Chapter
104
2006 -- S 2143 AS AMENDED
Enacted 06/16/06
A N A
C T
RELATING TO WATERS
AND NAVIGATION -- WATER RESOURCES BOARD
Introduced By: Senators
Roberts, Walaska, and C Levesque
Date Introduced: January
24, 2006
It is
enacted by the General Assembly as follows:
SECTION
1. Section 46-15-21 of the General Laws in Chapter 46-15 entitled "Water
Resources
Board" is hereby amended to read as follows:
46-15-21.
Annual report. Reporting requirements. -- In the month of January,
the
board
shall make an annual report to the governor and to the general assembly of its
activities for
the
preceding fiscal year. Each report shall set forth a complete statement
covering its operations
during
the year. (a) Within ninety
(90) days after the end of each fiscal year, the board shall
approve
and submit an annual report to the governor, the speaker of the house of
representatives,
and
the president of the senate and the secretary of state of its activities during
that fiscal year.
The
report shall provide: a summary of the board’s meetings including when the
board and its
committees
met, subjects addressed, decisions rendered and meeting minutes; a summary of
the
board’s
actions including a listing of the proposals and plans for public water supply
systems
received;
hearings held, findings, assessments, recommendations, and decisions rendered
concerning
proposed projects for public water supply systems; water supply studies
conducted;
consents
issued for transport of water to another state; decisions rendered requiring or
authorizing
a
water supplier to provide water to other water supply systems; rules and
regulations
promulgated;
violations and penalties assessed; actions taken to abate nuisances or restrain
or
prevent
violations, and any actions taken to investigate the activities of municipal
water
departments,
special water districts or private water companies; a synopsis of the hearings,
complaints,
suspensions, or other legal matters related to the authority of the board; a
summary of
any
training courses held pursuant to subdivision 46-15.1-5.2(2); a consolidated
financial
statement
of all funds received and expended by the board including the source of the
funds; a
listing
of the staff and/or consultants employed by the board; and a listing of
findings and
recommendation
derived from board activities. The report shall be posted electronically as
prescribed
in section 42-20-8.2. The director of the department of administration shall be
responsible
for the enforcement of the provisions of this subsection.
(b)
Within ninety (90) days of the end of the fiscal year 2006, and by March 31 of
each
year
thereafter, the board shall submit to the governor, the speaker of the house of
representatives,
and
the president of the senate an annual work plan for the upcoming fiscal year.
Said annual
work
plan shall list the tasks the board plans on working on over the course of the
upcoming
fiscal
year including a description of how the elements are consistent with and
supportive of the
systems
level plan developed and implemented by the Rhode Island Bays, Rivers, and
Watersheds
Coordination Team, as prescribed in section 46-31-5.
(c)
Within ninety (90) days of the end of the fiscal year 2006, and within ninety
(90) days
after
the end of each fiscal year thereafter, the board shall submit to the governor,
the speaker of
the
house of representatives, the president of the senate and the secretary of
state an annual
performance
report for that fiscal year. Said report shall describe and evaluate the
successes and
shortcomings
of the implementation of the annual work plan pertaining to that fiscal year,
and
shall
include a summary of progress made in the following areas: formulation
and maintenance of
a
long range guide plan and implementing program for the development of major
water resources
and
transmission systems, as prescribed in section 46-15-13; promulgation of an
emergency plan
for
water supplies in the event of a water emergency declaration by the governor,
as prescribed in
section
46-15-14; and actions undertaken for the cooperative development, conservation,
and use
of
state water resources, as prescribed in section 46-15-13. The report shall be
posted
electronically
as prescribed in section 42-20-8.2. The director of the department of
administration
shall
be responsible for the enforcement of the provisions of this subsection.
SECTION
2. Sections 46-15.1-1, 46-15.1-2, 46-15.1-2.3, 46-15.1-2.4 and 46-15.1-21 of
the
General Laws in Chapter 46-15.1 entitled "Water Supply Facilities"
are hereby amended to
read as
follows:
46-15.1-1.
