Chapter 254

2004 -- H 8642

Enacted 07/01/04

A N A C T

RELATING TO WATERS AND NAVIGATION

Introduced By: Representatives Naughton, Crowley, Giannini, Cerra, and Ginaitt

Date Introduced: June 10, 2004

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 42-17.1 of the General Laws entitled "Department of

Environmental Management" is hereby amended by adding thereto the following section:

42-17.1-2.3. Watershed-based management. – In order to accomplish the duties and

responsibilities for the protection, development, planning and utilization of the natural resources

of the state, the director is authorized:

(a) to plan, coordinate, integrate, manage, exercise and/or implement the powers set forth

in this chapter on a watershed basis for the purposes of preserving and/or improving ecosystem

functionality, protecting public health, safety and welfare, and providing for the use of natural

resources, including for recreational and agricultural purposes;

(b) to work in conjunction with the Rhode Island Rivers Council and in cooperation with

federal, interstate, state, local and private agencies and community organizations and watershed

groups and associations and persons to effectuate watershed-based management, as appropriate

and desirable; and

of systems level planning by the state.

SECTION 2. Sections 46-15-1, 46-15-18 and 46-15-22 of the General Laws in Chapter

46-15 entitled "Water Resources Board" are hereby amended to read as follows:

46-15-1. Legislative declaration. -- The general assembly hereby finds and declares that:

(1) The state of Rhode Island and Providence Plantations has been endowed with many

and abundant sources of water supplies located advantageously, for the most part, throughout the

state. The proper development, protection, conservation, and use of these water resources are

essential to the health, safety, and welfare of the general public, and to the continued growth and

economic development of the state;

(2) In recent years it has become increasingly apparent that water supply management,

protection, development, and use must be fully integrated into all statewide planning, and rivers

and watershed planning and management processes, and that the allocation of the state's water

resources to all users, purposes, and functions, including water to sustain our natural river and

stream systems and natural biotic communities, must be equitably decided and implemented

under a process which emphasizes efficiency of use and management, minimization of waste,

protection of existing supplies, demand management, drought management, conservation, and all

other techniques to ensure that our water resources serve the people of Rhode Island for the

longest time, in the most efficient use, and in an environmentally sound manner;

(3) The character and extent of the problems of water resource development, utilization,

and control, and the widespread and complex interests which they affect, demand action by the

government of the state of Rhode Island in order to deal with these problems in a manner which

adequately protects the general welfare of all the citizens of the state;

(4) In order to retain and encourage the expansion of our present industries, and to attract

new industries, and to promote the proper growth and desirable economic growth of the entire

state, and to sustain the viability of water resource-dependent natural systems, agriculture, and

recreation, state government must play an active role in fostering and guiding the management of

water resources; ~~and~~

(5) There are state and municipal departments, special districts, private firms, and other

agencies in the state who have capabilities and experience in the design, construction, operation,

and financing of water supply and transmission facilities, which capabilities and experience must

be brought to bear on the total problem of water resources development in a coordinated manner

if the proper development, conservation, apportionment, and use of the water resources of the

state are to be realized.; and

(6) It shall be the duty of the water resources board to regulate the proper development,

protection, conservation and use of the water resources of the state.

46-15-18. Relations with other governmental bodies and agencies. -- In order to

adequately protect the interests of the state in its water resources, the water resources board is

hereby authorized to:

(1) Cooperate with the appropriate agencies of the federal government, of the state or

other states, or any interstate bureau, group, division, or agency with respect to the use of ground

and surface waters, which are without or wholly or partially contained within this state, and to

endeavor to harmonize any conflicting claims which may arise therefrom.

(2) Appear, represent, and act for the state in respect to any proceeding before either a

federal or state governmental body or agency where the water resources of the state may be

affected, and may do and perform such acts in connection therewith as it deems proper to protect

the interests of the state.

(3) Present for the consideration of the congress or officers of the federal government, as

occasion requires, the just rights of the state in relation to its waters, and institute and prosecute

appropriate actions and proceedings to secure those rights, and defend any action or proceeding

calculated to impair those rights.

(4) Facilitate, encourage and support water resources management on a watershed basis,

in a manner that supports systems level planning.

