Chapter 555

2006 -- H 8244 SUBSTITUTE A

Enacted 07/10/06

A N A C T

RELATING TO WATERS AND NAVIGATION

Introduced By: Representatives Naughton, Malik, Ginaitt, McNamara, and Dennigan

Date Introduced: June 15, 2006

It is enacted by the General Assembly as follows:

SECTION 1. Sections 46-12.7-3.1, 46-12.7-5.1, 46-12.7-8.1 and 46-12.7-13 of the

General Laws in Chapter 46-12.7 entitled "Oil Spill Prevention, Administration and Response

Fund" are hereby amended to read as follows:

46-12.7-3.1. Financing of the fund. -- The fund shall consist of the following sources:

(1) Sums the legislature may appropriate;

(2) Moneys received from federal, state, or other sources for the purpose of response,

containment, abatement, ~~and~~ rehabilitation, and monitoring costs from an oil spill in marine or

estuarine waters;

(3) Moneys received from any private donor for the oil spill prevention, administration,

and response fund;

(4) Costs recovered or otherwise received from parties responsible for the containment

and cleanup of oil at a specific site, but excluding funds from performance bonds and other forms

of financial responsibility held in escrow pending satisfactory performance of a privately funded

response action;

(5) Fines, penalties, or damages recovered under any sections of this chapter, chapter

12.5 of this title, or other law as a result of the release or threatened release of oil;

(6) The fee required pursuant to section 12.7-4.1; and

(7) Any interest earned on the moneys in the fund.

46-12.7-5.1. Purposes of the fund. -- The director may use money from the fund to:

(1) Provide funds to cover promptly the costs of response, containment, and cleanup of

oil spills into marine or estuarine waters, including but not limited to damage assessment costs,

and wildlife rehabilitation as defined in this section.

(2) Provide funds to cover the costs of site evaluation activities. These activities shall

include, but not be limited to, site mapping, installation of wells, collection, monitoring, and

analysis of samples of air, soil, and/or water, and evaluation of the impacts of contamination on

maritime and terrestrial shore line environments, production of the reports, and installation and

the maintenance of necessary technology, and equipment for complete remedial action;

(3) Provide emergency loans and to cover response and cleanup costs and other damages

suffered by the state or other persons or entities from oil spills or threatened oil spills;

(4) To pay for claims for damages, which cannot otherwise be compensated by

responsible parties or the federal government, pursuant to section 46-12.7-8.1;

(5) Provide emergency loans to affected workers ineligible for unemployment insurance;

(6) Pay for structural improvements to vulnerable coastal features, including the

Providence River Shipping Canal in order to reduce the risk of oil tanker collisions, grounding,

and spills;

(7) Pay for the restoration of natural resources damaged by an oil spill, where necessary

and appropriate;

(8) Pay for response training and equipment;

(9) Pay for large-scale personnel drills and exercises;

(10) Pay for research, ~~and~~ development, and monitoring activities as outlined in section

46-12.7-13; and

(11) Pay for the expenditures related to the RI coastal and estuarine habitat restoration

trust fund pursuant to chapter 23.1 of this title, subject to appropriation.

46-12.7-8.1. Expenditure of fund money. -- (1) The director may only expend money

from the fund for post-spill activities when a discharge of oil has occurred, or the threat of a

discharge has led the state to take appropriate response, or for pre-spill activities and research,

~~and~~ development, and monitoring activities if the following determinations have been made:

(a) A responsible party does not exist or the responsible party is unable or unwilling to

provide adequate and timely cleanup or to pay for the damages resulting from the spill. The

director shall make a reasonable effort to have the responsible party remove the oil or agree to

pay for any actions resulting from the spill that may be required by law.

(b) Federal oil spill funds are not available or will not be available in an adequate period

of time. Notwithstanding this paragraph, the director may expend money from the fund for

authorized expenditures when a reimbursement procedure is in place to receive reimbursements

from federal oil spill funds.

(2) Disbursements may be made from the fund for the following purposes:

(a) Administrative expenses, personnel expenses and equipment costs of the department

related to the enforcement of this subchapter;

(b) All costs, including without limitation personnel undertaking oil spill response

activities and equipment expenses, involved in the removal of oil, the abatement of pollution and

the implementation of remedial measures including restoration of water supplies, related to the

release of oil, petroleum products, and their by-products;

(d) Payment of all damage claims awarded in accordance with this section;

(e) Payment of costs of arbitration and arbitrators in accordance with this section;

(f) Payment of costs of insurance by the state to extend or implement the benefits of the

fund; and

(g) Payment of costs for the collection of overdue reimbursements.

46-12.7-13. Preventative uses of the fund. -- (1) Recognizing the importance of the

development of readiness and response programs, the legislature may allocate not more than ~~one~~

~~hundred fifty thousand dollars ($150,000)~~ two hundred fifty thousand dollars ($250,000) per

annum of the amount then currently in the fund to be devoted to research and development in the

causes, effects and removal of pollution caused by oil, petroleum products and their by-products

on the marine environment and the monitoring of baseline environmental and economic

conditions.

(2) The ~~one hundred fifty thousand dollars ($150,000)~~ two hundred fifty thousand dollars

($250,000) per annum allocated for research, ~~and~~ development, and monitoring shall ~~include~~

~~moneys allocated to the Narragansett Bay/Rhode Island sound safety committee, as determined~~

~~by the director for expenses consistent with the purposes of that committee~~ be allocated to the

Coordination Team established pursuant to chapter 31 of this title and expended by the

Coordination Team consistent with the purposes of subsections 46-31-9(d) and 46-31-9(e).

(3) The remaining moneys in the fund which the legislature may allocate to research, ~~and~~

development, and monitoring shall be used for purposes approved by the director. Such purpose

may include but shall not be limited to:

(a) Sensitive area data management and mapping;

(b) Scientific research and monitoring which is directly relevant to state legislation; and

for the cleanup and containment of refined fuel oils.

SECTION 2. This act shall take effect upon passage.

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LC03498/SUB A

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