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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- FORESTRY AND FOREST PRODUCT

OPERATIONS

     Introduced By: Representatives Cotter, Edwards, Potter, Baginski, Speakman, Casimiro,
Kazarian, McNamara, Kennedy, and Shallcross Smith

     Date Introduced: February 22, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 2 of the General Laws entitled "AGRICULTURE AND FORESTRY"

is hereby amended by adding thereto the following chapter:

CHAPTER 28

FORESTRY AND FOREST PRODUCT OPERATIONS

     2-28-1. Short title.

     This chapter shall be known and may be cited as the "Forestry Parity Act."

     2-28-2. Legislative findings.

     The general assembly finds and declares:

     (1) That maintaining forests is vital to maintain both biodiversity, and ecosystem services,

including carbon sequestration in the state;

     (2) That forests are more likely to be maintained if they provide economic value;

     (3) That providing for the economic viability of the forest products industry is an interest

of the state;

     (4) That forest conservation is given the same status as farm and open space conservation

under the chapter 27 of title 44 ("taxation of farm, forest, and open space land"), but that elsewhere

in the general laws forestry, and the production of forest products, are not given the same benefits,

and protections as agriculture; and

     (5) That it is in the interest of the state, in order to protect economic viability of forests and

to provide for their conservation for the future benefit and enjoyment of the people of the state.

     2-28-3. Purpose.

     It is purpose of this chapter to provide parity of treatment, under the law, with farming and

agriculture operations to forestry and forest product operations.

     2-28-4. Definitions.

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

     (1) “Forest-based business” shall have the same meaning as defined in § 2-27-2.

     (2) “Forest land” shall have the same meaning as defined in § 2-27-2.

     (3) “Forest management” shall have the same meaning as defined in § 2-27-2.

     (4) “Forest product operations” means any and all trade occupations involving the

harvesting, production, maintaining, and sale of forest products originating in the state, including,

but not limited to:

     (i) Arboriculture, logging, land clearing; and

     (ii) Kiln drying, operations of firewood, saw milling, lumber, pallets, biochar, mulch,

compost, biomass, wood chips, saw dust, timbers, posts, beams, shingles, and artisan tree carvings,

seasonal greens and berries.

     (5) “Forest property owner” means a person who owns “forest land” or leases “forest land”

for a period of five (5) years or more, which lease permits the conduct of some or all “forest product

operations” on the “forest land”.

     (6) “Person” shall have the same meaning as defined in § 43-3-6.

     2-28-5. Declaration of policies.

     The general assembly finds and declares that it is the policy of the state to promote an

environment in which forest operations and forest-based businesses are safeguarded against

nuisance actions arising out of conflicts between forestry operations and urban and suburban land

uses, in a manner consistent with the provisions of chapter 23 of title 2 ("right to farm act"), and to

protect forest landowners with forest management plans from state administrative actions and

regulations above and beyond the restrictions on farms and agricultural operations on the same

subject, provided, that nothing herein shall be construed to authorize forestry activity in freshwater

wetlands except in accordance with all regulatory requirements imposed by the department of

environmental management.

     2-28-6. Intentional and negligent actions.

     The provisions of § 2-28-5 do not apply to forestry operations conducted in a malicious or

negligent manner, or to forestry operations conducted in violation of federal or state law.

     SECTION 2. Chapter 31-1 of the General Laws entitled "Definitions and General Code

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Provisions" is hereby amended by adding thereto the following section:

     31-1-8.1. Forestry vehicle.

     “Forestry vehicle” means every vehicle which is designed for and used for forest product

operations purposes, as defined in § 2-28-4, and used by the owner of the vehicle or family

member(s) or employee(s) or designees of the owner, in the conduct of the owner’s forestry product

operations, which use shall include the delivery of forest products produced by the forester but shall

not include commercial hire for non-forestry product operation uses, including, but not limited to,

hauling of sand and gravel, snow plowing, other than directly on the vehicle owner’s forest land.

For an owner to qualify as having forestry purposes, the owner shall provide evidence that he or

she meets the requirements of § 44-18-30.

     SECTION 3. Chapter 31-3 of the General Laws entitled "Registration of Vehicles" is

hereby amended by adding thereto the following section:

     31-3-31.4. Registration of forestry vehicles.

     (a) Forestry vehicles, as defined in § 31-1-8.1, equipped with rubber tires while being used

in forestry and operated on highways shall be registered on a form furnished by the administrator

of the division of motor vehicles and shall be assigned a special number plate with a suitable symbol

or letter indicating the usage of the forestry vehicle.

     (b) The administrator of the division of motor vehicles shall promulgate rules and

regulations for the inspection of forestry vehicles.

     (c) Forestry plates may be displayed on vehicles used in the delivery of forestry products

produced by the forester/forest product operator; however, forestry plates shall not be displayed on

vehicles used for delivery of products not produced from forest product operations.

