Chapter 266

2005 -- S 1162 AS AMENDED

Enacted 07/14/05

A N A C T

RELATING TO MERCURY REDUCTION AND EDUCATION

Introduced By: Senators Sosnowski, Ruggerio, J Montalbano, Walaska, and Tassoni

Date Introduced: June 09, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-24.9-7, 23-24.9-8, 23-24.9-9 and 23-24.9-10 of the General

Laws in Chapter 23-24.9 entitled "Mercury Reduction and Education Act" are hereby amended to

read as follows:

23-24.9-7. Phase-out and exemptions. -- (a) No mercury-added product shall be offered

for final sale or use or distributed for promotional purposes in Rhode Island if the mercury

content of the product exceeds:

(1) One gram (1000 milligrams) for mercury-added fabricated products or two hundred

fifty (250) parts per million (ppm) for mercury-added formulated products, effective ~~July~~ January

1, ~~2005~~ 2006;

(2) One hundred (100) milligrams for mercury-added fabricated products or fifty (50)

parts per million (ppm) for mercury-added formulated products, effective July 1, 2007; and

(3) Ten (10) milligrams for mercury-added fabricated products or ten (10) parts per

million (ppm) for mercury-added formulated products, effective July 1, 2009.

(b) For a product that contains one or more mercury-added products as a component, this

section is applicable to each component part or parts and not to the entire product. For example, if

an iron has a mercury switch, the phase-out applies to the switch and not the entire iron.

the phase-out limits specified in subsection (a) of this section apply to each component and not

the sum of the mercury in all of the components. For example, for a car that contains mercury-

added switches and lighting, the phase-out limits would apply to each component separately, and

not the combined total of mercury in all of the components.

(d) (1) Fluorescent lamps and high intensity discharge (HID) lamps, including metal

halide, high pressure sodium, and mercury vapor types, shall be exempt from the requirements of

subsection (a) of this section. As of January 1, 2010, the mercury content of fluorescent bulbs

shall either not exceed ten (10) milligrams or the manufacturer shall comply with the exemption

requirements pursuant to subsection (f) of this section.

(2) Specialized lighting used in the entertainment industry, such as metal halide lights,

shall be exempted from the requirements of section 23-24.9-7(a).

(e) A mercury-added product shall be exempt from the limits on total mercury content

set forth in subsection (f) of this section if the level of mercury or mercury compounds contained

in the product are required in order to comply with federal or state health or safety requirements.

In order to claim exemption under this section, the manufacturer must notify the department, in

writing, and provide the legal justification for the claim of exemption. In addition, laboratory

chemical standards shall be exempted from the requirements of subsection (a) of this section.

(f) Manufacturers of a mercury-added product may apply to the director for an

exemption for no more than ~~two (2)~~ five (5) years from the limits on total mercury content set

forth in subsection (a) of this section for a product or category of products. Applications for

exemptions must: (1) document the basis for the requested exemption or renewal of exemption;

(2) describe how the manufacturer will ensure that a system exists for the proper collection,

transportation and processing of the product(s) at the end of their useful life; and (3) document

the readiness of all necessary parties to perform as intended in the planned system.

(g) The director may grant, with modifications or conditions, an exemption for a product

or category of products if he or she finds: (i) a system exists for the proper collection,

transportation and processing of the mercury-added product, including direct return of a waste

product to the manufacturer, an industry or trade group supported collection and recycling

system, or other similar private or public sector efforts; and (ii) he or she finds ~~each of~~ the

following criteria are met:

(1) Use of the product is beneficial to the environment or protective of public health or

protective of public safety; and/or

(2) There is no technically feasible alternative to the use of mercury in the product; and

(3) There is no comparable non-mercury-added product available at reasonable cost.

Prior to issuing an exemption, the director shall consult with neighboring states and

provinces and regional organizations to promote consistency. The state shall avoid, to the extent

feasible, inconsistencies in the implementation of this section. Upon reapplication by the

manufacturer and findings by the director of continued eligibility under the criteria of this

subsection and of compliance by the manufacturer with the conditions of the director's original

approval, an exemption may be renewed one or more times and each renewal may be for a period

of no longer than ~~two (2)~~ five (5) years.

