

     42-6.3-4. Statewide greenhouse gas emission reduction mandate.

     (a) Mandatory targets for emission reduction. It is hereby established that it is the public

policy of the state that the statewide greenhouse gas emissions shall be the targets set forth in §

42-6.2-2(a)(2), as those targets may be from time to time revised and that these targets shall be

mandatory under the provisions of this chapter. The targets at the time of the enactment of this

chapter are that greenhouse gas emissions shall be ten percent (10%) below 1990 levels by 2020,

shall be forty-five percent (45%) below 1990 levels by 2035, and shall be eighty percent (80%)

below 1990 levels by 2050.

     (b) Intermediate statewide greenhouse gas emission reduction mandates for planning and

implementing purposes shall be established and enforceable through an emissions reduction plan

for 2035 and an emissions reduction plan for 2050 promulgated pursuant to § 42-6.3-5(d)(1).

     (c) Revised statewide greenhouse gas emission reduction mandate. The statewide

greenhouse gas emission reduction mandate may be revised and updated by rule, by the director

as follows:

     (1) That the director finds:

     (i) In consultation with the science and technical advisory board, that there is scientific

consensus that the targets set forth in in § 42-6.2-2(a)(2) are not sufficient to meet the purposes of

this chapter; and

     (ii) An adjoining state has raised its mandatory emission reduction goals to a level higher

than set forth in § 42-6.2-2(a)(2); or

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     (iii) There is either a regional agreement in which Rhode Island participates or federal

standards with emissions reduction goals at a level higher than set forth in in § 42-6.2-2(a)(2);

and

     (2) Provided, further that the finding specified in subsection (c)(1) of this section has

been included in an annual report required by § 42-6.3-6 and is not restricted or limited by law, in

which case the restriction or limitation shall govern the level of revision or update to the

statewide greenhouse gas emission reduction mandate.

     (3) The effective date of the rule promulgated for the revised statewide greenhouse gas

emission reduction mandate shall not be earlier than January 1 of the year next following the year

of the submission of the annual report containing the findings herein required.

     42-6.3-5. Rhode Island office of global warming solutions implementation

established.

     (a) Within the department of environmental management there shall be a Rhode Island

office of global warming solutions implementation (GloWS Implementation). For purposes of

this chapter, the following agencies shall be participating agencies in the office: the department of

environmental management, the office of energy resources, the energy efficiency and resources

management council, the department of transportation, the department of administration-

statewide planning program, including, but not limited to, its duties as the metropolitan planning

organization, the department of health, the Rhode Island public transit authority (RIPTA), the

building code standards committee, the state building commissioner, the Rhode Island

infrastructure bank, and such other agencies as may be assigned to it by the governor.

     (b) Powers and duties the director.

     (1) The director of the department of environmental management shall be the director of

the office and shall ensure that the requirements of the Rhode Island global warming solutions act

shall be met in all respects.

     (2) The director shall have authority to issue rules and regulations pursuant to chapter 35

of title 42 in order to ensure that the requirements and the purposes of the Rhode Island global

warming solutions act are met.

     (3) The director shall exercise overall supervisory functions, to ensure that the statewide

greenhouse gas emission reduction mandate established by subsection (4) of this section shall be

satisfied in every year including, without limitation: assisting and overseeing the commissioner of

the office of energy resources, the director of the department of transportation, and the state

building commissioner in carrying out the functions described in subsection (d)(2) of this section.

     (4) The director shall have such additional powers and duties as may be reasonably

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necessary to ensure that the statewide greenhouse gas emission reduction mandate established by

§ 42-6.3-4 are met.

     (5) The director shall appoint a rules coordinator as required by § 42-35-2.1. The rules

coordinator shall be responsible for the coordination of all rule making required by this chapter

and, in order to enable an integrated understanding and application of the rules, and to promote

public transparency and convenience, shall establish and provide, to the extent feasible, a

common schedule for meetings, and hearings by sector lead agencies as needed to meet their rule

making obligations under this chapter.

     (6) Reporting. The director shall prepare and submit annual reports as required by § 42-

6.3-6.

     (c) Major sector lead agencies.

     (1) Designation of lead agencies. The lead agency for the transportation sector shall be

the director of the department of transportation. The lead agency for the building sector shall be

the building code standards committee. The lead agency for the electricity sector shall be the

office of energy resources.

     (2) Powers and duties of lead agencies. Acting through their chief administrative officer,

the major sector lead agencies shall have the power and the duty to develop, promulgate, and

implement implementing plans as provided for in subsection (d)(2) of this section.

     (d) Planning functions.

     (1) Emissions reduction plans. Not later than May 31, 2020, the director shall promulgate

by rule an emissions reduction plan for 2035 that provides, consistent with the purposes of this

chapter, measurable incremental, enforceable goals for statewide greenhouse gas emission

reductions on not greater than a five (5) year basis that enable meeting the statewide greenhouse

gas emissions reduction mandate for 2035, and not later than May 31, 2036, the director shall

promulgate by rule an emissions reduction plan for 2050 that provides measurable incremental,

enforceable goals for statewide greenhouse gas emission reductions on not greater than a five (5)

year basis that enable meeting the statewide greenhouse gas emissions reduction mandate for

2050. Statewide planning shall consult with the director in the preparation of the emission

reduction plans, which shall be in a form and format suitable for adoption as elements of the state

guide plan. Broad interagency involvement in the preparation of these plans will be managed by

the executive climate change coordinating council, which shall conduct at least one community

review public scoping session for the preparation emissions reduction plan for 2035 not later than

September 15, 2019, and one community review meeting of on a draft emissions reduction plan

not later than December 31, 2019. The director shall by rule revise a duly adopted emission

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reduction to take into account any revisions to the statewide greenhouse gas emission reduction

mandate adopted pursuant to § 42-6.3-4(c).

     (2) Implementing plans. Consultation and specific goals. In developing and implementing

plans and rules:

     (i)(A) The office of energy resources shall, in consultation with the energy efficiency and

resources management council and the division of public utilities, develop an implementing plan

for the electrical sector;

     (B) The department of transportation shall, in consultation with the Rhode Island public

transit authority (RIPTA) and with the statewide planning program in its capacity as the

metropolitan planning organization for transportation planning, develop an implementing plan for

the transportation sector; and

     (C) The building commissioner shall, in consultation with the building code standards

committee, utilizing to the maximum extent the authority provided in § 23-27.3-100.1.3, with the

Rhode Island housing resources commission and with the Rhode Island housing and mortgage

finance corporation, develop an implementing plan for the building sector.

