Chapter 1 Duties of Department of Environmental Management

46-1-1. General duties of director.

The director of the department of environmental management shall have control and supervision of all the harbors and tidewaters of the state, for the preservation, development, and improvement thereof and the promotion of the interests of the state therein.

History of Section. P.L. 1918, ch. 1669, § 2; G.L. 1923, ch. 149, § 7; G.L. 1938, ch. 112, § 7; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-1-1 .

Comparative Legislation.

Supervision:

Mass. Ann. Laws ch. 102, § 19 et seq.

46-1-2. Care and supervision of harbors and tidewaters.

The director of the department of environmental management shall have the general care and supervision of all the public harbors and tidewaters within the state, with authority to prosecute for and to cause to be removed all unauthorized obstructions and encroachments therein, and may cause the harbors and public waters to be surveyed and platted and may make such examinations and observations as he or she may deem necessary to protect and develop the rights and interests of the state in the harbors and public waters; and may employ such engineers and other service as may be necessary to this end.

History of Section. G.L. 1896, ch. 118, § 10; G.L. 1909, ch. 144, § 10; G.L. 1923, ch. 149, § 9; G.L. 1938, ch. 112, § 9; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-1-2 .

46-1-3. Offices of department — Seal.

The department of administration shall furnish the department of environmental management with offices in which to transact its business and keep its charts and records. The department of environmental management shall have a seal and shall have engraved thereon the words “Department of Environmental Management, State of Rhode Island,” and the seal shall be affixed to all orders, permits, licenses, and contracts which the director of environmental management is authorized by law to make, and to such other documents and instruments to which the director is authorized to affix his or her signature as the director may deem necessary.

History of Section. G.L. 1909, ch. 144, § 17; P.L. 1918, ch. 1669, § 7; G.L. 1923, ch. 149, § 16; G.L. 1938, ch. 112, § 16; impl. am. P.L. 1939, ch. 660, §§ 100, 233; impl. am. P.L. 1951, ch. 2727, art. 1, § 2; G.L. 1956, § 46-1-3 .

Compiler’s Notes.

In 2021, “State of Rhode Island” was substituted for “State of Rhode Island and Providence Plantations” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

46-1-4. Expenses — Employment of personnel.

The director of the department of environmental management may incur such expenses and employ such superintendents, engineers, draftspersons, assistants, agents, watchpersons, clerks, and other persons as the director may deem necessary to enable the department to carry out its duties under chapters 1 — 7 of this title, at a cost not to exceed the sum appropriated therefor.

History of Section. G.L.1909, ch. 144, § 15; P.L. 1918, ch. 1669, § 6; G.L. 1923, ch. 149, § 14; G.L. 1938, ch. 112, § 14; impl. am. P.L. 1939, ch. 660, § 100, G.L. 1956, § 46-1-4 .

46-1-5. Appropriations and disbursements.

The general assembly shall annually appropriate such sum as it may deem necessary for the payment of the salaries of the director and his or her assistants, and for all other expenses of the department; the sum to be paid upon vouchers approved by the director of environmental management.

History of Section. G.L.1909, ch. 144, § 15; P.L. 1918, ch. 1669, § 6; G.L. 1923, ch. 149, § 14; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 112, § 14; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-1-5 .

46-1-6. Annual report.

The director of the department of environmental management shall make an annual report to the general assembly at its January session of the doings of the department during the preceding year, and shall recommend such further legislation as he or she may deem proper for the preservation and improvement of the harbors and public tidewaters and the promotion of the interests of the state connected therewith.

History of Section. G.L. 1896, ch. 118, § 16; P.L. 1901, ch. 809, § 30; G.L. 1909, ch. 144, § 16; G.L. 1923, ch. 149, § 15; G.L. 1938, ch. 112, § 15; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-1-6 .

Chapter 1.1 Consistency of Interpretation

46-1.1-1. Consistency of interpretation with title 46, chapter 23.

Sections 46-1-1 , 46-1-2 , 46-2-2 , 46-2-4 , 46-6-1 , 46-6-2 and 46-6-6 shall be interpreted in a manner consistent with the designation of the coastal resources management council as the lead state agency for dredging as provided for in § 46-23-1(e) .

History of Section. P.L. 1996, ch. 271, § 8; P.L. 1996, ch. 281, § 8.

Chapter 2 Federal Navigation and Flood Control Projects

46-2-1. Application for federal harbor appropriations.

The director of the department of environmental management may apply to Congress, whenever he or she deems it necessary, for appropriations for protecting and improving any harbor in the state.

History of Section. G.L. 1896, ch. 118, § 13; G.L. 1909, ch. 144, § 13; G.L. 1923, ch. 149, § 12; G.L. 1938, ch. 112, § 12; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-2-1 .

Comparative Legislation.

Federal projects:

Conn. Gen. Stat. § 25-74.

Mass. Ann. Laws ch. 91, § 36.

46-2-2. Agreements by state to satisfy federal conditions as to projects.

The director of the department of environmental management is authorized to negotiate, cooperate, and enter into agreements in behalf of this state with the United States in order to satisfy the conditions imposed by the United States authorizing any project for the improvement of navigation of any harbor or river and for the protection of property against damage by floods or by erosion, provided the project shall first have been approved by the governor.

History of Section. P.L. 1949, ch. 2263, § 1; G.L. 1956, § 46-2-2 .

Collateral References.

Constitutionality of levee and flood control acts. 70 A.L.R. 1274.

46-2-3. Agreements to hold federal government harmless.

The director of the department of environmental management with the approval of the governor, is authorized to give assurances that the state will hold and save the United States harmless from claims and damages resulting from any improvement or protection project and to enter into any agreement with the federal government for that purpose.

History of Section. P.L. 1949, ch. 2263, § 2; G.L. 1956, § 46-2-3 .

46-2-4. Applications for federal aid.

Whenever it shall be necessary to obtain cooperation, assistance, or funds from the United States of America in the form of loans, advances, grants, subsidies, and otherwise, directly or indirectly, for any of the purposes enumerated in § 46-2-2 , the director of the department of environmental management, with the approval of the governor, may make all necessary applications therefor to the United States or any agency thereof. All applications shall be made in writing in the name of the state, and shall be signed by the director of the department of environmental management, and shall be countersigned by the governor.

History of Section. P.L. 1949, ch. 2263, § 3; G.L. 1956, § 46-2-4 .

46-2-5. Payment of state contributions.

Where an appropriation has been made by the general assembly for that purpose, the director of the department of environmental management, with the approval of the governor, is authorized to provide for the payment by the state of the cash contribution required by the United States for the improvement or protection project.

History of Section. P.L. 1949, ch. 2263, § 4; G.L. 1956, § 46-2-5 .

46-2-6. Powers supplemental.

The powers granted in §§ 46-2-2 46-2-5 shall be deemed to be in addition to and not in derogation of all the powers previously vested in the director of the department of environmental management.

History of Section. P.L. 1949, ch. 2263, § 4; G.L. 1956, § 46-2-6 .

46-2-7. Agreements by cities and towns to meet federal conditions.

Any city or town is authorized to negotiate, cooperate, and enter into agreements with the United States and the state in order to satisfy the conditions imposed by the United States in authorizing any project for the improvement of navigation of any harbor or river and for the protection of property against damage by floods or by erosion, provided the project shall have been approved by the governor.

History of Section. P.L. 1949, ch. 2354, § 4; G.L. 1956, § 46-2-7 .

46-2-8. Joint undertakings of cities and towns.

Where any improvement or protection project is located within two (2) or more cities or towns, the cities or towns are authorized to undertake jointly any action as is authorized in § 46-2-7 .

History of Section. P.L. 1949, ch. 2354, § 2; G.L. 1956, § 46-2-8 .

46-2-9. Condemnation by cities and towns — Appropriations and borrowing.

In order to carry out the intent of §§ 46-2-7 46-2-11 any city or town is authorized to acquire by condemnation any land, easements, or rights-of-way required for the improvement or protection project, and any city or town is authorized to make appropriations and to expend funds, in the manner provided by law, for the improvement or protection project, and to issue bonds or other evidences of debt, subject to statutory limitation, for the improvement or protection project.

History of Section. P.L. 1949, ch. 2354, § 3; G.L. 1956, § 46-2-9 .

46-2-10. Agreement by town or city to hold federal government harmless.

The town council of any town and the city council of any city are authorized to give assurances that the respective town or city will hold and save the United States harmless from claims and damages resulting from the improvement or protection project and to enter into agreement with the United States for these purposes.

History of Section. P.L. 1949, ch. 2354, § 4; G.L. 1956, § 46-2-10 .

46-2-11. State contributions where appropriation made by city or town.

Where an appropriation has been made by any city or town council for that purpose, and where an appropriation has also been made by the general assembly for that purpose, the director of the department of environmental management, with the approval of the governor, is authorized to provide for the payment by the state of not more than one-half (1/2) of the cash contribution required by the United States, for the improvement or protection project.

History of Section. P.L. 1949, ch. 2354, § 5; G.L. 1956, § 46-2-11 .

46-2-12. Acquisition of land for flood control projects authorized.

Whenever the council of any city, or the electors of any town qualified to vote upon any proposition for the imposition of taxes or for the expenditure of money, shall have voted at a meeting duly called for that purpose to cooperate with the state and the federal government in any flood control project in the city or town, the city or town may acquire by gift, purchase, or by eminent domain proceedings as provided in §§ 46-2-12 46-2-26 , land or other real property or any interest, estate, or right therein as is necessary or advantageous to the establishment, acquisition, construction, development, betterment, or maintenance of the project and from time to time to relocate and construct highways, roads, and streets, including bridges and approaches and other structures, and including water pipes, petroleum pipes, gas pipes, sewers and sewer lines, communication and power lines, railroad tracks and bridges, and other structures, tailraces, raceway conduits, and extensions and connections, incidental thereto, and for the construction or reconstruction of dams and pumping stations, both publicly and privately owned.

History of Section. P.L. 1956, ch. 3662, § 1; G.L. 1956, § 46-2-12 .

46-2-13. Payment for property taken.

Whenever any property or estate or rights of property shall be taken under the provisions of § 46-2-12 , the owner thereof, including all persons having property rights therein, shall be paid therefor according to their respective interests, by the city or town taking the same.

History of Section. P.L. 1956, ch. 3662, § 2; G.L. 1956, § 46-2-13 .

46-2-14. Filing of plat and certificate — Notice to owners.

The city or town, taking any property, estate, or right of property under the provisions of §§ 46-2-12 46-2-26 , shall first cause a plat with a description thereof to be made, which, with a certificate of the taking of the same, shall contain a list of the owners thereof and of the persons interested therein, so far as the same may be known to the town or city taking the same, and which shall be filed in the office of the clerk of the superior court for the county where the property or estate is located; and upon the filing of the certificate, the taking shall thereupon become forthwith effective and the clerk shall forthwith issue a notice to the several persons named therein which shall contain the substance of the certificate, and also a notice of a time and place when the persons may appear in the court and be heard in reference to the question of the damages sustained by reason of the taking; and the clerk shall, for four (4) successive weeks thereafter, cause to be advertised in each issue of some newspaper published in the county a copy of the notice, requiring all persons interested in the premises to appear at said time and place, if they see fit, to be heard in the premises. The personal notice upon known parties shall be served as soon as may be, and at least twenty (20) days before the time of the hearing, by some officer authorized to serve process or by some disinterested person.

History of Section. P.L. 1956, ch. 3662, § 3; G.L. 1956, § 46-2-14 .

46-2-15. Appraisal and award of damages.

At the time mentioned in the notice given under the authority of § 46-2-14 , or at such adjournment from that time as the court shall order, the court shall appoint three (3) suitable persons to be commissioners to appraise the damages sustained by any person whose property, estate, or rights of property shall have been taken for either or any of the purposes authorized in § 46-2-12 ; the commissioners, after being duly sworn to the faithful discharge of their trust and giving due notice to the parties in interest, shall proceed to hear the parties with their allegations and proofs, and to examine the premises, and shall make up and return their award in the premises to the clerk of the superior court from which they received their appointment, with their fees marked thereon, which fees, being first allowed by the court, shall be forthwith paid by the town or city taking the property, estate, or rights of property embraced in the award.

History of Section. P.L. 1956, ch. 3662, § 4; G.L. 1956, § 46-2-15 .

46-2-16. Examination of commissioners’ report — Jury trial on damages — Costs.

The clerk of the superior court shall open the report of the commissioners, and the report may be examined by any person interested therein; and any person or party aggrieved by any award of damages by the commissioners may claim a jury trial upon any item of damages thereby awarded, and may file his or her claim for the trial at any time within three (3) months from the opening of the report; and the claim shall stand for trial by jury as other cases upon the docket of the court, and shall be tried therein in every respect as other cases are there tried, including the right to except to rulings and to apply for new trials for cause; and execution may be awarded thereon as in other cases; but if the party claiming the jury trial shall not therein obtain an award for damages more favorable to him or her than that given by the commissioners, that party shall pay costs to the city or town.

History of Section. P.L. 1956, ch. 3662, § 5; G.L. 1956, § 46-2-16 .

46-2-17. Amendment of proceedings.

Any proceeding in taking any property or estate or rights of property, or in claiming damages therefor, or other proceeding under the provisions of §§ 46-2-12 46-2-26 , may at any stage of the proceeding, with the leave of the court, be amended upon such terms and conditions as to the court may appear to be just and proper.

History of Section. P.L. 1956, ch. 3662, § 6; G.L. 1956, § 46-2-17 .

46-2-18. Judgment for damages.

Whenever the report of the commissioners shall be received by the court and no right of trial by jury shall be claimed thereon, the court shall enter judgment in favor of the several claimants for the damages awarded to them respectively; and so shall enter judgment upon the verdict of the jury, subject to the right to apply for new trials for cause, upon the rendition of the verdict; and the court shall forthwith grant execution upon those judgments.

History of Section. P.L. 1956, ch. 3662, § 7; G.L. 1956, § 46-2-18 .

46-2-19. Damages for riparian rights.

If any land covered by tidewater is taken under §§ 46-2-12 46-2-26 , then damages to the rights of every riparian owner and of every lessee of the land, if any, shall be awarded under the provisions hereof the same as for any other right of property.

History of Section. P.L. 1956, ch. 3662, § 8; G.L. 1956, § 46-2-19 .

46-2-20. Acquisition of lands in other towns.

Any city or town may acquire by gift or purchase any lands or interests therein in any other city or town which are necessary for the construction and/or maintenance of the project and may appropriate such sum or sums as may be necessary therefor.

History of Section. P.L. 1956, ch. 3662, § 11; G.L. 1956, § 46-2-20 .

46-2-21. Cooperation with federal government.

  1. The city or town shall have full power and authority to cooperate with and assist the federal government in all matters relating to the planning, constructing, equipping, maintenance, and operation of the projects in the event that the federal government shall make any federal funds or federal assistance available therefor. The city or town, with the approval of the governor, is hereby authorized to accept, on behalf of the city or town, the provisions of the federal legislation, and may file written evidence of the acceptance with the federal government. Each such acceptance shall be duly signed by the city or town treasurer and countersigned by the governor.
  2. The treasurer may enter into all necessary contracts and agreements with the federal government, or any agency thereof, necessary or incident to the carrying out of the flood control project or projects and may give assurance that it will hold and save harmless the United States and/or the state from claims for damages arising from construction works, and all the contracts and agreements shall be approved as to form by the attorney general and be signed by the city or town treasurer in behalf of the city or town and in the name of the state by the governor.

History of Section. P.L. 1956, ch. 3662, § 9; G.L. 1956, § 46-2-21 .

46-2-22. Compliance with federal and local rules.

The flood control project or projects shall be carried out and executed in all respects subject to the provisions of the appropriate federal law providing for the project, and the rules and regulations made pursuant thereto, and to such terms, conditions, rules, and regulations, not inconsistent with the federal law, as the city or town may, with the approval of the governor, establish to ensure the proper execution of the project or projects.

History of Section. P.L. 1956, ch. 3662, § 10; G.L. 1956, § 46-2-22 .

46-2-23. Maintenance and operation of works.

After the completion of the project, the city or town shall maintain and operate the flood control works.

History of Section. P.L. 1956, ch. 3662, § 12; G.L. 1956, § 46-2-23 .

46-2-24. Prevention of encroachments.

Each city or town shall prescribe regulations designed to prevent encroachments on the improved channels, and shall enforce the regulations, and shall take such means as may be necessary to prevent any encroachments upon the flood channel and conduit capacities to be provided by the improvements.

History of Section. P.L. 1956, ch. 3662, § 13; G.L. 1956, § 46-2-24 .

46-2-25. Apportionment of costs.

The total cost incurred under § 46-2-12 shall be borne by the city and town which shall have voted to cooperate with the state and the federal government in the flood control project; provided, however, that the state may share in the cost at a rate not to exceed fifty percent (50%) of the cost.

History of Section. P.L. 1956, ch. 3662, § 14; G.L. 1956, § 46-2-25 .

46-2-26. Provisions additional.

Sections 46-2-12 46-2-26 shall be construed to be in addition to and an enlargement of the provisions of §§ 46-2-7 46-2-11 .

History of Section. P.L. 1956, ch. 3662, § 15; G.L. 1956, § 46-2-26 .

Chapter 3 Shore Development

46-3-1. Short title.

This chapter shall be known and may be cited as the “Shore Development Act of 1956”.

History of Section. P.L. 1956, ch. 3837, § 1; G.L. 1956, § 46-3-1 .

Comparative Legislation.

Flood control and beach erosion:

Conn. Gen. Stat. § 25-69 et seq.

46-3-2. Declaration of purpose.

Consistent with the legislative determination and declaration of state policy to protect and promote the health, safety, and welfare of the people as heretofore set forth in this chapter, it is hereby declared to be the intention of the state, by cooperative means providing for the acquisition, by purchase or otherwise, of lands, or any rights, title, interest, or estate in lands in beach areas vulnerable to storm damage, to assist municipalities in arresting, protecting, and preserving the beach areas from erosion and damage by the elements.

History of Section. P.L. 1956, ch. 3837, § 2; G.L. 1956, § 46-3-2 .

46-3-3. “Municipality” defined.

The word “municipality” as used in this chapter means a city or town, as the case may be.

History of Section. P.L. 1956, ch. 3837, § 16; G.L. 1956, § 46-3-3 .

46-3-4. Cooperation with federal government — Prevention of erosion.

The department of environmental management is hereby designated the shore erosion authority of the state for the purpose of cooperating with the beach erosion board of the department of defense, as provided for in 33 U.S.C. § 426. The department of environmental management shall carry out investigations and studies of conditions along the shore line, harbors, rivers, and islands within the territorial waters of the state with a view to devising and projecting economical and effective methods and works for preventing or correcting beach erosion and damage to public and private property resulting therefrom.

History of Section. P.L. 1956, ch. 3837, § 5; G.L. 1956, § 46-3-4 .

46-3-5. Beach areas classed as exposed — Extent of areas.

Open beach areas, including spits, dunes, and barrier beaches that are subject to loss of material through high waves, strong currents, or scouring wave action, or beach areas vulnerable to storm damage because of geographical location, are classed as exposed beach areas within the meaning of this chapter. The limits of those exposed beach areas shall be the extent of the natural topography of the land surface, not necessarily co-extensive with political boundaries, and shall include private and public property upon which public money may be spent and public debt incurred for the protection and conservation thereof, and taxes levied to support expenditures for those purposes.

History of Section. P.L. 1956, ch. 3837, § 4; G.L. 1956, § 46-3-5 .

46-3-6. State payments toward acquisition of exposed beach areas.

To carry out the purposes of this chapter, the state, acting through the department of environmental management, shall provide the payment for two-thirds (2/3) of the cost of acquisition by a municipality of exposed beach areas as defined in § 46-3-5 ; provided, however, that the municipality has filed proper application and preliminary proposal in accordance with the provisions of this chapter on or before July 30, 1957; and provided, further, that each exposed beach area to be so acquired is certified by the department of environmental management to be endangered by erosion and to be in need of beach erosion control measures, and is found by the department of administration to be consistent with other official plans and proposed projects.

History of Section. P.L. 1956, ch. 3837, § 3; G.L. 1956, § 46-3-6 ; R.P.L. 1957, ch. 42, § 1; P.L. 1985, ch. 181, art. 61, § 27.

46-3-7. Designation of exposed areas — Protective works.

For the purpose of promoting the public health, safety, and general welfare, the city council of any city and the town council of any town, hereinafter referred to as the “legislative body,” shall have power in accordance with the provisions of this chapter, to designate the exposed beach areas, or portions thereof, requiring attention, and, subject to provisions set forth in this chapter, may construct or cause to be constructed on any lands or interests acquired pursuant to this chapter, at the expense of the municipality, any protective works designed to prevent loss of beach material and the erosion of exposed beaches, and to assess the cost of the protective works upon the owners of property benefiting from the protective works. For the purposes of this chapter, “protective works” shall include breakwaters, bulkheads, groins, jetties, riprap walls, dunes, filled areas, and other structures or results of construction activities customarily employed to correct, control, or prevent erosion.

History of Section. P.L. 1956, ch. 3837, § 6; G.L. 1956, § 46-3-7 .

46-3-8. Application for state aid.

Upon the determination that any exposed beach area requires attention, the legislative body shall apply for state aid as herein provided for acquiring any land or interest therein needed, and shall request the department of environmental management to make an inspection of the area for the purpose of entering into a cooperative agreement with respect thereto.

History of Section. P.L. 1956, ch. 3837, § 7; G.L. 1956, § 46-3-8 .

46-3-9. Cooperative agreements with municipalities.

  1. Upon the finding that the acquisition of land or interest therein is required for the purpose of this chapter, the department of environmental management shall enter into an agreement with the legislative body to provide for the acquisition of such land or interest as aforesaid in the manner approved for its acquisition and at the price mutually acceptable for its purchase or taking. The agreement shall also set forth the existing or intended use of the exposed beach area to be protected, the scope and method to be employed by the municipality in accomplishing the results desired, and the method and means to be taken by the municipality to finance the cost for its share in acquiring the land and for installing the protective works appropriate for the area. The plans and specifications for the protective works and their construction shall require the approval of the department of environmental management.
  2. The municipality, as a condition precedent to the acquisition of any land to be acquired by the state under the provisions of this chapter shall give satisfactory guaranty to the state that the construction and maintenance of the protective works will be carried out by it as specified in the cooperative agreement.
  3. All contracts and agreements for the purposes of this chapter shall be approved as to form by the attorney general and as to substance by the director of the department of environmental management and the state properties committee.

History of Section. P.L. 1956, ch. 3837, § 7; G.L. 1956, § 46-3-9 .

46-3-10. Condemnation of property.

Whenever it is impossible to reach agreement upon the price to be paid for the purchase of any land or interest therein needed to carry out the purposes of this chapter, or whenever the owner is legally incapacitated or is absent or is unable to convey valid title or is unknown, the department of environmental management is hereby authorized and empowered to acquire by condemnation any properties, notwithstanding whether the properties taken or acquired are or may be devoted to public uses. The condemnation proceedings shall be conducted and the compensation to be paid shall be ascertained and paid pursuant to the provisions of chapter 6 of title 37.

History of Section. P.L. 1956, ch. 3837, § 8; G.L. 1956, § 46-3-10 .

46-3-11. Municipal bonds authorized.

For the purpose of financing the municipality’s share of the cost of acquiring any land or interest therein needed and for defraying the cost of the construction or installation of any structures or facilities approved for the control of beach erosion, the legislative body is authorized and empowered to issue bonds under the corporate name and seal of the municipality, bearing not more than six percent (6%) interest, per annum, payable semiannually, at such times not exceeding the normal expected life of the construction or installation of the kind and sort employed, and for such sum as may be authorized by the vote of the electors not in excess of an aggregate amount of three hundred thousand dollars ($300,000) outstanding at any one time. The bonds shall be obligatory upon the municipality in the same manner and to the same extent as other debts lawfully contracted by the municipality. The provisions of §§ 45-12-2 and 45-12-11 shall not apply to any bonds issued by any municipality under the provisions of this chapter.

History of Section. P.L. 1956, ch. 3837, § 9; G.L. 1956, § 46-3-11 .

46-3-12. Assessments against property benefited authorized.

For the purpose of securing repayment for the construction cost borne by the municipality for any erosion control system installed or for the cost of any land or interest purchased or taken pursuant to this chapter, the legislative body is authorized and empowered to assess any property upon which taxes are now levied that is benefited by the protective works, and to fix the rate of assessments levied thereon. The assessments shall be a lien upon each property or estate so assessed in the same way and manner as other taxes assessed on real estate are liens, and, if not paid as required, shall be collected in the same manner that other taxes assessed on real estate are by law collected.

History of Section. P.L. 1956, ch. 3837, § 10; G.L. 1956, § 46-3-12 .

46-3-13. Property subject to assessment — Costs included.

The legislative body may apportion and assess the part upon the lands and buildings in the municipality which, in its judgment, are especially benefited thereby, whether they abut on the erosion control system or not, and upon the owners of the lands and buildings, subject to the right of appeal. The assessment may include a proportionate share of any expenses incurred in the construction of any erosion control system, such as legal fees, service expenses, interest, and publication costs, and related incidental expenses. The legislative body may divide the total territory to be benefited in each section separately. In assessing benefits against the property in any section, the legislative body may add to the cost of the part of the erosion control system located in the section, a proportionate share of the cost of any part of the system located outside the section which is useful for the operation or effectiveness of that part of the system within the section, and of any of the other items of cost or expenses above enumerated.

History of Section. P.L. 1956, ch. 3837, § 10; G.L. 1956, § 46-3-13 .

46-3-14. Apportionment of assessments.

Whenever any assessment is made as herein provided, the amount to be raised thereby shall be apportioned among the properties benefited according to such rule as the legislative body may adopt; provided that no benefits shall be assessed against any property in excess of the special benefit to accrue to the property. The legislative body may make reasonable allowances when for any reason the particular condition or situation of any property requires the allowance.

History of Section. P.L. 1956, ch. 3837, § 10; G.L. 1956, § 46-3-14 .

46-3-15. Application of assessment proceeds.

The proceeds of the assessments, whether or not pledged for the payment of securities, shall be segregated from other funds of the municipality, and shall be used only to pay for the construction of the erosion control system or particular portion thereof in respect to which the assessments are made or, as the case may be, for the payment of the interest on, or principal of, any securities issued to pay for the system or particular part thereof.

History of Section. P.L. 1956, ch. 3837, § 10; G.L. 1956, § 46-3-15 .

46-3-16. Technical advice — Acquisition and supervision expense.

The department of environmental management is authorized to furnish at the request and expense of the legislative body such technical advice consisting of plans, specifications, surveys, appraisals, cost estimates, engineering, and inspection services as the legislative body may deem advisable. Whenever the legislative body contracts with the state for the acquisition of land or for the supervision and inspection of any construction undertaken by it, the expenses thereof shall be deemed part of the cost of the construction or land acquisition.

History of Section. P.L. 1956, ch. 3837, § 11; G.L. 1956, § 46-3-16 .

Cross References.

Expenses and employment of personnel, § 46-1-4 .

46-3-17. Title to land acquired — Municipal contributions.

  1. Whenever any land is purchased or otherwise acquired pursuant to the provisions of this chapter, title to the land shall be taken in the name of the state of Rhode Island and payment therefor shall be made in the first instance by the state from the appropriation provided. At the time the payment is due and payable the municipality for which the land is acquired shall pay to the state its proportionate share of the cost as set forth in § 46-3-6 . All moneys so paid to the state by any municipality for the purposes of this chapter shall be received by the general treasurer and by the treasurer deposited in a special fund. All moneys in the special fund shall be expended for the purposes of defraying the cost of land acquisition under the direction and supervision of the director of the department of environmental management with the approval of the governor, and the director is vested hereby with all powers and authority necessary or incident to the purposes of this chapter.
  2. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment out of the fund of such sum or sums as may be required from time to time upon receipt by the controller of proper vouchers approved by the director of administration.

History of Section. P.L. 1956, ch. 3837, § 12; G.L. 1956, § 46-3-17 .

46-3-18. Transfer of land to municipality.

  1. Title to any land or interest therein purchased or acquired for carrying out the purposes of this chapter shall vest in the municipality for which it is acquired upon transfer of title from the state as the acquiring authority hereunder.
  2. The transfer of title by the state and the acceptance by the municipality of any exposed beach area acquired under authority of this chapter shall hereby be expressly deemed to dedicate the property henceforth to the public use; and, subject to such stipulations as may pertain to access to and use of the land, all regulations in respect thereto shall apply alike to the citizens of the municipality and to the citizens of the state.

History of Section. P.L. 1956, ch. 3837, § 13; G.L. 1956, § 46-3-18 .

46-3-19. Cost of construction — Federal assistance.

In the event that the federal government shall make available any funds for all or part of the construction of protective works, as defined in § 46-3-7 , the remaining portion of the cost therefor not fully covered by the federal funds may be borne by the city or town and the state; provided, however, that the state’s share shall not exceed one-third (1/3) of the total cost for the construction for the city or town; and, provided, further, however, that in no event shall the construction commence until the city or town has appropriated and made available the funds required by the city or town for those purposes, and in that event the city or town may assess the cost thereof as provided in § 46-3-7 .

History of Section. G.L. 1956, § 46-3-19 ; P.L. 1958, ch. 156, § 1.

46-3-20. Authority of director — Federal assistance.

  1. The director of the department of environmental management shall have full and complete authority to act as the public agency of the state, to cooperate with and assist the federal government in all matters relating to the construction of protective works in the event that the federal government shall make any federal funds or federal assistance therefor. The chief or any subordinate designated by the chief, may act as the agent of the federal government in accordance with the requirements of the provisions of any federal legislation relating to federal assistance.
  2. The director, with the approval of the governor, is hereby authorized to accept, on behalf of the state, the provisions of the federal legislation, and may file written evidence of each acceptance with the federal government. Each acceptance shall be duly signed by the director.
  3. The director may enter into all necessary contracts and agreements with the federal government, or any agency thereof, necessary or incident to the construction of protective works, and all contracts and agreements shall be signed in the name of the state by the director of the department of environmental management, and in that event the construction shall be carried out and executed in all respects subject to the provisions of the appropriate federal law, and the rules and regulations made pursuant thereto, and to such terms, conditions, rules, and regulations, not inconsistent with federal law, rules, and regulations, as the director of the department of environmental management may establish with respect to the construction.
  4. All money paid to the state by the federal government for the purpose of construction of protective works, shall be received by the general treasurer and deposited by the treasurer in a separate fund; and the state controller is authorized and directed to draw his or her orders on the general treasurer for the payment thereof, or so much thereof as may be required from time to time for such purposes, upon the receipt by the treasurer of proper vouchers signed by the director of the department of environmental management.

History of Section. G.L. 1956, § 46-3-20 ; P.L. 1958, ch. 156, § 1.

Chapter 4 Harbors and Harbor Lines

46-4-1. Platting and establishment of harbor lines — Hearing.

The director of the department of environmental management may mark out harbor lines suitable to be established in any of the public tidewaters of the state, where the harbor lines have not already been established, and after the harbor lines shall have been platted may report that to the governor and senate for their approval; and when the harbor lines shall have been approved by the governor and senate or as the harbor lines shall be modified and approved thereby, the harbor lines shall be confirmed and established; but before any harbor line shall be marked out or platted by the director of the department of environmental management, the director shall appoint a time and place for hearing all persons interested therein, and shall give notice of the hearing by publishing the notice for at least thirty (30) days in the newspaper which the director may determine will probably give the most publicity of the notice among the persons most likely to be interested therein, and at the time and place appointed, or at such adjournment of the hearing as the director shall make, the director shall hear all persons interested for or against the establishment of the harbor line, who may appear to be heard therein before the department shall proceed to mark out the harbor line.

History of Section. G.L. 1896, ch. 118, § 9; G.L. 1909, ch. 144, § 9; G.L. 1923, ch. 149, § 8; G.L. 1938, ch. 112, § 8; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-4-1 .

Cross References.

Boundary line near harbor line, determination, § 34-9-1 et seq.

Expenses and employment of personnel, § 46-1-4 .

Private wharves and piers, approval, § 46-6-2 .

Comparative Legislation.

Harbor lines:

Mass. Ann. Laws ch. 91, § 34.

Harbor masters:

Conn. Gen. Stat. § 15-1 et seq.

Mass. Ann. Laws ch. 102, § 19 et seq.

NOTES TO DECISIONS

Constitutionality.

The establishment of a harbor line by harbor commissioners, if properly run, did not deprive a reparian proprietor of access to his lands but merely determined a line to which he could fill without encroaching on public rights, and the act of the harbor commissioners was not unconstitutional and void. Sherman v. Sherman, 18 R.I. 504 , 30 A. 459, 1894 R.I. LEXIS 65 (1894).

46-4-2. City and town control of harbors — Harbormasters — Extension of Providence jurisdiction.

  1. The council of any city or town is hereby authorized and empowered to appoint a harbormaster for the harbors within the confines of the city or town, and to ordain and establish such bylaws and ordinances and establish such fees and compensation as the city council or town council may deem necessary and expedient for carrying out the provisions of this section; provided, that the jurisdiction, powers, and duties of the harbormaster of the city of Providence shall include all the public waters westerly of the easterly sides of the ship channels in Seekonk River, Providence River and Harbor and Narragansett Bay from the Pawtucket-Providence city line southerly to the point of intersection of the ship-channel side with a straight line drawn from Rumstick Point on the east shore to Rocky Point on the west shore, excluding that area subject to jurisdiction of the city of Cranston, pursuant to the provisions of § 46-4-5.1 , and all acts of the general assembly and ordinances of the city of Providence, now or hereafter passed, relative to the harbor of the city of Providence, shall apply to and be in force relative to the public waters.
  2. The council of the town of Little Compton is hereby authorized and empowered to enact ordinances to regulate or ban the setting of lobster pots, fish nets, or cribs, within the harbor at Little Compton to prevent interference with the use of moorings or navigation therein; provided, further, that all harbormasters shall receive education and training in first aid and CPR from any entity which is authorized or licensed to conduct the training or education; provided, further, that all harbormasters shall attend The Rhode Island Harbormaster Training Academy.

History of Section. P.L. 1903, ch. 1121, § 1; G.L. 1909, ch. 144, § 28; G.L. 1923, ch. 149, § 27; P.L. 1928, ch. 1206, § 1; G.L. 1938, ch. 112, § 26; G.L. 1956, § 46-4-2 ; P.L. 1959, ch. 94, § 1; P.L. 1969, ch. 100, § 1; P.L. 1990, ch. 175, § 1; P.L. 1990, ch. 447, § 1; P.L. 1999, ch. 346, § 1; P.L. 2005, ch. 325, § 1; P.L. 2005, ch. 350, § 1; P.L. 2007, ch. 340, § 38.

Cross References.

Counties, jurisdiction, § 42-3-6 .

46-4-3. Town regulation of speed of vessels — Control of anchorages.

In addition to any authority and powers conferred upon the town council of any town by authority of § 46-4-2 , authority shall also be granted to the town councils of the towns of Barrington, Little Compton, and Warren to regulate by ordinance the speed, management, and control of all vessels on the public waters within the confines of those towns and to regulate the size, type, location, and use of all anchorages and moorings within the waters or harbors of the towns of Barrington, Little Compton, and Warren.

History of Section. R.P.L. 1957, ch. 139, § 1.

46-4-4. Penalties for violation of town ordinances.

The town councils of the towns of Barrington, Little Compton, and Warren may impose penalties for the violation of ordinances and regulations, not exceeding in amount twenty dollars ($20.00) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the towns; provided, however, the penalties are not repugnant to the laws of this state or of the United States.

History of Section. R.P.L. 1957, ch. 139, § 2.

46-4-5. East Providence harbor lines — Jurisdiction.

The jurisdiction of the city of East Providence shall include all of the public waters easterly of the easterly sides of the ship channels in the Seekonk River, Providence River and Harbor, and Narragansett Bay from the Pawtucket-East Providence city line southerly to the point of intersection of those ship channel sides with a straight line drawn from Gaspee Point on the west shore to Nayatt Point on the east shore; and all of the public waters on the northerly side of a line running sixty-five degrees (65 degrees) true from the intersection formed by the straight line drawn from Gaspee Point to Nayatt Point and the ship channel side to the point of intersection with the East Providence-Barrington boundary line; and all of the public waters, westerly and northerly, in Bullock Cove, of the East Providence-Barrington boundary line to the point of in intersection of the boundary line and the mean high water line.

History of Section. P.L. 1962, ch. 236, § 1.

46-4-5.1. Cranston harbor lines — Jurisdiction.

The jurisdiction of the city of Cranston shall include all of the public waters westerly of the westerly sides of the ship channels in the Providence River and harbor from the Providence-Cranston city line southerly to the Cranston-Warwick city line.

History of Section. P.L. 1990, ch. 446, § 1.

46-4-6. East Providence harbormaster — Authority.

In addition to any authority and powers conferred upon any city or town council under this title, the city council of East Providence is hereby authorized to appoint a harbormaster, and by ordinance grant such authority as the city council may deem necessary to the harbormaster for the enforcement and supervision of any rules and regulations governing the public waters within its jurisdiction.

History of Section. P.L. 1962, ch. 236, § 2.

46-4-6.1. Town of Barrington — Powers conferred.

The provision of § 46-22-14 or any other provisions of the general laws notwithstanding and in addition to any authority and powers conferred upon the town council of the town of Barrington authority shall also be granted to the town council of the town of Barrington to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town.

History of Section. P.L. 1965, ch. 28, § 1.

46-4-6.2. Town of Bristol — Powers conferred.

  1. The provisions of § 46-22-14 or any other provisions of the general laws notwithstanding and in addition to any authority and powers conferred upon the town council of the town of Bristol, authority shall also be granted to the town council of the town of Bristol to enact ordinances as the town council may deem necessary or desirable for the enforcement and supervision of any rules and regulations established by the town council governing the public waters and harbors within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorages within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to regulate waterskiing upon any of the public waters; to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained; to assign moorings; to remove moorings; to collect fees for the use of moorings; to provide for minimum mooring specifications; to provide for inspection of moorings; to provide regulations for houseboats that are not self-propelled; to provide regulations for regattas, races, marine parades, tournaments, and exhibitions; and to provide for the removal of wrecks or derelict or abandoned boats or docks; to provide for the regulation of skin diving and scuba diving; and to impose penalties for violation of the ordinances not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction for any one offense and the fines to be recovered to the use of the town.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title, as amended.

History of Section. P.L. 1965, ch. 73, § 1; P.L. 1986, ch. 292, §§ 1, 2; P.L. 1986, ch. 340, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.3. Town of South Kingstown — Powers conferred.

The provisions of § 46-22-14 , or any other provisions of the general laws notwithstanding and in addition to any authority and powers conferred upon the town council of the town of South Kingstown, authority shall also be granted to the town council of the town of South Kingstown to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town.

History of Section. P.L. 1974, ch. 73, § 1.

46-4-6.4. Town of North Kingstown — Powers conferred.

  1. The provisions of § 46-22-14 , or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of North Kingstown authority shall also be granted to the town council of the town of North Kingstown to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin diving, and scuba diving, to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.

History of Section. P.L. 1974, ch. 130, § 1; P.L. 1978, ch. 320, § 1; P.L. 1985, ch. 234, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.5. Town of Tiverton — Powers conferred.

  1. The provisions of § 46-22-14 or any other provisions of the general laws notwithstanding and in addition to any authority and powers conferred upon the town council of the town of Tiverton, authority shall also be granted to the town council of the town of Tiverton to authorize for the appointment of a harbor commission and by ordinance grant such authority as the town council may deem necessary or desirable to the harbor commission for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorages within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to regulate waterskiing upon any of the public waters; to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained; to assign moorings; to remove moorings; to collect fees for the use of moorings; to provide for minimum mooring specifications; to provide for inspection of moorings; to provide regulations for houseboats that are not self-propelled; to provide regulations for regattas, races, marine parades, tournaments, and exhibitions; to provide for the removal of wrecks or derelict or abandoned boats or docks; to provide for the regulation of skin diving, and scuba diving; and to impose penalties for violation of the ordinances not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction for any one offense and the fines to be recovered to the use of the town.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title, as amended.

History of Section. P.L. 1977, ch. 36, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.6. Town of Newport — Powers conferred.

The provisions of § 46-22-14 , or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the city council of the city of Newport, authority shall also be granted to the city council of the city of Newport to authorize for the appointment of a harbor coordinator and by ordinance grant such authority as the city council may deem necessary to the harbor coordinator for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorings, within the public waters within the confines of the city including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to designate upon a map of the public waters within the city the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelicts or abandoned boats or docks, and to impose penalties for violators of the ordinances, not to exceed in amount three hundred dollars ($300) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the city.

History of Section. P.L. 1977, ch. 249, § 1; P.L. 1989, ch. 445, § 1.

46-4-6.7. Town of Little Compton — Powers conferred.

  1. The provisions of § 46-22-14 , or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of Little Compton, authority shall also be granted to the town council of the town of Little Compton to enact ordinances as the town council may deem necessary or desirable for the enforcement of any rules and regulations established by the town council governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels and objects and the size, type, location, and use of all anchorages and moorages within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to regulate waterskiing upon any of the public waters; to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained; to assign moorings; to remove moorings; to collect fees for the use of moorings, the fees to be recovered for use by the town of Little Compton; to provide for minimum mooring specifications, to provide for inspection of moorings; to provide regulations for houseboats that are not self-propelled; to regulate the location and placement of lobster pots, fish traps, and other fishing gear; to provide regulations for regattas, races, marine parades, tournaments, and exhibitions; to provide for the removal of wrecks and derelicts or abandoned boats or docks; to provide for the regulation of skin diving and scuba diving; to prevent littering and pollution of its public waters; and to impose penalties for violation of the ordinances not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction for any one offense and the fines to be recovered to the use of the town.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.

History of Section. P.L. 1978, ch. 29, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.8. Town of Narragansett — Powers conferred.

  1. The provisions of § 46-22-14 or any other provisions of the general laws notwithstanding and in addition to any authority and powers conferred upon the town council of the town of Narragansett, authority shall also be granted to the town council of the town of Narragansett to authorize the appointment of a harbormaster, assistant harbormasters, and a Harbor Management Committee and to enact such ordinances as the town council may deem necessary or desirable for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing of any of the public waters, to provide for the regulation of skin diving, and scuba diving, to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelicts or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days for any one offense, the fines to be recovered to the use of the town. The town council shall also have the authority to recover the cost of removing any wreck or derelicts or abandoned boats or docks from the owner or persons responsible for the wrecks, derelicts, abandoned boats, or docks by suit in either the district court or the superior court of Washington County.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.

History of Section. P.L. 1978, ch. 268, § 1; P.L. 1993, ch. 162, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.9. Town of Jamestown — Powers conferred.

  1. The provisions of § 46-22-14 , or any other provisions notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of Jamestown, authority shall also be granted to the town council of the town of Jamestown to enact ordinances as the town council may deem necessary or desirable for the enforcement and supervision of any rules and regulations established by the town council governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorages within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to regulate waterskiing upon any of the public waters; to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained; to assign moorings; to remove moorings; to collect fees for the use of moorings; to provide for minimum mooring specifications; to provide for inspection of moorings; to provide regulations for houseboats that are not self-propelled; to provide regulations for regattas, races, marine parades, tournaments, and exhibitions; to provide for the removal of wrecks or derelict or abandoned boats or docks; to provide for the regulation of skin diving and scuba diving; and to impose penalties for violation of the ordinances not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction for any one offense and the fines to be recovered to the use of the town.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title, as amended.

History of Section. P.L. 1983, ch. 258, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.10. Town of New Shoreham — Powers conferred.

  1. The provisions of § 46-22-14 , or any other provisions of the general laws notwithstanding, and in addition to any authority or powers conferred upon the town council of the town of New Shoreham authority shall also be granted to the town council of the town of New Shoreham to authorize it for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels, and the size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any public waters, to designate upon a map of the public waters within the town, the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to collect a fee for the use of moorings, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelicts or abandoned boats or docks, and to impose penalties for violators of the ordinances, not to exceed in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town. The town council shall also have the authority to recover the cost of removing any wreck or derelicts or abandoned boats or docks from the owner or persons responsible for the wrecks, derelicts, abandoned boats, or docks by suit in either the district court or the superior court of Washington County.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title, as amended.

History of Section. P.L. 1984, ch. 375, § 1.

46-4-6.11. Town of Charlestown — Powers conferred.

  1. In addition to any authority or powers conferred upon the town council of the town of Charlestown, authority shall also be granted to the town council of the town of Charlestown to authorize it for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels, and the size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any said public waters, to designate upon a map of the public waters within the town, the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to collect a fee for the use of moorings, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelicts or abandoned boats, and to impose penalties for violators of the ordinances, not to exceed in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town. The town council shall also have the authority to recover the cost of removing any wreck or derelicts or abandoned boats from the owner or persons responsible for the wrecks, derelicts, or abandoned boats by suit in either the district court or the superior court of Washington County.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title, as amended.

History of Section. P.L. 1985, ch. 232, § 1.

46-4-6.12. Town of Middletown — Powers conferred.

  1. The provisions of § 46-22-14 , or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of Middletown, authority shall also be granted to the town council of the town of Middletown to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind and power, and the number, size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin diving and scuba diving, to designate upon a map of the public waters within the towns the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of said town.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.

History of Section. P.L. 1986, ch. 356, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.13. Town of Portsmouth — Powers conferred.

  1. The provisions of § 46-22-14 or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of Portsmouth authority shall also be granted to the town council of the town of Portsmouth to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind and power, and the number, size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin diving and scuba diving, to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title and, further, the provisions of this section shall not affect the location or assignment of any moorings existing on June 27, 1986, except that those deemed by the harbormaster to be located at an unacceptable site shall be moved should he or she so order.

History of Section. P.L. 1986, ch. 462, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.14. Town of East Greenwich — Powers conferred.

  1. The provisions of § 46-22-14 , or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of East Greenwich, authority shall also be granted to the town council of the town of East Greenwich to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind and power, and the number, size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skindiving and scubadiving, to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.

History of Section. P.L. 1987, ch. 201, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.15. Town of Cranston — Powers conferred.

  1. The provisions of § 46-22-14 , or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the city council of the city of Cranston, authority shall also be granted to the city council of the city of Cranston to authorize for the appointment of a harbormaster and by ordinance grant such authority as the said city council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management and control of all vessels, both wind and power, and the number, size, type, location and use of all anchorages and moorings within the public waters within the confines of the city including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin diving and scuba diving, to designate upon a map of the public waters within the city the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in an amount of one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the city.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.

History of Section. P.L. 1990, ch. 140, § 1; P.L. 1990, ch. 290, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.16. Town of Warren — Powers conferred.

  1. The provision of § 46-22-14 or any other provisions of the general laws notwithstanding and in addition to any authority and powers conferred upon the town council of the town of Warren, authority shall also be granted to the town council of the town of Warren to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind and power, and the number, size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin diving and scuba diving, to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of said town.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.

History of Section. P.L. 1998, ch. 355, § 1; P.L. 2007, ch. 340, § 38.

46-4-6.17. Town of Westerly — Powers conferred.

  1. The provisions of § 46-22-14 , or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of Westerly, authority shall also be granted to the town council of the town of Westerly to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind and power, and the number, size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit water-skiing on any of the public waters, to provide for the regulation of skin diving and scuba diving, to designate upon a map of the public waters within the towns the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of said town.
  2. No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.

History of Section. P.L. 1998, ch. 23, § 1; P.L. 1998, ch. 210, § 1; P.L. 2007, ch. 340, § 38.

46-4-7. Town of East Providence — Powers conferred.

In addition to any authority and powers conferred upon city or town councils by this title, the city council of East Providence is hereby further authorized to regulate by ordinance speed limits, management, and control of all vessels on the public waters within the jurisdiction of the city, the size, type, location, and use of all anchorages and moorings, fix permit fees for anchorages and moorings, and to provide penalties, in accordance with the provisions of § 46-4-4 , for the violation of any of the provisions of the ordinances pertaining thereto.

History of Section. P.L. 1962, ch. 236, § 3.

46-4-8. Authority reserved to the state director of the department of environmental management.

The provisions of §§ 46-4-5 46-4-7 shall not supersede the authority and jurisdiction over the public tidewaters of this state which are vested in the state director of the department of environmental management under this title.

History of Section. P.L. 1962, ch. 236, § 3.

Chapter 5 Construction of Port Facilities

46-5-1. Power to acquire land along tidewater.

The department of environmental management is authorized to acquire in fee simple from the state as authorized in § 46-5-1.1 or in the name of the state for the use and benefit of the public, by purchase or condemnation or by lease from time to time, any portion of real property, tide-flowed lands, plats, terms, easements, privileges, foreshore, riparian, and littoral rights of the owner or owners of them, bordering on tidewater in the state and as much of the uplands adjacent to the tide lands as the director of the department of environmental management deems expedient.

History of Section. P.L. 1910, ch. 568, § 4; P.L. 1910, ch. 643, § 1; G.L. 1923, ch. 149, § 28; G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-1 ; P.L. 2000, ch. 314, § 1.

Compiler’s Notes.

P.L. 2000, ch. 314, § 5, provides: “This act shall take effect upon passage [July 18, 2000], and all harbor lines and all special acts relating to the authority or capacity to fill tidelands previously established by the state, or any state or municipal entity, to the extent not heretofore repealed, are hereby abolished, and all acts or parts of acts to the contrary or inconsistent herewith are hereby repealed. Nothing herein shall be construed to signify that any harbor line or special acts created any private rights.”

Comparative Legislation.

Construction and improvement of facilities:

Conn. Gen. Stat. § 15-7.

Mass. Ann. Laws ch. 91, § 31.

46-5-1.1. Permission to conduct filling activity distinguished from grants of rights and property interest in the filled area.

  1. It is the policy of the state of Rhode Island that the state’s permission to fill tidelands is separate and distinct from the state’s granting of a right, title, or interest in and to the resulting filled area. Furthermore, it is the policy of the state of Rhode Island that the state permission to use tidal lands is separate and distinct from the state’s conveyance of its fee title estate, or any real estate interest, in the tidal lands. Any title to a free hold estate may be conveyed only by a valid legislative grant for public trust purposes by direct enactment of the general assembly as specified in this chapter. Moreover, any leasehold interest or license to use those lands may only arise under the authority of the general assembly whether exercised by the general assembly itself or exercised pursuant to a valid delegation to a duly authorized instrumentality of the state. Any state permission to use tidal lands belonging to the state shall be deemed to create only a revocable license interest unless a greater interest is clearly intended by the permission and the requirements of this chapter for the creation of that greater interest are met.
  2. It is intended that there shall be no acquiring of any right or title whatsoever to these public lands by adverse possession or by a acquiescence of the sovereign. It is further intended that there shall be no acquiring of any right or title to any freehold estate to these public lands by any permit or approval to conduct fill activity, however denominated or manifested, or by any other means, including through the leasing and licensing of these public lands, except solely by grant and enactment of the general assembly as provided in this chapter for a use that benefits the public under the public trust doctrine. Without impairing any right, title, or interest that may have previously vested, any placement of fill to a harbor line or other filling of tidal lands, which has not been commenced and completed as of the date of the enactment of this section [July 18, 2000], shall not be effective as conveying the state’s title nor as a limitation on the public trust.
  3. Nothing in this section shall be construed to limit, impair, increase, or add to the ownership rights or title in any filled lands which vested prior to the enactment of this section [July 18, 2000].

History of Section. P.L. 2000, ch. 314, § 2; P.L. 2007, ch. 340, § 39.

Compiler’s Notes.

P.L. 2000, ch. 314, § 5, provides: “This act shall take effect upon passage [July 18, 2000], and all harbor lines and all special acts relating to the authority or capacity to fill tidelands previously established by the state, or any state or municipal entity, to the extent not heretofore repealed, are hereby abolished, and all acts or parts of acts to the contrary or inconsistent herewith are hereby repealed. Nothing herein shall be construed to signify that any harbor line or special acts created any private rights.”

46-5-1.2. State ownership of tidal lands — Grants of title by the General Assembly — Approval to fill required — General Assembly to set policy — Harborlines repealed.

  1. The state of Rhode Island, pursuant to the public trust doctrine long recognized in federal and Rhode Island state case law, and to Article 1, § 17 of the Constitution of Rhode Island as originally adopted and as subsequently amended, has historically maintained title in fee simple to all soil within its boundaries that lies below the high water mark and to any land resulting from any filling of any tidal area, except those portions of tidal lands or filled tidal lands in respect to which the state has formally granted title in fee simple to private individuals or to which title has been otherwise acquired by private individuals by judicially recognized mechanisms prior to the effective date of this section [July 18, 2000]. Subsequent to the effective date of this section [July 18, 2000], no title to any freehold estate in any tidal land or filled land can be acquired by any private individual unless it is formally conveyed by explicit grant of the state by the general assembly for public trust purposes.
  2. Subsequent to the effective date of this section [July 18, 2000], no lease of any tidal land or filled land, and no license to use any of that land, can be acquired by any private individual or entity unless the lease or license has been specifically approved for public trust purposes by the general assembly itself or under the specific authority of the general assembly such as, but not limited to, the delegation of authority under chapter 23 of this title.
  3. No filling or dredging operation commenced or continued subsequent to the effective date of this section [July 18, 2000] on tidal lands, whether or not title to the tidal land is held by the state pursuant to this section, may be conducted unless the individual or entity conducting the operation obtains and satisfies all appropriate and applicable regulatory authorizations and approvals. Therefore, nothing in this chapter shall be construed to limit or impair the authority of the state, or any duly established agency of the state, to regulate filling or dredging affecting tidal lands.
    1. The general assembly, by its enactments, establishes the policies for the preservation and, in particular, for the use of natural resources of the state which are held in public trust by the state, as provided in Article 1, § 17 of the Rhode Island Constitution and in this chapter. The general assembly has the responsibility and the sole authority to arrive at, and define, by its enactment, a policy balance between or among the competing proposed uses or developments for tidal lands and the respective competing assertions concerning the public interests in those lands, and that determination shall be deemed to be, and be accepted as, the authoritative definition of the public interest in relation to the preservation and use of tidal lands.
    2. Nothing in this section shall be deemed to repeal or limit any duly enacted delegation of regulatory or adjudicatory authority to any administrative agency of the state when exercised within statutory authority.
  4. Any prior enactment which creates a harborline is, to that extent, hereby repealed and all harborlines are abolished, except that nothing in this section shall destroy or impair any rights in previously filled land which may have already vested prior to the date of this enactment [July 18, 2000].

History of Section. P.L. 2000, ch. 314, § 2.

Compiler’s Notes.

P.L. 2000, ch. 314, § 4, provides that if any provision of that act or the application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of that act, which can be given effect without the invalid provision or application, and to that end the provisions of that act are declared to be severable.

P.L. 2000, ch. 314, § 5, provides: “This act shall take effect upon passage [July 18, 2000], and all harbor lines and all special acts relating to the authority or capacity to fill tidelands previously established by the state, or any state or municipal entity, to the extent not heretofore repealed, are hereby abolished, and all acts or parts of acts to the contrary or inconsistent herewith are hereby repealed. Nothing herein shall be construed to signify that any harbor line or special acts created any private rights.”

Law Reviews.

Sean Lyness, Article: A Doctrine Untethered: “Passage Along the Shore” Under the Rhode Island Public Trust Doctrine, 26 Roger Williams U. L. Rev. 671 (2021).

46-5-2. Filing of description, plat, and statement as to land to be condemned.

Whenever the department of environmental management has decided to take by condemnation such land or any estate or interest in land, and the phrase “such land” as used in §§ 46-5-2 46-5-8 shall be deemed to describe and apply to whatever land or estate or interest in land is condemned hereunder, the department of environmental management shall cause to be filed in the records of land evidence of the city or town where such land is situated a description and plat of such land and also a statement that such land is taken pursuant to the provisions of this chapter, which description, plat, and statement shall be signed by the director of the department of environmental management.

History of Section. G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-2 .

46-5-3. Vesting of title to land taken.

Upon the filing of the description, plat, and statement, the title to and immediate right of possession of such land shall vest in the state of Rhode Island in fee simple unless a lesser estate or interest therein is specified in the statement as taken by the department of environmental management, in which last case, title to and right of possession of such land shall vest in the state to the extent and according to the nature of the title therein taken.

History of Section. G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-3 .

46-5-4. Service and publication of notice of taking of land.

After the filing of the description, plat, and statement, notice of the taking of such land shall be served upon the owner of or persons having an estate and interest in such land by the sheriff or any deputy sheriff for the county in which such land is situated by leaving a true and attested copy of the description and statement with each of the owners or persons personally, or at his or her last usual place of abode in this state with some person living there, and in case any such owner or person is absent from the state and has no last or usual place of abode therein occupied by any person, a copy shall be left with the persons, if any, in charge of or having possession of such land of the absent owner or person, and another copy thereof shall be mailed to the address of the absent owner or person if the address is known to the officer, and after the filing of the description, plat, and statement, the department of environmental management shall cause a copy of the description and statement to be published in some newspaper or newspapers published or having general circulation in the county where such land is located at least once a week for three (3) successive weeks.

History of Section. G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-4 .

46-5-5. Payment of agreed price.

If any party shall agree with the department of environmental management to the price for his or her estate or interest in any such land, that price shall be paid to him or her forthwith out of the funds appropriated and available thereof.

History of Section. P.L. 1910, ch. 568, § 4; P.L. 1910, ch. 643, § 1; G.L. 1923, ch. 149, § 28; G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-5 .

46-5-6. Jury assessment of damages — Consolidation of claims for trial.

