Chapter 136
2013 -- H 5425 SUBSTITUTE A
Enacted 06/25/13
A N A C T
RELATING TO
TOWNS AND CITIES -- THE DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT--JURISDICTION
Introduced By: Representatives Serpa, Fellela, Nunes, Shekarchi, and Chippendale
Date Introduced: February 13, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Chapter 42-64.13 of the General Laws entitled
"Rhode Island Regulatory
Reform Act" is hereby
amended by adding thereto the following section:
42-64.13-10. Statewide standards for wetlands and septic disposal. --
(a) The general
assembly finds and declares:
(1) Under section
42-17.1-2, the director of the department of environmental
management is charged with regulating septic systems,
alterations of freshwater wetlands, and
other activities which may impact waters of the state;
under chapter 46-23, the coastal resources
management council is charged with regulating alteration of
freshwater wetlands in the vicinity of
the coast and other activities that impact coastal
resources.
(2) The statewide
standards established pursuant to these authorities may be inadequate to
protect the natural resources of our state and need to be
reevaluated based on current scientific
data.
(3) Many municipalities
have implemented stricter setback and septic disposal standards
to strengthen protection of critical local environmental
resources including groundwater, coastal
and fresh water wetlands, rivers and streams, and
drinking supplies.
(4) Dissimilar
municipal standards have resulted in a land use system wherein local
governments manage watersheds and groundwater aquifers using a
variety of methods resulting
in diverse outcomes.
(5) The lack of a
uniform process tends to burden businesses and property owners that
require a predictable regulatory environment in order to be
successful.
(6) Clear,
predictable and reliable standards and a regulated process are needed to foster
a business climate that will grow our economy while
ensuring the protection of our natural
resources.
(b) No later than
December 31, 2014, the
consultation with the task force established in subsection (c),
shall prepare and submit to the
governor, the senate president and the speaker of the house a
report that is based upon current
science, water resources and wetlands protection needs, and
addresses onsite waste water
treatment system (OWTS) regulation, and watershed planning. The
report shall make
recommendations that ensure the protection of this state’s natural
resources while balancing the
need for economic development and shall:
(1) Include an
assessment of the adequacy of protection afforded to wetlands and/or
waters of the state under sections 2-1-18 through 2-1-25,
subdivisions 42-17.1-2(2) and (12), and
section 46-23 of the general laws;
(2) Identify gaps in
protection for septic disposal and various wetlands; and
(3) Recommend
statutory and/or regulatory changes that are required to protect wetlands
statewide, including, that upon the establishment of such
standards by the legislature,
municipalities shall not adopt or enforce any local ordinances or
requirements for OWTS or
wetland buffers and setbacks that exceed or otherwise
conflict with such recommended statewide
standards.
(c) The
members thereto representing a balance of the interests to
ensure the protection of this state’s
natural resources while recognizing the need for economic
development, and at a minimum shall
include:
(1) The director of
the department of environmental management, or designee;
(2) The director of
the office of regulatory reform, or designee;
(3) The executive
director of the coastal resources management council, or designee;
(4) One
representative each from an environmental entity and a builders’ trade
association;
(5) At least two (2)
municipal representatives;
(6) At least two (2)
representatives from the business community; and
(7)
At least one civil engineer, or one environmental engineer with experience in
OWTS
and wetlands regulation, and one wetlands biologist.
(d) Implementation -
The director of the department of environmental management in
consultation with the director of the office of regulatory reform
shall submit to the governor, the
speaker of the house and the senate president, proposed
legislation establishing statewide
standards identified in the report issued pursuant to
subsection (b) no later than January 31, 2015.
(e) This section
shall not apply to OWTSs maintenance and cesspool
phase-outs.
SECTION 2. This act shall take effect upon passage.
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LC01220/SUB A
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