Chapter 203

2004 -- S 3113

Enacted 06/29/04

A N A C T

RELATING TO WATERS AND NAVIGATION -- THE RHODE ISLAND BAYS, RIVERS,

AND WATERSHEDS COORDINATION TEAM

Introduced By: Senators McCaffrey, Paiva-Weed, Walaska, Sosnowski, and Lenihan

Date Introduced: May 12, 2004

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 31

THE RHODE ISLAND BAYS, RIVERS, AND WATERSHEDS COORDINATION TEAM

46-31-1. Legislative findings. – The general assembly hereby finds and declares as

follows:

(1) The bays, rivers, and associated watersheds of Rhode Island are unique and

unparalleled natural resources that provide significant cultural, ecological, and economic benefit

to the state.

(2) Pursuant to the provisions of Article 1, Section 17 of the Rhode Island Constitution, it

is the duty of the general assembly to provide for the conservation of the air, land, water, plant,

animal, mineral, and other natural resources of the state; and to adopt all means necessary and

proper by law to protect the natural environment of the people of the state by providing adequate

resource planning for the control and regulation of the use of the natural resources of the state;

and for the preservation, regeneration, and restoration of the natural environment of the state.

(3) It is in the best interest of the state and its citizens to preserve, protect, and restore our

bays, rivers, and associated watersheds.

(4) Sixty percent (60%) of the watershed of Narragansett Bay is within Massachusetts,

almost all of the watershed of Mount Hope Bay is within Massachusetts, and five percent (5%) of

the watershed of Little Narragansett Bay is within Connecticut; further, a cluster of water-related

economic interests spans the three (3) states.

(5) There are a number of separate agencies of the state defined by statute, granted

statutory authority, and appropriated state resources for the performance of distinct functions, the

development of various programs, and the execution of diverse regulatory powers that affect the

bays, rivers, and watersheds of Rhode Island including management, preservation, restoration,

and monitoring of the natural resources, and promotion of sustainable economic development of

the water cluster. It is important to retain these various agencies as separate and distinct entities.

Each agency has essential and distinct responsibilities. However, each of these agencies has

limited responsibilities and jurisdictions. No one agency has the statutory authority to adequately

address the full range of issues that pertain to the bays, rivers, and watersheds.

(6) The formation of an interagency group for the coordination of the functions,

programs, and regulations that affect the bays, rivers, and watersheds is the most effective way to

transcend the limited responsibilities and jurisdictions of each agency, address complex issues

using an ecosystem-based approach, and provide for continuity over time.

(7) There is a need for coordination of the development and implementation of policies

and plans for the management, preservation, restoration, and monitoring of the bays, rivers, and

watersheds; and the promotion of sustainable economic development of businesses that rely

directly or indirectly on the bays, rivers, and watersheds.

(8) There is a need for the development of a systems-level plan that synthesizes

individual plans and coordinates separate authorities. The systems-level plan must establish

overall goals and priorities, set forth a strategy for obtaining goals which delineates specific

responsibilities among agencies, identify funding sources and a timetable for obtaining goals,

provide an estimate of the total projected cost of implementation, and oversee a monitoring

strategy to evaluate progress in implementing the plan and to provide the necessary information

to adapt the plan in response to changing conditions.

(9) The implementation of a systems-level plan needs to include the preparation of

coordinated annual work plans, annual work plan budgets, and multi-year funding plans in order

to identify areas of duplicative or insufficient effort or funding.

(10) The development and implementation of a systems-level plan must be coordinated

with local and federal efforts and efforts in Massachusetts and Connecticut and in some cases

with other states in the region that have connections with the ecosystem and/or the water cluster.

It must be accomplished with input from scientists, policy-makers, non-governmental

organizations, and the general public.

(11) There is a need for a structure and process that enhances the efficiency of the goal

setting and oversight roles of the legislature including fiscal and performance accountability.

46-31-2. Definitions. -- As used in this chapter, unless the context clearly indicates

otherwise:

(1) "Coordination" shall mean to harmonize in a common action or effort and/or to

function in a complementary manner.