46-15-22. Transfer of powers and functions to the water resources board. -- There

are hereby transferred to the water resources board:

(1) Those functions of the department of administration which were administered

through or with respect to board programs in the performance of strategic planning as defined in

section 42-11-10(c); ~~and~~

(2) All officers, employees, agencies, advisory councils, committees, commissions, and

task forces who were performing strategic planning functions as defined in section 42-11-10(c).;

and

(3) Those duties and functions of the statewide planning program for support to the

Rhode Island Rivers Council.

SECTION 3. Chapter 46-15.1 of the General Laws entitled "Water Supply Facilities" is

hereby amended by adding thereto the following section:

46-15.1-5.1. Powers in support of the Rhode Island Rivers Council. – Upon the

request of the Rhode Island Rivers Council, the board may exercise any powers set forth in

section 46-15.1-5 on behalf of the Rhode Island Rivers Council in order to accomplish the

purposes of the council.

SECTION 4. Sections 46-28-2, 46-28-4, 46-28-5, 46-28-7, 46-28-7.1, 46-28-8, 46-28-9

and 46-28-10 of the General Laws in Chapter 46-28 entitled "The Rhode Island Rivers Council"

are hereby amended to read as follows:

46-28-2. Legislative findings and declaration of public policy. -- (a) ~~Unlike many other~~

~~states, Rhode Island does not have an affirmative, clearly articulated program to manage and~~

~~protect its rivers and watershed resources. State jurisdiction over rivers, environmentally,~~

~~culturally, and economically is scattered among various state agencies, and in some instances,~~

~~state policies and plans are conflicting.~~ Rhode Island needs an affirmative, clearly articulated

program to plan for, manage and protect its rivers and watershed resources on an integrated, inter-

agency basis, that supports systems level planning.

(b) Many of the rivers of Rhode Island or sections thereof and related adjacent land

possess outstanding aesthetic and recreational value of present and potential benefit to the citizens

of this state. The preservation and protection of these rivers and their immediate environment

together with their significant recreational, natural and cultural value is hereby declared to be a

public policy. It shall be the policy of the state of Rhode Island to protect these values and to

practice sound conservation policies and practices relative thereto. It is also recognized that it is

in the public interest to:

(1) Preserve open space, natural resources and features, and scenic landscapes;

(2) Preserve cultural and historic landscapes and features;

(3) Preserve opportunities for recreational use of rivers;

(4) Encourage the establishment of greenways, which link open spaces together;

(5) Establish a rivers policy consistent with the Rhode Island Comprehensive Planning

and Land Use Regulation Act, chapter 22.2 of title 45 as set forth in section 45-22.2-3(c); ~~and~~

(6) Continue the regional and comprehensive planning activities for rivers, water quality,

and land use conducted by the Rhode Island department of environmental management and the

Rhode Island department of administration.; and

(7) Utilize the rivers policy and classification plan and other relevant elements of the state

guide plan, plans and programs of state and federal agencies, and watershed action plans to

coordinate the activities of the public and private sectors so as to achieve the objectives of this

section.

purposes may be fulfilled. The general assembly affirms that it must assure the people of this

generation and their descendents the opportunity to appreciate aesthetic and utilize the

recreational qualities and resources of the state's streams and rivers. To implement these policies

is the purpose of this chapter and in furtherance thereof to establish the Rhode Island ~~rivers~~

~~council~~ Rivers Council which will coordinate and oversee the clean up and preservation of the

quality of rivers in Rhode Island.

46-28-4. Establishment of council -- Purpose. -- There is hereby authorized, created,

and established ~~within the state of Rhode Island department of administration, division of~~

~~planning~~ as an associated function of the water resources board, established pursuant to chapters

46-15 and 46-15.1, a Rhode Island ~~rivers council~~ Rivers Council known as "the Rhode Island

~~rivers council~~ Rivers Council," with such powers as are set forth in this chapter, for the purposes

of coordinating, overseeing, and reviewing efforts to improve and preserve the quality of rivers

and to develop plans to increase the utilization of river areas throughout the state., and to support

and strengthen grassroots watershed organizations as local implementers of the plans. The rivers

policy and classification plan prepared and recommended as provided for in subsection 46-28-

7(3) and as adopted by the state planning council shall be the principal means of management and

protection by the Rivers Council. The Rivers Council shall work in conjunction with watershed

councils and all affected federal, regional and state agencies, including, but not limited to, the

water resources board, the coastal resources management council, the department of

environmental management, the department of health, the statewide planning program of the

department of administration, and the economic development corporation, municipal

governments, private organizations and persons in achieving the purposes set forth in this section,

and implementing systems level planning for the state.

