2014 -- H 7120

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LC003228

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY

     Introduced By: Representatives Valencia, Walsh, Kennedy, Tanzi, and Dickinson

     Date Introduced: January 16, 2014

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 2-1 of the General Laws entitled "Agriculture Functions of the

Department of Environmental Management" is hereby amended by adding thereto the following

section:

     2-1-1.1. Division of Agriculture. -- (a) Powers and duties. - The powers and duties of the

department of environmental management with regard to agriculture shall be vested in the

director and shall be put into effect through the division agriculture, established in § 42-17.1-4

and in accordance with the provisions of this section. The division of agriculture shall be

considered the agricultural agency of the state, and the chief of the division shall report directly to

the director with regard to functions and duties pertaining to farms, farm operation, and

agriculture as set forth in this section or elsewhere established in the general laws unless

expressly assigned by law to another agency or entity.

     (b) Findings and declaration of policy. The general assembly finds and declares that:

     (1) Agriculture is both a basic human activity and a dynamic, natural resource based

business sector that contributes significantly to Rhode Island's economy;

     (2) Agricultural operations and the necessary business infrastructure to support

agriculture are found in communities of all population densities in the state and contribute to the

quality of life in the state;

     (3) Agriculture has shaped and continues to inform the landscape of the state;

     (4) Agriculture has been a significant state interest throughout Rhode Island's history;

     (5) Agriculture has become a heavily regulated industry, while the preservation of

agriculture has been a significant purpose and an area of on-going public investment;

     (6) Agriculture, for its success, is dependent on the availability and quality of soil and

other growing media and water supply, the quality and duration of the growing season, the

expertise of farmers and other agriculturists, the access to capital, and availability of labor, and

the presence of capacities for processing, aggregation and distribution, and sales of farm

products;

     (7) It is the established and declared policy of the state to promote, protect and secure the

viability and appropriate expansion of agriculture in the state.

     (c) Purposes. The purposes of this section are to:

     (1) Recognize the division as the agricultural agency of the state;

     (2) Provide explicitly for the coordination of the state's interests in agriculture through the

division;

     (3) Establish a common basic meaning of the terms pertaining to agriculture, farms, and

farming to effectuate the specific agricultural purposes in the general laws in an effective,

integrated, coherent, and consistent manner;

     (4) Facilitate appropriate preservation, expansion, and sound development of agriculture

in all communities of the state, including urban communities, as important to the economic

development of the state and the health and well being of the people of the state;

     (5) Make available to the people of the state and visitors to the state the products and

services of Rhode Island agriculture, including through direct to consumer sales, restaurant and

other hospitality venues, retail outlets, and public and private institutions including, but not

limited, to schools and hospitals;

     (6) Promote coordination and cooperation among state and local agencies, entities and

political subdivisions with responsibilities established by law for agriculture, with associations,

organizations, businesses and persons concerned with agriculture; and

     (7) Provide for integrated planning, management, and regulatory activity as necessary for

the preservation, expansion, viability and sound development of agriculture in the state.

     (d) Definitions. As used in this chapter, the following words and terms shall have the

following meanings, unless the context indicates another or different meaning or intent:

     (1) "Agriculture" means propagation, care, cultivation, raising, and harvesting of the

products of truck farming, horticulture, turf, viticulture, viniculture, floriculture, forestry/tree

farming, sugar bush, stabling of five (5) or more horses, dairy farming, or aquaculture, or the

raising of livestock, including for the production of fiber, furbearing animals, poultry, or bees.

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Unless the context or intent indicates another or different meaning, the term "farming" shall be

treated as a synonym for agriculture as herein defined.

     (2) "Department" means the department of environmental management.

     (3) "Director" means the director of the department of environmental management.

     (4) "Division" means the division of agriculture as established in § 42-17.1-4 with the

powers and duties set forth in this section.

     (5) "Farm" means stock, dairy, poultry, fruit, furbearing animal, and truck farms,

plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for

the raising of agricultural or horticultural commodities including turf, orchards, vineyards and

woodlands and sugar bush and all such other types of farming as are considered "agricultural

operations" pursuant to § 2-23-4.

     (6) "Farmland" means land, or other defined geographic area, that is owned or leased and

is either devoted to agriculture or is being restored to use for agriculture or land that was

previously devoted to agriculture and has not been developed for or converted or dedicated to

another use.

     (7) "Farm Operation" means activities for the purposes: (i) Improving or cultivating the

soil or raising or harvesting any agricultural or horticultural commodity (including the raising,

shearing, feeding, caring for, training, and management of animals) on a farm; (ii) Handling,

drying, packing, grading, or storing on a farm any agricultural or horticultural commodity in its

unmanufactured state, but only if the owner, tenant, or operator of the farm regularly produces

more than one-half (½) of the commodity so treated; (iii) Processing, holding, storing on a farm

any agricultural or horticultural commodity but only if the owner, tenant, or operator of the farm

regularly produces more than one-half (½) of the commodity so treated; (iv) (A) The planting,

cultivating, caring for, or cutting of trees; or (B) The preparation (other than milling) of trees for

market; and (v) Selling any agricultural or horticultural commodity or product but only if the

owner, tenant, or operator of the farm regularly produces more than one-half (½) of the

commodity or product so being sold.

     (8) "Farmer" means a person who is the owner or tenant of a farm and is actively engaged

in farming and either files a 1040F U.S. Internal Revenue Form, or otherwise reports income

from farming for income tax purposes with the Internal Revenue Service, and has a state tax

number or is a nonprofit corporation that has as its purpose providing for agriculture.

     (9) "Person" means an individual, partnership, trust or trustee, corporation, or association.

     (e) Agricultural functions of the division.

     (1) Providing for soil conservation and improvement;

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     (2) Preserving farmland;

     (3) Marketing of Rhode Island farm products and services and Rhode Island produced

food;

     (4) Establishing and administering minimum standards as provided for by law for

agriculture and farm operations;

     (5) Protecting, maintaining, and improving farm viability throughout the state and

farmland ecology;

     (6) Protecting and, as necessary, regulating plant and animal health and quarantine;

     (7) Regulating, as provided for by law, feed, seed, pesticides and soil amendments

including lime;

     (8) Taking such actions, consistent with law, as may be necessary or appropriate to

provide for the viability of farms and the protection and expansion of agriculture in the state.