     (d) Any forestry vehicle, as defined in § 31-1-8.1, that is not required to be registered other

than pursuant to the provisions of § 31-1-8.1, and that is covered by a liability insurance policy

applicable to forest land and/or forest product operations, shall be deemed to satisfy the liability

insurance as required by § 31-3-3(c) if the liability policy provides liability coverage for operation

of the vehicle, in limits meeting or exceeding, the provisions of § 31-32-24. Documentation of such

insurance, including the name of the carrier, policy, number, and effective date, may be required

by the division of motor vehicles for the registration of said vehicle and for the renewal of such

registration.

     SECTION 4. Section 42-64-5 of the General Laws in Chapter 42-64 entitled "Rhode Island

Commerce Corporation" is hereby amended to read as follows:

     42-64-5. Purposes.

     The Rhode Island commerce corporation is authorized, created, and established to be an

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agency under the jurisdiction of the state’s lead agency for economic development, the executive

office of commerce, and to be the operating agency of the state to carry out the policies and

procedure as established by the secretary, governor and the board of directors for the following

purposes:

     (1) To promote and encourage the preservation, expansion, and sound development of new

and existing industry, business, commerce, agriculture, forestry, tourism, and recreational facilities

in the state, which will promote the economic development of the state and the general welfare of

its citizens; and

     (2) With respect to real property other than federal land or land related to federal land, to

undertake any project, except a residential facility; and

     (3) With respect to federal land or land related to federal land, to undertake any project,

except as those responsibilities are assigned to the Quonset Development Corporation; and

     (4) To create an organization that is responsive to the needs and interests of businesses of

all sizes within the state of Rhode Island and to be structured to be customer centric to enhance

commerce in the state utilizing all available resources.

     SECTION 5. Section 44-5-12.1 of the General Laws in Chapter 44-5 entitled "Levy and

Assessment of Local Taxes" is hereby amended to read as follows:

     44-5-12.1. Assessment of tangible personal property.

     (a) All tangible personal property subject to taxation shall be assessed for taxation based

on the original purchase price (new or used) including all costs such as freight and installation.

Assets will be classified and depreciated as defined in this section.

     (b) The following classification and depreciation table shall be used in determining the

assessed value of tangible personal property.

     State of Rhode Island Tangible Property Classification

       Class I Class II Class III

     Class of Assets Short Life Mid-Life Long Life

     Age 1-5 yrs 6-12 yrs 13+ yrs

     1 95 95 95

     2 80 90 90

     3 60 80 85

     4 30 70 80

     5 20 60 75

     6 20 50 70

     7 20 40 65

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     8 20 30 60

     9 20 30 55

     10 20 30 50

     11 20 30 45

     12 20 30 40

     13 20 30 35

     14 20 30 30

     15+ 20 30 30

     Assets Shall Not be Trended

     (c) Assets shall be classified on an annual basis by the Rhode Island Association of

Assessing Officers’ Personal Property Committee based on the following table:

      INDUSTRY GROUP IN YEARS CLASS

      Agriculture and forestry machinery and equipment II

      Aircraft and all helicopters II

      Amusement and theme parks II

      Apparel and fabricated textile manufacturing II

      Automobile repair shops II

      Bakeries and confectionery production II

      Barber and beauty shops II

      Billboards III

      Brewery equipment not used directly in manufacturing II

      Cable television, headend facilities: II

       Microwave systems II

       Program origination II

       Service and test II

       Subscriber connection and distribution II

      Canneries and frozen food production II

      Cement processing III

      Chemical and allied production II

      Clay products processing III

      Cold storage and ice-making equipment III

      Cold storage warehouse equipment II

      Computers, personal computers (PC), laptops, tablets, cellphones,

      mainframe/servers, peripherals, keyboard, mouse I

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      Condiments, processing II

      Construction equipment, general construction, backhoes,

      forklifts, loaders, cranes, unregistered vehicles II

      Dairy products processing II

      Data handling equipment, except computers II

       printers, copiers, bridges, routers and gateways II

      Distilling II

      Electrical equipment not used in manufacturing II

      Electronic equipment II

      Fabricated metal products/special tools II

      Fishing equipment, excluding boats and barges, lines, nets I

      Food and beverage production II

      Fur processing II

      Gas distribution, total distribution equipment III

      Glass and glass products/special tools II

      Grain and grain mill products processing III

      Gypsum products III

      Hand tools II

      Hospital furnishings and equipment II

      Hotel and motel furnishings and equipment II

      Jewelry products and pens II

      Knitwear and knit products, ex, work uniforms I

      Laundry equipment II

      Leather and leather products II

      Logging, timber cutting II

      Marine construction II

      Meatpacking II

      Medical and dental supply production II

      Metalworking machinery processing II

      Mining and quarrying II

      Motion picture and television production II

      Motor vehicle and parts/special tools II

      Office furniture and equipment II

      Optical lenses and instrument processing II

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      Paints and varnishes I