Any owner or person who cannot agree with the department of environmental management to the price for his or her estate or interest in any such land may, within six (6) months after personal notice of the taking, or if he or she has had no personal notice, within one year from the filing of the description, plat, and statement, apply by petition to the superior court for one of the counties in which the land is located, setting forth the taking of his or her land or his or her estate or interest in such land and praying for an assessment of damages by a jury. Upon the filing of the petition, the court shall cause twenty (20) days’ notice of the pendency thereof to be given to the department of environmental management by serving its director with a certified copy thereof, and, thereafterwards, the cause shall be conducted as other civil actions of law are tried including the right to except rulings, to move for a new trial and prosecute an appeal, and, upon recovery of final judgment therein, execution shall be issued therefor and shall forthwith be paid by the general treasurer out of the funds appropriated and available therefor, but the verdict and the judgment entered thereon shall not include any item of interest for any period during which such land is actually occupied or enjoyed by the owner or owners thereof. In case two (2) or more petitioners make claim to the same land or to any estate or interest therein or to different estates or interests in the same parcel of land, the court shall, upon motion, consolidate their several petitions for trial and frame all necessary issues therefor.

History of Section. G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-6 .

46-5-7. Late filing of petition for jury trial.

The court may, in its discretion, permit the filing of the petition subsequent to one year from the filing of the description, plat, and statement, unless the petitioner therein has had actual notice of the taking of the land in which the petitioner claims an interest in season to have filed his or her petition within the year, and unless the state has then paid some other person for the estate or interest or become liable to pay for the estate or interest under a judgment rendered against the state under the provisions of this chapter.

History of Section. G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-7 .

46-5-8. Representation of infants and incompetents.

If any infant or person not capable by law to act in his or her own behalf by the owner of any estate or interest in any land so taken, the court, upon the filing therein of a petition by or in behalf of the infant or other person, may appoint a guardian ad litem for the infant or other person, and the guardian may appear and be heard in behalf of the infant or other person; and the guardian may also, with the advice and consent of the court, and upon such terms as the court may prescribe, release to the state all claims for damages for and to the estate or interest in the land. Any lawfully appointed, qualified, and acting guardian of the estate of any infant or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of land within this state of the infant or other person, may, before the filing of the petition, agree with the department of environmental management upon the amount of damages suffered by the infant or other person by any taking hereunder of his or her land or any estate or interest in his or her land, and may, upon receiving that amount, release to the state all claims of damages of the infant or the other person for the taking.

History of Section. G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-8 .

46-5-9. Construction of port facilities — Rates for services.

The director of the department of environmental management may, after the acquirement by the state of any property, tide-flowed lands, flats, terms, easements, privileges, littoral, and riparian rights of any owner or owners, either by purchase or by process of law, proceed to fill, improve, reclaim, and use any or all of the lands, may build and construct wharves, piers, bulkheads, slips, docks, and basins, and dredge, improve, and deepen the channels and approaches thereto, and for these purposes may request the division of purchases to make contracts for the filling and improvement of the property and lands and for the construction of the wharves, piers, bulkheads, slips, docks, and basins, and may, from time to time, employ such persons as may be necessary in the work of filling and improving the property and land, and the construction, repair, and maintenance of the improvements and structure thereof, and when any wharves, piers, bulkheads, slips, docks, and basins shall have been completed by the director under the provisions of this chapter and shall be open to the public use, the director may establish, publish, and regulate the rates and charges for the wharfage, cranage, and dockage of all vessels admitted thereto, and may alter such rates and charges from time to time as the necessities of trade shall require and authorize, and as to the director may seem proper.

History of Section. P.L. 1910, ch. 568, § 7; G.L. 1923, ch. 149, § 29; G.L. 1938, ch. 112, § 28; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-9 .

Cross References.

Expenses and employment of personnel, § 46-1-4 .

46-5-10. Lease of facilities.

The director may from time to time, in the name of the state of Rhode Island, lease any property, whether improved or unimproved, acquired by purchase or by the process of law, and storage facilities, wharves, piers, bulkheads, docks, sheds, warehouses, and industrial locations within the director’s charge, for such term or terms not exceeding twenty (20) years, except for the port of Galilee, in which property may be leased for a term of up to forty (40) years and for any rent and with such provisions and covenants as to the director shall seem to be advantageous to the state.

History of Section. P.L. 1910, ch. 568, § 8; P.L. 1912, ch. 810, § 1; G.L. 1923, ch. 149, § 30; G.L. 1938, ch. 112, § 29; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-10 ; P.L. 1979, ch. 251, § 2; P.L. 2001, ch. 39, § 1.

46-5-11. Control and management of public facilities.

The director shall retain under his or her own control and management and in his or her own possession, for use by the public for the transient needs and purposes of such vessels as shall from time to time come to the port of Providence, a portion of the property, wharves, piers, and docks sufficient for the transient needs and purposes of the vessels so coming to the port of Providence.

History of Section. P.L. 1910, ch. 568, § 9; G.L. 1923, ch. 149, § 31; G.L. 1938, ch. 112, § 30; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-11 .

Cross References.

Carriers, certification, §§ 39-3-3 , 39-3-4 .

46-5-12. Rules and regulations — Penalty for violation.

  1. The director shall establish and enforce such proper rules and regulations for the government and proper care of all the property acquired under this chapter, whether improved or unimproved, as the director shall deem best, and shall furnish a copy of the rules and regulations to all persons using or occupying the land, property, or any portion thereof, and shall make all needful orders necessary to carry out the provisions of this chapter, and shall fix penalties for disobeying the rules, regulations, or orders, and shall also file in his or her office a copy of all rules, regulations, and orders adopted by the director.
  2. Any person who shall violate any rule, regulation, or order of the department, a copy thereof shall have been theretofore filed in the office of the director of the department of environmental management, shall, upon conviction thereof, be fined not exceeding five hundred dollars ($500), or imprisoned not exceeding thirty (30) days, or both, in the discretion of the court.

History of Section. P.L. 1910, ch. 568, § 10; G.L. 1923, ch. 149, § 32; G.L. 1938, ch. 112, § 31; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-12 ; P.L. 2007, ch. 340, § 39.

46-5-13. Disposition of revenues.

All moneys paid for the wharfage, cranage, or dockage of vessels, all rents and other moneys paid to the state, from whatever source, on account of the use of any of the property, improved or unimproved, acquired in the name of and on behalf of the state by the department, shall be paid to the general treasurer by the director.

History of Section. P.L. 1910, ch. 568, § 11; G.L. 1923, ch. 149, § 33; G.L. 1938, ch. 112, § 32; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-13 .

46-5-14. Operation of facilities for public use.

When any of the wharves, piers, bulkheads, slips, docks, basins, and other property, or any part thereof built, constructed, improved, or acquired by the department, shall have been completed and shall be ready for use, the director may, in his or her discretion, open the wharves, piers, bulkheads, slips, docks, basins, and other property, or any part thereof, to public use, and the director may employ such engineers, assistants, agents, clerks, and other persons as the director may deem necessary for the care, management, and maintenance of the wharves, piers, bulkheads, slips, docks, basins, and other property, and for the promotion and development of the public use thereof, and the general assembly shall annually appropriate such sum as it may deem necessary for the purposes enumerated in this section.

History of Section. P.L. 1910, ch. 568, § 12; P.L. 1915, ch. 1223, § 1; G.L. 1923, ch. 149, § 34; P.L. 1925, ch. 574, § 1; G.L. 1938, ch. 112, § 33; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-14 .

46-5-15. Disposition of lands no longer needed.

The director of the department of environmental management, when he or she shall deem any land or interests in land acquired or taken under the provisions of this chapter to be no longer required for the purposes of this chapter, may:

  1. With the consent of the person or persons from whom the land or interests were obtained, or their heirs, successors, or assigns, convey the land or any part thereof with or without suitable restrictions by executing and recording a deed thereof, which deed shall be duly executed on behalf of the state by the director of the department of environmental management, and the recorded deed shall thereby revest the title to the land or interests in land so conveyed in the persons, their heirs, successors, and assigns, in whom it was vested at the time of the taking, and the fair market value of the land or interests in land so conveyed at the time of the conveyance may be pleaded in mitigation of damages in any proceedings instituted on account of the taking; or
  2. Lease or sell and convey the land with or without suitable restrictions for such consideration as may be fixed by the director of the department of environmental management, by executing and delivering a lease or deed thereof, which lease or deed shall be executed on behalf of the state by the director; provided, however, the person or persons in whom the title to the land was vested at the time the land was acquired under the provisions of this chapter, shall, if living, and if the land was so acquired within the preceding five (5) years, have the prior right to lease, purchase, or reinvest himself or herself or themselves, as the case may be, of the land before the land may be leased, sold, or conveyed as provided by this section. The prior right shall be conclusively presumed to have been waived in the event that a written offer to lease, sell, or reconvey the land, containing the terms and conditions of the offer, shall have been sent by registered or certified mail to the last known address of the person or persons, and the offer shall not have been accepted within thirty (30) days from the date of the mailing.

History of Section. G.L. 1938, ch. 112, § 36; P.L. 1949, ch. 2385, § 3; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 46-5-15 .

NOTES TO DECISIONS

Preemption Rights.

The preemption rights guaranteed by former R.I. Const., amend. 17 (see now R.I. Const., Art. VI , sec. 19) are applicable to land taken for the construction of port facilities. Griffin v. Bendick, 463 A.2d 1340, 1983 R.I. LEXIS 1050 (R.I. 1983).

46-5-16. Yacht and boat moorings.

  1. The director of the department of environmental management shall expend such funds as are annually appropriated in purchasing, installing, and maintaining yacht and boat moorings in such harbors in Rhode Island waters as he or she may deem advisable and suitable.
  2. The sum of five hundred dollars ($500) is hereby annually appropriated, out of any money in the treasury not otherwise appropriated, for the maintenance of such yacht and boat moorings as the director of the department of environmental management may have installed in the harbors of Narragansett Bay; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum, or so much thereof, as may be required from time to time, upon the receipt by him or her of vouchers approved by the director of the department of environmental management. The moorings shall be available to the public without charge and particularly for the use of nonresident visiting yachtspersons; provided, however, that the moorings shall not be used for more than twelve (12) hours continuously; and provided, further, however, that the moorings shall not be used by any commercial or private persons engaging in fishing.
  3. Any person violating any of the provisions of the preceding sentence shall, upon conviction, be fined twenty-five dollars ($25.00) for each offense.

History of Section. P.L. 1949, ch. 2343, §§ 1-4; impl. am. P.L. 1954, ch. 3358, § 2; G.L. 1956, § 46-5-16 ; R.P.L. 1957, ch. 103, § 2.

Chapter 5.1 Commission on the Port of Galilee [Repealed.]

46-5.1-1 — 46-5.1-8. Repealed.

Repealed Sections.

This chapter (P.L. 1996, ch. 425, § 1; P.L. 2001, ch. 180, § 147), concerning the legislative commission on the Port of Galilee, was repealed in its entirety by P.L. 2005, ch. 20, § 1, and by P.L. 2005, ch. 27, § 1, effective May 5, 2005.

Chapter 6 Obstructions to Navigation

46-6-1. Deposit of dirt and other substances in public tidewaters.

The director of the department of environmental management shall regulate the depositing of mud, dirt, and other substances in the public tidewaters of the state, and shall prescribe the places where they may be deposited; and every person who shall place or deposit mud, dirt, or other substances in the waters without obtaining proper authority therefor, shall be fined for each offense one hundred dollars ($100), one-half (1/2) thereof to the use of the state and one-half (1/2) thereof to the use of the complainant.

History of Section. G.L. 1896, ch. 118, § 11; G.L. 1909, ch. 144, § 11; G.L. 1923, ch. 149, § 10; G.L. 1938, ch. 112, § 10; impl. am. P. L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-1 .

Comparative Legislation.

Obstructions:

Conn. Gen. Stat. §§ 7-146, 7-147, 15-8 et seq.

Mass. Ann. Laws ch. 102, §§ 17, 18.

46-6-2. Approval of plans for construction of wharves and piers.

All persons who shall build into or over public tidewaters, by authority of the department or by authority of the general assembly, any wharf, pier, bridge, or other structure, or drive any piles into the land under public tidewater, or fill any flats, shall, before beginning the work, give written notice to the department of environmental management of the work they intend to do, and submit plans of any proposed wharf or other structure and of the flats to be filled, and of the mode in which the work is to be performed; and no work shall be commenced until the plan and mode of performing the work shall be approved in writing by the director of the department of environmental management; and the director may alter the plans at his or her discretion and may prescribe the direction, limits, and mode of building the wharves or other structures; provided, that nothing herein contained shall be construed to impair the rights of any riparian proprietors to erect wharves authorized to be erected under any of the laws establishing harbor lines within the state or otherwise by the general assembly.

History of Section. G.L. 1896, ch. 118, § 12; G.L. 1909, ch. 144, § 12; G.L. 1923, ch. 149, § 11; G.L. 1938, ch. 112, § 11; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-2 .

NOTES TO DECISIONS

Constitutionality.

This section authorizing consent to the construction of wharves and piers is not unconstitutional. Nugent ex rel. Collins v. Vallone, 91 R.I. 145 , 161 A.2d 802, 1960 R.I. LEXIS 71 (1960).

Appeal.

Where the petitioner had a plain and adequate remedy for judicial review in the superior court of decisions of nonexempted administrative agencies and the proceeding being a “contested case” within the Administrative Procedure Act, petitioner’s appeal from denial of application for permission to build wharf or bulkhead within harbor lines should have been to superior court. Colonial Hilton Inns v. Rego, 109 R.I. 259 , 284 A.2d 69, 1971 R.I. LEXIS 1051 (1971).

Hearing.

Where the applicant was a “specific party” whose rights, duties, or privileges were to be determined, the proceeding was a “contested case,” even though this section did not expressly provide for a hearing. Colonial Hilton Inns v. Rego, 109 R.I. 259 , 284 A.2d 69, 1971 R.I. LEXIS 1051 (1971).

Written Consent.

Application for approval to build or repair wharf by owner of demised land at request of lessee, without knowledge of nature or extent of proposed improvement or of the existence of any contract, was not sufficient to bind owner on lessee’s contract with builder in the absence of owner’s written consent to be bound. Elliott & Watrous v. Harrington, 68 R.I. 237 , 27 A.2d 338, 1942 R.I. LEXIS 71 (1942).

46-6-3. Abatement of unauthorized encroachments on tidewater.

Every erection made into or encroachment upon the public tidewaters of the state, not authorized by the general assembly or by the department of environmental management, shall be deemed to be a public nuisance and shall be prosecuted as such by the attorney general.

History of Section. G.L. 1896, ch. 118, § 14; G.L. 1909, ch. 144, § 14; G.L. 1923, ch. 149, § 13; G.L. 1938, ch. 112, § 13; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-3 .

46-6-4. Protection of Blackstone and Seekonk Rivers.

No person shall put any substance in the Blackstone River or in the Seekonk River, or do any act or shall permit anything within his or her control to be done or shall do or permit anything within his or her control to be continued to be done, that shall cause any substance to be put or conveyed into those rivers in such way that the navigable waters of the Seekonk River shall be injured for the purposes of navigation or in such way that the navigable channel of the river shall be diminished either in width or depth. Every person violating the provisions of this section shall be fined twenty dollars ($20.00) for each offense.

History of Section. G.L. 1896, ch. 118, § 3; G.L. 1909, ch. 144, § 3; G.L. 1923, ch. 149, § 3; G.L. 1938, ch. 112, § 3; G.L. 1956, § 46-6-4 .

46-6-5. Repealed.

Repealed Sections.

This section (G.L. 1896, ch. 118, § 4; G.L. 1909, ch. 144, § 4; G.L. 1923, ch. 149, § 4; G.L. 1938, ch. 112, § 4; G.L. 1956, § 46-6-5 ; P.L. 1969, ch. 239, § 45), concerning prohibition of steamboat ashes in Providence Harbor, was repealed by P.L. 2002, ch. 217, § 1, effective June 28, 2002.

46-6-6. Protection of upper Narragansett Bay.

No person shall deposit any mud, earth, sand, gravel, ashes, cinders, or other substances in the main channel of Providence River leading to the city of Providence, or in any part of the river or of Warren River or of Narragansett Bay lying east of the main channel and north of a line drawn east and west across the channel, and from the easterly line thereof to the eastern shore of the bay in the range of the lower buoy off Rumstick Point, or in the waters of Narragansett Bay within one mile of the shores of Bristol County or Hog Island; but this section shall not be so construed as to prevent the planting of oysters within the lines, or waters, or the property fitting the grounds under the waters for planting oysters thereon, or the construction of any wharf from the shores of the bay which may have been authorized by the general assembly. Every person violating any provision of this section shall be fined one hundred dollars ($100).

History of Section. G.L. 1896, ch. 118, § 5; G.L. 1909, ch. 144, § 5; G.L. 1923, ch. 149, § 5; G.L. 1938, ch. 112, § 5; G.L. 1956, § 46-6-6 .

46-6-7. Protection of waters off Goat Island.

No person shall set any post, drive any spile, or erect or continue any obstruction into or upon the public waters adjoining to and on the westerly side of Goat Island in the harbor of Newport, between the island and the main channel which separates the island from the island of Conanicut, or interfere with or injure any wire, torpedo, or other implement or contrivance in the waters, placed there under the authority of the United States, for use in connection with the experiments in torpedo practice carried on from Goat Island; but nothing herein contained shall be so construed as to give to the United States jurisdiction over any of the public waters to an extent which they do not already have, and this section may be modified or repealed at the pleasure of the general assembly. Every person violating any provision of this section shall be fined one hundred dollars ($100).

History of Section. G.L. 1896, ch. 118, § 7; G.L. 1909, ch. 144, § 7; G.L. 1923, ch. 149, § 6; G.L. 1938, ch. 112, § 6; G.L. 1956, § 46-6-7 .

46-6-8. Duty of department to remove obstructions.

Whenever a wrecked, sunken or abandoned vessel, an abandoned hulk, hull, barge or pilings, or any unlawful or unauthorized structure or thing is deposited or suffered to be or remain in the tidewaters of this state, and in the judgment of the director of the department of environmental management is, or is liable to cause or become an obstruction to the safe and convenient use of the waters for navigation and other lawful purposes, it shall be the duty of the department of environmental management, and, the department shall have power, to remove the obstruction, or cause the obstruction to be removed, in accordance with the provisions of this chapter.

History of Section. G.L. 1896, ch. 118, § 18; G.L. 1909, ch. 144, § 18; G.L. 1923, ch. 149, § 17; G.L. 1938, ch. 112, § 17; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-8 ; P.L. 1979, ch. 266, § 1.

Cross References.

Shipwrecks, § 46-10-1 et seq.

Collateral References.

Laches, waiver, or estoppel on part of government as to obstruction to navigation. 2 A.L.R. 1694.

Negligence in navigating as affecting right to recover for injury by obstruction to navigation. 25 A.L.R. 1556.

Ordinance of 1787, powers of state under, as to obstruction of navigable waters. 54 A.L.R. 442.

46-6-8.1. Definitions.

As used in this chapter:

  1. “Abandoned vessel” means a vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of, the owner, manager, or lessee of the submerged lands or waters below or on which the vessel is located for more than forty-five (45) consecutive days or for more than a total of ninety (90) days in any three hundred sixty-five (365) day period, and the vessel’s owner is: (i) Not known or cannot be located; or (ii) Known and located but is unwilling to take control of the vessel. Examples of abandoned vessels shall, include, but not be limited to, the following:
    1. Any vessel that is left unattended or has remained illegally on public property, including docks, boat launching ramps, or moorings for more than forty-five (45) days.
    2. Any vessel that has been found adrift or unattended in or upon the waters or submerged lands of the state of Rhode Island, and is found in a condition of disrepair as to constitute a hazard or obstruction to the use of the waters and submerged lands of the state or presents a potential health or environmental hazard.
  2. “Authorized public entity” means the department of environmental management or any municipality with jurisdiction or management authority over the harbor areas where an abandoned or derelict vessel or other obstruction is located.
  3. “Department” means the department of environmental management.
  4. “Derelict vessel” means a vessel whose owner is known and can be located, and who is able to exert control of a vessel that:
    1. Has been moored, anchored, or otherwise left in the waters or submerged lands of the state or on public property contrary to the rules adopted by an authorized public entity;
    2. Is sunk or in danger of sinking;
    3. Is obstructing a waterway; and/or
    4. Is endangering life or property.
  5. “Director” means the director of the department of environmental management.
  6. “Mean high water” means a line of contour representing the eighteen and six-tenths (18.6) year average as determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and methodology of the United States Coastal Geodetic Survey within the National Oceanic and Atmospheric Administration.
  7. “Obstruction” means any unlawful or unauthorized structure or thing that is deposited or suffered to be or remain in the tidal waters or upon the tidal lands of the state, and in the judgment of the director, is, or is liable to cause or become an obstruction to the safe and convenient use of the waters and submerged lands of the state for navigation and other lawful purposes.
  8. “Owner” means a person, other than a lienholder, having a property interest in or title to a vessel or other obstruction. The term includes a person entitled to use or have possession of a vessel or other obstruction subject to an interest in another person, reserved, or created by agreement and securing payment or performance of an obligation, but it does not include a lessee under a lease not intended as security.
  9. “Tidal lands” means those lands that are below the mean high water.
  10. “Tidal waters” means all waters seaward of mean high water.
  11. “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
  12. “Waters and submerged lands of the state” means all tidal waters and tidal lands within the territorial limits of the state, all inland waters of the state, and all publicly owned submerged lands lying beneath the inland waters of the state.

History of Section. P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.

Compiler’s Notes.

P.L. 2012, ch. 370, § 1, and P.L. 2012, ch. 389, § 1 enacted identical versions of this section.

46-6-9. Notice to owner to remove obstruction — Penalty.

  1. If any person resident or being in the United States is known to the director as the owner of a vessel, or any interest therein, or as having or exercising any control over the vessel as master, agent, insurer, or otherwise, or, in case of any other unlawful or unauthorized obstruction, as having alone or with others built, deposited, or caused the obstruction, or as owning, maintaining, or using the obstruction in whole or in part, the director shall give notice in writing to the owner or other person to remove the vessel or other obstruction within thirty (30) days of the date of the notice, or such extension of time as may be granted by the director.
  2. It shall be deemed a sufficient notice to all owners and other persons, if served upon any one or more of them by the director, or by the director’s order, by delivering the notice in hand, or by leaving it at the usual place of business, residence, or abode, or by duly mailing it to the post office address of the owner or other person on whom the notice is to be served.
  3. Failure to comply with the notice shall result in a fine of one hundred dollars ($100) per day until the obstruction is removed.

History of Section. G.L. 1896, ch. 118, § 19; G.L. 1909, ch. 144, § 19; G.L. 1923, ch. 149, § 18; G.L. 1938, ch. 112, § 18; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-9 ; P.L. 1979, ch. 266, § 1.

46-6-10. Removal of obstruction by director — Payment of cost.

  1. If the vessel or other obstruction is: (1) Not removed at or within the time specified in the notice, and in a manner and to a place satisfactory to the director, or (2) If the vessel or other obstruction is in immediate danger of sinking or has sunk, is breaking up or has broken up, or is posing a hazard to navigation; or (3) If the vessel or other obstruction poses an imminent threat to human health or safety, including a threat of environmental contamination; and (4) If no owner or other person is known to the director upon whom the notice can be served, the director or other authorized public entity may proceed to remove the vessel or other obstruction, or to complete the removal thereof, or to cause the removal to be done, in such manner and to such place as the director or other authorized public entity shall deem best; and the necessary cost and expense of the removal, if not paid by some owner or other person liable therefor, shall, when certified by the director, be paid out of the derelict and abandoned vessel and obstruction removal account or out of the treasury of the state out of any money appropriated therefor.
  2. Before taking temporary possession of any vessel or other obstruction, the authorized public entity must make reasonable attempts to consult with the department of the United States Coast Guard to ensure that other remedies are not available. The basis for taking temporary possession of the vessel or other obstruction must be set out in writing by the authorized public entity within seven (7) days of taking action and be submitted to the owner, if known, as soon thereafter as reasonable. If the authorized public entity has not already provided the required notice, immediately after taking possession of the vessel or other obstruction, the authorized public entity must initiate the notice provisions in § 46-6-9(a) . The authorized public entity must complete the notice requirements of § 46-6-9(a) before using or disposing of the vessel or other obstruction as authorized in § 46-6-10.1 .

History of Section. G.L. 1896, ch. 118, § 20; G.L. 1909, ch. 144, § 20; G.L. 1923, ch. 149, § 19; G.L. 1938, ch. 112, § 19; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-10 ; P.L. 2012, ch. 370, § 2; P.L. 2012, ch. 389, § 2.

Compiler’s Notes.

P.L. 2012, ch. 370, § 2, and P.L. 2012, ch. 389, § 2 enacted identical amendments to this section.

Cross References.

Expenses and employment of personnel, § 46-1-4 .

46-6-10.1. Use or disposal of vessel or other obstruction.

  1. After taking possession of a vessel or other obstruction, pursuant to the terms and conditions of §§ 46-6-9 and 46-9-10 , the authorized public entity may use or dispose of the vessel or other obstruction in any appropriate and environmentally sound manner without further notice to any owners, but must give preference to uses that derive some monetary benefit from the vessel or other obstruction, either in whole or in scrap. If no value can be derived from the vessel or other obstruction, the authorized public entity must give preference to the least costly, environmentally sound, reasonable disposal option.
  2. If the authorized public entity chooses to offer the vessel or other obstruction for sale at public auction, either a minimum bid may be set or a letter of credit may be required, or both, to discourage future re-abandonment of the vessel or other obstruction.
  3. Proceeds derived from the sale of the vessel or other obstruction must first be applied to any administrative costs that are incurred by the authorized public entity during the notification procedures set forth in § 46-6-9 , removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel or other obstruction. If the proceeds derived from the sale of the vessel or other obstruction exceed all such costs, the remaining moneys must be applied to satisfying any liens registered against the vessel or other obstruction.
  4. Any value derived from the sale of a vessel greater than all liens and costs incurred shall revert to the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3 .

History of Section. P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.

Compiler’s Notes.

P.L. 2012, ch. 370, § 1, and P.L. 2012, ch. 389, § 1 enacted identical versions of this section.

46-6-10.2. Derelict and abandoned vessel and obstruction removal commission.

  1. There is hereby created a commission known as the derelict and abandoned vessel and obstruction removal commission which shall consist of five (5) members as follows:
    1. One member who shall be engaged in the marine trades industry, to be appointed by the governor with advice and consent of the senate;
    2. One member who shall represent a private, nonprofit environmental advocacy organization whose purposes include protecting and preserving Narragansett Bay, to be appointed by the governor with advice and consent of the senate;
    3. One member who shall be a municipal harbormaster, to be appointed by the governor with advice and consent of the senate;
    4. The director of the department of environmental management or his or her designee; and
    5. The executive director of the coastal resources management council or his or her designee.
  2. The chairperson shall be elected by the members of the commission.
  3. The members appointed by the governor shall serve three (3) year terms, and be eligible for re-appointment.
  4. The purpose of the commission shall be to prioritize the disbursement of funds from the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3 .
  5. The commission shall be advisory to the director and shall provide recommendations to the director for fund disbursement.
  6. The commission shall develop criteria, in the form of guidelines, to prioritize removal projects undertaken pursuant to this chapter, and in accordance with the use of the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3 . The guidelines shall also include guidance to the authorized public entities as to what removal activities and associated costs are reasonable and eligible for coverage by the fund. The director shall review and approve, approve with conditions, or reject these guidelines within thirty (30) days of receipt. The commission may seek to revise the guidelines at any time, by submitting such revisions to the director for review and approval. The guidelines shall be made publicly available.

History of Section. P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.

Compiler’s Notes.

P.L. 2012, ch. 370, § 1, and P.L. 2012, ch. 389, § 1 enacted identical versions of this section.

46-6-10.3. Derelict and abandoned vessel and obstruction removal account.

  1. All fees assessed pursuant to § 46-6-10.4 shall be deposited into a restricted receipt account, hereby created and known as the derelict and abandoned vessel and obstruction removal account. The account is also authorized to receive fund transfers and appropriations from the general fund, and from any moneys collected pursuant to § 46-6-12 . Funds from the account may only be used to cover the costs of removing, disposing, and/or selling derelict and abandoned vessels and other obstructions, including any associated administrative or environmental remediation costs, in accordance with the provisions of this chapter.
  2. Priority for use of funds from the account is for (1) The removal of derelict and abandoned vessels that are in danger of sinking or have sunk, are breaking up or have broken up, pose a hazard to navigation, and/or pose threats to the environment; and (2) The removal of obstructions that pose a hazard to navigation, and/or pose threats to the environment.
  3. The department shall keep all authorized public entities apprised of the balance of the derelict and abandoned vessel and obstruction removal account and the funds available for disbursement.

History of Section. P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.

Compiler’s Notes.

P.L. 2012, ch. 370, § 1, and P.L. 2012, ch. 389, § 1 enacted identical versions of this section.

46-6-10.4. Derelict and abandoned vessel and obstruction removal fee.

There is hereby established a derelict and abandoned vessel and obstruction removal fee which shall be in addition to the vessel registration fee assessed pursuant to § 46-22-4(a)(1) . The fee shall be assessed biennially at the time vessel registration fees are assessed by the department pursuant to § 46-22-4(a)(1) . All derelict and abandoned vessel and obstruction removal fees shall be deposited in the derelict and abandoned vessel and obstruction removal account established pursuant to § 46-6-10.3 . The fees shall be assessed as follows:

Overall Vessel Length (Ft) User Fee 1-15 feet $2.00 16-20 feet $2.00 21-25 feet $6.00 26-30 feet $8.00 31-35 feet $12.00 36-40 feet $14.00 41-45 feet $16.00 46-50 feet $18.00 51 feet and above $20.00

Click to view

Pursuant to § 46-22-4(a)(1)(iii) , vessels over thirty feet (30´) may, upon request, pay the derelict and abandoned vessel and obstruction removal fee, along with the registration fee annually at the rate of one-half (1/2) the biennial fee for a vessel of the same length.

History of Section. P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.

Compiler’s Notes.

P.L. 2012, ch. 370, § 1, and P.L. 2012, ch. 389, § 1 enacted identical versions of this section.

Applicability.

P.L. 2012, ch. 370, § 3, provides that the enactment of this section by that act takes effect upon passage [June 21, 2012] and applies to all boat registrations, including renewals, effective March 1, 2013.

P.L. 2012, ch. 389, § 3, provides that the enactment of this section by that act takes effect upon passage [June 21, 2012] and applies to all boat registrations, including renewals, effective March 1, 2013.

46-6-11. Liability for cost of removing obstruction — Action for recovery.

The owner of any vessel or of an interest in any vessel willfully or maliciously wrecked, sunken, or abandoned and removed as provided in § 46-6-10 , whether owning, at the time the vessel first became an obstruction, or at any subsequent time before the removal is completed, and all persons having or exercising any control over the vessel or any part thereof, and, in the case of any other obstruction so removed, the person or persons originally building, depositing, or causing the obstruction, or at the time of the removal, or at any time prior thereto, owning, maintaining, or using the obstruction in whole or in part, shall be liable to pay the cost and expenses of the removal, or to repay the cost when paid out of the derelict and abandoned vessel and obstruction removal account or treasury as aforesaid; and the cost may be recovered in a civil action brought by the director in the name of the state against the owners or other persons, or against any one or more of them. The attorney general shall conduct and commence the suits. All moneys so repaid or recovered shall be paid into the derelict and abandoned vessel and obstruction removal account or treasury of the state. Any person who pays on a judgment or otherwise more than his or her proportional part of the costs and expenses aforesaid, shall have a claim for contribution against all other parties liable therefor according to their respective interests.

History of Section. G.L. 1896, ch. 118, § 21; G.L. 1909, ch. 144, § 21; G.L. 1923, ch. 149, § 20; G.L. 1938, ch. 112, § 21; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-11 ; P.L. 2012, ch. 370, § 2; P.L. 2012, ch. 389, § 2.

Compiler’s Notes.

P.L. 2012, ch. 370, § 2, and P.L. 2012, ch. 389, § 2 enacted identical amendments to this section.

46-6-12. Sale of object removed to pay cost of removal.

If the cost and expenses of removing a vessel or other obstruction as aforesaid are not paid or repaid by some owner or other person liable therefor within ten (10) days after the removal is completed, the director of the department of environmental management may sell the vessel or other obstruction, or the materials and appurtenances thereof, at public or private sale, and the net proceeds of the sale shall be paid into the derelict and abandoned vessel and obstruction removal account or treasury of the state and deducted from the amount to be repaid or recovered as provided in § 46-6-11 .

History of Section. G.L. 1896, ch. 118, § 22; G.L. 1909, ch. 144, § 22; G.L. 1923, ch. 149, § 21; G.L. 1938, ch. 112, § 21; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-12 ; P.L. 2012, ch. 370, § 2; P.L. 2012, ch. 389, § 2.

Compiler’s Notes.

P.L. 2012, ch. 370, § 2, and P.L. 2012, ch. 389, § 2 enacted identical amendments to this section.

46-6-13. Insurer of lost vessel not liable for cost of removal.

No insurer of a vessel, who has paid the loss thereon, shall, by reason of the insurance, be held liable to remove the vessel, or to pay the cost and expenses of the removal, under the provisions of this chapter, unless the insurer has exercised some act of ownership or control over the vessel or some part or appurtenance thereof, or received the proceeds of the sale thereof.

History of Section. G.L. 1896, ch. 118, § 23; G.L. 1909, ch. 144, § 23; G.L. 1923, ch. 149, § 22; G.L. 1938, ch. 112, § 22; G.L. 1956, § 46-6-13 .

46-6-14. Commissioner of wrecks not liable for cost — Application of property held.

A commissioner of wrecks and shipwrecked goods shall not be liable to the provisions of this chapter by reason of anything done by the commissioner in discharge of his or her office as the commissioner; but he or she shall, upon notice and request by the director of the department of environmental management, retain and apply so much of the property in his or her possession appertaining to a wrecked vessel, or of the proceeds thereof, as may be necessary to provide for the removal of the vessel so that the vessel shall not be an obstruction in tidewaters.

History of Section. G.L. 1896, ch. 118, § 24; G.L. 1909, ch. 144, § 24; G.L. 1923, ch. 149, § 23; G.L. 1938, ch. 112, § 23; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-14 .

Cross References.

Shipwrecks, § 46-10-1 et seq.

46-6-15. Duty of commissioners of wrecks and harbormasters to give notice of obstructions.

It shall be the duty of commissioners of wrecks and shipwrecked goods, and of harbormasters, to give immediate notice to the department of environmental management of all shipwrecks occurring in tidewaters of their respective towns and harbors and of any obstructions existing therein.

History of Section. G.L. 1896, ch. 118, § 25; G.L. 1909, ch. 144, § 25; G.L. 1923, ch. 149, § 24; G.L. 1938, ch. 112, § 24; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-15 .

46-6-16. Application for federal reimbursement of expenses.

It shall be the duty of the department of environmental management to make application in behalf of the state for the reimbursement of any sums expended under this chapter, which in the opinion of the director of the department of environmental management might properly be paid by the United States.

History of Section. G.L. 1896, ch. 118, § 27; G.L. 1909, ch. 144, § 27; G.L. 1923, ch. 149, § 26; G.L. 1938, ch. 112, § 25; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-16 .

46-6-17. Severability.

The provisions of this chapter shall be severable and, if any of the provisions shall be held invalid, the decision of the court respecting that provision or provisions shall not affect the validity of any other provision which can be given effect without that invalid provision.

History of Section. P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.

Compiler’s Notes.

P.L. 2012, ch. 370, § 1, and P.L. 2012, ch. 389, § 1 enacted identical versions of this section.

Chapter 6.1 Maintenance of Marine Waterways and Boating Facilities

46-6.1-1. Title.

This chapter shall be known and may be cited as the “Marine Waterways and Boating Facilities Act of 2001.”

History of Section. P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1.

46-6.1-2. Legislative findings.

The general assembly finds and declares:

  1. Marine transportation in the state depends on adequate depth in waterways and harbors to permit the safe passage and operation of vessels.
  2. Recreational and commercial boating depends on the availability of channels, harbors, marinas, and mooring areas with adequate depth to permit the safe passage, movement, mooring, docking, servicing and operating vessels.
  3. Coastal features, such as salt ponds, can be impaired as habitat if channels and breachways do not allow adequate water circulation.
  4. Dredging and appropriate dredged material management and disposal are in the interest of the state in order to protect public health and safety, to enhance environmental quality, and to preserve the recreational opportunities and promote the economic well-being of the people of the state.
  5. General assembly recognizes and declares that the coastal resources of Rhode Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of immediate and potential value to the present and future development of this state; that unplanned or poorly planned development of this basic natural environment has already damaged or destroyed, or has the potential of damaging or destroying, the state’s coastal resources, and has restricted the most efficient and beneficial utilization of these resources; that it shall be the policy of this state to preserve, protect, develop, and, where possible, restore the coastal resources of the state for this and succeeding generations through comprehensive and coordinated long range planning and management designed to produce the maximum benefit for society from these coastal resources; and that preservation and restoration of ecological systems shall be the primary guiding principle upon which environmental alteration of coastal resources will be measured, judged, and regulated.

History of Section. P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1.

46-6.1-3. Purpose.

The purposes of this chapter are:

  1. To establish an integrated, coherent plan for dredging and dredge material management, which includes beneficial use, dewatering, in-water disposal, and upland disposal as appropriate, that sets forth the state’s program for these activities and provides guidance to persons planning to engage in these activities and to designate the council as the lead agency for implementing the purposes of this chapter.
  2. To provide for coordinated, timely decision-making by state agencies on applications for dredging, dewatering, and for the beneficial use and in-water and upland disposal of dredged materials, with the goals of providing action, following a determination that the application is complete, on applications for these activities within one hundred eighty (180) days for applications pertaining to maintenance dredging projects and within five hundred forty (540) days for expansion projects.
  3. To establish, for the purposes of this chapter and consistent with the requirements of the Marine Infrastructure Maintenance Act of 1996, the following in order of priority in planning for and management of dredged material, depending on the nature and characteristics of the dredged material and on reasonable cost.
    1. Beneficial use, including specifically beach nourishment and habitat restoration and creation, in the coastal zone;
    2. Beneficial use in upland areas;
    3. Disposal.
  4. To encourage the development of the infrastructure needed to dewater dredged materials, and to facilitate beneficial use of dredged materials in upland areas.
  5. To encourage and facilitate the beneficial use of dredged materials by private parties.
  6. To authorize the establishment of a means of supporting projects for dewatering dredged material and for beneficial use and disposal of dredged material at sites above mean high water by the Rhode Island infrastructure bank.

History of Section. P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1; P.L. 2015, ch. 141, art. 14, § 14.

46-6.1-4. Definitions.

For the purposes of this chapter, the following terms shall mean:

  1. “Beneficial use” means the placement or use of dredged material for some productive purpose, and shall include, but not be limited to, uses such as beach nourishment, habitat creation and enhancement, brownfields redevelopment, landscaping, construction projects, and landfill cover.
  2. “Coastal zone” means the coastal waters of the state and adjacent lands and other areas that are under the regulatory jurisdiction of the coastal resources management council pursuant to chapter 23 of this title or the federal Coastal Zone Management Act [16 U.S.C. § 1451 et seq.].
  3. “Council” means the coastal resources management council.
  4. “Dewatering” means actively or passively removing water from dredged material to facilitate its beneficial use or disposal.
  5. “Department” means the department of environmental management.
  6. “Director” means the director of the department of environmental management.
  7. “Disposal” means nontemporary relocation and placement of dredged material other than a beneficial use.
  8. “Disposal site” means a precise geographic area within which dredged material is disposed.
  9. “Dredged material” means material excavated from the waters of the state, including rock, gravel, sand, clay, silt, mud, organic material, and material discarded by humans.
  10. “Executive director” means the executive director of the coastal resources management council.
  11. “Habitat” means the specific area or environment in which a particular plant or animal lives.
  12. “Person” means 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.
  13. “Site” means all contiguous land, structures, and appurtenances and improvements.
  14. “Site operator” means the person who is responsible for the operation of activities at a beneficial use, dewatering, or disposal site for dredged materials.
  15. “Site owner” means the person who owns all or a part of a beneficial use, dewatering, or disposal site for dredged materials.
  16. “Upland areas” means areas that are not in the coastal zone.

History of Section. P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1; P.L. 2007, ch. 340, § 40.

Federal Act References.

The bracketed reference to the United States Code in subdivision (2) was inserted by the compiler.

Law Reviews.

Clare M. Harmon, Comment: Bootlegging, Oysters, and Closed-to-Harvest Waters: Adding Teeth to the Coastal Zone Management Act to More Effectively and Efficiently Restore the Coastal Zone, 22 Roger Williams U. L. Rev. 482 (2017).

46-6.1-5. Comprehensive plan for dredged material management.

  1. The council shall prepare, adopt and maintain, pursuant to § 46-23-1(e) , a comprehensive plan for dredged material management for dredging that takes place in the coastal zone. The plan shall include, among other matters:
    1. Coastal zone and upland areas that are deemed suitable, depending on the nature and characteristics of the dredged material, for the beneficial use and disposal of dredged material;
    2. Approved sites and/or types of areas suitable for dewatering; and
    3. Protocols for monitoring dredged material disposal sites in the coastal zone.
  2. The director shall by January 31, 2002, adopt by rule a list of upland sites and types of areas suitable for beneficial use and disposal of dredged materials, and shall adopt such revisions as may be necessary to the list no less frequently than biennially thereafter, which list shall be incorporated in the comprehensive plan for dredged material management.

History of Section. P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1; P.L. 2007, ch. 340, § 40.

46-6.1-6. Interagency coordination.

  1. The council and the department shall jointly prepare and adopt, no later than January 1, 2002, protocols and guidelines for coordinated review and action on applications made pursuant to § 46-6.1-6 , which shall among other things provide for:
    1. The elimination of redundant and duplicative processes and reviews;
    2. A joint pre-application meeting with the applicant;
    3. A timely, joint determination of the completeness of applications, following a suitability determination made by the U.S. Army Corps of Engineers; and
    4. The designation of a project manager for each dredging application who shall coordinate review of the application and serve as the single point of contact for the applicant.
  2. The council, with advice from the department, shall adopt protocols and a plan for monitoring dredged material disposal sites in the coastal zone, which protocols and plan shall be an element of the comprehensive plan for dredged material management and which provide for oversight by the department of matters that are in its jurisdiction pursuant to authority delegated by federal law.

History of Section. P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1.

46-6.1-7. Applications for approval of dredging, beneficial use, and disposal.

  1. Any person proposing to dredge in the coastal zone, or to dewater or to engage in the beneficial use or disposal of dredged material from the coastal zone, shall be required to obtain approval from the council, and from the department pursuant to § 42-17.1-24 as appropriate, before undertaking such activity. An application for approval or approvals shall be made to the council and shall include, among any other matters that may be required, a statement of how it addresses the priorities for dredged material management set forth in § 46-6.1-2 and of how it is consistent with a plan adopted by the council pursuant to § 46-6.1-5 . Any application for maintenance dredging of dredged material that is suitable for in-water disposal or appropriate for a beneficial use provided for in the comprehensive plan for dredged material management shall be considered as having the priority assigned to a project of critical economic concern pursuant to chapter 117 of title 42 and shall be provided, in order to accomplish the purpose set forth in § 46-6.1-2(2) , expeditious agency review according to procedures established under § 42-117-8 , as appropriate.
  2. Notwithstanding the provisions of any rule, resolution, or ordinance, adopted under § 31-25-26 , to the contrary, approval by the council shall constitute approval to operate appropriate motor vehicles in a manner necessary to implement the provisions of an approved application.

History of Section. P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1; P.L. 2007, ch. 340, § 40.

46-6.1-8. Exemption from liability.

Notwithstanding any other provision of the Rhode Island general laws to the contrary, whenever the council and the director have approved the beneficial use, dewatering or disposal of dredged material, the applicant, the site owner and/or the site operator, and any successors or assigns, shall not be responsible for any current and future liability that arises out of the approved beneficial use, dewatering or disposal and that is associated with the release or threatened release from the dredged material, provided there is compliance with the conditions imposed by the approval, and further provided that with regard to the beneficial use, dewatering or disposal, the site owner and/or the site operator, and any successors or assigns have acted in a responsible and prudent manner.

History of Section. P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1.

46-6.1-9. Cooperation of other agencies.

  1. In order to accomplish the purposes of this chapter to provide for beneficial use, dewatering, and disposal of dredged material:
    1. State agencies, departments, corporations, authorities, boards, commissions, including, but not limited to, the department of administration, the department of transportation, the Rhode Island infrastructure bank, the Rhode Island commerce corporation, the Narragansett Bay commission, and the Rhode Island resource recovery corporation, and political subdivisions, shall cooperate with the council in developing and implementing the comprehensive plan for dredged material management;
    2. The council shall seek federal acceptance of the comprehensive plan for dredged material management as an element of the state’s coastal zone management program and shall pursue such federal approvals and general permits as may facilitate expeditious action on dredging applications that are consistent with the plan;
    3. The commerce corporation shall:
      1. Make available by October 31, 2004, a site to use as a dewatering site for dredged material, which site shall be available for dewatering dredged material until at least September 30, 2012, and may continue to be available thereafter for periods of not less than six (6) months, upon the request of the council and the approval of the corporation; and
      2. With advice from the council and the department, develop and implement a program to market dredged material for beneficial use by private persons, including but limited to brownfield reclamation projects; and
    4. The council, with the cooperation of the department and the Rhode Island infrastructure bank, shall develop a proposal for a fund, which may be used as provided for in § 46-12.2-4.1 , to support projects for dewatering dredged material for beneficial use and disposal of dredged material at sites above mean high water and for confined aquatic disposal of dredged materials, which proposal shall be submitted to the general assembly not later than February 15, 2002.
  2. The fund shall not be established or go into effect unless it has been approved by the general assembly.

History of Section. P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1; P.L. 2004, ch. 584, § 1; P.L. 2007, ch. 340, § 40; P.L. 2015, ch. 141, art. 14, § 14.

46-6.1-10. Transitional provisions.

In order to provide time sufficient for adoption of rules, protocols, guidelines, and plans required by this chapter and to review and act on current dredging projects and applications, the council and the department shall continue in full force and effect such rules, regulations, plans, and programs for dredging, which are not contrary to the purposes of this chapter, until the rules, protocols, guidelines, and plans required by this chapter are adopted; and any rule, regulation, protocol, guideline, or plan, including appendix “B” to the solid waste regulations of the department, that is consistent with the purposes and/or requirements of this chapter, which was prepared or adopted under authority that existed prior to July 10, 2001 shall remain in effect.

History of Section. P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1.

Chapter 7 Stakes and Buoys

46-7-1. Marking of Pawtucket River channel.

The director of the department of environmental management shall accurately mark the channel of the Pawtucket River by erecting and placing suitable stakes and buoys along the sides of the channel at the request and for the convenience of persons interested in the navigation of the river. Whatever expenses shall be incurred in the performance of these duties shall be paid from any appropriation which the department of environmental management is or may hereafter be authorized to expend.

History of Section. G.L. 1896, ch. 118, § 1; P.L. 1901, ch. 809, § 28; G.L. 1909, ch. 144, § 1; P.L. 1918, ch. 1669, § 4; G.L. 1923, ch. 149, § 1; G.L. 1938, ch. 112, § 1; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-7-1 .

Cross References.

Expenses and employment of personnel, § 46-1-4 .

Lobster pots, buoying, § 20-7-11 .

46-7-2. Misuse or injury to Pawtucket River channel markers.

The owner or the person having charge of any vessel, scow, boat, seine, or raft of any kind, which shall be made fast to any stake or buoy erected or placed for the security or guidance of vessels navigating the river, and every person who shall in any way willfully injure, remove, or destroy any of the stakes or buoys placed, shall be fined not exceeding one hundred dollars ($100) and not less than twenty dollars ($20.00), one-half (1/2) thereof to the use of the state and one-half (1/2) thereof to the use of the complainant, or be imprisoned not exceeding six (6) months nor less than ten (10) days.

History of Section. G.L. 1896, ch. 118, § 2; G.L. 1909, ch. 144, § 2; G.L. 1923, ch. 149, § 2; G.L. 1938, ch. 112, § 2; G.L. 1956, § 46-7-2 .

46-7-3. Misuse or injury to federally placed markers in upper Narragansett Bay.

Every owner and every person having the charge of any vessel, scow, boat, seine, or raft of any kind, which shall be made fast to any stake or buoy which has been or shall be placed, at the expense of the United States, for the security and direction of vessels either in Providence River or in any part of Narragansett Bay or the waters thereof north of Conimicut Point or in Warren River, and every person who shall in any way injure or destroy any of the stakes and buoys placed, shall forfeit ten dollars ($10.00); two-thirds (2/3) thereof to the use of the United States, in order to replace the stake or buoy, and one-third (1/3) thereof to the use of the person who shall sue for the replacement stake or buoy.

History of Section. G.L. 1896, ch. 116, § 1; G.L. 1909, ch. 142, § 1; G.L. 1923, ch. 147, § 1; G.L. 1938, ch. 113, § 1; G.L. 1956, § 46-7-3 ; P.L. 1996, ch. 404, § 37.

46-7-4. Venue of forfeiture actions — Limitation.

For any offense committed in Providence River or in any part of Narragansett Bay or the waters thereof north of Conimicut Point, the action may be brought in the county of Providence or in the county of Kent, and the part of the forfeiture belonging to the United States for the offense shall be paid to the collector of the district of Rhode Island; and for any offense committed in Warren River the action may be brought in the county of Bristol, and the part of the forfeiture belonging to the United States for the offense shall be paid to the collector of the district of Rhode Island; and all forfeitures that may accrue under § 46-7-3 shall be sued for within six (6) months after they shall accrue.

History of Section. G.L. 1896, ch. 116, § 2; G.L. 1909, ch. 142, § 2; G.L. 1923, ch. 147, § 2; G.L. 1938, ch. 113, § 2; G.L. 1956, § 46-7-4 .

46-7-5. Misuse or injury to markers in Bristol and Conimicut areas.

Every person who shall make fast any ship, vessel, scow, boat, seine, or raft of any kind to the buoy on the shoal south of Conimicut Point or to the stake on that point or to the flagstaff on the halfway rock or to any stake which has been or may be placed at the mouth of Bristol Harbor, or to any of the moorings of those buoys, and the master or owner of the ship, vessel, scow, boat, seine, or raft, shall forfeit twenty dollars ($20.00); to be recovered in the county of Kent, in the county of Bristol or in the county of Providence; one-third (1/3) thereof to the use of the person who shall sue for the amount due, and two-thirds (2/3) thereof to be paid to the collector of customs within whose district the offense shall be committed, for the use of the United States.

History of Section. G.L. 1896, ch. 116, § 3; G.L. 1909, ch. 142, § 3; G.L. 1923, ch. 147, § 3; G.L. 1938, ch. 113, § 3; G.L. 1956, § 46-7-5 ; P.L. 1996, ch. 404, § 7.

46-7-6. Injuries to Castle Island beacon or markers south of Conimicut.

The captain, owner, or owners of every ship or vessel that shall, by running against or otherwise, injure the beacon on Castle Island, at the entrance of Bristol Harbor, or any buoy placed or hereafter to be placed, at the expense of the United States, in any of the waters of Narragansett Bay south of Conimicut Point or the stakes on the point, or in any way injure, destroy, or remove the chains or anchors by which they are or shall be moored, shall forfeit thirty-six dollars ($36.00), provided the damage is done intentionally or negligently; to be recovered in the county of Kent or in the county of Newport, and to be distributed, paid, and appropriated as provided in § 46-7-5 .

History of Section. G.L. 1896, ch. 116, § 4; G.L. 1909, ch. 142, § 4; G.L. 1923, ch. 147, § 4; G.L. 1938, ch. 113, § 4; G.L. 1956, § 46-7-6 .

Chapter 8 Registration of Outboard Motors

46-8-1. Definitions.

When used in this chapter, the following words and phrases shall be construed as follows:

  1. “Licensing authority”  means the department of environmental management.
  2. “Outboard motor”  means any marine motor not permanently fastened to a boat so as to be an integral part of the boat and/or any marine motor which is portable.
  3. “Territorial limits”  has the same meaning as defined in § 42-1-1 .

History of Section. P.L. 1955, ch. 3482, § 1; G.L. 1956, § 46-8-1 ; P.L. 1985, ch. 370, § 2.

46-8-2. Registration of motors required.

Any person who is the owner of an outboard motor for use on any waters within the territorial limits of the State of Rhode Island shall register the outboard motor as provided in § 46-8-3 within ten (10) days after the ownership is acquired.

History of Section. P.L. 1955, ch. 3482, § 2; G.L. 1956, § 46-8-2 .

Compiler’s Notes.

In 2021, “State of Rhode Island” was substituted for “State of Rhode Island and Providence Plantations” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

Cross References.

Boats required to have underwater exhaust, §§ 11-46-1 , 11-46-2 .

46-8-3. Issuance of registration certificate.

The licensing authority shall, upon application of any owner of an outboard motor to be used on the territorial waters of the State of Rhode Island, issue a registration certificate to that person.

History of Section. P.L. 1955, ch. 3482, § 3; G.L. 1956, § 46-8-3 ; P.L. 1985, ch. 370, § 2.

Compiler’s Notes.

In 2021, “State of Rhode Island” was substituted for “State of Rhode Island and Providence Plantations” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

46-8-4. Form and contents of registration certificate.

The registration certificate shall be in a form to be prescribed by the director, and shall indicate the name, address, and signature of the owner of the outboard motor, together with the horsepower, serial, and motor numbers, or other identification numbers of the motor; provided, however, that if no identification numbers appear upon the outboard motor, the licensing authority may assign a number to the motor upon sufficient documentation of ownership.

History of Section. P.L. 1955, ch. 3482, § 3; G.L. 1956, § 46-8-4 ; P.L. 1985, ch. 370, § 2.

46-8-5. Registration fees.

A fee of twenty dollars ($20.00) shall be charged for the registration certificate; provided, however, that registrations obtained for use by the United States or any agency thereof or the State of Rhode Island or any city or town shall be exempt from payment of any fee.

History of Section. P.L. 1955, ch. 3482, § 3; G.L. 1956, § 46-8-5 ; P.L. 1985, ch. 370, § 2; P.L. 2004, ch. 595, art. 33, § 10.

46-8-6. Notice of sale, loss, or destruction of motor.

Within seven (7) days after an outboard motor has been sold, assigned, lost, or destroyed, the owner of the outboard motor shall notify the licensing authorities of the town or city in which the outboard motor is registered. The licensing authorities shall then note the information on its copy of the certificate of registration and forward the information to the attorney general, who shall do likewise on his or her copy of the certificate of registration.

History of Section. P.L. 1955, ch. 3482, § 4; G.L. 1956, § 46-8-6 .

46-8-7. Penalty for violations.

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall pay a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100).

History of Section. P.L. 1955, ch. 3482, § 5; G.L. 1956, § 46-8-7 .

46-8-8. Altered or removed serial numbers — Penalties — Replacement identification numbers.

  1. Whoever removes, defaces, alters, changes, destroys, obliterates, or mutilates, or causes to be removed or destroyed or in any way defaced, altered, changed, obliterated, or mutilated, the identification number of the manufacturer of a motor or engine designed for use in or on a boat, with intent thereby to conceal the identity of the motor or engine, shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than one year, or both. Whoever possesses, sells, or otherwise disposes of or attempts to sell or otherwise dispose of such motor or engine, knowing or having reason to believe that the identifying number or numbers on the motor or engine have been so removed, defaced, altered, changed, destroyed, obliterated, or mutilated, shall be punished by the same fine or imprisonment or both.
  2. This section shall not prohibit the restoration by an owner of an original serial, engine, or other number or mark when the restoration is made under permit issued by the director of the department of environmental management, or the director’s designee, nor prevent any manufacturer from placing, in the ordinary course of business, numbers or marks upon a motor or engine or parts thereof.
  3. Any person who has in his or her possession any motor or engine or any part thereof, the identifying number or numbers of which have been removed, defaced, altered, changed, destroyed, obliterated, or mutilated, can, on or before January 1, 1980, make application to the director of the department of environmental management for a replacement identification number. Upon a showing that the person in possession thereof is the rightful owner, the identification number shall be attached by the director of the department of environmental management, or the director’s designee.

History of Section. P.L. 1979, ch. 247, § 1.

Chapter 9 Pilots — Rhode Island Sound, Narragansett Bay, Sakonnet River, and Tributaries

46-9-1. Declaration of policy.

  1. It is declared to be the policy and intent of the general assembly and the purpose of this chapter:
    1. To provide maximum safety from the dangers of navigation for vessels entering or leaving the waters of this state;
    2. To maintain a state pilotage system devoted to the preservation and protection of lives, property, and vessels entering or leaving waters of this state at the highest standard of efficiency; and
    3. To insure an adequate supply of pilots well qualified for the discharge of their duties.
  2. The general assembly recognizes, finds, and declares that it is the policy of the State of Rhode Island that the waters, harbors and ports of the State of Rhode Island are important resources, and it is deemed necessary in the interest of public health, safety, and welfare to provide laws regulating the piloting of vessels utilizing the navigable waters of the state in order that the resources, the environment, life, and property may be protected to the fullest extent possible.
  3. The general assembly further finds and declares that it is a policy of the State of Rhode Island to have pilots experienced in the handling of vessels aboard vessels in certain of the state waters with prescribed qualifications and licenses issued by the state.
  4. It is further the intent of the general assembly not to place in jeopardy Rhode Island’s position as an able competitor for waterborne commerce from other ports and nations of the world, but rather to continue to develop and encourage that commerce.
  5. It is the further intent of the general assembly to regulate pilots, piloting, and pilotage to the full extent of any congressional grant of authority, except as limited in this chapter.

History of Section. P.L. 1981, ch. 388, § 2.

Repealed Sections.

