2020 -- S 2165

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LC004124

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - RESILIENT RHODE ISLAND

ACT OF 2014 - CLIMATE CHANGE COORDINATING COUNCIL

     Introduced By: Senators Euer, Lynch Prata, Conley, Sosnowski, and Goodwin

     Date Introduced: February 04, 2020

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-6.2-1, 42-6.2-2, 42-6.2-3, 42-6.2-7 and 42-6.2-8 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:

     42-6.2-1. Creation -- Members.

     There is hereby established within the executive branch of state government a Rhode

Island executive climate change coordinating council (the "council") comprised of officials from

state agencies with responsibility and oversight relating to assessing, integrating, and

coordinating climate change efforts. The council shall include, but not be limited to, the following

members: the director of the department of environmental management; the executive director of

the coastal resources management council; the director of the department of administration; the

director of the department of transportation; the director of the department of health; the director

of the emergency management agency; the commissioner of the office of energy resources; the

director of the division of planning; the executive director and chief executive officer of the

Rhode Island infrastructure bank; and the chief executive officer secretary of the Rhode Island

commerce corporation.

     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 December 31, 2021, submit to the governor and

general assembly a plan that includes strategies, programs, and actions to meet targets economy-

wide enforceable levels for greenhouse gas emissions reductions as follows:

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

     (B) Forty-five percent (45%) Fifty percent (50%) below 1990 levels by 2035;

     (C) Eighty percent (80%) Net-zero emissions below 1990 levels by 2050;

     (D) The plan shall also include procedures and public metrics for periodic measurement,

not less frequently than once every five (5) years, 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

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

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

efforts throughout state agencies and municipalities to address climate change.

     (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.

     42-6.2-3. Support for the council.

     To support the council's work, state agencies shall:

     (1) Assist the council in implementing the provisions of this chapter;

     (2) Develop short-and long-term greenhouse gas emission reduction strategies and track

the progress of these strategies;

     (3) To Lead by example and, to the maximum extent feasible, purchase alternative fuel,

hybrid, and electric vehicles that produce lower total emissions of greenhouse gases and develop

programs to encourage state employees to reduce their vehicle miles and use sustainable

transportation alternatives, including public transit systems;

     (4) Implement programs to achieve energy savings in state and municipal buildings to

reduce greenhouse gases, reduce expenditures on energy, and stimulate economic and job

development;

     (5) Increase the deployment of in-state generation of renewable energy and energy

efficiency;

     (6) Support efforts to expand Rhode Island's green economy and develop green

infrastructure;

     (7) Assess the vulnerability of infrastructure, including, but not limited to, roads, bridges,

dams, and wastewater and drinking water treatment facilities, to impacts of climate change and

recommend strategies to protect these assets;

     (8) Work with relevant academic institutions and federal agencies to assess the threats of

sea level rise, erosion and storm surge, and communicate these assessments and threats, along

with potential tools to address them, to state agencies and affected communities;

     (9) Develop plans, policies, and solutions based on the latest science to ensure the state

continues to have a vibrant coastal economy, including protection of critical infrastructure;

     (10) Develop a climate and health profile report that documents the range of Address

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recommendations to reduce health impacts associated with climate change and identifies protect

the most vulnerable populations;

     (11) Encourages municipalities to incorporate climate change adaptation into local hazard

mitigation plans and, when feasible, into hazard mitigation projects; and

     (12) Take affirmative steps to eliminate and avoid duplication of effort through consistent

coordination between agencies and programs, and pooling of resources, so as to make the most

cost-efficient use of the state resources and provide the most effective services.; and

     (13) Foster public transparency by developing public metrics and an online public

dashboard that will track both emissions reductions and sources of energy consumed by the state.

Metrics and the dashboard will be updated at least annually.

     42-6.2-7. Reporting.

     No later than May 1, 2015, and annually thereafter, the council shall issue a report of its

findings, recommendations, and progress on achieving the purposes and requirements of this

chapter.

     42-6.2-8. Powers and duties of state agencies -- Exercise of existing authority.

     Consideration of Addressing the impacts of climate change shall be deemed to be within

the powers and duties of all state departments, agencies, commissions, councils, and

instrumentalities, including quasi-public agencies, and each shall be deemed to have and to

exercise among its purposes in the exercise of its existing authority, the purposes set forth in this

chapter pertaining to climate change mitigation, adaption, and resilience in so far as climate

change affects the its mission, duties, responsibilities, projects, or programs of the entity.

     SECTION 2. Chapter 42-6.2 of the General Laws entitled "Resilient Rhode Island Act of

2014 - Climate Change Coordinating Council" is hereby amended by adding thereto the following

sections:

     42-6.2-9. Statewide greenhouse gas emission reduction mandate.

     Mandatory targets for emissions reduction. It is hereby established that the state shall

reduce its statewide greenhouse gas emissions to the targets set forth in § 42-6.2-2(a)(2)(i), as

those targets may be from time to time revised, and that achieving these targets shall be

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

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

fifty percent (50%) below 1990 levels by 2035, and shall be net-zero emissions by 2050.

     42-6.2-10. 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.

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     (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.

     42-6.2-11. 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.

     42-6.2-12. 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. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - RESILIENT RHODE ISLAND

ACT OF 2014 - CLIMATE CHANGE COORDINATING COUNCIL

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     This act would establish a statewide greenhouse gas emission reduction mandate.

     This act would take effect upon passage.

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