     (ii) No later than December 1, 2020, the chief administrative officer of each sector lead

agency shall promulgate, through an implementing plan, such mandatory and enforceable

regulations that the chief administrative officer believes are reasonably necessary to achieve, for

the period ending December 31, 2035, the statewide greenhouse gas emission reduction mandate

established pursuant to this chapter as that mandate pertains to both direct emissions and, as

appropriate, indirect electrical emissions; and no later than December 31, 2035, the chief

administrative officer of the sector lead agency shall promulgate through an implementing plan ,

such mandatory and enforceable regulations that the chief administrative officer believes are

reasonably necessary to achieve, for the period ending December 31, 2050, the statewide

greenhouse gas emission reduction mandate established pursuant to this chapter as that mandate

pertains to both direct emissions and, as appropriate, indirect electrical emissions.

     (iii) In developing and promulgating the implementing plans, which shall be consistent

with the purpose of this chapter, and regulations required by this subsection, the chief

administrative officer shall:

     (A) Evaluate the total potential costs and economic and noneconomic benefits of various

reduction measures to the economy, environment and public health, using the best available

models, emissions estimation techniques, and scientific methods;

     (B) Take into account the relative contribution of each source or category of sources of

statewide greenhouse gas emissions from direct and indirect emissions and shall include in the

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regulations a de minimis threshold of greenhouse gas emissions below which emissions reduction

requirements shall not apply;

     (C) Conduct public meetings on the proposed regulations required by § 42-6.3-5(d)(2)(i).

The chief administrative officer shall conduct a portion of these workshops in communities that

have the most significant exposure to air pollutants, including, but not limited to, communities

with minority populations, communities with low-income populations, or both;

     (D) Consider and address issues of leakage or potential leakage;

     (E) Consult with the science and technical advisory board (STAB) of the executive

climate change coordinating council, created by § 42-6.3-5, to assure that the implementing plan

is based on "the best available science and technical information" in the opinion of the STAB;

and

     (F) Take into account benefits to Rhode Island of participation in regional, multi-state

and national programs for greenhouse gas emissions reductions;

     (iv) In developing the implementing plans and regulations required by this section, the

chief administrative officer may:

     (A) Recommend use of such market-based compliance mechanisms as the chief

administrative officer finds are reasonably necessary, convenient, or desirable for achieving the

applicable statewide greenhouse gas emissions reduction mandate;

     (B) Consult with other Rhode Island governmental agencies, departments, or quasi-

governmental agencies; and

     (C) Collaborate the executive climate change coordinating council created by chapter 6.2

of title 42 regarding interagency and public input;

     (v) Updates to implementation plans. No later than December 1, 2025, December 1,

2030, December 1, 2040, and December 1, 2045, the chief administrative officer of each sector

lead agency shall issue an update to the implementing plan which shall take into account any

revision to the statewide greenhouse gas emission reduction mandated as adopted pursuant to §

42-6.3-4(c). The update to the implementing plan shall include an assessment of progress in

meeting the applicable statewide greenhouse gas emission reduction mandate and shall

promulgate any regulatory changes deemed necessary to achieve statewide greenhouse gas

emission reduction mandate for 2035 and 2050 as appropriate.

     (3) Beneficial electrification plans. The energy efficiency and resources management

council shall, pursuant to § 42-140.1-5(h) submit to the public utilities commission by December

1, 2021, and each December 1 every five (5) years thereafter through December 1, 2046, a

beneficial electrification plan as necessary to comply with the requirements meeting for statewide

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greenhouse emission reduction mandates as promulgated in transportation and building sector

implementing plans, including as up-dated.

     (e) Consistency with administrative procedures act.

     (1) Plans and regulations required by the chapter shall be adopted in a manner consistent

with chapter 35 of title 42 (administrative procedures act), and any conflict between provisions of

the administrative procedures act and this chapter, the administrative procedures act shall prevail.

The special requirements set forth in this chapter regarding the preparation and adoption of plans

shall be deemed in addition to, and not a substitute for, the requirements of the administrative

procedures act.

     (2) Office of regulatory reform (ORR). The office of regulatory reform shall deem rules

proposed consistent with this chapter a public necessity vital to the public health and wellbeing of

the people of Rhode Island and shall consider such proposed rules as definitive unless the ORR

finds that there are alternatives that meet greenhouse gas reduction mandates equally well, which

finding shall be effective upon its approval by the director of administration, who shall transmit a

determination regarding the finding to the governor, the secretary of commerce, and the director.

     (f) Project financing functions--Rhode Island infrastructure bank (RIIB). Projects

requiring financing as result from initiatives to meet greenhouse gas emission reduction mandates

as established pursuant to this chapter, may be advised and, as appropriated, financed through the

Rhode Island infrastructure Bank. The resiliency officer at the RIIB shall be advisory to the office

on resiliency matters.

     (g) Relations with executive climate change coordinating council (EC4). The office shall

consider the EC4 its primary means of:

     (1) Achieving coordination with state agencies that are not participating in the office;

     (2) Providing public reporting on its activities; and

     (3) Achieving public transparency and engagement, including for accomplishing

environmental justice purposes. The website of the EC4 shall be the website of the office.

Through the director, the office and its included agencies may seek the advice of the advisory

board and the science and technical advisory board to the EC4.

     42-6.3-6. Reporting.

     Commencing on March 31, 2020, and on March 31 of each year thereafter through March

31, 2051, the director shall submit an annual public report to the governor, the speaker of the

house, and the president of the senate on the activities of the office during the prior calendar year,

which report shall summarize actions taken by the office and its participating agencies during the

year to accomplish the purposes of the chapter and progress on achieving statewide greenhouse

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gas emission reduction mandate during the year and any impediments encountered in achieving

the emission reduction mandate and the recommendations of the director regarding actions that

need to be taken going forward in order to accomplish the purposes of the chapter, including

findings and recommendations regarding the best available scientific and technical information as

it pertains to the adequacy of the statewide greenhouse gas emission reduction mandate as set

forth in § 42-6.3-4 in achieving the purposes of this chapter.

     42-6.3-7. Enforcement.

     (a) The provisions of this chapter may be enforced by means of an action in the superior

court seeking either injunctive relief or a writ of mandamus or both.

     (b) Venue for such actions shall be proper in the superior court of and for Providence

county.

     (c) All persons shall have standing to commence such enforcement actions.

     (d) Reasonable attorneys' fees shall be recoverable by all substantially prevailing

plaintiffs who seek relief under this section.

     42-6.3-8. Liberal construction.

     This chapter, being necessary for the welfare of the state and its inhabitants, shall be

liberally construed so as to effectuate its purposes.

     42-6.3-9. Severability.

     If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by

any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or

invalidate the remainder of the chapter but shall be confined in its operation to the clause,

sentence, paragraph, section, or part directly involved in the controversy in which that judgment

shall have been rendered.