Legislative declaration -- Water resources board (corporate) -- Applicable
sections.
-- The findings and declarations
made by section 46-15-1 are hereby made applicable to
this
chapter.
The water resources board (corporate) under this chapter constitutes a body
politic and
corporate
and a public instrumentality of the state having a distinct legal existence
from the state
and not
constituting a department of state government.
The following sections also apply to the water resources board, the state
agency: sections
46-15.1-1.1, 46-15.1-2(a), 46-15.1-2.2, 46-15.2-3, 46-15.1-2.4,
46-15.1-4.1, 46-15.1-5(15) -- (25),
46-15.1-20
and 46-15.1-21.
46-15.1-2.
Board created -- Appointment of members. -- (a) There is hereby
authorized, created and established a water resources
board consisting of thirteen (13) fifteen (15)
members
as follows: Five (5) Eleven (11) members shall represent the
public and shall be
appointed
by the governor with advice and consent of the senate as herein
provided, at least two
(2)
of whom shall be affiliated with public water systems in Rhode Island; one
member shall be
from
the house of representatives who shall be appointed by the speaker of the house
of
representatives
and one member shall be from the senate who shall be appointed by the president
of
the senate; one member to be
selected by the Rhode Island agricultural council established
pursuant
to the provisions of chapter 3 of title 2 and of whom shall be a person who is actively
engaged in
the agricultural business, preferably an owner and/or operator of an
agricultural
business;
,with respect to which appointment the governor shall give due consideration
to the
recommendation
of the Rhode Island Agricultural Council established pursuant to the provisions
of
chapter 3 of title 2; one of whom shall be a representative of a conservation
organization, with
respect
to which appointment the governor shall give due consideration to the
recommendation of
the
Environment Council of Rhode Island; one of whom shall be a professional with
expertise in
one
or more of the following fields: geology, hydrology, or engineering; one of
whom shall be a
representative
of a large public water system; one of whom shall be a representative of a
small
public
water system; one of whom shall be a representative of a large water user; and
one of
whom
shall be a representative of small water user; one of who shall be a
professional with
expertise
in financial planning and/or investment; and three (3) of whom shall be members
of the
general
public. The public members shall be chosen as far as is reasonably practicable
to
represent
the drought regions of the state as specified in the Rhode Island Drought
Management
Plan.
No person shall be eligible for appointment to the board unless he or she is a
resident of this
state. the The remaining five (5) four
(4) members are the director of environmental management,
the
director of the Rhode Island economic development corporation who shall
serve as a
nonvoting
ex officio member, the director of
the chief of the division of planning within the
department
of administration who shall serve as a nonvoting ex officio member, and
the director
of the
department of health,. and the chairperson of the joint
committee on water resources all of
whom
shall serve ex officio. When this chapter shall take effect, the governor shall
appoint one of
the
public members of the board to serve until the first day of March, 1992, two
(2) members to
serve
until the first day of March, 1993, two (2) members to serve until the first
day of March,
1994,
and all to Members shall serve
until their successors are appointed and qualified and shall
be
eligible to succeed themselves. In the
month of February, 1992, and in the month of February
in each
year thereafter, the governor, with the advice and consent of the
senate, shall appoint
successors
to the public members of the board whose terms shall expire in such year, to
hold
office
commencing on the first day of March in the year of appointment day
they are qualified
and
until the first day of March in the third year after their respective
appointments and until their
respective
successors are appointed and qualified. The member selected by the Rhode
Island
agricultural
council shall be selected by the executive committee of the Rhode Island
agricultural
council
in the month of February, to hold office commencing on the first day of March
in the year
of appointment,
and until the first day of March in the third year after his or her respective
appointment
and until his or her successor is qualified and appointed.
