2023 -- H 6056

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LC001344

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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 WATERS AND NAVIGATION -- ACT ON COASTS - COASTAL

RESILIENCY

     Introduced By: Representatives Spears, Carson, Cortvriend, Finkelman, Casimiro,
Kazarian, Boylan, McGaw, Shanley, and Speakman

     Date Introduced: March 03, 2023

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

hereby amended by adding thereto the following chapter:

CHAPTER 23.4

ACT ON COASTS - COASTAL RESILIENCY

     46-23.4-1. Short title.

     This chapter shall be known and may be cited as the "Act on Coasts – Coastal Resiliency".

     46-23.4-2. Rhode Island chief resilience officer (CRO).

     (a) The Rhode Island chief resilience officer ("CRO") shall create, maintain, and keep

current the state's resiliency and community recovery program. The CRO shall work half-time in

the department of administration (DOA) and half-time in the department of environmental

management (DEM) and be a member of the executive climate change coordinating council(EC4)

coastal advisory board.

     (b) The CRO shall:

     (1) Develop a statewide resilience plan with the EC4 to improve coordination among state

agencies and local jurisdictions to support community and economic recovery efforts and to address

risk and vulnerability reduction from sea rise, riverine flooding and urban heat and shall provide

the plan to the governor, the EC4 and the general assembly by June 30, 2025 to be included in the

state climate plan as outlined in the act on climate which statewide plan is due December 31, 2025;

     (i) It shall be based on existing data and the best available science regarding the current

and anticipated environmental effects of climate change in Rhode Island, including, but not limited

to, increased temperatures, sea level rise, increased frequency or severity of rainfall, storms and

flooding, increased forest fires, and increased frequency and severity of droughts, anticipated by

scientists at least through 2050, working in concert with the goals outlined in chapter 6.2 of title 42

("act on climate");

     (ii) The state resiliency office (the "office") shall develop, implement, and maintain the

state resilience plan and shall coordinate statewide resilience and disaster recovery efforts,

including coordination with federal, state, and local governmental agencies, stakeholders, and

nongovernmental entities. The office shall coordinate and strengthen efforts to reduce losses from

future disasters across the state and shall develop, implement, and maintain a strategic statewide

resilience plan;

     (2) The state resiliency office shall consult with the governor's office, the Rhode Island

emergency management agency (RIEMA), the department of health (DOH), DEM, the coastal

resources management council (CRMC), and all other affected state agencies in developing the

state resilience plan;

     (3) In developing the program, the CRO shall ensure a participatory process that includes

local government, state agencies, business, labor, industry, agriculture, civic and volunteer

organizations, academia, community leaders, and other stakeholders;

     (4) Provide technical assistance to municipalities for the implementation of resilience

planning, including resilience frameworks, vulnerability profiles, risk-reduction plans, and

economic development strategies;

     (5) Provide technical assistance to state agencies for the implementation of resilience

policies and procedures and to institutionalize resilience practices across departments and agencies;

     (6) Provide technical assistance to local governments and state agencies to secure

additional resources and investment to implement resilience solutions;

     (7) Integrate resilience criteria into existing competitive grant programs;

     (8) Develop metrics and targets to measure the short- and long-term success of resilience

efforts and actions;

     (9) Support RIEMA in long-term community recovery efforts and resource navigation after

a disaster;

     (10) Provide strategic direction and support to the EC4 and other cross-departmental

climate change resilience initiatives; and

     (11) Facilitating on-going stakeholder engagement, particularly the Rhode Island business

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community, realtors, engineers, municipalities, academia, environmental justice communities, state

and local emergency response teams and the health care delivery systems and input into

recommendations.

     (c) The chief resilience officer will provide support to agencies as they identify and

incorporate projections related to coastal change provided by the state resilience plan into their

strategic plans.

     46-23.4-3. Coastal resilience plan.

     (a) The statewide climate change resilience strategy shall include a coastal resilience plan

that recommends a specific long-term strategy for climate change resilience and adaptation in the

coastal areas of the state, i.e., tidal and non-tidal waters, waterfronts, and inland areas along the

coast. The coastal resilience plan shall include, at a minimum:

     (1) An assessment of the vulnerabilities of communities located within the coastal areas to

climate change effects such as rising sea levels, increased flooding, and tidal and storm surge

flooding anticipated by the year 2050, including physical, economic, and social vulnerabilities;

     (2) A description of the investments that the state, along with the federal government, local

governments, and other organizations, have already made or committed to make in building the

resilience of coastal communities, including hard and nature-based resistance structures, planning

guidance and assistance, and other resilience and adaptation measures;

     (3) Recommended methodologies for decision-making for further investment of state or

federal funds in constructing additional hard or nature-based resilience structures to prevent or

mitigate impacts of climate change, or in adopting other resilience or adaptation strategies;

     (4) Recommendations for further actions to be taken by the state to assist coastal

communities in planning for, mitigating, and adapting to the anticipated impacts of climate change;

and

     (5) Recommendations for financing strategies to fund the recommended resilience and

adaptation measures.

     (b) The statewide climate change resilience strategy shall be updated as necessary and shall

be reviewed at least every two (2) years by the chief resilience officer, with the support of the

interagency council, to ensure consistency with the scientific report on climate change and with

evolving scientific information.

     SECTION 2. Chapter 42-6.2 of the General Laws entitled "2021 Act on Climate" is hereby

amended by adding thereto the following section:

     42-6.2-4.1. Advisory board on resilience for ocean and riverine coasts.

     (a) The advisory board on resilience for ocean and riverine coasts is hereby established.

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The advisory board shall have fourteen (14) members. Six (6) members shall be appointed by the

governor; two (2) of whom shall be representatives of city or town government. Four (4) members

shall be appointed by the president of the senate, who shall give due consideration to appointing

persons with expertise in insurance; flood management and mitigation; and infrastructure. Four (4)

members shall be appointed by the speaker of the house, who shall give due consideration to

appointing persons with expertise in land use planning; environmental organization; riverine

geology; and real estate.

     (b) The members of the advisory board shall be appointed for terms of three (3) years;

provided, however, that, with regard to the initial appointments, four (4) members shall be

appointed for terms of one year; five (5) members shall be appointed for a term of two (2) years;

and five (5) members shall be appointed for a term of three (3) years. Members may be reappointed,

and their appointments shall continue until their successors are appointed. The term of a member

representing a city or town shall end when the member no longer holds an elected or appointed

position in the city or town they were representing. 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) The 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

EC4 council. The chairperson of the council, or designee, shall be present for all advisory board

meetings.

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

     (1) Advise the EC4 on all matters including plans, programs, strategies and make

recommendations for adaptation on resilience in urban, coastal and riverine environments, and sea

rise environments;

     (2) Assist the EC4 in improving public access to the best available scientific, technical and

other information regarding coastal, riverine, and urban resilience;

     (3) Serve as a conduit for communicating information from the EC4 to communities and

constituencies as well as vice versa, for input from the community level to the EC4; and

     (4) No later than June 30, 2025, the EC4 with the state resilience offices shall prepare a

state coastal and resilience plan for submission to the governor. The plan shall also be submitted to

the EC4 to be included in the climate plan described in § 42-6.2-2(a)(2)(i).

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     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 WATERS AND NAVIGATION -- ACT ON COASTS - COASTAL

RESILIENCY

***

     This act would establish a chief resilience officer (CRO) and a resiliency office for the state

charged with the creation, maintenance and updating of the state's resiliency and community

recovery program. The act would also create a statewide climate change resilience strategy for

climate change as well as an advisory board on resilience for ocean and riverine coasts.

     This act would take effect upon passage.

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