     SECTION 3. Sections 23-27.3-100.1.3, 23-27.3-100.1.5 and 23-27.3-108.2 of the

General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to read as

follows:

     23-27.3-100.1.3. Creation of the state building code standards committee.

     (a) There is created as an agency of state government a state building code standards

committee that shall adopt, promulgate, and administer a state building code for the purpose of

regulating the design, construction, and use of buildings or structures previously erected, in

accordance with a rehabilitation building and fire code for existing buildings and structures

developed pursuant to chapter 29.1 of this title, and to make any amendments to them as

necessary to comply with the requirements of law or as they, from time to time, deem necessary

or desirable, the building code to include any code, rule, or regulation incorporated in the code by

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reference.

     (b) A standing subcommittee is made part of the state building code standards committee

to promulgate and administer a state housing and property maintenance code for the purpose of

establishing minimum requirements and standards and to regulate the occupancy and use of

existing premises, structures, buildings, equipment, and facilities, consistent with achieving the

purposes of chapter 6.3 of title 42, and to make amendments to them as deemed necessary.

     (c) A joint committee, with membership as set forth in § 23-29.1-2(a) from the state

building code standards committee, shall develop and recommend for adoption and promulgation,

a rehabilitation building and fire code for existing buildings and structures, which code shall

include building code elements to be administered by the state building code standards committee

as the authority having jurisdiction over the elements.

     (d) The state building code standards committee shall be housed within the office of the

state building commissioner.

     23-27.3-100.1.5. Building code -- Adoption and promulgation by committee.

     The state building standards committee has the authority to adopt, promulgate, and

administer a state building code, which shall include: (a) provisions and amendments as necessary

to resolve conflicts between fire safety codes and building codes, as provided for in § 23-28.01-6;

and (b) a rehabilitation building and fire code for existing buildings and structures. The building

code may be promulgated in several sections, with a section applicable to one and two (2) family

dwellings, to multiple dwellings and hotels and motels, to general building construction, to

plumbing, and to electrical. The building code shall incorporate minimum standards for the

location, design, construction and installation of wells which are appurtenances to a building in

applicable sections. For purposes of this chapter, "appurtenance" includes the installation,

alteration or repair of wells connected to a structure consistent with chapter 46-13.2. The building

code and the sections thereof shall be reasonably consistent with recognized and accepted

standards adopted by national model code organizations and recognized authorities. To the extent

that any state or local building codes, statutes, or ordinances are inconsistent with the Americans

with Disabilities Act, Title III, Public Accommodations and Services Operated by Private

Entities, 42 U.S.C. § 12181 et seq., and its regulations and standards, they are hereby repealed.

The state building code standards committee is hereby directed to adopt rules and regulations

consistent with the Americans with Disabilities Act, Title II and III (28 CFR 35 and 28 CFR 36,

as amended), as soon as possible, but no later than February 15, 2012, to take effect on or before

March 15, 2012. The state building code standards committee is hereby authorized and directed to

update those rules and regulations consistent with the future revisions of the Americans with

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Disabilities Act Accessibility Standards and with the requirements of the global warming

solutions act, chapter 6.3 of title 42, and rules and regulations adopted pursuant thereto.

     23-27.3-108.2. State building commissioner's duties.

     (a) This code shall be enforced by the state building commissioner as to any structures or

buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction

of the state or any of its departments, commissions, agencies, or authorities established by an act

of the general assembly, and as to any structures or buildings or parts thereof that are built upon

any land owned by or under the jurisdiction of the state.

     (b) Permit fees for the projects shall be established by the committee. The fees shall be

deposited as general revenues.

     (c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001)

percent levy of the total construction cost for each permit issued. The levy shall be limited to a

maximum of fifty dollars ($50.00) for each of the permits issued for one and two (2) family

dwellings. This additional levy shall be transmitted monthly to the building commission at the

department of business regulation, and shall be used to staff and support the purchase or lease and

operation of a web-accessible service and/or system to be utilized by the state and municipalities

for uniform, statewide electronic plan review, permit management and inspection system and

other programs described in this chapter. The fee levy shall be deposited as general revenues.

     (2) On or before July 1, 2013, the building commissioner shall develop a standard

statewide process for electronic plan review, permit management and inspection.

     (3) On or before December 1, 2013, the building commissioner, with the assistance of the

office of regulatory reform, shall implement the standard statewide process for electronic plan

review, permit management and inspection. In addition, the building commissioner shall develop

a technology and implementation plan for a standard web-accessible service or system to be

utilized by the state and municipalities for uniform, statewide electronic plan review, permit

management and inspection.

     (d) The building commissioner shall, upon request by any state contractor described in §

37-2-38.1, review, and when all conditions for certification have been met, certify to the state

controller that the payment conditions contained in § 37-2-38.1 have been met.

     (e) The building commissioner shall coordinate the development and implementation of

this section with the state fire marshal to assist with the implementation of § 23-28.2-6.

     (f) The building commissioner shall submit, in coordination with the state fire marshal, a

report to the governor and general assembly on or before April 1, 2013, and each April 1st

thereafter, providing the status of the web-accessible service and/or system implementation and

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any recommendations for process or system improvement.

     (g) The building commissioner shall be:

     (1) Advisory to the executive climate change coordinating council, established in chapter

6.2 of title 42, on the use of building codes to improve energy efficiency in buildings and

structures and to reduce greenhouse gas emissions; and

     (2) A participating member of the Rhode Island office of global warming solutions

implementation, in which capacity the building commissioner shall have administrative oversight

of responsibilities pertaining to the building sector in chapter 6.3 of title 42.

     SECTION 4. Sections 42-6.2-2 and 42-6.2-5 of the General Laws in Chapter 42-6.2

entitled "Resilient Rhode Island Act of 2014 - Climate Change Coordinating Council" are hereby

amended to read as follows:

     42-6.2-2. Purpose of the council.

     (a) The council shall have the following duties:

     (1) Assess, integrate, and coordinate climate change efforts throughout state agencies to

reduce emissions, strengthen the resilience of communities, and prepare for the effects of climate

change, including, but not limited to, coordinating vulnerability assessments throughout state

government;

     (2)(i) No later than December 31, 2017, submit to the governor and general assembly a

plan that includes strategies, programs, and actions to meet targets for greenhouse gas emissions

reductions as follows:

     (A) Ten percent (10%) below 1990 levels by 2020;

     (B) Forty-five percent (45%) below 1990 levels by 2035;

     (C) Eighty percent (80%) below 1990 levels by 2050;

     (D) The plan shall also include procedures and metrics for periodic measurement, not less

frequently than once every five (5) years after December 31, 2016, of progress necessary to meet

these targets and for evaluating the possibility of meeting higher targets through cost-effective

measures.