     (f) Duties of the division:

     (1) To perform the functions assigned to it by this section, by other provisions of law, and

as otherwise may be delegated or assigned to it by the director;

     (2) To act as the advocate for the state's interests in agriculture and to be a resource to

state agencies, entities, and instrumentalities and to the political subdivision of the state on

matters pertaining to agriculture;

     (3) To represent the interests of the state with regard to agriculture in federal and regional

processes and with federal and regional agencies, organizations, and entities;

     (4) To collaborate with other state agencies, entities, and instrumentalities and the

political subdivisions of the state to effectuate the purposes of this section and the functions and

duties of the division;

     (5) To be the primary point of contact for farmers and other persons concerned about

agriculture with regard to the agricultural interests, functions, and programs of the state;

     (6) To prepare and maintain such plans as may be necessary or desirable to effectuate the

purposes of this section, to accomplish the functions and perform the duties of the division;

     (7) To foster, encourage, and support research and development and technical assistance

with regard to agriculture, farms, farm operation, farmland ecology, and soil conservation;

     (8) To participate in and promote Rhode Island and regional efforts to strengthen food

systems;

     (9) To develop and manage programs and to engage and participate in projects as may be

necessary or desirable to effectuate the purposes of this section;

     (10) To define agricultural best management practices and effectuate the use of such

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practices as authorized by law; and

     (11) To undertake such other actions and engage in such projects as may necessary or

appropriate to effectuate the purposes of this section.

     SECTION 2. Section 42-11-10 of the General Laws in Chapter 42-11 entitled

"Department of Administration" is hereby amended to read as follows:

     42-11-10. Statewide planning program. -- (a) Findings. - The general assembly finds

that the people of this state have a fundamental interest in the orderly development of the state;

the state has a positive interest and demonstrated need for establishment of a comprehensive

strategic state planning process and the preparation, maintenance, and implementation of plans

for the physical, economic, and social development of the state; the continued growth and

development of the state presents problems that cannot be met by the cities and towns

individually and that require effective planning by the state; and state and local plans and

programs must be properly coordinated with the planning requirements and programs of the

federal government.

     For the purposes of this section the term physical development shall be deemed to

include, but not be limited to, the protection, preservation, management and improvement of the

built environment and infrastructure of the state and the preservation, conservation, protection,

ecological functioning, use, and management of the natural resources of the state as described in

§ 42-17.1-2(1), as comprehended by the findings, intent and goals of chapter 22.2 of title 45, and

in consonance with the principles and protections set forth in Art. 1 § 17 of the constitution of the

state.

      (b) Establishment of statewide planning program.

      (1) A statewide planning program is hereby established to prepare, adopt, and amend

strategic plans for the physical, economic, and social development of the state and to recommend

these to the governor, the general assembly, and all others concerned.

      (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

departments and agencies of the executive branch unless specifically exempted, shall be

conducted by or under the supervision of the statewide planning program. The statewide planning

program shall consist of a state planning council, and the division of planning, which shall be a

division within the department of administration.

      (c) Strategic planning. - Strategic planning includes the following activities:

      (1) Establishing or identifying general goals.

      (2) Refining or detailing these goals and identifying relationships between them.

      (3) Formulating, testing, and selecting policies and standards that will achieve desired

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objectives.

      (4) Preparing long-range or system plans or comprehensive programs that carry out the

policies and set time schedules, performance measures, and targets.

      (5) Preparing functional short-range plans or programs that are consistent with

established or desired goals, objectives, and policies, and with long-range or system plans or

comprehensive programs where applicable, and that establish measurable intermediate steps

toward their accomplishment of the goals, objectives, policies, and/or long-range system plans.

      (6) Monitoring the planning of specific projects and designing of specific programs of

short duration by the operating departments, other agencies of the executive branch, and political

subdivisions of the state to insure that these are consistent with and carry out the intent of

applicable strategic plans.

      (7) Reviewing the execution of strategic plans and the results obtained and making

revisions necessary to achieve established goals.

      (d) State guide plan. - Components of strategic plans prepared and adopted in accordance

with this section may be designated as elements of the state guide plan. The state guide plan shall

be comprised of functional elements or plans dealing with land use; physical development and

environmental concerns; economic development; housing production; energy supply, including

the development of renewable energy resources in Rhode Island, and energy access, use, and

conservation; human services; and other factors necessary to accomplish the objective of this

section. The state guide plan shall be a means for centralizing, integrating, and monitoring long-

range goals, policies, plans, and implementation activities related thereto. State agencies

concerned with specific subject areas, local governments, and the public shall participate in the

state guide planning process, which shall be closely coordinated with the budgeting process.

      (e) Membership of state planning council. - The state planning council shall consist of

the following members:

      (1) The director of the department of administration as chairperson;

      (2) The director, policy office, in the office of the governor, as vice-chairperson;

      (3) The governor, or his or her designee;

      (4) The budget officer;

      (5) The chairperson of the housing resources commission;

      (6) The highest-ranking administrative officer of the division of planning, as secretary;

      (7) The president of the League of Cities and Towns or his or her designee and one

official of local government, who shall be appointed by the governor from a list of not less than

three (3) submitted by the Rhode Island League Cities and Towns;

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      (8) The executive director of the League of Cities and Towns;

      (9) One representative of a nonprofit community development or housing organization

appointed by the governor;

      (10) Six (6) public members, appointed by the governor, one of whom shall be an

employer with fewer than fifty (50) employees, and one of whom shall be an employer with

greater than fifty (50) employees;

      (11) Two (2) representatives of a private, nonprofit environmental advocacy

organization, both to be appointed by the governor;

      (12) The director of planning and development for the city of Providence;

      (13) The director of the department of transportation;

      (14) The director of the department of environmental management;

      (15) The director of the department of health;

      (16) The executive director of the economic development corporation;

      (17) The commissioner of the Rhode Island office of energy resources;

      (18) The chief executive officer of the Rhode Island public transit authority; and

      (19) The executive director of Rhode Island housing.