23-24.9-8. Labeling required for certain products. -- (a) Mercury-added products. - (1)

Effective ~~July~~ January 1, ~~2005~~ 2006, a manufacturer may not sell at retail in this state or to a

retailer in this state, and a retailer may not knowingly sell, a mercury-added product unless the

item is labeled pursuant to this subsection. The label must clearly inform the purchaser or

consumer that mercury is present in the item and that the item may not be disposed of or placed in

waste stream destined for disposal until the mercury is removed or reused, recycled or otherwise

managed to ensure that it does not become part of solid waste or wastewater. Manufacturers shall

affix to mercury-added products labels that conform to the requirements of this subsection.

(2) The department shall adopt rules to establish standards for affixing labels to the

product and product package. The rules ~~must strive for consistency~~ shall be consistent with

labeling programs in other states and provide for approval of alternative compliance plans by the

department. The manufacturer of a mercury-added product is in compliance with the

requirements of this subsection if the manufacturer is in compliance with the labeling

requirements of another state. This subsection does not apply to ~~mercury-added lamps,~~ mercury-

added button cell batteries and products whose only mercury component is a mercury button cell

battery or a mercury added lamp.

(b) Mercury-added lamps: large use applications. - (1) A person who sells mercury-

added lamps to the owner or manager of an industrial, commercial or office building or to any

person who replaces or removes from service outdoor lamps that contain mercury shall clearly

inform the purchaser in writing on the invoice for the lamps or in a separate document that the

lamps contain mercury, a hazardous substance that is regulated by federal and state law, and that

they may not be placed in solid waste destined for disposal. Retail establishments that

incidentally sell mercury-added lamps to the specified purchasers are exempt from the

requirements of this subsection.

(2) A person who contracts with the owner or manager of an industrial, commercial or

office building or with a person responsible for outdoor lighting to remove from service mercury-

added lamps shall clearly inform in writing the person for whom the work is being done that the

lamps being removed from service contain mercury and what the contractor's arrangements are

for the management of the mercury in the removed lamps.

23-24.9-9. Disposal ban. -- (a) ~~After~~ Except as otherwise provided for in this chapter

after, July 1, ~~2005~~ 2006, no person shall dispose of mercury-added products in a manner other

than by recycling or disposal as hazardous waste. Mercury from mercury-added products may not

be discharged to water, wastewater treatment, and wastewater disposal systems except when it is

done in compliance with local, state, and federal applicable requirements.

(b) If a formulated mercury-added product is a cosmetic or pharmaceutical product

subject to the regulatory requirements relating to mercury of the federal food and drug

administration, then the product is exempt from the requirements of this section.

cell battery; (2) mercury-added components as contained in motor vehicles; and (3) households

disposing of lamps and products containing lamps.

(d) The restrictions on the disposal of mercury-added components in motor vehicles shall

be as set forth in subsection (a) of this section effective January 1, 2006, and shall be

implemented as provided for in subdivision (c)(2) of this section and subdivision 23-24.9-10(b)(2).

23-24.9-10. Collection of mercury-added products. -- (a) ~~After~~ After ~~July~~ January 1,

~~2005~~ 2006, no mercury-added product shall be offered for final sale or use or distribution for

promotional purposes in Rhode Island unless the manufacturer, either on its own or in concert

with other persons, has ~~submitted~~ implemented a ~~plan~~ system, after review and approval of the

director, for a the convenient and accessible collection ~~system for~~ of such products when the

consumer is finished with them ~~and the plan has received approval of the director~~. Where a

mercury-added product is a component of another product, the collection system must provide for

removal and collection of the mercury-added component or collection of both the mercury-added

component and the product containing it. Mercury-added components in motor vehicles shall be

collected and recycled as provided for in subsection (b)(2) of this section.