The former chapter (G.L. 1896, ch. 117, §§ 2, 3, 5-10, 12; G.L. 1909, ch. 143, §§ 2, 3, 5-10, 12; G.L. 1923, ch. 148, §§ 2, 3, 5-10, 12; P.L. 1923, ch. 476, §§ 1, 2; G.L. 1938, ch. 114, §§ 2, 3, 5-10, 12; G.L. 1956, ch. 114, §§ 1-18, 20, 21; P.L. 1956, ch. 3853, § 1; P.L. 1970, ch. 111, § 7; P.L. 1970, ch. 258, § 1; P.L. 1979, ch. 354, §§ 1, 2), concerning pilots, was repealed by P.L. 1981, ch. 388, § 1, and the present chapter on the same subject substituted therefor.

Cross References.

Exemption of pilots from militia duty, § 30-1-7 .

Comparative Legislation.

Pilots:

Conn. Gen. Stat. § 15-13 et seq.

Mass. Ann. Laws ch. 103, § 1 et seq.

46-9-2. Vessels required to employ state licensed pilot — “Vessel” defined.

  1. Every foreign vessel, regardless of gross tonnage or draft, and every American vessel under register, regardless of gross tonnage or draft, and every other vessel not exempted by § 46-9-3 , or the laws of the United States, entering or departing from any port of the state or traversing the waters of the state north of a line drawn from Point Judith to Sakonnet Point, shall take and employ a pilot licensed under this chapter and shall be subject to the provisions of this chapter; and the vessel, its master, owner, agent, or consignee shall be liable for any pay pilotage rates in accordance with the pilotage rates established by the pilotage commission or which may be established under the provisions of this chapter; and the vessels shall be subject to regulations established by the pilotage commission, which commission is established under § 46-9-5 .
  2. Unless otherwise provided, as used in this chapter, the word “vessel” means every description of watercraft or other artificial contraption used or capable of being used as a means of transportation on water and measuring one thousand (1,000) gross tons or more, and capable of loading to a draft of twelve feet (12´) or more, and every foreign ship, boat, barge, vessel, and watercraft, regardless of gross tonnage or draft, and every American ship, boat, barge, vessel, and watercraft under register, regardless of gross tonnage or draft.
  3. Notwithstanding any of the above provisions, any vessel carrying or towing a barge or similar conveyance carrying more than one thousand (1,000) gross tons of any oil, petroleum, petroleum distillate, or any by-product thereof, shall be defined as a vessel and shall be subject to the provisions of this chapter.

History of Section. P.L. 1981, ch. 388, § 2; P.L. 1990, ch. 324, § 5.

46-9-3. Vessels exempt from chapter.

The provisions of this chapter shall not apply to vessels navigating under a certificate of enrollment under the control of a federally licensed pilot or to vessels otherwise exempt by the laws of the United States, or to vessels measuring less than one thousand (1,000) gross tons, and the draft of which, when fully loaded, would be less than twelve feet (12´) of water, other than vessels under registry. All vessels under registry are subject to the provisions of this chapter. If any vessel exempt from this chapter shall employ a pilot, the pilot shall be entitled to receive, as compensation for his or her services, pilotage fees in an amount not to exceed the rates established by the commission. Vessels are not subject to the provisions of this chapter if they receive special exemption from the commission where the commission determines that the vessels do not pose a threat to the environment.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-4. Piloting without license.

It shall be unlawful for any person not licensed as a pilot under this chapter to pilot or offer to pilot a vessel not exempt from the provisions of this chapter. It shall likewise be unlawful for any person on board a tug or towboat to tow a vessel not exempt from the provisions of this chapter, unless the vessel shall have on board, or be under the control of, a duly licensed state pilot.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-4.1. Piloting without charts.

It shall be unlawful for any pilot to pilot any vessel, including a tug, without having in his or her possession on the vessel being piloted current charts of all waters through which the vessel is being piloted. Likewise, it shall be unlawful for any tug to tow any barge or other craft of any size without first having on board, and available for use, current charts of all waters through which the barge or other craft is being towed.

History of Section. P.L. 1990, ch. 230, § 1.

46-9-5. Pilotage commission.

  1. There is hereby created a state pilotage commission within the department of environmental management independent of the department and the director, consisting of four (4) members, two (2) of whom shall be appointed by the governor. Of the members appointed by the governor, one shall be a licensed pilot with five (5) years active service on the waters of this state, and one shall represent the public. The associate director of the bureau of natural resources within the department of environmental management, or his or her designee, and the director of the department of environmental management, or his or her designee, shall serve as ex officio members of the commission. Each appointed member of the commission shall serve for a term of three (3) years and until his or her successor shall be appointed and qualified. In the month of February, the governor shall appoint a member to hold office until the first day of March in the third year of his or her appointment, and until his or her successor shall be appointed and qualified to succeed the member whose term shall next expire.

    Gubernatorial appointments made under this section after the effective date of this act [April 20, 2006] shall be subject to the advice and consent of the senate.

  2. Any vacancy which may occur in the commission shall be filled by the governor as in the case of an original appointment for the remainder of the unexpired term. Any member shall be eligible to succeed himself or herself.
  3. Newly appointed and qualified public members and designees of ex-officio members shall, within six (6) months of their qualification or designation, attend a training course that shall be developed with commission approval and conducted by the chair of the commission and shall include instruction in the following areas: the provisions of chapters 46-9, 42-46, 36-14 and 38-2 and the commission’s rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act [April 20, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.
  4. Members of the commission shall be removable by the governor pursuant to § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal reason unrelated to capacity or fitness for the office shall be unlawful.

History of Section. P.L. 1981, ch. 388, § 2; P.L. 2005, ch. 117, art. 21, § 32; P.L. 2006, ch. 24, § 1; P.L. 2006, ch. 33, § 1.

46-9-6. Duties of commission.

The commission shall perform the duties and have the powers set forth in this section as well as other duties and powers as may be provided by law:

  1. To make, establish, and enforce rules and regulations, not inconsistent with law, which shall be binding and effectual upon all pilots licensed by the commission, all vessels subject to this chapter, and all parties employing the pilots; and, from time to time, revise or amend the rules and regulations as may be necessary to enable the commission to carry into effect and enforce the provisions of this chapter; the rules and regulations shall include, but not be limited to, those rules and regulations necessary to enable the commission to respond to emergencies or catastrophic conditions as may occur, whether environmental or otherwise. The rules and regulations shall formalize and detail the authority of the commission over individual bay pilots in relation to other state, federal, and municipal agencies, and any other public safety programs;
  2. To make and establish rates of pilotage for vessels that are subject to the provisions of this chapter;
  3. To establish and determine the qualifications of any person applying for a pilot’s license and conduct examination;
  4. To issue, suspend, or revoke any pilot’s license in accordance with the provisions of this chapter;
  5. To take any action that is necessary to cause the laws, rules, and regulations concerning pilots and pilotage matters to be fully observed and executed;
  6. To hear and decide complaints made in writing against any pilot, pilot’s agent or employee, or person subject to the provisions of this chapter for any misbehavior or neglect of or breach of rules or regulations of the commission which it shall deem material to be investigated;
  7. To hear and decide complaints made in writing by any pilot against any charterer, owner, agent, master, or sailor of a vessel for any misbehavior toward that pilot in the performance of the pilot’s duty, or for any breach of the rules and regulations;
  8. To have the power and authority to take testimony and evidence and administer oaths and compel the attendance of witnesses and issue and serve witness subpoenas and subpoenas duces tecum at any hearings that it may conduct; provided, further, that the commission shall conduct at least one public hearing annually, duly advertised, to hear and receive complaints and comments from individual pilots, associations, or other public or private agencies with regard to any matters that may properly come within the jurisdiction of the commission;
  9. To make an annual report to the director of the department of environmental management for the preceding calendar year, together with the amounts of pilotage collected by the pilots and the amounts paid to the state. The report shall also include but not be limited to:
    1. A review and synopsis of commission activities and administrative proceedings;
    2. A fiscal report and recommendations on fee collections;
    3. A synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the commission;
    4. A review of goals established and findings and recommendations on commission activity.
  10. To establish criteria for the training, experience, ability, knowledge, aptitude, skill, and professional qualifications of pilots and establish and determine the training, experience, ability, knowledge, aptitude, skill, and professional qualifications requirements necessary to make any person eligible to apply for a pilot’s license and to conduct examinations, and, in this connection, to appoint a special board of state licensed pilots to supervise the training and instructions of those persons seeking eligibility to apply for a pilot’s license, and to certify their experience, competency, ability, knowledge, skill, aptitude, education, and training in accordance with criteria established by the commission and in accordance with the rules and regulations of the commission;
  11. To require an applicant for a license or a licensed pilot to submit proof of the applicant’s mental or physical capability to serve or continue to serve;
  12. To institute proceedings in the appropriate courts in this state to restrain and enjoin actions when any violation of this chapter or rule promulgated thereunder has occurred or is threatened by any person;
  13. To require holders of licenses or certificates, and applicants for licenses or certificates, to submit pertinent information under oath necessary to determine their qualifications or to enforce the provisions of this chapter;
  14. To regulate the station and operation of any pilot boat within the waters of the state used for the purpose of boarding or disembarking any pilot and to designate the areas in which the vessels shall be boarded or left by the pilots; and
  15. To require the reporting of all maritime accidents pursuant to the regulations of the commission.
  16. Within ninety (90) days after the end of each fiscal year, the commission shall approve and 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: an operating statement summarizing meetings or hearings held, meeting minutes if requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the commission; a summary of any training courses held pursuant to subsection 46-9-5(d) ; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically on the general assembly and the secretary of state’s websites as prescribed in § 42-20-8.2 of the Rhode Island general laws. The director of the department of administration shall be responsible for the enforcement of this provision.

History of Section. P.L. 1981, ch. 388, § 2; P.L. 2006, ch. 24, § 1; P.L. 2006, ch. 33, § 1.

46-9-7. Qualifications for original license.

Every person who shall apply for an original license to act as a pilot in the waters of this state north of a line drawn from Point Judith to Sakonnet Point shall be a citizen or legal resident of the United States; shall possess a master’s license of unlimited tonnage, (any oceans) issued by a duly constituted authority of the United States; shall possess a federal first-class pilot’s endorsement covering the section of the waters of this state required by commission rules; shall possess a state’s pilot’s license for the waters of Block Island Sound; shall have completed training in his or her duties as a pilot over the route under the supervision of the board of state licensed pilots appointed by the commission for this purpose pursuant to commission rules; and shall conform to physical and mental standards and possess professional experience and qualifications as the commission shall, from time to time, establish and require.

History of Section. P.L. 1981, ch. 388, § 2; P.L. 1988, ch. 84, § 111; P.L. 1996, ch. 164, § 8.

46-9-8. Regulation of pilot boats.

Every vessel, boat, or launch of any draft, size, or tonnage, used for the purpose of transporting from the Rhode Island shoreline to a vessel in Narragansett Bay south of the Newport and Jamestown Bridges or, in Rhode Island Sound and in Block Island Sound, a pilot or any person intending to pilot a vessel shall be in compliance with the rules and regulations established by the state pilotage commission regarding the construction, safety, equipment, manning, and operations of the vessel, boat, or launch; provided, however, that nothing in this section shall be construed to limit the jurisdiction of the commission to regulate the vessels, boats, or launches in other waters subject to this chapter. Further, the owner or operator of the vessel, boat, or launch shall secure and hold a current certificate of compliance issued by the state pilotage commission.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-9. Temporary pilot licenses — Emergencies.

In the event of a national or domestic emergency, the commission may issue temporary pilot licenses, to persons not meeting the qualifications in § 46-9-7 , to serve as long as the emergency shall exist or until such time as the pilots so licensed can be replaced by persons meeting the qualifications prescribed in § 46-9-7 .

History of Section. P.L. 1981, ch. 388, § 2.

46-9-10. Examination of applicants.

  1. The commission shall conduct the examination of applicants for pilot’s licenses, at a time and place as it shall, after due notice, direct. It shall examine the applicants with relation to their qualifications for the office of pilot. Each applicant shall be examined in particular concerning his or her knowledge of the tides, depths, bearings, and distances of the shoals, rocks, bars, and points of land and night lights in the navigation for which he or she applies for a license to act as pilot, and also touching any other matter relating thereto which the commission may deem proper.
  2. If, upon examination, the commission finds the person so applying to:
    1. Possess the requisite physical and mental standards;
    2. Be of good character and temperate habits; and
    3. Have sufficient ability, knowledge, aptitude, and skill, and professional experience, and to have satisfied the requisites of § 46-9-7 , the commission shall grant him or her such class of license to act as pilot as it shall deem advisable.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-11. Deferment of applications for future examination.

If the commission, after a public hearing duly called, deems that the number of licensed pilots is sufficient to meet the demands of commerce in the waters of this state, it shall place the names of the subsequent applicants on file for future examination and licensing in the order in which the applications are filed.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-12. Duration and renewal of licenses.

Any license issued under this chapter shall run for a period of five (5) years from the date of issue thereof unless otherwise terminated, revoked, or suspended. Licenses may be renewed in accordance with the procedures set forth in the commission’s rules and regulations.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-13. License fees.

Every application for a license to act as a pilot in the waters of this state shall be accompanied by a fee of one hundred dollars ($100) payable to the State of Rhode Island. Every pilot who shall request a renewal of his or her license shall pay to the State of Rhode Island a fee of twenty dollars ($20.00).

History of Section. P.L. 1981, ch. 388, § 2; P.L. 1990, ch. 324, § 5.

46-9-14. Fall River pilots.

A person holding a Massachusetts pilot’s license for the port of Fall River may, upon application to the commission and payment of a fee of fifty dollars ($50.00) to the State of Rhode Island and satisfactorily passing an examination given by the commission under this chapter covering those waters in Rhode Island which are normally used by shipping when entering or departing from the port of Fall River, be issued a Rhode Island license limited to those waters of the state for which he or she was examined, and the issuance of this license shall also be subject to such other provisions of this chapter as the commission shall deem applicable; provided, however, that the holder of the license shall not cause any vessel to stop at any Rhode Island port.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-15. Prior licensees.

Any person holding a pilot’s license which was valid on May 26, 1981, shall be deemed to be licensed under the provisions of this chapter.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-16. Pilot’s bond.

No person shall receive a license or exercise the office of pilot until he or she has given to the general treasurer of the State of Rhode Island a bond with two (2) sureties to be approved by the commission, or a surety bond of a surety company authorized to transact business in this state, in the sum of twenty-five thousand dollars ($25,000), conditioned upon the faithful performance of the duties of his or her office and upon compliance with the rules and regulations of the commission.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-17. Liability for fees.

The master, owner, agent, or consignee entering or clearing a vessel at any port in this state shall be jointly and severally liable for pilotage fees at the rates prescribed by the rules and regulations of the commission.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-18. Lien for pilotage fees.

Every licensed pilot shall have a lien for his or her pilotage fees, for the period of one year, upon the hull and appurtenances of any vessel liable to him or her therefore.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-19. Commissions prohibited.

No master, agent, owner, or consignee shall charge a commission or receive any payment, directly or indirectly, for the assignment of pilotage, nor shall any pilot pay or offer to pay to any person any commission for the assignment of pilotage.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-20. Accounts of fees — Payments to state — Use of funds.

  1. Once every month every pilot or his or her agent shall render to the commission an accurate account of all vessels subject to this chapter piloted by him or her, and of all money received by him or her for pilotage of those vessels, and shall pay to the State of Rhode Island a percentage of the amount thereof. The percentage shall be established by rule and regulation adopted by the commission pursuant to this chapter. Pilots shall add a percentage to the rates established by the commission when they perform the service of piloting any vessel subject to this chapter and collect the percentage in like manner as they are authorized to collect pilotage fees.
  2. The general treasurer shall deposit those amounts payable to the State of Rhode Island under this section into the general fund as general revenue. General revenues shall be appropriated for use by the department for the following purposes:
    1. To monitor the transit of vessels into, through, and out of Narragansett Bay;
    2. To monitor pilots as they conduct vessels into, through, and out of Narragansett Bay;
    3. To fund and support programs and activities to promote and ensure the safe guidance of ships into, through, and out of Narragansett Bay.

History of Section. P.L. 1981, ch. 388, § 2; P.L. 1990, ch. 324, § 5; P.L. 1995, ch. 370, art. 40, § 154.

46-9-21. Payment of pilotage fees.

The master, owner, or operator of every vessel subject to this chapter shall make available to the local agent on the vessel’s arrival, pilotage fees as part of the vessel’s port performance payments for expeditious disbursement to the attending pilots. The payment of the pilotage fees may be demanded on the vessel’s departure.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-22. Grounds for disciplinary action.

The commission may suspend any pilot for any period that it may deem proper, and may revoke and annul any pilot’s license which shall be issued under this chapter, upon satisfactory proof that:

  1. The pilot has willfully disobeyed or violated the provisions of this chapter or any rule or regulation made and established by the commission; or
  2. The pilot has negligently lost or damaged any vessel under his or her care; or
  3. The pilot is so addicted to the habits of intoxication, or the use of any drug, as to be unfit to be entrusted with the charge of a vessel; or
  4. The pilot is so mentally or physically incapable as to be unfit to carry on the duties of a pilot.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-22.1. Grounds for minor disciplinary action.

The commission may suspend any pilot’s license for a period of not to exceed three (3) months upon satisfactory proof that:

  1. The pilot took charge of a vessel drawing more water than his or her license authorized; or
  2. The pilot has been guilty of any misconduct or neglect of duty detrimental to the business of piloting; or
  3. The pilot neglects or refuses to appear, without justifiable cause, before the commission after having been duly notified to appear.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-22.2. Chemical test — Consent — Administration — Use as evidence — Refusal to submit.

  1. Any pilot who operates a vessel within the waters of this state shall be deemed to have given his or her consent to a chemical test of his or her breath, blood, and/or urine for the purpose of determining the chemical content of his or her body fluids or breath, provided that the test shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating a vessel within the waters of this state while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof. The director of the department of health is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person’s body fluids or breath, and the qualifications and certification of individuals authorized to administer such testing and analysis. When a person is required to submit to a blood test, only a physician or registered nurse or a medical technician certified under regulations promulgated by the director of the department of health may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath or urine specimens. The person tested shall be permitted as soon as reasonably possible to have a physician of his or her own choosing and at his or her own expense administer a chemical test of his or her breath, blood, and/or urine in addition to the one administered at the direction of the law enforcement officer.
  2. In any criminal prosecution for a violation of any provision of this chapter, evidence as to the amount of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination thereof, in the defendant’s blood at the time alleged as shown by a chemical analysis of the defendant’s breath, blood, or urine or other bodily substance, shall be admissible and competent, provided, that the defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify, and that additional competent evidence is presented bearing on the question whether or not the defendant was under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof.
  3. If any pilot refuses, upon the request of a law enforcement officer or any agent of the commission, to submit to a test as provided in subsection (a) above, none shall be given, but the commission, if it finds that the law enforcement officer or commission agent had reasonable grounds to believe the pilot had been operating a vessel within the waters of this state under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, that the defendant has been informed of his or her rights in accordance with subsections (a) and (b), above, that the defendant was afforded a reasonable opportunity to exercise those rights, that the defendant had been informed of the penalties incurred as a result of noncompliance with this section, and that the person has refused to submit to the test upon request of the law enforcement officer or commission agent, shall, from the date of the official order of suspension, impose a mandatory license suspension of six (6) months for the first violation, and a mandatory license suspension of one year for the second violation; provided, however, that the commission may suspend for a longer period or revoke or annul the license of any pilot charged with a violation of this section, if presented with competent evidence bearing and upon satisfactory proof that the pilot has violated the provisions of § 46-9-22 or § 46-9-23 .

History of Section. P.L. 1989, ch. 316, § 1; P.L. 1989, ch. 363, § 1.

Collateral References.

Authentication of organic nonblood specimen taken from human body for purposes of analysis. 78 A.L.R.5th 1.

46-9-23. Contest — Notice and opportunity to be heard.

Whenever there is a contested case concerning the granting, denial, revocation, or other action concerning a pilot’s license, the commission shall provide the pilot with notice and an opportunity to be heard, and shall, in this respect, and all others concerning the contested case, conform to the practices required by the Administrative Procedures Act, chapter 35 of title 42.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-24. Reinstatement following suspension.

Any pilot whose license has been suspended may, following the expiration of the period of his or her suspension, be eligible for the reinstatement of his or her license; subject to any conditions that may be imposed by the commission in accordance with this chapter and subject to any rules and regulations that may be in effect at that time.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-25. Appeals from commission.

Any person aggrieved by a decision of the commission under the provisions of this chapter may obtain judicial review under the provisions of chapter 35 of title 42.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-26. Penalty for violations.

Any person who shall violate any provision of this chapter, or any rule, regulation, or order issued by the commission pursuant thereto, shall be subject to a civil penalty, to be assessed by the commission, of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). In the case of a continuing violation, each day’s continuance thereof shall be deemed to be a separate and distinct offense.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-27. Criminal penalty for intentional or grossly negligent violation — Felony.

Any person who shall intentionally, or through grossly negligent behavior, violate any provision of this chapter or any rule or regulation promulgated by the commission under the provisions of this chapter or any order issued by the commission pursuant to this chapter or any person who shall cause the violation, shall be deemed guilty of a felony punishable by imprisonment for not more than one year, or by a fine of not more than ten thousand dollars ($10,000), or both.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-28. Penalties — Misdemeanor.

Any person who violates any provision of this chapter or any rule, regulation, or order adopted or issued pursuant to this chapter, shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than thirty (30) days, or both; and every such person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-29. Proceedings for enforcement — Injunctive relief.

The superior court for Providence County shall have jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant thereto. Proceedings for enforcement may be instituted and prosecuted in the name of the chairperson of the commission, and in any proceeding in which injunctive relief is sought, it shall not be necessary for the chairperson to show that, without the relief, the injury which will result will be irreparable, or that the remedy at law is inadequate.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-30. Surrender of suspended or revoked license.

A pilot whose license has been revoked or suspended shall surrender his or her license to the commission who shall retain it until the period of his or her suspension shall expire.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-31. Appropriations.

The general assembly shall annually appropriate a sum as may be necessary to carry out the provisions of this chapter; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment thereof or so much thereof as may be necessary from time to time upon duly authenticated vouchers approved by the chairperson of the commission.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-32. Quarters and personnel for commission.

The director of the department of environmental management shall provide the commission with quarters for its activities and shall furnish the commission with secretarial and other personnel as shall be required by the commission.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-33. Repealed.

Repealed Sections.

Former § 46-9-33 (P.L. 1981, ch. 388, § 2; P.L. 1985, ch. 181, art. 39, § 1; P.L. 1989, ch. 315, § 1), concerning termination of the authority of the state pilotage commission, was repealed by P.L. 1990, ch. 324, § 7, effective July 10, 1990.

46-9-34. Severability.

If any provision of this chapter or of any rule, regulation, or determination made thereunder, or the application thereof to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1981, ch. 388, § 2.

46-9-35. Inspection — Fees.

The director of the department of environmental management shall have the authority to inspect all vessels on behalf of the pilotage commission for the purpose of enforcing this chapter. The director shall charge a fee of fifteen dollars ($15.00) for each vessel so inspected. The director shall place all money collected pursuant to this section into a restricted receipt account entitled the “Vessel Pilot Inspection Program” and shall use the money collected to support activities under this chapter.

History of Section. P.L. 1990, ch. 324, § 6.

Chapter 9.1 Pilots — Block Island Sound

46-9.1-1. Legislative declaration.

The findings and declaration made by § 46-9-1 are hereby made applicable to this chapter.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-2. Definitions.

For the purposes of this chapter, and as used herein the following terms shall have the following meanings:

  1. “Block Island Sound”  means the waters of the state west of a line drawn from the easterly point of Point Judith to the southeasterly point of Block Island and north of a line drawn from the southeasterly point of Block Island to the easterly point of Montauk Point, Long Island, New York.
  2. “Block Island Sound pilot license”  means a license issued to a person to pilot vessels in Block Island Sound by the state pilotage commission under the provisions of this chapter.
  3. “Commission”  means the state pilotage commission created under the provisions of chapter 9 of this title, as amended, entitled “Pilots.”
  4. “Concurrent register”  means that every foreign vessel and every American vessel engaged in foreign trade coming into and going out of waters common to the water boundaries of the State of Rhode Island and the water boundaries of any other state or states shall be regulated by the provisions of this chapter and the rules promulgated thereunder, and by the provisions of the statute or statutes of any other state or states having concurrent jurisdiction with Rhode Island over the vessels and the rules and regulations promulgated pursuant to the other state or states statutes.
  5. “Enrollment”  means that every American vessel engaged in coastwise trade from one United States port to another United States port is enrolled with the United States Coast Guard, and every vessel is bound by the rules and regulations promulgated by the United States Coast Guard.
  6. Register“  means that every foreign vessel and every American vessel engaged in foreign trade coming into and going out of Rhode Island Sound waters and Block Island Sound waters shall be regulated by the provisions of this chapter and the rules and regulations promulgated thereunder by the commission.
  7. “Rhode Island Sound”  means the waters of the state north of a line drawn from the easterly point of Point Judith to the southwesterly point of Sakonnet Point.
  8. “Rhode Island Sound pilot license”  means a license issued to a person to pilot vessels in Rhode Island Sound by the state pilotage commission under the provisions of chapter 9 of this title.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-3. Pilotage commission — Control — Compensation.

  1. The Rhode Island state pilotage commission created under the provisions of chapter 9 of this title, entitled “Pilots”, shall have control and jurisdiction over pilotage of vessels entering or departing from any port or landing place of the state or transversing the waters of Block Island Sound.
  2. Members of the commission shall not be compensated for their services on the board, but shall be entitled to the reimbursement of their travel expenses.

History of Section. P.L. 1971, ch. 128, § 1; P.L. 2005, ch. 117, art. 21, § 31.

46-9.1-4. Powers and duties of commission.

The commission shall perform the duties set forth in this section and any other duties as may be provided by law:

  1. Make, establish, and enforce rules and regulations, not inconsistent with law, which shall be binding and effectual upon all pilots licensed by the commission, and upon all parties employing pilots; and, from time to time, revise or amend the rules and regulations as may be necessary to enable the commission to carry into effect the provisions of this chapter;
  2. Make and establish rates of pilotage for such vessels as are subject to the provisions of this chapter;
  3. Establish and determine the qualifications of any person applying for a pilot’s license, and conduct examinations;
  4. Issue, suspend, or revoke any pilot’s license in accordance with the provisions of this chapter;
  5. Cause the laws, rules, and regulations concerning pilots and pilotage matters to be fully observed and executed;
  6. Hear and decide complaints made in writing against any pilot for any misbehavior or neglect of or breach of rules or regulations, which it shall deem material to be investigated;
  7. Hear and decide complaints made in writing by any pilot against any charterer, owner, agent, master, or sailor of a vessel for any misbehavior toward the pilot in the performance of his or her duty, or any breach of the rules and regulations;
  8. Administer oaths and compel the attendance of witnesses at any hearings that it may conduct;
  9. Make an annual report to the director of transportation for the preceding calendar year, together with the amounts of pilotage collected by the pilots and the amounts paid to the state.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-5. Vessels required to take licensed state pilot.

  1. Every foreign vessel and every American vessel under register entering or departing from any port or landing place of the state or transversing the waters of Block Island Sound shall take a pilot licensed under this chapter or under the laws of any other state having concurrent jurisdiction over these waters; and the vessels shall be subject to rules and regulations promulgated by the commission. In the case of a refusal to take a licensed pilot, the master, owner, agent, or consignee of the vessel shall pay the established pilotage fee as if a pilot had been employed.
  2. Every vessel transporting petroleum products within the Block Island Sound waters of this state shall be required to have aboard a pilot who is licensed by this state, or any other state having concurrent jurisdiction over the waters, unless the vessel is a common carrier and its owner holds a certificate of convenience and necessity from the division of public utilities and carriers of this state or a like certificate from any other state having concurrent jurisdiction over the waters.

History of Section. P.L. 1971, ch. 128, § 1.

NOTES TO DECISIONS

Jurisdiction.

Block Island Sound is a bay within the meaning of 46 U.S.C. § 211 (see now 46 U.S.C. § 8501) and as such Rhode Island may properly enact a statute requiring that vessels transversing Block Island Sound be piloted by persons licensed by the State Pilotage Commission and establish a penalty for violations. Warner v. Replinger, 397 F. Supp. 350, 1974 U.S. Dist. LEXIS 7787 (D.R.I. 1974); Warner v. Dunlap, 532 F.2d 767, 1976 U.S. App. LEXIS 12120 (1st Cir. 1976), cert. dismissed, 470 U.S. 1024, 105 S. Ct. 1387, 84 L. Ed. 2d 405, 1985 U.S. LEXIS 1229 (1985).

46-9.1-6. Vessels not required to take pilots.

The provisions of this chapter shall not apply to vessels navigating under a certificate of enrollment or to fishing vessels. If any such vessel shall take on a pilot, the pilot shall be entitled to receive, as compensation for his or her services, pilotage fees in an amount not to exceed the rates established by the commission.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-7. Lien for pilotage fees.

Every licensed Block Island Sound pilot shall have a lien for his or her pilotage fees, for the period of sixty (60) days, upon the hull and appurtenances of any vessel liable to the pilot therefor.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-8. Accounting by pilots — Fraudulent return.

Once in every three (3) months every pilot shall render to the commission an accurate account of all vessels subject to the provisions of this chapter piloted by him or her, and of all moneys received by the pilot for pilotage of those vessels. Any pilot who shall fraudulently make a false return shall forfeit and pay to the State of Rhode Island the sum of fifty dollars ($50.00) for each fraudulent return, and shall be liable for any other penalties which may be invoked by the commission under the provisions of § 46-9.1-18 .

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-9. Liability for pilotage fees.

The master, owner, agent, or consignee entering or clearing a vessel at any port or landing place in this state or of a vessel transversing the waters of Block Island Sound shall be jointly and severally liable for pilotage fees at the rates prescribed by the rules and regulations of the commission.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-10. Use of unlicensed pilots — Penalties.

  1. It shall be unlawful for the master, owner, agent, or consignee of any vessel, not exempt from the provisions of this chapter, entering or departing from any port or landing place of the state or transversing the waters of Block Island Sound, to take on any person not licensed as a Block Island Sound pilot under this chapter or any person not licensed as such a pilot under the laws of any state having concurrent jurisdiction over the waters to pilot a vessel in those waters.
  2. It shall be unlawful for any person not licensed as a Block Island Sound pilot or any person not licensed as such a pilot by any state having concurrent jurisdiction over the waters of Block Island Sound, to pilot or offer to pilot a vessel, not exempt from the provisions of this chapter, entering or departing from any port or landing place of the state or transversing the waters of Block Island Sound. It shall likewise be unlawful for any master or person on board a tug or towboat to tow a vessel transversing the waters of Block Island Sound unless the vessel shall have on board a duly licensed state pilot.
  3. Violation of the provisions of subsections (a) and (b) of this section shall be a misdemeanor punishable by a fine not to exceed five hundred dollars ($500), or by imprisonment not to exceed one year, or both.

History of Section. P.L. 1971, ch. 128, § 1.

NOTES TO DECISIONS

Jurisdiction.

Block Island Sound is a bay within the meaning of 46 U.S.C. § 211 (see now 46 U.S.C. § 8501) and as such Rhode Island may properly enact a statute requiring that vessels transversing Block Island Sound be piloted by persons licensed by the State Pilotage Commission and establish a penalty for violations. Warner v. Replinger, 397 F. Supp. 350, 1974 U.S. Dist. LEXIS 7787 (D.R.I. 1974); Warner v. Dunlap, 532 F.2d 767, 1976 U.S. App. LEXIS 12120 (1st Cir. 1976), cert. dismissed, 470 U.S. 1024, 105 S. Ct. 1387, 84 L. Ed. 2d 405, 1985 U.S. LEXIS 1229 (1985).

46-9.1-11. Qualifications of licensee.

Every person who shall, after June 25, 1971 apply for a license to act as a pilot in the waters of this state, shall be a citizen or legal resident of the United States; shall possess a master’s license with a federal first class pilot’s endorsement covering the waters of Block Island Sound for which he or she makes an application; and shall conform to such physical and mental standards as the commission shall from time to time establish.

History of Section. P.L. 1971, ch. 128, § 1; P.L. 1996, ch. 164, § 9.

46-9.1-12. Examination of applicants.

The commission shall conduct an examination for applicants for pilots’ licenses at a time and place that it shall, after due notice, direct. It shall examine the applicants with relation to their qualifications for the office of pilot. Each applicant shall be examined in particular concerning his or her knowledge of the tides, depths, bearings, and distances of the shoals, rocks, bars, and points of land and night lights in the navigation for which he or she applies for a license to act as pilot, and also touching any other matter relating thereto which the commission may deem proper. If, upon examination, the commission finds the person so applying to:

  1. Possess the requisite physical and mental standards;
  2. Be of good character and temperate habits; and
  3. Have sufficient ability, knowledge, aptitude, and skill;

    the commission shall grant him or her such class of license to act as a pilot as it shall deem advisable.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-13. Deferment of applications for future examination.

If the commission, after a public hearing duly called, deems that the number of licensed pilots is sufficient to meet the demands of commerce in the waters of this state, it shall place the names of the subsequent applicants on file for future examination and licensing in the order in which the applications are filed.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-14. Duration and renewal of licenses.

Any license issued under this chapter shall run concurrently with the applicant’s federal license issued by a duly constituted authority of the United States for the applicable waters of this state, and may be renewed upon renewal of the federal license.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-15. License fees.

Every application for a license to act as a pilot in the waters of this state shall be accompanied by a fee of twenty-five dollars ($25.00) payable to the State of Rhode Island. Every pilot who shall request a renewal of his or her license shall pay to the State of Rhode Island a fee of five dollars ($5.00).

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-16. Bond.

No person shall receive a license or exercise the office of pilot until he or she has given to the general treasurer of the State of Rhode Island a bond with two (2) sureties to be approved by the commission, or a surety bond of a surety company authorized to transact business in this state, in the penal sum of one thousand dollars ($1,000), conditioned upon the faithful performance of the duties of his or her office and upon his or her obedience of the rules and regulations of the commission; provided, however, if any person has given a bond to the general treasurer under the provisions of chapter 9 of this title, he or she will not be required to give a second bond under this chapter.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-17. Repealed.

Repealed Sections.

Former section 46-9.1-17 (P.L. 1971, ch. 128, § 1) concerning prior licenses of applicants for Block Island Sound pilot license was repealed by P.L. 1988, ch. 84, § 112, effective May 27, 1988.

46-9.1-18. Suspension or revocation of pilot’s licenses.

  1. The commission may suspend any pilot for any period that it may deem proper, and may revoke and annul any pilot’s license which shall be issued under this chapter, upon satisfactory proof that:
    1. The pilot has willfully disobeyed or violated the provisions of this chapter or any rule or regulation made and established by the commission; or
    2. The pilot has negligently lost or damaged any vessel under the pilot’s care; or
    3. The pilot is so addicted to the habits of intoxication as to be unfit to be entrusted with the charge of a vessel; or
    4. The pilot is so mentally or physically incapable as to be unfit to carry on the duties of a pilot.
  2. The commission may suspend any pilot’s license for a period of not to exceed three (3) months upon satisfactory proof that:
    1. The pilot took charge of a vessel drawing more water than the pilot’s license authorized; or
    2. The pilot has been guilty of any misconduct or neglect of duty detrimental to the business of piloting; or
    3. The pilot neglects or refuses to appear, without justifiable cause, before the commission after having been duly notified to appear;
  3. The pilot so suspended, at any time, upon due notice, may appeal to the commission for a rehearing of his or her case, and the commission shall have power to confirm or reverse its previous decision.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-19. Notice and hearing before revocation or suspension of license.

Before any person shall be proceeded against on any complaint, and before any pilot shall be removed or suspended, the person or pilot shall be notified in writing to appear before the commission. The notice shall specify the nature and substance of the complaint and shall be served personally, or be left at his or her last and usual place of abode, at least fifteen (15) days before the time fixed in the notice for his or her appearance.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-20. Reinstatement following suspension.

Any pilot whose license has been suspended shall, following the expiration of the period of his or her suspension, be entitled to the reinstatement of his or her license; provided, the pilot shall possess the same qualifications he or she had at the time the pilot received his or her first license as in this chapter provided.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-21. Penalties.

  1. Acting as pilot while under suspension.  Any pilot whose license has been suspended or revoked who shall, during the period of his or her suspension or after the revocation of his or her license, act as a pilot, shall be subject to a fine of not to exceed five hundred dollars ($500) and such disciplinary action as the commission shall deem advisable. Each violation shall be deemed a separate offense.
  2. Surrender of license.  A pilot whose license has been revoked or suspended shall surrender his or her license to the commission who shall retain it until the period of his or her suspension shall expire. Any suspended pilot who refuses to surrender his or her license on demand shall be subject to a fine of not to exceed five hundred dollars ($500), and the commission may cause to be published in a newspaper published in the State of Rhode Island a notice that such person has no authority to act as a pilot unless and until reinstated according to law.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-22. Appeals.

Appeals from administrative orders or decisions made pursuant to any provisions of this chapter shall be to the sixth division district court pursuant to chapter 35 of title 42, the Administrative Procedures Law.

History of Section. P.L. 1971, ch. 128, § 1; P.L. 1982, ch. 388, §§ 3, 16.

46-9.1-23. Appropriations.

The general assembly shall annually appropriate such sum as may be necessary to carry out the provisions of this chapter; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment thereof or so much thereof as may be necessary from time to time upon duly authenticated vouchers approved by the chairperson of the commission.

History of Section. P.L. 1971, ch. 128, § 1.

46-9.1-24. License without examination — Reciprocity.

A Block Island Sound license may be issued to an applicant who has been duly licensed or certified as a pilot under the laws of another state, territory, or foreign country when the requirements are substantially equivalent to or exceed the requirements of the examination offered by the commission and if the applicant otherwise meets the qualifications required by this chapter; provided, however, that the state, territory, or foreign country in which the person is licensed extends to licensed Block Island Sound pilots of this state a similar privilege.

History of Section. P.L. 1971, ch. 128, § 1.

Chapter 10 Shipwrecks

46-10-1. Appointment of town commissioners of wrecks and shipwrecked goods — Bond.

The town council of every town, the territorial limits of which extend to the seashore, except the town of New Shoreham, shall annually appoint a commissioner of wrecks and shipwrecked goods, with power to appoint one or more deputies. Every commissioner of wrecks and shipwrecked goods shall give bond with sufficient surety or sureties to the town treasurer of the town wherein the commissioner shall be appointed, in the sum of five thousand dollars ($5,000) for the faithful performance of the duties of the commissioner’s office.

History of Section. G.L. 1896, ch. 119, § 18; G.L. 1909, ch. 145, § 18; G.L. 1923, ch. 150, § 18; G.L. 1938, ch. 115, § 18; G.L. 1956, § 46-10-1 .

Comparative Legislation.

Shipwrecks:

Conn. Gen. Stat. § 15-11a.

Mass. Ann. Laws ch. 91, § 38 et seq.

46-10-2. Commissioner to take charge of wrecked property.

The commissioner shall, immediately on receiving information of any shipwreck within his or her jurisdiction or of the finding of any shipwrecked goods or property of any kind in value to the amount of twenty dollars ($20.00) or more upon the shore, repair to the place where the property may be found, and, in case the property shall not be in the custody of the owner or an agent of the owner, the commissioner shall take charge of the property and shall preserve and secure the property for the owner.

History of Section. G.L. 1896, ch. 119, § 19; G.L. 1909, ch. 145, § 19; G.L. 1923, ch. 150, § 19; G.L. 1938, ch. 115, § 19; G.L. 1956, § 46-10-2 .

Cross References.

Removal of obstructions generally, § 46-6-8 et seq.

Collateral References.

Validity, construction, and application of Abandoned Shipwreck Act of 1987 (43 U.S.C.S. §§ 2101 et seq.). 163 A.L.R. Fed. 421.

46-10-3. Employment of assistants by commissioner — Disobedience of orders.

The commissioner, if he or she thinks it is necessary, may employ persons to assist in preserving the property, may appoint guards to secure the property, and may suppress all tumults and disorders. If any person shall disobey any lawful order of the commissioner given in discharging the duties of his or her office, the person shall, for every offense, forfeit twenty dollars ($20.00), to be recovered in an action in the name of the commissioner to the use of the town.

History of Section. G.L. 1896, ch. 119, § 20; G.L. 1909, ch. 145, § 20; G.L. 1923, ch. 150, § 20; G.L. 1938, ch. 115, § 20; G.L. 1956, § 46-10-3 .

46-10-4. Inventory of property — Compensation and reimbursement of commissioner.

The commissioner shall, upon finding any wreck or shipwrecked goods, take an inventory of all the property that shall come into his or her possession; and, whenever required by the owner of the property or the owner’s agent or by any insurance company or underwriter or other person interested in the property, he or she shall make an oath to the truth of the inventory and shall deliver a copy thereof, together with all the property to the owner, agent, or other person lawfully authorized to receive it; provided, that there shall be paid or secured to be paid to the commissioner a reasonable compensation for the commissioner’s services and expenses and any customhouse duties and other charges, if any, that he or she shall have paid or become liable to pay on or for the property in question.

History of Section. G.L. 1896, ch. 199, § 21; G.L. 1909, ch. 145, § 21; G.L. 1923, ch. 150, § 21; G.L. 1938, ch. 115, § 21; G.L. 1956, § 46-10-4 .

46-10-5. Arbitration of amount due commissioner — Action at law.

If the commissioner and the other party shall not agree on the sum so due the commissioner, the matter in dispute may be submitted to three (3) arbitrators selected from the citizens of the state, for settlement; one of the arbitrators shall be chosen by the commissioner, one by the other party, and the third by the two (2) already selected. If the parties shall not agree to submit the case to arbitrators, or if the case is submitted and either party is dissatisfied with the decision of the arbitrators, the case may be decided in a civil action, to be commenced and prosecuted as the circumstances may require, unless the case shall be a matter within the exclusive jurisdiction of the courts of the United States.

History of Section. G.L. 1896, ch. 119, § 22; G.L. 1909, ch. 145, § 22; G.L. 1923, ch. 150, § 22; G.L. 1938, ch. 115, § 22; G.L. 1956, § 46-10-5 .

46-10-6. Compensation due persons other than commissioner — Appeal.

No owner or other person interested in any shipwrecked goods shall be held to pay to any person, other than the commissioner, any charge for services or expenses in taking or securing the property, unless it be for property taken or secured before the arrival of the commissioner, in which case the commissioner shall, upon due hearing of all parties interested, determine the compensation to be received; and any party dissatisfied with the award of the commissioner may appeal therefrom according to the provisions of law with reference to appeals from town councils for the county in which the wreck or shipwrecked goods may be found.

History of Section. G.L. 1896, ch. 119, § 23; C.P.A. 1905, § 1123; G.L. 1909, ch. 145, § 23; G.L. 1923, ch. 150, § 23; G.L. 1938, ch. 115, § 23; G.L. 1956, § 46-10-6 .

46-10-7. Penalty for unauthorized intermeddling with property.

Every person who shall after the arrival of the commissioner take, detain, or intermeddle with any property shipwrecked or found as aforesaid, except under the direction of the commissioner or of the owner, agent, or other person interested, provided, that the owner, agent, or other person interested, has possession of the property, shall forfeit one thousand dollars ($1,000) for such offense, to be recovered in the name of the commissioner, one-half (1/2) thereof to the use of the commissioner and one-half (1/2) thereof to the use of the person lawfully authorized to receive the property.

History of Section. G.L. 1896, ch. 119, § 24; G.L. 1909, ch. 145, § 24; G.L. 1923, ch. 150, § 24; G.L. 1938, ch. 115, § 24; G.L. 1956, § 46-10-7 .

46-10-8. Publication of notice of finding of wreck.

The commissioner, as soon as may be after a wreck or shipwrecked goods shall be found, shall publish the particulars of the shipwreck or goods found, with any other material facts that he or she shall ascertain, in some daily newspaper published in the city of Providence, in order that knowledge thereof may be given as soon as possible to the owner, agent, or person interested; and if the commissioner shall neglect to do so, he or she shall forfeit one hundred dollars ($100), to be recovered in an action at the suit of the owner, agent, or person interested, to his or her own use.

History of Section. G.L. 1896, ch. 119, § 25; G.L. 1909, ch. 145, § 25; G.L. 1923, ch. 150, § 25; G.L. 1938, ch. 115, § 25; G.L. 1956, § 46-10-8 ; P.L. 1988, ch. 84, § 113.

46-10-9. Sale of property to pay duties.

The commissioner may, within thirty (30) days after taking into his or her custody the property so found, sell at public auction so much thereof as shall be sufficient to pay all duties thereon, which he or she shall have paid or for which he or she shall become liable to the customhouse.

History of Section. G.L. 1896, ch. 119, § 26; G.L. 1909, ch. 145, § 26; G.L. 1923, ch. 150, § 26; G.L. 1938, ch. 115, § 26; G.L. 1956, § 46-10-9 .

46-10-10. Sale of perishable goods or goods subject to reduction in value — Accounting.

If the shipwrecked goods found be of a perishable nature or be much reduced in value by keeping, and if no owner or agent or other person interested appear to take the goods, the commissioner shall immediately advertise the goods in one of the daily newspapers published in the city of Providence, and also by posting notices in the town in which the goods shall be so found, and shall within six (6) days sell the goods at public auction to the highest bidder; and the commissioner shall within twenty (20) days after the sale render a just and true account in writing, subscribed by the commissioner to the town treasurer, of all the goods sold by the commissioner.

History of Section. G.L. 1896, ch. 119, § 27; G.L. 1909, ch. 145, § 27; G.L. 1923, ch. 150, § 27; G.L. 1938, ch. 115, § 27; G.L. 1956, § 46-10-10 .

46-10-11. Inventory and accounting for unclaimed property — Delivery to town.

If no owner or agent or other person interested in the shipwrecked property shall appear and establish his or her claim within one year after it shall have been taken into the custody of the commissioner, the commissioner shall render to the town treasurer of the town an inventory of the property, and, if sold, an account of all money in the commissioner’s hands and paid by the commissioner for duties on the property and for expenses of securing and preserving the property, and the commissioner shall make an oath to the truth of the inventory and account and shall pay and deliver the balance of the account, with all the property remaining in the commissioner’s hands, to the town treasurer for the use of the town.

History of Section. G.L. 1896, ch. 119, § 28; G.L. 1909, ch. 145, § 28; G.L. 1923, ch. 150, § 28; G.L. 1938, ch. 115, § 28; G.L. 1956, § 46-10-11 .

46-10-12. Compensation of commissioner for property delivered to town.

The town council may grant the commissioner such compensation for his or her services and expenses as shall be just, to be ascertained, in case of disagreement between the commissioner and town council, in the same manner as provided in § 46-10-5 for the adjustment of the like question between the commissioner and the owner of the property.

History of Section. G.L. 1896, ch. 119, § 29; G.L. 1909, ch. 145, § 29; G.L. 1923, ch. 150, § 29; G.L. 1938, ch. 115, § 29; G.L. 1956, § 46-10-12 .

46-10-13. Suit by town for unclaimed property.

If the commissioner shall, for the space for sixty (60) days after the expiration of the year limited for the commissioner’s accounting to the town treasurer in § 46-10-11 , neglect to present his or her inventory and account before mentioned and to pay and deliver the balance due thereon, together with all the property remaining in the commissioner’s hands, the town treasurer shall cause a suit to be commenced in the treasurer’s name therefor for the use of the town, and shall prosecute the suit to final judgment and execution.

History of Section. G.L. 1896, ch. 119, § 30; G.L. 1909, ch. 145, § 30; G.L. 1923, ch. 150, § 30; G.L. 1938, ch. 115, § 30; G.L. 1956, § 46-10-13 .

46-10-14. Bond of director.

The director of the department of environmental management shall give bond to the general treasurer for the faithful discharge of the director’s duty under this chapter with sufficient sureties to the acceptance of the general treasurer, in the sum of five thousand dollars ($5,000); and any person, having a claim against the director for any breach or neglect of the director’s official duty, may have a remedy therefor by a suit on his or her bond, to be prosecuted in the name of the general treasurer.

History of Section. G.L. 1896, ch. 119, § 2; G.L. 1909, ch. 145, § 2; G.L. 1923, ch. 150, § 2; G.L. 1938, ch. 115, § 2; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-14 .

46-10-15. Taking charge of property wrecked on Block Island.

The director of the department of environmental management shall, immediately on receiving information of any shipwreck or of the finding of any shipwrecked goods or property of any kind in value to the amount of twenty dollars ($20.00) or more upon the shore of Block Island, repair to the place where the property may be found, and in case the property shall not be in the custody of any owner or agent, the director shall take charge thereof and shall preserve and secure the property for the owner.

History of Section. G.L. 1896, ch. 119, § 3; G.L. 1909, ch. 145, § 3; G.L. 1923, ch. 150, § 3; G.L. 1938, ch. 115, § 3; G.L. 1956, § 46-10-15 .

Cross References.

Removal of obstructions generally, § 46-6-8 et seq.

46-10-16. Employment of assistants by director.

The director of the department of environmental management, upon taking charge of unclaimed property, may employ as many persons as the director shall think necessary to assist in preserving the property, and he or she may appoint guards to secure the property and may suppress all tumults and disorders.

History of Section. G.L. 1896, ch. 119, § 4; G.L. 1909, ch. 145, § 4; G.L. 1923, ch. 150, § 4; G.L. 1938, ch. 115, § 4; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-16 .

46-10-17. Appointment of agent for director.

In case the director of the department of environmental management shall be absent from the island or shall be unable, from sickness or other cause, to attend to the duties of his or her office, the director may appoint some other person in the town of New Shoreham to act in his or her stead as commissioner of wrecks, while the absence or inability shall exist. The person so appointed or authorized shall be clothed with all the rights and powers which the director has under this chapter; for which the director shall be as fully responsible as if the acts were performed by himself or herself.

History of Section. G.L. 1896, ch. 119, § 17; G.L. 1909, ch. 145, § 17; G.L. 1923, ch. 150, § 17; G.L. 1938, ch. 115, § 17; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-17 .

46-10-18. Penalty for disobedience of order of director.

Every person who shall disobey any lawful order of the director of the department of environmental management, given in discharging the duties of the director’s office, shall forfeit for every such offense twenty dollars ($20.00), to be recovered in an action in the name of the director, to the use of the town of New Shoreham.

History of Section. G.L. 1896, ch. 119, § 5; G.L. 1909, ch. 145, § 5; G.L. 1923, ch. 150, § 5; G.L. 1938, ch. 115, § 5; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-18 .

46-10-19. Inventory of property wrecked on Block Island — Reimbursement of director.

The director of the department of environmental management shall on every such occasion take an inventory of all the property that shall come into the director’s possession; and whenever required by the owner of the property or the owner’s agent or by any insurance company or underwriter or other person interested in the property, the director shall make an oath to the truth of the inventory, and shall deliver a copy thereof, together with all the property, to the owner, agent, or other person lawfully authorized to receive it; provided, that there shall be paid or secured to be paid to the director a reasonable compensation for his or her services and expenses, and the customhouse duties and other charges, if any, as he or she shall have paid or become liable to pay on or for the property in question.

History of Section. G.L. 1896, ch. 119, § 6; G.L. 1909, ch. 145, § 6; G.L. 1923, ch. 150, § 6; G.L. 1938, ch. 115, § 6; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-19 .

46-10-20. Arbitration of amounts due director.

If the director of the department of environmental management and the other party shall not agree on the sum so due the director, the case may be submitted to three (3) arbitrators for settlement; one of the arbitrators shall be chosen by the director, one by the other party, and the third by the two (2) already selected; they shall be citizens of the state and, unless objection is raised by the director or the other party, resident voters of the town of New Shoreham. If objection is made to the selection of inhabitants of that town for the service in any case, then selection may be made of any three (3) resident voters in the county of Newport.

History of Section. G.L. 1896, ch. 119, § 7; G.L. 1909, ch. 145, § 7; G.L. 1923, ch. 150, § 7; G.L. 1938, ch. 115, § 7; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-20 .

46-10-21. Action for amounts due director.

If the parties shall not agree to submit the case to arbitrators, or if the case is submitted and either party is dissatisfied with the decision of the arbitrators, then the case may be decided in a civil action to be commenced and prosecuted as the circumstances may require, unless the case shall be a matter within the exclusive jurisdiction of the courts of the United States.

History of Section. G.L. 1896, ch. 119, § 8; G.L. 1909, ch. 145, § 8; G.L. 1923, ch. 150, § 8; G.L. 1938, ch. 115, § 8; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-21 .

46-10-22. Amounts due parties other than director — Appeal.

No owner or other person interested in any property wrecked on Block Island shall be held to pay to any person other than the director of the department of environmental management any charge for services or expenses in taking or securing the property, unless it be for property taken or secured before the arrival of the director; in which case the director shall upon due hearing of all parties interested, determine the compensation to be received as aforesaid, and any party dissatisfied with the award of the director may obtain a judicial review under the provisions of chapter 35 of title 42.

History of Section. G.L. 1896, ch. 119, § 9; G.L. 1909, ch. 154, § 8; G.L. 1923, ch. 150, § 9; G.L. 1938, ch. 115, § 9; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-22 .

46-10-23. Penalty for unauthorized intermeddling with property.

If any person shall, after the arrival of the director of the department of environmental management, take, detain, or intermeddle with any property shipwrecked or found as aforesaid, except under the direction of the director or of the owner or agent or other person interested, he or she shall forfeit one thousand dollars ($1,000) for each offense, to be recovered in the name of the director, owner, agent, or other person interested, to his or her own use.

History of Section. G.L. 1896, ch. 119, § 10; G.L. 1909, ch. 145, § 10; G.L. 1923, ch. 150, § 10; G.L. 1938, ch. 115, § 10; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-23 .

46-10-24. Publication of notice of wreck found on Block Island.

The director of the department of environmental management, as soon as may be after the director’s arrival at the place where any wreck or goods shall be found, shall publish the particulars of the shipwreck and of the goods found, with such other material facts as the director shall ascertain, in the newspapers published in the city of Newport, in order that knowledge thereof may be given as soon as possible to the owner, agent, or person interested; and if the director shall neglect so to do, he or she shall forfeit fifty dollars ($50.00), to be recovered in an action at the suit of the owner, agent, or other person interested, to his or her own use.

History of Section. G.L. 1896, ch. 119, § 11; G.L. 1909, ch. 145, § 11; G.L. 1923, ch. 150, § 11; G.L. 1938, ch. 115, § 11; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-24 .

46-10-25. Sale of property to pay duties — Perishable property.

The director of the department of environmental management may dispose of so much of the property by public auction, within thirty (30) days after taking the property into his or her custody, as shall be sufficient to pay all duties thereon which he or she shall have paid, or for which the director shall become liable, to the customhouse, and may dispose of any property which is of a perishable nature.

History of Section. G.L. 1896, ch. 119, § 12; G.L. 1909, ch. 145, § 12; G.L. 1923, ch. 150, § 12; G.L. 1938, ch. 115, § 12; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-25 .

46-10-26. Sale of property subject to reduction in value.

Whenever the property wrecked on Block Island may be much reduced in value by keeping it for one year, and no owner, agent or other person interested therein shall appear to claim it within sixty (60) days after it shall have been taken into the custody of the director of the department of environmental management, the director shall advertise the property in the public newspapers in the city of Newport and shall sell the property by auction to the best advantage.

History of Section. G.L. 1896, ch. 119, § 13; G.L. 1909, ch. 145, § 13; G.L. 1923, ch. 150, § 13; G.L. 1938, ch. 115, § 13; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-26 .

46-10-27. Inventory and accounting for unclaimed property — Delivery to treasurer.

If no owner, agent, or other person interested in the property wrecked on Block Island shall appear within one year after it shall have been taken into the custody of the director of the department of environmental management, and establish his or her claim thereto, the director shall present to the general treasurer an inventory of the property (or, if sold, an account of all the sales) with an account of all the moneys paid by him or her for duties on the property and for the expenses of securing and preserving it; and he or she shall make an oath to the truth of the inventory and accounts, and shall pay and deliver to the general treasurer the balance of the accounts, with all the property remaining in the director’s hands, to the use of the state.

History of Section. G.L. 1896, ch. 119, § 14; G.L. 1909, ch. 145, § 14; G.L. 1923, ch. 150, § 14; G.L. 1938, ch. 115, § 14; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-27 .

46-10-28. Director of the department of environmental management — Salary and expenses.

The general assembly shall annually appropriate such sum as it may deem necessary, for the salary of the director of the department of environmental management and for his or her expenses.

History of Section. G.L. 1896, ch. 119, § 15; G.L. 1909, ch. 145, § 15; G.L. 1923, ch. 150, § 15; G.L. 1938, ch. 115, § 15; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-28 .

46-10-29. Provisions limited to wrecks in New Shoreham.

The provisions of §§ 46-10-14 46-10-28 shall apply only insofar as the director of the department of environmental management may be performing the duties and exercising the powers of the former commissioner of wrecks in New Shoreham.

History of Section. G.L. 1938, ch. 115, § 16; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-10-29 .

Chapter 11 Seaweed

46-11-1. Taking of seaweed by inhabitants of Barrington.

The inhabitants of the town of Barrington may, at all times between the rising and setting of the sun, take up and carry off from the public beach in Barrington, extending west from Hyde’s Hole to land now or formerly of the heirs of John Watson, with their vehicles, not exceeding two (2) loads of seaweed each in any one day; provided, that no person shall take more than one load of seaweed in any one day, until all who have repaired to the beach with their teams shall have obtained one load each.

History of Section. G.L. 1896, ch. 120, § 1; G.L. 1909, ch. 146, § 1; G.L. 1923, ch. 151, § 1; G.L. 1938, ch. 353, § 1; G.L. 1956, § 46-11-1 .

Comparative Legislation.