46-28-5. Council created -- Appointment of members. -- ~~Such~~ Effective until

ratification of a constitutional amendment entitled "JOINT RESOLUTION TO APPROVE AND

PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO

THE CONSTITUTION OF THE STATE (SEPARATION OF POWERS)," such council shall

consist of fifteen (15) members to be appointed in the following manner:

(1) Three (3) members shall represent the public and shall be appointed by the governor;

three (3) members shall be appointed by the lieutenant governor; three (3) members shall be

appointed by the speaker of the house of representatives as herein provided, at least one of whom

shall be a member of the house, provided however that if more than one member of the house is

appointed at least one member shall be from the minority party; two (2) members shall be

appointed by the president of the senate as herein provided, at least one of whom shall be a

member of the senate, provided, however not more than one senator shall be from the same

political party; one member shall be the director of the department of environmental management

or his or her designee; one member shall be the executive director of coastal resources

management council or his or her designee; one member shall be the director of administration or

his or her designee; one member shall be the president of the Rhode Island league of cities and

towns or his or her designee.

(2)(a) Each member so appointed shall serve for three (3) years beginning in the first day

of July, except that in the case of the first two (2) members appointed by the lieutenant governor

and the first two (2) members appointed by the governor, one shall serve until July 1, 1991, and

one until July 1, 1992. Members shall be appointed during the month of June of each year by the

appointing authority and in the event of a vacancy occurring in the council, said vacancy shall be

filled in a like manner as the original appointment for the remainder of the unexpired term.

(b) Effective upon ratification of a constitutional amendment entitled "JOINT

RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A

PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE

(SEPARATION OF POWERS)," such council shall consist of fifteen (15) members to be

appointed in the following manner:

(i) Five (5) public members shall be appointed by the governor with the advice and

consent of the senate; four (4) public members shall be appointed by the lieutenant governor with

the advice and consent of the senate; one member shall be the general manager of the water

resources board or his or her designee; one member shall be the director of the department of

environmental management or his or her designee; one member shall be the executive director of

coastal resources management council or his or her designee; one member shall be the director of

administration or his or her designee; one member shall be the executive director of the economic

development corporation or his or her designee; and one member shall be the president of the

Rhode Island league of cities and towns or his or her designee.

(ii) All duly appointed members as of January 1, 2005, whose appointments were not

vacated by a change in appointing authority, shall continue as members until the expiration of

their term or until their successors are duly appointed and qualified. Members shall be appointed

during the month of January of each year by the appointing authority and in the event of a

vacancy occurring in the council, said vacancy shall be filled in a like manner as the original

appointment for the remainder of the unexpired term. The term of appointed members shall be

three (3) years.

46-28-7. Powers and duties. -- The council shall have the following powers:

(1) To be entitled to ask for and receive from any commission, board, officer, or agency

of the state such information, cooperation, assistance, and advice as shall be reasonable and

proper in view of the nature of said functions;

(2) To assess, ~~and~~ evaluate and coordinate with federal, regional and state agencies the

current programs and policies as they relate to efforts to clean up and preserve rivers and

watersheds throughout the state; and to participate in coordination mechanisms to achieve

systems level planning for the state;

(3) To prepare and recommend a rivers policy for the state of Rhode Island for adoption

by the state planning council as a part of the state guide plan as described in section 42-11-

10(c)(7), as amended, following the procedures for notification and public hearing set forth in

section 42-35-3, as amended. Said policy shall be consistent with federal water quality

requirements and shall give consideration to development, public or private, which has

commenced at the time of the adoption of a rivers policy. Such rivers policy shall treat rivers as

ecological systems;

(4) (i) To prepare and recommend a plan for the classification of all rivers in the state of