      (f) Powers and duties of state planning council. - The state planning council shall have

the following powers and duties:

      (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

and to modify and amend any of these, following the procedures for notification and public

hearing set forth in section 42-35-3, and to recommend and encourage implementation of these

goals to the general assembly, state and federal agencies, and other public and private bodies;

approval of strategic plans by the governor; and to ensure that strategic plans and the long-range

state guide plan are consistent with the findings, intent, and goals set forth in section 45-22.2-3,

the "Rhode Island Comprehensive Planning and Land Use Regulation Act";

      (2) To coordinate the planning and development activities of all state agencies, in

accordance with strategic plans prepared and adopted as provided for by this section;

      (3) To review and comment on the proposed annual work program of the statewide

planning program;

      (4) To adopt rules and standards and issue orders concerning any matters within its

jurisdiction as established by this section and amendments to it;

      (5) To establish advisory committees and appoint members thereto representing diverse

interests and viewpoints as required in the state planning process and in the preparation or

implementation of strategic plans. The state planning council shall appoint a permanent

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committee comprised of:

      (i) Public members from different geographic areas of the state representing diverse

interests, and

      (ii) Officials of state, local and federal government, which shall review all proposed

elements of the state guide plan, or amendment or repeal of any element of the plan, and shall

advise the state planning council thereon before the council acts on any such proposal. This

committee shall also advise the state planning council on any other matter referred to it by the

council; and

      (6) To establish and appoint members to an executive committee consisting of major

participants of a Rhode Island geographic information system with oversight responsibility for its

activities.

      (7) To adopt, amend and maintain as an element of the state guide plan or as an

amendment to an existing element of the state guide plan, standards and guidelines for the

location of eligible renewable energy resources and renewable energy facilities in Rhode Island

with due consideration for the location of such resources and facilities in commercial and

industrial areas, agricultural areas, areas occupied by public and private institutions, and property

of the state and its agencies and corporations, provided such areas are of sufficient size, and in

other areas of the state as appropriate.

      (8) To act as the single statewide metropolitan planning organization for transportation

planning, and to promulgate all rules and regulations that are necessary thereto.

      (g) Division of planning.

      (1) The division of planning shall be the principal staff agency of the state planning

council for preparing and/or coordinating strategic plans for the comprehensive management of

the state's human, economic, and physical resources. The division of planning shall recommend

to the state planning council specific guidelines, standards, and programs to be adopted to

implement strategic planning and the state guide plan and shall undertake any other duties

established by this section and amendments thereto.

      (2) The division of planning shall maintain records (which shall consist of files of

complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

adopted or issued by the state planning council under this section. The records shall be open to

the public.

      (3) The division of planning shall manage and administer the Rhode Island geographic

information system of land-related resources, and shall coordinate these efforts with other state

departments and agencies, including the University of Rhode Island, which shall provide

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technical support and assistance in the development and maintenance of the system and its

associated data base.

      (4) The division of planning shall coordinate and oversee the provision of technical

assistance to political subdivisions of the state in preparing and implementing plans to accomplish

the purposes, goals, objectives, policies, and/or standards of applicable elements of the state guide

plan and shall make available to cities and towns data and guidelines that may be used in

preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

elements thereby.

      (h) [Deleted by P.L. 2011, ch. 215, section 4, and by P.L. 2011, ch. 313, section 4].

      (i) The division of planning shall be the principal staff agency of the water resources

board established pursuant to chapter 46-15 ("Water Resources Board") and the water resources

board corporate established pursuant to chapter 46-15.1 ("Water Supply Facilities").

     SECTION 3. Sections 42-17.1-2 and 42-17.1-4 of the General Laws in Chapter 42-17.1

entitled "Department of Environmental Management" are hereby amended to read as follows:

     42-17.1-2. Powers and duties. -- The director of environmental management shall have

the following powers and duties:

      (1) To supervise and control the protection, development, planning, and utilization of the

natural resources of the state, such resources, including but not limited to, water, plants, trees,

soil, clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish,

shellfish, and other forms of aquatic, insect, and animal life;

      (2) To exercise all functions, powers, and duties, as described in § 2-1-1.1, or pertaining

to agriculture or farming as set forth in law and assigned to the department, heretofore vested in

the department of agriculture and conservation, and in each of the divisions of the department,

such as the promotion of agriculture and animal husbandry in their several branches, including

the inspection and suppression of contagious diseases among animals, the regulation of the

marketing of farm products, the inspection of orchards and nurseries, the protection of trees and

shrubs from injurious insects and diseases, protection from forest fires, the inspection of apiaries

and the suppression of contagious diseases among bees, prevention of the sale of adulterated or

misbranded agricultural seeds, promotion and encouragement of the work of farm bureaus in

cooperation with the University of Rhode Island, farmers' institutes and the various organizations

established for the purpose of developing an interest in agriculture, together with such other

agencies and activities as the governor and the general assembly may from time to time place

under the control of the department, and as heretofore vested by such of the following chapters

and sections of the general laws as are presently applicable to the department of environmental

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management and which were previously applicable to the department of natural resources and the

department of agriculture and conservation or to any of its divisions: chapters 1 through 22,

inclusive, as amended, in title 2 entitled "Agriculture and Forestry;" chapters 1 through 17,

inclusive, as amended, in title 4 entitled "Animals and Animal Husbandry;" chapters 1 through

19, inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1 through 32,

inclusive, as amended, in title 21 entitled "Food and Drugs;" chapter 7 of title 23 as amended,

entitled "Mosquito Abatement;" and by any other general or public law relating to the department

of agriculture and conservation or to any of its divisions or bureaus;

      (3) To exercise all the functions, powers, and duties heretofore vested in the division of

parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled

"Parks and Recreational Areas;" by chapter 22.5 of title 23, as amended, entitled "Drowning

Prevention and Lifesaving;" and by any other general or public law relating to the division of

parks and recreation;

      (4) To exercise all the functions, powers, and duties heretofore vested in the division of

harbors and rivers of the department of public works, or in the department itself by such as were

previously applicable to the division or the department, of chapters 1 through 22 and sections

thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or

public law relating to the division of harbors and rivers;

      (5) To exercise all the functions, powers and duties heretofore vested in the department

of health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety;" and

by chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4,

5, 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry;"

and those functions, powers, and duties specifically vested in the director of environmental

management by the provisions of section 21-2-22, as amended, entitled "Inspection of Animals

and Milk;" together with other powers and duties of the director of the department of health as are

incidental to or necessary for the performance of the functions transferred by this section;