(2) "Coordination team" or "team" means the Rhode Island Bays, Rivers, and Watersheds

Coordination Team that is the group of senior executive officials created in section 46-31-3.

(3) "Chair" shall mean the chairperson of the coordination team.

(4) "Bays" shall mean the estuaries including Narragansett Bay, Mount Hope Bay,

Greenwich Bay, Little Narragansett Bay, the coastal ponds, the Sakonnet River, and Rhode Island

territorial waters that extend seaward three geographical miles from the shoreline including the

area around Block Island.

(5) "River" shall mean a flowing body of water or estuary or a section, portion, or

tributary thereof, including but not limited to, streams, creeks, brooks, ponds, and small lakes.

(6) "Watershed" shall mean a land area which because of its topography, soil type, and

drainage patterns acts as a collector of raw waters which regorge or replenish rivers and existing

or planned public water supplies.

(7) "Systems-level plan" means an interagency ecosystem-based plan for the bays, rivers,

and watersheds that: (i) establishes overall goals and priorities for the management, preservation,

and restoration of bays, rivers, and watersheds and the promotion of sustainable economic

development of the water cluster; (ii) sets forth a strategy for attaining goals which delineates

specific responsibilities among agencies; (iii) identifies funding sources and a timetable for

attaining goals; and (iv) provides an estimate of the total projected cost of implementing the plan

including capital improvements; (v) guides a strategy for a monitoring program that evaluates

progress in implementing the plan and to provide the necessary information to adapt the plan in

response to changing conditions.

(8) "Ecosystem-based plan" means a plan that addresses the complex interrelationships

among the ocean, land, air, and all living creatures including humans, and considers the

interactions among multiple activities that affect entire systems.

(9) "Water cluster" means an economically interconnected grouping of businesses,

institutions, and people relying directly or indirectly on the bays, rivers, and watersheds

including, but not limited to, the following sectors: (i) recreation, tourism, and public events; (ii)

fisheries and aquaculture; (iii) boat and ship building; (iv) boating-related businesses; (v)

transportation; (vi) military; (vii) research; and (viii) technology development and education.

46-31-3. Coordination team and chair position created. -- (a) There is hereby created

and established within the office of the governor the “Rhode Island Bays, Rivers, and Watersheds

Coordination Team”. The coordination team shall include the senior executive official of the

following agencies of the state: the Coastal Resources Management Council; the Rhode Island

Department of Environmental Management; the Department of Administration; the Rhode Island

Water Resources Board; the Rhode Island Rivers Council; the Rhode Island Economic

Development Corporation; and the Narragansett Bay Commission.

(b) A member of the coordination team may designate in writing a designee of that

member’s agency to act in the place of that member.

compensation.

(d) The governor shall appoint a chair of the coordination team, with the advice and

consent of the senate, within four (4) months of the passage of this act. The chair shall serve at

the pleasure of the governor. Provided, in making the appointment of said chair, the governor

shall select an individual from outside of those agencies listed in subsection (a) herein. The

governor shall further provide the coordination team with suitable quarters and resources so as to

enable it to perform its functions.

(e) The chair of the coordination team may request the involvement of other state

agencies as may be appropriate to carry out the duties of the team as set forth in this chapter.

(f) The coordination team shall meet initially at the call of the governor until the chair has

been appointed and qualified. The team shall remain in existence until such time as it is

terminated by action of the general assembly.

46-31-4. Purpose and duties of the coordination team. -- (a) The purpose and duties of

the coordination team shall include: (1) preparing and adopting by rule a systems-level plan as

provided for pursuant to the provisions of section 46-31-5; (2) coordinating the projects,

programs, and activities carried out by the members of the team and its committees that pertain to

the implementation of such plan pursuant to the provisions of section 46-31-6; and (3)

coordinating with other state agencies, local governments, federal agencies, other states, and non-

government entities, as necessary, to accomplish the purpose of preparing and implementing a

systems-level plan.

