Chapter 556
2004 -- H 8198
AS AMENDED
Enacted 07/09/04
A N A C T
RELATING
TO TOWNS AND CITIES
Introduced
By: Representatives Flaherty, Naughton, Ginaitt, and McNamara
Date
Introduced: February 26, 2004
It
is enacted by the General Assembly as follows:
SECTION
1. The title of Chapter 45-51 of the General Laws entitled "Environmental
Advocates
Act" is hereby amended to read as follows:
CHAPTER
45-51
Environmental
Advocates Act
CHAPTER
45-51
ENVIRONMENTAL
ADVOCACY ACT
SECTION
2. Sections 45-51-1, 45-51-2, 45-51-3 and 45-51-4 of the General Laws in
Chapter
45-51 entitled "Environmental Advocates Act" are hereby amended to
read as follows:
45-51-1.
Title. -- This chapter may be known as the "Environmental Advocates
Advocacy Act".
45-51-2.
Advocates -- Appointment. – Conservation commission – Appointment. -- -
The
mayor or town administrator of any city or town may appoint designate
the municipal
conservation
commission as defined in section 45-31-1 to serve as an
environmental advocate,
subject
to confirmation approval by the city or town council, which advocate
shall have the
qualifications
and
perform the duties as established in this chapter.
45-51-3.
Powers and duties. -- The advocate municipal conservation
commission shall:
(1) Receive complaints from residents or businesses within the municipality
regarding
safety
of drinking water, water quality, or clean air, or other pollutants affecting
the environment.
(2) Investigate any complaints requested by a state regulatory agency.
(3) Prepare a report with an appraisal of the validity of the clean air or
water problem,
the
responsible parties, the remedial action required, and identification of the
state agency with
jurisdiction
over the problem, and submit the report to the city council and office of mayor
or
town
administrator.
(4) Serve as liaison for the city or town with all agencies charged under state
law with
enforcement
of all laws and regulations pertaining to air and water quality as stated in
subdivision
(3).
(5) Serve as advocate for the municipality and its residents before the agency
under
whose
jurisdiction the problem falls; with the objective of securing remedial action.
(6) Assist the office of solicitor in taking legal action to secure court
orders requiring the
responsible
state agency to take remedial action when the action has been unduly delayed or
neglected
by the agency.
(7) Conduct public information activities to inform the community of the
availability of
the
services of the advocate commission.
45-51-4.
Training and education. -- The advocate municipal
conservation members
shall
have formal training and/or education, to the extent feasible, and/or engage
in continuing
education in the areas
of air pollution, water quality control, or the maintenance of the purity of
drinking
water supplies, and/or have familiarity with laws, rules, and regulations
relating to them
or
qualifications approved by the council, or the advocate may be an attorney
or solicitor of the
municipality
who is not required to have training or expertise.
SECTION
3. This act shall take effect upon passage.
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LC01954
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