      Petroleum refining III

       pipeline transportation III

      Plastics manufacturing I/II

      Plastic products processing/special tools II

      Primary metals production, nonferrous and foundry products III

       special tools III

      Primary steel mill products III

      Printing and publishing II

      Professional and scientific instruments II

      Radio and television, broadcasting II

      Railroad transportation equipment II

       locomotive II

      Recreation and amusement II

      Retail trades, fixtures and equipment II

      Residential furniture II

      Restaurant and bar equipment II

      Restaurant equipment, fast foods II

      Rubber products processing/special tools II

      Sawmills, permanent/portable II

      Service establishments II

      Ship and boat building equipment/special tools II

      Soft drink processing and bottling II

      Stone products processing III

      Telecommunications, local and interstate II

       analog switching II

       circuit, digital, analog, optic II

       information/origination equipment I/II

       smart phones I

       metallic cable III

       fiber cable, poles, conduit III

       all other equipment II

      Telecommunications, cellular

       analog/digital switching II

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       radio frequency channel and control II

       power equipment II

       antennae II

       towers III

       transmission equipment II

       cellular phones I

      Textile products, including finishing and dyeing II

       yarn, thread and woven fabrics II

      Theater equipment II

      Utilities/power production III

       generation, transmission, or distribution equipment III

      Waste reduction and resource recovery II

      Water transportation III

       vessels, barges and tugs III

      Water utilities III

      Wharves, docks and piers III

      Wholesale trade fixtures and equipment II

      Wood products and furniture manufacturing II

     (d) Any industry, group, or asset not enumerated in subsection (c) of this section, shall be

categorized as class II.

     SECTION 6. Chapter 44-5 of the General Laws entitled "Levy and Assessment of Local

Taxes" is hereby amended by adding thereto the following section:

     44-5-42.2. Taxation of forestry product operations buildings.

     Cities and towns may tax forestry product operations buildings at a rate that reflects the

actual costs incurred by the city or town in providing services to those buildings.

     SECTION 7. Section 44-27-1 of the General Laws in Chapter 44-27 entitled "Taxation of

Farm, Forest, and Open Space Land" is hereby amended to read as follows:

     44-27-1. Legislative declaration.

     It is declared:

     (1) That it is in the public interest to encourage the preservation of farm, forest, and open

space land in order to maintain a readily available source of food, and farm and forest products

close to the metropolitan areas of the state, to conserve the state’s natural resources, and to provide

for the welfare and happiness of the inhabitants of the state.

     (2) That it is in the public interest to prevent the forced conversion of farm, forest, and open

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space land to more intensive uses as the result of economic pressures caused by the assessment for

purposes of property taxation at values incompatible with their preservation as farm, forest, and

open space land.

     (3) That the necessity in the public interest of the enactment of the provisions of this chapter

is a matter of legislative determination.

     SECTION 8. Section 45-24-37 of the General Laws in Chapter 45-24 entitled "Zoning

Ordinances" is hereby amended to read as follows:

     45-24-37. General provisions — Permitted uses.

     (a) The zoning ordinance shall provide a listing of all land uses and/or performance

standards for uses that are permitted within the zoning use districts of the municipality. The

ordinance may provide for a procedure under which a proposed land use that is not specifically

listed may be presented by the property owner to the zoning board of review or to a local official

or agency charged with administration and enforcement of the ordinance for an evaluation and

determination of whether the proposed use is of a similar type, character, and intensity as a listed

permitted use. Upon such determination, the proposed use may be considered to be a permitted use.

     (b) Notwithstanding any other provision of this chapter, the following uses are permitted

uses within all residential zoning use districts of a municipality and all industrial and commercial

zoning use districts except where residential use is prohibited for public health or safety reasons:

     (1) Households;

     (2) Community residences; and

     (3) Family daycare homes.

     (c) Any time a building or other structure used for residential purposes, or a portion of a

building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire

or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home,

or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former

occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated

and otherwise made fit for occupancy. The property owner, or a properly designated agent of the

owner, is only allowed to cause the mobile and manufactured home, or homes, to remain

temporarily upon the land by making timely application to the local building official for the

purposes of obtaining the necessary permits to repair or rebuild the structure.

     (d) Notwithstanding any other provision of this chapter, appropriate access for people with

disabilities to residential structures is allowed as a reasonable accommodation for any person(s)

residing, or intending to reside, in the residential structure.

     (e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an

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owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 shall be permitted as a

reasonable accommodation for family members with disabilities or who are sixty-two (62) years of

age or older, or to accommodate other family members.

     (f) When used in this section the terms “people with disabilities” or “member, or members,

with disabilities” means a person(s) who has a physical or mental impairment that substantially

limits one or more major life activities, as defined in § 42-87-1(7).

     (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted

use and forest product operations, as defined in § 2-28-4 are permitted uses within all zoning

districts of a municipality, including all industrial and commercial zoning districts, except where

prohibited for public health or safety reasons or the protection of wildlife habitat.

     SECTION 9. Construction. This act, being necessary for the welfare of the state and its

inhabitants, shall be construed liberally so as to effectuate its purposes.

     SECTION 10. Severability. If any clause, sentence, paragraph, section, or part of this act

shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not

affect, impair, or invalidate the remainder of this act 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 11. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- FORESTRY AND FOREST PRODUCT

OPERATIONS

***

     This act would create a new motor vehicle registration for "forestry vehicles" and would

provide that forest product operations are permitted uses within all zoning districts of a municipality

except where prohibited for public health or safety reasons or the protection of wildlife habitat.

     This act would take effect upon passage.

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