Taking of seaweed:

Conn. Gen. Stat. § 50-8.

Mass. Ann. Laws ch. 130, § 102.

46-11-2. Privilege restricted to Barrington inhabitants.

No person other than an inhabitant of the town of Barrington shall be permitted to take or carry off from the beach any seaweed in any manner whatsoever.

History of Section. G.L. 1896, ch. 120, § 2; G.L. 1909, ch. 146, § 2; G.L. 1923, ch. 151, § 2; G.L. 1938, ch. 353, § 2; G.L. 1956, § 46-11-2 .

46-11-3. Penalty for violations.

Every person who shall take or carry off from the beach any seaweed, contrary to the provisions of this chapter, shall forfeit ten dollars ($10.00) for each and every load of seaweed so carried off, one-half (1/2) thereof to the use of the person suing for the same and one-half (1/2) thereof to the use of the town of Barrington.

History of Section. G.L. 1896, ch. 120, § 3; G.L. 1909, ch. 146, § 3; G.L. 1923, ch. 151, § 3; G.L. 1938, ch. 353, § 3; G.L. 1956, § 46-11-3 .

Chapter 12 Water Pollution

46-12-1. Definitions.

As used in this chapter the following terms shall, where the context permits, be construed as follows:

  1. “Boat”  means any vessel or water craft whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the water whether or not capable of self locomotion, including house boats, barges, and similar floating objects.
  2. “Clean Water Act”  refers to the federal law enacted under 33 U.S.C. § 1251 et seq., and all amendments thereto.
    1. “Director”  means the director of the department of environmental management or any subordinate or subordinates to whom the director has delegated the powers and duties vested in him or her by this chapter.
    2. Wherever reference is made in this chapter to any order of the director and the order shall have been modified by the court, the order referred to shall be taken to be the order of the director as so modified.
  3. “Discharge”  means the addition of any pollutant to the waters from any point source.
  4. “Effluent limitation”  means any restriction or prohibitions, established in accord with the provisions of this chapter or under the federal Clean Water Act, 33 U.S.C. § 1251 et seq., on quantities, rates, and concentrations of chemical, physical, biological, radiological, and other constituents which are discharged into the waters.
  5. “Fecal coliform bacteria”  means organisms within the intestines of warm blooded animals that indicate the presence of fecal material, and the potential presence of organisms capable of causing disease in humans.
  6. “Groundwaters”  includes all underground waters of whatever nature.
  7. “Marine Sanitation Device-Type I”  means a marine toilet which, under prescribed test conditions, will produce an effluent that will not exceed a fecal coliform bacteria count of one thousand (1,000) parts per one hundred (100) milliliters and have no visible solids.
  8. “Marine Sanitation Device-Type II”  means a marine toilet which, under prescribed test conditions will produce an effluent that does not exceed a fecal coliform bacteria count of two hundred (200) parts per one hundred (100) milliliters, and have suspended solids not greater than one hundred and fifty (150) milligrams per liter.
  9. “Marine Sanitation Device-Type III”  means a marine toilet which is designed to prevent the discharge from the boat of any treated or untreated sewage, or any waste derived from sewage.
  10. “Marine toilet”  means any toilet on or within any boat as that term is defined herein.
  11. “No discharge zone”  means an environmentally sensitive area of the waters of the state which has been declared by the department of environmental management pursuant to the Clean Water Act, 33 U.S.C. § 1251 et seq., to be an area in which any discharge of sewage is prohibited.
  12. “Person”  includes an individual, trust, firm, joint stock company, corporation (including a quasi government corporation) partnership, association, syndicate, municipality, municipal or state agency, fire district, club, nonprofit agency, or any subdivision, commission, department, bureau, agency, or department of state or federal government (including any quasi government corporation) or of any interstate body.
  13. “Point source”  means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
  14. “Pollutant”  means any material or effluent which may alter the chemical, physical, biological, or radiological characteristics and/or integrity of water, including, but not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, cellar dirt or industrial, municipal, agricultural, or other waste petroleum or petroleum products, including but not limited to oil.
  15. “Polluting”  means the causing of pollution.
  16. “Pollution”  means the man made or man induced alteration of the chemical, physical, biological, and radiological integrity of water.
  17. “Publicly owned treatment works”  means any facility for the treatment of pollutants owned by the state or any political subdivision thereof, municipality, or other public entity, including any quasi government corporation.
  18. “Release”  means any spilling, leaking, pumping, pouring, emitting, emptying, injecting, escaping, leaching, dumping, or disposing of any pollutant into a surface water or wetland, or onto or below the land surface.
  19. “Schedule of compliance”  means a schedule of remedial measures including an enforceable sequence of actions, or operations, leading to compliance with an effluent limitation or any other limitation, prohibition, or standard.
  20. “Sewage”  means fecal material and human waste, or wastes from toilets and other receptacles intended to receive or retain body waste, and any wastes, including wastes from human households, commercial establishments, and industries, and storm water runoff, that are discharged to or otherwise enter a publicly owned treatment works.
  21. “Underground storage tank”  means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of petroleum product or hazardous materials, and the volume of which (including the volume of the underground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground.
  22. “Waters”  includes all surface waters including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond, or lake, and wetlands, as well as all groundwaters.
  23. “Eutrophication”  means a reduction of dissolved oxygen from excessive plant growth, chiefly algae, typically as an effect of increased nutrient loadings, to levels that impair the viability of other aquatic life.
  24. “Nutrient”  means organic materials and chemicals, including especially nitrogen and phosphorous and their compounds, that are biologically reactive and necessary for life.

History of Section. P.L. 1920, ch. 1914, § 1; G.L. 1923, ch. 125, § 1; G.L. 1938, ch. 634, § 1; G.L. 1956, § 46-12-1 ; P.L. 1963, ch. 89, § 1; P.L. 1966, ch. 261, §§ 1, 16; P.L. 1980, ch. 239, § 1; P.L. 1981, ch. 253, § 1; P.L. 1983, ch. 149, § 1; P.L. 1990, ch. 320, § 1; P.L. 1990, ch. 324, § 1; P.L. 1991, ch. 332, § 1; P.L. 1995, ch. 149, § 1; P.L. 2004, ch. 146, § 1; P.L. 2004, ch. 222, § 1.

Comparative Legislation.

Water pollution control:

Conn. Gen. Stat. § 22a-416 et seq.

Mass. Ann. Laws ch. 21, § 26 et seq.

NOTES TO DECISIONS

Constitutionality.

This chapter is not unconstitutional on the ground that it is an ex post facto law contrary to U.S. Const., Art. 1, § 9 or R.I. Const., Art. 1, § 12 , since chapter has purpose of discontinuing practices dangerous to the public health and looks to the future rather than to the past. Board of Purification of Waters v. East Providence, 47 R.I. 431 , 133 A. 812, 1926 R.I. LEXIS 78 (1926).

This chapter does not violate R.I. Const., Art. 1, § 15 on the ground that town is deprived of trial by jury since a town has no constitutional right to trial by jury. Board of Purification of Waters v. East Providence, 47 R.I. 431 , 133 A. 812, 1926 R.I. LEXIS 78 (1926).

Sewage.

While the term sewage does not include storm water where the city’s sewerage system commingles sewage and storm waters so that the total effluent is discharged into the project, it must of necessity be metered in its totality to determine assessment placed upon city, such higher assessment being not the result of an unreasonable rate but due to the design of its own sewerage system. Central Falls v. Halloran, 94 R.I. 189 , 179 A.2d 570, 1962 R.I. LEXIS 58 (1962).

Preliminary injunctive relief is warranted where defendants are in violation of the federal and state Clean Water Acts, Rhode Island common law of nuisance, and an Order from the Rhode Island Department of Environmental Management, such violations having been based on defendants’ release of raw sewage from their septic system into the Sakonnet River without a permit. Friends of Sakonnet v. Dutra, 738 F. Supp. 623, 1990 U.S. Dist. LEXIS 6451 (D.R.I. 1990).

Collateral References.

Actions brought under Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act) (33 U.S.C.S. §§ 1251 et seq.) — Supreme Court cases. 163 A.L.R. Fed. 531.

Class action for relief against air and water pollution. 47 A.L.R.3d 769.

Comment Note: What Constitutes “Point Source” of Pollution Subject to Control by Provisions of Clean Water Act (33 U.S.C. § 1362(14)). 29 A.L.R. Fed. 3d Art. 10 (2018).

Liability for pollution of stream by oil, water or the like flowing from well, 19 A.L.R.2d 1033.

Measure and elements of damages for pollution of well or spring. 76 A.L.R.4th 629.

Pollution of subterranean waters as nuisance, 38 A.L.R.2d 1285.

Sewage treatment plant as constituting nuisance. 92 A.L.R.5th 517.

Validity and construction of anti-water pollution statutes, 32 A.L.R.3d 215.

What are “navigable waters” subject to Federal Water Pollution Control Act (33 U.S.C.S. §§ 1251 et seq.). 160 A.L.R. Fed. 585.

46-12-2. Administration.

  1. It shall be the responsibility of the director of the department of environmental management to administer this chapter. Within the department of environmental management, the director may employ personnel who shall come within the classified service in accordance with the laws of this state for the purposes of this chapter, and may delegate to a subordinate or subordinates any or all the powers and duties vested in the director hereunder. The general assembly shall annually appropriate such sums as it may deem necessary for the expenses of administering this chapter.
  2. The department of environmental management is hereby designated as the state water pollution control agency for this state for all purposes of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and is hereby authorized to take all action necessary or appropriate to secure to this state the benefits of that act.
  3. The department of environmental management is hereby designated to operate the underground injection control program under the federal Safe Drinking Water Act, as amended, 42 U.S.C. § 300f et seq., and is hereby authorized to take all action necessary or appropriate to secure to this state the benefits of that program.
  4. The department of environmental management is hereby designated to administer the wellhead protection program as approved by the federal Environmental Protection Agency and in accordance with the federal Safe Drinking Water Act, as amended, 42 U.S.C. § 300f et seq., and is hereby authorized to take all actions necessary or appropriate to secure to this state the benefits of that program. The department of environmental management shall cooperate and coordinate wellhead protection program activities with the department of health public drinking water supply program.
  5. The department of environmental management is hereby designated to administer the underground storage tank program as approved by the federal Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901 et seq., and is hereby authorized to take all necessary or appropriate actions to secure to this state the benefits of this program, including participation via cooperative agreement with the Environmental Protection Agency (EPA) in the leaking underground storage tank trust fund.
  6. The department of environmental management is hereby designated to establish, administer, and enforce standards for nutrients as necessary to protect, maintain and/or improve the ecological functions of the marine and aquatic resources of the state; and to prepare, adopt, and implement plans as necessary and appropriate to accomplish the purposes of managing nutrient loadings and preventing, abating, and/or eliminating the deleterious effects of nutrients, including, but not limited to, eutrophication, harmful algal blooms, hypoxia, anoxia, oxygen-stress-induced population shifts, and/or fish kills. To implement the purposes of this subsection, the department shall implement measures to achieve an overall goal of reducing nitrogen loadings from waste water treatment facilities by fifty percent (50%) by December 31, 2008, which date, in its implementation, may be adjusted to be consistent with compliance with permit modifications, through waste water treatment facility upgrades scheduled to be undertaken by December 31, 2006, and through proposed permit modifications, which shall be issued by the department on or before July 1, 2004. The department shall report on the implementation of these measures in the report required by § 46-12-3(25) .

History of Section. P.L. 1920, ch. 1914, § 16; G.L. 1923, ch. 125, § 16; G.L. 1938, ch. 634, § 16; G.L. 1956, § 46-12-30 ; P.L. 1980, ch. 239, § 2; P.L. 1983, ch. 149, § 1; P.L. 1995, ch. 149, § 1; P.L. 2004, ch. 146, § 1; P.L. 2004, ch. 222, § 1.

NOTES TO DECISIONS

Complaint.

A land purchaser who sued a former lessee of the seller for damages allegedly resulting from the lessee’s chemical contamination of the property was permitted to amend his complaint to add one count based upon this section, where his scattered references to the statute in pleadings and memoranda put the lessee sufficiently on notice that statutory liability might be an issue in the litigation. Wilson Auto Enterprises, Inc. v. Mobil Oil Corp., 778 F. Supp. 101, 1991 U.S. Dist. LEXIS 17070 (D.R.I. 1991).

Collateral References.

Citizen’s cause of action under Safe Drinking Water Act, 42 U.S.C. § 300j-8. 16 A.L.R. Fed. 3d Art. 4 (2016).

Validity, construction, and application of lead limitations and “lead and copper” rule of Safe Drinking Water Act. 16 A.L.R. Fed. 3d Art. 3 (2016).

46-12-2.1. Repealed.

Repealed Sections.

This section (P.L. 1963, ch. 89, § 4; P.L. 1966, ch. 261, § 3), concerning references to the former division of sanitary engineering, was repealed by P.L. 1983, ch. 149, § 1.

46-12-3. Powers and duties of the director.

In addition to the other powers granted the director of the department of environmental management herein, the director shall have and may exercise the following powers and duties:

  1. To exercise general supervision of the administration and enforcement of this chapter, and all rules and regulations and orders promulgated hereunder;
  2. To develop comprehensive programs for the prevention, control, and abatement of new or existing pollution of the waters of this state;
  3. To advise, consult, and cooperate with other agencies of the state, the federal government, other states, and interstate agencies and with affected groups, political subdivisions, and industries in the furtherance of the purposes of this chapter;
  4. To accept and administer loans and grants from the federal government and from other sources, public or private, for the carrying out of any of its functions, which loans and grants shall not be expended for other than the purposes for which provided;
  5. To encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to water pollution and its causes, prevention, control, and abatement thereof, as he or she may deem advisable and necessary for the discharge of his or her duties under this chapter;
  6. To collect and disseminate information relating to water pollution and the prevention, control, and abatement thereof;
  7. Except as otherwise provided in subdivision (24) below, to promulgate standards of water quality and to classify the waters of the state accordingly;
  8. To administer state grants to municipalities and political subdivisions for the construction of sewage treatment works;
  9. To hold hearings, to issue notices of hearings and subpoenas requiring the attendance of witnesses and the production of evidence, and to administer oaths and to take testimony, that he or she may deem necessary;
  10. To approve, pursuant to standards adopted by the environmental standards board, the construction, modification, and operation of discharge systems or any parts thereof, and to require the prior submission of plans, specifications, and other data relative to discharge systems and to require that the plans, specifications, or other data be certified by a professional engineer registered in Rhode Island, and to inspect the systems either under construction or in operation;
  11. To issue a permit for the discharge of any pollutant or combination of pollutants or to issue a general permit authorizing a category of discharges within a geographical area upon conditions as may be necessary to carry out the purposes of this chapter and of the Clean Water Act, 33 U.S.C. § 1251 et seq., which may include, but not be limited to, providing for specific effluent limitations and levels of treatment technology, monitoring, recording, and reporting standards, or to deny a permit or general permit;
  12. To renew, revoke, modify, or suspend in whole or in part any permit, order, or schedule of compliance pursuant to the provisions of this chapter, and any rules and regulations promulgated thereunder;
  13. To approve the discharge of pollutants into the waters of this state pursuant to all applicable standards;
  14. To require publicly owned treatment works to adopt and implement requirements regarding the pretreatment of pollutants consistent with existing federal requirements, and to require compliance by all persons with pretreatment requirements;
  15. To issue such orders as may be necessary to prevent the unauthorized construction, modification, or operation of discharge systems and the discharge of pollutants into the waters of this state;
  16. To require proper maintenance and operation of discharge systems;
  17. To consult the advisory council on environmental affairs on the policies and plans for the control and abatement of pollution;
  18. To make, issue, amend, and revoke reasonable rules and regulations for the prevention, control, and abatement of pollution and the enforcement of orders issued hereunder, including public notice and comment requirements;
  19. To exercise all incidental powers necessary to carry out the purposes of this chapter;
  20. To approve the operation of treatment facilities, pursuant to the provisions of chapters 3, 11, and 18 of title 44;
  21. To promulgate and enforce rules and regulations to govern the location, design, construction, maintenance, and operation of underground storage facilities used for storing petroleum products or hazardous materials to prevent, abate, and remedy the discharge of petroleum products and hazardous materials into the waters of the state; provided that all underground storage tanks and associated piping installed after September 1, 1991, shall provide for secondary containment in a manner approved by the director; and provided, that single-walled tanks and/or piping installed prior to May 8, 1985, shall be permitted to remain in use until December 22, 2017, and single-walled tanks and/or piping installed between May 8, 1985, and July 20, 1992, shall be permitted to remain in use for thirty-two (32) years from the date of installation if the owner/operator of the single-walled tank or piping performs an annual facility compliance inspection to ensure structural integrity; and provided, further, that the installation of underground storage tanks is prohibited at sites located within wellhead protection areas for community water supply wells as designated by the director and consistent with chapter 13.1 of this title. This prohibition shall not apply to the replacement or upgrading of existing underground storage tanks installed prior to July 1, 1991, provided that such activity take place in accordance with all applicable state and federal regulations. The department of environmental management shall by January 1, 2011, develop recommendations for phasing out the stage II vapor recovery program with the required removal of single-walled underground storage tanks in order to achieve the objectives of both program efforts in a cost effective and efficient manner. The department of environmental management shall report its findings to the chair of the house committee on environment and natural resources and to the chair of the senate committee on environment and agriculture on or before January 1, 2011;
  22. To promulgate and enforce rules and regulations to govern the installation, construction, operation, and abandonment of monitoring wells;
  23. To promulgate and enforce rules and regulations to govern the location, design, installation, operation and maintenance of subsurface disposal systems which receive the discharge of pollutants and of subsurface containment systems, including underground storage tanks, used to contain or control the discharge of pollutants below the ground surface.
  24. In connection with the dredging and transportation and disposal of dredge material, to promulgate and adopt water quality standards that conform with the federal Environmental Protection Agency’s applicable water quality rules and regulations and guidelines, including, but not limited to, the federal Environmental Protection Agency’s rules and regulations and guidelines for deviating from said standards. The department of environmental management shall also apply the applicable standards and guidelines and adopt the procedures as set forth in the manual identified as “Evaluation of Dredge Material for Purpose of Ocean Disposal. Testing Manual Put Together by EPA and Army Corps of Engineers in February, 1991” and any amendments or supplements or successor manuals thereto to the extent that the same are relevant to dredging, transportation and/or disposal of dredge materials in tidal waters or any documents or manuals approved by the federal Environmental Protection Agency relating to dredging, transportation and/or disposal of dredge materials; and
  25. To prepare and to submit to the governor, the speaker of the house, the president of the senate, the chairperson of the house committee on environment and natural resources and the chairperson of the senate committee on environment and agriculture, not later than February 1, 2005, a plan, including an implementation program with cost estimates, recommended sources of funding, measurable goals, objectives, and targets and limitations for nutrient introduction into the waters of the state, for the purposes of: (i) managing nutrient loadings and the effects of nutrients in the waters of the state; and (ii) preventing and eliminating conditions of eutrophication.

History of Section. P.L. 1920, ch. 1914, § 2; P.L. 1921, ch. 2090, § 1; G.L. 1923, ch. 125, § 2; G.L. 1938, ch. 634, § 20; impl. am. P.L. 1951, ch. 2727, art. 1, § 2; G.L. 1956, § 46-12-3 ; P.L. 1963, ch. 89, § 3; P.L. 1966, ch. 261, § 4; P.L. 1977, ch. 182, § 16; P.L. 1983, ch. 149, § 1; P.L. 1990, ch. 320, § 2; P.L. 1991, ch. 366, § 1; P.L. 1995, ch. 149, § 1; P.L. 1996, ch. 271, § 4; P.L. 1996, ch. 281, § 4; P.L. 2004, ch. 146, § 1; P.L. 2004, ch. 222, § 1; P.L. 2010, ch. 157, § 1; P.L. 2010, ch. 160, § 1.

Compiler’s Notes.

P.L. 2010, ch. 157, § 1, and P.L. 2010, ch. 160, § 1, enacted identical amendments to this section.

NOTES TO DECISIONS

Disposal Systems.

Although plaintiff suffered some inconvenience, his constitutional rights were not violated by facts that he was required to obtain the approval of both the Rhode Island Department of Health (now Director of Environmental Management) and Coastal Resources Management Council prior to installation of an Individual Sewage Disposal System (ISDS) on land adjoining coastal water region and that department of health approved the ISDS but council rejected it. Milardo v. Coastal Resources Management Council, 434 A.2d 266, 1981 R.I. LEXIS 1263 (R.I. 1981) (decided under former § 46-12-3 ).

46-12-3.1. [Transferred.]

Transferred Sections.

This section was redesignated as § 46-12-4 by P.L. 1983, ch. 149, § 1.

46-12-4. Repealed.

History of Section. P.L. 1982, ch. 370, § 1; P.L. 1983, ch. 149, § 1; G.L. 1956, § 46-12-3.1 ; P.L. 1983, ch. 182, § 1; P.L. 1984, ch. 300, § 1; P.L. 1995, ch. 370, art. 40, § 155; P.L. 1996, ch. 271, § 1; P.L. 1996, ch. 281, § 1; Repealed by P.L. 2012, ch. 241, art. 17, § 1, effective July 1, 2012.

Compiler’s Notes.

Former § 46-12-4 concerned a pollution monitoring system.

46-12-4.1. Repealed.

History of Section. P.L. 1983, ch. 182, § 2; P.L. 1984, ch. 300, § 1; P.L. 1995, ch. 370, art. 40, § 155; Repealed by P.L. 2012, ch. 241, art. 17, § 1, effective July 1, 2012.

Compiler’s Notes.

Former § 46-12-4.1 concerned fees, limits and recovery of costs.

46-12-5. Prohibitions.

  1. It shall be unlawful for any person to place any pollutant in a location where it is likely to enter the waters or to place or cause to be placed any solid waste materials, junk, or debris of any kind whatsoever, organic or non organic, in any waters.
  2. It shall be unlawful for any person to discharge any pollutant into the waters except as in compliance with the provisions of this chapter and any rules and regulations promulgated hereunder and pursuant to the terms and conditions of a permit.
  3. It shall be unlawful to construct or install any industrial, commercial, or other establishment, to make any modification or addition thereto, or to undertake any development which may result in the discharge of any pollutant into the waters of the state, unless the discharge is made to a system or means to prevent pollution approved by the director.
  4. Notwithstanding subsections (a) and (b) above, an applicant seeking a water quality certification from the department of environmental management in connection with the disposal of dredge material at a site as provided for in § 46-23-18.3 and in a manner consistent with a comprehensive program as provided for in § 46-23-6(1)(ii)(H) , shall be granted said water quality certification if the department of environmental management determines that the proposal is consistent with the water quality standards adopted pursuant to § 46-12-3(24) .

History of Section. P.L. 1920, ch. 1914, § 3; G.L. 1923, ch. 125, § 3; G.L. 1938, ch. 634, § 3; P.L. 1966, ch. 261, § 5; G.L. 1956, § 46-12-4 ; P.L. 1970, ch. 88, § 1; P.L. 1971, ch. 236, § 1; P.L. 1983, ch. 182, § 1; P.L. 1996, ch. 271, § 4; P.L. 1996, ch. 281, § 4.

Cross References.

Fishing grounds, protection, § 20-3-1 et seq.

Interstate water pollution control commission, §§ 46-16-1 , 46-16-2 .

Shellfish grounds and packing houses, § 21-14-1 et seq.

NOTES TO DECISIONS

Effect of Special Laws.

Board of purification of waters could order town to cease discharge of sewage into public waters since this chapter impliedly repealed authority under 1901 law to convey sewage and such authority was not revived by 1929 validation of appropriation for sewage purposes. Board of Purification of Waters v. Bristol, 51 R.I. 243 , 153 A. 879, 1931 R.I. LEXIS 28 (1931).

Eminent Domain.

This chapter does not relate to the exercise of the right of eminent domain, since no taking of private property is involved as no right to pollute waters can be acquired. Board of Purification of Waters v. East Providence, 47 R.I. 431 , 133 A. 812, 1926 R.I. LEXIS 78 (1926).

Joint or Separate Pollution.

Either joint or separate pollution may be stopped. Board of Purification of Waters v. East Providence, 47 R.I. 431 , 133 A. 812, 1926 R.I. LEXIS 78 (1926).

46-12-6. Investigation and hearing — Records.

  1. If the director shall have cause to believe that any person is violating any provision of this chapter, or any regulation, permit, or order of the department of environmental management adopted in accordance therewith, it shall be the director’s duty to cause the matter to be investigated. The director may schedule a hearing, receive evidence, and hear witnesses in behalf of the persons believed to be in violation.
  2. The director shall maintain records concerning all investigations undertaken and findings made pursuant to this section. The records shall be made available for public inspection and shall include the following information:
    1. The names and addresses of persons investigated;
    2. The date or dates of any hearing or hearings conducted with respect to those persons and the time and place of the hearings;
    3. Any findings made by the director after the conclusion of the hearings.

History of Section. P.L. 1920, ch. 1914, § 4; P.L. 1921, ch. 2090, § 2; G.L. 1923, ch. 125, § 4; G.L. 1938, ch. 634, § 4; G.L. 1956, § 46-12-5 ; P.L. 1966, ch. 261, § 6; P.L. 1970, ch. 88, § 2; P.L. 1970, ch. 289, § 2; P.L. 1977, ch. 140, § 1; P.L. 1983, ch. 149, § 1.

NOTES TO DECISIONS

Public Access to Records.

Where state official in charge of preventing water pollution had 3,586 reports of alleged pollution, out of which all but 70 of said reports had been checked out, there were 3,516 instances where said official was custodian of records that are open to the public notwithstanding that in 1,153 instances of this number corrective action was ordered and the public was also entitled to know the number of complaints yet unchecked and the dates when they were received. Providence Journal Co. v. Shea, 110 R.I. 342 , 292 A.2d 856, 1972 R.I. LEXIS 920 (1972).

Although state official in charge of preventing water pollution is not required to make known the names of persons regarding whom allegations of pollution have been made until he has an opportunity to acquire personal knowledge of the facts, he is required to make known the facts ascertained as well as such further steps that he is taking and this means that there are records which are open for public inspection, even though corrective measures are still being explored. Providence Journal Co. v. Shea, 110 R.I. 342 , 292 A.2d 856, 1972 R.I. LEXIS 920 (1972).

Complaints, accusations and allegations that this or that person is polluting the waters of the state, are not, until checked out, cause to believe that the person complained of is in fact polluting or apt to pollute waters of the state but such a complaint does place on the state official charged with preventing water pollution the burden of determining what the facts are, and having made this determination, make a record of the same that is then open to the public regardless of whether the complaint was found to be valid or totally lacking in merit. Providence Journal Co. v. Shea, 110 R.I. 342 , 292 A.2d 856, 1972 R.I. LEXIS 920 (1972).

Statute making investigation records of water pollution open to public inspection was never intended to cloak the director with standing to withhold informative records by the simple expedient of resolving all reports of pollution without the formality of hearings. Providence Journal Co. v. Shea, 110 R.I. 342 , 292 A.2d 856, 1972 R.I. LEXIS 920 (1972).

46-12-7. Subpoena of witnesses — Enforcement.

  1. All subpoenas shall be served as subpoenas in civil cases in superior court, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are provided witnesses in civil cases in superior court. In cases of contumacy or refusal to obey the command of the subpoena so issued, the superior court shall have jurisdiction upon application of the director, with proof by affidavit of the fact, to issue a rule or order returnable in not less than two (2) nor more than five (5) days directing the person to show cause why he or she should not be adjudged in contempt.
  2. Upon return of the order, the justice before whom the matter is brought for hearing shall examine under oath the person, and the person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined or to answer a legal or pertinent question, the justice may impose a fine upon the offender or forthwith commit the offender to the adult correctional institutions, there to remain until the offender submits to do the act which the offender was so required to do, or is discharged according to law.

History of Section. P.L. 1920, ch. 1914, § 4; G.L. 1923, ch. 125, § 4; G.L. 1938, ch. 634, § 4; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 46-12-6 ; P.L. 1966, ch. 261, § 7; P.L. 1983, ch. 149, § 1; P.L. 2007, ch. 340, § 41.

46-12-8. Expert assistance in investigations and prosecutions.

The director may employ any professional or expert services that the director may deem desirable in making any investigation or in conducting any prosecution for the violation of the provisions of this chapter, within the limit of the amount appropriated therefor by the general assembly.

History of Section. P.L. 1920, ch. 1914, § 4; P.L. 1921, ch. 2090, § 2; G.L. 1923, ch. 125, § 4; G.L. 1938, ch. 634, § 4; G.L. 1956, § 46-12-7 ; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1.

46-12-9. Notices of violation and compliance orders.

  1. The director shall follow the procedures provided in § 42-17.1-2(21) in issuing any notice of violation or compliance order authorized pursuant to this chapter or any rules, regulations, or permits promulgated thereunder.
  2. Where an order of the director does not specify the system or means to be adopted, the person against whom an order is entered shall, before proceeding to install a system or means, submit to the director a plan or statement describing the system or means that the person proposes to adopt.
  3. Any order or notice issued by the director shall be eligible for recordation under chapter 13 of title 34. The director shall forward the original order or notice to the city or town wherein the subject property is located and the order or notice shall be recorded 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 director shall provide written notice of the same to the owner of the subject property, which notice shall be similarly eligible for recordation.

History of Section. P.L. 1920, ch. 1914, § 5; P.L. 1921, ch. 2090, § 3; G.L. 1923, ch. 125, § 5; G.L. 1938, ch. 634, § 5; G.L. 1956, § 46-12-8 ; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1; P.L. 2011, ch. 170, § 1; P.L. 2011, ch. 311, § 1; P.L. 2021, ch. 147, § 1, effective July 3, 2021; P.L. 2021, ch. 148, § 1, effective July 3, 2021.

Compiler’s Notes.

P.L. 2011, ch. 170, § 1, and P.L. 2011, ch. 311, § 1, enacted identical amendments to this section.

P.L. 2021, ch. 147, § 1, and P.L. 2021, ch. 148, § 1 enacted identical amendments to of this section.

Repealed Sections.

The former section (P.L. 1920, ch. 1914, § 5; P.L. 1921, ch. 2090, § 3; G.L. 1923, ch. 125, § 5; G.L. 1938, ch. 634, § 5; G.L. 1956, § 46-12-9 ; P.L. 1966, ch. 261, § 16), concerning time allowed for adoption of the system, was repealed by P.L. 1983, ch. 149, § 1.

46-12-10. Emergency powers.

Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where that endangerment is, to the livelihood of those persons, or to protect the environment, may, without prior notice of violation or hearing, take such action as the director deems necessary to protect the public health or safety or the environment. The actions may include, but shall not be limited to, the following:

  1. Issuing an immediate compliance order stating the existence of the violation and the action that the director deems necessary. Any order issued under this section without notice and prior hearing shall be effective no longer than forty-five (45) days; provided, however, that for good cause shown an order may be extended one additional period of up to forty-five (45) days; and/or
  2. Obtaining injunctive relief or other order from the superior court.

History of Section. P.L. 1920, ch. 1914, § 5; P.L. 1921, ch. 2090, § 3; G.L. 1923, ch. 125, § 5; G.L. 1938, ch. 634, § 5; G.L. 1956, § 46-12-10 ; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1.

46-12-11. Service of orders.

A copy of each order entered by the director shall be sent to the person or persons affected thereby by certified or registered mail, return receipt requested, by personal service, or by any other form of service now or hereafter authorized in a civil action under the laws of the state.

History of Section. P.L. 1920, ch. 1914, § 5; P.L. 1921, ch. 2090, § 3; G.L. 1923, ch. 125, § 5; G.L. 1938, ch. 634, § 5; G.L. 1956, § 46-12-11 ; P.L. 1966, ch. 261, § 8; P.L. 1983, ch. 149, § 1.

46-12-12. Modification or revocation of order.

Any order of the director may at any time, or from time to time, after at least twenty (20) days’ notice in writing to the person or persons affected thereby, and after a hearing, if so requested by the affected person or persons, be modified or revoked by an order duly entered by the director.

History of Section. P.L. 1920, ch. 1914, § 5; P.L. 1921, ch. 2090, § 3; G.L. 1923, ch. 634, § 5; G.L. 1956, § 46-12-12 ; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1.

46-12-13. Civil penalties.

Except as specified in §§ 46-12-26 and 46-12-27 , any person who shall violate the provisions of this chapter, or of any permit, rule, regulation, or order issued pursuant thereto, shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day during which the violation occurs. In an action for enforcement brought in the superior court pursuant to this chapter or chapters 12.3, 12.4, or 12.5 of this title, the court also may order any person to pay to the director any and all costs incurred in the investigation, cleanup, and restoration of areas affected by pollutants in connection with any violation. Nothing herein contained shall be construed to limit the amount of monetary relief which the court can award in any action brought pursuant to any other provision of the general laws or pursuant to common law.

History of Section. P.L. 1920, ch. 1914, § 6; P.L. 1921, ch. 2090, § 4; G.L. 1923, ch. 125, § 6; G.L. 1938, ch. 634, § 6; G.L. 1956, § 46-12-13 ; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1; P.L. 1990, ch. 324, § 1.

46-12-14. Criminal penalties.

  1. Except as specified in §§ 46-12-26 and 46-12-27 , any person who shall be found guilty of violating, willfully or with criminal negligence, any of the provisions of this chapter, or of any permit, rule, or regulation issued pursuant thereto, or an order of the director, shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment; and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.
  2. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter, shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) for each instance of violation, or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

History of Section. P.L. 1920, ch. 1914, § 7; G.L. 1923, ch. 125, § 7; G.L. 1938, ch. 634, § 7; P.L. 1947, ch. 1834, § 1; P.L. 1954, ch. 3334, § 1; G.L. 1956, § 46-12-14 ; P.L. 1958, ch. 170, § 1; P.L. 1966, ch. 261, § 9; P.L. 1970, ch. 88, § 3; P.L. 1971, ch. 236, § 1; P.L. 1977, ch. 140, § 1; P.L. 1983, ch. 149, § 1; P.L. 1990, ch. 324, § 1.

46-12-15. Inspection powers — Rules and regulations.

The director shall have full powers to inspect, and make orders regulating and directing all methods, means, and devices employed on any steamer or other vessel in the waters of the state, or at any installation on land, in receiving, carrying, storing, heating, handling or discharging any petroleum, gasoline, kerosene, tar, oil, or any product or mixture thereof; and the director may by order establish all rules and regulations to prevent the discharge or escape of any of the substances into the waters of the state.

History of Section. P.L. 1920, ch. 1914, § 8; G.L. 1923, ch. 125, § 8; G.L. 1938, ch. 634, § 8; P.L. 1947, ch. 1834, § 1; P.L. 1954, ch. 3334, § 1; G.L. 1956, § 46-12-15 ; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1.

46-12-16. Prosecution of violations.

The director, without being required to enter into any recognizance or to give surety for costs, may institute civil or criminal proceedings for the violation of any provision of this chapter or of any permit, rule, regulation, or order issued pursuant thereto. It shall be the duty of the attorney general to carry out all proceedings brought by the director.

History of Section. P.L. 1920, ch. 1914, § 9; G.L. 1923, ch. 125, § 9; G.L. 1938, ch. 634, § 9; P.L. 1947, ch. 1834, § 1; P.L. 1954, ch. 3334, § 1; G.L. 1956, § 46-12-17 ; P.L. 1966, ch. 261, § 16; P.L. 1970, ch. 88, § 4; P.L. 1974, ch. 274, § 4; P.L. 1977, ch. 182, § 16; P.L. 1983, ch. 149, § 1.

Repealed Sections.

Former § 46-12-16 (P.L. 1920, ch. 1914, § 8; G.L. 1923, ch. 125, § 8; G.L. 1938, ch. 634, § 8; P.L. 1947, ch. 1834, § 1; P.L. 1954, ch. 3334, § 1; G.L. 1956, § 46-12-16 ), relating to hearings on, and service of notice of, rules, was repealed by P.L. 1966, ch. 261, § 10.

46-12-17. Proceedings for enforcement.

The superior court for Providence County shall have concurrent jurisdiction to enforce the provisions of this chapter and any rule, regulation, permit, or order issued pursuant thereto. Proceedings for enforcement may be instituted and prosecuted in the name of the director, by either the director or by the attorney general, and in any proceedings in which the director or the attorney general seeks injunctive relief, it shall not be necessary to show that without the relief, the injury that will result will be irreparable or that the remedy at law is inadequate. Proceedings provided in this section shall be in addition to and may be utilized in lieu of other administrative or judicial proceedings authorized by this chapter.

History of Section. P.L. 1983, ch. 149, § 1; P.L. 2021, ch. 147, § 1, effective July 3, 2021; P.L. 2021, ch. 148, § 1, effective July 3, 2021.

Compiler's Notes.

P.L. 2021, ch. 147, § 1, and P.L. 2021, ch. 148, § 1 enacted identical amendments to of this section.

46-12-18. Records of operation.

The director may, by regulation, order, permit, or otherwise, require any person who discharges to the waters or who discharges to a publicly owned treatment works to:

  1. Establish and maintain such records;
  2. Make such reports;
  3. Install, calibrate, use, and maintain such monitoring equipment or methods (including where appropriate, biological monitoring methods);
  4. Sample such discharges (in accordance with such methods, at such locations, at such intervals, and in a manner as the director shall prescribe); and
  5. Provide such other information relating to discharges into the waters or into a publicly owned treatment works as the director may reasonably require.

History of Section. G.L. 1938, ch. 634, § 14; P.L. 1950, ch. 2542, § 1; G.L. 1956, § 46-12-26 ; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1.

Repealed Sections.

Former § 46-12-18 (P.L. 1920, ch. 1914, § 10; G.L. 923, ch. 125, § 10; G.L. 1938, ch. 634, § 10; G.L. 1956, § 46-12-18 ; P.L. 1966, ch. 261, § 16), relating to criminal conviction, was repealed by P.L. 1970, ch. 88, § 5.

46-12-19. Public access to information.

  1. Any permit, permit application, or effluent data shall be available to the public for inspection and copying.
  2. Other records, reports, or information obtained under this chapter also may be made available to the public for inspection and copying; provided, that upon a showing, satisfactory to the director by any person, that the records, reports, or information or any part thereof, except as provided in subsection (a) of this section, would if made public divulge methods or processes entitled to protection as trade secrets of the person, the director shall consider, treat, and protect the record, report, or information, or part thereof, as confidential; provided, however, that the record, report, or information accorded confidential treatment may be disclosed or transmitted to other officers, employees, or authorized representatives of this state or of the United States concerned with carrying out this chapter or, when relevant, in any proceeding under this chapter.

History of Section. P.L. 1983, ch. 149, § 1.

Repealed Sections.

The former section (P.L. 1920, ch. 1914, § 11; G.L. 1923, ch. 125, § 11; G.L. 1938, ch. 634, § 11; G.L. 1956, § 46-12-19 ; P.L. 1966, ch. 261, § 16; P.L. 1970, ch. 88, § 6; impl. am. P.L. 1974, ch. 274, § 4), concerning proceedings for enforcement, was repealed by P.L. 1983, ch. 149, § 1.

46-12-20. Rules — Proceedings.

In establishing any rule or regulation hereunder or in the conduct of proceedings or in any appeal from an order of the director provided for by this chapter, the provisions of chapter 35 of title 42 shall apply.

History of Section. P.L. 1920, ch. 1914, § 16; G.L. 1923, ch. 125, § 16; G.L. 1938, ch. 634, § 16; G.L. 1956, § 46-12-29 ; P.L. 1966, ch. 261, § 14; P.L. 1983, ch. 149, § 1.

Repealed Sections.

Former § 46-12-20 (P.L. 1920, ch. 1914, § 12; P.L. 1921, ch. 2090, § 5; G.L. 1923, ch. 125, § 12; G.L. 1938, ch. 634, § 12; P.L. 1954, ch. 3334, § 2; G.L. 1956, § 46-12-20 ), relating to appeal to supreme court, was repealed by P.L. 1966, ch. 261, § 11.

46-12-21. Liability.

Any person who shall negligently or intentionally pollute groundwater shall be liable to any other person who is damaged by that pollution.

History of Section. P.L. 1920, ch. 1914, § 16; G.L. 1923, ch. 125, § 16; G.L. 1938, ch. 634, § 16; G.L. 1956, § 46-12-30 ; P.L. 1983, ch. 149, § 1.

Repealed Sections.

The former section (P.L. 1920, ch. 1914, § 12; P.L. 1921, ch. 2090, § 5; G.L. 1923, ch. 125, § 12; G.L. 1938, ch. 634, § 12; G.L. 1956, § 46-12-21 ; P.L. 1966, ch. 261, § 16), concerning the effect of an order of the director pending appeal, was repealed by P.L. 1983, ch. 149, § 1.

NOTES TO DECISIONS

Complaint.

A land purchaser who sued a former lessee of the seller for damages allegedly resulting from the lessee’s chemical contamination of the property was permitted to amend his complaint to add one count based upon this section, where his scattered references to the statute in pleadings and memoranda put the lessee sufficiently on notice that statutory liability might be an issue in the litigation. Wilson Auto Enterprises, Inc. v. Mobil Oil Corp., 778 F. Supp. 101, 1991 U.S. Dist. LEXIS 17070 (D.R.I. 1991).

Insurance Coverage.

Where an insured alleges that a spill of hazardous contaminants in 1974 migrated through the groundwater, causing immediate injury to the pertinent property which was not discovered, however, until at least 1979, coverage under a general liability policy would be triggered by an occurrence that took place when property damage, which includes property loss, manifested itself or was discovered or in the exercise of reasonable diligence would be discoverable. CPC Int'l v. Northbrook Excess & Surplus Ins. Co., 668 A.2d 647, 1995 R.I. LEXIS 299 (R.I. 1995).

Retroactive Application.

The plaintiff, which had purchased a textile-manufacturing facility whose site had been contaminated 12 years prior to the purchase with trichloroethylene (TCE) during the time it was owned by a subsidiary of a corporation whose successor was the defendant, could not recover damages it incurred in the aftermath of the site’s contamination by asserting a cause of action under this section, as this section was enacted four years after the defendant’s subsidiary sold the property, and 11 years after the contamination occurred. Hydro-Manufacturing v. Kayser-Roth Corp., 640 A.2d 950, 1994 R.I. LEXIS 124 (R.I. 1994).

Since this provision does not trigger duties based on “ownership,” failure to remediate a spill that occurred prior to the statute’s enactment, even if the resulting contamination persists subsequent to that date, does not constitute a violation. Raymond K. Hoxsie Real Estate Trust v. Exxon Educ. Found., 81 F. Supp. 2d 359, 2000 U.S. Dist. LEXIS 1084 (D.R.I. 2000).

Summary Judgment.

In an action in which property owners sought to hold a pipeline operator liable for remediating groundwater contamination, the pipeline operator was entitled to summary judgment on a claim brought under the Rhode Island Water Pollution Control Act, R.I. Gen. Laws § 46-12-21 , because there was a lack of evidence showing that the pipeline operator polluted groundwater. Dunellen, LLC v. Power Test Realty Co. Ltd. P'ship, 2013 U.S. Dist. LEXIS 5780 (D.R.I. Jan. 11, 2013).

Collateral References.

Pollution of subterranean waters as nuisance, 38 A.L.R.2d 1285.

46-12-22. Access of enforcement officers to premises.

The attorney general, the director of the department of environmental management, and their agents, while in the performance of their duties, may at all reasonable times enter any premises, buildings, plant, or equipment, or other places belonging to, or controlled by, any person who is believed to be discharging to the waters or who is believed to be discharging to a publicly owned treatment works, and inspect the same or any part thereof, have access to and copy any records required to be maintained, inspect any monitoring equipment or monitoring method which is required, and have access to and sample any discharges. Any person obstructing, hindering, or in any way causing to be obstructed or hindered the director of the department of environmental management, the attorney general, or any of their agents in the performance of his or her duties, or who shall refuse to permit the director, the attorney general, or any of their agents entrance into any premises, buildings, plant, or equipment, or other places belonging to or controlled by the person, in the performance of his or her duties as such, shall be subject to the civil and criminal penalties set forth in §§ 46-12-13 and 46-12-14 .

History of Section. P.L. 1920, ch. 1914, § 21; P.L. 1921, ch. 2090, § 6; G.L. 1923, ch. 125, § 18; G.L. 1938, ch. 634, § 18; G.L. 1956, § 46-12-31 ; P.L. 1966, ch. 261, §§ 15, 16; P.L. 1977, ch. 182, § 16; P.L. 1983, ch. 149, § 1.

Repealed Sections.

The former section (P.L. 1920, ch. 1914, § 12; P.L. 1921, ch. 2090, § 5; G.L. 1923, ch. 125, § 12; G.L. 1938, ch. 634, § 12; G.L. 1956, § 46-12-22 ; P.L. 1966, ch. 261, 16), concerning a transcript as evidence on appeal, was repealed by P.L. 1983, ch. 149, § 1.

46-12-23. Town and city expenditures for pollution control.

The town council of every town and city council of every city are hereby authorized to make available sufficient money to pay for the proper control of the pollution of waters in their respective towns or cities, and the towns and cities may raise the money by the issue of interest bearing notes of the town or city, which notes shall not be considered in determining whether the indebtedness of the town or city is in excess of the statutory limitation; provided, however, that before any notes or any other evidences of indebtedness are issued, any and all plans and specifications for the proper control of the pollution of the waters shall be submitted to and receive the approval of the state department of environmental management.

History of Section. P.L. 1940, ch. 952, § 1; G.L. 1956, § 46-12-32; P.L. 1983, ch. 149, § 1.

Repealed Sections.

The former section (P.L. 1920, ch. 1914, § 12; P.L. 1921, ch. 2090, § 5; G.L. 1923, ch. 125, § 12; G.L. 1938, ch. 634; § 12; G.L. 1956, § 46-12-23 ; P.L. 1966, ch. 261, § 16), concerning the introduction of new evidence on appeal, was repealed by P.L. 1983, ch. 149, § 1.

46-12-24. State grants and loans for pollution prevention facilities to governmental entities.

The director is authorized, within any limits of funds made available therefor, to make grants and loans to any municipality, inter-municipal agency, municipal sewer district, or state district or agency for the construction of necessary facilities to prevent the discharge of untreated or inadequately treated pollutants into the waters of the state, and for the preparation of reports, plans, and specifications required in connection therewith under the following terms:

  1. The grant or loan shall be made only in connection with a project which has or would be eligible for a grant or loan under the Clean Water Act, 33 U.S.C. § 1251 et seq., as amended from time to time.
  2. The amount of the grant or loan shall be in an amount necessary to assure the recipient of the maximum federal aid that it can anticipate qualifying for under the Clean Water Act, 33 U.S.C. § 1251 et seq., or to supplement federal aid when the maximum federal aid, for which the project is eligible, is not currently available, or to provide state assistance for projects which are eligible under the Clean Water Act but which may not receive such federal assistance.
  3. The plans and specifications for the project must be approved by the director in accordance with this chapter.
  4. The grant or loan shall be made available to the applicant in partial payments on a time schedule similar to that followed by the United States Environmental Protection Agency, the payments to be proportioned in a similar manner except that the director may reimburse applicants for eligible projects that have already been initiated, but not yet completed, and for which only partial federal and/or state aid was provided.
  5. No grant or loan shall be made for any project until the applicant has made provision satisfactory to the director for assuring its proper and efficient operation and maintenance.
  6. An applicant for a grant or loan must file such executed forms and provide such information as may be required by the director.

History of Section. P.L. 1967, ch. 198, § 14; G.L. 1956, § 46-12-33; P.L. 1983, ch. 149, § 1; P.L. 1986, ch. 289, art. 1, § 1.

Repealed Sections.

The former section (P.L. 1920, ch. 1914, § 13; G.L. 1923, ch. 125, § 13; G.L. 1938, ch. 634, § 13; G.L. 1956, § 46-12-24 ; P.L. 1966, ch. 261, § 16), concerning consultation with persons discharging sewage, was repealed by P.L. 1983, ch. 149, § 1.

46-12-24.1. State grants and loans for pollution prevention facilities to nongovernmental entities.

The director is authorized within any limits of funds made available therefor, to make grants and loans to any nongovernmental entities in Rhode Island for the construction of necessary facilities to prevent the discharge of untreated or inadequately treated pollutants into the waters of the state, and for the preparation of reports, plans, and specifications required in connection therewith under the following terms:

  1. The plans and specifications for the project must be approved by the director in accordance with this chapter.
  2. No grant or loan shall be made for any project until the applicant has made provision satisfactory to the director for assuring its proper and efficient operation and maintenance.
  3. An applicant for a grant or loan must file such executed forms and provide such information as may be required by the director.

History of Section. P.L. 1986, ch. 289, art. 1, § 2.

46-12-24.2. Rhode Island Clean Water Act environmental trust fund.

  1. Findings.
    1. Protecting the ground and surface water of the state from pollution is vital to the health and general welfare of the citizens of the state;
    2. Construction, rehabilitation, and maintenance of modern and efficient waste water treatment systems and facilities is essential to protecting and improving the state’s water quality and to the state’s development;
    3. Significant nonpoint sources of pollution and combinations of sewerage and storm water runoff collection systems exist in the state and contribute to pollution;
    4. Certain areas of the state continue to be served by septic systems even though those areas should be served by interceptors to carry pollutants to waste water treatment facilities;
    5. Federal funds available to the state in the form of grants pursuant to the federal Clean Water Act, 33 U.S.C. § 1251 et seq., are currently inadequate to permit Rhode Island governmental entities to achieve secondary treatment within a five (5) year period, and the anticipated reduction in federal funds available to the state and its governmental units may make it difficult to achieve the goal of improvement to the state’s water quality;
    6. A fund should be established to provide sufficient continuing financial resources so that the state may achieve its water quality goals by providing for loans and grants to governmental entities and others.
  2. Creation of fund.  There is hereby created the Rhode Island Clean Water Act environmental trust fund (hereinafter referred to as “the fund” or “the Trust Fund”) into which shall be deposited with the general treasurer of the state of Rhode Island:
    1. Proceeds from the sale of bonds and notes, including any premiums and accrued interest, issued under or advances pursuant to, article III of the Public Laws 1987, chapter 289;
    2. State appropriations;
    3. Repayment of loans from entities which have been qualified to receive loans by the director;
    4. Federal grants and loans; and
    5. Unless otherwise specified by the director, all other money, including gifts, bequests, administrative, and civil and criminal penalties received in connection with the enforcement of this chapter, or other funds from any public or private sources which money are intended to improve water quality.
  3. Use of fund; purposes.  All money in the fund shall be expended in accordance with the general laws of the state of Rhode Island, and are hereby specifically restricted to providing grants and loans, and required state share or related expenses for the Narragansett Bay study, consistent with the provisions of this chapter and with the provisions of the Clean Water Act, 33 U.S.C. § 1251 et seq., as it may be amended from time to time. Proceeds from the sale of bonds and notes deposited into the fund shall be expended in accordance with the proposition approved by the people. Any proceeds from the sale of bonds or notes approved by the people after 1988, may also be expended for the Narragansett Bay study to develop and implement a conservation and management plan, and by the department of environmental management to implement a management program for the control of water pollution from nonpoint sources, including all necessary administrative costs. With respect to the fund, the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment out of the fund of such sum or sums as may be required from time to time upon receipt by him or her of properly authenticated vouchers approved by the director (as hereinafter defined) or his or her delegate. Expenses of issue of the bonds and notes issued under article III of Public Laws 1987, chapter 289, may be paid from the fund.
  4. Administration of fund.  All money in the fund shall be expended under the direction and supervision of the director and the director or the director’s delegate, as the case may be, shall be vested with all power and authority necessary and incidental to the purposes of this chapter, and these powers and authorities granted to the director or the director’s delegate, as the case may be, shall be in addition to and not in substitution for all other power provided by law.
  5. Investment of money in fund.  All money in the fund not immediately required for payment pursuant to the provisions of this section may be invested by the state investment commission as established by chapter 10 of title 35; provided, however, that the securities in which the fund is invested shall remain part of the fund until exchanged for other securities, and provided, further, that the income from any investments shall remain as part of the fund, unless prohibited by applicable federal law.
  6. Advances from general fund.  The general treasurer is authorized from time to time with the approval of the governor and the director of the department of administration in anticipation of the receipts of funds enumerated in subsection (b) to advance sums to the fund for the purposes specified in subsection (c), any funds of the state not specifically held for any particular purposes; provided, however, that any advances made to the fund shall be returned to the general fund forthwith upon receipt by the fund of monies to the extent of the advances.
  7. Termination of fund.  Upon a finding by the director that the fund is no longer needed for its purposes, the fund shall be terminated and shall be audited. Ninety (90) days following the final audit of the fund by the state auditor general, the fund shall cease to exist and any unobligated money in the fund shall be transferred to the state’s general fund and shall be applied to the payment of debt service charges of the state.

History of Section. P.L. 1986, ch. 289, art. 11, § 1; P.L. 1988, ch. 84, § 114; P.L. 1988, ch. 238, art. 1, § 1.

46-12-24.3. Repealed.

Repealed Sections.

Former § 46-12-24.3 (P.L. 1988, ch. 238, art. 2, § 1), concerning the Rhode Island water pollution revolving loan fund, was repealed by P.L. 1989, ch. 303, § 1, effective July 7, 1989.

46-12-25. Report required by owners or lessees of solid waste disposal areas.

If any person, firm, or corporation continuously uses any area for the disposal of solid waste which is located within two hundred feet (200´) of any water course, then the owner of the land or lessee, if leased land, where the area is located must submit to the director a written report every sixty (60) days or more frequently if required by the director. The report shall contain among other things the content of dissolved oxygen, the biological oxygen demand, chlorides, iron, and a coliform bacteria count, from sites tested immediately upstream and downstream of the landfill area at locations prescribed by the director.

History of Section. P.L. 1973, ch. 207, § 1; P.L. 1983, ch. 149, § 1.

Repealed Sections.

The former section (P.L. 1920, ch. 1914, § 14; G.L. 1923, ch. 125, § 14; G.L. 1938, ch. 634, § 14; P.L. 1947, ch. 1835, § 1; P.L. 1950, ch. 2542, § 1; G.L. 1956, § 46-12-25 ; P.L. 1966, ch. 261, §§ 12, 16), concerning submission of plans of existing sewage purification drains, was repealed by P.L. 1983, ch. 149, § 1.

46-12-25.1. Repealed.

Repealed Sections.

Former § 46-12-25.1 (P.L. 1988, ch. 546, § 1), concerning wells in proximity to solid waste disposal areas, was repealed by P.L. 1992, ch. 425, § 3, effective June 1, 1993.

46-12-26. Penalty for failure to report.

Any person, firm, or corporation who shall fail to submit reports as required by § 46-12-25 , shall be punished by a fine of four hundred dollars ($400) per day for each day that a report is not filed.

History of Section. P.L. 1973, ch. 207, § 1; G.L. 1956, § 46-12-35; P.L. 1983, ch. 149, § 1.

46-12-27. Penalty for falsification of report.

Any person, firm, or corporation who shall falsify any report required by § 46-12-25 , shall be punished by a fine not exceeding four hundred dollars ($400), or by imprisonment of not more than one year, or both.

History of Section. P.L. 1973, ch. 207, § 1; G.L. 1956, § 46-12-36; P.L. 1983, ch. 149, § 1.

Repealed Sections.

The former section (P.L. 1950, ch. 2542, § 1; G.L. 1956, § 46-12-27 ; P.L. 1966, ch. 261, § 16), relating to relief in equity or by perogative writ, was repealed by P.L. 1970, ch. 88, § 7.

46-12-28. Protection of groundwaters.

Groundwaters shall be and shall be deemed to be waters of the state and shall be protected pursuant to the provisions of this chapter with respect to the following activities, which shall be regulated by the director in accordance with the provisions of this chapter and chapter 13.1 of this title:

  1. Discharge of pollutants onto or beneath the land surface; in a location where it is likely for the pollutants to enter the groundwaters of the state;
  2. Subsurface containment systems used to store wastewaters, petroleum products, hazardous materials or other pollutants;
  3. Facilities which treat or provide for disposal of petroleum products, hazardous materials, hazardous waste, solid waste or dredged material;
  4. Facilities with store bulk quantities of petroleum products, hazardous materials or hazardous waste;
  5. Facilities and activities which have caused or have the potential to cause a release of pollutants to groundwater;
  6. Activities undertaken to remediate groundwater quality.

History of Section. P.L. 1983, ch. 149, § 1; P.L. 1995, ch. 149, § 1.

Repealed Sections.

The former section (P.L. 1920, ch. 1914, § 14; G.L. 1923, ch. 125, § 14; G.L. 1938, ch. 634, § 14; P.L. 1947, ch. 1835, § 1; P.L. 1950, ch. 2542, § 1; G.L. 1956, § 46-12-28 ; P.L. 1966, ch. 261, §§ 13, 16), concerning the penalty for violations as to reports and records, was repealed by P.L. 1983, ch. 149, § 1.

Collateral References.

Pollution of subterranean waters as nuisance, 38 A.L.R.2d 1285.

46-12-29. Effective date of chapter.

This chapter shall take effect on September 15, 1983, except that prior to that date the director of the department of environmental management may conduct any hearings necessary to carry out the purposes of this chapter, and file with the secretary of state any rules and regulations authorized by this chapter to take effect on or after that date.

History of Section. P.L. 1981, ch. 253, § 1; G.L. 1956, § 46-12-37 ; P.L. 1983, ch. 149, § 1.

46-12-30. Repealed.

Repealed Sections.

This section (P.L. 1985, ch. 486, § 1; P.L. 1995, ch. 370, art. 40, § 155), establishing the underground storage tank replacement revolving loan program, was repealed by P.L. 2003, ch. 103, art. 4, § 1, effective July 3, 2003.

46-12-30.1. Repealed.

Repealed Sections.