(b)
Those members of the board as of the effective date of this act who were
appointed to
the
board by members of the general assembly and the chairperson of the joint
committee on
water
resources shall cease to be members of the board on the effective date of this
act, and the
governor
shall thereupon appoint five (5) new public members pursuant to this section,
one of
whom
shall be a professional with expertise in financial planning and/or investment;
one of
whom
shall be a professional with expertise in one or more of the following fields:
geology,
hydrology
or engineering; and one of whom shall be a representative of a conservation
organization
appointed by the governor as prescribed in this section. The member of the
board
selected
by the Rhode Island Agricultural Council shall continue to serve the balance of
his or her
term.
Upon expiration of his or her term, the governor shall appoint one member who
is actively
engaged
in the agricultural business, preferably an owner and/or operator of an
agricultural
business
as prescribed in this section. Those members of the board as of the effective
date of this
act
who were appointed to the board by the governor shall continue to serve the
balance of their
current
terms. Thereafter, the appointment shall be made by the governor as prescribed
in this
section.
(c)
Any vacancy which may occur in the board for a public member shall be filled by
the
governor,
with the advice and consent of the senate, for the remainder of the unexpired
term in
the
same manner as the members predecessor as prescribed in this section. Each ex-officio
member
of the board may designate a subordinate within his or her department, and
the
chairperson
of the joint committee on water resources may designate a subordinate within
his or
her
department, and the chairperson of the joint committee on water resources may
designate a
member
of the committee or a member of its staff to represent him or her at all meetings of the
board.
(d)
Members of the board shall be removable by the governor pursuant to section
36-1-7
of
the general laws and for cause only, and removal solely for partisan or
personal reasons
unrelated
to capacity or fitness for the office shall be unlawful.
(b)(e) The water resources board is designated to carry out the
provisions of this chapter.
In exercising
its powers under this chapter the board constitutes a body politic and
corporate and
a public
instrumentality of the state having a distinct legal existence from the state
and not
constituting
a department of the state government. The board may take action under this
chapter
at any
meeting of the board. A member of the board who is affiliated with a public
water system
in Rhode
Island, as provided in section 46-15-2, shall not thereby be disqualified from
acting as a
member
of the board on a transaction under this chapter with a public water system.
Upon the
enactment
of this chapter, and annually in the month of March thereafter, the board shall
choose a
treasurer
to act as such under this chapter. The treasurer need not be a member of the
board or of
its
staff and shall serve until his or her successor is chosen and takes office,
unless sooner
removed
by the board with or without cause. In the event of a vacancy in the office of
treasurer,
the
board shall fill the vacancy for the unexpired term.
(c)(f) Nothing contained herein shall be construed as terminating
or discontinuing the
existence
of the water resources board as it exists prior to July 1, 1993 for purposes of
chapters
15.1,
15.2, and 15.3 of this title, and the water resources board created hereby
shall be and shall
be
deemed to be a continuation of the water resources board as it existed prior to
July 1, 1993 for
the
purposes enumerated in chapters 15.1, 15.2, and 15.3 of this title. Nothing
contained herein
shall affect
the bonding or financing authority of the water resources board as it exists
prior to
July 1,
1993 nor shall anything contained herein be construed as terminating, altering,
discontinuing,
or in any way impairing the bonding or financing power of the water resources
board as
it exists under chapters 15.1, 15.2, and 15.3 of this title prior to July 1,
1993.
46-15.1-2.3.
Officers of the board -- Quorum and vote required for action. --
Forthwith,
and upon the enactment of this chapter, and annually in the month of March,
thereafter,
the board shall elect one of its public members as chairperson, one of its
public
members
as vice chairperson, and shall also elect a secretary either from its
membership or its
technical
staff. The board may elect from among its members such other officers as it
deems
necessary. Seven (7) voting members of the board
constitutes a quorum. and the vote of seven (7)
members
is necessary for any action taken by the board. A majority vote of those present and
voting
shall be required for action. No
vacancy in the membership of the board shall impair the
right of
a quorum to exercise all the rights and perform all of the duties of the board.
46-15.1-2.4.