      (6) To cooperate with the Rhode Island economic development corporation in its

planning and promotional functions, particularly in regard to those resources relating to

agriculture, fisheries, and recreation;

      (7) To cooperate with, advise, and guide conservation commissions of cities and towns

created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter

203 of the Public Laws, 1960;

      (8) To assign or reassign, with the approval of the governor, any functions, duties, or

powers established by this chapter to any agency within the department, except as hereinafter

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limited;

      (9) To cooperate with the water resources board and to provide to the board facilities,

administrative support, staff services, and such other services as the board shall reasonably

require for its operation and, in cooperation with the board and the statewide planning program to

formulate and maintain a long range guide plan and implementing program for development of

major water sources transmissions systems needed to furnish water to regional and local

distribution systems;

      (10) To cooperate with the solid waste management corporation and to provide to the

corporation such facilities, administrative support, staff services and such other services within

the department as the corporation shall reasonably require for its operation;

      (11) To provide for the maintenance of waterways and boating facilities, consistent with

chapter 6.1 of title 46, by: (i) establishing minimum standards for upland beneficial use and

disposal of dredged material; (ii) promulgating and enforcing rules for water quality, ground

water protection, and fish and wildlife protection pursuant to section 42-17.1-24; (iii) planning for

the upland beneficial use and/or disposal of dredged material in areas not under the jurisdiction of

the council pursuant to section 46-23-6(2); and (iv) cooperating with the coastal resources

management council in the development and implementation of comprehensive programs for

dredging as provided for in sections 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) monitoring dredge

material management and disposal sites in accordance with the protocols established pursuant to

section 46-6.1-5(3) and the comprehensive program provided for in section 46-23-6(1)(ii)(H); no

powers or duties granted herein shall be construed to abrogate the powers or duties granted to the

coastal resources management council under chapter 23 of title 46, as amended;

      (12) To establish minimum standards, subject to the approval of the environmental

standards board, relating to the location, design, construction and maintenance of all sewage

disposal systems;

      (13) To enforce, by such means as provided by law, the standards for the quality of air,

and water, and the design, construction and operation of all sewage disposal systems; any order or

notice issued by the director relating to the location, design, construction or maintenance of a

sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director

shall forward the order or notice to the city or town wherein the subject property is located and

the order or notice shall be recorded in the general index by the appropriate municipal official in

the land evidence records in the city or town wherein the subject property is located. Any

subsequent transferee of that property shall be responsible for complying with the requirements of

the order or notice. Upon satisfactory completion of the requirements of the order or notice, the

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director shall provide written notice of the same, which notice shall be similarly eligible for

recordation. The original written notice shall be forwarded to the city or town wherein the subject

property is located and the notice of satisfactory completion shall be recorded in the general index

by the appropriate municipal official in the land evidence records in the city or town wherein the

subject property is located. A copy of the written notice shall be forwarded to the owner of the

subject property within five (5) days of a request for it, and, in any event, shall be forwarded to

the owner of the subject property within thirty (30) days after correction;

      (14) To establish minimum standards for the establishment and maintenance of salutary

environmental conditions, including standards and methods for the assessment and the

consideration of the cumulative effects on the environment of regulatory actions and decisions,

which standards for consideration of cumulative effects shall provide for: (i) evaluation of

potential cumulative effects that could adversely effect public health and/or impair ecological

functioning; (ii) analysis of such other matters relative to cumulative effects as the department

may deem appropriate in fulfilling its duties, functions and powers; which standards and methods

shall only be applicable to ISDS systems in the town of Jamestown in areas that are dependent for

water supply on private and public wells, unless broader use is approved by the general assembly.

The department shall report to the general assembly not later than March 15, 2008 with regard to

the development and application of such standards and methods in Jamestown.

      (15) To establish and enforce minimum standards for permissible types of septage,

industrial waste disposal sites and waste oil disposal sites;

      (16) To establish minimum standards subject to the approval of the environmental

standards board for permissible types of refuse disposal facilities, the design, construction,

operation, and maintenance of disposal facilities; and the location of various types of facilities;

      (17) To exercise all functions, powers, and duties necessary for the administration of

chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act";

      (18) To designate in writing any person in any department of the state government or any

official of a district, county, city, town, or other governmental unit, with that official's consent, to

enforce any rule, regulation, or order promulgated and adopted by the director under any

provision of law; provided, however, that enforcement of powers of the coastal resources

management council shall be assigned only to employees of the department of environmental

management, except by mutual agreement or as otherwise provided in chapter 23 of title 46;

      (19) To issue and enforce such rules, regulations, and orders as may be necessary to

carry out the duties assigned to the director and the department by any provision of law; and to

conduct such investigations and hearings and to issue, suspend, and revoke such licenses as may

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be necessary to enforce those rules, regulations, and orders.

      Notwithstanding the provisions of section 42-35-9 to the contrary, no informal

disposition of a contested licensing matter shall occur where resolution substantially deviates

from the original application unless all interested parties shall be notified of said proposed

resolution and provided with opportunity to comment upon said resolution pursuant to applicable

law and any rules and regulations established by the director.

      (20) To enter, examine or survey at any reasonable time such places as the director

deems necessary to carry out his or her responsibilities under any provision of law subject to the

following provisions:

      (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a

search warrant from an official of a court authorized to issue warrants, unless a search without a

warrant is otherwise allowed or provided by law;

      (ii) (A) All administrative inspections shall be conducted pursuant to administrative

guidelines promulgated by the department in accordance with chapter 35 of title 42.

      (B) A warrant shall not be required for administrative inspections if conducted under the

following circumstances, in accordance with the applicable constitutional standards:

      (I) For closely regulated industries;

      (II) In situations involving open fields or conditions that are in plain view;

      (III) In emergency situations;

      (IV) In situations presenting an imminent threat to the environment or public health,

safety or welfare;

      (V) If the owner, operator, or agent in charge of the facility, property, site or location

consents; or

      (VI) In other situations in which a warrant is not constitutionally required.