~~(b)~~(b) (1) This section shall not apply to the collection of mercury-added button cell

batteries or mercury-added lamps or products where the only mercury contained in the product

comes from a mercury-added button cell battery or a mercury-added lamp; and

(2) This section shall not apply to motor vehicles.

SECTION 2. Chapter 23-24.9 of the General Laws entitled "Mercury Reduction and

Education Act" is hereby amended by adding thereto the following section:

23-24.9-10.1. Resource recovery corporation option. -- The department and the Rhode

Island Resource Recovery Corporation shall establish a statewide network for the collection of

mercury-added products when the household consumer is finished with them. Manufacturers of

mercury-added products, except motor vehicle manufacturers subject to the provisions of

subsection 23-24.9(10)(b)(2), may satisfy their obligations, as set forth in subsection 23-24.9-

10(a), by entering into a written agreement with those agencies to support the statewide program

including, but not limited to, advertisement, education and/or funding through a system

established in regulation.

23-24.9-20.1. Effective dates for implementation. -- Notwithstanding the effective date

of this act of January 1, 2006, set forth in subsections 23-24.9-7(a)(1), 23-24.9-8(a), and 23-24.9-

10(a), the initial deadline for complying with the requirements of these subsections shall be

January 1, 2006, or ninety (90) days after the effective date of regulations adopted by the

department in order to effectuate the purposes of the subsections, whichever date is the later.

SECTION 3. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled

"Department of Environmental Management" is hereby amended to read as follows:

42-17.1-2. Powers and duties. -- The director of environmental management shall have

the following powers and duties:

(a) To supervise and control the protection, development, planning, and utilization of the

natural resources of the state, such resources, including but not limited to, water, plants, trees,

soil, clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish,

shellfish, and other forms of aquatic, insect, and animal life;

(b) To exercise all functions, powers, and duties heretofore vested in the department of

agriculture and conservation, and in each of the divisions of the department, such as the

promotion of agriculture and animal husbandry in their several branches, including the inspection

and suppression of contagious diseases among animals, the regulation of the marketing of farm

products, the inspection of orchards and nurseries, the protection of trees and shrubs from

injurious insects and diseases, protection from forest fires, the inspection of apiaries and the

suppression of contagious diseases among bees, prevention of the sale of adulterated or

misbranded agricultural seeds, promotion and encouragement of the work of farm bureaus in

cooperation with the University of Rhode Island, farmers' institutes and the various organizations

established for the purpose of developing an interest in agriculture, together with such other

agencies and activities as the governor and the general assembly may from time to time place

under the control of the department, and as heretofore vested by such of the following chapters

and sections of the general laws as are presently applicable to the department of environmental

management and which were previously applicable to the department of natural resources and the

department of agriculture and conservation or to any of its divisions: chapters 1 through 22,

inclusive, as amended, in title 2 entitled "Agriculture and Forestry;" chapters 1 through 17,

inclusive, as amended, in title 4 entitled "Animals and Animal Husbandry;" chapters 1 through

19, inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1 through 32,

inclusive, as amended, in title 21 entitled "Food and Drugs;" chapter 7 of title 23 as amended,

entitled "Mosquito Abatement;" and by any other general or public law relating to the department

of agriculture and conservation or to any of its divisions or bureaus;

parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled

"Parks and Recreational Areas;" by chapter 22.5 of title 23, as amended, entitled "Drowning

Prevention and Lifesaving;" and by any other general or public law relating to the division of

parks and recreation;

(d) To exercise all the functions, powers, and duties heretofore vested in the division of

harbors and rivers of the department of public works, or in the department itself by such as were

previously applicable to the division or the department, of chapters 1 through 22 and sections

thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or

public law relating to the division of harbors and rivers;