This section (P.L. 1985, ch. 486, § 1; P.L. 1995, ch. 370, art. 40, § 155), concerning legislative findings and intent relating to underground storage tanks, was repealed by P.L. 2003, ch. 103, art. 4, § 1, effective July 3, 2003.

46-12-30.2. Definitions and guidelines for replacement and periodic inspection of tanks.

  1. All definitions and guidelines for replacement and periodic inspection of tanks shall be developed by the director of the department of environmental management in conjunction with the director’s efforts to promulgate regulations for underground storage facilities used for petroleum products and hazardous materials, to be promulgated under the authority of this chapter and chapters 17.1 and 35 of title 42.
  2. The regulations shall require that all federally regulated underground storage tanks used for petroleum products and subject to registration in this state shall be inspected at least once in each thirty-six (36) month period.
  3. Any funds remaining in the underground storage tank replacement revolving loan program account after repeal of § 46-12-30.3 shall be used in accordance with the provisions of subsections (a) and (b) of this section and any rules and regulations promulgated therein.

History of Section. P.L. 1985, ch. 486, § 1; P.L. 1988, ch. 84, § 62; P.L. 2002, ch. 239, § 1; P.L. 2003, ch. 103, art. 4, § 1; P.L. 2007, ch. 100, § 1; P.L. 2007, ch. 114, § 1.

Compiler’s Notes.

P.L. 2007, ch. 100, § 1, and P.L. 2007, ch. 114, § 1, enacted identical amendments to this section.

Collateral References.

Application of statute of limitations in private tort actions based on injury to persons or property caused by underground flow of contaminants. 11 A.L.R.5th 438.

State and local government control of pollution from underground storage tanks. 11 A.L.R.5th 388.

46-12-30.3. Repealed.

Repealed Sections.

This section (P.L. 1985, ch. 486, § 1; P.L. 1995, ch. 370, art. 40, § 155), establishing the underground storage tank replacement revolving loan program fund, was repealed by P.L. 2003, ch. 103, art. 4, § 1, effective July 3, 2003.

46-12-30.4. Repealed.

Repealed Sections.

This section (P.L. 1985, ch. 486, § 1), concerning administration of the underground storage tank revolving loan fund, was repealed by P.L. 2003, ch. 103, art. 4, § 1, effective July 3, 2003.

46-12-30.5. Bonds authorized.

The general treasurer is hereby authorized and empowered, with the approval of the governor and in accordance with the requirements of law, to issue from time to time bonds in the name and on behalf of the state and in such amounts as may be specified in an amount not to exceed one million five hundred thousand dollars ($1,500,000).

History of Section. P.L. 1985, ch. 486, § 1.

46-12-31. — 46-12-36. [Transferred.]

Transferred Sections.

These sections were transferred to §§ 46-12-22 46-12-27 by P.L. 1983, ch. 149, § 1.

46-12-37. Waste from seagoing vessels.

The owners and/or agents of any seagoing vessel entering the waters or waterways of this state which intends to transfer or discharge any type of waste or bilge at a certified shore facility or terminal pursuant to the Resource and Conservation Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., shall first file a performance bond or other evidence of financial responsibility with the director in the amount of at least fifty thousand dollars ($50,000) payable to the state of Rhode Island. In the event the vessel causes damage to the environment, the bond shall be forfeited to the extent of the costs incurred by the state to rectify and clean up the damage to the environment and natural resources of the state and to the extent of any fine levied for violations of water pollution abatement laws. Any seagoing vessel transferring any type of waste or bilge without coverage shall be fined not more than five thousand dollars ($5,000).

History of Section. P.L. 1986, ch. 96, § 1.

Compiler’s Notes.

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

46-12-38. Licensing of underground storage tank tightness testing.

  1. Definitions.  As used in this section and in conjunction with this chapter these terms shall be construed to mean:
    1. “Test”  means a tank tightness test capable of detecting a five hundredths (.05) gallon per hour leak from any portion of an underground storage tank (including but not limited to piping) that routinely contains petroleum products or hazardous materials while accounting for effects such as thermal expansion or contraction of the petroleum product or hazardous materials, vapor pockets, tank deformation, evaporation or condensation, the location of the water table, or other conditions that could affect test results and which have been approved, in writing, by the director for use in the state of Rhode Island.
    2. “Tester”  means an individual who performs tightness tests on underground storage tanks.
    3. “Testing business”  means a person who employs or subcontracts with testers in the regular course of business.
  2. Authority of the director.  The director shall promulgate rules and regulations consistent with this chapter and with chapter 13.1 of title 46 entitled “Groundwater Protection” for the licensing of testers and testing businesses. Nothing in this section shall limit the director’s powers and duties as set forth in this chapter.
  3. License requirement and fee.
    1. No person shall test underground storage tanks or operate a testing business without a license issued by the director in accordance with this section.
    2. The director shall charge an annual fee of one hundred dollars ($100) to each tester to whom he or she issues a license. No licensure shall be issued unless the tester and testing business have paid the license fee. The director shall deposit the fees collected into the water and air protection program account created pursuant to § 42-17.1-2(26) .
    3. The results of any test performed by or on behalf of an unlicensed tester or testing business shall be considered null and void. Where it is determined that test(s) have been performed by an unlicensed tester or testing business, the owner or operator of the underground storage tank(s) shall, within ten (10) days of discovery, either have the underground storage tank(s) retested by a duly licensed tester or testing business, or have the underground storage tank(s) emptied and removed from the ground as if they had failed the test(s). Any unlicensed tester or testing business that conducts business in the state of Rhode Island shall be strictly liable for the cost of any retesting performed in accordance with this section.
    4. No license shall be issued unless the tester and/or testing business shall demonstrate that they, jointly or severally, possess liability insurance in an amount satisfactory to the director for any environmental harm, property damage and bodily injury resulting from tank tightness testing activities, including, but not limited to, performance of tests; the collection, calculation and analysis of test data; handling, calibration, operation and maintenance of testing equipment; and the preparation of test results. The amount of liability insurance shall be established by the director.
    5. The rules and regulations promulgated by the director in accordance with this section may, without limitation, require that testers hold and maintain certain certifications, and/or pass written or practical examinations as a prerequisite to licensure. The director may assess a reasonable fee to cover the cost of any examination administered by or on behalf of the department of environmental management.
  4. Revocation of license.  The director shall revoke the license of any tester or testing business who fails to comply with this section or with the rules and regulations promulgated hereunder after the director has provided the party with notice and the opportunity to be heard in accordance with chapter 35 of title 42.

History of Section. P.L. 1990, ch. 320, § 3; P.L. 1998, ch. 52, § 1; P.L. 1998, ch. 304, § 1; P.L. 2008, ch. 475, § 28.

46-12-39. Discharge of sewage from boats.

  1. It shall be unlawful to discharge any sewage from a boat into the waters of the state unless discharged via a marine toilet which is either a marine sanitation device-type I, or a marine sanitation device-type II, in proper working condition.
  2. It shall be unlawful to discharge any sewage from a boat into the waters of the state in an area which has been declared to be a no discharge zone.
  3. It shall be unlawful to operate or moor in the waters of the state, a boat which is equipped with a marine toilet which is not a type approved pursuant to the Clean Water Act, 33 U.S.C. § 1251 et seq., and that is in proper working condition.
  4. It shall be unlawful to operate or moor in the waters of the state in an area declared to be a no discharge zone, a boat which is equipped with a marine toilet which is not properly sealed to prevent discharge of sewage into the water.
  5. No discharge zones shall be identified by the department of environmental management. The department of environmental management shall utilize criteria established under the Federal Water Pollution Control Act of 1972 (Water Quality Act), 33 U.S.C. § 1251 et seq., and 40 CFR 140.4 in identifying such areas, and shall be the sole agency of the state in seeking federal designation of such areas; it shall seek the advice and comment of the Coastal Resources Management Council (CRMC). Municipalities of the state may nominate areas for designation as no discharge zones only as an element of a Harbor Management Plan (HMP) approved by the CRMC in accordance with established regulation.

History of Section. P.L. 1991, ch. 332, § 2.

46-12-39.1. No discharge certificate decal — Required.

  1. Definitions.  As used in this section and in conjunction with this chapter, the following terms shall be construed as follows:
    1. “Certification agent”  means a marina or boatyard which is capable of installing sewage disposal holding tanks and related equipment; a certified marine sewage pump-out facility, including a mobile facility; other established marine businesses, included, but not limited to, marine surveyors and mobile marine repair facilities, that are experienced in the evaluation, repair and/or installation of boat sewage systems; and local harbor masters and assistant harbor masters.
  2. No person shall operate or moor for more than thirty (30) days, a boat in the waters of the state, that has a permanently installed marine toilet unless such boat displays in a prominent position an approved “no discharge certificate decal.”
  3. Subsection 45-12-39.1(b) shall not apply to any vessel carrying a valid certificate of inspection issued by the U.S. Coast Guard pursuant to title 46 of the U.S. Code.
  4. Two (2) no discharge certificate decals, differing in color, shall be made available by the department of environmental management for issuance to boats subject to the requirements of this section.
    1. Decals of one color shall signify that the recipient boat has a marine toilet, in proper working order, which is either a marine sanitation device-type I, a marine sanitation device-type II, or a marine sanitation device-type III with a holding tank and through-hull fitting that would allow sewage to be discharged overboard, but the boat owner or operator had taken the steps necessary to prevent the discharge of sewage into the waters of the state.
    2. Decals of the other color shall signify that the recipient boat either has a marine sanitation device-type III with a holding tank and no through-hull fitting that would allow sewage to be discharged overboard, or no marine toilet at all.
  5. Certification shall remain in effect for forty-eight (48) months after each certification, and no additional certification shall be required during that period.
  6. The department of environmental management shall collect and deposit into a separate general revenue account a fee of ten dollars ($10.00) for each certificate to defray the cost of implementation of this section.
  7. Certificate decals may be obtained from any certification agent.
  8. Before a certificate decal may be issued, a certification agent must visually inspect each permanently installed marine toilet on a boat, as well as any associated plumbing or holding tank fixtures, to ascertain whether the boat is in compliance with § 46-12-39 . If necessary, the certification agent shall perform a color-dye flush test of each toilet to verify compliance.
  9. For inspections conducted pursuant to this section, certification agents may collect and retain a fee, not to exceed twenty-five dollars ($25.00) for each permanently installed marine toilet aboard each boat. This fee shall be in addition to the minimum ten dollar ($10.00) fee for each decal issued, which certification agents shall collect and forward to the department of environmental management pursuant to subsection (f) above.

History of Section. P.L. 2004, ch. 338, § 1; P.L. 2004, ch. 399, § 1; P.L. 2005, ch. 243, § 1; P.L. 2006, ch. 45, § 1; P.L. 2006, ch. 181, § 1; P.L. 2006, ch. 201, § 1.

46-12-40. Penalty for violations.

  1. Every person in violation of § 46-12-39 or owning, operating or causing to be operated, upon the waters of the state, a boat in violation of the provisions of § 46-12-39 or aiding in so doing, shall for the first offense be punished by a fine of not more than five hundred dollars ($500), or be imprisoned for not more than one year in the adult correctional institutions, or both such fine and imprisonment, and for a second and each subsequent offense shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than one year in the adult correctional institutions, or both such fine and imprisonment, in the discretion of the court. If a municipality assists in the prosecution of a violation of § 46-12-39 any fine imposed for that violation shall be paid one-half (1/2) thereof to the general treasurer of the state and one-half (1/2) thereof to the treasurer of the town or city where the offense occurred.
  2. Every person in violation of § 46-12-39.1 , or owning, operating or causing to be operated, upon the waters of the state, a boat in violation of the provisions of § 46-12-39.1 , shall be guilty of a civil violation and subject to a fine of up to one hundred dollars ($100). If a municipality assists in the prosecution of a violation of § 46-12-39.1, any fine imposed for that violation shall be paid one-half (1/2) thereof to the general treasurer of the state and one-half (1/2) thereof to the treasurer of the town or city where the offense occurred.
  3. Notwithstanding any inconsistent provision of law, the municipal court shall have concurrent jurisdiction with the district court to hear and adjudicate violations under this section.

History of Section. P.L. 1991, ch. 332, § 2; P.L. 2004, ch. 338, § 2; P.L. 2004, ch. 399, § 2; P.L. 2006, ch. 45, § 3; P.L. 2006, ch. 181, § 3.

46-12-41. Enforcement.

  1. The department of environmental management, harbormasters, assistant harbormasters, police officers authorized to make arrests, and employees of the department of environmental management authorized to enforce the provisions of chapter 22 of this title shall have the authority to enforce the provisions of § 46-12-39 and § 46-12-39.1 . In the exercise of enforcing the provisions of § 46-12-39 they shall have the authority to stop and board any vessel subject to this chapter.
  2. Harbormasters and assistant harbormasters are authorized to make periodic color dye flush tests of boats subject to § 46-12-39.1 , and may check such boats moored in their jurisdictions for no discharge certificate decals, as required pursuant to § 46-12-39.1 .
  3. Municipalities of the state may deny a mooring permit to any boat not in compliance with § 46-12-39.1 .

History of Section. P.L. 1991, ch. 332, § 2; P.L. 2004, ch. 338, § 2; P.L. 2004, ch. 399, § 2; P.L. 2006, ch. 45, § 4; P.L. 2006, ch. 181, § 4.

Chapter 12.1 Underground Storage Tanks

46-12.1-1. Purpose and scope of chapter.

  1. For the purposes of promoting health, safety, or general welfare, and in order to effect uniform regulation within the state for regulating underground storage tanks as defined in § 46-12.1-2 , the cities and towns may adopt, in accordance with the provisions of this chapter, ordinances providing for the regulation and control of underground storage tanks as defined in § 46-12.1-2 , and establishing procedures for the registration, testing and removal of such underground tanks.
  2. The purpose of this chapter is to protect public health from the contamination of public and private water supplies due to leakage from such facilities, to protect public safety from the dangers of fire and explosion associated with such leakage, and to protect the general welfare by preserving limited water supplies for present and future use.
  3. Ordinances shall be, as far as possible, consistent with state regulations and in no case shall be less stringent than state rules and regulations.

History of Section. P.L. 1985, ch. 488, § 1.

Collateral References.

Tort liability for pollution from underground storage tank. 5 A.L.R.5th 1.

46-12.1-2. Definitions.

As used in this chapter, all terms shall, where the context permits, be construed in accordance with the “regulations for underground storage facilities used for petroleum products and hazardous materials,” as promulgated by the department of environmental management. The following terms as used in this chapter shall have the following meanings:

  1. “Abandoned”  means the relinquishment or termination of possession, ownership, or control of underground storage tanks, by vacating or by disposition, or the underground storage tank being out of service for a continuous period in excess of six (6) months.
  2. “Underground”  means that ten percent (10%) or more of the volume of facility components storage tanks and piping is buried in the ground.
  3. “Underground storage tank”  means either:
    1. On site underground storage tanks used for storing heating oil and serving a one, two (2), or three (3) family dwelling including underground pipes connected thereto; or
    2. Farm or residential underground storage tanks holding less than one thousand one hundred (1,100) gallons and storing motor fuel or heating oil for noncommercial purposes including underground pipes connected thereto.
  4. “Enforcing officer”  means the chief of the fire department, the building official, the public safety director, the public utilities director or the public works director of the several cities, towns and fire districts, as may be designated in any ordinance adopted under this chapter, or his or her designee.

History of Section. P.L. 1985, ch. 488, § 1; P.L. 2001, ch. 311, § 1; P.L. 2001, ch. 363, § 1.

46-12.1-3. Powers and duties of city or town enforcing officer.

The enforcing officer shall be responsible for administering local ordinances adopted pursuant to this chapter. In addition to any other powers granted the enforcing officer by ordinance or other state law, the officer shall have the authority to:

  1. Issue permits for the maintenance, installation, abandonment, and removal of underground storage tanks;
  2. Require the removal, at the owner’s expense, of all tanks and underground pipes deemed to pose a threat to the public health or the environment;
  3. Require testing, monitoring, record keeping, and reporting by the owner or operator, and record keeping and reporting by suppliers;
  4. Inspect facilities at which underground storage tanks are located;
  5. Require closure of abandoned storage tanks consistent with the permanent closure procedures in the regulations for underground storage facilities used for petroleum products and hazardous materials issued by the department of environmental management.

History of Section. P.L. 1985, ch. 488, § 1; P.L. 2001, ch. 311, § 1; P.L. 2001, ch. 363, § 1.

46-12.1-4. Penalties.

Violations of the provisions of § 46-12.1-3 shall be subject to fines of fifty ($50.00) dollars per day for each day the tank remains in the ground after notification, in writing, by the enforcing officer that the provisions of § 46-12.1-3 have been violated. This penalty shall be in addition to any fine or penalty that may be assessed under other state law or regulations.

History of Section. P.L. 1985, ch. 488, § 1; P.L. 1988, ch. 84, § 115.

Chapter 12.2 Rhode Island Infrastructure Bank

46-12.2-1. Legislative findings.

  1. It is hereby found that there exists and will in the future exist within the state of Rhode Island the need to construct facilities and to facilitate projects for the abatement of pollution caused by wastewater for the enhancement of the waters of the state, and for the completion of renewable energy and energy efficiency projects in order to save property owners money and to encourage job and business growth in Rhode Island.
  2. It is hereby further found that to meet water quality goals under federal and state law, and to secure maximum benefit of funding programs available under federal and state law pertaining to wastewater pollution abatement projects, it is necessary to establish a revolving loan fund program in accordance with federal and state law to provide a perpetual source of low cost financing for water pollution abatement projects.
  3. It is hereby further found that to secure maximum benefit to the state from funding programs available under federal and state law and, to the extent permissible to attract private capital, for water pollution abatement projects, for safe drinking water projects, for municipal road and bridge projects, and other infrastructure related projects, it is necessary to establish a finance agency to administer the revolving loan funds and other financing mechanisms, and for the finance agency to work with the department of environmental management, Rhode Island department of transportation, the Rhode Island office of energy resources and other federal and state agencies for proper administration of revolving loan funds and other financing mechanisms.
  4. It is hereby further found that cities and towns can lower the costs of borrowing for road and bridge projects through cooperation with the Rhode Island infrastructure bank and that greater coordination among cities and towns will enable more efficient allocation of infrastructure resources by the state of Rhode Island.
  5. It is hereby further found that the geographic size of and population of Rhode Island, while often derided as an impediment to economic growth, are potential assets, not handicaps, to better infrastructure development.
  6. It is hereby further found that initiatives for infrastructure finance can best be accomplished through a new, streamlined entity that seeks to foster and develop a public-private sector partnership that takes advantage of all of Rhode Island’s strengths.
  7. It is hereby further found that expanding the Rhode Island clean water finance agency and renaming it the Rhode Island infrastructure bank provides the best avenue for reducing ongoing pollution to the waters of the state and emissions that degrade air quality and contribute to climate change while fostering the creation of jobs and the realization of energy cost savings through the facilitation of infrastructure improvements.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2001, ch. 144, § 4; P.L. 2001, ch. 163, § 4; P.L. 2015, ch. 141, art. 14, § 17.

Collateral References.

Liability insurance coverage for violations of antipollution laws. 87 A.L.R.4th 444.

46-12.2-2. Definitions.

As used in this chapter, unless the context clearly indicates otherwise, the following words and phrases shall have the following meanings:

  1. “Agency” means the Rhode Island clean water finance agency, and, effective September 1, 2015, and thereafter, shall mean the Rhode Island infrastructure bank;
  2. “Approved project” means any project or portion thereof that has been issued a certificate of approval by the department for financial assistance from the agency, and also includes any project approved for financial assistance from the agency in accordance with state law, and, furthermore, shall include water pollution abatement projects funded outside of the water pollution control revolving fund, the Rhode Island water pollution control revolving fund, or the local interest subsidy trust fund, without the requirement of the issuance of a certificate of approval; and, furthermore, shall include resiliency related infrastructure projects, and projects which may, subject to compliance with all state and federal requirements, include state and federal infrastructure located within the state of Rhode Island;
  3. “Board” means the board of directors of the agency;
  4. “Bond act” means any general or special law authorizing a local governmental unit to incur indebtedness for all or any part of the cost of projects coming within the scope of a water pollution abatement project, or for other projects related to this chapter, including but not limited to, § 45-12-2 ;
  5. “Bonds” means bonds, notes, or other evidence of indebtedness of the agency;
  6. “Certificate of approval” means the certificate of approval contemplated by § 46-12.2-8 ;
  7. “Chief executive officer” means the mayor in any city, the president of the town council in any town, and the executive director of any authority or commission, unless some other officer or body is designated to perform the functions of a chief executive officer under any bond act or under the provisions of a local charter or other law;
  8. “Clean Water Act” or “act” means the Federal Water Pollution Control Act, act of June 30, 1948, ch. 758, as added Oct. 18, 1972, Pub. L. No. 92-500, 86 Stat. 896, as added Dec. 27, 1977, Pub. L. No. 95-217, 91 Stat. 1566 (codified at 33 U.S.C. § 1251 et seq., as amended and as hereafter amended from time to time);
  9. “Corporation” means any corporate person, including, but not limited to: corporations, societies, associations, limited liability companies, partnerships, and sole proprietorships;
  10. “Cost” as applied to any approved project, means any or all costs, whenever incurred, approved by the agency in accordance with § 46-12.2-8 , of planning, designing, acquiring, constructing, and carrying out and placing the project in operation, including, without limiting the generality of the foregoing, amounts for the following: planning, design, acquisition, construction, expansion, improvement, and rehabilitation of facilities; acquisition of real or personal property; demolitions and relocations; labor, materials, machinery, and equipment; services of architects, engineers, and environmental and financial experts and other consultants; feasibility studies, plans, specifications, and surveys; interest prior to and during the carrying out of any project and for a reasonable period thereafter; reserves for debt service or other capital or current expenses; costs of issuance of local governmental obligations or non-governmental obligations issued to finance the obligations including, without limitation, fees, charges, and expenses and costs of the agency relating to the loan evidenced thereby, fees of trustees and other depositories, legal and auditing fees, premiums and fees for insurance, letters or lines of credit or other credit facilities securing local governmental obligations or non-governmental obligations and other costs, fees, and charges in connection with the foregoing; and working capital, administrative expenses, legal expenses, and other expenses necessary or incidental to the aforesaid, to the financing of a project, and to the issuance therefor of local government obligations under the provisions of this chapter;
  11. “Department” means the department of environmental management;
  12. “Financial assistance” means any form of financial assistance provided by the agency to a local governmental unit, person, or corporation in accordance with this chapter for all or any part of the cost of an approved project, including, without limitation: grants, temporary and permanent loans, with or without interest, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance; provided, however, notwithstanding the foregoing, for purposes of capitalization grant awards made available to the agency, pursuant to the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5), or as otherwise required in connection with other capitalization grant awards made available to the agency, financial assistance shall also include principal forgiveness and negative interest loans;
  13. “Fully marketable form” means a local governmental obligation in form satisfactory to the agency duly executed and accompanied by an opinion of counsel of recognized standing in the field of municipal law whose opinions have been and are accepted by purchasers of like obligations to the effect that the obligation is a valid and binding obligation of the local governmental unit issuing the obligation, enforceable in accordance with its terms;
  14. “General revenues,” when used with reference to a local governmental unit, means revenues, receipts, assessments, and other moneys of the local governmental unit received from or on account of the exercise of its powers and all rights to receive the same, including without limitation:
    1. Taxes;
    2. Wastewater system revenues;
    3. Assessments upon or payments received from any other local governmental unit that is a member or service recipient of the local governmental unit, whether by law, contract, or otherwise;
    4. Proceeds of local governmental obligations and loans and grants received by the local governmental unit in accordance with this chapter;
    5. Investment earnings;
    6. Reserves for debt service or other capital or current expenses;
    7. Receipts from any tax, excise, or fee heretofore or hereafter imposed by any general or special law all or a part of the receipts of which are payable or distributable to or for the account of the local governmental unit;
    8. Local aid distributions; and
    9. Receipts, distributions, reimbursements, and other assistance received by or for the account of the local governmental unit from the United States or any agency, department, or instrumentality thereof;
  15. “Loan” means a loan by the agency to a local governmental unit, or person, or corporation for costs of an approved project, including, without limitation, temporary and permanent loans, and lines of credit;
  16. “Loan agreement” means any agreement entered into by the agency with a local governmental unit, person, or corporation pertaining to a loan, other financial assistance, local governmental obligations, or non-governmental obligations, including, without limitation: a loan agreement, trust agreement, security agreement, reimbursement agreement, guarantee agreement, financing lease agreement, appropriation agreement, or similar instrument;
  17. “Local aid distributions” means receipts, distributions, reimbursements, and other assistance payable by the state to or for the account of a local governmental unit, except such receipts, distributions, reimbursements, and other assistance restricted by law to specific statutorily defined purposes;
  18. “Local governmental obligations” means bonds, notes, financing lease obligations, appropriation obligations, and other evidences of indebtedness in fully marketable form issued by a local governmental unit to evidence a loan or other financial assistance, from the agency in accordance with this chapter or otherwise as provided herein;
  19. “Local governmental unit” means any town, city, district, commission, agency, authority, board, bodies politic and corporate, public corporation, or other political subdivision or instrumentality of the state or of any political subdivision thereof, including the Narragansett Bay commission; and, for purposes of dam safety or dam maintenance projects, any person seeking financial assistance as a joint applicant with any of the above entities;
  20. “Local interest subsidy trust fund” means the local interest subsidy trust fund established under § 46-12.2-6 ;
  21. “Non-governmental obligations” means bonds, notes, or other evidences of indebtedness in fully marketable form issued by a person or corporation to evidence a loan, or other financial assistance, from the agency in accordance with this chapter or otherwise as provided herein;
  22. “Person” means any natural person;
  23. “Priority determination system” means the system by which water pollution abatement projects are rated on the basis of environmental benefit and other criteria for funding assistance pursuant to rules and regulations promulgated by the department as they may be amended from time to time;
  24. “Projected energy efficiency savings” means, at the time a loan agreement is entered into between the agency and a local governmental unit, the savings projected to be derived from the implementation of energy efficient and renewable-energy upgrades to public buildings, as determined in accordance with the rules and regulations promulgated by the Rhode Island infrastructure bank pursuant to this chapter;
  25. “Qualified energy conservation bond” or “QECB” means those bonds designated by 26 U.S.C. § 54D [repealed];
  26. “Revenues,” when used with reference to the agency, means any receipts, fees, payments, moneys, revenues, or other payments received or to be received by the agency in the exercise of its corporate powers under this chapter, including, without limitation: loan repayments, payments on local governmental obligations, non-governmental obligations, grants, aid, appropriations, and other assistance from the state, the United States, or any agency, department, or instrumentality of either or of a political subdivision thereof, bond proceeds, investment earnings, insurance proceeds, amounts in reserves, and other funds and accounts established by or pursuant to this chapter or in connection with the issuance of bonds, including, without limitation, the water pollution control revolving fund, the Rhode Island water pollution control revolving fund, and the local interest subsidy fund, and any other fees, charges or other income received or receivable by the agency;
  27. “Rhode Island water pollution control revolving fund” means the Rhode Island water pollution control revolving fund established pursuant to § 46-12.2-6 ;
  28. “Trust agreement” means a trust agreement, loan agreement, security agreement, reimbursement agreement, currency or interest rate exchange agreement, or other security instrument, and a resolution, loan order, or other vote authorizing, securing, or otherwise providing for the issue of bonds, loans, or local governmental obligations or non-governmental obligations;
  29. “Wastewater system revenues” means all rates, rents, fee assessments, charges, and other receipts derived or to be derived by a local governmental unit from wastewater collection and treatment facilities and water pollution abatement projects under its ownership or control, or from the services provided thereby, including, without limitation: proceeds of grants, gifts, appropriations, and loans, including the proceeds of loans or grants awarded by the agency or the department in accordance with this chapter, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation, and the sale or other disposition of property; wastewater system revenues may also include rates, rents, fees, charges, and other receipts derived by the local governmental unit from any water supply of distribution facilities or other revenue producing facilities under its ownership or control; wastewater system revenues shall not include any ad valorem taxes levied directly by the local governmental unit on any real and personal property;
  30. “Water pollution abatement project” or “project” means any project eligible pursuant to Title VI of the Clean Water Act including, but not limited to, a wastewater treatment or conveyance project that contributes to removal, curtailment, or mitigation of pollution of the surface water of the state, and conforms with any applicable comprehensive land use plan which has been adopted or any dam safety, removal or maintenance project; it also means a project to enhance the waters of the state, which the agency has been authorized by statute to participate in; it also means any other project to which the agency has been authorized to provide financial assistance;
  31. “Water pollution control revolving fund” means the water pollution control revolving fund contemplated by title VI of the Water Quality Act and established under § 46-12.2-6 ;
  32. “Water Quality Act” means the Water Quality Act of 1987, Pub. L. No. 100-4, 101 Stat. 7, 33 U.S.C. § 1251 et seq., as amended from time to time.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 1993, ch. 259, § 2; P.L. 2001, ch. 112, § 1; P.L. 2001, ch. 135, § 1; P.L. 2001, ch. 144, § 4; P.L. 2001, ch. 163, § 4; P.L. 2009, ch. 5, art. 3, § 1; P.L. 2010, ch. 179, § 1; P.L. 2010, ch. 189, § 1; P.L. 2011, ch. 219, § 1; P.L. 2011, ch. 308, § 1; P.L. 2015, ch. 141, art. 14, § 17; P.L. 2017, ch. 480, § 4; P.L. 2019, ch. 216, § 1; P.L. 2019, ch. 257, § 1.

Compiler’s Notes.

26 U.S.C. § 54D, referred to in this section, was repealed by Act Dec. 22, 2017, Pub. L. No. 115-97, Title I, Subtitle C, Part V, § 13404(a), applicable to bonds issued after Dec. 31, 2017.

Title VI of the Clean Water Act, referred to in this section, is codified as 33 U.S.C. § 1381 et seq.

P.L. 2011, ch. 219, § 1, and P.L. 2011, ch. 308, § 1, enacted identical amendments to this section.

P.L. 2019, ch. 216, § 1, and P.L. 2019, ch. 257, § 1 enacted identical amendments to this section.

46-12.2-3. Establishment, composition, appointment of directors of the Rhode Island infrastructure bank.

  1. There is hereby created a body politic and corporate and public instrumentality of the state having distinct legal existence from the state and not constituting a department of the state government, to be known as the Rhode Island clean water finance agency, and, effective September 1, 2015, and thereafter, to be known as the Rhode Island infrastructure bank. Effective September 1, 2015, whenever, in any general law, public law, rule, regulation, bylaw and/or otherwise, any reference is made to the Rhode Island clean water finance agency, by name or otherwise, the reference shall be deemed to refer to and mean the “Rhode Island infrastructure bank.” The agency shall take all necessary actions to effectuate this name change, including, but not limited to, changing the name of the agency on file with any government office. The exercise by the agency of the powers conferred by this chapter shall be deemed to be the performance of an essential public function.
  2. Nothing in this act shall be construed to change or modify the corporate existence of the former Rhode Island clean water finance agency, or to change or modify any contracts or agreements of any kind by, for, or to which the Rhode Island clean water finance agency is a party thereto.
  3. The powers of the agency shall be exercised by or under the supervision of a board of directors consisting of five (5) members, four of whom shall be members of the public appointed by the governor, with the advice and consent of the senate. The governor in making these appointments shall give due consideration to persons skilled and experienced in law, finance, and public administration and give further due consideration to a recommendation by the general treasurer for one of those appointments. All appointments made by the governor shall serve for a term of two (2) years. No one shall be eligible for appointment unless he or she is a resident of this state. The members of the board of directors as of the effective date of this act [July 15, 2005] who were appointed to the board of directors by members of the general assembly shall cease to be members of the board of directors on the effective date of this act. As of the effective date of this act, the general treasurer or his or her designee, who shall be a subordinate within the general treasurer’s department, shall serve on the board of directors as an ex-officio member. Those members of the board of directors as of the effective date of this act who were appointed to the board of directors by the governor shall continue to serve the balance of their current terms.
  4. Each member of the board of directors shall serve until his or her successor is appointed and qualified. The appointed member of the board of directors shall be eligible for reappointment. Any member of the board of directors appointed to fill a vacancy of a public member on the board shall be appointed by the governor, with the advice and consent of the senate, for the unexpired term of the vacant position in the same manner as the member’s predecessor as set forth in subsection (c) of this section. The public members of the board of directors shall be removable by the governor, pursuant to § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful. The governor shall designate one member of the board of directors to be the chairperson of the agency to serve in such capacity during his or her term as a member. The board of directors may elect from among its members such other officers as they deem necessary. Three (3) members of the board of directors shall constitute a quorum. A majority vote of those present shall be required for action. No vacancy in the membership of the board of directors shall impair the right of a quorum to exercise the powers of the board of directors. The members of the board of directors shall serve without compensation, but each member shall be reimbursed for all reasonable expenses incurred in the performance of his or her duties.
  5. Notwithstanding any other provision of general or special law to the contrary, any member of the board of directors, who is also an officer or employee of the state or of a local governmental unit or other public body, shall not thereby be precluded from voting for or acting on behalf of the agency, the state, or local governmental unit or other public body on any matter involving the agency, the state, or that local governmental unit or other public body, and any director, officer, employee, or agent of the agency shall not be precluded from acting for the agency on any particular matter solely because of any interest therein which is shared generally with a substantial segment of the public.
  6. In addition to the board of directors, there is hereby created a green infrastructure strategic advisory council (the “advisory council”). The advisory council shall exist to advise the board of directors on advances related to green infrastructure, energy efficiency, and renewable energy and to make recommendations on potential opportunities for new programs and/or updates to existing programs. The advisory council shall consist of: the executive director of the Rhode Island Infrastructure Bank, or designee, the chairperson of the Rhode Island Infrastructure Bank board of directors, or designee, the secretary of commerce, or designee, the director of the department of environmental management, or designee, the commissioner of the office of energy resources, or designee, the director of the department of health, or designee, the director of the department of transportation, or designee and the executive director of Rhode Island housing, or designee. The chairperson of the Rhode Island Infrastructure Bank, or designee, shall serve as chairperson of the advisory council.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2001, ch. 180, § 148; P.L. 2005, ch. 316, § 1; P.L. 2005, ch. 320, § 1; P.L. 2015, ch. 141, art. 14, § 17.

Compiler’s Notes.

The reference in subsection (d) of this section to “subsection 46.12.2-3(b)” has been changed to “subsection (c) of this section” because subsection (b) of this section was redesignated as subsection (c) by P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-4. General powers and duties of agency.

  1. The agency shall have all powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, chapter 18 of title 24 and chapter 26.5 of title 39, including without limiting the generality of the foregoing, the powers and duties:
    1. To adopt and amend bylaws, rules, regulations, and procedures for the governance of its affairs, the administration of its financial assistance programs, and the conduct of its business;
    2. To adopt an official seal;
    3. To maintain an office at such place or places as it may determine;
    4. To adopt a fiscal year;
    5. To adopt and enforce procedures and regulations in connection with the performance of its functions and duties;
    6. To sue and be sued;
    7. To employ personnel as provided in § 46-12.2-5 , and to engage accounting, management, legal, financial, consulting and other professional services;
    8. Except as provided in this chapter, to receive and apply its revenues to the purposes of this chapter without appropriation or allotment by the state or any political subdivision thereof;
    9. To borrow money, issue bonds, and apply the proceeds thereof, as provided in this chapter, chapter 19.16 of title 23, chapter 18 of title 24 and chapter 26.5 of title 39, and to pledge or assign or create security interests in revenues, funds, and other property of the agency and otherwise as provided in this, chapter 19.16 of title 23, chapter 18 of title 24 and chapter 26.5 of title 39, to pay or secure the bonds; and to invest any funds held in reserves or in the water pollution control revolving fund, the Rhode Island water pollution control revolving fund, the municipal road and bridge fund established under chapter 18 of title 24, any other funds established in accordance with this chapter, or the local interest subsidy trust fund, or any revenues or funds not required for immediate disbursement, in such investments as may be legal investments for funds of the state;
    10. To obtain insurance and to enter into agreements of indemnification necessary or convenient to the exercise of its powers under this, chapter 19.16 of title 23, chapter 18 of title 24 and chapter 26.5 of title 39;
    11. To apply for, receive, administer, and comply with the conditions and requirements respecting any grant, gift, or appropriation of property, services, or moneys;
    12. To enter into contracts, arrangements, and agreements with other persons, and execute and deliver all instruments necessary or convenient to the exercise of its powers under this, chapter 19.16 of title 23, chapter 18 of title 24 and chapter 26.5 of title 39; such contracts and agreements may include without limitation, loan agreements with a local governmental unit, person or corporation, capitalization grant agreements, intended use plans, operating plans, and other agreements and instruments contemplated by title VI of the Clean Water Act, 33 U.S.C. § 1381 et seq., or this chapter, agreement and instruments contemplated by chapter 18 of title 24, grant agreements, contracts for financial assistance or other forms of assistance from the state or the United States, and trust agreements and other financing agreements and instruments pertaining to bonds;
    13. To authorize a representative to appear on its own behalf before other public bodies, including, without limiting the generality of the foregoing, the congress of the United States, in all matters relating to its powers and purposes;
    14. To provide financial assistance to a local governmental unit, person, or, to a corporation to finance costs of approved projects, and to thereby acquire and hold local governmental obligations and non-governmental obligations at such prices and in such manner as the agency shall deem advisable, and sell local governmental obligations and non-governmental obligations acquired or held by it at prices without relation to cost and in such manner as the agency shall deem advisable, and to secure its own bonds with such obligations all as provided in this chapter, chapter 19.16 of title 23, chapter 18 of title 24 and chapter 26.5 of title 39. Furthermore, in connection with a recommendation by the Rhode Island commerce corporation, this power shall include the power to designate a commercial project as a high priority, and to provide that project with financial assistance as soon as practicable;
    15. To establish and collect such fees and charges as the agency shall determine to be reasonable;
    16. To acquire, own, lease as tenant, or hold real, personal or mixed property or any interest therein for its own use; and to improve, rehabilitate, sell, assign, exchange, lease as landlord, mortgage, or otherwise dispose of or encumber the same;
    17. To do all things necessary, convenient, or desirable for carrying out the purposes of this chapter and chapter 18 of title 24 or the powers expressly granted or necessarily implied by this chapter, chapter 19.16 of title 23, chapter 18 of title 24 and chapter 26.5 of title 39;
    18. To 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 executive director, approved by the board of directors, and conducted by the executive director. The board of directors may approve the use of any board of directors or staff members or other individuals to assist with training. The training course shall include instruction in the following areas: the provisions of this chapter, chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38; and the agency’s rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act [July 15, 2005], prepare and disseminate, training materials relating to the provisions of chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38; and
    19. Upon the dissolution of the water resources board (corporate) pursuant to § 46-15.1-22 , to have all the powers and duties previously vested with the water resources board (corporate), as provided pursuant to chapter 15.1 of this title.
    20. To meet at the call of the chair at least eight (8) times per year. All meetings shall be held consistent with chapter 46 of title 42.
    21. To be the sole issuer of QECBs from the state of Rhode Island’s allocation, including any portions of which have been reallocated to the state by local governments, for any project authorized to be financed with the proceeds thereof under the applicable provisions of 26 U.S.C. § 54D [repealed].
  2. Notwithstanding any other provision of this chapter, the agency shall not be authorized or empowered:
    1. To be or to constitute a bank or trust company within the jurisdiction or under the control of the department of banking and insurance of the state, or the commissioner thereof, the comptroller of the currency of the United States of America, or the Treasury Department thereof; or
    2. To be or constitute a bank, banker or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers’ law of the United States or the state.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2005, ch. 316, § 1; P.L. 2005, ch. 320, § 1; P.L. 2009, ch. 68, art. 5, § 5; P.L. 2013, ch. 144, art. 20, § 2; P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-4.1. Power to participate in projects to enhance the waters of the state.

The agency shall have the power to exercise the powers set forth in § 46-12.2-4 to participate in the following projects and classes of projects that enhance the waters of the state: projects for dewatering dredged material, for beneficial use and disposal of dredged material at sites above mean high water and for confined aquatic disposal of dredged materials, provided that the project has been approved by the coastal resources management council and the department as provided for in chapter 6.1 of this title, and further provided that the project is supported either by a fund established for the purposes of supporting such projects or is supported from project revenues. The agency shall cooperate with the coastal resources management council and the department in preparing a proposal for establishing a fund to support projects for dewatering dredged material, for beneficial use and disposal of dredged material at sites above mean high water and for confined aquatic disposal of dredged materials.

History of Section. P.L. 2001, ch. 144, § 5; P.L. 2001, ch. 163, § 5.

46-12.2-4.2. Establishment of the efficient buildings fund.

  1. There is hereby authorized and created within the Rhode Island infrastructure bank an efficient buildings fund for the purpose of providing technical, administrative and financial assistance to local governmental units for energy efficient and renewable energy upgrades to public buildings and infrastructure, including, but not limited to, streetlights. The Rhode Island infrastructure bank shall review and approve all applications for projects to be financed through the efficient buildings fund.

    The office of energy resources shall promulgate rules and regulations establishing a project priority list for efficient buildings fund and the process through which a local governmental unit may submit an application for inclusion of a project on the project priority list. Upon issuance of the project priority list by the office of energy resources, the project priority list shall be used by the Rhode Island infrastructure bank to determine the order in which financial assistance shall be awarded. The Rhode Island infrastructure bank shall promulgate rules and regulations to effectuate the provisions of this section which may include, without limitation, forms for financial assistance applications, loan agreements, and other instruments. All rules and regulations promulgated pursuant to this chapter shall be promulgated in accordance with the provisions of chapter 35 of title 42. Eligibility for receipt of this financial assistance by a local governmental unit shall be conditioned upon that local governmental unit reallocating their remaining proportional QECB allocation to the state of Rhode Island.

  2. The Rhode Island infrastructure bank shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this section including, without limiting the generality of the preceding statement, the authority:
    1. To receive and disburse such funds from the state and federal government as may be available for the purpose of the fund subject to the provisions of this section;
    2. To make and enter into binding commitments to provide financial assistance to eligible borrowers from amounts on deposit in the fund;
    3. To levy administrative fees on eligible borrowers as necessary to effectuate the provisions of this section, provided the fees have been previously authorized by an agreement between the Rhode Island infrastructure bank and the eligible borrower;
    4. To engage the services of third-party vendors to provide professional services;
    5. To establish one or more accounts within the fund; and
    6. Such other authority as granted to the Rhode Island infrastructure bank under this chapter.
  3. Subject to the provisions of this section and to any agreements with the holders of any bonds of the Rhode Island infrastructure bank or any trustee therefor, amounts held by the Rhode Island infrastructure bank for the account of the fund shall be applied by the Rhode Island infrastructure bank, either by direct expenditure, disbursement, or transfer to one or more other funds and accounts held by the Rhode Island infrastructure bank or maintained under any trust agreement pertaining to bonds, either alone or with other funds of the Rhode Island infrastructure bank, to the following purposes:
    1. To provide financial assistance to local governmental units to finance costs of approved projects, as set forth in subsection (a), and to refinance the costs of the projects, subject to such terms and conditions, if any, as are determined by the Rhode Island infrastructure bank;
    2. To fund reserves for bonds of the Rhode Island infrastructure bank and to purchase insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit and costs of reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to otherwise provide security for, and a source of payment for obligations of the Rhode Island infrastructure bank, by pledge, lien, assignment, or otherwise as provided in this chapter;
    3. To pay expenses of the Rhode Island infrastructure bank in administering the fund;
    4. To provide a reserve for, or to otherwise secure, amounts payable by borrowers on loans and obligations outstanding in the event of default thereof; amounts in any account in the fund may be applied to defaults on loans outstanding to the borrower for which the account was established and, on a parity basis with all other accounts, to defaults on any loans or obligations outstanding; and
    5. To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or otherwise as provided in this chapter, any bonds of the Rhode Island infrastructure bank.
  4. In addition to other remedies of the Rhode Island infrastructure bank under any loan agreement or otherwise provided by law, the Rhode Island infrastructure bank may also recover from a borrower, in an action in superior court, any amount due the Rhode Island infrastructure bank together with any other actual damages the Rhode Island infrastructure bank shall have sustained from the failure or refusal of the borrower to make the payments or abide by the terms of the loan agreement.
  5. The Rhode Island infrastructure bank may create one or more loan loss reserve funds to serve as further security for any loans made by the Rhode Island infrastructure bank or any bonds of the Rhode Island infrastructure bank issued to fund energy efficiency improvements in public buildings in accordance with this section.
  6. To the extent possible, and in accordance with law, the infrastructure bank shall encourage the use of project labor agreements for projects over ten million dollars ($10,000,000) and local hiring on projects funded under this section.
  7. Any financial assistance provided by the Rhode Island infrastructure bank to a public entity for the purpose of retrofitting a school building shall not be subject to the match established by Rhode Island general laws §§ 16-7-35 to 16-7-47 , and shall be made subject to coordination with the Rhode Island department of education.

History of Section. P.L. 2015, ch. 141, art. 14, § 18.

46-12.2-4.3. Establishment of the clean energy fund.

    1. There is hereby authorized and created within the Rhode Island infrastructure bank a clean energy fund for the purpose of providing technical, administrative, and financial assistance to a local governmental unit, corporation, or person for energy efficient, renewable energy, and demand-side management projects. The Rhode Island infrastructure bank shall review and approve all applications for projects to be financed through the clean energy fund.
    2. The Rhode Island infrastructure bank shall promulgate rules and regulations to effectuate the provisions of this section,  which may include, without limitation, forms for financial assistance applications, loan agreements, and other instruments and establishing the process through which a local governmental unit, corporation, or person may submit an application for financial assistance from the clean energy fund. All rules and regulations promulgated pursuant to this chapter shall be promulgated in accordance with the provisions of chapter 35 of title 42.
  1. The Rhode Island infrastructure bank shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this section including, without limiting the generality of the preceding statement, the authority:
    1. To receive and disburse  funds as may be available for the purpose of the fund subject to the provisions of this section;
    2. To make and enter into binding commitments to provide financial assistance to eligible borrowers from amounts on deposit in the fund;
    3. To levy administrative fees on eligible borrowers as necessary to effectuate the provisions of this section, provided the fees have been previously authorized by an agreement between the Rhode Island infrastructure bank and the eligible borrower;
    4. To engage the services of third-party vendors to provide professional services;
    5. To establish one or more accounts within the fund; and
    6. Such other authority as granted to the Rhode Island infrastructure bank under this chapter.
  2. Subject to the provisions of this section and to any agreements with the holders of any bonds of the Rhode Island infrastructure bank or any trustee therefor, amounts held by the Rhode Island infrastructure bank for the account of the fund shall be applied by the Rhode Island infrastructure bank, either by direct expenditure, disbursement, or transfer to one or more other funds and accounts held by the Rhode Island infrastructure bank or maintained under any trust agreement pertaining to bonds, either alone or with other funds of the Rhode Island infrastructure bank, to the following purposes:
    1. To provide financial assistance to local governmental units, corporations, or persons to finance costs of approved projects, as set forth in subsection (a) of this section, and to refinance the costs of the projects, subject to  terms and conditions, if any, as are determined by the Rhode Island infrastructure bank;
    2. To fund reserves for bonds of the Rhode Island infrastructure bank and to purchase insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit and costs of reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to otherwise provide security for, and a source of payment for, obligations of the Rhode Island infrastructure bank, by pledge, lien, assignment, or otherwise as provided in this chapter;
    3. To pay expenses of the Rhode Island infrastructure bank in administering the clean energy fund;
    4. To provide a reserve for, or to otherwise secure, amounts payable by borrowers on loans and obligations outstanding in the event of default thereof; amounts in any account in the fund may be applied to defaults on loans outstanding to the borrower for which the account was established and, on a parity basis with all other accounts, to defaults on any loans or obligations outstanding; and
    5. To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or otherwise as provided in this chapter, any bonds of the Rhode Island infrastructure bank.
  3. In addition to other remedies of the Rhode Island infrastructure bank under any loan agreement or otherwise provided by law, the Rhode Island infrastructure bank may also recover from a borrower, in an action in superior court, any amount due the Rhode Island infrastructure bank together with any other actual damages the Rhode Island infrastructure bank shall have sustained from the failure or refusal of the borrower to make the payments or abide by the terms of the loan agreement.
  4. The Rhode Island infrastructure bank may create one or more loan loss reserve funds to serve as further security for any loans made by the Rhode Island infrastructure bank or any bonds of the Rhode Island infrastructure bank issued to fund projects in accordance with this section.
  5. To the extent possible, and in accordance with law, the Rhode Island infrastructure bank shall encourage the use of project labor agreements for projects by local governmental units over ten million dollars ($10,000,000) and local hiring on projects funded under this section.

History of Section. P.L. 2021, ch. 223, § 3, effective July 8, 2021; P.L. 2021, ch. 224, § 3, effective July 8, 2021.

Compiler’s Notes.

P.L. 2021, ch. 223, § 3, and P.L. 2021, ch. 224, § 3 enacted identical versions of this section.

46-12.2-5. Officers.

  1. An executive director, who shall be a person professionally skilled and experienced in law, finance, or public administration, shall be appointed by the board of directors as chief executive officer of the agency, and shall serve at the pleasure of the board. The executive director shall administer the affairs of the agency, including, without limiting the generality of the foregoing matters, relating to contracting, financial assistance administration, personnel and administration, under the supervision of the board in accordance with such authorizations as the board may from time to time reasonably adopt and continue in force. Salaries of personnel shall be guided by the unclassified pay plan. The board may also appoint persons to hold the offices of secretary and treasurer to the agency, including assistant secretaries and assistant treasurers in whom may be vested any of the powers of the secretary and the treasurer, respectively, or may appoint a director or employee of the agency to exercise such duties. The secretary shall be the custodian of the seal and of the books and records of the agency, and shall keep a record of the proceedings of the board of directors. The secretary may cause copies to be made of all minutes and other records and documents of the agency, and may give certificates under its official seal to the effect that the copies are true copies and all persons dealing with the agency may rely upon the certificates. The treasurer shall have charge of the books of account and accounting records of the agency, and shall be responsible, under the supervision of the executive director, for financial control for the agency. The board shall appoint and establish compensation benefits and other terms of employment for other officers and employees of the agency as it deems reasonable and necessary. Officers of the agency shall serve at the pleasure of the board or under contracts of employment; provided, however, that no contract of employment shall exceed a term of three (3) years, which may be renewed upon the expiration for successive terms.
  2. Present or past directors, officers, employees, or agents of the agency may be indemnified by the agency to the extent allowed by and in accordance with the indemnification provisions applicable to nonprofit corporations pursuant to § 7-6-6 , as amended from time to time. The agency shall be a public body for purposes of § 9-1-31.1 .
  3. The agency shall be subject to the provisions of § 42-11.3-1 and the executive director shall not be deemed to be a director as used in said section.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 1993, ch. 259, § 2.

46-12.2-5.1. Purchasing.

Internal purchasing procedures of the agency shall follow the principles and policies of state purchasing.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 1993, ch. 259, § 2.

46-12.2-6. Establishment of the water pollution control revolving fund, the Rhode Island water pollution control revolving fund and the local interest subsidy trust fund — Sources of funds — Permitted uses.

  1. The agency shall be the instrumentality of the state for administration of the water pollution control revolving fund, the Rhode Island water pollution control revolving fund, and the local interest subsidy trust fund, and such other funds it holds or for which it is responsible, and, in conjunction with the department, is empowered to and shall take all action necessary or appropriate to secure to the state the benefits of title VI of the Clean Water Act, 33 U.S.C. § 1381 et seq., and other federal or state legislation pertaining to the funds and to the financing of approved projects. Without limiting the generality of the foregoing and other powers of the agency provided in this chapter, the agency is empowered to and shall:
    1. Cooperate with appropriate federal agencies in all matters related to administration of the water pollution control revolving fund and, pursuant to the provisions of this chapter, administer the fund and receive and disburse such funds from any such agencies and from the state as may be available for the purpose of the fund.
    2. Administer the Rhode Island water pollution control revolving fund and the local interest subsidy trust fund, and receive and disburse such funds from the state as may be available for the purpose of the funds subject to the provisions of this chapter.
    3. In cooperation with the department, prepare, and submit to appropriate federal agencies applications for capitalization grants under title VI of the Clean Water Act, 33 U.S.C. § 1381 et seq., and enter into capitalization grant agreements, operating agreements, and other agreements with appropriate federal and state agencies, and accept and disburse, as provided herein, any capitalization grant awards made under title VI of the Clean Water Act, 33 U.S.C. § 1381 et seq.
    4. Cooperate with the department in the preparation and submission to appropriate federal and state agencies of intended use plans identifying the use of capitalization grant awards and other moneys in the water pollution control revolving fund.
    5. In cooperation with the department, prepare and submit to appropriate federal agencies, the department and the governor, annual and other reports and audits required by law.
    6. Subject to the provisions of this chapter both to make, and enter into binding commitments to provide financial assistance to local governmental units, persons or corporations from amounts on deposit in the water pollution control revolving fund, the Rhode Island water pollution control revolving fund and from other funds of the agency; and to provide, and enter into binding commitments to provide subsidy assistance for loans, local governmental obligations and non-governmental obligations from amounts on deposit in the local interest subsidy trust fund.
    7. Establish and maintain fiscal controls and accounting procedures conforming to generally accepted government accounting standards sufficient to ensure proper accounting for receipts in and disbursements from the water pollution control revolving fund, the Rhode Island water pollution control revolving fund, the local interest subsidy trust fund and other funds it holds or for which it is responsible and, adopt such rules, regulations, procedures, and guidelines which it deems necessary to ensure that local governmental units, persons and corporations administer and maintain approved project accounts and other funds and accounts relating to financial assistance in accordance with generally accepted government accounting standards.
  2. The agency shall establish and set up on its books a special fund, designated the water pollution control revolving fund, to be held in trust and to be administered by the agency solely as provided in this chapter and in any trust agreement securing bonds of the agency. The agency shall credit to the water pollution control revolving fund or one or more accounts therein:
    1. All federal capitalization grant awards received under title VI of the Clean Water Act, 33 U.S.C. § 1381 et seq., provided the agency shall transfer to the department the amount allowed by § 603(d)(7) of the Water Quality Act, 33 U.S.C. § 1383(d)(7), to defray administration expenses;
    2. All amounts appropriated or designated to the agency by the state for purposes of the fund;
    3. To the extent required by federal law, loan repayments and other payments received by the agency on any loans, local governmental obligations and non-governmental obligations;
    4. All investment earnings on amounts credited to the fund to the extent required by federal law;
    5. All proceeds of bonds of the agency to the extent required by any trust agreement for such bonds;
    6. All other monies which are specifically designated for this fund, including, amounts from the Rhode Island Clean Water Act environmental trust fund, gifts, bequests, administrative, civil and criminal penalties, or other funds from any public or private sources; and
      1. Any other amounts required by the provisions of this chapter, agreement, or any other law or by any trust agreement pertaining to bonds to be credited to the fund or which the agency in its discretion shall determine to credit thereto.
      2. At the request of the governor, the agency shall take all action necessary to transfer the state’s allotment under title II of the Clean Water Act, 33 U.S.C. § 1281 et seq., for federal fiscal year 1989 and each federal fiscal year thereafter, to the purposes of the water pollution control revolving fund, provided that any portion of any allotment which, under the provisions of the Clean Water Act, 33 U.S.C. § 1251 et seq., may not be transferred to or used for the purposes of the water pollution control revolving fund, shall continue to be received and administered by the department as provided by law.
  3. The agency shall establish and set up on its books a special fund, designated the Rhode Island water pollution control revolving fund, to be held in trust and to be administered by the agency solely as provided in this chapter and in any trust agreement securing bonds of the agency. The agency shall credit to the Rhode Island water pollution control revolving fund or one or more accounts therein:
    1. All amounts appropriated or designated to the agency by the state for purposes of the fund;
    2. At its discretion, and to the extent allowed by law, loan repayments and other payments received by the agency on any loans, local governmental obligations and non-governmental obligations;
    3. At its discretion, all investment earnings and amounts credited to the fund;
    4. All proceeds of bonds of the agency to the extent required by any trust agreement for such bonds;
    5. All other monies which are specifically designated for this fund, including, amounts from the Rhode Island Clean Water Act environmental trust fund, gifts, bequests, administrative, civil and criminal penalties, or other funds from any public or private sources; and
    6. Any other amounts required by provisions of this chapter or agreement, or any other law or any trust agreement pertaining to bonds to be credited to the fund or which the agency in its discretion shall determine to credit thereto.
  4. Except to the extent limited by federal law, and subject to the provisions of this chapter, to the provisions of any agreement with the state authorized by § 46-12.2-7 , and to any agreements with the holders of any bonds of the agency or any trustee therefor, amounts held by the agency for the account of either the water pollution control revolving fund or the Rhode Island water pollution control revolving fund shall be applied by the agency, either by direct expenditure, disbursement, or transfer to one or more other funds and accounts held by the agency or maintained under any trust agreement pertaining to bonds, either alone or with other funds of the agency, to the following purposes:
    1. To provide financial assistance to a local governmental unit or corporation to finance costs of approved projects, and to refinance the costs of the projects, subject to such terms and conditions, if any, as are determined by the department and/or the agency in accordance with § 46-12.2-8 ;
    2. To purchase or refinance debt obligations of a local governmental unit or corporation, or to provide guarantees, insurance or similar forms of financial assistance for the obligations;
    3. To fund reserves for bonds of the agency and to purchase insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit and costs of reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to otherwise provide security for, and a source of payment for, by pledge, lien, assignment, or otherwise as provided in § 46-12.2-14 , bonds of the agency issued in accordance with this chapter; and
      1. To pay expenses of the agency and the department in administering the funds and the financial assistance programs of the agency authorized by this chapter. As part of the annual appropriations bill, the department shall set forth the gross amount of expenses received from the agency and a complete, specific breakdown of the sums retained and/or expended for administrative expenses.
      2. By way of illustration, not by limitation, in the personnel area, the breakdown of administrative expenses should contain the number of personnel paid, the position numbers of the personnel, and whether or not the position is a new position or a position which had been funded previously by federal funds or a position which had been previously created but unfunded.
  5. The agency shall also establish and set up on its books a special fund, designated the local interest subsidy trust fund, to be held in trust and to be administered by the agency solely as provided in this chapter and in any trust agreement securing bonds of the agency. The agency may maintain a separate account in the local interest subsidy trust fund for each local governmental unit or corporation which has received a loan from the agency, in accordance with this chapter, to separately account for or otherwise segregate all or any part of the amounts credited to the fund and receipts in and disbursements from the fund. To the extent that the agency is required by this chapter, by any loan agreement or by any trust agreement, it shall, and, to the extent that it is permitted, it may in its discretion, credit to the local interest subsidy trust fund, and to one or more of the accounts or subaccounts therein:
    1. All amounts appropriated or designated to the agency by the state for purposes of the fund;
    2. Loan repayments and other payments received on loans, local governmental obligations, and non-governmental obligations;
    3. Investment earnings on amounts credited to the local interest subsidy trust fund;
    4. Proceeds of agency bonds;
    5. All other monies which are specifically designated for this fund including, amounts from the Rhode Island Clean Water Act environmental trust fund, gifts, bequests, administrative, civil and criminal penalties, or other funds from any public or private sources; and
    6. Any other amounts permitted by law.
  6. Subject to any agreement with the state authorized by § 46-12.2-7 , to the provisions of § 46-12.2-8 , and to any agreement with the holders of any bonds of the agency or any trustee therefor, amounts held by the agency for the account of the local interest subsidy trust fund shall be applied by the agency, either by direct expenditure, disbursement, or transfer to one or more other funds and accounts held by the agency or maintained under any trust agreement pertaining to bonds, either alone or with other funds of the agency, to the following purposes:
    1. To pay or provide for all or a portion of the interest otherwise payable by local governmental units, persons or corporations on loans, local governmental obligations, and non-governmental obligations, in the amounts and on terms determined by the agency in accordance with § 46-12.2-8 ;
    2. To provide a reserve for, or to otherwise secure, amounts payable by local governmental units, persons or corporations on loans, local governmental obligations and non-governmental obligations outstanding in the event of default thereof; amounts in any account in the local interest subsidy trust fund may be applied to defaults on loans outstanding to the local governmental unit, person or corporation for which the account was established and, on a parity basis with all other accounts, to defaults on any loans, local governmental obligations, or non-governmental obligations outstanding; and
    3. To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or otherwise as provided in § 46-12.2-14 , any bonds of the agency.
  7. Subject to any express limitation of this chapter pertaining to expenditure or disbursement of funds or accounts held by the agency, funds or accounts held by the agency may be transferred to any other fund or account held by the agency and expended or disbursed for purposes permitted by the fund or account.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 1993, ch. 259, § 2; P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-7. Payment of state funds — Agreement between agency and department.

