CHAPTER 216
2001-S 814A
Enacted 07/13/2001


A  N     A   C   T

RELATING TO WATERS AND NAVIGATION

Introduced By:   Senators Sosnowski, Breene, and Walsh Date Introduced:   February 28, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Section 46-15.1-2 of the General Laws in Chapter 46-15.1 entitled "Water Supply Facilities" is hereby amended to read as follows:

46-15.1-2. Board created -- Appointment of members. -- (a) There is hereby created a water resources board consisting of thirteen (13) members as follows: Five (5) members shall represent the public and shall be appointed by the governor as herein provided, at least two (2) of whom shall be affiliated with public water systems in Rhode Island; one member shall be from the house of representatives who shall be appointed by the speaker of the house of representatives and one member shall be from the senate who shall be appointed by the majority leader of the senate; one member to be selected by the Rhode Island agricultural council established pursuant to the provisions of chapter 3 of title 2 and who is actively engaged in the agricultural business, preferably an owner and/or operator of an agricultural business; the remaining five (5) members are the director of environmental management, the director of the Rhode Island economic development corporation, the director of the department of administration, the director of the department of health, and the chairperson of the joint committee on water resources, all of whom shall serve ex officio. When this chapter shall take effect, the governor shall appoint one of the public members of the board to serve until the first day of March, 1992, two (2) members to serve until the first day of March, 1993, two (2) members to serve until the first day of March, 1994, and all to serve until their successors are appointed and qualified. In the month of February, 1992, and in the month of February in each year thereafter, the governor, with the advice and consent of the senate, shall appoint successors to the public members of the board whose terms shall expire in such year, to hold office commencing on the first day of March in the year of appointment and until the first day of March in the third year after their respective appointments and until their respective successors are appointed and qualified. The member selected by the Rhode Island agricultural council shall be selected by the executive committee of the Rhode Island agricultural council in the month of February, to hold office commencing on the first day of March in the year of appointment, and until the first day of March in the third year after his or her respective appointment and until his or her successor is qualified and appointed. Any vacancy which may occur in the board for a public member shall be filled by the governor, with the advice and consent of the senate, for the remainder of the unexpired term. Each ex officio member of the board may designate a subordinate within his or her department, and the chairperson of the joint committee on water resources may designate a subordinate within his or her department, and the chairperson of the joint committee on water resources may designate a member of the committee or a member of its staff to represent him or her at all meetings of the board.

(b) The water resources board is designated to carry out the provisions of this chapter. In exercising its powers under this chapter the board constitutes a body politic and corporate and a public instrumentality of the state having a distinct legal existence from the state and not constituting a department of the state government. The board may take action under this chapter at any meeting of the board. A member of the board who is affiliated with a public water system in Rhode Island, as provided in section 46-15-2, shall not thereby be disqualified from acting as a member of the board on a transaction under this chapter with a public water system. Upon the enactment of this chapter, and annually in the month of March thereafter, the board shall choose a treasurer to act as such under this chapter. The treasurer need not be a member of the board or of its staff and shall serve until his or her successor is chosen and takes office, unless sooner removed by the board with or without cause. In the event of a vacancy in the office of treasurer, the board shall fill the vacancy for the unexpired term.

(c) Nothing contained herein shall be construed as terminating or discontinuing the existence of the water resources board as it exists prior to July 1, 1993 for purposes of chapters 15.1, 15.2, and 15.3 of this title, and the water resources board created hereby shall be and shall be deemed to be a continuation of the water resources board as it existed prior to July 1, 1993 for the purposes enumerated in chapters 15.1, 15.2, and 15.3 of this title. Nothing contained herein shall affect the bonding or financing authority of the water resources board as it exists prior to July 1, 1993 nor shall anything contained herein be construed as terminating, altering, discontinuing, or in any way impairing the bonding or financing power of the water resources board as it exists under chapters 15.1, 15.2, and 15.3 of this title prior to July 1, 1993.

SECTION 2. This act shall take effect upon passage.


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