     (ii) The plan shall specifically study the effectiveness of the state and/or multi-state

carbon pricing program to incentivize institutions and industry to reduce carbon emissions. The

study shall include the effectiveness of allocating revenues generated from such carbon pricing

program to fund enhanced incentives to institutions and industry for targeted efficiency measures;

projected emissions reductions; economic impact to businesses; any economic benefits to Rhode

Island; and impacts to the state's economic competitiveness if the program were implemented.

     (3) Advance the state's understanding of the effects of climate change including, but not

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limited to, sea level rise, coastal and shoreline changes, severe weather events, critical

infrastructure vulnerability, and ecosystem, economic, and health impacts, including the effects of

carbon pollution on children's health;

     (4) Identify strategies to prepare for these effects and communicate them to Rhode

Islanders, including strategies that incentivize businesses, institutions, and industry to adapt to

climate change;

     (5) Work with municipalities to support the development of sustainable and resilient

communities;

     (6) Identify and leverage federal, state, and private funding opportunities for emission

reduction and climate change preparedness and adaption work in Rhode Island;

     (7) Advise the governor, the general assembly, and the public on ways to ensure that

Rhode Island continues to be a national leader in developing and implementing strategies that

effectively address the challenges of climate change;

     (8) Work with other New England states to explore areas of mutual interest to achieve

common goals; and

     (9) Identify and facilitate opportunities to educate the public about climate change and

efforts throughout state agencies and municipalities to address climate change.

     (10) Support the work of the Rhode Island office of global warming solutions

implementation as set forth in chapter 6.3 of title 42.

     (b) The council is encouraged to utilize the expertise of Rhode Island universities and

colleges in carrying out the duties described in subsection (a) of this section, specifically to

ensure that the state's efforts to mitigate and adapt to climate change are based on the best

available scientific and technical information, and to optimize the contribution by the universities

and colleges of their expertise and experience in research, analysis, modeling, mapping,

applications to on-the-ground situations, technical assistance, community outreach, and public

education.

     42-6.2-5. Science and technical advisory board established -- Members.

     (a) The Rhode Island executive climate change council science and technical advisory

board is hereby established. The science and technical advisory board shall have nine (9)

members, appointed by the governor with the advice and consent of the senate. Four (4) members

shall be from institutions of higher education in the state; two (2) shall be from research

laboratories located in the state; and three (3) shall be from state agencies with expertise in, and

responsibility for, addressing issues pertaining to climate change.

     (b) The members of the science and technical advisory board shall be appointed for terms

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of three (3) years; provided, however, that, with regard to the initial appointments, three (3)

members shall be appointed for terms of one year; three (3) members shall be appointed for a

term of two (2) years; and three (3) members shall be appointed for a term of three (3) years.

Members may serve not more than three (3) successive terms and their appointments shall

continue until their successors are appointed. A vacancy other than by expiration shall be filled in

the manner of the original appointment, but only for the unexpired portion of the term.

     (c) Members of the advisory board shall receive no compensation.

     (d) The governor shall appoint a chairperson; a vice-chairperson and secretary shall be

elected annually by the advisory board members. All officers of the advisory board shall serve

until their successors have been duly appointed or elected.

     (e) The advisory board shall meet at least quarterly or at the call of the chairperson of the

council.

     (f) The advisory board shall have the following purposes and duties:

     (1) Keep the executive climate change coordinating council and the Rhode Island office

of global warming solutions implementation in chapter 6.3 of title 42 abreast of important

developments in scientific and technical information relating to climate change and resiliency;

     (2) Explore and advise the council regarding opportunities to provide timely support for

key policy and management decisions by aligning academic research around issues of climate

change and resiliency;

     (3) Inventory the scientific and technical work being done by public-and private-sector

entities, and evaluate options to coordinate or integrate/consolidate such work in order to achieve

greater efficiency, save resources, and provide better services;

     (4) Make recommendations and provide policy advice to the council regarding research

needs and priorities, resource allocation, and funding opportunities;

     (5) Assist the council in communicating scientific and technical information to key user

groups and the general public; and

     (6) Prepare an annual report, to be included in the annual report of the council, evaluating

to what extent the state's emission reduction targets, policies and programs aimed at mitigating

and adapting to climate change are supported by the best available science and technical

information.

     SECTION 5. Sections 42-11-2 and 42-11-10 of the General Laws in Chapter 42-11

entitled "Department of Administration" are hereby amended to read as follows:

     42-11-2. Powers and duties of department.

     The department of administration shall have the following powers and duties:

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     (1) To prepare a budget for the several state departments and agencies, subject to the

direction and supervision of the governor;

     (2) To administer the budget for all state departments and agencies, except as specifically

exempted by law;

     (3) To devise, formulate, promulgate, supervise, and control accounting systems,

procedures, and methods for the state departments and agencies, conforming to such accounting

standards and methods as are prescribed by law;

     (4) To purchase or to contract for the supplies, materials, articles, equipment, printing,

and services needed by state departments and agencies, except as specifically exempted by law;

     (5) To prescribe standard specifications for those purchases and contracts and to enforce

compliance with specifications;

     (6) To supervise and control the advertising for bids and awards for state purchases;

     (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus

and salvage, and the transfer to or between state departments and agencies of needed supplies,

equipment, and materials;

     (8) To maintain, equip, and keep in repair the state house, state office building, and other

premises owned or rented by the state for the use of any department or agency, excepting those

buildings, the control of which is vested by law in some other agency;

     (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and

property, real and personal;

     (10) To require reports from state agencies on the buildings and property in their custody;

     (11) To issue regulations to govern the protection and custody of the property of the state;

     (12) To assign office and storage space and to rent and lease land and buildings for the

use of the several state departments and agencies in the manner provided by law;

     (13) To control and supervise the acquisition, operation, maintenance, repair, and

replacement of state-owned motor vehicles by state agencies;

     (14) To maintain and operate central duplicating and mailing service for the several state

departments and agencies;

     (15) To furnish the several departments and agencies of the state with other essential

office services;

     (16) To survey and examine the administration and operation of the state departments and

agencies, submitting to the governor proposals to secure greater administrative efficiency and

economy, to minimize the duplication of activities, and to effect a better organization and

consolidation of functions among state agencies;

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     (17) To operate a merit system of personnel administration and personnel management as

defined in § 36-3-3 in connection with the conditions of employment in all state departments and

agencies within the classified service;

     (18) 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;

     (19) To establish, maintain, and operate a data processing center or centers, approve the

acquisition and use of electronic data processing services by state agencies, furnish staff

assistance in methods, systems and programming work to other state agencies, and arrange for

and effect the centralization and consolidation of punch card and electronic data processing

equipment and services in order to obtain maximum utilization and efficiency;

     (20) To devise, formulate, promulgate, supervise, and control a comprehensive and

coordinated statewide information system designed to improve the data base used in the

management of public resources, to consult and advise with other state departments and agencies

and municipalities to assure appropriate and full participation in this system, and to encourage the

participation of the various municipalities of this state in this system by providing technical or

other appropriate assistance toward establishing, within those municipalities, compatible

information systems in order to obtain the maximum effectiveness in the management of public

resources;

     (i) The comprehensive and coordinated statewide information system may include a

Rhode Island geographic information system of land-related economic, physical, cultural and

natural resources.