(e) To exercise all the functions, powers and duties heretofore vested in the department

of health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety;" and

by chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4,

5, 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry;"

and those functions, powers, and duties specifically vested in the director of environmental

management by the provisions of section 21-2-22, as amended, entitled "Inspection of Animals

and Milk;" together with other powers and duties of the director of the department of health as are

incidental to or necessary for the performance of the functions transferred by this section;

(f) To cooperate with the Rhode Island Economic Development Corporation in its

planning and promotional functions, particularly in regard to those resources relating to

agriculture, fisheries, and recreation;

(g) To cooperate with, advise, and guide conservation commissions of cities and towns

created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter

203 of the Public Laws, 1960;

(h) To assign or reassign, with the approval of the governor, any functions, duties, or

powers established by this chapter to any agency within the department, except as hereinafter

limited;

(i) To cooperate with the water resources board and to provide to the board facilities,

administrative support, staff services, and such other services as the board shall reasonably

require for its operation and, in cooperation with the board and the statewide planning program to

formulate and maintain a long range guide plan and implementing program for development of

major water sources transmissions systems needed to furnish water to regional and local

distribution systems;

(j) To cooperate with the solid waste management corporation and to provide to the

corporation such facilities, administrative support, staff services and such other services within

the department as the corporation shall reasonably require for its operation;

(k) To provide for the maintenance of waterways and boating facilities, consistent with

chapter 6.1 of title 46, by: (1) establishing minimum standards for upland beneficial use and

disposal of dredged material; (2) promulgating and enforcing rules for water quality, ground

water protection, and fish and wildlife protection pursuant to section 42-17.1-24; (3) planning for

the upland beneficial use and/or disposal of dredged material in areas not under the jurisdiction of

the council pursuant to section 46-23-6(2); and (4) cooperating with the coastal resources

management council in the development and implementation of comprehensive programs for

dredging as provided for in sections 46-23-6(1)(ii)(H) and 46-23-18.3; and (5) monitoring dredge

material management and disposal sites in accordance with the protocols established pursuant to

section 46-6.1-5(3) and the comprehensive program provided for in section 46-23-6(1)(ii)(H); no

powers or duties granted herein shall be construed to abrogate the powers or duties granted to the

coastal resources management council under chapter 23 of title 46, as amended;

(l) To establish minimum standards, subject to the approval of the environmental

standards board, relating to the location, design, construction and maintenance of all sewage

disposal systems;

(m) To enforce, by such means as provided by law, the standards for the quality of air,

and water, and the design, construction and operation of all sewage disposal systems; any order or

notice issued by the director relating to the location, design, construction or maintenance of a

sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director

shall forward the order or notice to the city or town wherein the subject property is located and

the order or notice shall be recorded in the general index by the appropriate municipal official in

the land evidence records in the city or town wherein the subject property is located. Any

subsequent transferee of that property shall be responsible for complying with the requirements of

the order or notice. Upon satisfactory completion of the requirements of the order or notice, the

director shall provide written notice of the same, which notice shall be similarly eligible for

recordation. The original written notice shall be forwarded to the city or town wherein the subject

property is located and the notice of satisfactory completion shall be recorded in the general index

by the appropriate municipal official in the land evidence records in the city or town wherein the

subject property is located. A copy of the written notice shall be forwarded to the owner of the

subject property within five (5) days of a request for it, and, in any event, shall be forwarded to

the owner of the subject property within thirty (30) days after correction;

(n) To establish minimum standards for the establishment and maintenance of salutary

environmental conditions;

(o) To establish and enforce minimum standards for permissible types of septage,

industrial waste disposal sites and waste oil disposal sites;

(p) To establish minimum standards subject to the approval of the environmental

standards board for permissible types of refuse disposal facilities, the design, construction,

operation, and maintenance of disposal facilities; and the location of various types of facilities;

(q) To exercise all functions, powers, and duties necessary for the administration of

chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act.";

(r) To designate in writing any person in any department of the state government or any

official of a district, county, city, town, or other governmental unit, with that official's consent, to

enforce any rule, regulation, or order promulgated and adopted by the director under any

provision of law, provided, however, that enforcement of powers of the coastal resources

management council shall be assigned only to employees of the department of environmental

management, except by mutual agreement or as otherwise provided in chapter 23 of title 46.