      (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the

director in his or her discretion deems it advisable, an administrative search warrant, or its

functional equivalent, may be obtained by the director from a neutral magistrate for the purpose

of conducting an administrative inspection. The warrant shall be issued in accordance with the

applicable constitutional standards for the issuance of administrative search warrants. The

administrative standard of probable cause, not the criminal standard of probable cause, shall

apply to applications for administrative search warrants.

      (I) The need for, or reliance upon, an administrative warrant shall not be construed as

requiring the department to forfeit the element of surprise in its inspection efforts.

      (II) An administrative warrant issued pursuant to this subsection must be executed and

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returned within ten (10) days of its issuance date unless, upon a showing of need for additional

time, the court orders otherwise.

      (III) An administrative warrant may authorize the review and copying of documents that

are relevant to the purpose of the inspection. If documents must be seized for the purpose of

copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare

an inventory of the documents taken. The time, place and manner regarding the making of the

inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of

the inventory shall be delivered to the person from whose possession or facility the documents

were taken. The seized documents shall be copied as soon as feasible under circumstances

preserving their authenticity, then returned to the person from whose possession or facility the

documents were taken.

      (IV) An administrative warrant may authorize the taking of samples of air, water or soil

or of materials generated, stored or treated at the facility, property, site or location. Upon request,

the department shall make split samples available to the person whose facility, property, site or

location is being inspected.

      (V) Service of an administrative warrant may be required only to the extent provided for

in the terms of the warrant itself, by the issuing court.

      (D) Penalties. - Any willful and unjustified refusal of right of entry and inspection to

department personnel pursuant to an administrative warrant shall constitute a contempt of court

and shall subject the refusing party to sanctions, which in the court's discretion may result in up to

six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per

refusal.

      (21) To give notice of an alleged violation of law to the person responsible therefor

whenever the director determines that there are reasonable grounds to believe that there is a

violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted

pursuant to authority granted to him or her, unless other notice and hearing procedure is

specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney

general to prosecute offenders as required by law.

      (i) The notice shall provide for a time within which the alleged violation shall be

remedied, and shall inform the person to whom it is directed that a written request for a hearing

on the alleged violation may be filed with the director within ten (10) days after service of the

notice. The notice will be deemed properly served upon a person if a copy thereof is served him

or her personally, or sent by registered or certified mail to his or her last known address, or if he

or she is served with notice by any other method of service now or hereafter authorized in a civil

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action under the laws of this state. If no written request for a hearing is made to the director

within ten (10) days of the service of notice, the notice shall automatically become a compliance

order.

      (ii) (A) Whenever the director determines that there exists a violation of any law, rule, or

regulation within his or her jurisdiction which requires immediate action to protect the

environment, he or she may, without prior notice of violation or hearing, issue an immediate

compliance order stating the existence of the violation and the action he or she deems necessary.

The compliance order shall become effective immediately upon service or within such time as is

specified by the director in such order. No request for a hearing on an immediate compliance

order may be made.

      (B) Any immediate compliance order issued under this section without notice and prior

hearing shall be effective for no longer than forty-five (45) days; provided, however, that for

good cause shown the order may be extended one additional period not exceeding forty-five (45)

days.

      (iii) The director may, at his or her discretion and for the purposes of timely and

effective resolution and return to compliance, cite a person for alleged noncompliance through the

issuance of an expedited citation in accordance with subsection 42-17.6-3(c).

      (iv) If a person upon whom a notice of violation has been served under the provisions of

this section or if a person aggrieved by any such notice of violation requests a hearing before the

director within ten (10) days of the service of notice of violation, the director shall set a time and

place for the hearing, and shall give the person requesting that hearing at least five (5) days

written notice thereof. After the hearing, the director may make findings of fact and shall sustain,

modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that

decision shall be deemed a compliance order and shall be served upon the person responsible in

any manner provided for the service of the notice in this section.

      (v) The compliance order shall state a time within which the violation shall be remedied,

and the original time specified in the notice of violation shall be extended to the time set in the

order.

      (vi) Whenever a compliance order has become effective, whether automatically where

no hearing has been requested, where an immediate compliance order has been issued, or upon

decision following a hearing, the director may institute injunction proceedings in the superior

court of the state for enforcement of the compliance order and for appropriate temporary relief,

and in that proceeding the correctness of a compliance order shall be presumed and the person

attacking the order shall bear the burden of proving error in the compliance order, except that the

LC003228 - Page 15 of 26

director shall bear the burden of proving in the proceeding the correctness of an immediate

compliance order. The remedy provided for in this section shall be cumulative and not exclusive

and shall be in addition to remedies relating to the removal or abatement of nuisances or any

other remedies provided by law.

      (vii) Any party aggrieved by a final judgment of the superior court may, within thirty

(30) days from the date of entry of such judgment, petition the supreme court for a writ of

certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the

filing of the petition with the clerk of the supreme court, the supreme court may, if it sees fit,

issue its writ of certiorari;

      (22) To impose administrative penalties in accordance with the provisions of chapter

17.6 of this title and to direct that such penalties be paid into the account established by

subdivision (26); and

      (23) The following definitions shall apply in the interpretation of the provisions of this

chapter:

      (i) Director: - The term "director" shall mean the director of environmental management

of the state of Rhode Island or his or her duly authorized agent.

      (ii) Person: - The term "person" shall include any individual, group of individuals, firm,

corporation, association, partnership or private or public entity, including a district, county, city,

town, or other governmental unit or agent thereof, and in the case of a corporation, any individual

having active and general supervision of the properties of such corporation.

      (iii) Service: - (A) Service upon a corporation under this section shall be deemed to

include service upon both the corporation and upon the person having active and general

supervision of the properties of such corporation.

      (B) For purposes of calculating the time within which a claim for a hearing is made

pursuant to subdivision (21)(i) of this section heretofore, service shall be deemed to be the date of

receipt of such notice or three (3) days from the date of mailing of said notice, whichever shall

first occur.

      (24) (i) To conduct surveys of the present private and public camping and other

recreational areas available and to determine the need for and location of such other camping and

recreational areas as may be deemed necessary and in the public interest of the state of Rhode

Island and to report back its findings on an annual basis to the general assembly on or before

March 1 of every year;

      (ii) Additionally, the director of the department of environmental management shall take

such additional steps, including but not limited to, matters related to funding as may be necessary

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to establish such other additional recreational facilities and areas as are deemed to be in the public

interest.