     (ii) In order to ensure the continuity of the maintenance and functions of the geographic

information system, the general assembly may annually appropriate such sum as it may deem

necessary to the department of administration for its support.

     (21) To administer a statewide planning program including planning assistance to the

state departments and agencies;

     (22) To administer a statewide program of photography and photographic services;

     (23) To negotiate with public or private educational institutions in the state, in

cooperation with the department of health, for state support of medical education;

     (24) To promote the expansion of markets for recovered material and to maximize their

return to productive economic use through the purchase of materials and supplies with recycled

content by the state of Rhode Island to the fullest extent practically feasible;

     (25) To approve costs as provided in § 23-19-32; and

     (26) To provide all necessary civil service tests for child protective investigators and

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social workers at least twice each year and to maintain an adequate hiring list for these positions

at all times.

     (27)(a) To prepare a report every three (3) months by all current property leases or rentals

by any state or quasi-state agency to include the following information:

     (i) Name of lessor;

     (ii) Description of the lease (purpose, physical characteristics, and location);

     (iii) Cost of the lease;

     (iv) Amount paid to date;

     (v) Date initiated;

     (vi) Date covered by the lease.

     (b) To prepare a report by October 31, 2014 of all current property owned by the state or

leased by any state agency or quasi-state agency to include the following information:

     (i) Total square feet for each building or leased space;

     (ii) Total square feet for each building and space utilized as office space currently;

     (iii) Location of each building or leased space;

     (iv) Ratio and listing of buildings owned by the state versus leased;

     (v) Total occupancy costs which shall include capital expenses, provided a proxy should

be provided to compare properties that are owned versus leased by showing capital expenses on

owned properties as a per square foot cost at industry depreciation rates;

     (vi) Expiration dates of leases;

     (vii) Number of workstations per building or leased space;

     (viii) Total square feet divided by number of workstations;

     (ix) Total number of vacant workstations;

     (x) Percentage of vacant workstations versus total workstations available;

     (xi) Date when an action is required by the state to renew or terminate a lease;

     (xii) Strategic plan for leases commencing or expiring by June 30, 2016;

     (xiii) Map of all state buildings which provides: cost per square foot to maintain, total

number of square feet, total operating cost, date each lease expires, number of persons per

building and total number of vacant seats per building; and

     (xiv) Industry benchmark report which shall include total operating cost by full-time

equivalent employee, total operating cost by square foot and total square feet divided by full-time

equivalent employee.

     (28) To provide by December 31, 1995 the availability of automatic direct deposit to any

recipient of a state benefit payment, provided that the agency responsible for making that

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payment generates one thousand (1,000) or more such payments each month.

     (29) To encourage municipalities, school districts, and quasi-public agencies to achieve

cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or

by entering into collaborative agreements with other municipalities, districts, or agencies. To

assist in determining whether the benefit levels including employee cost sharing and unit costs of

such benefits and costs are excessive relative to other municipalities, districts, or quasi-public

agencies as compared with state benefit levels and costs.

     (30) To administer a health benefit exchange in accordance with chapter 157 of title 42.

     (31) To support, provide for, and effectuate a sharing and networking of resources and

capacities among state agencies as necessary to accomplish the purposes of chapters 6.2 and 6.3

of title 42.

     42-11-10. Statewide planning program.

     (a) Findings. The general assembly finds that the people of this state have a fundamental

interest in the orderly development of the state; the state has a positive interest and demonstrated

need for establishment of a comprehensive, strategic state planning process and the preparation,

maintenance, and implementation of plans for the physical, economic, and social development

and resiliency of the state and the stewardship of its ecosystem; the continued growth and

development of the state presents problems that cannot be met by the cities and towns

individually and that require effective planning by the state; and state and local plans and

programs must be properly coordinated with the planning requirements and programs of the

federal government.

     (b) Establishment of statewide planning program.

     (1) A statewide planning program is hereby established to prepare, adopt, and amend

strategic plans for the physical, economic, and social development of the state and to recommend

these to the governor, the general assembly, and all others concerned.

     (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

departments and agencies of the executive branch unless specifically exempted, shall be

conducted by or under the supervision of the statewide planning program. The statewide planning

program shall consist of a state planning council, and the division of planning, which shall be a

division within the department of administration.

     (c) Strategic planning. Strategic planning includes the following activities:

     (1) Establishing or identifying general goals.

     (2) Refining or detailing these goals and identifying relationships between them.

     (3) Formulating, testing, and selecting policies and standards that will achieve desired

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objectives.

     (4) Preparing long-range or system plans or comprehensive programs that carry out the

policies and set time schedules, performance measures, and targets.

     (5) Preparing functional, short-range plans or programs that are consistent with

established or desired goals, objectives, and policies, and with long-range or system plans or

comprehensive programs where applicable, and that establish measurable, intermediate steps

toward their accomplishment of the goals, objectives, policies, and/or long-range system plans.

     (6) Monitoring the planning of specific projects and designing of specific programs of

short duration by the operating departments, other agencies of the executive branch, and political

subdivisions of the state to ensure that these are consistent with, and carry out the intent of,

applicable strategic plans.

     (7) Reviewing the execution of strategic plans, and the results obtained, and making

revisions necessary to achieve established goals.

     (d) State guide plan. Components of strategic plans prepared and adopted in accordance

with this section may be designated as elements of the state guide plan. The state guide plan shall

be comprised of functional elements or plans dealing with land use; physical development and

environmental concerns; economic development; housing production; energy supply, including

the development of renewable energy resources in Rhode Island, and energy access, use, and

conservation; human services; and other factors necessary to accomplish the objective of this

section. The state guide plan shall be a means for centralizing, integrating, and monitoring long-

range goals, policies, plans, and implementation activities related thereto. State agencies

concerned with specific subject areas, local governments, and the public shall participate in the

state guide planning process, which shall be closely coordinated with the budgeting process.