Rhode Island for adoption by the state planning council as a part of the state guide plan, following

the procedures for notification and public hearing set forth in section 42-35-3, as amended. The

classifications shall identify characteristics of water bodies beyond their quality to reflect their

current or potential uses for drinking water sources, agricultural irrigation, industrial processes,

including cooling water sources, water-based recreation, aquatic habitat, aesthetic enhancement,

and others. The classification plan shall be consistent with current water quality classifications

adopted by the department of environmental management. Such classification plan shall contain a

minimum of three (3) classes of rivers, including:

(A) Pristine rivers - those rivers or sections of rivers that are free of impoundments and

generally inaccessible except by trail, with watersheds or shorelines essentially primitive and

water relatively unpolluted;

(B) Recreational rivers - those rivers or sections of rivers that are readily accessible, that

may have some development along their shorelines and may have undergone some impoundment

or diversion in the past. These shall include sections of rivers along mill villages, but shall not

include sections where development may be characterized as urban; and

have development along their shorelines, that have undergone impoundment or diversion, and

where development may be classified as urban.

(ii) In the classification of rivers, different sections of a single river may enjoy different

classifications as appropriate.

(5) To make findings and recommendations among state agencies and political

subdivisions by participating in administrative proceedings and by reporting to the governor

regarding disputes and conflicts on river and watershed issues;

(6) To make findings and recommendations to state agencies and political subdivisions

regarding measures necessary to protect river quality and to promote river uses consistent with

the state's river policy and river classification plan;

(7) To formally recognize and to provide grants to local watershed councils;

(8) To foster public involvement in river planning and decision making processes by;

(i) Conducting public education programs about rivers and watersheds;

(ii) Promoting public access to and use of rivers, as appropriate; ~~and~~

(iii) Holding informal workshops prior to the adoption of (A) the state's rivers policy, (B)

the state's river classification plan or any portion thereof as provided for in subsection (d) of this

section and (C) the establishment of any local watershed council; and

(iv) Providing technical assistance to local watershed councils to participate in watershed

planning.

(9) To report activities, and findings, and recommend programs, policies and proposals to

the governor and the general assembly.;

(10) Establish subcommittees as may be needed to carry out the purpose of this chapter;

and

(11) To promulgate regulations and procedures as may be needed to issue grants and

approve watershed action plans, including rules requiring notice by state or city and town

agencies to local watershed councils regarding proposed actions pertaining to projects,

developments and activities located wholly or partially within the watershed represented by the

local watershed council.

46-28-7.1. Power and duties of the state planning council. -- In order to carry out the

purposes of this chapter, the state planning council shall adopt a rivers policy and a classification

plan for the state of Rhode Island as elements of the state guide plan in accordance with the

provisions of section 42-11-10. The procedure for adoption shall be as follows: Upon notification

from the rivers council that it has completed preparation of the rivers policy or classification plan

as set forth in section 46-28-7(c) and (d), respectively, the state planning council and rivers

council shall jointly conduct a public hearing in the manner specified in chapter 35 of title 42.

Following the public hearing, the rivers council shall, in consultation with the ~~division of state~~

~~planning~~ statewide planning program, make its recommendation to the state planning council.

The state planning council may make any revisions or amendments to the rivers policy or

classification plan as recommended by the rivers council that are necessary to carry out the

purposes of this chapter, to achieve consistency with applicable provisions of law, or to consider

comments made at the public hearing.

46-28-8. Local watershed councils. -- The rivers council shall establish and recognize

local watershed councils to implement the rivers policy as adopted in accordance with the

provisions of this chapter and set forth in the state guide plan. Unless a watershed is solely within

one municipality's boundaries, each local watershed council shall be comprised of members from

each municipality within the watershed area as designated by the department of environmental

management. Such local watershed councils may be existing organizations where appropriate.