      (25) (i) To apply for and accept grants and bequests of funds with the approval of the

director of administration from other states, interstate agencies and independent authorities, and

private firms, individuals and foundations, for the purpose of carrying out his or her lawful

responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt

account created in the Natural Resources Program for funds made available for that program's

purposes or in a restricted receipt account created in the Environmental Protection Program for

funds made available for that program's purposes. All expenditures from the accounts shall be

subject to appropriation by the general assembly, and shall be expended in accordance with the

provisions of the grant or bequest. In the event that a donation or bequest is unspecified or in the

event that the trust account balance shows a surplus after the project as provided for in the grant

or bequest has been completed, the director may utilize said appropriated unspecified or

appropriated surplus funds for enhanced management of the department's forest and outdoor

public recreation areas, or other projects or programs that promote the accessibility of recreational

opportunities for Rhode Island residents and visitors.

      (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by

October 1 of each year, a detailed report on the amount of funds received and the uses made of

such funds.

      (26) To establish fee schedules by regulation with the approval of the governor for the

processing of applications and the performing of related activities in connection with the

department's responsibilities pursuant to subdivision (12) of this section, chapter 19.1 of title 23

as it relates to inspections performed by the department to determine compliance with chapter

19.1 and rules and regulations promulgated in accordance therewith, chapter 18.9 of title 23 as it

relates to inspections performed by the department to determine compliance with chapter 18.9

and the rules and regulations promulgated in accordance therewith, chapters 19.5 and 23 of title

23; chapter 12 of title 46 insofar as it relates to water quality certifications and related reviews

performed pursuant to provisions of the federal Clean Water Act, the regulation and

administration of underground storage tanks and all other programs administered under chapter

12 of title 46 and section 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46

insofar as they relate to any reviews and related activities performed under the provisions of the

Groundwater Protection Act, chapter 23-24.9 as it relates to the regulation and administration of

mercury-added products, and chapter 17.7 of this title insofar as it relates to administrative

appeals of all enforcement, permitting and licensing matters to the administrative adjudication

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division for environmental matters. Two (2) fee ranges shall be required: for "Appeal of

enforcement actions", a range of fifty dollars ($50) to one hundred dollars ($100), and for

"Appeal of application decisions", a range of five hundred dollars ($500) to ten thousand dollars

($10,000). The monies from the administrative adjudication fees will be deposited as general

revenues and the amounts appropriated shall be used for the costs associated with operating the

administrative adjudication division.

      There is hereby established an account within the general fund to be called the water and

air protection program. The account shall consist of sums appropriated for water and air pollution

control and waste monitoring programs and the state controller is hereby authorized and directed

to draw his or her orders upon the general treasurer for the payment of such sums or such portions

thereof as may be required from time to time upon receipt by him or her of properly authenticated

vouchers. All amounts collected under the authority of this subdivision for the sewage disposal

system program and fresh waters wetlands program will be deposited as general revenues and the

amounts appropriated shall be used for the purposes of administering and operating the programs.

The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of

each year a detailed report on the amount of funds obtained from fines and fees and the uses made

of such funds.

      (27) To establish and maintain a list or inventory of areas within the state worthy of

special designation as "scenic" to include, but not be limited to, certain state roads or highways,

scenic vistas and scenic areas, and to make the list available to the public.

      (28) To establish and maintain an inventory of all interests in land held by public and

private land trust and to exercise all powers vested herein to insure the preservation of all

identified lands.

      (i) The director may promulgate and enforce rules and regulations to provide for the

orderly and consistent protection, management, continuity of ownership and purpose, and

centralized records-keeping for lands, water, and open spaces owned in fee or controlled in full or

in part through other interests, rights, or devices such as conservation easements or restrictions,

by private and public land trusts in Rhode Island. The director may charge a reasonable fee for

filing of each document submitted by a land trust.

      (ii) The term "public land trust" means any public instrumentality created by a Rhode

Island municipality for the purposes stated herein and financed by means of public funds

collected and appropriated by the municipality. The term "private land trust" means any group of

five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode

Island as a nonbusiness corporation for the purposes stated herein, or a national organization such

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as the nature conservancy. The main purpose of either a public or a private land trust shall be the

protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other

natural features, areas, or open space for the purpose of managing or maintaining, or causing to

be managed or maintained by others, the land, water, and other natural amenities in any

undeveloped and relatively natural state in perpetuity. A private land trust must be granted

exemption from federal income tax under Internal Revenue Code 501c(3) [26 U.S.C. section

501(c)(3)]within two (2) years of its incorporation in Rhode Island or it may not continue to

function as a land trust in Rhode Island. A private land trust may not be incorporated for the

exclusive purpose of acquiring or accepting property or rights in property from a single

individual, family, corporation, business, partnership, or other entity. Membership in any private

land trust must be open to any individual subscribing to the purposes of the land trust and

agreeing to abide by its rules and regulations including payment of reasonable dues.

      (iii) (A) Private land trusts will, in their articles of association or their bylaws, as

appropriate, provide for the transfer to an organization created for the same or similar purposes

the assets, lands and land rights and interests held by the land trust in the event of termination or

dissolution of the land trust.

      (B) All land trusts, public and private, will record in the public records of the appropriate

towns and cities in Rhode Island all deeds, conservation easements or restrictions or other

interests and rights acquired in land and will also file copies of all such documents and current

copies of their articles of association, their bylaws, and annual reports with the secretary of state,

and with the director of the Rhode Island department of environmental management. The director

is hereby directed to establish and maintain permanently a system for keeping records of all

private and public land trust land holdings in Rhode Island.

      (29) The director will contact in writing, not less often than once every two (2) years,

each public or private land trust to ascertain: that all lands held by the land trust are recorded with

the director; the current status and condition of each land holding; that any funds or other assets

of the land trust held as endowment for specific lands have been properly audited at least once

within the two (2) year period; the name of the successor organization named in the public or

private land trust's bylaws or articles of association; and any other information the director deems

essential to the proper and continuous protection and management of land and interests or rights

in land held by the land trust. In the event that the director determines that a public or private land

trust holding land or interest in land appears to have become inactive, he or she shall initiate

proceedings to effect the termination of the land trust and the transfer of its lands, assets, land

rights, and land interests to the successor organization named in the defaulting trust's bylaws or

LC003228 - Page 19 of 26

articles of association or to another organization created for the same or similar purposes. Should

such a transfer not be possible, then the land trust, assets, and interest and rights in land will be

held in trust by the state of Rhode Island and managed by the director for the purposes stated at

the time of original acquisition by the trust. Any trust assets or interests other than land or rights

in land accruing to the state under such circumstances will be held and managed as a separate

fund for the benefit of the designated trust lands.