     (e) Membership of state planning council. The state planning council shall consist of the

following members:

     (1) The director of the department of administration as chairperson;

     (2) The director, policy office, in the office of the governor, as vice-chairperson;

     (3) The governor, or his or her designee;

     (4) The budget officer;

     (5) The chairperson of the housing resources commission;

     (6) The highest-ranking administrative officer of the division of planning, as secretary;

     (7) The president of the Rhode Island League of Cities and Towns or his or her designee

and one official of local government who shall be appointed by the governor from a list of not

less than three (3) submitted by the Rhode Island League Cities and Towns;

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     (8) The executive director of the Rhode Island League of Cities and Towns;

     (9) One representative of a nonprofit community development or housing organization

appointed by the governor;

     (10) Six (6) public members, appointed by the governor, one of whom shall be an

employer with fewer than fifty (50) employees and one of whom shall be an employer with

greater than fifty (50) employees;

     (11) Two (2) representatives of a private, nonprofit, environmental advocacy

organization, both to be appointed by the governor;

     (12) The director of planning and development for the city of Providence;

     (13) The director of the department of transportation;

     (14) The director of the department of environmental management;

     (15) The director of the department of health;

     (16) The chief executive officer of the commerce corporation;

     (17) The commissioner of the Rhode Island office of energy resources;

     (18) The chief executive officer of the Rhode Island public transit authority;

     (19) The executive director of Rhode Island housing; and

     (20) The executive director of the coastal resources management council.

     (f) Powers and duties of state planning council. The state planning council shall have the

following powers and duties:

     (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

and to modify and amend any of these, following the procedures for notification and public

hearing set forth in § 42-35-3, and to recommend and encourage implementation of these goals to

the general assembly, state and federal agencies, and other public and private bodies; approval of

strategic plans by the governor; and to ensure that strategic plans and the long-range state guide

plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the "Rhode Island

Comprehensive Planning and Land Use Regulation Act";

     (2) To coordinate the planning and development activities of all state agencies, in

accordance with strategic plans prepared and adopted as provided for by this section;

     (3) To review and comment on the proposed annual work program of the statewide

planning program;

     (4) To adopt rules and standards and issue orders concerning any matters within its

jurisdiction as established by this section and amendments to it;

     (5) To establish advisory committees and appoint members thereto representing diverse

interests and viewpoints as required in the state planning process and in the preparation or

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implementation of strategic plans. The state planning council shall appoint a permanent

committee comprised of:

     (i) Public members from different geographic areas of the state representing diverse

interests; and

     (ii) Officials of state, local, and federal government, who shall review all proposed

elements of the state guide plan, or amendment or repeal of any element of the plan, and shall

advise the state planning council thereon before the council acts on any such proposal. This

committee shall also advise the state planning council on any other matter referred to it by the

council; and

     (6) To establish and appoint members to an executive committee consisting of major

participants of a Rhode Island geographic information system with oversight responsibility for its

activities.

     (7) To adopt, amend, and maintain, as an element of the state guide plan or as an

amendment to an existing element of the state guide plan, standards and guidelines for the

location of eligible, renewable energy resources and renewable energy facilities in Rhode Island

with due consideration for the location of such resources and facilities in commercial and

industrial areas, agricultural areas, areas occupied by public and private institutions, and property

of the state and its agencies and corporations, provided such areas are of sufficient size, and in

other areas of the state as appropriate.

     (8) To act as the single, statewide metropolitan planning organization for transportation

planning, and to promulgate all rules and regulations that are necessary thereto.

     (g) Division of planning.

     (1) The division of planning shall be the principal staff agency of the state planning

council for preparing and/or coordinating strategic plans for the comprehensive management of

the state's human, economic, and physical resources. The division of planning shall recommend

to the state planning council specific guidelines, standards, and programs to be adopted to

implement strategic planning and the state guide plan and shall undertake any other duties

established by this section and amendments thereto.

     (2) The division of planning shall maintain records (which shall consist of files of

complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

adopted or issued by the state planning council under this section. The records shall be open to

the public.

     (3) The division of planning shall manage and administer the Rhode Island geographic

information system of land-related resources, and shall coordinate these efforts with other state

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departments and agencies, including the University of Rhode Island, which shall provide

technical support and assistance in the development and maintenance of the system and its

associated data base.

     (4) The division of planning shall coordinate and oversee the provision of technical

assistance to political subdivisions of the state in preparing and implementing plans to accomplish

the purposes, goals, objectives, policies, and/or standards of applicable elements of the state guide

plan and shall make available to cities and towns data and guidelines that may be used in

preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

elements thereby.

     (5) The division of state planning shall be a participating agency in the Rhode Island

office of global warming solutions implementation and in that capacity shall represent the state

planning council as Rhode Island's metropolitan planning agency for transportation and as the

staff agency for strategic planning and state guide plan development as set forth in subsections (c)

and (d) of this section.

     (h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4].

     (i) The division of planning shall be the principal staff agency of the water resources

board established pursuant to chapter 15 of title 46 ("Water Resources Board") and the water

resources board corporate established pursuant to chapter 15.1 of title 46 ("Water Supply

Facilities").

     SECTION 6. Sections 42-13-1 and 42-13-2 of the General Laws in Chapter 42-13

entitled "Department of Transportation" are hereby amended to read as follows:

     42-13-1. Establishment -- Head of departments -- Powers.

     (a) There shall be a department of transportation. The head of the department shall be the

director of transportation, appointed by the governor with the advice and consent of the senate,

who shall carry out the provisions of this chapter and, except as otherwise provided by this title,

the provisions of chapters 2 and 4 of title 1; chapters 8 and 10 of title 24; chapter 13 of title 31;

chapter 12 of title 37; and of all other general laws heretofore carried out by the director of public

works and the department of public works, the Rhode Island turnpike and bridge authority, and

the council on highway safety. The director shall also be responsible for preparation of short-

range plans, project plans, and implementation programs for transportation, including short-range

plans, project plans, and implementation programs to reduce greenhouse gas emissions from the

transportation sector, as required by chapter 6.3 of title 42, to achieve the purposes of chapter 6.3

of title 42 and to provide Rhode Island an optimum, cost-effective transportation system for the

twenty-first century, the department shall be a participating agency in the Rhode Island office of

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global warming solutions implementation; for port and waterways facilities where the principal

purpose is transportation and management of port properties, warehouses, and state piers which

function primarily as transportation facilities; and for maintaining an adequate level of rail

passenger and freight services, including the administration of any financial or technical

assistance which may be made available to operators of railroad transportation facilities;

provided, however, that all contracts for the construction, reconstruction, maintenance, and

repairs of all public roads and bridges, public buildings and all other properties of the state

government, and the purchase of all equipment, materials, and supplies used in accordance

therewith shall be negotiated by the purchasing agent in the department of administration.