(s) To issue and enforce such rules, regulations, and orders as may be necessary to carry

out the duties assigned to the director and the department by any provision of law; and to conduct

such investigations and hearings and to issue, suspend, and revoke such licenses as may be

necessary to enforce those rules, regulations, and orders;

(1) Notwithstanding the provisions of section 42-35-9 to the contrary, no informal

disposition of a contested licensing matter shall occur where resolution substantially deviates

from the original application unless all interested parties shall be notified of said proposed

resolution and provided with opportunity to comment upon said resolution pursuant to applicable

law and any rules and regulations established by the director.

(t) To enter, examine or survey at any reasonable time such places as the director deems

necessary to carry out his or her responsibilities under any provision of law subject to the

following provisions:

(1) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a

search warrant from an official of a court authorized to issue warrants, unless a search without a

warrant is otherwise allowed or provided by law;

(2) (A) All administrative inspections shall be conducted pursuant to administrative

guidelines promulgated by the department in accordance with chapter 35 of title 42.

(B) A warrant shall not be required for administrative inspections if conducted under the

following circumstances, in accordance with the applicable constitutional standards:

(i) For closely regulated industries;

(ii) In situations involving open fields or conditions that are in plain view;

(iii) In emergency situations;

(iv) In situations presenting an imminent threat to the environment or public health,

safety or welfare;

(v) If the owner, operator, or agent in charge of the facility, property, site or location

consents; or

(vi) In other situations in which a warrant is not constitutionally required.

director in his or her discretion deems it advisable, an administrative search warrant, or its

functional equivalent, may be obtained by the director from a neutral magistrate for the purpose

of conducting an administrative inspection. The warrant shall be issued in accordance with the

applicable constitutional standards for the issuance of administrative search warrants. The

administrative standard of probable cause, not the criminal standard of probable cause, shall

apply to applications for administrative search warrants.

(i) The need for, or reliance upon, an administrative warrant shall not be construed as

requiring the department to forfeit the element of surprise in its inspection efforts.

(ii) An administrative warrant issued pursuant to this subsection must be executed and

returned within ten (10) days of its issuance date unless, upon a showing of need for additional

time, the court orders otherwise.

(iii) An administrative warrant may authorize the review and copying of documents that

are relevant to the purpose of the inspection. If documents must be seized for the purpose of

copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare

an inventory of the documents taken. The time, place and manner regarding the making of the

inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of

the inventory shall be delivered to the person from whose possession or facility the documents

were taken. The seized documents shall be copied as soon as feasible under circumstances

preserving their authenticity, then returned to the person from whose possession or facility the

documents were taken.

(iv) An administrative warrant may authorize the taking of samples of air, water or soil

or of materials generated, stored or treated at the facility, property, site or location. Upon request,

the department shall make split samples available to the person whose facility, property, site or

location is being inspected.

(v) Service of an administrative warrant may be required only to the extent provided for

in the terms of the warrant itself, by the issuing court.

(D) Penalties. - Any willful and unjustified refusal of right of entry and inspection to

department personnel pursuant to an administrative warrant shall constitute a contempt of court

and shall subject the refusing party to sanctions, which in the courts discretion may result in up to

six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per

refusal.

(u) To give notice of an alleged violation of law to the person responsible therefor

whenever the director determines that there are reasonable grounds to believe that there is a

violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted

pursuant to authority granted to him or her, unless other notice and hearing procedure is

specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney

general to prosecute offenders as required by law.

(1) The notice shall provide for a time within which the alleged violation shall be

remedied, and shall inform the person to whom it is directed that a written request for a hearing

on the alleged violation may be filed with the director within ten (10) days after service of the

notice. The notice will be deemed properly served upon a person if a copy thereof is served him

or her personally, or sent by registered or certified mail to his or her last known address, or if he

or she is served with notice by any other method of service now or hereafter authorized in a civil

action under the laws of this state. If no written request for a hearing is made to the director

within ten (10) days of the service of notice, the notice shall automatically become a compliance

order.