  1. Subject to the provisions of subsection (d) of this section, upon the written request of the agency, the state general treasurer shall pay to the agency, from time to time, from the proceeds of any bonds or notes issued by the state for the purposes of this chapter or funds otherwise lawfully payable to the agency for the purposes of this chapter, amounts equal to twenty percent (20%) of each federal capitalization grant award received or expected to be received by the agency under title VI of the Clean Water Act, 33 U.S.C. § 1381 et seq., plus such other amounts as shall have been appropriated or lawfully designated. All amounts so paid to the agency shall be credited to the water pollution control revolving fund to be applied as provided in § 46-12.2-6 .
  2. Subject to the provisions of subsection (d), upon the written request of the agency, the state general treasurer shall pay to the agency, from time to time, from the proceeds of any bonds or notes issued by the state for the purposes of this chapter or funds otherwise lawfully payable to the agency for the purposes of this chapter, such amounts as shall have been appropriated or lawfully designated to meet the requirements of the local interest subsidy trust fund. All amounts so paid shall be in addition to any other amounts credited or expected to be credited to such fund, and shall be credited to the local interest subsidy trust fund.
  3. Subject to the provisions of subsection (d), upon the written request of the agency, the state general treasurer shall pay to the agency, from time to time, from the proceeds of any bonds or notes issued by the state for the purposes of this chapter or funds otherwise lawfully payable to the agency for the purposes of this chapter, such amounts as shall have been appropriated or lawfully designated for the Rhode Island water pollution control revolving fund. All amounts so paid to the agency shall be credited to the Rhode Island water pollution control revolving fund.
  4. The director of the department and the governor shall enter into, execute, and deliver one or more agreements with the agency setting forth or otherwise determining the terms, conditions, and procedures for, and the amount, time, and manner of payment of, all amounts available from the state to the agency under this section. The agreement or agreements may include such covenants and undertakings of the state, the agency, and the department as the governor, the agency, and the director of the department deem reasonable, including, without limitation, provision for payments by the state in advance of receipt of federal capitalization grant awards, or the execution and delivery of loan agreements by the agency and covenants and undertakings by the state to make payments in the future of amounts appropriated by the state when required by the agency or by the provisions of any trust agreement securing bonds. The agreement or agreements may also include provisions consistent with this chapter governing the application by the agency of amounts appropriated or designated by the state to the water pollution control revolving fund, the Rhode Island water pollution control revolving fund, and the local interest subsidy trust fund and the remedies of the agency provided in § 46-12.2-8(h) .

History of Section. P.L. 1989, ch. 303, § 2.

46-12.2-8. Procedures for application, approval, and award of financial assistance.

  1. Any local governmental unit, person or corporation may apply to the agency for financial assistance in accordance with this chapter to finance all or any part of the cost of a water pollution abatement project. The agency shall not award financial assistance to a local governmental unit, person or corporation until and unless the department shall have issued a certificate of approval of the project or portion thereof. Notwithstanding the foregoing, for water pollution abatement projects funded outside of the water pollution control revolving fund, the Rhode Island water pollution control revolving fund, or the local interest subsidy trust fund, the agency may provide financial assistance without the requirement of the issuance of a certificate of approval, and such projects shall not be required to be listed on the department’s priority list as set forth in this chapter.
  2. If the department shall determine, in accordance with rules and regulations promulgated pursuant to this chapter, that an application for financial assistance or portion thereof shall be approved, it shall deliver to the agency a certificate of approval of the project or a portion thereof which shall specify the project or portion thereof eligible for financial assistance and such other terms, conditions and limitations with respect to the construction and operation of the project as the department shall determine. The agency shall specify, among other things, the type and amount of financial assistance to be provided, the costs thereof eligible for financial assistance, the amounts, if any, of the financial assistance, to be provided from the water pollution control revolving fund and/or the Rhode Island water pollution control revolving fund, the amount, if any, of subsidy assistance to be granted from the local interest subsidy trust fund, the amount, if any, of other financial assistance permitted by this chapter to be provided, and such other terms, conditions, and limitations on the financial assistance, the expenditure of loan proceeds, and the construction and operation of the project as the agency shall determine or approve.
  3. Any water pollution abatement project or portion thereof included on the priority list established by the department for federal fiscal year 1989 or any federal fiscal year thereafter shall be eligible for financial assistance in accordance with this chapter.
  4. In addition to the authority provided by law, the department shall be responsible for, and shall have all requisite power to, review and approve reports and plans for water pollution abatement projects and approved projects, or any part thereof, for which financial assistance has been applied or granted in accordance with this chapter, to enter into contracts with local governmental units, persons or corporations relative to approved projects, including, without limiting the generality of the foregoing, the costs of approved projects eligible for financial assistance, grants, and other terms, conditions and limitations with respect to the construction and operation of the project, and to inspect the construction and operation thereof of projects in compliance with approved plans. Without limiting the generality of the foregoing, in connection with the exercise of its powers and performance of its duties under this chapter, the department shall have all the powers provided by law to the department and its director. The department shall adopt rules, regulations, procedures, and guidelines to carry out the purposes of this chapter and for the proper administration of its powers and duties under this chapter. The rules, regulations, procedures, and guidelines shall include among other things, criteria for determining those water pollution abatement projects to be approved for financial assistance (the criteria shall include the priority determination system), specification of eligible costs of the projects, and provisions for compliance by projects constructed in whole or in part with funds directly made available under this chapter by federal capitalization grants with the requirements of the Clean Water Act, 33 U.S.C. § 1351 et seq., and other federal laws applicable to the project. The department shall cooperate with the agency in the development of capitalization grant applications, operating plans, and intended use plans for federal capitalization grant awards under title VI of the Clean Water Act, 33 U.S.C. § 1381 et seq., and may enter into such agreements and other undertakings with the agency and federal agencies as necessary to secure to the state the benefits of title VI of the Clean Water Act, 33 U.S.C. § 1381 et seq. In order to provide for the expenses of the department under this chapter, the agency shall transfer to the department for application to the expenses an amount from the water pollution control revolving fund equal to the maximum amount authorized by federal law, and such additional amounts as may be needed from the Rhode Island water pollution control fund and from any other monies available. The agency and the department shall enter into an operating agreement and amend the same, from time to time, allocating their respective rights, duties, and obligations with respect to the award of financial assistance and grants to finance approved projects under this chapter and establishing procedures for the application, approval, and oversight of projects, financial assistance, and grants.
  5. Upon issuance of a certificate of approval, the agency shall award as soon as practicable the financial assistance to the local governmental unit, person or corporation for any approved project specified in the certificate; provided, however, the agency may decline to award any financial assistance which the agency determines will have a substantial adverse effect on the interests of holders of bonds or other indebtedness of the agency or the interests of other participants in the financial assistance program, or for good and sufficient cause affecting the finances of the agency. All financial assistance shall be made pursuant to a loan agreement between the agency and the local governmental unit, person or corporation, acting by and through the officer or officers, board, committee, or other body authorized by law, or otherwise its chief executive officer, according to the terms and conditions of the certificate of approval and such other terms and conditions as may be established by the agency, and each loan shall be evidenced and secured by the issue to the agency of local governmental obligations or non-governmental obligations in fully marketable form in principal amount, bearing interest at the rate or rates specified in the applicable loan agreement, and shall otherwise bear such terms and conditions as authorized by this chapter and the loan agreement.
  6. The agency shall adopt rules, regulations, procedures, and guidelines for the proper administration of its financial assistance programs and the provision of financial assistance under this chapter. The rules, regulations, procedures, and guidelines shall be consistent with the requirements of title VI of the Clean Water Act, 33 U.S.C. § 1381 et seq., and any rules, regulations, procedures, and guidelines adopted by the department, and may include, without limitation, forms of financial assistance applications, loan agreements, and other instruments, and provision for submission to the agency and the department by a local governmental unit, person or corporation of the information regarding the proposed water pollution abatement project, the wastewater system of which it is a part, and the local governmental unit or corporation as the agency or the department shall deem necessary, to determine the eligibility of a project for financial assistance under this chapter, the financial feasibility of a project, and the sufficiency of general revenues or wastewater system revenues to secure and pay the loan and the local governmental obligations or non-governmental obligations issued to evidence the project. The agency shall, no later than December 31, 2015, enter into an agreement with the Rhode Island commerce corporation to ensure collaboration for brownfields and energy efficiency related projects to which the agency provides financial assistance to corporations.
  7. Subject to the provisions of any trust agreement securing bonds of the agency, when the agency shall have awarded a loan eligible for subsidy assistance from funds held by the agency for the credit of the local interest subsidy trust fund, the agency shall credit to the applicable account in the fund maintained in accordance with § 46-12.2-6(e) , the amount, if any, as provided in the loan agreement to defray all or a portion of the interest otherwise payable by the local governmental unit, person or corporation on the loan.
  8. In addition to other remedies of the agency under any loan agreement or otherwise provided by law, the agency may also recover from a local governmental unit, person or corporation, in an action in superior court, any amount due the agency together with any other actual damages the agency shall have sustained from the failure or refusal of the local governmental unit or corporation to make the payments.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 1993, ch. 259, § 2; P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-9. Authorization to expend funds available for local grants.

In addition to the financial assistance provided by the agency to local governmental units, persons or corporations for approved projects in accordance with this chapter, the department is hereby authorized to expend funds otherwise available for grants to local governmental units, persons or corporations to the extent permitted by federal and state law.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-10. Powers of local governmental units.

Notwithstanding any provision of general law, special law or municipal charter to the contrary:

  1. In addition to authority granted otherwise by this chapter and in any bond act or other law, a local governmental unit, acting by and through the officer or officers, board, committee, or other body authorized by law, if any, or otherwise the chief executive officer, shall have the power to:
    1. Issue local governmental obligations as provided herein: (A) if and to the amount authorized by a bond act; (B) without limitation as to the amount, if issued as limited obligations, pursuant to § 46-12.2-12 or § 46-12.2-12 .1; or (C) without limitation as to the amount, if issued as a financing lease or other appropriation obligation;
    2. Plan, design, acquire, construct, operate, maintain, and otherwise undertake any project subject to the rules, regulations, procedures, and guidelines of the department, if applicable, in effect from time to time and the requirements of any other applicable law;
    3. Apply for, accept, and expend, financial assistance and grants for the purpose of financing costs of projects subject to the rules, regulations, procedures, and guidelines of the agency and the department, if applicable, in effect from time to time, the provisions of the applicable loan agreement, and the requirements of other applicable law;
    4. Authorize, execute, deliver, and comply with loan agreements, trust agreements, grant agreements, financing leases, appropriation agreements, and other agreements, and instruments with the agency, the department, and other persons relating to financial assistance and grants hereunder, and the issue of local governmental obligations to evidence loans, and perform the same;
    5. Receive, apply, pledge, assign, and grant security interests in its general revenues and wastewater system revenues to secure its obligations under local governmental obligations and other financial assistance; and
    6. Fix, revise, charge, and collect such fees, rates, rents, assessments, and other charges of general or special application for the costs and/or use of any approved project, any wastewater system and any other revenue producing facilities from which the local governmental unit may derive wastewater system revenues, or for the services provided thereby, as it shall deem necessary to meet its obligations under any loan agreement or local governmental obligations outstanding or otherwise to provide for the costs and/or operation of the project and any wastewater system.
  2. In order to provide for the collection and enforcement of fees, rates, rents, assessments, and other charges for the operation of any approved project, any wastewater system, and any other revenue producing facilities from which the local governmental units may derive wastewater system revenues, in addition to any other authority provided by law or any bond act applicable to a particular local governmental unit, local governmental units are hereby granted all the powers and privileges granted to them by the general laws of the state with respect to any similar fee, rate, rent, assessment, or other charge. All unpaid fees, rates, rents, assessments, and other charges shall be a lien upon the real estate served for which the unpaid fees, rates, rents, assessments, or other charges have been made. A lien shall arise and attach as of the due date of each unpaid fee, rate, rent, assessment, or other charge. Subject to the provisions of § 39-26.5-6 , the lien shall be superior to any other lien other than a tax lien, encumbrance, or interest in the real estate, whether by way of mortgage, attachment, or otherwise, except easements and restrictions. In the case of a life estate, the interest of the tenant for life shall first be liable for the unpaid fees, rates, rents, assessments, or other charges. The local governmental unit may enforce the lien by advertising and selling any real estate liable for unpaid fees, rents, assessments, and other charges in the manner provided for the enforcement of liens for unpaid taxes by chapter 9 of title 44, as amended from time to time.
  3. Any city or town and any other local governmental unit acting by and through the officer or officers, board, committee, other body authorized by law, or otherwise the chief executive officer, may enter into agreements with the agency or the department, if applicable, regarding the operation of a pricing system adopted under any applicable law for the services provided by any approved project, the wastewater system of which it is a part, and any other revenue producing facilities from which the local governmental unit may derive wastewater system revenues. The agreements may include, without limitation, provisions defining the costs of services, the approved project, and the wastewater system and other facilities, and covenants or agreements, regarding the fixing and collection of fees, rates, rents, assessments and other charges for the costs and the maintenance of the pricing system at levels sufficient to pay or provide for all the costs and any payments due the agency under any loan agreement or local governmental obligations.
  4. Any city or town and any other local governmental unit acting by and through the officer or officers, board, committee, or other body authorized by law, or otherwise the chief executive officer, may enter into agreements with the agency and the department, if applicable, regarding the operation of an enterprise fund established for any approved project, any wastewater system, and any other revenue producing facilities from which the local governmental unit may derive wastewater system revenues. The agreements may include, without limitation, fiscal and accounting controls and procedures, provisions regarding the custody, safeguarding, and investment of revenues, and other amounts credited thereto, the establishment of reserves and other accounts and funds, and the application of any surplus funds.
  5. The provisions of any charter, other laws or ordinances, general, special, or local, or of any rule or regulation of the state or any municipality, restricting or regulating in any manner the power of any municipality to lease (as lessee or lessor) or sell property, real, personal, or mixed, shall not apply to leases and sales made with the agency pursuant to this chapter.
  6. Any municipality, notwithstanding any contrary provision of any charter, other laws or ordinances, general, special or local, or of any rule or regulations of the state or any municipality, is authorized and empowered to lend, pledge, grant, convey to, or lease from the agency, at its request, upon terms and conditions that the chief executive officer, if any, or where no chief executive officer exists, the city or town council of the municipality, may deem reasonable and fair and without the necessity for any advertisement, order of court, or other action or formality, any real property or personal property which may be necessary or convenient to effectuation of the authorized purpose of the agency, including other real property already devoted to public use.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-11. Authority of local governmental units to issue obligations — Terms.

  1. In addition to the powers of any local governmental unit provided in any bond act, whenever a local governmental unit has applied for and accepted a loan from the agency and entered into a loan agreement therefor, any local governmental obligations issued by the local governmental unit to evidence the loan may be issued in accordance with, and subject to the limitations of this chapter, notwithstanding the provisions of the bond act authorizing the obligation or any other general or special law or provision of municipal charter to the contrary. The provisions of this chapter shall apply to the issuance of local governmental obligations under authority of any bond act heretofore enacted and under authority of any bond act hereafter enacted unless the bond act expressly provides that the provisions of this chapter shall not so apply. Notwithstanding the foregoing, no local governmental obligation issued as a general obligation bond shall be issued unless authorized by a vote of the body or bodies required by the charter, ordinances, or laws governing the local governmental unit, or the applicable bond act for the authorization of indebtedness of the local governmental unit.
  2. Local governmental obligations issued by any local governmental unit shall be dated, may bear interest at such rate or rates, including rates variable, from time to time, subject to such minimum or maximum rate, if any, as may be determined by such index or other method of determination provided in the applicable loan agreement, shall mature in such amount or amounts and at such time or times, not later than the maximum dates, if any, provided herein, and may be made redeemable in whole or in part before maturity at the option of the local governmental unit or at the option of the agency, at such price or prices and under such terms and conditions as may be fixed in the loan agreement prior to the issue of the local governmental obligations. Local governmental obligations may be issued as serial bonds or term bonds or any combination thereof with such provision, if any, for sinking funds for the payment of bonds as the local governmental unit and the agency may agree. The local governmental obligations may be sold at private sale and may be in such form, payable to the bearer thereof or the registered owner, whether certificated or uncertificated, be in such denominations, payable at such place or places, within or without the state, and otherwise bear such terms and conditions, not inconsistent with this chapter, as provided in the applicable loan agreement or as the agency and the local governmental unit shall otherwise agree. The local governmental obligations may be issued in principal amount equal to the loan evidenced thereby or at such discount as the agency and the local governmental unit shall agree.
  3. Local governmental obligations shall be payable within a period not exceeding the greater of the period, if any, specified in the applicable bond act or the useful life of the approved project financed by such obligations as determined by the department, or, if incurred to finance more than one project, the average useful life of the projects. Except as otherwise provided in this chapter, the local governmental obligations shall be payable by such equal, increasing, or decreasing installments of principal, annual or otherwise, as will extinguish the obligations at maturity, the first installment to be payable no later than three (3) years after the date of issuance of the obligations or one year after the date of completion of the approved project financed by the obligations, as determined by the department, whichever date is later, and the remaining installments of principal, if any, to be in such amounts and payable on such dates as the agency and the local governmental unit shall agree.
  4. If a local governmental unit has authorized borrowing in accordance with this chapter and the issuance of local governmental obligations to evidence the borrowing under any bond act, the local governmental unit may, subject to the applicable loan agreement and with the approval of the agency, issue notes to the agency to evidence the loan. The issuance of the notes shall be governed by the provisions of this chapter relating to the issue of bonds other than notes, to the extent applicable, provided the maturity date of the notes shall not exceed five (5) years from the date of issue of the notes. Notes issued for less than the maximum maturity date may be renewed by the issue of other notes maturing no later than the maximum maturity date.
  5. A local governmental unit may issue local governmental obligations to refund or pay at maturity or earlier redemption any local governmental obligations outstanding under any loan agreement, or to refund or pay any other debt of the local governmental unit issued to finance the approved project to which the loan agreement pertains. The refunding local governmental obligations may be issued in sufficient amounts to pay or provide for the principal of the obligations refunded, any redemption premium thereon, any interest accrued and to accrue to the date of payment of the obligations, the costs of issuance of the refunding obligations and any reserves required by the applicable loan agreement. The issue of refunding local governmental obligations, the amount and dates of maturity or maturities and other details thereof, the security therefor, and the rights, duties, and obligations of the local governmental unit in respect to the same shall be governed by the provisions of this chapter relating to the issue of local governmental obligations other than refunding obligations as this chapter may be applicable.
  6. Except as otherwise provided in § 46-12.2-12 and § 46-12.2-12 .1, the applicable bond act, or by agreement between the agency and a local governmental unit, all local governmental obligations issued in accordance with this section shall be general obligations of the local governmental unit issuing the obligations for which its full faith and credit are pledged and for the payment of which all taxable property in the local governmental unit shall be subject to ad valorem taxation without limit as to rate or amount except as otherwise provided by law.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 1993, ch. 259, § 2; P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-12. Power of local governmental units to issue limited obligations payable from wastewater system revenues.

  1. If required by the applicable loan agreement, and notwithstanding any general or special law or municipal charter to the contrary, local governmental obligations shall be issued as limited obligations payable solely from wastewater system revenues pledged to their payment in accordance with § 46-12.2-13 . If required by the applicable loan agreement, local governmental obligations issued in accordance with this section shall also be general obligations of the local governmental unit and secured by a pledge of its full faith and credit. Notwithstanding § 45-12-2 or any general or special law or municipal charter to the contrary, all local governmental units shall have the power to issue local governmental obligations payable solely from wastewater system revenues pursuant to this section without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the state. This chapter shall constitute the bond act for the issuance of the local governmental obligations payable solely from wastewater system revenues by local governmental units. Any local governmental obligations issued in accordance with this section that is payable solely from wastewater system revenues shall recite on its face that it is a limited obligation payable solely from wastewater system revenues pledged to its payment.
  2. The issue of local governmental obligations in accordance with this section, the maturity or maturities and other terms thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligations of the local governmental unit in respect of the same shall be governed by the provisions of this chapter relating to the issue of local governmental obligations to the extent applicable and not inconsistent with this section.

History of Section. P.L. 1989, ch. 303, § 2.

46-12.2-12.1. Power of local governmental units to issue limited obligations payable from energy efficiency savings.

  1. If required by the applicable loan agreement, and notwithstanding any general or special law or municipal charter to the contrary, local governmental obligations shall be issued as limited obligations payable solely from an appropriation of general revenues in an amount not to exceed the projected energy savings of the project. Notwithstanding § 45-12-2 or any general or special law or municipal charter to the contrary, all local governmental units shall have the power to issue such local governmental obligations pursuant to this section without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the state. This section shall constitute the bond act for the issuance of such local governmental obligations by local governmental units. Any local governmental obligations issued in accordance with this section shall recite on its face that it is a limited obligation payable solely from an appropriation of general revenues in an amount not to exceed the projected energy savings pledged to its payment.
  2. The issuance of local governmental obligations in accordance with this section, the maturity or maturities and other terms thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligation of the local governmental unit in respect of the same shall be governed by the provisions of this chapter relating to the issue of local governmental obligations to the extent applicable and not inconsistent with this section.
  3. A local government unit may appropriate general revenues on an annual basis to pay any local governmental obligation provided that an event of non-appropriation shall not be an event of default under any local governmental obligation.

History of Section. P.L. 2015, ch. 141, art. 14, § 18; P.L. 2021, ch. 395, § 17, effective July 14, 2021.

46-12.2-13. Trust agreements pertaining to local governmental obligations.

  1. Notwithstanding any general or special law to the contrary, local governmental obligations issued in accordance with this chapter may be secured by one or more trust agreements, including, or in addition to the applicable loan agreement, between the local governmental unit and a corporate trustee, which may be a trust company or bank having the powers of a trust company within or without the state, or directly between the agency and the local governmental unit. Any trust agreement shall be in such form and shall be executed as provided in the applicable loan agreement or as otherwise agreed to between the agency and the local governmental unit.
  2. Any trust agreement directly or indirectly securing local governmental obligations may, in addition to other security provided by law, pledge or assign, and create security interests in, all or any part of the general revenues of the local governmental unit. Any trust agreement may contain such provisions for protecting and enforcing the rights, security, and remedies of the agency, or other holders of the local governmental obligations, as may be determined by the agency including, without limitation, provisions defining defaults and providing for remedies in the event thereof, which may include the acceleration of maturities to the extent permitted by law, and covenants setting forth the duties of, and limitations on, the local governmental unit in relation to the custody, safeguarding, investment, and application of moneys, including general revenues and wastewater system revenues, the issue of additional and refunding local governmental obligations and other bonds, notes, or obligations on a parity or superior thereto, the establishment of reserves, the establishment of sinking funds for the payment of local governmental obligations, and the use of surplus proceeds of local governmental obligations. A trust agreement securing local governmental obligations issued in accordance with § 46-12.2-12 may also include covenants and provisions not in violation of law regarding the acquisition, construction, operation, and carrying out of the approved project financed by the local governmental obligations, the wastewater system of which it is a part, and any other revenue producing facilities from which the local governmental unit may derive wastewater system revenues or other general revenues, the fixing and collection of wastewater system revenues or other general revenues, and the making and amending of contracts relating thereto.
  3. In addition to other security provided herein or otherwise by law, any local governmental obligations issued under authority of this chapter may be secured, in whole or in part, by insurance or by letters or lines of credit or other credit facilities issued by any insurance company, bank, trust company, or other financial institution, within or without the state, and a local governmental unit may pledge subject to applicable voter approval requirements, assign, or appropriate any of its general revenues or wastewater system revenues, as appropriate, as security for the reimbursement to the issuers of insurance, letters, or lines of credit or other credit facilities of any payments made thereunder.
  4. Any trust agreement may set forth the rights and remedies of the agency or other holders of the local governmental obligations secured thereby and of any trustee or other fiduciary thereunder.
  5. In addition to any other remedies provided under the applicable loan agreement or otherwise by law, the agency and any other holder of local governmental obligations issued under the provisions of this chapter, and any trustee under any trust agreement securing the obligations may bring suit in the superior court upon the local governmental obligations, and may, either at law or in equity, by suit, action, mandamus, or other proceeding for legal or equitable relief, including, in the case of local governmental obligations issued in accordance with § 46-12.2-12 , proceedings for the appointment of a receiver to take possession and control of the approved project financed thereby, the wastewater system of which it is a part, or any other revenue producing facilities from which the local governmental unit may derive wastewater system revenues or other general revenues, to operate and maintain the system or facility in compliance with law, to make any necessary repairs, renewals, and replacements and to fix, revise, and collect wastewater system revenues, protect, and enforce any and all rights under the laws of the state or granted in this chapter or under any trust agreement, and may enforce and compel the performance of all duties required by this chapter, the loan agreement, the applicable bond act, or the trust agreement to be performed by the local governmental unit or any officer thereof.
  6. A pledge of general revenues or wastewater system revenues in accordance with this chapter shall constitute a sufficient appropriation thereof for the purposes of any provision for appropriation for so long as the pledge shall be in effect, and, notwithstanding any general or special law or municipal charter to the contrary, the revenues shall be applied as required by the pledge and the trust agreement evidencing the revenues without further appropriation.
  7. A pledge or assignment of general revenues, other than wastewater system revenues, may be made only to secure general obligations of a local governmental unit.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-14. Bonds of the agency.

  1. The agency may provide by resolution of the board of directors for the issuance, from time to time, of bonds of the agency for any of its corporate purposes, including those set forth in this chapter and chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39, or for the borrowing of money in anticipation of the issuance of the bonds. Bonds issued by the agency may be issued as general obligations of the agency or as special obligations payable solely from particular revenues or funds as may be provided for in any trust agreement or other agreement securing bonds. The agency may also provide by resolution of the board of directors for the issuance, from time to time, of temporary notes in anticipation of the revenues to be collected or received by the agency, including, without limitation, in anticipation of any payments to the agency from the state pursuant to § 46-12.2-7 , or in anticipation of the receipt of other grants or aid. The issue of notes shall be governed by the provisions of this chapter and chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39, as applicable, relating to the issue of bonds of the agency other than temporary notes as these chapters may be applicable; provided, however, that notes issued in anticipation of revenues shall mature no later than one year from their respective dates, or the date of expected receipt of the revenues, if later, and notes issued in anticipation of grants, or other aid and renewals thereof, shall mature no later than six (6) months after the expected date of receipt of the grant or aid.
  2. The bonds of each issue shall be dated, may bear interest at such rate or rates, including rates variable from time to time as determined by such index, banker’s loan rate, or other method determined by the agency, and shall mature or otherwise be payable at such time or times, as may be determined by the agency, and may be made redeemable before maturity at the option of the agency or the holder thereof at such price or prices and under such terms and conditions as may be fixed by the agency. The agency shall determine the form of bonds, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds, and the place or places of payment of principal, redemption premium, if any, and interest, which may be paid at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds shall cease to be the officer before the delivery thereof, the signature or facsimile shall nevertheless be valid and sufficient for all purposes as if the officer had remained in office until delivery. The agency may provide for authentication of bonds by a trustee, fiscal agent, registrar, or transfer agency. Bonds may be issued in bearer or in registered form, or both, and, if notes, may be made payable to the bearer or to order, as the agency may determine. The agency may also establish and maintain a system of registration for any bonds whereby the name of the registered owner, the rights evidenced by the bonds, the transfer of the bonds, and the rights and other similar matters, are recorded in books or other records maintained by or on behalf of the agency, and no instrument evidencing the bond or rights need be delivered to the registered owner by the agency. A copy of the books or other records of the agency pertaining to any bond registered under a registration system certified by an authorized officer of the agency or by the agent of the agency maintaining the system shall be admissible in any proceeding without further authentication. The board of directors may by resolution delegate to any member or officer of the agency, or any combination thereof, the power to determine any of the matters set forth in this section. In the discretion of the agency, bonds of the agency may be issued with such terms as will cause the interest thereon to be subject to federal income taxation. The agency may sell its bonds in such manner, either at public or private sale, for the price, at the rate or rates of interest, or at discount in lieu of interest, as it may determine will best effect the purposes of this chapter or chapter 18 of title 24, as applicable.
  3. The agency may issue interim receipts or temporary bonds, exchangeable for definitive bonds, when the bonds shall have been executed and are available for delivery. The agency may also provide for the replacement of any bonds which shall have become mutilated or shall have been destroyed or lost. The agency, by itself or through such agency as it may select, may purchase and invite offers to tender for purchase any bonds of the agency at any time outstanding; provided, however, that no purchase by the agency shall be made at a price, exclusive of accrued interest, if any, exceeding the principal amount thereof or, if greater, the redemption price of the bonds when next redeemable at the option of the agency, and may resell any bonds so purchased in such manner and for such price as it may determine will best effect the purposes of this chapter or chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39, as applicable.
  4. In the discretion of the board of directors, any bonds issued under this section may be secured by a trust agreement in such form and executed in such manner as may be determined by the board of directors, between the agency and the purchasers or holders of the bonds, or between the agency and a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement may pledge or assign, in whole or in part, any loan agreements, local governmental obligations and non-governmental obligations, and the revenues, funds, and other assets or property held or to be received by the agency, including without limitation all moneys and investments on deposit from time to time in the water pollution control revolving fund, the Rhode Island water pollution control revolving fund, and the local interest subsidy trust fund, or the municipal road and bridge revolving fund, as applicable, and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the agency, and the proceeds thereof. The trust agreement may contain such provisions for protecting and enforcing the rights, security, and remedies of the bondholders as may be reasonable and proper including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities, restrictions on the individual right of action by bondholders, and covenants setting forth the duties of and limitations on the agency in relation to the custody, safeguarding, investment, and application of moneys, the enforcement of loan agreements, local governmental obligations and non-governmental obligations, the issue of additional or refunding bonds, the fixing, revision, charging, and collection of charges, the use of any surplus bond proceeds, the establishment of reserves, and the making and amending of contracts.
  5. In the discretion of the board of directors, any bonds issued under authority of this chapter or chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39 may be issued by the agency in the form of lines of credit or other banking arrangements under terms and conditions, not inconsistent with this chapter or chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39, and under such agreements with the purchasers or makers thereof or any agent or other representative of such purchasers or makers, as the board of directors may determine to be in the best interests of the agency. In addition to other security provided herein or otherwise by law, bonds issued by the agency under any provision of this chapter or chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39 may be secured, in whole or in part, by financial guarantees, by insurance, or by letters or lines of credit issued to the agency or a trustee or any other person, by any bank, trust company, insurance or surety company, or other financial institution, within or without the state, and the agency may pledge or assign, in whole or in part, any loan agreements, local governmental obligations and non-governmental obligations, and the revenues, funds, and other assets and property held or to be received by the agency, and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the agency, and the proceeds thereof, as security for the guarantees or insurance or for the reimbursement by the agency to any issuer of the line or letter of credit.
  6. It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of bonds, revenues, or other moneys under a trust agreement of the agency, and to furnish indemnification and to provide security as may be required by the agency. It is hereby declared that any pledge or assignment made by the agency under this chapter or chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39 is an exercise of the governmental powers of the agency, and loan agreements, local governmental obligations and non-governmental obligations, revenues, funds, assets, property, and contract or other rights to receive the same and the proceeds thereof, which are subject to the lien of a pledge or assignment created under this chapter or chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39, shall not be applied to any purposes not permitted by the pledge or assignment.
  7. Any holder of a bond issued by the agency under the provisions of this chapter or chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39 and any trustee or other representative under a trust agreement securing the trustee or representative, except to the extent the rights herein given may be restricted by the trust agreement, may bring suit upon the bonds in the superior court and may, either at law or in equity, by suit, action, mandamus, or other proceeding for legal or equitable relief, protect and enforce any and all rights under the laws of the state or granted hereunder or under the trust agreement, and may enforce and compel performance of all duties required by this chapter, chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39, or by the trust agreement, to be performed by the agency or by any officer thereof.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2013, ch. 144, art. 20, § 2; P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-14.1. Repealed.

History of Section. P.L. 2015, ch. 141, art. 14, § 18; Repealed by P.L. 2017, ch. 480, § 5, effective October 13, 2017.

Compiler’s Notes.

Former § 46-12.2-14.1 concerned electric and gas demand side charge proceeds as further security for debt funding energy efficiency improvements in public buildings.

46-12.2-15. Refunding bonds.

The agency may issue refunding bonds for the purpose of paying any of its bonds, issued pursuant to this chapter or chapter 24-18, at or prior to maturity or upon acceleration or redemption or purchase and retirement. Refunding bonds may be issued at such times at or prior to the maturity, redemption, or purchase and retirement of the refunded bonds as the board of directors deems to be in the interest of the agency. Refunding bonds may be issued in sufficient amounts to pay or provide for payment of the principal of the bonds being refunded, together with any redemption premium thereon, any interest or discount accrued or to accrue to the date of payment of the bonds, the costs of issuance of the refunding bonds, the expenses of paying, redeeming, or purchasing the bonds being refunded, the costs of holding and investing proceeds of refunding bonds pending payment, redemption, or purchase and reserves for debt service or other expenses from the proceeds of refunding bonds as may be required by a trust agreement securing the bonds. Pending application, the proceeds of the refunding bonds may be placed in escrow. The issue and sale of refunding bonds, the maturities, and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligations of the agency in respect of the same shall be governed by the provisions of this chapter and chapter 24-18, as applicable, relating to the issue of bonds other than refunding bonds insofar as these chapters may be applicable.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2013, ch. 144, art. 20, § 2.

46-12.2-16. Bonds eligible for investment.

Bonds issued by the agency under this chapter or chapter 24-18 and local governmental obligations issued hereunder are hereby made securities in which all public officers and agencies of the state and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly invest funds, including capital in their control or belonging to them. The bonds and local governmental obligations are hereby made securities which may properly be deposited with and received by any state or municipal officer of any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state or any political subdivision is now or may hereafter be authorized by law.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2013, ch. 144, art. 20, § 2.

46-12.2-17. No additional consent required.

Except as provided in this section, bonds and local governmental obligations, and non-governmental obligations may be issued under this chapter or chapter 18 of title 24 without obtaining the consent of any executive office, department, division, commission, board, bureau, or agency of the state or any political subdivision thereof, and without any other proceedings or the happening of any condition, or acts other than those proceedings, conditions, or acts which are specifically required therefor hereunder or under any applicable bond act, and the validity of and security for any bonds issued by the agency pursuant to this chapter or chapter 18 of title 24, and any local governmental obligations, and non-governmental obligations issued in accordance herewith, shall not be affected by the existence or nonexistence of any consent or other proceedings, conditions, or acts. Nothing in this chapter or chapter 18 of title 24 shall exempt the agency from the provisions of chapter 10.1 of title 42 entitled “Public Finance Management Board,” and the Narragansett Bay commission shall not issue any bonds, notes, or other indebtedness without the approval of the division of public utilities as required by § 39-3-15 .

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2013, ch. 144, art. 20, § 2; P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-18. Bonds not obligations of the state.

Bonds issued by the agency under the provisions of this chapter or chapter 18 of title 24 shall not be deemed to be a debt or a pledge of the faith and credit of the state or of any of its political subdivisions, but shall be payable solely from the revenues, funds, assets, and other property of the agency from which they are made payable pursuant to this chapter or chapter 18 of title 24. Bonds issued by the agency under the provisions of this chapter and chapter 18 of title 24 shall recite that neither the state nor any political subdivisions thereof shall be obligated to pay the bonds, and that neither the faith and credit nor the taxing power of the state or of any political subdivision thereof is pledged to the payment of the principal of or interest on the bonds. Further, every bond shall recite whether it is a general obligation of the agency, or a special obligation thereof payable solely from particular revenues, funds, assets, or other property pledged to its payment.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2013, ch. 144, art. 20, § 2.

46-12.2-19. Lien status — Recording.

  1. Notwithstanding any provision of any other law, including the Uniform Commercial Code:
    1. Any pledge or assignment of revenues of any kind, funds, loan agreements, local governmental obligations, property, or assets made pursuant to the provisions of this chapter or chapter 18 of title 24 by the agency, or any local governmental unit hereunder, shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise, whether or not the parties have notice thereof, and shall be deemed continuously perfected from the time it is made;
    2. No filing of any kind with respect to a pledge or assignment need be made under the Uniform Commercial Code, as amended, or otherwise;
    3. Unless otherwise provided in the loan agreement, a pledge of revenues of any kind shall be deemed to include a pledge of any accounts or general intangibles from which the pledged revenues are derived, whether existing at the time of the pledge or thereafter coming into existence, and whether held at the time of the pledge or thereafter acquired by the agency or local governmental unit, and the proceeds of the accounts or general intangibles; and
    4. The pledge of revenues of any kind, accounts, and general intangibles shall be subject to the lien of the pledge without delivery or segregation, and the lien of the pledge shall be valid and binding against all parties having claims of contract or tort or otherwise against the agency or local governmental unit.
  2. A pledge of revenues of any kind under this chapter or chapter 18 of title 24 shall constitute a sufficient appropriation thereof for the purposes of any provision for appropriation, and the revenues may be applied as required by the pledge without further appropriation.
  3. For the purposes of this section, the word “pledge” shall be construed to include the grant of a security interest under the Uniform Commercial Code.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2013, ch. 144, art. 20, § 2.

46-12.2-20. Bonds and local government obligations as investment securities.

Notwithstanding any of the provisions of this chapter, chapter 18 of title 24, or any recitals in any bonds or local governmental obligations issued hereunder, all bonds and local governmental obligations shall be deemed to be investment securities under the Uniform Commercial Code.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2013, ch. 144, art. 20, § 2.

46-12.2-21. Proceeds received by agency as trust funds.

All moneys received by the agency pursuant to the provisions of this chapter or chapter 18 of title 24, whether as proceeds from the issue of bonds or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in these chapters.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2013, ch. 144, art. 20, § 2.

46-12.2-22. Tax exemption.

Bonds issued by the agency and local governmental obligations issued by any local governmental unit in accordance with this chapter or chapter 18 of title 24, their transfer and the income therefrom, including any profit made on the sale thereof, shall, at all times, be exempt from taxation by and within the state. The agency shall not be required to pay any taxes, assessments, or excises upon its income, existence, operation, or property.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2013, ch. 144, art. 20, § 2.

46-12.2-23. Duration of agency — Termination.

The agency and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the agency shall have bonds outstanding, unless adequate provision has been made for the payment or satisfaction thereof. Upon termination of the agency, the title to all funds and other properties owned by it, which remain after provision for the payment or satisfaction of all bonds of the agency, shall vest in the state. The obligations, debts, and liabilities of the agency shall be assumed by and imposed upon the state, and shall be transferred to the state general treasurer or to such other successor as the general assembly may designate.

History of Section. P.L. 1989, ch. 303, § 2.

46-12.2-24. Record keeping — Financial statements.

The agency shall, at all times, keep full and accurate accounts of its receipts, expenditures, disbursements, assets, and liabilities which shall be open to inspection by any officer or duly appointed agent of the state.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2001, ch. 180, § 148; P.L. 2005, ch. 316, § 1; P.L. 2005, ch. 320, § 1.

46-12.2-24.1. Reporting requirements.

Within ninety (90) days after the end of each fiscal year, the agency 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 agency’s meetings including when the agency met, subjects addressed, decisions rendered and meeting minutes; a summary of the agency’s actions including a listing of rules, regulations, or procedures adopted or amended, applications received for financial assistance for water pollution abatement projects, contracts or agreements entered into, applications and intended use plans submitted to federal agencies for capitalization grants, properties acquired or leased, and bonds issued; a synopsis of any complaints, suspensions, or other legal matters related to the authority of the agency; a consolidated financial statement of all funds received and disbursed by the agency including the source of and recipient of the funds which shall be audited by an independent certified public accountant firm; copies of audits or reports required under federal law; a listing of the staff and/or consultants employed by the agency; a listing of findings and recommendation derived from agency activities; and a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies. The report shall be posted as prescribed in § 42-20-8.2 . The director of the department of administration shall be responsible for the enforcement of this provision.

History of Section. P.L. 2005, ch. 316, § 2; P.L. 2005, ch. 320, § 2.

46-12.2-25. Supplemental powers — Inconsistent laws.

The provisions of this chapter and chapter 19.16 of title 23, chapter 18 of title 24, and chapter 26.5 of title 39 shall be deemed to provide an additional, alternative, and complete method for accomplishing the purposes of these chapters, and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the agency, the department, and local governmental units by other laws; provided, however, that insofar as the provisions of these chapters are inconsistent with the provisions of any general or special law, municipal charter, administrative order or regulations, the provisions of these chapters shall be controlling. Any amounts appropriated by these chapters to the agency or the department shall be in addition to any other amounts appropriated to the agency or the department by any other law.

History of Section. P.L. 1989, ch. 303, § 2; P.L. 2013, ch. 144, art. 20, § 2; P.L. 2015, ch. 141, art. 14, § 17.

46-12.2-25.1. Administrative procedures.

The agency shall be subject to the provisions of chapter 35 of title 42.

History of Section. P.L. 1993, ch. 259, § 3.

46-12.2-26. Compliance with federal law.

Notwithstanding anything to the contrary herein, the provisions of this chapter are limited to the extent required by applicable federal law.

History of Section. P.L. 1989, ch. 303, § 2.

46-12.2-27. Severability — Liberal construction.

The provisions of this chapter are severable, and if any provision hereof shall be held invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances. This chapter shall be construed in all respects so as to meet any constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements. This chapter shall be construed liberally in aid of its purpose and legislative findings.

History of Section. P.L. 1989, ch. 303, § 2.

Chapter 12.3 The Environmental Injury Compensation Act

46-12.3-1. Proceedings for enforcement.

The superior court shall have jurisdiction to enforce the provisions of this chapter. Venue shall exist in the county where the plaintiff is located or in Providence County, at the election of the plaintiff. A civil action may be instituted by the attorney general or by any person, corporation, partnership, or other business entity for damages sustained as a result of a violation of the provisions of chapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have a licensed pilot on board prior to entering a navigable waterway of the state, or chapter 12 of title 46, regarding water pollution, or any violation of any permit, rule, regulation, or order issued pursuant thereto by the owner, operator, and/or his or her or its agent of a seagoing vessel, as defined in § 46-9-2 , or as a result of the negligence of the owner, operator, or agent.

History of Section. P.L. 1990, ch. 198, § 1.

Collateral References.

Liability insurance coverage for violations of antipollution laws. 87 A.L.R.4th 444.

Necessity of proof of scienter under statute fixing criminal penalties for hazardous waste violations (42 USCS § 6928(d)). 106 A.L.R. Fed. 836.

What constitutes “suit” triggering insurer’s duty to defend environmental claims — state cases. 48 A.L.R.5th 355.

46-12.3-2. Strict liability.

The owner, operator, and/or his or her or its agent of any seagoing vessel, as defined in § 46-9-2 , entering the waters or waterways of this state who shall violate the provisions of chapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have a licensed pilot on board prior to entering a navigable waterway of the state or chapter 12 of title 46, regarding water pollution or any violation of any permit, rule, regulation, or order issued pursuant thereto, shall be strictly liable for any injury or damage resulting from the violation, including, but not limited to, damage or injury to the environment or natural resources of the state, injury to the person, property damage, or economic loss to any individual, corporation, partnership, or other business entity.

History of Section. P.L. 1990, ch. 198, § 1.

46-12.3-3. Action on negligence.

Any person who sustains personal injury, property damage, or economic loss as a result of the negligent act of any owner, operator, and/or his or her or its agent of any seagoing vessel as defined in § 46-9-2 , entering the waters or waterways of this state, shall be entitled to maintain an action to recover the damages pursuant to the provisions of § 46-12.3-1 .

History of Section. P.L. 1990, ch. 198, § 1.

46-12.3-4. Recovery for economic loss.

  1. A person shall be entitled to recover for economic loss, pursuant to §§ 46-12.3-2 and 46-12.3-3 , if the person can demonstrate the loss of income or diminution of profit to a person or business as a result of damage to the natural resources of the state of Rhode Island caused by the violation of any provision of chapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have a licensed pilot on board prior to entering a navigable waterway of the state, or chapter 12 of title 46, regarding water pollution, or any violation of any permit, rule, regulation, or order issued pursuant thereto by the owner or operator and/or their agents of the seagoing vessel and/or caused by the negligence of the owner or operator and/or their agents of the seagoing vessel.
  2. In any suit brought to recover economic loss, it shall not be necessary to prove that the loss was sustained as a result of physical injury to the person or damage to his or her property, nor shall it be a defense to any claim that the defendant owed no special duty to the plaintiff or that the loss was the result of governmental action taken in response to the violation and/or negligence of the defendant.
  3. Without limiting the generality of the foregoing, persons engaged in commercial fishing or shellfishing and/or the processors of fish or shellfish, who can demonstrate that they have sustained a loss of income or profit as a result of damage to the environment resulting from violations of chapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have a licensed pilot on board prior to entering a navigable waterway of the state, or chapter 12 of title 46, regarding water pollution or any violation of any permit, rule, regulation or order pursuant thereto by the owner or operator and/or their agents of a seagoing vessel and/or caused by the negligence of the owner and/or agent of a seagoing vessel, shall have a cause of action for economic loss. Persons employed by, or who operate businesses, who have sustained a loss of income or profit as a result of a decrease in the volume of business caused by the damage to the environment shall also be entitled to maintain an action for economic loss.

History of Section. P.L. 1990, ch. 198, § 1.

NOTES TO DECISIONS

Application.

Seafood dealers, tackle shop operators, restaurant owners, a scuba shop runner and a variety of other shoreline businesses could bring an action against shipping company for injuries sustained as a result of the grounding of its oil rig. Ballard Shipping Co. v. Beach Shellfish, 32 F.3d 623, 1994 U.S. App. LEXIS 22063 (1st Cir. 1994).

The Rhode Island Environmental Injury Compensation Act as reasonably construed and applied is not preempted by the admiralty clause of the United States Constitution. Ballard Shipping Co. v. Beach Shellfish, 32 F.3d 623, 1994 U.S. App. LEXIS 22063 (1st Cir. 1994).

46-12.3-5. Attorney general — Suits parens patriae.

  1. The attorney general may bring a civil action in superior court in the name of the state, as parens patriae on behalf of persons residing in this state, to secure monetary relief as provided in this chapter for injuries sustained by persons to their person, property, or economic loss by reason of any violation of this chapter. The court shall exclude from the amount of monetary relief awarded in an action any amount of monetary relief:
    1. Which duplicates amounts which have been awarded for the same injury under state or federal law; or
    2. Which is properly allocable to persons who have excluded their claims pursuant to subsection (c)(2) of this section.
  2. The court shall award the state as monetary relief twofold the total damage sustained as described in subsection (a) of this section, and the costs of suit, including a reasonable attorney’s fee.
    1. In any action brought under subsection (a) of this section the attorney general shall, at such times, in such manner, and with such content as the court may direct, cause notice thereof to be given by publication.
    2. Any person on whose behalf an action is brought under subsection (a) may elect to exclude from adjudication the portion of the state claim for monetary relief attributable to him or her by filing notice of the election with the court within such time as specified in the notice given pursuant to subsection (c)(1).
    3. The final judgment in an action under subsection (a) shall be res judicata as to any claim under §§ 46-12.3-2 , 46-12.3-3 , and 46-12.3-4 by any person on behalf of whom the action was brought and who fails to give notice within the period specified in the notice given pursuant to subsection (c)(1).
  3. An action under subsection (a) shall not be dismissed or compromised without the approval of the court, and notice of any proposed dismissal or compromise shall be given by publication at such times, in such manner, and with such content as the court may direct.
  4. In any action under subsection (a):
    1. The amount of the plaintiff’s attorney’s fees, if any, shall be determined by the court, and any attorney’s fees awarded to the attorney general shall be deposited with the state as general revenues; and
    2. Monetary relief recovered in an action under this section shall:
      1. Be distributed in such manner as the court in its discretion may authorize; or
      2. Be deemed a civil penalty by the court and deposited with the state as general revenues; subject in either case to the requirement that any distribution procedure adopted afford each person a reasonable opportunity to secure his or her appropriate portion of the net monetary relief.
  5. In any action under this section the fact that a person or public body has not dealt directly with the defendant or that the defendant owed no special duty to the plaintiff or that the loss was the result of governmental action in response to the violation and/or negligence of the defendant shall not bar or otherwise limit recovery; provided, however, the court shall exclude from the amount of monetary relief awarded in an action any amount of monetary relief which duplicates amounts which have been awarded for the same injury.

History of Section. P.L. 1990, ch. 198, § 1.

46-12.3-6. Severability.

If any provision of this chapter or the application thereof to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter and the application of the provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1990, ch. 198, § 1.

46-12.3-7. Remedies cumulative.

The remedies provided for in this chapter are in addition to all other remedies available in law or in equity.

History of Section. P.L. 1990, ch. 198, § 1.

46-12.3-8. Responders liability.

  1. Nothing in this chapter or any other provision of law shall be construed to hold persons, other than those responsible for the initial discharge, who render care, assistance or advice with respect to the discharge of petroleum or petroleum products into or on the waters of the state, regarding the amelioration of environmental damage caused by the discharge, strictly liable for their acts or omissions.
  2. Notwithstanding any other provision of law, any person who takes action or omits to take actions in rendering care, assistance or advice relating to containment and clean up of or otherwise responding to a discharge or threat of discharge of petroleum or petroleum products into or on the surface waters of the state, consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the director of the department of environmental management, shall not be liable for any costs, expenses or damages of any kind; provided, however, that this limitation shall not apply to such costs, expenses and/or damages that are a proximate result of that person’s gross negligence or willful misconduct, and provided further this exemption shall not apply with respect to personal injury or wrongful death.
  3. Notwithstanding any other provision of law, a person responsible for the initial discharge shall be liable for any and all costs, expenses or damages for which a responder is relieved of liability under this section, and any injured person with a claim against a person who is relieved of liability by this section may bring an action for recovery of the costs of cleanup and removal and direct and indirect damages directly against the person responsible for the initial discharge. Nothing in this section shall serve to limit or reduce the strict liability of a person responsible for the initial discharge for any injury or damage resulting from a discharge of petroleum or petroleum products, including, but not limited to, damage or injury to the environment or natural resources of the state, injury to the person, property damage or economic loss to any individual, corporation, partnership or other business entity.
  4. Nothing in this section shall preclude any claim by any person seeking recovery for the costs of cleanup and removal or direct and indirect damages in an action brought directly against the person responsible for the initial discharge pursuant to any other provisions of the general laws or pursuant to common law, or limit the damages which can be awarded in such action.
  5. Notwithstanding any other provision of law, an owner, operator or a person holding a masters license to operate a vessel is not liable for cleanup and removal costs or damages which result from actions taken in good faith in the course of rendering assistance, in an emergency situation, at the request of the owner or operator of a vessel attempting to prevent the substantial threat of a discharge of petroleum into or upon the waters of the state; provided however, that reasonable efforts are made to notify the federal on scene coordinator or the director of the department of environmental management or his or her designee prior to such assistance being rendered or, if that is not practicable, as soon as possible thereafter. This limitation shall not apply to such costs, expenses or damages that are the proximate result of that masters gross negligence or willful misconduct, and provide further that this exemption shall not apply with respect to personal injury or wrongful death.

History of Section. P.L. 1990, ch. 198, § 1; P.L. 1992, ch. 110, § 1; P.L. 1997, ch. 32, § 4.

Chapter 12.4 Contaminants from Seagoing Vessels Act

46-12.4-1. Contaminants from tank vessels.

  1. The owners, operators, and/or their agents of any tank vessel, as defined in 33 U.S.C. § 2701(34), which transports petroleum products for commercial purposes entering the waters or waterways of this state and transporting any petroleum product shall possess a valid certificate of financial responsibility issued by the U.S. Coast Guard or for vessels less than three hundred (300) gross tons, or other evidence of financial responsibility in accordance with the federal Oil Pollution Act §§ 1004 and 1016, 33 U.S.C. §§ 2704 and 2716, as evidence of financial responsibility applicable to payment of any judgment entered on behalf of the state of Rhode Island or any person aggrieved pursuant to the provisions of chapter 12.3 of title 46. Any tank vessel entering waters or waterways of this state without such valid certificate of financial responsibility or, for vessels less than three hundred (300) gross tons, without evidence of financial responsibility in accordance with the federal Oil Pollution Act §§ 1004 and 1016 shall be fined not more than one hundred thousand dollars ($100,000) or twice the amount required to rectify any environmental damage caused by the vessel, whichever is greater.
  2. The provisions of this section shall not be construed to apply to the owner or operator of a terminal facility situated within the state, which has no ownership interest in the tank vessel merely because the terminal is the destination of the vessel.
  3. The department of environmental management is hereby authorized to promulgate rules and regulations necessary to implement the provisions of this section.

History of Section. P.L. 1990, ch. 197, § 1; P.L. 1991, ch. 26, § 1.

Compiler’s Notes.

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

Collateral References.

Liability insurance coverage for violations of antipollution laws. 87 A.L.R.4th 444.

Chapter 12.5 Oil Spill Pollution Prevention and Control Act [Repealed.]

46-12.5-.09 — 46-12.5-25. Repealed.

Repealed Sections.

These sections (P.L. 1990, ch. 324, § 2; P.L. 1995, ch. 370, art. 40, § 156; P.L. 1996, ch. 290, §§ 2, 3), concerning oil spill pollution prevention and control, was repealed by P.L. 1997, ch. 32, § 1, effective June 30, 1997. For present comparable provisions, see 46-12.5.1-1 et seq.

Chapter 12.5.1 Oil Pollution Control

46-12.5.1-1. Definitions.

As used in this chapter these terms shall, where the context permits, be construed to mean:

  1. “Containment and cleanup”  includes all direct and indirect efforts associated with the prevention, abatement, containment, or removal of a pollutant, the restoration of the environment to its former state, and all incidental administrative costs;
  2. “Contaminated ballast water”  means ballast water carried in uncleaned cargo tanks or mixed with oil in some other manner such that the discharge of such water would produce a visible sheen.
  3. “Department”  means the department of environmental management or its successor;
  4. “Director”  means the director of the department of environmental management;
  5. “Oil”  means oil of any kind and in any form, whether crude, refined, or a petroleum by product, including, but not limited to, petroleum, fuel oil, gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, liquified natural gas, propane, butane, or other liquid hydrocarbons regardless of specific gravity;
  6. “Oil pollution”  means discharging, causing to be discharged, or permitting the discharge of oil into or upon the waters of this state, or to construct or install any industrial, commercial, or other establishment, to make any modification or addition thereto, or to undertake any development which may result in the discharge of oil into the waters of the state, unless the discharge is made to a system or means to prevent pollution approved by the director;
  7. “Operator”  means the person who, through contract, lease, sublease, or otherwise, exerts general supervision and control of activities including, but not limited to, a prime general contractor, the “master” of a vessel and the master’s employer or any other person who, personally or through an agent or contractor, undertakes the general functioning of the facility;
  8. “Person”  includes an individual, trust, firm, joint stock company, corporation (including a quasi government corporation), municipality, municipal or state agency, fire district, club, nonprofit agency, or country;
  9. “Discharge”  means any spilling, leaking, pumping, pouring, emitting, emptying, releasing, injecting, escaping, leaching, dumping, or disposing into the environment;
  10. “Vessel”  means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, whether self propelled or otherwise, and includes barges and tugs;
  11. “Waters of the state”  include all surface waters including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond or lake; and all ground waters and wetlands of the state of R.I.