(b) The coordination team shall be responsible for recommending to the governor and the

general assembly actions necessary to effectuate the coordination of projects, programs, and

activities described in this chapter.

projects, programs, and activities to assist the general assembly in the general assembly's

exercise of oversight in order to maximize the efficient use of state and available resources.

(d) The coordination team shall meet on a quarterly basis or more often if deemed

necessary by its members. In order to constitute a quorum for the transaction of any business, at

least two-thirds of the membership of the team must be present.

(e) Within the first six (6) months after the passage of this act, the coordination team shall

meet monthly at the call of the governor, and shall be chaired by the governor or a designee of the

governor until such time when the chair of the team is appointed and qualified.

(f) The team shall convene a joint meeting with the scientific advisory committee and the

public advisory committee established pursuant to the provisions of this chapter, at least once per

year.

46-31-5. Preparation of a systems-level plan. -- (a) The coordination team shall be

responsible for the preparation of a systems-level plan and may recommend adoption of all or

portions of said plan by the State Planning Council as elements of the state guide plan. Nothing

in this chapter shall be interpreted to contravene the statutory authority of the State Planning

Council to adopt a state guide plan and elements thereof.

(b) The systems-level plan shall establish overall goals and priorities for the management,

preservation, and restoration of the state’s bays, rivers, and watersheds, and the promotion of

sustainable economic development of the water cluster.

specific responsibilities among agencies, and shall identify funding sources and a timetable for

attaining goals.

(d) The systems-level plan shall include an estimate of the total projected cost of

implementing the plan including capital improvements.

(e) The systems-level plan shall include but not be limited to, planning for:

(1) reduction of pollution from point source discharges, including, but not limited to,

municipal and industrial discharges, and storm water and combined sewer overflows;

(2) reduction of pollution from non-point sources, including, but not limited to, on-site

individual sewage disposal systems, residential and agricultural fertilizing practices, animal

wastes, recreational boating, and land use practices;

(3) protection and restoration of shellfish and finfish;

(4) protection and restoration of aquatic and terrestrial habitat;

(5) conservation of open space and promotion of smart growth practices;

(6) management of aquatic nuisance species;

(7) management of dredging and dredged material disposal;

(8) identification of research needs and priorities;

(9) promotion of education and outreach;

(10) promotion of equitable public access; and

(11) promotion of sustainable economic development of the water cluster.

(f) The systems-level plan shall include the development of strategies for both

environmental and economic monitoring programs. The monitoring programs shall evaluate

progress in implementing the plan and provide the necessary information to adapt the plan in

response to changing conditions. The implementation of said programs shall be accomplished by

the economic monitoring collaborative created by 46-31-9.(d) and the environmental monitoring

collaborative created by 46-31-9.(e).

(g) A scope of work for the systems-level plan shall be completed within six (6) months

of the passage of this act. A copy of said scope of work shall be submitted for review to the

governor, the speaker of the house of representatives, and the president of the senate.

(h) A draft of the systems-level plan shall be completed on or before January 31, 2006. A

copy of such draft shall be submitted for review to the governor, the speaker of the house of

representatives, and the president of the senate.

(i) The systems-level plan shall be completed on or before June 30, 2006. A copy of such

plan shall be submitted for review to the governor, the speaker of the house of representatives,

and the president of the senate.

46-31-6. Implementation of the systems-level plan. -- (a) The team shall be responsible

for coordinating the projects, programs, and activities necessary to implement the systems-level

plan.

(b) In order to facilitate the coordination of the implementation of the systems-level plan

the team shall prepare an annual work plan. The annual work plan shall prescribe the necessary

projects, programs, and activities each member of the team shall perform for the following fiscal

year to implement the systems-level plan. It shall include, but not be limited to, the systems-level

plan priorities, individual work plan elements, and significant program products including

proposed regulations, grant solicitations, schedules for production of environmental documents,

and project selection processes. The preparation of the annual work plan shall include an

evaluation of any needed revisions to the systems-level plan including changes to the timetable

for attaining goals or adaptations in response to the results of the monitoring programs.