(2) (A) Whenever the director determines that there exists a violation of any law, rule, or

regulation within his or her jurisdiction which requires immediate action to protect the

environment, he or she may, without prior notice of violation or hearing, issue an immediate

compliance order stating the existence of the violation and the action he or she deems necessary.

The compliance order shall become effective immediately upon service or within such time as is

specified by the director in such order. No request for a hearing on an immediate compliance

order may be made.

(B) Any immediate compliance order issued under this section without notice and prior

hearing shall be effective for no longer than forty-five (45) days, provided, however, that for good

cause shown the order may be extended one additional period not exceeding forty-five (45) days.

(3) If a person upon whom a notice of violation has been served under the provisions of

this section or if a person aggrieved by any such notice of violation requests a hearing before the

director within ten (10) days of the service of notice of violation, the director shall set a time and

place for the hearing, and shall give the person requesting that hearing at least five (5) days

written notice thereof. After the hearing, the director may make findings of fact and shall sustain,

modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that

decision shall be deemed a compliance order and shall be served upon the person responsible in

any manner provided for the service of the notice in this section.

(4) The compliance order shall state a time within which the violation shall be remedied,

and the original time specified in the notice of violation shall be extended to the time set in the

order.

(5) Whenever a compliance order has become effective, whether automatically where no

hearing has been requested, where an immediate compliance order has been issued, or upon

decision following a hearing, the director may institute injunction proceedings in the superior

court of the state for enforcement of the compliance order and for appropriate temporary relief,

and in that proceeding the correctness of a compliance order shall be presumed and the person

attacking the order shall bear the burden of proving error in the compliance order, except that the

director shall bear the burden of proving in the proceeding the correctness of an immediate

compliance order. The remedy provided for in this section shall be cumulative and not exclusive

and shall be in addition to remedies relating to the removal or abatement of nuisances or any

other remedies provided by law.

(6) Any party aggrieved by a final judgment of the superior court may, within thirty (30)

days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to

review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the

petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of

certiorari;

(v) To impose administrative penalties in accordance with the provisions of chapter 17.6

of this title and to direct that such penalties be paid into the account established by subsection (z)

of this section; and

(w) The following definitions shall apply in the interpretation of the provisions of this

chapter:

(1) Director: The term director shall mean the director of environmental management of

the state of Rhode Island or his or her duly authorized agent.

(2) Person: The term person shall include any individual, group of individuals, firm,

corporation, association, partnership or private or public entity, including a district, county, city,

town, or other governmental unit or agent thereof, and in the case of a corporation, any individual

having active and general supervision of the properties of such corporation.

(3) Service: (a) Service upon a corporation under this section shall be deemed to include

service upon both the corporation and upon the person having active and general supervision of

the properties of such corporation.

(b) For purposes of calculating the time within which a claim for a hearing is made

pursuant to section 42-17.1-2(u)(1) heretofore, service shall be deemed to be the date of receipt of

such notice or three (3) days from the date of mailing of said notice, whichever shall first occur.

(x) (1) To conduct surveys of the present private and public camping and other

recreational areas available and to determine the need for and location of such other camping and

recreational areas as may be deemed necessary and in the public interest of the state of Rhode

Island and to report back its findings on an annual basis to the general assembly on or before

March 1 of every year;

(2) Additionally, the director of the department of environmental management shall take

such additional steps, including but not limited to, matters related to funding as may be necessary

to establish such other additional recreational facilities and areas as are deemed to be in the public

interest.

