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.