The first annual work plan shall be prepared for work to be completed during fiscal year

2007 and each year thereafter.

activities with other relevant activities including, but not limited to, those prescribed by other

state, local, federal, and non-governmental organization programs.

(d) The team shall prepare a proposed annual work plan budget for inclusion in the

governor’s annual budget as submitted to the general assembly and for submittal to the speaker of

the house of representatives, and the president of the senate which shall identify the total funds

necessary to implement the annual work plan including any proposed capital improvements. It

shall also include any recommendations for the allocation of appropriated funds among agencies

to achieve the purpose of this chapter. The first annual work plan budget shall be prepared for

inclusion in the governor’s annual budget for 2007 as submitted to the general assembly and each

year thereafter.

(e) The team shall hold a minimum of one (1) public hearing each year to solicit public

comment on the annual work plan and annual work plan budget.

(f) The team shall coordinate with federal agencies to develop proposed federal

agreements to support the implementation of the systems-level plan.

(g) The team, in consultation with the scientific advisory committee, shall be responsible

for coordinating the work of any entity that receives grants or other funding from the state of

Rhode Island for research related to bay, river, and watershed management. The team shall seek

to prioritize and direct areas of research in order to meet the goals and policies established by the

systems-level plan.

(h) The team may facilitate the resolution of programmatic conflicts that may arise during

the implementation of the systems-level plan between or among members of the team.

(i) The team shall develop a regulatory coordination and streamlining process for the

issuance of permits and approvals required under local, state, and federal law as necessary to

implement the systems-level plan that reduces or eliminates duplicative permitting processes.

(j) Within ninety (90) days after the end of each fiscal year, the team shall submit a

written progress report that describes and evaluates the successes and shortcomings of the

implementation of the annual work plan from the previous fiscal year to the governor, the speaker

of the house of representatives, and the president of the senate. Where prescribed actions have not

been accomplished in accordance with the annual work plan, the responsible members of the

team shall include in the report written explanations for the shortfalls, together with their

proposed remedies. The report shall also include an evaluation of the progress of the coordinative

efforts and shall include any recommendations regarding modifications to the composition of the

team, including, but not limited to, the proposed addition of any new members to the team.

(k) Within six (6) months of the completion of the systems-level plan the team shall

prepare a report and convene a public forum in order to disseminate information about the current

condition of the environmental health of Rhode Island’s bays, rivers, and watersheds; and the

economic vitality of the water cluster using information collected by the economic and

environmental monitoring collaboratives.

(l) Within four (4) years after the completion of the systems-level plan and every four (4)

years thereafter, the team shall prepare a report and convene a public forum in order to

disseminate information about the current condition of the environmental health of Rhode

Island’s bays, rivers, and watersheds; and the economic vitality of the water cluster using

information collected by the economic and environmental monitoring collaboratives. The report

shall include an evaluation of the progress made towards attaining the systems-level plan’s goals,

and an evaluation of any updates necessary for the strategies for the economic and environmental

monitoring programs.

46-31-7. Duties of chairperson. -- (a) In addition to calling the meetings of the team, the

chair shall facilitate the coordination necessary for the team to develop the systems-level plan,

and to prepare annual work plans, annual work plan budgets, reports, and any other documents

requested under the provisions of this chapter.

(b) The chair shall be responsible for presenting the systems-level plan, annual work

plans, annual work plan budgets, reports, and other documents to the governor, the speaker of the

house of representatives, and the president of the senate.

including hiring support staff with appropriations, terminating staff when necessary, preparing

budgets, contracting, and delegating administrative functions to support staff.

46-31-8. Powers of the coordination team. -- (a) In order to accomplish the purposes of

this chapter and to effectuate the coordination required by this chapter, the coordination team is

authorized and directed to exercise the following powers:

(1) Adopt procedures for the conduct of business as needed to carry out the provisions of

this chapter;

(2) Request reports from local, state, and federal entities or agencies in order to perform

their duties as provided for in this chapter;

(3) Make application for grants, services or other aids as may be available from public or

private sources to finance or assist in effectuating any purposes or duties as set forth in this

chapter, and receive and accept the same on such terms and conditions as may be required by

general laws;

(4) Employ the services of other public, nonprofit or private entities;

(5) Enter into agreements and into contracts consistent with existing contracting practices

of the Department of Administration;

(6) Request assistance from state employees provided that such assistance does not

adversely impact the operation of affected agencies; and

(7) Such other powers as may be necessary or convenient to the performance of these

functions.