     (b) The director shall adopt and promulgate state regulations which will set standards for

future state, city and town construction and maintenance of sidewalks and curbs, in a manner

which will make the use of the sidewalks more easily accessible to people who are disabled. Said

standards shall require the installation of curb cuts and/or ramps at both ends of any pedestrian

crosswalk.

     The director shall adopt and promulgate a procedure to process all claims pursuant to §

24-8-35, for damages to motor vehicles caused by potholes on state highways and in all instances

have the final determination as to the merits of each claim.

     (c) The director shall promulgate and adopt regulations which will prohibit any

contractors who have been convicted of fraud, bid-rigging, or a violation of any state or federal

antitrust law from bidding on any construction projects administered by the department for a

period of five (5) years from the date of any of the above convictions.

     (d) The director shall adopt and promulgate regulations as necessary to fulfill the duties

as assigned to the department in chapter 6.3 of title 42.

     42-13-2. Organization and functions of the department.

     (a) The department shall be organized in accordance with a project management-based

program and shall utilize an asset management system.

     (1) A project management-based program manages the delivery of the department's

portfolio of transportation improvement projects from project conception to the project

completion. Project management activities include:

     (i) Managing and reporting on the delivery status of portfolio projects;

     (ii) Developing overall workload and budget for the portfolio;

     (iii) Developing and implementing the tools to estimate the resources necessary to deliver

the projects; and

     (iv) Developing and implementing processes and tools to improve the management of the

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projects.

     (2) Asset management is the process used for managing transportation infrastructure by

improving decision making for resource allocation including resource allocation to transportation

projects needed to accomplish the purposes of chapter 6.3 in title 42. Asset management activities

include a systemic process based on economic, engineering, and business principles which

includes the following functions:

     (i) Completing a comprehensive inventory of system assets;

     (ii) Monitoring system performance and forecasting future system performance; and

     (iii) Performing analysis utilizing accurate data for managing various assets within the

transportation network.

     (b) The director of transportation shall appoint a chief operating officer to oversee the

day-to-day operations of the department.

     (c) The department shall be organized into such divisions as are described in this section

and such other divisions, subdivisions, and agencies as the director shall find are necessary to

carry out the responsibilities of the department, including: division of finance; division of

planning; division of project management; division of operations and maintenance; office of civil

rights; office of safety; office of external affairs; office of legal; office of personnel; office of

information services.

     (d) The director may assign such other responsibilities as he or she shall find appropriate

and may reassign functions other than as set out in this section if he or she finds the reassignment

necessary to the proper and efficient functioning of the department or of the state's transportation

system.

     (e) The department shall submit a report annually no later than March 31 to the speaker

of the house, the president of the senate, and the house and senate fiscal advisors concerning the

status of the ten-year (10) transportation plan.

     (f) Any functions, duties, and staff relating to the Rhode Island department of

transportation's external audit section shall be transferred to the Rhode Island department of

administration's office of internal audit, or its successor, upon passage [Feb. 11, 2016].

     (1) The chief of the office of internal audit, or its successor, who shall be the

administrative head of the office of internal audit, or its successor, shall supervise, coordinate,

and/or conduct audits, civil and administrative investigations, and inspections or oversight

reviews, when necessary, relating to programs and operations listed in § 42-13-2.

     (2) The office of internal audit's (or its successor's) authorization shall include, but not be

limited to, evaluating the efficiency of operations and internal controls, preventing and detecting

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fraud, waste, abuse or mismanagement in the expenditure of public funds, whether state, federal

or those revenues collected by the use of tolls and related to any and all transportation-related

programs and operations as well as the procurement of any supplies, services, or construction, by

the department of transportation or related institutions of the department of transportation.

Investigations may include the expenditures by nongovernmental agencies of federal, state, and

local public funds. As deemed necessary or expedient by the office of internal audit, or its

successor, audits may be made relative to the financial affairs or the economy and efficiency of

management of the department of transportation or related institutions.

     SECTION 7. 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 and to supervise and coordinate state

government activities to provide for ecosystem stewardship and to address the mitigation of

greenhouse gas emissions through the Rhode Island office of global warming solutions

implementation;

     (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,

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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

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,

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administrative support, staff services, and 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 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(a)(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

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

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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 affect public health and/or impair ecological

functioning; (ii) Analysis of 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 the 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;

     (19) To issue and enforce the 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

investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to

enforce those rules, regulations, and orders. Any license suspended under the rules, regulations,

and/or orders shall be terminated and revoked if the conditions that led to the suspension are not

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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 the proposed resolution and provided

with opportunity to comment upon the resolution pursuant to applicable law and any rules and

regulations established by the director;

     (20) To enter, examine, or survey, at any reasonable time, 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

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

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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 the 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

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

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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 § 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;

     (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

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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);

     (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 the 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 the 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 the 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 other camping and

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

additional steps, including, but not limited to, matters related to funding as may be necessary to

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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 the 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 subsection (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, 33 U.S.C. § 1251 et seq.; the regulation

and administration of underground storage tanks and all other programs administered under

chapter 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 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

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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 the sums, or 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 freshwaters 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 the 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 ensure 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;

     (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

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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 501(c)(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,

of 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 their 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

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

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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;

     (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

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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, ponds, rivers, and streams including,

but not limited to, 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, abate

nuisance conditions that result from excessive growth of algal or non-native plant species as well

as promote healthy freshwater riverine ecosystems;

     (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;

     (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

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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;

     (36) To formulate and promulgate regulations requiring any dock or pier longer than

twenty feet (20') and located on a freshwater lake or pond to be equipped with reflective

materials, on all sides facing the water, of an appropriate width and luminosity such that it can be

seen by operators of watercraft; and

     (37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel

additive required or regulated by the department if the director finds that:

     (i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the

New England region that prevent the distribution of an adequate supply of the fuel or fuel

additive to consumers;

     (ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a

natural disaster, an act of God, a pipeline or refinery equipment failure, or another event that

could not reasonably have been foreseen; and

     (iii) It is in the public interest to grant the waiver.

     Any temporary waiver shall be made in writing and shall be effective for twenty (20)

calendar days; provided, that the director may renew the temporary waiver, in writing, if it is

deemed necessary.

     SECTION 8. Sections 42-140-3, 42-140-4 and 42-140-9 of the General Laws in Chapter

42-140 entitled "Rhode Island Energy Resources Act" are hereby amended to read as follows:

     42-140-3. Purposes.