      (30) Consistent with federal standards, issue and enforce such rules, regulations and

orders as may be necessary to establish requirements for maintaining evidence of financial

responsibility for taking corrective action and compensating third parties for bodily injury and

property damage caused by sudden and non-sudden accidental releases arising from operating

underground storage tanks.

      (31) To enforce, by such means as provided by law, the standards for the quality of air,

and water, and the location, design, construction and operation of all underground storage

facilities used for storing petroleum products or hazardous materials; any order or notice issued

by the director relating to the location, design construction, operation or maintenance of an

underground storage facility used for storing petroleum products or hazardous materials shall be

eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice

to the city or town wherein the subject facility is located, and the order or notice shall be recorded

in the general index by the appropriate municipal officer in the land evidence records in the city

or town wherein the subject facility is located. Any subsequent transferee of that facility shall be

responsible for complying with the requirements of the order or notice. Upon satisfactory

completion of the requirements of the order or notice, the director shall provide written notice of

the same, which notice shall be eligible for recordation. The original written notice shall be

forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory

completion shall be recorded in the general index by the appropriate municipal official in the land

evidence records in the city or town wherein the subject facility is located. A copy of the written

notice shall be forwarded to the owner of the subject facility within five (5) days of a request for

it, and, in any event, shall be forwarded to the owner of the subject facility within thirty (30) days

after correction.

      (32) To manage and disburse any and all funds collected pursuant to section 46-12.9-4,

in accordance with section 46-12.9-5, and other provisions of the Rhode Island Underground

Storage Tank Financial Responsibility Act, as amended.

      (33) To support, facilitate and assist the Rhode Island Natural History Survey, as

appropriate and/or as necessary, in order to accomplish the important public purposes of the

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survey in gathering and maintaining data on Rhode Island natural history, making public

presentations and reports on natural history topics, ranking species and natural communities,

monitoring rare species and communities, consulting on open space acquisitions and management

plans, reviewing proposed federal and state actions and regulations with regard to their potential

impact on natural communities, and seeking outside funding for wildlife management, land

management and research.

      (34) To promote the effective stewardship of lakes and ponds including collaboration

with associations of lakefront property owners on planning and management actions that will

prevent and mitigate water quality degradation, the loss of native habitat due to infestation of

non-native species and nuisance conditions that result from excessive growth of algal or non-

native plant species. By January 31, 2012, the director shall prepare and submit a report to the

governor and general assembly that based upon available information provides: (a) an assessment

of lake conditions including a description of the presence and extent of aquatic invasive species in

lakes and ponds; (b) recommendations for improving the control and management of aquatic

invasives species in lakes and ponds; and (c) an assessment of the feasibility of instituting a boat

sticker program for the purpose of generating funds to support implementation actions to control

aquatic invasive species in the freshwaters of the state.

     42-17.1-4. Divisions within department. -- Within the department of environmental

management there are established the following divisions:

      (1) A division of parks and recreation which shall carry out those functions of the

department relating to the operation and maintenance of parks and recreation areas and the

establishment and maintenance of such additional recreation areas as may from time to time be

acquired and such other functions and duties as may from time to time be assigned by the

director;

      (2) A division of fish and wildlife which shall carry out those functions of the

department relating to the administration of hunting, fishing, and shell fisheries; the preservation

of wetlands, marsh lands, and wildlife and such other functions and duties as may from time to

time be assigned by the director;

      (3) A division of agriculture which, may be assigned to a bureau or other subdivision of

the department for administrative purposes, shall carry out those functions of the department

relating to agriculture, including, but not limited to, the functions set forth in §§ 42-17.1-2(2) and

42-17.1-2(6) of this chapter and § 2-1-1.1 of chapter 2-1, and such other functions and duties as

may from time to time be assigned by the director, including, but not limited to, plant industry,

farm viability, marketing and promotion, farmland ecology and protection, plant and animal

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health and quarantine, pesticides, mosquito abatement, pest survey and response, food policy and

security, and, in collaboration with the department of health, public health as it relates to farm

production and direct marketing of farm products, and those agreed upon through memorandum

of agreement with the department of health or other state agencies. The department of health shall

continue to act as the lead agency for all public health issues in the state pursuant to chapter 23-1.

Nothing herein contained shall limit the department of health's statutory authority, nor shall any

provision herein be construed as a limitation upon the statutory authority of the department of

health granted to the department under title 23 of the general laws, nor shall any provision herein

be construed to limit the authority of the department of environmental management to enter into

memoranda of agreement with any governmental agency.

      (4) A division of coastal resources which shall carry out those functions of the

department relating to harbors and harbor lines, pilotage, flood control, shore development,

construction of port facilities, and the registration of boats and such other functions and duties as

may from time to time be assigned by the director, except that the division shall not be

responsible for the functions of inspection of dams and reservoirs, approving plans for

construction or improvement of dams, reservoirs and other structures in non-tidal waters, and the

operation of stream-gauging stations in cooperation with the United States Geological Survey,

and provided further that the division and its staff shall be responsible through the director of

environmental management, to the coastal resources management council, and the chief and the

staff of the division shall serve as staff to the council;

      (5) A division of planning and development which shall carry out those functions of the

department relating to planning, programming, acquisition of land, engineering studies and such

other studies as the director may direct, and which shall work with the board of governors for

higher education and the board of regents for elementary and secondary education, with

educational institutions at all levels and with the public in the dissemination of information and

education relating to natural resources and shall perform the publication and public relations

functions of the department, the functions of inspection of dams and reservoirs, approving plans

for construction or improvement of dams, reservoirs, and other structures in non-tidal waters, and

the operation of stream-gauging stations in cooperation with the United States Geological Survey;