(b) The coordination team may:

(1) Collect, compile, analyze, interpret, summarize, and distribute any information

relative to Rhode Island’s bays, rivers, and watersheds and the duties of the team, subject to any

privileges or legal requirements of privacy;

(2) Within available funding, employ any technical experts, other agents, and employees,

permanent and temporary, that it may require to carry out its functions pursuant to this chapter,

and determine their qualifications, duties, and compensation.

legislature as deemed necessary to perform its duties.

(d) Nothing in this statute shall be construed to grant the coordination team the authority

to impair, derogate or supersede constitutional, statutory, regulatory or adjudicatory authority or

public trust responsibilities of any local, state or federal entity.

46-31-9. Committees. -- (a) The coordination team may appoint such subcommittees,

task forces or advisory committees to make recommendations to the team as it deems necessary

to carry out the provisions of this chapter. The coordination team shall annually review the work

done by, and the need for, any such subcommittees, task forces, and/or advisory committees, and

shall terminate the existence of such entities that are deemed to have fulfilled their purpose and/or

are no longer deemed necessary by the team.

(b) A “scientific advisory committee” shall be established to advise the coordination team

on research priorities, technical matters, and best management practices. The members of the

scientific advisory committee shall be appointed by the governor to serve for terms of two (2)

years. The members of said committee shall consist of members of the academic community as

well as non-government organizations. The members of the scientific advisory committee shall

receive no additional compensation for their services on the committee. The scientific advisory

committee shall assist the coordination team in:

(1) Ensuring that peer review is employed in the development of an environmental

monitoring strategy;

(2) Providing the team with unbiased reviews of current validated scientific knowledge

relevant to their work; and

(3) Assisting with the review of existing or future plans.

The scientific advisory committee shall elect annually from among their members a chair

and a vice-chair.

the development and implementation of the systems-level plan, and the preparation of annual

work plans and annual work plan budgets. The members of the public advisory committee shall

be appointed by the governor for terms of two (2) years each. The members of said public

advisory committee shall include, but not be limited to, representatives from the following

groups: commercial fishers, recreational fishers, environmental advocacy organizations, and

economic advocacy organizations. The members of the public advisory committee shall receive

no additional compensation for their services to the committee. The public advisory committee

shall elect annually from among their members a chair and a vice-chair.

(d) An "economic monitoring collaborative" shall be established for the purpose of

developing and implementing a strategy for an economic monitoring program as specified by this

section. The members of the economic monitoring collaborative shall be appointed by the

governor to serve for two (2) years and shall include, but not be limited to, a representative from

the Rhode Island Economic Policy Council and a representative from the Department of

Environment and Natural Resource Economics at the University of Rhode Island. From among

the members, the governor shall appoint a chair. Members of the economic monitoring

collaborative shall serve without additional salary but may be paid expenses incurred in the

performance of their duties. The strategy for the economic monitoring program shall include

baselines, protocols, guidelines, and quantifiable indicators for assessing the economic health and

performance of the water cluster. Economic indicators shall include, but not be limited to, the

following aspects where or when appropriate and/or available: (1) total gross state product

originating in the water cluster; (2) direct and indirect employment in the water cluster; and (3)

public expenditures for infrastructure to support the water cluster. The strategy for said economic

monitoring program shall be developed by the economic monitoring collaborative and adopted by

the coordination team within six (6) months of passage of this act; and shall be reviewed and

updated every four (4) years, and included in the reports described in 46-31-6 (l).

