Title 46
Waters and Navigation

Chapter 23.3
The Ocean State Climate Adaptation and Resilience Fund

§ 46-23.3-4. Establishment — The Ocean State Climate Adaptation and Resilience fund.

(a) Establishment. There is established within the Rhode Island infrastructure bank, the Ocean State Climate Adaptation and Resilience fund (the “OSCAR fund”).

(b) Financing. The fund shall consist of the following sources:

(1) Sums the general assembly may appropriate;

(2) Monies received from federal, state, or other sources, including bond funds, for the purposes of the OSCAR fund;

(3) Monies received from any private donor for the OSCAR fund; and

(4) Any interest earned on the monies in the fund.

(c) Allocation of OSCAR funds. OSCAR funds shall be used to carry out the purposes of this chapter as follows:

(1) The administrative expenses required to carry out the activities of the program as described in this chapter shall not exceed fifty thousand dollars ($50,000) each for the Rhode Island infrastructure bank, coastal resources management council, and the department of environmental management annually, which sum shall not include the cost of issuing bonds or notes, if any. The department and the council shall be responsible for submitting annual budget requests for its administrative and implementation costs of the program to the bank;

(2) The planning, design, engineering, construction, and monitoring of adaptation and resilience projects as defined in this chapter; and

(3) The OSCAR projects approved by the department and the council upon recommendation of the technical advisory committee. Only grants approved through the process established by the department and council shall be eligible for funding under this program. Subject to the availability of funds in the OSCAR fund, the bank shall award funding upon receipt of written approval of the department and council.

(d) OSCAR fund grants. Factors to be taken into consideration by the technical advisory committee for the purposes of granting monies to municipalities and the state for OSCAR grants, for determining the eligibility of projects for financial assistance, and in prioritizing the selection of projects by the technical committee shall include, but need not be limited to:

(1) Consistency with the following where applicable: the council’s most recent projections for sea level rise, the coastal habitat restoration strategy, the state nonpoint source pollution control plan; and other applicable state and federal laws;

(2) The ability and authority of the applicant to carry out and properly maintain the adaptation and resilience project;

(3) Whether the project will enhance public access to public land;

(4) The severity to, or the risk and/or extent of, infrastructure degradation on public land;

(5) The extent of the use by the public of the public land;

(6) The proposed milestones to ensure that the project is completed as designed and approved;

(7) Whether the adaptation and resilience project can also be shown to create or replace habitat losses that benefit fish and wildlife resources;

(8) Potential water quality improvements;

(9) Potential improvements to fish and wildlife habitats for species that are identified as rare or endangered by the Rhode Island natural history survey or the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq.;

(10) The level and extent of collaboration by partners (e.g., municipality, nongovernment organization, watershed council, federal agency, etc.); and

(11) Overall potential benefits to the public and estimated length of time frame of benefit.