(y) (1) To apply for and accept grants and bequests of funds with the approval of the

director of administration from other states, interstate agencies and independent authorities, and

private firms, individuals and foundations, for the purpose of carrying out his or her lawful

responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt

account created in the Natural Resources Program for funds made available for that program's

purposes or in a restricted receipt account created in the Environmental Protection Program for

funds made available for that program's purposes. All expenditures from the accounts shall be

subject to appropriation by the general assembly, and shall be expended in accordance with the

provisions of the grant or bequest. In the event that a donation or bequest is unspecified or in the

event that the trust account balance shows a surplus after the project as provided for in the grant

or bequest has been completed, the director may utilize said appropriated unspecified or

appropriated surplus funds for enhanced management of the department's forest and outdoor

public recreation areas, or other projects or programs that promote the accessibility of recreational

opportunities for Rhode Island residents and visitors.

(2) The director shall submit to the House Fiscal Advisor and the Senate Fiscal Advisor,

by October 1 of each year, a detailed report on the amount of funds received and the uses made of

such funds.

(z) To establish fee schedules by regulation with the approval of the governor for the

processing of applications and the performing of related activities in connection with the

department's responsibilities pursuant to subdivision (1) of this section, chapter 19.1 of title 23 as

it relates to inspections performed by the department to determine compliance with chapter 19.1

and rules and regulations promulgated in accordance therewith, chapter 18.9 of title 23 as it

relates to inspections performed by the department to determine compliance with chapter 18.9

and the rules and regulations promulgated in accordance therewith, chapters 19.5 and 23 of title

23; chapter 12 of title 46 insofar as it relates to water quality certifications and related reviews

performed pursuant to provisions of the federal Clean Water Act, the regulation and

administration of underground storage tanks and all other programs administered under chapter

12 of title 46 and section 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46

insofar as they relate to any reviews and related activities performed under the provisions of the

Groundwater Protection Act, chapter 23-24.9 as it relates to the regulation and administration of

mercury-added products, and chapter 17.7 of this title insofar as it relates to administrative

appeals of all enforcement, permitting and licensing matters to the administrative adjudication

division for environmental matters. Two fee ranges shall be required: for "Appeal of enforcement

actions", a range of fifty dollars ($50) to one hundred dollars ($100), and for "Appeal of

application decisions", a range of five hundred dollars ($500) to ten thousand dollars ($10,000).

The monies from the administrative adjudication fees will be deposited as general revenues and

the amounts appropriated shall be used for the costs associated with operating the administrative

adjudication division.

There is hereby established an account within the general fund to be called the water and

air protection program. The account shall consist of sums appropriated for water and air pollution

control and waste monitoring programs and the state controller is hereby authorized and directed

to draw his or her orders upon the general treasurer for the payment of such sums or such portions

thereof as may be required from time to time upon receipt by him or her of properly authenticated

vouchers. All amounts collected under the authority of this subdivision for the sewage disposal

system program and fresh waters wetlands program will be deposited as general revenues and the

amounts appropriated shall be used for the purposes of administering and operating the programs.

The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of

each year a detailed report on the amount of funds obtained from fines and fees and the uses made

of such funds.

(aa) To establish and maintain a list or inventory of areas within the state worthy of

special designation as "scenic" to include but not be limited to certain state roads or highways,

scenic vistas and scenic areas, and to make the list available to the public.

(bb) To establish and maintain an inventory of all interests in land held by public and

private land trust and to exercise all powers vested herein to insure the preservation of all

identified lands.

(1) The director may promulgate and enforce rules and regulations to provide for the

orderly and consistent protection, management, continuity of ownership and purpose, and

centralized records-keeping for lands, water, and open spaces owned in fee or controlled in full or

in part through other interests, rights, or devices such as conservation easements or restrictions,

by private and public land trusts in Rhode Island. The director may charge a reasonable fee for

filing of each document submitted by a land trust.