Local watershed councils shall have standing to present testimony in all state and local

administrative proceedings which impact on rivers and water quality and shall receive notice,

pursuant to rules adopted by the council, from state or city and town agencies regarding proposed

actions pertaining to projects, developments and activities located wholly or partially within the

watershed represented by the local watershed council. Each local watershed council shall be a

body corporate and politic, having a distinct legal existence from the state and any municipality

within the watershed area in which such local watershed council is located. Each local watershed

council shall have power:

(1) To advise and make recommendations for the watershed in the municipality where

such watershed is located for the preparation or revision by the municipality of its comprehensive

land use plan pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation

Act with regard to achieving and maintaining classifications assigned by the rivers council;

(2) To advise the municipalities with regard to public access to rivers for the preparation

or revision by the municipality of a comprehensive land use plan pursuant to the Rhode Island

Comprehensive Planning and Land Use Regulation Act;

(3) To establish and support river watch programs for the protection of the watershed in

which it is located;

(4) To negotiate payments between two (2) or more of the municipalities within the

watershed for the conduct of services or the erection of projects necessary for the purposes of the

local watershed council, subject to majority vote of each of the city and town councils

participating in each program or project;

(5) To acquire, hold, use, lease, sell, transfer, and dispose of any property, real, personal,

or mixed, or interest or interests thereon;

(6) To own, operate, maintain, repair, improve, enlarge, and extend, in accordance with

the provisions of this chapter, any property acquired hereunder, all of which, together with the

acquisition of such property, are hereby declared to be public purposes; and

(7) To sell, lease, convey, or otherwise dispose of to any of the municipalities within the

watershed any property or improvements thereto, which the local watershed council may

hereafter acquire or construct; provided, however, that any sale, lease, conveyance, or other

disposition of the property shall not prejudice or adversely affect any service which the local

watershed council is providing to any other participating city or town;

(8) To sue and be sued in connection with any contracts made by, real estate or personal

property owned by or leases or conveyances made by the local watershed council;

(9) To adopt and order a corporate seal;

(10) To make by-laws for the management and regulation of its affairs;

(11) To borrow money for any of its corporate purposes including the creation and

maintenance of working capital;

(12) To fix rates and collect charges for the use of the facilities of or services rendered

by or any commodities furnished by the local watershed council; and to pay as the same shall

become due the expenses of operating and maintaining the properties of the river watershed

council;

(13) To contract in its own name for any lawful purpose which would effectuate the

purposes of this chapter; to execute all the instruments necessary to carry out the purposes of this

chapter; to do all things necessary or convenient to carry out the powers expressly granted by this

chapter. It is the intention of the legislature that any property acquired by the local watershed

councils pursuant to the provisions of this chapter shall be financed as a self-liquidating

enterprise, and that any indebtedness incurred by the local watershed councils shall be payable

solely from the earnings or revenues derived from all or part of the property acquired by such

river watershed council. Any indebtedness incurred by the local watershed councils shall not be

deemed to constitute a debt or a pledge of the faith and credit of the state or of any municipality;

(14) To enter into cooperative agreements with other cities and towns, for any lawful

corporate purposes necessary and desirable to effect the purposes of this chapter;

(15) In the performance of its functions the local watershed council may recommend to

municipalities land and water conservation programs consistent with the state rivers policy

provided for in section 46-28-7;

(16) To apply for, contract for, and expend any federal or state advances or grants or

assistance which may be made available for purposes of this chapter.

46-28-9. ~~Annual council report.~~ Annual council report and special reports. – (a)

Annual report. The council shall make an annual report to the governor and the general assembly

on or before February 1 of each year. The report shall include a summary of the activities of the

council and of each designated local watershed council and a consolidated financial statement of

all funds received by and expended by the Rivers Council during the reporting period.

(b) Special reports. The council shall prepare such special reports as may be requested by

the general assembly, or either branch thereof, the governor, or as may be determined by the

council.

(1) Report on taxation of buffers. The council shall, in cooperation with the department of

environmental management, the coastal resources management council, and the department of

administration, report to the speaker of the house, the president of the senate, and the governor

not later than January 15, 2005, its findings and recommendations with regard to the

establishment of riparian and shoreline buffers and the taxation of property included in buffers

and shall address the question of whether the valuation of areas included in buffers should be

reduced for purposes of taxation.

46-28-10. ~~Staffing.~~ Administrative support and staffing. -- The ~~division of planning~~

water resources board shall be responsible for providing ~~staff to assist~~ administrative support in

carrying out the responsibilities charged to the Rhode Island ~~rivers council.~~ Rivers Council; the

water resources board, the department of environmental management, and the statewide planning

program shall, as appropriate, provide the Rhode Island Rivers Council staff support as necessary

to accomplish the purposes of this chapter.

SECTION 5. This act shall take effect upon passage.

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LC03626

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