(e) An "environmental monitoring collaborative" shall be established for the purpose of

developing and implementing a strategy for an environmental monitoring program as specified by

this section or as otherwise provided for by statute. The environmental monitoring collaborative

shall include, but not be limited to, one representative from each of the following: Coastal

Institute at the University of Rhode Island (“URI”) Bay Campus (Chair); Coastal Resources

Management Council; Department of Environmental Management; Department of Health; URI

Watershed Watch; URI Graduate School of Oceanography; Narragansett Bay Commission;

Statewide Planning Program (RIGIS) Division; and URI Environmental Data Center. Members

of the environmental monitoring collaborative shall serve without additional salary but may be

paid expenses incurred in the performance of their duties. The strategy for the environmental

monitoring program shall be developed in consultation with the scientific advisory committee and

shall include baselines, protocols, guidelines, and quantifiable environmental indicators.

Environmental indicators shall include, but not be limited to, the following aspects where

appropriate for rivers and bays: (1) land cover or uses within the shoreline buffers; (2) water

temperature, salinity, and pH; (3) concentrations of nitrogen, phosphorous, dissolved oxygen, and

bacteria;(4) water flows and circulation; (5) species assemblages and relative abundances of

finfish, shellfish, and benthic macroinvertebrates; and (6) presence of aquatic nuisance species.

The strategy for said monitoring program shall be developed by the environmental monitoring

collaborative and adopted by the coordination team within six (6) months of passage of this act;

and shall be reviewed and updated every four (4) years, and included in the reports described in

46-31-6 (l).

(f) The data collected as part of the economic and environmental monitoring programs

shall be analyzed, synthesized, and made accessible to the governor, the general assembly, and

the general public.

(g) The committees and collaboratives established pursuant to this chapter shall remain in

existence so long as the coordination team is in existence. All committees shall expire and

dissolve upon the expiration and/or dissolution of the coordination team.

46-31-10. Compliance with plans by local municipalities. – The statewide planning

program established pursuant to the provisions of Chapter 42-11 shall advise the coordination

team on issues of planning in general and also on local comprehensive plans, and shall consider

recommendations for revisions to the state guide plan from the coordination team as necessary to

achieve consistency with the systems-level plan for Rhode Island’s bays, rivers, and watersheds.

As provided for in chapter 45-22.2, cities and towns shall amend their comprehensive plans to

conform with the state guide plan elements adopted or amended to effectuate this chapter but not

later than within one (1) year.

46-31-11. Plans, reports, budgets, and other documents. – All plans, reports, budgets

or other documents required to be produced pursuant to this chapter shall be submitted to the

speaker of the house of representatives, president of the senate, the chairpersons of the house of

representatives and senate finance committees, and the chairpersons of the appropriate house of

representatives and senate oversight entities; further, all plans, reports, budgets or other

documents required to be produced pursuant to this chapter shall be considered by the house of

representatives and senate finance committees in their current and future budget processes.

Adherence to such plans, reporting requirements, and budgets and the timely achievement of

goals contained therein shall be considered by the finance committees and the oversight entities

of the house of representatives and senate, among other relevant factors, in determining

appropriations or other systemic changes.

46-31-12. Staff and budget. -- (a) The coordination team may employ staff and make

such expenditures as may be authorized by the general assembly from time to time. The

coordination team shall annually prepare an operating budget for inclusion in the governor’s

annual budget as submitted to the general assembly and for submittal to the speaker of the house

of representatives and the president of the senate.

(b) The office of the governor is authorized and directed to establish a position in the

unclassified service for the chair of the coordination team, and to perform such administrative

support functions as may be required.

46-31-13. Assistance by state officers, departments, boards and commissions. -- (a)

All state agencies may render any services to the coordination team within their respective

functions as may be requested by the team.

(b) Upon request of the coordination team, any state agency is authorized and empowered

to transfer to the team any officers and employees as it may deem necessary from time to time to

assist the team in carrying out its functions and duties pursuant to this chapter.

46-31-14. Severability. -- If any provision of this chapter or the application thereof to

any person or circumstances is held invalid, such invalidity shall not affect other provisions or

applications of the chapter, which can be given effect without the invalid provision or application,

and to this end the provisions of this chapter are declared to be severable.

SECTION 2. This act shall take effect upon passage.

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LC03386

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