(2) The term "public land trust" means any public instrumentality created by a Rhode

Island municipality for the purposes stated herein and financed by means of public funds

collected and appropriated by the municipality. The term "private land trust" means any group of

five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode

Island as a nonbusiness corporation for the purposes stated herein, or a national organization such

as the nature conservancy. The main purpose of either a public or a private land trust shall be the

protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other

natural features, areas, or open space for the purpose of managing or maintaining, or causing to

be managed or maintained by others, the land, water, and other natural amenities in any

undeveloped and relatively natural state in perpetuity. A private land trust must be granted

exemption from federal income tax under Internal Revenue Code 501c(3) [26 U.S.C. section

501(c)(3)]within two (2) years of its incorporation in Rhode Island or it may not continue to

function as a land trust in Rhode Island. A private land trust may not be incorporated for the

exclusive purpose of acquiring or accepting property or rights in property from a single

individual, family, corporation, business, partnership, or other entity. Membership in any private

land trust must be open to any individual subscribing to the purposes of the land trust and

agreeing to abide by its rules and regulations including payment of reasonable dues.

(3) (A) Private land trusts will, in their articles of association or their by-laws, as

appropriate, provide for the transfer to an organization created for the same or similar purposes

the assets, lands and land rights and interests held by the land trust in the event of termination or

dissolution of the land trust.

(B) All land trusts, public and private, will record in the public records of the appropriate

towns and cities in Rhode Island all deeds, conservation easements or restrictions or other

interests and rights acquired in land and will also file copies of all such documents and current

copies of their articles of association, their by-laws, and annual reports with the secretary of state,

and with the director of the Rhode Island department of environmental management. The director

is hereby directed to establish and maintain permanently a system for keeping records of all

private and public land trust land holdings in Rhode Island.

(cc) The director will contact in writing, not less often than once every two (2) years,

each public or private land trust to ascertain: that all lands held by the land trust are recorded with

the director; the current status and condition of each land holding; that any funds or other assets

of the land trust held as endowment for specific lands have been properly audited at least once

within the two (2) year period; the name of the successor organization named in the public or

private land trust's by-laws or articles of association; and any other information the director

deems essential to the proper and continuous protection and management of land and interests or

rights in land held by the land trust.

In the event that the director determines that a public or private land trust holding land or

interest in land appears to have become inactive, he or she shall initiate proceedings to effect the

termination of the land trust and the transfer of its lands, assets, land rights, and land interests to

the successor organization named in the defaulting trust's by-laws or articles of association or to

another organization created for the same or similar purposes. Should such a transfer not be

possible, then the land trust, assets, and interest and rights in land will be held in trust by the state

of Rhode Island and managed by the director for the purposes stated at the time of original

acquisition by the trust. Any trust assets or interests other than land or rights in land accruing to

the state under such circumstances will be held and managed as a separate fund for the benefit of

the designated trust lands.

(dd) Consistent with federal standards, issue and enforce such rules, regulations and

orders as may be necessary to establish requirements for maintaining evidence of financial

responsibility for taking corrective action and compensating third parties for bodily injury and

property damage caused by sudden and non-sudden accidental releases arising from operating

underground storage tanks.

(ee) To enforce, by such means as provided by law, the standards for the quality of air,

and water, and the location, design, construction and operation of all underground storage

facilities used for storing petroleum products or hazardous materials; any order or notice issued

by the director relating to the location, design construction, operation or maintenance of an

underground storage facility used for storing petroleum products or hazardous materials shall be

eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice

to the city or town wherein the subject facility is located, and the order or notice shall be recorded

in the general index by the appropriate municipal officer in the land evidence records in the city

or town wherein the subject facility is located. Any subsequent transferee of that facility shall be

responsible for complying with the requirements of the order or notice. Upon satisfactory

completion of the requirements of the order or notice, the director shall provide written notice of

the same, which notice shall be eligible for recordation. The original written notice shall be

forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory

completion shall be recorded in the general index by the appropriate municipal official in the land

evidence records in the city or town wherein the subject facility is located. A copy of the written

notice shall be forwarded to the owner of the subject facility within five (5) days of a request for

it, and, in any event, shall be forwarded to the owner of the subject facility within thirty (30) days

after correction.

SECTION 4. This act shall take effect upon passage.

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LC03471

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