History of Section. P.L. 1997, ch. 32, § 2.

Law Reviews.

For note, “A Shot Across the Bow: Rhode Island’s Oil Spill Pollution Prevention and Control Act,” see 2 Roger Williams U.L. Rev. 363 (1997).

NOTES TO DECISIONS

Discharge.

Landowner was liable for contamination on a neighbor’s property because (1) R.I. Gen. Laws § 46-12.5.1-1(9) imposed liability for passive migration of a contaminant in and below the landowner’s property, and (2) the Industrial Property Remediation and Reuse Act’s exclusion of certain petroleum products, §§ 23-19.14-3 , 23-19.14-6 , did not affect such liability. Power Test Realty Co. v. Coit, 134 A.3d 1213, 2016 R.I. LEXIS 32 (R.I. 2016).

Collateral References.

Liability insurance coverage for violations of antipollution laws. 87 A.L.R.4th 444.

What are “navigable waters” subject to Federal Water Pollution Control Act (33 U.S.C.S. §§ 1251 et seq.). 160 A.L.R. Fed. 585.

46-12.5.1-2. Powers and duties of the director.

  1. In addition to the other powers granted the director of the department of environmental management, the director shall have and may exercise these powers and duties:
    1. To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated hereunder;
    2. To promulgate rules and regulations for the transportation of oil on the waters and over the land of this state; for the emergency response for the containment, cleanup, and abatement of a discharge of oil; for the assessment of penalties and recovery of costs and of damages as set forth in this chapter; and for any other procedures necessary for the implementation of this chapter;
    3. To promulgate rules and regulations for oil discharge contingency plans. The rules and regulations may at the minimum:
      1. Prohibit the transfer of oil to or from a tank vessel or oil barge without an oil discharge contingency plan that the appropriate authority has approved;
      2. Require proof of financial responsibility by the owner or operator of the tank vessel or oil barge; and
      3. Address catastrophic oil discharges.
    4. To exercise all incidental powers necessary to carry out the purposes of this chapter;
  2. Nothing in this chapter shall be construed to abridge the powers and duties of the director over water pollution, including the discharge of oil, as established in this title, or in chapter 17.1 or 35 of title 42, or in title 23.

History of Section. P.L. 1997, ch. 32, § 2; P.L. 2007, ch. 340, § 42.

46-12.5.1-3. Prohibition against oil pollution.

  1. No person shall discharge, cause to be discharged, or permit the discharge of oil into, or upon the waters or land of the state except by regulation or by permit from the director.
  2. Any person who violates any provision of this chapter or any rule or regulation or order of the director issued pursuant to this chapter shall be strictly liable to the state.

History of Section. P.L. 1997, ch. 32, § 2.

Law Reviews.

Survey Section: Environmental Law, see 3 Roger Williams U.L. Rev. 586 (1998).

NOTES TO DECISIONS

Knowledge.

Sufficient evidence showed a landowner knew of petroleum leaching under the landowner’s property because (1) the landowner had notice that pipelines under the landowner’s property were the likely source of petroleum on neighboring property, and (2) the landowner’s knowledge to a certainty was not required. Power Test Realty Co. v. Coit, 134 A.3d 1213, 2016 R.I. LEXIS 32 (R.I. 2016).

Liability Imposed.

Landowner was liable for contamination on a neighbor’s property because (1) R.I. Gen. Laws § 46-12.5.1-1(9) imposed liability for passive migration of a contaminant in and below the landowner’s property, and (2) the Industrial Property Remediation and Reuse Act’s exclusion of certain petroleum products, §§ 23-19.14-3 , 23-19.14-6 , did not affect such liability. Power Test Realty Co. v. Coit, 134 A.3d 1213, 2016 R.I. LEXIS 32 (R.I. 2016).

Sufficient evidence supported holding a landowner liable for remediating neighboring property because (1) pipelines under the landowner’s property were upgradient of contamination on the neighboring property, and, (2) based on the pipelines’ age, the pipelines likely transported leaded gasoline that was the source of lead found in the contamination. Power Test Realty Co. v. Coit, 134 A.3d 1213, 2016 R.I. LEXIS 32 (R.I. 2016).

46-12.5.1-4. Ballast water discharge.

  1. Except as provided in subsection (b) of this section, no person shall cause or permit the discharge of contaminated ballast water from a vessel into the water of the state.
  2. The master of a vessel may discharge contaminated ballast water from a vessel only if it is necessary for the safety of the vessel and no alternative action is feasible to ensure the safety of the vessel.

History of Section. P.L. 1997, ch. 32, § 2.

46-12.5.1-5. Discharge reporting.

A person in charge of a facility, operation or vessel, as soon as the person has knowledge of any discharge from the facility, operation, or vessel in violation of this chapter shall, in a timely fashion, notify the department of the discharge.

History of Section. P.L. 1997, ch. 32, § 2.

46-12.5.1-6. Civil penalties for discharge of oil.

  1. The legislature finds that:
    1. Oil is important as an energy source to the people of the state; however, the discharge of oil in any quantity may have a substantial permanent or negative impact on the public health and environment and the economy of this state in that it contaminates the land and water supplies and renders land unfit for use and water unfit for use and consumption; degrades, damages, and destroys the abundant natural beauty of the state; and kills marine and aquatic organisms at all stages of development;
    2. The citizens of this state should not have to bear the burdens of the cleanup and the losses of economic livelihood that result from the discharge of oil in any degree; and
    3. Substantial civil penalties should be imposed in order to provide an incentive to insure the safe handling of oil and to prevent the discharge of oil onto the land or into the waters of the state;
  2. The director shall promulgate rules and regulations pursuant to the Administrative Procedures Act, as set forth in chapter 35 of title 42, that establish administrative penalties for discharges of oil, which penalties shall not exceed the sum of twenty-five thousand dollars ($25,000) for each day during which the violation occurs. In determining the administrative penalty for the discharge of oil, the director shall consider several factors, including, but not limited to:
    1. The type of environment that the discharge oil enters, such as, but not limited to, a stream or tributary thereto that is capable of or has historically supported anadromous fish; a freshwater environment with significant or substantial aquatic resources; or an estuarine, intertidal, or salt water environment;
    2. The amount of oil spilled;
    3. The type of oil spilled;
    4. The toxicity, degradability, and dispersal characteristics of the oil spilled; and
    5. Any mitigating action that the vessel master or the facility owner or operator may have taken to stop or to control the discharge of oil.
  3. The entire penalty specified in the regulations shall be imposed, except that a person who discharges oil into a receiving environment may demonstrate, by a preponderance of evidence, that mitigating circumstances relating to the effects of the discharge would make imposition of the full penalty inappropriate. If mitigating circumstances are proven by a preponderance of the evidence, the director may reduce or eliminate the penalty, in accordance with the purposes of this section.
  4. A person otherwise liable for administrative penalties under subsection (e) of this section shall not be liable if the person demonstrates, by a preponderance of the evidence, that the discharge occurred solely as a result of:
    1. An act of God;
    2. An act of a third person, unless the third person is a person with whom the person charged is made jointly and severally liable under this section;
    3. A negligent or intentional act of the United States; or
    4. An act of war.
  5. Nothing in this section shall preclude the director from assessing additional penalties for the discharge of oil as set forth in chapters 12 of this title, 17.1 and 17.6 of title 42, and 19.1 of title 23.
  6. Nothing in this section shall preclude the state or any private party from seeking damages and/or penalties in an action brought pursuant to any other provision of the general laws or pursuant to common law or to limit the damages which can be awarded in such an action.

History of Section. P.L. 1997, ch. 32, § 2.

46-12.5.1-7. Damages.

  1. In addition to penalties established in this chapter, any person who violates or causes or permits to be violated a provision of this chapter or rule, regulation, or order pursuant thereto, shall be strictly liable to the state for these costs and expenses:
    1. Compensation for any adverse environmental effects caused by the violation, which the court shall determine according to the toxicity, degradability, and dispersal characteristics of the substance discharged, the nature and sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality;
    2. Costs that the state has incurred in detection, investigation, and correction of the violation;
    3. The economic advantage that the person realized in not complying with the requirements and provisions of this chapter.
  2. Liability for damages under subsection (a) of this section includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degraded resource, or to otherwise restore the environment of the state to its condition before the injury.
  3. Nothing in this section shall preclude the state or any private party from seeking additional damages and/or penalties in a civil action brought pursuant to any other provision of the general laws or pursuant to common law, or to limit the damages which can be awarded in such an action.

History of Section. P.L. 1997, ch. 32, § 2.

46-12.5.1-8. Reimbursement for cleanup expenses — Deposit of money.

  1. The department shall promptly seek reimbursement under this chapter or from an applicable federal fund, for the expenses it incurs in the cleanup, containment, or abatement of a discharge of oil. If the department obtains reimbursement for a portion of its expenses from a federal fund, the remainder of the expenses incurred may be recovered as set forth in this chapter.
  2. There is hereby established an account within the general fund to be called the oil release response fund. All monies collected pursuant to this chapter shall be deposited into this fund, which shall be administered in accordance with chapter 12.7 of this title.

History of Section. P.L. 1997, ch. 32, § 2.

46-12.5.1-9. Proceedings for enforcement.

The superior court shall have the jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant thereto. Proceedings for enforcement may be instituted by the attorney general or the director, and in any proceedings in which the attorney general or the director seeks injunctive relief, it shall not be necessary to show that without the relief, the injury that will result will be irreparable or that the remedy at law is inadequate. Proceedings provided in this section shall be in addition to other administrative or judicial proceedings authorized by this chapter or pursuant to any other provision of the general laws or common law.

History of Section. P.L. 1997, ch. 32, § 2.

46-12.5.1-10. Criminal penalties.

  1. Except as provided in subsection (c), a person who willfully or with criminal negligence violates a provision of this chapter, or of a rule or regulation promulgated under this chapter or order of the director issued under this chapter shall be punished by a fine of not more than twenty-five thousand dollars ($25,000), or by imprisonment for not more than five (5) years, or by both such a fine and imprisonment; and every person shall be deemed guilty of a separate and distinct offense for each day during which the violations shall be repeated or continued.
  2. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each instance of violation, or by imprisonment for not more than five (5) years, or by both a fine and imprisonment.
  3. Notwithstanding subsection (a), a person who fails to provide or falsely states information required under § 46-12.5-4 [Repealed] shall be guilty of a misdemeanor.

History of Section. P.L. 1997, ch. 32, § 2.

Compiler’s Notes.

P.L. 1997, ch. 32, § 1 repealed § 46-12.5-4 referred to in subsection (c). For comparable provisions, see § 46-12.5.1-4 .

46-12.5.1-11. Emergency powers.

The director shall have all emergency powers and procedures set forth in § 46-12-10 .

History of Section. P.L. 1997, ch. 32, § 2.

46-12.5.1-12. Notices of violations and compliance orders.

  1. The director shall follow the procedures provided in § 42-17.1-2(21) in issuing any notice of violation or compliance order authorized pursuant to this chapter or any rules, regulations, or permits promulgated thereunder.
  2. Where an order of the director does not otherwise specify, the person against whom an order is entered shall, within seventy-two (72) hours of the receipt of the order and before proceeding to install a system or means to contain, abate, control, and remove the discharged oil, submit to the director a plan or a statement describing the system or means that the person intends to implement.
  3. Any order or notice issued by the director shall be eligible for recordation under chapter 13 of title 34. The director shall forward the original order or notice to the city or town wherein the subject property is located and the order or notice shall be recorded 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 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 land evidence records in the city or town wherein the subject property is located.

History of Section. P.L. 1997, ch. 32, § 2; P.L. 2008, ch. 475, § 29; P.L. 2021, ch. 147, § 5, effective July 3, 2021; P.L. 2021, ch. 148, § 5, effective July 3, 2021.

Compiler's Notes.

P.L. 2021, ch. 147, § 5, and P.L. 2021, ch. 148, § 5 enacted identical amendments to this section.

46-12.5.1-13. Remedies cumulative.

All remedies provided by this chapter or chapter 12.7 of this title are cumulative, and the securing of relief, whether injunctive, civil, or criminal, under a section of this chapter or chapter 12.6 or 12.7 of this title does not stop the state or any person from obtaining relief under any other section of this chapter or chapter 12.6 or 12.7 of this title, or pursuant to any other provision of the general laws or the common law.

History of Section. P.L. 1997, ch. 32, § 2.

46-12.5.1-14. Oil discharge cleanup personnel, equipment, expenses.

In the absence of an alternative, the department, when feasible, shall enter into contracts with persons or private organizations to provide the personnel, equipment, or other services or supplies which may be required to carry out this chapter. Contracts under this section are governed by chapter 2 of title 37. When private contracting is not feasible, the department may establish and maintain at ports, harbors, or other locations in the state, the cleanup personnel, equipment, and supplies which, in its judgment, are necessary to carry out this chapter.

History of Section. P.L. 1997, ch. 32, § 2.

46-12.5.1-15. Compacts authorized.

The governor may execute supplementary agreements, reciprocal arrangements, or compacts with any other state or country, subject to the approval, if required by the United States Constitution, of the Congress of the United States, for the purpose of implementing this chapter.

History of Section. P.L. 1997, ch. 32, § 2.

Chapter 12.6 Tank Vessel Safety Act [Repealed.]

46-12.6-1 — 46-12.6-14. Repealed.

Repealed Sections.

These sections (P.L. 1997, ch. 32, § 3), concerning tank vessel safety, were repealed by P.L. 2000, ch. 490, § 1, effective July 20, 2000.

Chapter 12.7 Oil Spill Prevention, Administration and Response Fund

46-12.7-1. Purpose.

The legislature finds and declares that the release of oil or hazardous substances into the environment presents a real and substantial threat to the public health and welfare, to the environment, and to the economy of the state. The legislature therefore concludes that it is in the best interest of the state and its citizens to provide a readily available fund for the payment of expenses that the department of environmental management incurs in the protection of the environment of the state from the release of oil. The legislature further recognizes the considerable hardships which may be incurred by the citizens of the state as a direct result of the release of oil into the environment, and therefore the legislature concludes that it is in the best interest of the state to expand the scope of the fund to allow claims from citizens, in certain instances, and to provide for the disbursal of emergency loans from the fund. The legislature lastly concludes that preparedness is an essential component of prevention of and response to oil spill events and, therefore, the purpose of the fund shall be further expanded to support activities which will directly benefit the state in the event of future oil spill events.

History of Section. P.L. 1990, ch. 324, § 4; P.L. 1995, ch. 370, art. 40, § 157; P.L. 1996, ch. 289, § 2; P.L. 2002, ch. 62, § 2.

46-12.7-2. Repealed.

Repealed Sections.

Former § 46-12.7-2 (P.L. 1990, ch. 324, § 4), concerning establishment of the oil release response fund and financing of the fund, was repealed by P.L. 1995, ch. 370, art. 40, § 175, effective July 1, 1995.

46-12.7-2.1. Fund established.

  1. A fund is hereby established in the state general fund to be called the “oil spill prevention, administration, and response fund”. The fund shall assume the full contents of the fund previously known as the oils release response fund. The director shall continue to administer the fund.
  2. Money from an appropriation made to the fund remaining in the fund at the end of a fiscal year shall remain available for expenditure in successive fiscal years.
  3. The fund shall be used for only those purposes enumerated in § 46-12.7-5.1 .

History of Section. P.L. 1996, ch. 289, § 4.

46-12.7-3. Repealed.

Repealed Sections.

Former § 46-12.7-3 (P.L. 1990, ch. 324, § 4) concerning establishment of the oil release response fund and financing of the fund was repealed by P.L. 1995, ch. 370, art. 40, § 175, effective July 1, 1995.

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, 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 § 46-12.7-4.1 ; and
  7. Any interest earned on the moneys in the fund.

History of Section. P.L. 1996, ch. 289, § 4; P.L. 2006, ch. 555, § 1; P.L. 2007, ch. 340, § 43.

46-12.7-4. Repealed.

Repealed Sections.

This section (P.L. 1990, ch. 324, § 4), concerning financing the abatement of oil releases, was repealed by P.L. 1996, ch. 289, § 3, effective January 1, 1997. For similar provisions effective after January 1, 1997, see § 46-12.7-3.1 .

46-12.7-4.1. Uniform oil response and prevention fee.

  1. A uniform oil spill response and prevention fee in an amount not exceeding five cents ($.05) for each barrel of petroleum products, as set by the director pursuant to subsection (d) of this section, shall be imposed upon every person owning petroleum products at the time the petroleum products are received at a marine terminal within this state by means of a vessel from a point of origin outside this state. The fee shall be remitted to the division of taxation on the 30th day of each month based upon the number of barrels of petroleum products received during the preceding month.
  2. Every owner of petroleum products shall be liable for the fee until it has been paid to the state, except that payment to a marine terminal operator registered under this chapter is sufficient to relieve the owner from further liability for the fee; provided, however, that the fee for asphalt products and asphalt derivatives shall be one cent ($.01) per barrel of asphalt products or derivatives.
  3. Whenever the director, in consultation with the department and the division of taxation, estimates that the amount in the fund will reach the amount specified in subsection (e) of this section, and the money in the fund is not required for the purposes specified in § 46-12.7-5.1 , the director shall instruct the division of taxation to cease collecting the fee.
  4. The director shall set the amount of the oil spill prevention and response fees. The administrator, except for the fee set out in subsection (b), shall not set the amount of the fee at less than five cents ($0.05) for each barrel of petroleum products or crude oil, unless the director finds that the assessment of a lesser fee will cause the fund to reach the designated amount within six (6) months.
  5. For the purposes of this chapter,   “designated amount” means an amount equal to ten million dollars ($10,000,000), adjusted for inflation after January 1, 1998, according to an index which the director may reasonably choose.
  6. All fees collected pursuant to this section shall be deposited in the oil spill prevention, administration, and response fund, and shall be disbursed according to the purposes expressed in § 46-12.7-5.1 .
  7. Notwithstanding the provisions of subsection (f) of this section, each July 1st, two hundred and fifty thousand dollars ($250,000) of the fees collected under this section shall be deposited into the coastal and estuarine habitat restoration trust fund (the “trust”).

History of Section. P.L. 1996, ch. 289, § 4; P.L. 2000, ch. 348, § 1; P.L. 2002, ch. 62, § 2; P.L. 2004, ch. 595, art. 44, § 2; P.L. 2007, ch. 340, § 43.

46-12.7-5. Repealed.

Repealed Sections.

This section (P.L. 1990, ch. 324, § 4; P.L. 1995, ch. 370, art. 40, § 157) concerning purposes of state appropriations for abatement of oil releases, was repealed by P.L. 1996, ch. 289, § 3, effective January 1, 1997. For similar provisions, see § 46-12.7-5.1 .

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 § 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, development, and monitoring activities as outlined in § 46-12.7-13 ; and
  11. Pay for the expenditures related to the Rhode Island coastal and estuarine habitat restoration trust fund pursuant to chapter 23.1 of this title, subject to appropriation.

History of Section. P.L. 1996, ch. 289, § 4; P.L. 2002, ch. 62, § 2; P.L. 2002, ch. 65, art. 12, § 1; P.L. 2004, ch. 595, art. 4, § 1; P.L. 2006, ch. 555, § 1.

NOTES TO DECISIONS

Applicability.

Since the intended purpose of the oil spill prevention fund statute is the prevention of oil spills and of the discharge of petroleum by-products into the environment, a determination by the administrative agency charged with the enforcement of the statute that a tire fire at a particular site would produce thousands of gallons of oil and petroleum by-products that eventually would be discharged into the Narragansett Bay, and that the fund should be used to remove the tires from the site, was a reasonable interpretation of the statute. Whitehouse v. Davis, 774 A.2d 816, 2001 R.I. LEXIS 153 (R.I. 2001).

46-12.7-6. Repealed.

Repealed Sections.

This section (P.L. 1990, ch. 324, § 4), concerning records of the fund, was repealed by P.L. 1996, h. 289, § 3, effective January 1, 1997. For similar provisions effective after January 1, 1997, see § 46-12.7-6.1 .

46-12.7-6.1. Administration and records of the fund.

  1. The director shall administer the fund in accordance with this chapter.
  2. The department shall develop procedures governing the expenditure of, and accounting for, money expended from the fund.
  3. The director is responsible for insuring that there are adequate moneys available in the fund to carry out the purposes of this chapter.
  4. The department shall maintain accounting records showing the income and expenses of the fund.

History of Section. P.L. 1996, ch. 289, § 4.

46-12.7-7. Report to the legislature.

  1. The director shall submit a report to the legislature not later than the tenth (10th) day following the convening of each regular session of the legislature. The report may include information considered significant by the director but must include:
    1. The amount of money expended under § 46-12.7-5 during the preceding fiscal year;
    2. The amount and source of money received and money recovered during the preceding fiscal year;
    3. A summary of municipal participation in responses funded by the fund;
    4. A detailed summary of department activities in responses funded by the fund during the preceding fiscal year, including response and descriptions and statements outlining the nature of the threat; and
    5. The projected cost for the next fiscal year of monitoring, operating, and maintaining sites where response has been completed or is expected to be continued during the fiscal year.
  2. As part of the department’s on going identification efforts associated with oil spill sites, the director shall include in the report under this section:
    1. A summary of the sites identified by the department;
    2. The immediate and long term threats to the public health or welfare or to the environment posed by these sites; and
    3. The appropriate actions needed to abate these threats, and their estimated cost.

History of Section. P.L. 1990, ch. 324, § 4.

46-12.7-8. Repealed.

Repealed Sections.

This section (P.L. 1990, ch. 324, § 4), concerning reimbursement for containment and cleanup, was repealed by P.L. 1996, ch. 289, § 3, effective January 1, 1997.

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, development, and monitoring activities if the following determinations have been made:
    1. 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.
    2. 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:
    1. Administrative expenses, personnel expenses and equipment costs of the department related to the enforcement of this chapter;
    2. 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;
    3. Payment of all damage claims awarded in accordance with this section;
    4. Payment of costs of arbitration and arbitrators in accordance with this section;
    5. Payment of costs of insurance by the state to extend or implement the benefits of the fund; and
    6. Payment of costs for the collection of overdue reimbursements.

History of Section. P.L. 1996, ch. 289, § 4; P.L. 2002, ch. 62, § 2; P.L. 2006, ch. 555, § 1; P.L. 2007, ch. 340, § 43.

46-12.7-9. Regulations.

The director may adopt all rules and regulations necessary for the administration and enforcement of this chapter.

History of Section. P.L. 1990, ch. 324, § 4.

46-12.7-10. Claims against the fund.

  1. Any person may apply to the fund for compensation for damages and losses suffered as a result of an oil spill under any of the following conditions:
    1. The responsible party or parties cannot be ascertained.
    2. A responsible party is not liable for non-economic damages caused by another.
    3. 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. No claim of a person against the fund may be approved or paid during the pendency of an action by the person in court to recover costs, which are the subject of the claim.
  3. Awards from the fund on damage claims may not include any amount the claimant has recovered, on account of the same damage, by way of settlement with the responsible party or the responsible party’s representatives or federal oil spill funds or judgment of a court of competent jurisdiction against the responsible party to the extent these amounts are duplicative.
  4. The director shall pay only those claims which are approved pursuant to this section.
  5. A responsible party is not eligible for compensation under this subsection for costs, expenses, or damages related to the specific discharge for which the responsible party is determined responsible.
  6. Damage claims may not include expenditures for the preparation and prosecution of the damage claim, such as legal fees or real estate appraisal fees.
  7. No claims may be submitted for the recovery of damages under this chapter unless the claim is presented within three (3) years after the date on which the injury and its connection with the oil spill in question were reasonably discoverable with the exercise of due care.

History of Section. P.L. 1996, ch. 289, § 4; P.L. 2002, ch. 62, § 2.

46-12.7-11. Emergency loans.

In the event of an oil spill where more than ten thousand (10,000) gallons of oil have been discharged in the waters of the state, in any one day from a single event, the director, after a properly noticed public hearing, may make an emergency secured loan to any private individual or entity who demonstrated that the individual or entity may suffer substantial financial hardship as a result of the oil spill without such loans. However, loans under this section may be made only if the director determines that sufficient amounts are available in the fund to cover costs incurred by state and local governments and entities in responding to and cleaning up the spill. The director shall adopt any regulations and guidelines determined to be necessary regarding repayment terms, interest, security, and any other items the administrator deems appropriate.

History of Section. P.L. 1996, ch. 289, § 4; P.L. 2002, ch. 62, § 2.

46-12.7-12. Recovery of expenditures from fund.

The attorney general, in consultation with the director, shall undertake actions to recover all costs to the funds from any responsible party for an oil spill into marine or estuarine waters for which expenditures are made from the fund. Payment of any claim or obligation from the fund shall be subject to the government of Rhode Island acquiring by subrogation all rights of the claimant to recover from the responsible party or the federal Oil Pollution Liability Trust Fund. The recovery of costs pursuant to this section shall not foreclose the attorney general from any other actions allowed by law.

History of Section. P.L. 1996, ch. 289, § 4; P.L. 2002, ch. 62, § 2.

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 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 two hundred fifty thousand dollars ($250,000) per annum allocated for research, development, and monitoring shall be allocated to the Department of Environmental Management and expended consistent with the purposes of § 46-23.2-3 entitled “The Comprehensive Watershed and Marine Monitoring Act of 2004.”
  3. The remaining moneys in the fund which the legislature may allocate to research, development, and monitoring shall be used for purposes approved by the director. Such purpose may include, but shall not be limited to:
    1. Sensitive area data management and mapping;
    2. Scientific research and monitoring which is directly relevant to state legislation; and
    3. Development of more effective removal and containment technologies, appropriate for the cleanup and containment of refined fuel oils.

History of Section. P.L. 1996, ch. 289, § 4; P.L. 2006, ch. 555, § 1; P.L. 2015, ch. 141, art. 16, § 3.

46-12.7-14. Board of arbitration.

  1. The director shall establish a disputed claims processing capability within the department to hear and determine claims filed under this chapter that are not agreed upon by the claimant and the director and any responsible party who has joined as an interested party.
  2. An independent hearing examiner appointed by the commissioner shall hear and determine any disputed damage claims. The hearing examiner shall be an individual with appropriate qualifications. The parties to the hearing are the director and the claimant.
  3. To the extent practical, all claims arising from or related to a common oil spill must be heard and determined by the same hearing examiner.
  4. Hearings before the hearing examiner are informal and the rules of evidence applicable to judicial proceedings are not binding. The hearing examiner may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of books, recourse, and other evidence relative or pertinent to the issues presented to the hearing examiner for determination.
  5. Determinations made by the hearing examiner are final and those determinations may be subject to review by a justice of the superior court, but only as to matters related to abuse of discretion by the hearing examiner. The party seeking review of a hearing examiner’s determination must file an appeal in the superior court within thirty (30) days of the determination. Determinations made by the hearing examiner must be accorded a presumption of regularity and validity in a subsequent reimbursement action, but this presumption may be rebutted by responsible parties.
  6. The director shall certify the amount of the damage award, if any, after determination by the hearing examiner and shall certify the name of the claimant to the treasurer of the state.

History of Section. P.L. 1996, ch. 289, § 4.

Chapter 12.8 Water Projects Revolving Loan Fund

46-12.8-1. Legislative findings.

  1. It is hereby found that there exists and will in the future exist within the state of Rhode Island the need to construct and reconstruct facilities related to and acquire watershed protection land in connection with the provision of safe drinking water throughout the state of Rhode Island.
  2. It is hereby further found that to provide financial assistance for the acquisition, design, planning, construction, enlargement, repair, protection or improvement of public drinking water supplies or treatment facilities, including any of those actions required under the federal Safe Drinking Water Act of 1974, 42 U.S.C., §§ 300f — 300j-9, including the Safe Drinking Water Act (SDWA) amendments of 1996 (Pub. L. No. 104-182) and any amendments thereto, it is necessary to establish a revolving loan fund program to provide a perpetual source of low cost financing for safe drinking water projects.
  3. It is hereby further found that to secure maximum benefit to the state from a safe drinking water revolving loan fund, it is necessary to place such fund within the jurisdiction and control of the Rhode Island infrastructure bank, which agency presently runs the state’s revolving fund with respect to the state’s wastewater pollution abatement program, which agency shall exclusively administer the financing portion of the safe drinking water revolving loan fund, but which shall nevertheless work, as necessary, with the department of environmental management, the water resources board, the Rhode Island department of health, the division of public utilities and carriers and any other agency or instrumentality of the state or federal government with responsibility for the development or supervision of water supply facilities within the state.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 1998, ch. 328, § 1; P.L. 2007, ch. 340, § 44; P.L. 2015, ch. 141, art. 14, § 19.

46-12.8-2. Definitions.

  1. “Agency” means the Rhode Island infrastructure bank.
  2. “Approved project” means any project or portion thereof of a governmental unit or privately organized water supplier that has been issued a certificate of approval by the department for assistance through the agency; and, notwithstanding the foregoing, shall include safe drinking water projects funded outside of the drinking water state revolving fund without the requirement of the issuance of a certificate of approval.
  3. “Department” means the department of health.
  4. “Local governmental obligations” means bonds, notes or other evidences of indebtedness in fully marketable form issued by a governmental unit to evidence a loan from the agency in accordance with this chapter or otherwise as provided herein.
  5. “Local governmental unit” means any town, city, district, commission, agency, authority, board of other political subdivision or instrumentality of the state or of any political subdivision thereof responsible for the ownership or operation of water supply facilities within the state.
  6. “Obligations of private water companies” means bonds, notes or other evidences of indebtedness, of private water companies, in fully marketable form.
  7. “Privately organized water supplier” means any water company not owned or operated by a local governmental unit, existing under the laws of the state, and in the business of operating a safe drinking water facility.
  8. “Water supply facility or facilities” means water reservoirs, wells and well sites, transmission or distribution system, any and all real estate or interests in real estate held in connection therewith, all equipment and improvements held in connection therewith, and any property or interests therein, real, personal or mixed, used or held on to be used in connection therewith.
  9. “Financial assistance” means any form of financial assistance other than grants provided by the agency to a local governmental unit or private water company in accordance with this chapter for all or any part of the cost of an approved project, including, without limitation, temporary and permanent loans, with or without interest, grants, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance; provided, however, notwithstanding the foregoing, for purposes of capitalization grant awards made available to the agency pursuant to the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5), or as otherwise required in connection with other capitalization grant awards made available to the agency, financial assistance shall also include principal forgiveness and negative interest loans.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2009, ch. 5, art. 3, § 2; P.L. 2010, ch. 179, § 2; P.L. 2015, ch. 141, art. 14, § 19.

46-12.8-3. Additional powers of agency in connection with administration of safe drinking water revolving fund.

The agency shall have all powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, so far as apt, the general powers of the agency as set forth in chapter 12.2 of this title and, without limiting the generality of the foregoing, the powers:

  1. To receive and apply its revenues to the purposes of this chapter without appropriation or allotment by the state or any political subdivision thereof;
  2. To borrow money, issue bonds, notes or other evidences of indebtedness, and apply the proceeds thereof, as provided in this chapter, and to pledge or assign or create security interests in revenues, funds, and other property of the agency and otherwise as provided in this chapter, to pay or secure any such bonds, notes or other evidences of indebtedness; and to invest any funds held in reserves or in the safe drinking water revolving loan fund or any revenues or funds not required for immediate disbursement, in such investments as may be legal investments for funds of the state;
  3. To obtain insurance and to enter into agreements of indemnification necessary or convenient to the exercise of powers under this chapter;
  4. To enter into contracts, arrangements and agreements with other persons, and execute and deliver all instruments necessary or convenient to the exercise of its powers under this chapter; such contracts and agreements may include without limitation, loan agreements with local governmental units and private water companies, operating plans and other agreements contemplated by this chapter, grant agreements, contracts for financial assistance or other forms of assistance from the state or the United States, and trust agreements and other financing agreements and instruments pertaining to any bonds, notes or other evidences of indebtedness issued in accordance with the provisions of this chapter;
  5. To provide financial assistance to local governmental units and private water companies to finance costs of approved projects, and to acquire and hold local governmental obligations and the obligations of private water companies at such prices and in such manner as the agency shall deem advisable, and sell local governmental obligations and the obligations of private water companies acquired or held by it at prices without relation to cost and in such manner as the agency shall deem advisable, and to secure its own bonds, notes or other evidences of indebtedness with such obligations, all as provided in this chapter;
  6. To acquire, own, lease as tenant, or hold real, personal or mixed property or any interest therein for its own office; and to improve, rehabilitate, sell, assign, exchange, lease as landlord, mortgage or otherwise dispose of or encumber the property; and
  7. To do all things necessary or convenient or desirable for carrying out the purpose of this chapter or the powers expressly granted or necessarily implied by this chapter.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-4. Establishment of safe drinking water revolving loan fund, sources of funds, permitted uses.

  1. The agency shall be the instrumentality of the state for administration of the safe drinking water revolving loan fund, and such other funds it holds or for which it is responsible, and, in conjunction with the department, is empowered to and shall take all action necessary or appropriate to secure to the state the benefits of any other federal or state legislation pertaining to the funds and to the financing of approved projects. Without limiting the generality of the foregoing and other powers of the agency provided in this chapter, the agency is empowered to and shall:
    1. Cooperate with any appropriate federal agencies in all matters related to administration of the safe drinking water revolving loan fund and, pursuant to the provisions of this chapter, administer the fund and receive and disburse such funds from any such agencies and from the state as may be available for the purpose of the safe drinking water revolving loan fund.
    2. In cooperation with the department, prepare and submit to any appropriate federal agencies, the department and the governor, annual and other reports and audits required by law.
    3. Subject to the provisions of this chapter, make, and enter into binding commitments to provide financial assistance to local governmental units and private water companies from amounts on deposit in the safe drinking water revolving loan fund and from other funds of the agency.
    4. Establish and maintain fiscal controls and accounting procedures conforming to generally accepted government accounting standards sufficient to ensure proper accounting for receipts and disbursements from the safe drinking water revolving loan fund and other funds it holds or for which it is responsible and, with the approval of the department, adopt such rules, regulations, procedures, and guidelines which it deems necessary to assure that local governmental units and private water companies administer and maintain approved project accounts and other funds and accounts relating to financial assistance in accordance with generally accepted government accounting standards.
  2. The agency shall establish and set up on its books a special fund, designated the safe drinking water revolving loan fund, to be held in trust and to be administered by the agency solely as provided in this chapter and in any trust agreement securing bonds of the agency issued under the chapter. The agency shall credit to the safe drinking water revolving loan fund or one or more accounts therein:
    1. All amounts appropriated or designated to the agency by the state or federal government for purposes of the fund;
    2. All loan repayments and other payments received by the agency on any loans, local governmental obligations and the obligations of private water companies;
    3. All investment earnings on amounts credited to the fund;
    4. All sums collected as water quality protection charges as provided in chapter 15.3 of this title;
    5. All sums paid to the water development fund established pursuant to chapter 15.1 of this title;
    6. All proceeds of bonds of the agency issued under this chapter to the extent required by any trust agreement for such bonds;
    7. All other monies which are specifically designated for this fund, including, amounts from gifts, bequests, administrative, civil and criminal penalties, or other funds from any public or private sources; and
    8. Any other amounts required by the provisions of this chapter, or any other law or by any trust agreement pertaining to bonds to be credited to the fund or which the agency in its discretion shall determine to credit thereto.
  3. Except to the extent limited by law, and subject to the provisions of this chapter, and to any agreements with the holders of any bonds of the agency or any trustee therefor, amounts held by the agency for the account of the safe drinking water revolving loan fund shall be applied by the agency, either by direct expenditure, disbursement, or transfer to one or more other funds and accounts held by the agency or maintained under any trust agreement pertaining to bonds, either alone or with other funds of the agency, to the following purposes:
    1. To provide financial assistance to local governmental units and to private water companies to finance costs of approved projects, and to refinance the costs of such projects, subject to terms and conditions, if any, as are determined by the department;
    2. To purchase or refinance debt obligations of the local governmental units and private water companies, or to provide guarantees, insurance or similar forms of financial assistance for such obligations;
    3. To fund reserves for bonds of the agency and to purchase insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit and costs of reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to otherwise provide security for, and a source of payment for, by pledge, lien, assignment, or otherwise bonds of the agency issued in accordance with this chapter; and
      1. To pay expenses of the agency and the department in administering the fund and the financial assistance programs of the agency authorized by this chapter. As part of the annual appropriations bill, the department shall set forth the gross amount of expenses received from the agency and a complete, specific breakdown of the sums retained and/or expended for administrative expenses.
      2. By way of illustration, not by limitation, in the personnel area, the breakdown of administrative expenses should contain the number of personnel paid, the position numbers of the personnel, and whether or not the position is a new position or a position which had been funded previously by federal funds or a position which had been previously created but unfunded.
  4. Subject to any express limitation of this chapter pertaining to expenditure or disbursement of funds or accounts held by the agency, funds or accounts held by the agency may be transferred to any other fund or account held by the agency for the purposes of this chapter and expended or disbursed for purposes permitted by such fund or account.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-5. Procedure for application, approval, and award of financial assistance.

  1. Any local governmental unit or privately organized water supplier may apply to the agency for financial assistance in accordance with this chapter to finance all or any part of the cost of an approved project. The agency shall not award financial assistance to such local government unit or privately organized water supplier hereunder until and unless the department shall have issued a certificate of approval of the project or portion thereof for which such financial assistance has been sought. Notwithstanding the foregoing, for safe drinking water projects funded outside of the drinking water state revolving fund, the Agency may provide financial assistance without the requirement of the issuance of a certificate of approval.
  2. If the department shall determine, in accordance with rules and regulations promulgated pursuant to this chapter, that an application for financial assistance or portion thereof shall be approved, it shall deliver to the agency a certificate of approval of the project or a portion thereof which shall specify the project or portion thereof eligible for financial assistance and such other terms, conditions and limitations with respect to the construction and operation of the project as the department shall determine. The agency shall specify, among other things, the type and amount of financial assistance to be provided from the safe drinking water revolving loan fund, the amount, if any, of subsidy assistance to be granted, the amount, if any, of other financial assistance permitted by this chapter to be provided, and such other terms, conditions, and limitations on the financial assistance, the expenditure of loan proceeds, and the construction and operation of the project as the agency shall determine or approve.
  3. In addition to the authority provided by law, the department shall be responsible for, and shall have all requisite power to, review and approve reports and plans for safe drinking water projects and approved projects, or any part thereof, for which financial assistance has been applied or granted in accordance with this chapter from the safe drinking water revolving fund, to enter into contracts with local governmental units and private water companies relative to approved projects, including, without limiting the generality of the foregoing, the costs of approved projects eligible for financial assistance, grants, and other terms, conditions and limitations with respect to the construction and operation of the project, and to inspect the construction and operation of approved projects in compliance with approved plans. Without limiting the generality of the foregoing, in connection with the exercise of its powers and performance of its duties under this chapter, the department shall have all the powers provided by law to the department and its director. The department shall adopt rules, regulations, procedures, and guidelines to carry out the purposes of this chapter and for the proper administration of its powers and duties under this chapter. The rules, regulations, procedures, and guidelines shall include among other things, criteria for determining those safe drinking water projects, to be approved for financial assistance from the safe drinking water revolving fund and specification of eligible costs of the projects. In order to provide for the expenses of the department under this chapter, the agency shall transfer to the department for application to the expenses an amount from the safe drinking water revolving loan fund equal to an amount as the agency and the department shall reasonably determine. The agency and the department shall enter into an operating agreement and amend the same, from time to time, allocating their respective rights, duties, and obligations with respect to the award of financial assistance and grants to finance approved projects under this chapter and establishing procedures for the application, approval, and oversight of projects, financial assistance, and grants.
  4. Upon issuance of a certificate of approval, the agency shall award as soon as practicable the financial assistance from the safe drinking water revolving fund to the local governmental unit or privately organized water supplies for any approved project specified in the certificate; provided, however, the agency may decline to award any financial assistance which the agency determines will have a substantial adverse effect on the interests of holders of bonds, notes or other evidences of indebtedness of the agency or the interests of other participants in the financial assistance program, or for other good and sufficient cause affecting the finances of the agency. All financial assistance shall be made pursuant to a loan agreement between the agency and the local governmental unit or privately organized water supplier, acting by and through the officer or officers, board, committee, or other body authorized by law, or otherwise its chief executive officer, according to the terms and conditions of the certificate of approval and such other terms and conditions as may be established by the agency, and each loan shall be evidenced and secured by the issue to the agency of the local governmental obligations or obligations of the privately organized water supplier, in fully marketable form in principal amount, bearing interest at the rate or rates specified in the applicable loan agreement, and shall otherwise bear such terms and conditions as authorized by this chapter and the loan agreement.
  5. The agency shall adopt rules, regulations, procedures, and guidelines for the proper administration of its financial assistance programs and the provision of financial assistance under this chapter. The rules, regulations, procedures, and guidelines shall be consistent with any rules, regulations, procedures, and guidelines adopted by the department, and may include, without limitation, forms of financial assistance applications, loan agreements, and other instruments, and provisions for submission to the agency and the department by a local governmental unit or a privately organized water supplier of the information regarding the proposed safe drinking water project, the distribution system of which it is a part, and the local governmental unit or privately organized water supplies as the agency or the department shall deem necessary to determine the eligibility of a project, for financial assistance under this chapter, the financial feasibility of a project, and the sufficiency of general revenues or system revenues to secure and pay the loan and the local governmental obligations or obligations of the privately organized water supplier issued to evidence the same.
  6. In addition to other remedies of the agency under any loan agreement or otherwise provided by law, the agency may also recover from a local governmental unit or privately organized water supplier, in an action in superior court, any amount due the agency together with any other actual damages the agency shall have sustained from the failure or refusal of the local governmental unit or privately organized water supplier to make the payments.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2015, ch. 141, art. 14, § 19.

46-12.8-6. Authorization to expend funds available for local grants.

In addition to the financial assistance provided by the agency to local governmental units and private water companies for approved projects in accordance with this chapter, the department is hereby authorized to expend funds otherwise available for grants to local governmental units and private water companies to the extent permitted by federal and state law. The department is authorized and directed to expend funds from its portion of federal capitalization grants to conduct baseline testing of the drinking-water-supply systems of each local governmental unit responsible for the ownership or operation of water supply facilities within the state, or privately organized water suppliers, that provide drinking water to more than one municipality, for compliance with all state and federal laws, rules, and regulations pertaining to lead and copper levels in drinking water supplies. The department is further authorized and directed to expend funds from its portion of federal capitalization grants to conduct testing of water supplies at all public schools serving students from pre-K to grade 12 and state-licensed daycare facilities in the state of Rhode Island for compliance with all state and federal laws, rules, and regulations pertaining to lead and copper levels in drinking water supplies. The department shall report its findings to the speaker of the house and senate president by April 30, 2017, which report shall include a plan for ensuring compliance with all state and federal laws, rules, and regulations pertaining to lead and copper levels in drinking water supplies.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2016, ch. 439, § 1; P.L. 2016, ch. 440, § 1.

Compiler’s Notes.

P.L. 2016, ch. 439, § 1, and P.L. 2016, ch. 440, § 1 enacted identical amendments to this section.

46-12.8-7. Power of local governmental units.

Notwithstanding any provision of general law, special law or municipal charter to the contrary:

  1. In addition to authority granted otherwise by this chapter and in any bond act or other law, a local governmental unit, acting by and through the officer or officers, board, committee, or other body authorized by law, if any, or otherwise the chief executive officer, shall have the power to:
    1. Issue local governmental obligations as provided herein
      1. If and to the amount authorized by a bond act or
      2. Without limitation as to the amount, if issued as limited obligations, pursuant to § 46-12.8-9 ;
    2. Plan, design, acquire, construct, operate, maintain, and otherwise undertake any safe drinking water project subject to the rules, regulations, procedures, and guidelines of the department in effect from time to time and the requirements of any other applicable law;
    3. Apply for, accept, and expend, financial assistance and grants for the purpose of financing costs of safe drinking water projects subject to the rules, regulations, procedures, and guidelines of the agency and the department in effect from time to time, the provisions of the applicable loan agreement, and the requirements of other applicable law;
    4. Authorize, execute, deliver, and comply with loan agreements, trust agreements, grant agreements, and other agreements, and instruments with the agency, the department, and other persons relating to financial assistance and grants hereunder, and the issue of local governmental obligations to evidence loans, and perform the same;
    5. Receive, apply, pledge, assign, and grant security interests in its general revenues and drinking water system revenues to secure its obligations under local governmental obligations and other financial assistance; and
    6. Fix, revise, charge, and collect such fees, rates, rents, assessments, and other charges of general or special application for the costs and/or use of any approved project, the drinking water system of which it is a part, and any other revenue producing facilities from which the local governmental unit may derive drinking water system revenues, or for the services provided thereby, as it shall deem necessary to meet its obligations under any loan agreement or local governmental obligations outstanding or otherwise to provide for the costs and/or operation of the project and the system.
  2. In order to provide for the collection and enforcement of fees, rates, rents, assessments, and other charges for the operation of any approved project, the drinking water system of which it is a part, and any other revenue producing facilities from which the local governmental units may derive drinking water system revenues, in addition to any other authority provided by law or any bond act applicable to a particular local governmental unit, local governmental units are hereby granted all the powers and privileges granted to them by the general laws of the state with respect to any similar fee, rate, rent, assessment, or other charge. All unpaid fees, rates, rents, assessments, and other charges shall be a lien upon the real estate served for which the unpaid fees, rates, rents, assessments, or other charges have been made. A lien shall arise and attach as of the due date of each unpaid fee, rate, rent, assessment, or other charge. The lien shall be superior to any other lien other than a tax lien, encumbrance, or interest in the real estate, whether by way of mortgage, attachment, or otherwise, except easements and restrictions. In the case of a life estate, the interest of the tenant for life shall first be liable for the unpaid fees, rates, rents, assessments, or other charges. The local governmental unit may enforce the lien by advertising and selling any real estate liable for unpaid fees, rents, assessments, and other charges in the manner provided for the enforcement of liens for unpaid taxes by chapter 9 of title 44.
  3. Any city or town and any other local governmental unit acting by and through the officer or officers, board, committee, other body authorized by law, or otherwise the chief executive officer, may enter into agreements with the agency and the department regarding the operation of a pricing system adopted under any applicable law for the services provided by any approved project, the drinking water system of which it is a part, and any other revenue producing facilities from which the local governmental unit may derive drinking water system revenues. The agreements may include, without limitation, provisions defining the costs of services, the approved project, and the drinking water system and other facilities, and covenants or agreements, regarding the fixing and collection of fees, rates, rents, assessments and other charges for the costs and the maintenance of the pricing system at levels sufficient to pay or provide for all the costs and any payments due the agency under any loan agreement or local governmental obligations.
  4. Any city or town and any other local governmental unit acting by and through the officer or officers, board, committee, or other body authorized by law, or otherwise the chief executive officer, may enter into agreements with the agency and the department regarding the operation of an enterprise fund established for any approved project, the drinking water system of which it is a part, and any other revenue producing facilities from which the local governmental unit may derive drinking water system revenues, and other amounts credited thereto, the establishments of reserves and other accounts and funds, and the application of any surplus funds.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-8. Authority of local governmental units to issue obligations — Terms.

  1. In addition to the powers of any local governmental unit provided in any bond act, whenever a local governmental unit has applied for and accepted a loan from the agency and entered into a loan agreement therefor, any local governmental obligations issued by the local governmental unit to evidence the loan may be issued in accordance with, and subject to the limitations of this chapter, notwithstanding the provisions of the bond act authorizing the obligation or any other general or special law or provision of municipal charter to the contrary. The provisions of this chapter shall apply to the issuance of local governmental obligations issued under the authority of any bond act, whether heretofore or hereafter enacted. Notwithstanding the foregoing, no local governmental obligation shall be issued unless authorized by a vote of the body or bodies required by the charter, ordinances, or laws governing the local governmental unit, or the applicable bond act for the authorization of indebtedness of the local governmental unit.
  2. Local governmental obligations issued by any local governmental unit shall be dated, may bear interest at such rate or rates, including rates variable, from time to time, subject to such minimum or maximum rate, if any, as may be determined by such index or other method of determination provided in the applicable loan agreement, shall mature in such amount or amounts and at such time or times, not later than the maximum dates, if any, provided herein, and may be made redeemable in whole or in part before maturity at the option of the local governmental unit or at the option of the agency, at such price or prices and under such terms and conditions as may be fixed in the loan agreement prior to the issue of the local governmental obligations. Local governmental obligations may be issued as serial bonds or term bonds or any combination thereof with such provision, if any, for sinking funds for the payment of bonds as the local governmental unit and the agency may agree. The local governmental obligations may be sold at private sale and may be in such form, payable to the bearer thereof or the registered owner, whether certificated or uncertificated, be in such denominations, payable at such place or places, within or without the state, and otherwise bear such terms and conditions not inconsistent with this chapter, as provided in the applicable loan agreement or as the agency and the local governmental unit shall otherwise agree. The local governmental obligations may be issued in principal amount equal to the loan evidenced thereby or at such discount as the agency and the local governmental unit shall agree.
  3. Local governmental obligations shall be payable within a period not exceeding the greater of the period, if any, specified in the applicable bond act or the useful life of the approved project financed by such obligations as determined by the department, or if incurred to finance more than one project, the average useful life of the projects. Except as otherwise provided in this chapter, the local governmental obligations shall be payable by such equal, increasing, or decreasing installments of principal, annual or otherwise, as will extinguish the obligations at maturity, the first installment to be payable no later than one year after the date of issuance of the obligations or one year after the date of completion of the approved project financed by the obligations, as determined by the department, whichever date is later, and the remaining installments of principal, if any, to be in such amounts and payable on such dates as the agency and the local governmental unit shall agree.
  4. If a local governmental unit has authorized borrowing in accordance with this chapter and the issuance of local governmental obligations to evidence the borrowing under any bond act, the local governmental unit may, subject to the applicable loan agreement and with the approval of the agency, issue notes to the agency in anticipation of the loan. The issuance of the notes shall be governed by the provisions of this chapter relating to the issue of bonds other than notes, to the extent applicable, provided the maturity date of the notes shall not exceed five (5) years from the date of issue of the notes, or the expected date of completion of the approved project financed thereby as determined by the department, if later. Notes issued for less than the maximum maturity date may be renewed by the issue of other notes maturing no later than the maximum maturity date.
  5. A local governmental unit may issue local governmental obligations to refund or pay at maturity or earlier redemption any local governmental obligations outstanding under any loan agreement, or to refund or pay any other debt of the local governmental unit issued to finance the approved project to which the loan agreement pertains. The refunding local governmental obligations may be issued in sufficient amounts to pay or provide for the principal of the obligations refunded, any redemption premium thereon, any interest accrued and to accrue to the date of payment of the obligations, the costs of issuance of the refunding obligations and any reserves required by the applicable loan agreement. The issue of refunding local governmental obligations, the amount and dates of maturity or maturities of local governmental obligations, the amount and dates of maturity or maturities and other details thereof, the security therefor, and the rights, duties, and obligations of the local governmental unit in respect to the same shall be governed by the provisions of this chapter relating to the issue of local governmental obligations other than refunding obligations as this chapter may be applicable.
  6. Except as otherwise provided in § 46-12.8-9 , the applicable bond act, or by agreement between the agency and a local governmental unit, all local governmental obligations issued in accordance with this section shall be general obligations of the local governmental unit issuing the obligations for which its full faith and credit are pledged and for the payment of which all taxable property in the local governmental unit shall be subject to ad valorem taxation without limit as to rate or amount except as otherwise provided by law.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-9. Power of local governmental units to issue limited obligations payable from drinking water system revenues.

  1. If required by the applicable loan agreement, and notwithstanding any general or special law, municipal charter, ordinance or local law to the contrary, local governmental obligations may be authorized and issued as limited obligations payable solely from drinking water system revenues pledged to their payment in accordance with § 46-12.8-10 . Notwithstanding § 45-12-2 or any general or special law, municipal charter, ordinance or local law to the contrary, all local governmental units shall have the power to authorize and issue local governmental obligations payable solely from drinking water system revenues pursuant to this section without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the state. Limited obligations shall be authorized by the affirmative vote of the legislative body of the local governmental unit, notwithstanding the provisions of any general or special law, municipal charter, ordinance or local law requiring further approval of general obligations of the local governmental unit and this chapter shall constitute the bond act for the authorization and issuance of the local governmental obligations payable solely from drinking water system revenues by local governmental units. Any local governmental obligations issued in accordance with this section that are payable solely from drinking water system revenues shall recite on their face that they are limited obligations payable solely from drinking water system revenues pledged to their payment and that they are not secured by a pledge of the full faith and credit of the local governmental unit.
  2. The authorization, issuance and sale of local governmental obligations in accordance with this section, the maturity or maturities and other terms of the obligations, the security for the obligations, the rights of the holders of the obligations, and the rights, duties, and obligations of the local governmental unit in respect of the same, and the form details and manner of sale of the obligations shall be governed by the provisions of this chapter relating to local governmental obligations generally to the extent applicable and not inconsistent with this section.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2001, ch. 359, § 1.

46-12.8-10. Trust agreements pertaining to local governmental obligations.

  1. Notwithstanding any general or special law to the contrary, local governmental obligations issued in accordance with this chapter may be secured by one or more trust agreements, including, or in addition to the applicable loan agreement, between the local governmental unit and a corporate trustee, which may be a trust company or bank having the powers of a trust company within or without the state, or directly between the agency and the local governmental unit. Any trust agreement shall be in such form and shall be executed as provided in the applicable loan agreement or as otherwise agreed to between the agency and the local governmental unit.
  2. Any trust agreement directly or indirectly securing local governmental obligations may, in addition to other security provided by law, pledge or assign, and create security interests in, all or any part of the general revenues of the local governmental unit. Any trust agreement may contain such provisions for protecting and enforcing the rights, security, and remedies of the agency, or other holders of the local governmental obligations, as may be determined by the agency including, without limitation, provisions defining defaults and providing for remedies in the event thereof, which may include the acceleration of maturities, and covenants setting forth the duties of, and limitations on, the local governmental unit in relation to the custody, safeguarding, investment, and application of moneys, including general revenues and drinking water system revenues, the issue of additional and refunding local governmental obligations and other bonds, notes, or other obligations on a parity or superior thereto, the establishment of reserves, the establishment of sinking funds for the payment of local governmental obligations, and the use of surplus proceeds of local governmental obligations. A trust agreement securing local governmental obligations issued in accordance with § 46-12.8-9 may also include covenants and provisions not in violation of law regarding the acquisition, construction, operation, and carrying out of the approved project financed by the obligations, the drinking water system of which it is a part, and any other revenue producing facilities from which the local governmental unit may derive drinking water system revenues, the fixing and collection of drinking water system revenues, and the making and amending of contracts relating thereto.
  3. In addition to other security provided herein or otherwise by law, any local governmental obligations issued under authority of this chapter may be secured, in whole or in part, by insurance or by letters or lines of credit or other credit facilities issued by any insurance company, bank, trust company, or other financial institution, within or without the state, and a local governmental unit may pledge or assign any of its general revenues or drinking water system revenues, as appropriate, as security for the reimbursement to the issuers of insurance, letters or lines of credit or other credit facilities of any payments made thereunder.
  4. Any trust agreement may set forth the rights and remedies of the agency or other holders of the local governmental obligations secured thereby and of any trustee or other fiduciary thereunder.
  5. In addition to any other remedies provided under the applicable loan agreement or otherwise by law, the agency and any other holder of local governmental obligations issued under the provisions of this chapter, and any trustee under any trust agreement securing the obligations may bring suit in the superior court upon the local governmental obligations, and may, either at law or in equity, by suit, action, mandamus, or other proceeding for legal or equitable relief, including, in the case of local governmental obligations issued in accordance with § 46-12.8-9 , proceedings for the appointment of a receiver to take possession and control of the approved project financed thereby, the drinking water system of which it is a part, or any other revenue producing facilities from which the local governmental unit may derive drinking water system revenues, to operate and maintain the system or facility in compliance with law, to make any necessary repairs, renewals, and replacements and to fix, revise, and collect drinking water system revenues, protect, and enforce any and all rights under the laws of the state or granted in this chapter or under any trust agreement, and may enforce and compel the performance of all duties required by this chapter, the loan agreement, the applicable bond act, or the trust agreement to be performed by the local governmental unit or any officer thereof.
  6. A pledge of general revenues or drinking water system revenues in accordance with this chapter shall constitute a sufficient appropriation thereof for the purposes of any provision for appropriation for so long as the pledge shall be in effect, and, notwithstanding any general or special law or municipal charter to the contrary, the revenues shall be applied as required by the pledge and the trust agreement evidencing the revenues without further appropriation.
  7. A pledge or assignment of general revenues, other than drinking water system revenues, may be made only to secure general obligations of a local governmental unit.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-11. Bonds of the agency.