     The purposes of the office shall be to:

     (1) Develop and put into effect plans and programs to promote, encourage, and assist:

     (i) The the provision of energy resources for Rhode Island in a manner that enhances

economic well-being, social equity, and environmental quality;

     (ii) Implementing the purposes of the global warming solutions act, chapter 6.3 of title

42, including, but not limited to, the reduction of greenhouse gas emissions from the electrical

generation sector

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     (2) Monitor, forecast, and report on energy use, energy prices, and energy demand and

supply forecasts, and make findings and recommendations with regard to energy supply diversity,

reliability, and procurement, including least-cost procurement;

     (3) Develop and to put into effect plans and programs to promote, encourage and assist

the efficient and productive use of energy resources in Rhode Island, and to coordinate energy

programs for natural gas, electricity, and heating oil to maximize the aggregate benefits of

conservation and efficiency of investments;

     (4) Monitor and report technological developments that may result in new and/or

improved sources of energy supply, increased energy efficiency, and reduced environmental

impacts from energy supply, transmission and distribution;

     (5) Administer the programs, duties, and responsibilities heretofore exercised by the state

energy office, except as these may be assigned by executive order or the general laws to other

departments and agencies of state government;

     (6) Develop, recommend and, as appropriate, implement integrated and/or comprehensive

strategies, including at regional and federal levels, to secure Rhode Island's interest in energy

resources, their supply and efficient use, and as necessary to interact with persons, private sector,

non-profit, regional, federal entities and departments and agencies of other states to effectuate this

purpose;

     (7) Cooperate with agencies, departments, corporations, and entities of the state and of

political subdivisions of the state in achieving its purposes;

     (8) Cooperate with and assist the state planning council and the division of state planning

in developing, maintaining, and implementing state guide plan elements pertaining to energy and

renewable energy;

     (9) Coordinate the energy efficiency, renewable energy, least cost procurement, and

systems reliability plans and programs with the energy efficiency resource management council

and the renewable energy coordinating board;

     (10) Participate in, monitor implementation of, and provide technical assistance for the

low-income home energy assistance program enhancement plan established pursuant to § 39-1-

27.12;

     (11) Participate in and monitor the distributed generation standard contracts program

pursuant to chapter 39-26-2;

     (12) Coordinate opportunities with and enter into contracts and/or agreements with the

commerce corporation associated with the energy efficiency, least-cost procurement, system

reliability, and renewable energy fund programs;

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     (13) Provide support and information to the division of planning and the state planning

council in development of a ten (10) year Rhode Island Energy Guide Plan, which shall be

reviewed and amended if necessary every five (5) years;

     (14) Provide funding support if necessary to the renewable energy coordinating board

and/or the advisory council to carry out the objectives pursuant to chapter 42-140-3;

     (15) Advise and provide technical assistance to state and federally funded energy

program to support:

     (i) The federal low-income home energy assistance program which provides heating

assistance to eligible low-income persons and any state funded or privately funded heating

assistance program of a similar nature assigned to it for administration;

     (ii) The weatherization assistance program which offers home weatherization grants and

heating system upgrades to eligible persons of low-income;

     (iii) The emergency fuel program which provides oil deliveries to families experiencing a

heating emergency;

     (iv) The energy conservation program, which offers service and programs to all sectors;

and

     (v) [Deleted by P.L. 2008, ch. 228, § 2, and P.L. 2008, ch. 422, § 2.]

     (16) Advise the commerce corporation in the development of standards and rules for the

solicitation and award of renewable energy program investment funds in accordance with § 42-

64-13.2;

     (17) Develop, recommend, and evaluate energy programs for state facilities and

operations in order to achieve and demonstrate the benefits of energy-efficiency, diversification

of energy supplies, energy conservation, and demand management; and

     (18) Advise the governor and the general assembly with regard to energy resources and

all matters relevant to achieving the purposes of the office; and

     (19) Serve as a participating agency in the Rhode Island office of global warming

solutions implementation.

     42-140-4. Commissioner.

     (a) There shall be a commissioner of energy resources, who shall be appointed by the

governor with the advice and consent of the senate. The commissioner shall be the director of the

office of energy resources and shall have all such powers, consistent with law, as are necessary

and/or convenient to effectuate the purposes of the office and administer its functions. The

commissioner shall have authority to exercise all of the powers and duties heretofore exercised by

the head of the state energy office. In the performance of the duties set forth in this paragraph, the

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commissioner shall consult with the energy efficiency and resources management council

established pursuant to chapter 42-140.1. The commissioner shall implement provisions of the

global warming solutions act as set forth in this chapter, chapter 6.3 and chapter 140.1 in title 42.

     (b) The commissioner shall have authority to apply for, receive, and administer grants

and funds from the federal government and all other public and private entities to accomplish the

purposes of the office.

     (c) All revenues collected by the office from public and private entities, including, but not

limited to, demand side management grants from public utilities, shall be deposited as restricted

receipts.

     (d) The commissioner shall have authority to serve as executive secretary of the

governor's technical assistance committee, established by § 42-60-4, and shall provide such staff

and technical support to the technical assistance committee as the technical assistance committee

may require, and shall have authority to carry out any duties assigned to the office by the

governor in the event of a declaration of a state energy crisis as authorized under chapter 42-60

relating to energy crisis management.

     42-140-9. Adoption of rules.

     The commissioner shall have the authority to adopt, amend, and implement such rules as

may be necessary to desirable to effectuate the purposes of this chapter and as required by the

global warming solutions act. In any rule making by the commissioner, the commissioner shall

consider as a matter of record the advice of the energy resources council and the renewable

energy coordinating board.

     SECTION 9. Sections 42-140.1-3 and 42-140.1-5 of the General Laws in Chapter 42-

140.1 entitled "The Rhode Island Energy Efficiency and Resource Management Council" are

hereby amended to read as follows:

     42-140.1-3. Establishment of council -- Purposes.

     (a) There is hereby authorized, created and established a council to be known as "The

Rhode Island Energy Efficiency and Resources Management Council" with the powers and duties

set forth in this chapter.

     (b) The purposes of this council are to:

     (1) Evaluate and make recommendations, including, but not limited to, plans and

programs, with regard to the optimization of energy efficiency, energy conservation, energy

resource development; and the development of a plan for least-cost procurement for Rhode Island

and a plan for beneficial electrification within the transportation and building sectors of Rhode

Island as necessary to meet greenhouse gas emissions reduction goals recognized in the global

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warming solutions act, chapter 6.3 of title 42, and plans adopted pursuant to that chapter; and

     (2) Provide consistent, comprehensive, informed and publicly accountable stake-holder

involvement in energy efficiency, energy conservation, and energy resource management; and

     (3) Monitor and evaluate the effectiveness of programs to achieve energy efficiency,

energy conservation, and diversification of energy resources; and

     (4) Promote public understanding of energy issues and of ways in which energy

efficiency, energy conservation, and energy resource diversification and management can be