Compensation of members. -- (a) The members of the board, including
the
chairperson
may receive compensation in the amount of fifty dollars ($50.00) for each day
or
portion
thereof of actual service in attending meetings of the board in which business
is
transacted. The members of the board shall serve without
compensation.
(b) The members of the board may also be reimbursed for their actual expenses
necessarily
incurred in the performance of their duties.
46-15.1-21.
Annual report of water provider. -- Each water providing and water
supply
company
both public and private doing business in this state shall forward an annual
report to the
Joint
Committee on Water Resources governor,
speaker of the house of representatives, the
president
of the senate and secretary of state
setting forth the status of any water supply within the
company's
jurisdiction and control., and progress made towards achieving the
goals of the entity's
water
supply management plan as prescribed in sections 46-15.3-5.1 and 46-15.3-7.
SECTION
3. Chapter 46-15.1 of the General Laws entitled "Water Supply
Facilities" is
hereby
amended by adding thereto the following sections:
46-15.1-1.1.
Definitions. -- (a) “Large public water system” means a water
supplier that
pumps
more than fifty million (50,000,000) gallons of water per year pursuant to
section 46-15.3-
5.1.
(b)
“Small public water system” means a water supplier that pumps less than fifty
million
(50,000,000)
gallons per year.
(c)
“Large water user” means a water user that withdraws more than three million
(3,000,000)
gallons per year, which is equivalent to eight thousand two hundred (8,200)
gallons
per
day.
(d)
“Small water user” means a water user that withdraws less than three million
(3,000,000)
gallons per year, which is equivalent to eight thousand two hundred (8,200)
gallons
per
day.
46-15.1-5.2.
Duties of the board. -- The board shall have the following
additional duties:
(a)
Within ninety (90) days after the end of each fiscal year, the board
(corporate) shall
submit
an annual report to the governor, the speaker of the house of representatives,
the president
of
the senate, and the secretary of state of its activities during that fiscal
year. The report shall
provide:
a summary of the board's (corporate) meetings including when the board
(corporate)
met,
subjects addressed, and decisions rendered; a summary of the board's
(corporate) actions
including
a listing of entities for which water supply facilities were established, leased,
contracted
for
the use of, or which received water sold from such facilities; bonds and notes
issued; grants or
loans
applied or contracted for; funds invested or deposited; assets acquired; assets
sold, leased,
or
conveyed to municipal water agencies, departments, special water districts, or
private water
companies;
contracts entered into to supply raw or processed water; trust agreements
entered into
with
corporate trustees; actions taken in support of the work of the Rhode Island
Rivers Council;
a
synopsis of any law suits or other legal matters related to the authority of
the board (corporate);
a
consolidated financial statement of all funds received and expended by the
board (corporate)
including
the source of the funds; a listing of the staff and/or consultants employed by
the board
(corporate);
a summary of performance during the previous fiscal year including
accomplishments,
shortcomings and remedies; and a listing of findings and recommendation
derived
from board (corporate) activities. The report shall be posted electronically on
the general
assembly
and the secretary of state's website as prescribed in section 42-20-8.2. The
director of
the
department of administration shall be responsible for the enforcement of the
provisions of this
section.
(b)
The board shall conduct a training course for newly appointed and qualified
members
and
new designees of ex-officio members within six (6) months of their
qualification or
designation.
The course shall be developed by the general manager, approved by the board,
and
conducted
by the general manager. The board may approve the use of any board or staff
members
or
other individuals to assist with training. The training course shall include
instruction in the
following
areas: the provisions of chapters 46-13, 46-14, 46-15, 46-15.1, 46-15.2,
46-15.3, 46-
15.4,
46-15.5, 46-15.6, 46-15.7, 42-46, 38-2 and 36-14; and the board’s rules and
regulations. The
director
of the department of administration shall, within ninety (90) days of the
effective date of
this
act, prepare and disseminate training materials relating to the provisions of
chapters 42-46,
36-14
and 38-2.
SECTION
4. This act shall take effect upon passage.