      (6) A division of enforcement which shall enforce all of the laws and regulations of the

department and the coastal resources management council, which shall cooperate with the other

enforcement agencies of the state and its municipalities, and which shall administer all of the

policing, enforcing, licensing, registration, and inspection functions of the department and such

other functions and duties as may from time to time be assigned by the director;

LC003228 - Page 22 of 26

      (7) A division of forest environment which shall carry out those functions of the

department relating to the administration of forests and natural areas, including programs for

utilization, conservation, forest fire protection, and improvements of these areas; assisting other

agencies and local governments in urban programs relating to trees, forests, green belts, and

environment and such other functions and duties as may from time to time be assigned by the

director;

      (8) (i) A division of boating safety which shall carry out those functions of the

department relating to the development and administration of a coordinated safe boating program

in accordance with the Model Safe Boating Act of 1971 as approved by the National Association

of State Boating Law Administrators;

      (ii) Administration of the division of boating safety shall be the responsibility of the state

boating law administrator whose duties shall include:

      (A) The enforcement of all laws relating to the act;

      (B) The powers vested in the state boating law administrator and boating safety

enforcement officer shall include the enforcement of laws, rules and regulations relating to

"Regulation of Boats," title 46, chapter 22 and shall also include the power to:

      (I) Execute all warrants and search warrants for the violation of laws, rules and

regulations relating to the act.

      (II) Serve subpoenas issued for the trial of all offenses hereunder.

      (III) To carry firearms or other weapons, concealed or otherwise, in the course of and in

performance of their duties under this chapter.

      (IV) To arrest without warrant and on view any person found violating any law, rule, or

regulation relating to the act, take that person before a court having jurisdiction for trial, detain

that person in custody at the expense of the state until arraignment and to make and execute

complaints within any district to the justice or clerk of the court against any person for any of the

offenses enumerated under the act committed within the district.

      (V) Boating safety enforcement officers shall not be required to give surety for costs

upon any complaint made by him or her.

      (iii) The development and administration of a coordinated safe boating program.

      (iv) The establishment and enforcement of such rules and regulations as are deemed

necessary to achieve the purposes of the Model Safe Boating Act as approved by the state boating

law administrators.

      (v) The state boating law administrator shall serve as the liaison to the United States

Coast Guard.

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     SECTION 4. Section 42-82-2 of the General Laws in Chapter 42-82 entitled "Farmland

Preservation Act" is hereby amended to read as follows:

     42-82-2. Definitions. -- As used in this chapter, unless the context indicates a different

meaning or intent:

        (1) "Agricultural land" means any land in the state of five (5) contiguous acres or larger

that is suitable for agriculture by reference to soil type, existing use for agricultural purposes and

other criteria to be developed by the commission, or any land devoted to agricultural operations

as defined in this section, and may include adjacent pastures, ponds, natural drainage areas and

other adjacent areas which the commission deems necessary for farm operations;

        (2) "Agricultural lands preservation commission" or "commission" means the

commission established pursuant to § 42-82-3;

        (3) "Agricultural operation" means any individual, partnership or corporation that

complies with §§ 44-27-3 and 2-1-22(j) 2-1-1.1 (d)(7) and (8) and produces and distributes a

commercial food, feed, fiber or horticultural product.

        (4) "Cost," when used with reference to acquisition of development rights, means as of

any particular date the cost subsequently incurred of purchasing the development rights, property

rights and all other necessary expenses incident to planning, financing, and implementing the

provisions of this chapter;

        (5) "Development rights" means the rights of the fee simple owner to develop,

construct on, divide, sell, lease, or otherwise change the property in such a way as to render the

land unsuitable for agriculture; this includes the exercise of the owner's rights to sell or grant

easements or rights of way, or to sell the mineral or water rights or other rights if by that exercise

the use of the land as productive agricultural land is diminished; but does not include the rights of

the owner to sell, lease, or otherwise improve the agricultural land to preserve, maintain, operate,

or continue the land as agricultural land or all other customary rights and privileges of ownership,

including the right to privacy. Specific restrictions to farm-related development shall be

formulated by the commission for each parcel of land to which the development rights are

purchased and appended to the covenant at the time of its making.

     SECTION 5. Section 44-27-2 of the General Laws in Chapter 44-27 entitled "Taxation of

Farm, Forest, and Open Space Land" is hereby amended to read as follows:

     44-27-2. Definitions. -- When used in this chapter:

        (1) "Farmland" means:

        (i) Any tract or tracts of land, including woodland and wasteland constituting a farm

unit, or a "farm" of a "farmer" as these terms are defined in § 2-1-1.1(d);

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        (ii) Land which is actively devoted to agricultural or horticultural use including, but not

limited to: forages and sod crops; grains and feed crops; fruits and vegetables; poultry, dairy, and

other livestock and their products; nursery, floral, and greenhouse products; other food or fiber

products useful to people;

        (iii) When meeting the requirements and qualifications for payments pursuant to a soil

conservation program under an agreement with the federal government, the director of

environmental management is authorized to promulgate and adopt rules and regulations defining

particular categories and minimum acreages of land eligible for designation as farmland under

this chapter.

        (2) "Forest land" means any tract or contiguous tracts of land, ten (10) acres or larger

bearing a dense growth of trees, including any underbrush, and having either the quality of self

perpetuation, or being dependent upon its development by the planting and replanting of trees in

stands of closely growing timber, actively managed under a forest management plan approved by

the director of environmental management.

        (3) "Open space land" means any tract or contiguous tracts of undeveloped land, where

the undeveloped land serves to enhance agricultural values, or land in its natural state that

conserves forests, enhances wildlife habitat or protects ecosystem health, and that is:

        (i) Ten (10) total acres or larger, exclusive of house site, where "house site" means the

zoned lot size or one acre, whichever is smaller, and land surrounding dwellings or devoted to

developed facilities, such as tennis courts, pool, etc., related to the use of the residence; or

        (ii) Tracts of land of any size that are designated as open space land in the

comprehensive community plan; or

        (iii) Tracts of land of any size that have conservation restrictions or easements in full

force and applied for as open space, which shall be taxed on an equitable basis.

     SECTION 6. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY

***

     This act would expand the powers of the department of environmental management

relating to agriculture and farming by creating a new division of agriculture.

     This act would take effect upon passage.

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