  1. The agency may provide by resolution of the board of directors for the issuance, from time to time, of bonds, notes or any other evidences of indebtedness of the agency for any of its corporate purposes or for the borrowing of money in anticipation of the issuance of the bonds. Bonds issued by the agency may be issued as general obligations of the agency or as special obligations payable solely from particular revenues or funds as may be provided for in any trust agreement or other agreement securing bonds. The agency may also provide by resolution of the board of directors for the issuance, from time to time, of temporary notes in anticipation of the revenues to be collected or received by the agency, including, without limitation, in anticipation of any payments to the agency from the state, or in anticipation of the receipt of other grants or aid. The issue of notes shall be governed by the provisions of this chapter relating to the issue of bonds of the agency other than temporary notes as this chapter may be applicable; provided, however, that notes issued in anticipation of revenues shall mature no later than one year from their respective dates, or the date of expected receipt of the revenues, if later, and notes issued in anticipation of grants, or other aid and renewals thereof, shall mature no later than six (6) months after the expected date of receipt of the grant or aid.
  2. The bonds of each issue shall be dated, may bear interest at such rate or rates, including rates variable from time to time as determined by such index, banker’s loan rate, or other method determined by the agency, and shall mature or otherwise be payable at such time or times, as may be determined by the agency, and may be made redeemable before maturity at the option of the agency or the holder thereof at such price or prices and under such terms and conditions as may be fixed by the agency. The agency shall determine the form of bonds, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds, and the place or places of payment of principal, redemption premium, if any, and interest, which may be paid at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds shall cease to be the officer before the delivery thereof, the signature or facsimile shall nevertheless be valid and sufficient for all purposes as if the officer had remained in office until delivery. The agency may provide for authentication of bonds by a trustee, fiscal agent, registrar, or transfer agency. Bonds may be issued in bearer or in registered form, or both, and if notes, may be made payable to the bearer or to order, as the agency may determine. The agency may also establish and maintain a system of registration for any bonds whereby the name of the registered owner, the rights evidenced by the bonds, the transfer of the bonds, and the rights and other similar matters, are recorded in books or other records maintained by or on behalf of the agency, and no instrument evidencing the bonds or rights need be delivered to the registered owner by the agency. A copy of the books or other records of the agency pertaining to any bond registered under a registration system certified by an authorized officer of the agency or by the agent of the agency maintaining the system shall be admissible in any proceeding without further authentication. The board of directors may by resolution delegate to any member or officer of the agency, or any combination thereof, the power to determine any of the matters set forth in this section. In the discretion of the agency, bonds of the agency may be issued with such terms as will cause the interest thereon to be subject to federal income taxation. The agency may sell its bonds in such manner, either at public or private sale, for the price, at the rate or rates of interest, or at discount in lieu of interest, as it may determine will best affect the purposes of this chapter.
  3. The agency may issue interim receipts or temporary bonds, exchangeable for definitive bonds, when the bonds shall have been executed and are available for delivery. The agency may also provide for the replacement of any bonds which shall have become mutilated or shall have been destroyed or lost. The agency, by itself or through such agency as it may select, may purchase and invite offers to tender for purchase any bonds of the agency at any time outstanding; provided, however, that no purchase by the agency shall be made at a price, exclusive of accrued interest, if any, exceeding the principal amount thereof or, if greater, the redemption price of the bonds when next redeemable at the option of the agency, and may resell any bonds so purchased in such manner and for such price as it may determine will best effect the purposes of this chapter.
  4. In the discretion of the board of directors, any bonds issued hereunder may be secured by a trust agreement in such form and executed in such manner as may be determined by the board of directors, between the agency and the purchasers or holders of the bonds, or between the agency and a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement may pledge or assign, in whole or in part, any loan agreements and local governmental obligations, and the revenues, funds, and other assets or property held or to be received by the agency, including without limitation all moneys and investments on deposit from time to time in the safe drinking water revolving loan fund, and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the agency, and the proceeds thereof. The trust agreement may contain such provisions for protecting and enforcing the rights, security, and remedies of the bondholders as may be reasonable and proper including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities, restrictions on the individual right of action by bondholders, and covenants setting forth the duties of and limitations on the agency in relation to the custody, safeguarding, investment, and application of moneys, the enforcement of loan agreements and local governmental obligations, the issue of additional or refunding bonds, the fixing, revision, charging, and collection of charges, the use of any surplus bond proceeds, the establishment of reserves, and the making and amending of contracts.
  5. In the discretion of the board of directors, any bond issued under authority of this chapter may be issued by the agency in the form of lines of credit or other banking arrangements under terms and conditions, not inconsistent with this chapter, and under such agreements with the purchasers or makers thereof or any agent or other representative of such purchasers or makers, as the board of directors may determine to be in the best interest of the agency. In addition to other security provided herein or otherwise by law, bonds issued by the agency under any provision of this chapter may be secured, in whole or in part, by financial guarantees, by insurance, or by letters or lines of credit issued to the agency or a trustee or any other person, by any bank, trust company, insurance or surety company, or other financial institution, within or without the state, and the agency may pledge or assign, in whole or in part, any loan agreements and any local governmental obligations or obligations of any privately organized water supplier, and the revenues, funds, and other assets and property held or to be received by the agency, and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the agency, and the proceeds thereof, as security for the guarantees or insurance or for the reimbursement by the agency to any issuer of the line or letter of credit.
  6. It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of bonds, revenues, or other moneys under a trust agreement of the agency, and to furnish indemnification and to provide security as may be required by the agency. It is hereby declared that any pledge or assignment made by the agency under this chapter is an exercise of the governmental powers of the agency, and loan agreements, local governmental obligations, the obligations of private water companies, revenues, funds, assets, property, and contract or other rights to receive the same and the proceeds thereof, which are subject to the lien of a pledge or assignment created under this chapter, shall not be applied to any purposes not permitted by the pledge or assignment.
  7. Any holder of a bond issued by the agency under the provisions of this chapter and any trustee or other representative under a trust agreement securing the trustee or representative, except to the extent the rights herein given may be restricted by the trust agreement, may bring suit upon the bonds in the superior court and may, either at law or in equity, by suit, action, mandamus, or other proceeding for legal or equitable relief, protect and enforce any and all rights under the laws of the state or granted hereunder or under the trust agreement, and may enforce and compel performance of all duties required by this chapter or by the trust agreement, to be performed by the agency or by any officer thereof.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-12. Refunding bonds.

The agency may issue refunding bonds for the purpose of paying any of its bonds issued pursuant to this chapter at or prior to maturity or upon acceleration or redemption or purchase and retirement. Refunding bonds may be issued at such times at or prior to the maturity, redemption, or purchase and retirement of the refunded bonds as the board of directors deems to be in the interest of the agency. Refunding bonds may be issued in sufficient amounts to pay or provide for payment of the principal of the bonds being refunded, together with any redemption premium thereon, any interest or discount accrued or to accrue to the date of payment of the bonds, the costs of issuance of the refunding bonds, the expenses of paying, redeeming, or purchasing the bonds being refunded, the costs of holding and investing proceeds of refunding bonds pending payment, redemption, or purchase and reserves for debt service or other expenses from the proceeds of refunding bonds as may be required by a trust agreement securing the bonds. Pending application, the proceeds of the refunding bonds may be placed in escrow. The issue and sale of refunding bonds, the maturities, and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligations of the agency in respect of the same shall be governed by the provisions of this chapter relating to the issue of bonds other than refunding bonds insofar as this chapter may be applicable.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-13. Bonds eligible for investment.

Bonds issued by the agency under this chapter and local governmental obligations issued hereunder are hereby made securities in which all public officers and agencies of the state and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly invest funds, including capital in their control or belonging to them. The bonds and local governmental obligations are hereby made securities which may properly be deposited with and received by any state or municipal officer of any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state or any political subdivision is now or may hereafter be authorized by law.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2007, ch. 340, § 44.

46-12.8-14. No additional consent required.

Except as provided in this section, bonds of the agency, local governmental obligations and obligations of private water companies may be issued under this chapter without obtaining the consent of any executive office, department, division, commission, board, bureau, or agency of the state or any political subdivision thereof, and without any other proceedings or the happening of any condition, or acts other than those proceedings, conditions, or acts which are specifically required therefor hereunder or under any applicable bond act, and the validity of and security for any bonds issued by the agency pursuant to this chapter, and any local governmental obligations issued in accordance herewith, shall not be affected by the existence or nonexistence of any consent or other proceedings, conditions, or acts. Nothing in this chapter shall exempt the agency from the provisions of chapter 10.1 of title 42.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-15. Bonds not obligations of the state.

Bonds issued by the agency under the provisions of this chapter shall not be deemed to be a debt or a pledge of the faith and credit of the state or of any of its political subdivisions, but shall be payable solely from the revenues, funds, assets, and other property of the agency from which they are made payable pursuant to this chapter. Bonds issued by the agency under the provisions of this chapter shall recite that neither the state nor any political subdivision thereof shall be obligated to pay the bonds, and that neither the faith and credit nor the taxing power of the state or of any political subdivision thereof is pledged to the payment of the principal of or interest on the bonds. Further, every bond shall recite whether it is a general obligation of the agency, or a special obligation thereof payable solely from particular revenues, funds, assets, or other property pledged to its payment.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-16. Lien status recording.

  1. Notwithstanding any provision of any other law, including the Uniform Commercial Code:
    1. Any pledge or assignment of revenues of any kind, funds, loan agreements, local governmental obligations, obligations of private water companies, property, or assets made pursuant to the provisions of this chapter by the agency, any local governmental unit, or any privately organized water supplier hereunder, shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise, whether or not the parties have notice thereof, and shall be deemed continuously perfected from the time it is made;
    2. No filing of any kind with respect to a pledge or assignment need be made under the Uniform Commercial Code, or otherwise;
    3. Unless otherwise provided in the loan agreement, a pledge of revenues of any kind shall be deemed to include a pledge of any accounts or general intangibles from which the pledged revenues are derived, whether existing at the time of the pledge or thereafter coming into existence, and whether held at the time of the pledge or thereafter acquired by the agency, local governmental unit or privately organized water supplier, and the proceeds of the accounts or general intangibles; and
    4. The pledge of revenues of any kind, accounts, and general intangibles shall be subject to the lien of the pledge without delivery or segregation, and the lien of the pledge shall be valid and binding against all parties having claims of contract or tort or otherwise against the agency or local governmental unit.
  2. A pledge of revenues of any kind under this chapter shall constitute a sufficient appropriation thereof for the purposes of any provision for appropriation, and the revenues may be applied as required by the pledge without further appropriation.
  3. For the purposes of this section the word   “pledge” shall be construed to include the grant of a security interest under the Uniform Commercial Code.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

Cross References.

For Uniform Commercial Code, see title 6A.

46-12.8-17. Bonds and local government obligations as investment securities.

Notwithstanding any of the provisions of this chapter or any recitals in any bonds or local governmental obligations issued hereunder, all bonds and local governmental obligations shall be deemed to be investment securities under the Uniform Commercial Code.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

Cross References.

For Uniform Commercial Code, see title 6A.

46-12.8-18. Proceeds received by agency as trust funds.

All money received by the agency pursuant to the provisions of this chapter, whether as proceeds from the issue of bonds or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-19. Tax exemption.

Bonds issued by the agency and local governmental obligations issued by any local governmental unit in accordance with this chapter, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation by and within the state. The agency shall not be required to pay any taxes, assessments, or excises upon its income, existence, operation, or property.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-20. Duration of agency — Termination.

The agency and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the agency shall have the bonds outstanding in accordance with this chapter, unless adequate provision has been made for the payment or satisfaction thereof. Upon termination of the agency, the title to all funds and other properties owned by it, which remain after provision for payment or satisfaction of all bonds of the agency, shall vest in the state. The obligations, debts, and liabilities of the agency shall be assumed by and imposed upon the state, and shall be transferred to the general treasurer or to such other successor as the general assembly may designate.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-21. Record keeping financial statements.

The agency shall, at all times, keep full and accurate accounts of its receipts, expenditures, disbursements, assets, and liabilities with respect to the agency’s administration of the safe drinking water revolving loan fund which shall be open to inspection by any officer or duly appointed agent of the state. The agency shall submit an annual report, in writing, to the governor, speaker of the house of representatives, and the president of the senate. The report shall include financial statements relating to the operations, properties, and expenditures of the agency with respect to the agency’s administration of the safe drinking water revolving loan fund maintained in accordance with generally accepted accounting principles, so far as applicable, and audited by an independent certified public accounting firm.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1; P.L. 2001, ch. 180, § 149.

46-12.8-22. Supplemental powers — Inconsistent laws.

The provisions of this chapter shall be deemed to provide an additional, alternative, and complete method for accomplishing the purposes of this chapter, and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the agency, the department, local governmental units and private water companies by other laws; provided, however, that insofar as the provisions of this chapter are inconsistent with the provisions of any general or special law, municipal charter, administrative order or regulation, the provisions of this chapter shall be controlling. Any amounts appropriated by this chapter to the agency or the department shall be in addition to any other amounts appropriated to the agency or the department by any other law.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-23. Compliance with federal law.

Notwithstanding anything to the contrary herein, the provisions of this chapter are limited to the extent required by applicable federal law, as in effect from time to time.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

46-12.8-24. Severability — Liberal construction.

The provisions of this chapter are severable, and if any provision hereof shall be held invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances. This chapter shall be construed in all respects so as to meet any constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements. This chapter shall be construed liberally in aid of its purpose and legislative findings.

History of Section. P.L. 1993, ch. 313, § 1; P.L. 1993, ch. 396, § 1.

Chapter 12.9 Rhode Island Underground Storage Tank Financial Responsibility Act

46-12.9-1. Short title.

This chapter shall be known as the “Rhode Island Underground Storage Tank Financial Responsibility Act”.

History of Section. P.L. 1994, ch. 144, § 1.

46-12.9-2. Legislative findings.

The general assembly finds: (1) That a state administered underground storage tank (UST) clean-up fund is needed to provide an effective mechanism for USTs owners to comply with financial responsibility requirements and to insure that the environmental and public health impacts of UST leaks are addressed in an effective and timely manner.

(2) Certain tank owners must be able to demonstrate one million dollars ($1,000,000) of liability coverage to satisfy the United States Environmental Protection Agency (EPA) (40 CFR Part 280.90 et seq., as published in the Federal Register dated October 26, 1988 and by Final Rule dated February 18, 1993). Specifically the EPA requirement is that certain tank owners must demonstrate financial responsibility of up to one million dollars ($1,000,000) per incident and up to two million dollars ($2,000,000) in the aggregate for damages. Failure by the state to create a state-sponsored fund will result in enforcement action by the EPA which can include both financial penalties against tank owners and closure of tanks, if the owner fails to demonstrate financial responsibility.

(3) The Rhode Island economic development corporation recently concluded that failure by the state of Rhode Island to enact a state fund will adversely impact the state’s economy by eighteen million dollars ($18,000,000) annually.

History of Section. P.L. 1994, ch. 144, § 1; P.L. 2001, ch. 328, § 1.

46-12.9-3. Definitions.

When used in this chapter:

  1. “Advisory board” means the Rhode Island underground storage tank financial responsibility advisory board established pursuant to the provisions of § 46-12.9-8 .
  2. “Department” means the Rhode Island department of environmental management.
  3. “Director” means the director of the department of environmental management, or his or her designee.
  4. “Eligible costs” means costs, expenses, and other obligations as incurred by a responsible party for site investigation, site remediation, or other corrective action activities ordered or directed, and approved, by the department or performed by the responsible party and not specifically identified by the department as ineligible.
  5. “Facility” means any parcel of real estate or contiguous parcels of real estate owned and/or operated by the same person(s), which together with all land, structures, facility components, improvements, fixtures, and other appurtenances located therein, form a distinct geographic unit and at which petroleum products or hazardous materials are or have been stored in underground storage tanks.
  6. “Fund” means the Rhode Island underground storage tank financial responsibility fund established herein.
  7. “Operator” means any person in control of, or having the responsibility for, the daily operation of an underground storage tank system.
  8. “Owner” means any person, corporation, group, or other entity who or that holds exclusive or joint title to, or lawful possession of, a facility or part of a facility.
  9. “Petroleum product” means crude oil, or any fractions thereof, that is liquid at standard conditions of temperature sixty degrees Fahrenheit (60°F) and pressure fourteen and seven tenths pounds per square inch absolute (14.7 psia) and includes substances derived from crude oil including, but not limited to, the following:
    1. Gasoline;
    2. Fuel Oils;
    3. Diesel Oils;
    4. Waste Oils;
    5. Gasohol, lubricants and solvents.
  10. “Release” means any spilling, leaking, pumping, pouring, injecting, emitting, escaping, leaching, discharging, or disposing of any material stored in an underground storage tank system subject to these regulations into groundwater, surface water, soil, air, or any other environmental media.
  11. “Responsible party” means the person or persons liable for release of petroleum or the remediation of a release.
  12. “Site” means any location at which, or from which, there has been a release of petroleum associated with an underground storage tank or an underground storage tank system, or any location to which such petroleum has migrated.
  13. “UST” or “Underground storage tank system” means any one or more underground tanks, and their associated components, including piping, used to contain, transport, or store petroleum product or hazardous material whose volume is ten percent (10%) or more beneath the surface of the ground.

History of Section. P.L. 1994, ch. 144, § 1; P.L. 1998, ch. 114, § 1; P.L. 2001, ch. 328, § 1; P.L. 2002, ch. 297, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.

Compiler’s Notes.

P.L. 2016, ch. 148, § 1, and P.L. 2016, ch. 160, § 1 enacted identical amendments to this section.

P.L. 2017, ch. 80, § 1, and P.L. 2017, ch. 92, § 1 enacted identical amendments to this section.

46-12.9-4. Petroleum cleanup fund.

  1. There is hereby established the Rhode Island underground storage tank financial responsibility fund.
  2. The fund shall consist of any funds that the state may, from time to time, appropriate, as well as money received as gifts, grants, bequests, donations, or other funds from any public or private sources as established herein that are intended to serve the purposes of the Rhode Island underground storage tank financial responsibility fund and all funds collected pursuant to § 46-12.9-11 .
  3. All funds collected pursuant to this section shall be deposited in the underground storage tank fees fund, and shall be disbursed according to the purposes expressed in § 46-12.9-5 .

History of Section. P.L. 1994, ch. 144, § 1; P.L. 2002, ch. 297, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.

Compiler’s Notes.

P.L. 2017, ch. 80, § 1, and P.L. 2017, ch. 92, § 1 enacted identical amendments to this section.

46-12.9-5. Purpose of fund.

  1. The purpose of the fund shall be to facilitate the clean-up of releases from leaking underground storage tanks, underground storage tank systems, including those located on sites in order to protect the environment, including drinking water supplies and public health.
  2. The fund shall provide reimbursement to responsible parties for the eligible costs incurred by them as a result of releases of certain petroleum from underground storage tanks or underground storage tank systems as provided herein. Monies in the fund shall be dispensed only upon the order of the department for the following purposes:
    1. The fund shall pay not more than one million dollars ($1,000,000) per incident, and up to two million dollars ($2,000,000) in the aggregate, for damages of eligible costs, as defined in regulations promulgated hereunder and, as further defined in § 46-12.9-3 , excluding legal costs and expenses, incurred by a responsible party as a result of a release of petroleum from an underground storage tank or underground storage tank system; provided, however, that a responsible party may be responsible for the first twenty thousand dollars ($20,000) of said eligible costs;
    2. Reimbursement for any third-party claim including, but not limited to, claims for bodily injury, property damage, and damage to natural resources that are asserted against a responsible party and that have arisen as a result of a release of petroleum from an underground storage tank or underground storage tank system, in an amount not to exceed one million dollars ($1,000,000) for each release as set forth in subsection (b)(1); provided, that such claims are found by the department to be justified, reasonable, related to the release of petroleum, and not excessive or spurious in nature;
    3. Costs incurred by the department in carrying out the investigative, remedial, and corrective action activities at sites of a petroleum release associated with an underground storage tank or underground storage tank system where the responsible party fails to comply with an order of the department to undertake such activities. In the event of such failure or documented inability to comply, the department may access the fund to perform the ordered work and may proceed to recover from the responsible party, on behalf of the fund, any amount expended from the fund by the department;
    4. Nothing contained in this chapter shall be construed to prevent subrogation by the state of Rhode Island against any responsible party, other than the owner and/or operator, for all sums of money that the fund shall be obligated to pay hereunder, plus reasonable attorney’s fees and costs of litigation and such right of subrogation is hereby created; and
    5. Eligible costs incurred by the department to support the fund, including, but not limited to, all personnel support to process and review claims in order to formulate recommendations for reimbursement for consideration, and providing meeting space for board meetings; provided, however, that no more than five hundred and fifty thousand dollars ($550,000) shall be dispensed from the fund for administrative purposes during any fiscal year. The department shall directly access the fund, pursuant to the limits set forth in subdivision (b)(1) of this section, to pay for such expenses.
    6. [Deleted by P.L. 2016, ch. 148, § 1 and P.L. 2016, ch. 160, § 1].

History of Section. P.L. 1994, ch. 144, § 1; P.L. 1997, ch. 30, art. 39, § 1; P.L. 1998, ch. 31, art. 23, § 1; P.L. 1998, ch. 114, § 1; P.L. 2001, ch. 328, § 1; P.L. 2002, ch. 297, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2007, ch. 340, § 45; P.L. 2008, ch. 475, § 30; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.

Compiler’s Notes.

P.L. 2016, ch. 148, § 1, and P.L. 2016, ch. 160, § 1 enacted identical amendments to this section.

P.L. 2017, ch. 80, § 1, and P.L. 2017, ch. 92, § 1 enacted identical amendments to this section.

46-12.9-6. Eligibility.

  1. In order to be eligible for reimbursement from the fund for eligible costs, a responsible party must be subject to financial responsibility as required by the EPA (40 C.F.R. part 280 subpart H) and:
    1. Have substantially complied with all state regulatory requirements for underground storage tanks and underground storage tank systems as promulgated by the department of environmental management pursuant to chapter 12 of this title and chapter 17.1 of title 42, including, but not limited to, requirements for registration, proper installation, spill containment, line leak detection, corrosion protection, leak detection, tank tightness testing, inventory control, closure, and leak or spill reporting;
    2. Have incurred an eligible cost in excess of the deductible amount specified in § 46-12.9-5(b)(1) whether for clean-up or related matters or for claims of third parties as set forth in § 46-12.9-3 resulting from a release of petroleum, subject to the motor and special fuels tax from an underground storage tank or underground storage tank system. In order to apply for reimbursement from the fund, it shall not be necessary that the third party and the responsible party complete adjudication of any claim before submission to the department; provided, however, that all such claims shall be reasonably verified and must be demonstrated to the reasonable satisfaction of the department in order to be considered eligible for reimbursement.
  2. Notwithstanding the financial responsibility requirement of this section, responsible parties may be eligible for reimbursement of eligible costs incurred for sites provided that:
    1. A city, town, the state, or a state agency is the responsible party for a release at the site and was the owner of the site at the time of the release;
    2. A city, town, the state, or a state agency is the responsible party and owner of the site at the time of application on which a release occurred prior to the city, town, or state agency’s ownership, provided that the government entity purchased the property prior to March 1, 1998; or
    3. A city, town, the state, or a state agency was the responsible party at the time of the release and the site is owned by a successor in interest at the time of application.
  3. Incurred costs eligible for reimbursement may be submitted to the department up to two (2) years from the date on the originally issued invoice(s) for the incurred costs. Any invoices submitted after this two-year (2) deadline will be considered ineligible for reimbursement.
  4. Notwithstanding the requirement that the released petroleum be subject to the motor and special fuels tax, underground storage tanks containing petroleum products for which the motor and special fuels tax is inapplicable including, but not limited to, underground storage tanks used for the distribution of No. 2 heating oil, used/waste oil, kerosene, or other materials as deemed appropriate by the department may be eligible for reimbursement with the following exceptions:
    1. Underground storage tanks containing heating or fuel oils used solely for onsite consumption shall not be eligible.
    2. Underground storage tanks exempted from the department’s “regulations for underground storage facilities used for petroleum products and hazardous materials.”

History of Section. P.L. 1994, ch. 144, § 1; P.L. 1998, ch. 114, § 1; P.L. 2001, ch. 328, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2007, ch. 340, § 45; P.L. 2008, ch. 475, § 30; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.

Compiler’s Notes.

40 C.F.R. part 280 subpart H, referred to in subsection (a) of this section, may be found at 40 C.F.R. § 280.90 et seq.

P.L. 2017, ch. 80, § 1, and P.L. 2017, ch. 92, § 1 enacted identical amendments to this section.

46-12.9-7. Rules and regulations.

The department is hereby authorized to promulgate, implement, and amend regulations, in accordance with the provisions of chapter 35 of title 42, providing for the submission of claims to the fund and the timely disbursement of monies from the fund. Such regulations shall include, but not be limited to, the following:

  1. A means of notifying all eligible parties of the existence and functioning of the fund;
  2. The record keeping required of eligible parties for submission to, and reimbursement from, the fund;
  3. A set criteria that establishes the eligibility for reimbursement of specific costs, expenses, and other obligations;
  4. A method of providing periodic reimbursement for eligible costs incurred by an eligible party after July 8, 1994. Such reimbursement shall be processed in the order that the claims were filed, subject to funds availability, except in the case where the director finds that funds must be expended out of order in order to abate an environmental emergency;
  5. A requirement that the department render its decisions to an eligible party upon the receipt of a complete claim for reimbursement within ninety (90) days following its receipt of completed claim;
  6. Establishing procedures for verifying claims presented under this chapter;
  7. Establishing procedures for approving, modifying, or denying claims;
  8. The eligibility of claims shall be determined by the department; provided, however, that no claims shall be considered for costs incurred prior to January 1, 1994, by responsible parties who are owners or operators of no more than one location containing underground storage tanks and July 8, 1994, by all other responsible parties;
  9. Empowering the department to recognize and arrange for performance-based and other contracts with the responsible party and/or contractor for the remediation of a release; and
  10. Empowering the department to arrange for the establishment of alternate means of financial responsibility.

History of Section. P.L. 1994, ch. 144, § 1; P.L. 1998, ch. 245, § 1; P.L. 2001, ch. 328, § 1; P.L. 2002, ch. 297, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2007, ch. 340, § 45; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.

Compiler’s Notes.

P.L. 2016, ch. 148, § 1, and P.L. 2016, ch. 160, § 1 enacted identical amendments to this section.

P.L. 2017, ch. 80, § 1, and P.L. 2017, ch. 92, § 1 enacted identical amendments to this section.

46-12.9-8. Advisory board.

  1. There is hereby authorized, created, and established the “underground storage tank advisory board,” to have such powers as are provided herein.
  2. The advisory board shall consist of seven (7) members, as follows: the director of the department of environmental management, or his or her designee, who shall be a subordinate within the department of environmental management. The governor, with the advice and consent of the senate, shall appoint six (6) public members, one of whom shall have expertise and experience in financial matters. In making these appointments the governor shall give due consideration to recommendations from the American Petroleum Institute, the Independent Oil Marketers Association, the Oil Heat Institute, the Environment Council, the Independent Oil Dealers Association, and the Rhode Island Marine Trade Association. The newly appointed members will serve for a term of three (3) years commencing on the day they are qualified. Any vacancy which may occur on the board 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 member’s predecessor as prescribed in this section. The members of the board shall be eligible to succeed themselves. Members shall serve until their successors are appointed and qualified. No one shall be eligible for appointment unless he or she is a resident of this state. The members of the board shall serve without compensation. Those members of the board, as of the effective date of this act [July 15, 2005], who were appointed to the board by members of the general assembly, shall cease to be members of the board on the effective date of this act, and the governor shall thereupon nominate three (3) members, each of whom shall serve the balance of the unexpired term of his or her predecessor. Those members of the board, as of the effective date of this act [July 15, 2005], who were appointed to the board by the governor, shall continue to serve the balance of their current terms. Thereafter, the appointments shall be made by the governor as prescribed in this section.
  3. The advisory board shall meet at the call of the chair. All meetings shall be held consistent with chapter 46 of title 42.
  4. The advisory board and its corporate existence shall continue until terminated by law. Upon termination of the existence of the advisory board, all its rights and properties shall pass to and be vested in the state.
  5. The advisory board shall have the following powers and duties, together with all powers incidental thereto or necessary for the performance of those stated in this chapter:
    1. To elect or appoint officers and agents of the advisory board, and to define their duties:
    2. To make and alter bylaws, not inconsistent with this chapter, for the administration of the affairs of the advisory board. Such bylaws may contain provisions indemnifying any person who is, or was, a director or a member of the advisory board, in the manner and to the extent provided in § 7-6-6 of the Rhode Island nonprofit corporation act;
    3. To oversee, review, and evaluate the condition and performance of the underground storage tank fund and approve and submit an annual report after the end of each fiscal year 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 information provided by the department, including: an operating statement summarizing meetings held, including meeting minutes, subjects addressed, and decisions rendered; a summary of the advisory board’s actions, fees levied, collected, or received, as prescribed in §§ 46-12.9-7 and 46-12.9-11 , claims submitted, verified, approved, modified, and denied, as prescribed in § 46-12.9-7 , and reconsideration hearings held; a synopsis of any law suits or other legal matters related to the fund; and a summary of performance during the previous fiscal year, including accomplishments, shortcomings, and remedies; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements; and a summary of any training courses held pursuant to subdivision (e)(4). The report shall be posted electronically as prescribed in § 42-20-8.2 . The advisory board may make recommendations or suggestions on the claims process and/or the condition and management of the fund, and the department shall respond, in writing, to any of these suggestions or recommendations; and
    4. To 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 executive director, approved by the board, and conducted by the executive director. 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 chapter 12.9 of title 46, chapter 46 of title 42, chapter 14 of title 36 and chapter 2 of title 38; 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 [July 15, 2005], prepare and disseminate training materials relating to the provisions of chapter 14 of title 36, chapter 2 of title 38, and chapter 46 of title 42.
  6. Upon the passage of this act and the appointment and qualification of the three (3) new members prescribed in subsection (b), the board shall elect, from among its members, a chair. Thereafter, the board shall elect annually, in February, a chair from among the members. The board may elect, from among its members, such other officers as it deems necessary.
  7. Four (4) members of the board shall constitute a quorum and the vote of the majority of the members present shall be necessary and shall suffice for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the board.
  8. Members of the board shall be removable by the governor pursuant to § 36-1-7 and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.

History of Section. P.L. 1994, ch. 144, § 1; P.L. 2001, ch. 180, § 150; P.L. 2001, ch. 328, § 1; P.L. 2002, ch. 297, § 1; P.L. 2005, ch. 239, § 1; P.L. 2005, ch. 317, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2008, ch. 371, § 6; P.L. 2009, ch. 5, art. 9, § 10; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1.

Compiler’s Notes.

P.L. 2016, ch. 148, § 1, and P.L. 2016, ch. 160, § 1 enacted identical amendments to this section.

46-12.9-9. Reconsideration hearing.

Any person aggrieved by a decision on a claim submitted to the department may request a reconsideration hearing before the department of environmental management administrative adjudication division under the provisions of the regulations of that office and such regulations shall be consistent with the Rhode Island administrative procedures act, chapter 35 of title 42. Any such decision shall contain a notice of the right to request a hearing and may specify a reasonable time limit, not to exceed twenty-one (21) days, within which said person shall request a hearing. If no such request is made in a timely manner, the said person shall be deemed to have assented to the decision. If a timely request is received, the department of environmental management administrative adjudication division, within a reasonable period of time, shall act upon such request in accordance with the provisions of the Rhode Island administrative procedures act.

History of Section. P.L. 1994, ch. 144, § 1; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.

Compiler’s Notes.

P.L. 2016, ch. 148, § 1, and P.L. 2016, ch. 160, § 1 enacted identical amendments to this section.

P.L. 2017, ch. 80, § 1, and P.L. 2017, ch. 92, § 1 enacted identical amendments to this section.

46-12.9-10. Nonparticipation in insurer’s insolvency fund.

Notwithstanding any other provisions of the law to the contrary, the Rhode Island underground storage tank financial responsibility act shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of nor be entitled to claim against the Rhode Island insurer’s insolvency fund created under chapter 34 of title 27.

History of Section. P.L. 1994, ch. 144, § 1.

46-12.9-11. Fundings.

  1. There is hereby imposed an environmental protection regulatory fee of one cent ($0.01) per gallon payable of motor fuel, to be collected by distributors of motor fuel when the product is sold to owners and/or operators of underground storage tanks. Each distributor shall be responsible to the tax administrator for the collection of the regulatory fee, and if the distributor is unable to recover the fee from the person who ordered the product, the distributor shall nonetheless remit to the tax administrator the regulatory fee associated with the delivery. In accordance with the regulations to be promulgated hereunder, the fee shall be collected, reported, and paid to the Rhode Island division of taxation as a separate, line-item entry, on a quarterly tax report by those persons charged with the collection, reporting, and payment of motor fuels taxes. This fee shall be administered and collected by the division of taxation. Notwithstanding the provisions of this section, the fee shall not be applicable to purchases by the United States government.
  2. Of the one-cent-per-gallon ($0.01) environmental protection regulatory fee collected by distributors of motor fuel and paid to the Rhode Island division of taxation, one-half cent ($0.005) shall be deposited in the intermodal surface transportation fund to be distributed pursuant to § 31-36-20 and one-half cent ($0.005) shall be paid to the fund. All environmental protection regulatory fees paid to the department shall be received by the department, which shall keep such money in a distinct, interest-bearing, restricted-receipt account to the credit of, and for the exclusive use of, the fund provided that for the period January 1, 2008, through June 30, 2008, all revenues generated by the environmental protection regulatory fee, up to a maximum of two million dollars ($2,000,000), shall be deposited into the general fund. In fiscal year 2009, all revenues generated by the environmental protection regulatory fee, up to a maximum equivalent to two million two hundred thirty-seven thousand five hundred dollars ($2,237,500), shall be deposited into the intermodal surface transportation fund. All fees collected may be invested as provided by law and all interest received on such investment shall be credited to the fund.
  3. When the fund reaches the sum of eight million dollars ($8,000,000), the imposition of the fee set forth in this chapter shall be suspended, and the division of taxation shall notify all persons responsible for the collection, reporting, and payments of the fee of the suspension. In the event that the account balance of the fund subsequently is reduced to a sum less than five million dollars ($5,000,000) as a result of fund activity, the fee shall be reinstated by the division of taxation, following proper notice thereof, and once reinstated, the collection, reporting, and payment of the fee shall continue until the account balance again reaches the sum of eight million dollars ($8,000,000).
  4. Upon the determination by the advisory board and the department that the fund has reached a balance sufficient to satisfy all pending or future claims, the advisory board shall recommend to the general assembly the discontinuation of the imposition of the fee created in this section.

History of Section. P.L. 1994, ch. 144, § 1; P.L. 1995, ch. 370, art. 31, § 2; P.L. 1996, ch. 100, art. 13, § 2; P.L. 1997, ch. 30, art. 39, § 1; P.L. 2002, ch. 297, § 1; P.L. 2006, ch. 44, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2007, ch. 340, § 45; P.L. 2008, ch. 9, art. 20, § 1; P.L. 2009, ch. 5, art. 9, § 10; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.

Compiler’s Notes.

P.L. 2016, ch. 148, § 1, and P.L. 2016, ch. 160, § 1 enacted identical amendments to this section.

P.L. 2017, ch. 80, § 1, and P.L. 2017, ch. 92, § 1 enacted identical amendments to this section.

Retroactive Effective Dates.

P.L. 2008, ch. 9, art. 20, § 2 provides that the amendments to this section by that act shall be retroactive to January 1, 2008.

46-12.9-12. Severability.

If any of the provisions of this chapter or the applicability thereof is held invalid by any court of competent jurisdiction, the remainder of these provisions of this chapter shall not be affected hereby.

History of Section. P.L. 1994, ch. 144, § 1.

Chapter 12.10 Commission to Study Feasibility and Funding of Homeowners Assistance Fund for Septic Systems

46-12.10-1. Legislative findings.

The General Assembly hereby recognizes and declares that:

  1. There exists and will continue to exist within the state of Rhode Island the need to construct, maintain and repair facilities and projects for the abatement of pollution caused by domestic wastewater discharges, including, but not limited to, septic systems and cesspools.
  2. It is found that there are presently ninety thousand (90,000) cesspools within the State of Rhode Island.
  3. Failed and poorly functioning ISDS systems contribute directly to pollution in such environmentally sensitive areas as Greenwich Bay, coastal salt ponds and other water resources.
  4. It is further found that there is a need to establish a fund that shall provide to communities financial assistance to create and adopt a community septic system management plan and provide the corpus of a fund within the existing State SRF as administered by the Rhode Island infrastructure bank that shall enable communities to offer to homeowners within those communities the opportunity to access low-cost loans for repair or replacement of failed or poorly functioning septic systems.

History of Section. P.L. 1996, ch. 182, § 1; P.L. 2015, ch. 141, art. 14, § 15.

46-12.10-2. Establishment of commission.

  1. There is hereby created a commission known as the Commission to Study Feasibility and Funding of Homeowners Assistance Fund for septic systems which shall consist of fifteen (15) members as follows:
    1. One member who shall be engaged in the septage hauling industry, to be appointed by the president of the senate;
    2. One member who is employed by a publicly owned treatment works (POTW) which receives septage, to be appointed by the president of the senate;
    3. One member who represents a private, non-profit environmental advocacy organization, to be appointed by the speaker;
    4. One member representing the Rhode Island clean water protection finance agency, to be appointed by the director;
    5. One member representing the Natural Resource Conservation Service, to be appointed by the speaker;
    6. One member representing the Narragansett Bay Water Pollution Control Association, to be appointed by the speaker;
    7. The director of the department of environmental management or his or her designee;
    8. One public member who is a resident of a community with septic systems, to be appointed by the speaker;
    9. The director of Narragansett Bay Commission or his or her designee.
    10. The president of the Rhode Island Mortgage Brokers Association or his or her designee;
    11. The speaker of the house of representatives shall appoint two (2) members of the house of representatives from the majority party and one member of the house of representatives from the minority party.
    12. The president of the senate shall appoint one senator from the majority party and one senator from the minority party.
  2. The chairperson shall be elected by the members of the commission.

History of Section. P.L. 1996, ch. 182, § 1; P.L. 2001, ch. 180, § 151.

46-12.10-3. Purposes and duties.

The purpose of the commission shall be to study pollution levels in general terms on a statewide basis; develop a program where cities and towns develop community septic system management plans; determine funding sources for creation of such plans, determine funding sources for a homeowners financial assistance program; develop the specific requirements of such a program; determine which agency or agencies and mechanisms are best able to manage and administer said funding; draft legislation which would incorporate the findings and recommendations of the commission and a plan of implementation of the findings and recommendations of the commission; and report in writing to the general assembly on January 3, 1997 on the findings and recommendations of the commission with proposed legislation, and shall expire February 3, 1997.

History of Section. P.L. 1996, ch. 182, § 1.

Chapter 12.11 Uniform Septage Disposal Fee

46-12.11-1. Legislative findings.

The general assembly hereby finds and declares as follows:

  1. The bays, rivers, and associated watersheds of Rhode Island are unique and unparalleled natural resources that provide significant cultural, ecological, and economic benefit to the state, and it is in the best interest of the state and its citizens to preserve, protect, and restore our bays, rivers, and associated watersheds.
  2. The formation of the Rhode Island Bays, Rivers, and Watersheds Coordination Team, pursuant to chapter 46-31 of the general laws, provides for the coordination of the functions, programs, and regulations that affect the bays, rivers, and watersheds and serves as the most effective way to transcend the limited responsibilities and jurisdictions of each agency, to address complex issues using an ecosystem-based approach, and to provide for continuity over time.
  3. Discharges of wastewater from wastewater treatment facilities, despite the fact that these discharges are carefully regulated and monitored, are known sources of pollution that affect the water quality of the bays, rivers, and associated watersheds of Rhode Island.
  4. Wastewater treatment facilities collect wastewater both from users of sewer systems, who pay fees for the utilization of the systems, and from septage transporters, who collect septage from users of onsite sewage disposal systems.
  5. All persons or entities generating pollutants that affect Rhode Island’s bays, rivers and watersheds, including those who utilize onsite sewage disposal systems, should be required to contribute to the costs of providing effective pollution control, mitigating environmental degradation of ecosystems, restoring impaired ecosystems, and monitoring the environment to characterize the impacts of the pollutant loadings, including changes that may occur as the level of treatment is improved.

History of Section. P.L. 2007, ch. 73, art. 30, § 1.

Compiler’s Notes.

Chapter 46-31 of the General Laws, referred to in subdivision (2) of this section, was repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

46-12.11-2. Definitions.

As used in this chapter, unless the context shall clearly indicate otherwise:

  1. “Director” shall mean the director of the department of environmental management.
  2. “Disposal facility” shall mean any wastewater treatment facility, or portion thereof, or any other facility that receives septage from septage transporters, pursuant to authorization by the department of environmental management.
  3. “Disposal facility operator” shall mean the person responsible for operating the disposal facility, who has authority to charge fees for the receipt of septage.
  4. “Person” shall mean an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the Federal government, or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.
  5. “Septage” shall mean any solid, liquid or semi-solid removed from a septic tank, cesspool, privy, domestic or other wastewater holding tank, or similar onsite sewage disposal system.
  6. “Septage transporter” shall mean any person lawfully authorized to transport septage.

History of Section. P.L. 2007, ch. 73, art. 30, § 1.

46-12.11-3. Uniform septage disposal fee created.

There is hereby created and established a uniform septage disposal fee.

History of Section. P.L. 2007, ch. 73, art. 30, § 1.

46-12.11-4. Assessment, collection, and deposit of fee.

  1. Effective July 1, 2007, a uniform septage disposal fee in the amount of one dollar ($1.00) per every hundred gallons of septage, as defined by the director pursuant to subsection (d) of this section, shall be imposed on the disposal of septage at all disposal facilities in the state.
  2. The fee shall be assessed by the disposal facility operator based on the volume of septage delivered by the septage transporter. The septage transporter shall be liable for the fee until it has been paid to the state, except that payment to the applicable disposal facility is sufficient to relieve the septage transporter from further liability for the fee.
  3. The fees collected by the disposal facility operator shall be remitted four times per year to the state on a schedule prescribed by the director in regulation. All fees collected pursuant to this chapter shall be deposited in the Bays, Rivers & Watersheds Fund, established pursuant to § 46-31-12.1 of the general laws, and shall be dispersed according to the purposes of that fund.
  4. The director may adopt all necessary rules and regulations necessary for the administration and enforcement of this chapter, including but not limited to, defining the types of septage, e.g., residential, commercial, and industrial that are subject to the fee.

History of Section. P.L. 2007, ch. 73, art. 30, § 1.

Compiler’s Notes.

Section 46-31-12.1 , referred to in this section, was repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Chapter 13 Public Drinking Water Supply

46-13-1. Purpose of chapter.

The purpose of this chapter is to aid in assuring the public is provided with safe and potable drinking water.

History of Section. P.L. 1956, ch. 3799, § 1; G.L. 1956, § 46-13-1 ; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.

Comparative Legislation.

Water supplies:

Conn. Gen. Stat. § 25-32 et seq.

Mass. Ann. Laws ch. 40, § 41; ch. 111, §§ 17, 160.

Collateral References.

Municipal water supply, statutes and ordinances for protection of. 72 A.L.R. 673.

46-13-2. Definitions.

For the purpose of this chapter, the following definitions shall apply:

  1. “Director”  means the director of the department of health or a subordinate to whom the director has assigned his or her functions.
  2. “Person”  means and includes an individual, partnership, association, or corporation, or any town or city or any agency thereof, or the state or any agency thereof, or any other legal entity.
  3. “Public water supply system”  means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if the system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year;
    1. Any collection, treatment, storage and distribution facilities under control of the operator of the system used primarily in connection with the system; and
    2. Any collection or pretreatment storage facilities not under the control of the operator which are used primarily in connection with the system.
  4. “Safe and potable”  means suitable or fit for human consumption as drinking water.

History of Section. P.L. 1956, ch. 3799, § 2; G.L. 1956, § 46-13-2 ; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2; P.L. 1999, ch. 180, § 1.

46-13-2.1. Approval required.

  1. No person shall operate or maintain a public water supply system unless the system is approved by the director of health. Applications for approval shall be made to the director on forms provided for this purpose.
  2. Upon receipt of an application, the director shall review the application, supporting documents, and conduct an inspection of the public water supply system to determine if it meets the requirements for approval set forth in this chapter and the regulations adopted hereunder. If, after review, the director determines that the public water supply system complies with the requirements of this chapter and the regulations adopted hereunder, approval of the application to operate or maintain a public water supply system shall be granted.
  3. An approval, unless sooner suspended or revoked, shall expire on the 30th day of June following its issuance and may be reviewed from year to year. Each approval shall be issued only for the public water supply system and persons named on the application, and shall not be transferable or assignable.
  4. The initial fee for any approval and the approval renewal fee shall be established by the director by regulation. The fees, as established by the director, shall be related to the costs incurred in operating the program and may include administrative, personnel, equipment, laboratory services and such other related costs necessary to carry out the provisions of this section of the law. All fees collected under this section shall be deposited as general revenues.

History of Section. P.L. 1990, ch. 220, § 2; P.L. 1992, ch. 133, art. 36, § 1; P.L. 1995, ch. 370, art. 40, § 158; P.L. 2007, ch. 340, § 46.

NOTES TO DECISIONS

Approval Fees.

As long as the annual approval fee’s primary purpose and effect was to pay for the department of health’s costs in carrying out its statutory duty to regulate the state’s water-supply systems under its jurisdiction, and as long as the total revenues generated by these fees were roughly equivalent to the costs of implementing such regulation, such fees constituted an annual licensing measure, and not a tax. Kent County Water Auth. v. State (Department of Health), 723 A.2d 1132, 1999 R.I. LEXIS 48 (R.I. 1999).

Where annual approval fees constituted a lawful licensing measure, and not a tax, an organization could not rely upon its tax-exempt status to avoid its obligation to pay those fees. Kent County Water Auth. v. State (Department of Health), 723 A.2d 1132, 1999 R.I. LEXIS 48 (R.I. 1999).

46-13-2.2. Denial, suspension, or revocation of approval.

The director, after notice and opportunity for a hearing, is authorized to deny, suspend, or revoke any application submitted or approval granted under this chapter in any case in which the director finds that there has been a failure to comply with the provisions of this chapter and the regulations adopted hereunder. All the hearings and appeals shall be conducted in accordance with the provisions of chapter 35 of title 42, the Administrative Procedures Act.

History of Section. P.L. 1990, ch. 220, § 2.

46-13-3. Determination of safety of water supply.

  1. The director is hereby authorized to determine by means of laboratory tests, field tests, sanitary surveys, investigations of purification works, examinations of the distribution systems, or by other means, whether water supplied through a public water supply system is safe and potable for human consumption.
  2. The director is further authorized to enter, at all reasonable times, in or upon any private or public property for the purpose of carrying out the provisions of this chapter or making an inspection or investigation of a condition which the director believes may be hazardous to the health of the consumers served by any public water supply system or in violation of the regulations or orders promulgated under this statute.
  3. The director is further authorized to charge fees to support the collection and analysis of samples that are required to meet the minimum monitoring requirements for public drinking water supplies. The fees shall be established by regulation and shall be related to the costs incurred in operating the monitoring program, and may include administrative, personnel, equipment, and other related costs necessary to carry out the provisions of this subsection.

History of Section. P.L. 1956, ch. 3799, § 4; G.L. 1956, § 46-13-3 ; P.L. 1977, ch. 252, § 1; P.L. 1980, ch. 14, § 2; P.L. 1990, ch. 65, art. 47, § 1.

Cross References.

Functions of department of health, § 42-18-1 .

Collateral References.

Health board’s power to prescribe methods of keeping water free from impurities. 23 A.L.R. 228.

Standard of purity of water furnished for human consumption, validity of statute providing for. 6 A.L.R. 475.

46-13-4. Approval of new water sources and treatment works required.

No source of water shall hereafter be developed for a public water supply system until a site plan has been approved by the director, and no public water supply system shall hereafter be constructed or substantially altered until the plans and specifications for the system have been approved by the director. Plans and specifications submitted shall be prepared by an engineer registered in the state of Rhode Island.

History of Section. P.L. 1956, ch. 3799, § 5; G.L. 1956, § 46-13-4 ; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.

Cross References.

Condemnation for water supply purposes, §§ 39-15-1 to 39-15-10 .

Collateral References.

Police power as authorizing statute or other measure involving chemical treatment of public water supply. 43 A.L.R.2d 453.

46-13-5. Disinfection and water analyses.

All newly constructed public water supply systems, or additions to existing systems, shall be flushed and adequately disinfected, and the water analyzed in accordance with the requirements of the director before being placed in service.

History of Section. P.L. 1956, ch. 3799, § 6; G.L. 1956, § 46-13-5 ; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.

46-13-6. Connections between distribution systems.

No person shall maintain a physical connection joining a public water supply system with any other water supply system, unless that connection is approved by the director.

History of Section. P.L. 1956, ch. 3799, § 7; G.L. 1956, § 46-13-6 ; P.L. 1962, ch. 239, § 1; P.L. 1964, ch. 106, § 1; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.

46-13-7. Tanks connected to unsafe supplies.

Any person who maintains a public water supply system connection to a tank which is also supplied with water from a water supply system found by the director to be unsafe, shall maintain the tank open to atmospheric pressure, and the public water supply pipe shall terminate at least two (2) pipe diameters above the maximum level of water in the tank. The tank overflow shall be of adequate size to fix definitely the maximum level.

History of Section. P.L. 1956, ch. 3799, § 8; G.L. 1956, § 46-13-7 ; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.

46-13-8. Avoidance of contamination in tanks.

Any person who is furnished water from a public water supply system, and maintains a tank supplied only by that water, shall have the tank constructed and maintained to prevent contaminants from gaining access to the tank interior.

History of Section. P.L. 1956, ch. 3799, § 9; G.L. 1956, § 46-13-8 ; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.

46-13-9. Assurance of safety in public supply.

Any person maintaining a public water supply system shall direct the operation and maintenance of the water supply facilities so that the water furnished to the public shall be safe and potable.

History of Section. P.L. 1956, ch. 3799, § 11; G.L. 1956, § 46-13-9 ; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.

46-13-9.1. Test results — Reports to the director.

  1. Any water supply sampling, monitoring, testing result or laboratory analysis undertaken by or for a public water supply system to determine whether drinking water is safe and potable, which indicates that drinking water may not be safe and potable, shall be reported concurrently to the public water supply system and to the director.
  2. It is the responsibility of all suppliers of public drinking water to protect the potable water system from contamination or pollution and to report any sampling, monitoring, testing result or laboratory analysis indicating contamination or pollution to the director, in accordance with rules promulgated by the director.

History of Section. P.L. 2005, ch. 71, § 1; P.L. 2005, ch. 83, § 1.

46-13-10. Correction of unsafe conditions.

When the water from a public water supply system is not safe, potable, or is subject to contamination as determined by the director, the person maintaining the public water supply system shall take immediate action to correct sanitary defects, improve operation, provide necessary water treatment, or make any other changes or additions necessary to provide safe and potable water.

History of Section. P.L. 1956, ch. 3799, § 12; G.L. 1956, § 46-13-10 ; P.L. 1977, ch. 158, § 1; P.L. 1977, ch. 252, § 1; P.L. 1980, ch. 14, § 2.

46-13-11. Reports as to public supplies.

Any person maintaining a public water supply system shall submit or cause to be submitted by operating personnel such reports of operation pertaining to the sanitary quality, treatment, and output as may be requested by the director. The operation reports shall be submitted within fifteen (15) days after demand therefor by the director, and shall be accurate and as complete as requested by the director. Copies of all reports, as well as the analyses of the reports by the director, shall be supplied to the cities and towns serviced by the supplier upon request.

History of Section. P.L. 1956, ch. 3799, § 10; G.L. 1956, § 46-13-11 ; P.L. 1977, ch. 158, § 1; P.L. 1977, ch. 252, § 1; P.L. 1980, ch. 14, § 2.

46-13-12. Hearing on unsafe conditions — Order to correct deficiencies.

Whenever investigations indicate that the water from a public water supply system is not safe, potable, or is subject to contamination and, in the opinion of the director, the health of the water consumers is or may become endangered, the director may call the person maintaining the system to a hearing at a time and place designated by the director. The notice of the hearing shall be served in person or by registered mail upon the person giving the time, place, and reason for the hearing; and in the case of a municipality or a corporation, the service shall be upon an officer thereof. At the hearing, the person maintaining the water supply system shall be given an opportunity to show cause why sanitary defects should not be corrected or operation of the water supply system improved in order to make the water safe and potable; and, if in the opinion of the director cause is not shown, the director shall order in writing any such corrections, changes, or additions to be made as may be necessary to provide safe and potable water, directing that within a specified time thereafter, corrections, changes, or additions shall be provided. The authority of the director, as set forth herein, shall be in addition to the authority of the director as set forth in §§ 46-13-2.2 , 46-13-15 , and 46-13-16 , and any other provision of law.

History of Section. P.L. 1956, ch. 3799, § 13; G.L. 1956, § 46-13-12 ; P.L. 1977, ch. 158, § 1; P.L. 1977, ch. 252, § 1; P.L. 1980, ch. 14, § 2; P.L. 1990, ch. 220, § 1.

46-13-12.1, 46-13-12.2. Repealed.

Repealed Sections.

Section 46-13-12.1 (P.L. 1977, ch. 252, § 2), was repealed by P.L. 1980, ch. 14, § 1 and reenacted as § 46-13-13 . Section 46-13-12.2 (P.L. 1977, ch. 252, § 2), which authorized the director of health to determine the duration of periods of unsafe or nonpotable water, was repealed by P.L. 1980, ch. 14, § 1. For powers of the director under this chapter to determine water supply safety and to adopt regulations, see §§ 46-13-3 and 46-13-18 .

46-13-13. Complaints.

The director shall proceed with a hearing pursuant to § 46-13-12 whenever a written complaint made against any public drinking water supplier shall be substantiated by investigation. Any proceedings, pursuant to § 46-13-12 , resulting from the complaint shall be held at a public location.

History of Section. P.L. 1980, ch. 14, § 2; P.L. 1990, ch. 220, § 1.

46-13-14. Delegation of functions.

The director is hereby empowered to assign all his or her functions authorized by this chapter to such subordinate or subordinates as the director deems advisable.

History of Section. P.L. 1980, ch. 14, § 2.

46-13-15. Public nuisances.

  1. Any violation of any provision of this chapter, any rule or regulation promulgated pursuant to this chapter, or any term or condition of any permit, shall constitute a public nuisance. Any person or municipality committing a violation shall be liable for the costs of abatement of any pollution and any public nuisance caused by the violation. The superior court is hereby given jurisdiction over actions to recover the costs of abatement.
  2. Any activity or condition declared by this chapter to be a nuisance or which is otherwise in violation of this chapter, shall be abatable in the manner provided by law or equity for the abatement of public nuisances. In addition, the director may proceed in equity to abate nuisances or to restrain or prevent any violation of this chapter.

History of Section. P.L. 1986, ch. 348, § 3.

Repealed Sections.

The former section (P.L. 1956, ch. 3799, § 16; G.L. 1956, § 46-13-14 ; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2; G.L. 1956, § 46-13-15 ), concerning penalties for violations of this chapter and regulations hereunder, was repealed by P.L. 1986, ch. 348, § 1, effective June 19, 1986. For present provisions of law, see § 46-13-16 .

Collateral References.

Pollution of subterranean waters as nuisance, 38 A.L.R.2d 1285.

46-13-16. Penalties and remedies.

  1. It shall be the duty of any person to proceed diligently to comply with any order issued pursuant to this chapter. If that person fails to proceed diligently or fails to comply with the order within such time, if any, as may be specified, the order may be enforced by the superior court, upon application made by the director.
  2. Any person who willfully or negligently violates any provision of this chapter, any rule or regulation or order of the director, or any condition of any permit issued pursuant to the chapter is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five hundred dollars ($500) for each separate offense, or to imprisonment for a period of not more than one year, or both.
  3. In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this chapter, any rule or regulation pursuant to this chapter, or any term or condition of any permit issued pursuant to this chapter, the relevant director may assess a civil penalty upon a person for the violation. The penalty may be assessed whether or not the violation was willful or negligent. When the director assesses a civil penalty, he or she shall inform the person of the amount of the penalty. The person charged with the penalty shall then have thirty (30) days to pay the penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, the person shall within the thirty (30) day period, file an appeal of the action with the director. Failure to appeal within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty which may be assessed pursuant to this section is five thousand dollars ($5,000) per day for each violation. Each violation for each separate day and each violation of any provision of this chapter, any rule or regulation under this chapter, any order of the director, or any term or condition of a permit shall constitute a separate and distinct offense under this section.
  4. The penalties and remedies prescribed by this chapter shall be deemed concurrent and the existence of or exercise of any remedy shall not prevent the director from exercising any other remedy hereunder.
  5. Violations on separate days shall constitute separate offenses for purposes of this chapter.
  6. Any person who endangers the health of persons by knowingly introducing any contaminant into a public water supply system or tampering with a public water supply system shall be fined not more than fifty thousand dollars ($50,000), or imprisoned for not more than five (5) years, or both.
  7. Any person who attempts to endanger or makes a threat to endanger the health of persons by knowingly introducing any contaminant into a public water supply system or tampering with a public water supply system shall be fined not more than twenty thousand dollars ($20,000), or imprisoned for not more than three (3) years, or both.
  8. The director may bring a civil action in the superior court against any person who endangers, attempts to endanger, or makes a threat to endanger the health of persons, or otherwise renders the water unfit for human consumption, by the introduction of any contaminant into a public water supply system or tampering with a public water supply system. The court may impose on the person a civil penalty of not more than fifty thousand dollars ($50,000) for each day that the endangerment or inability to consume the water exists.
  9. All fines and penalties collected under the penalty provisions of this chapter and all fees shall be deposited as general revenues.

History of Section. P.L. 1986, ch. 348, § 3; P.L. 1991, ch. 354, § 10; P.L. 1995, ch. 370, art. 40, § 158.

Repealed Sections.

The former section (P.L. 1956, ch. 3799, § 14; G.L. 1956, § 46-13-15 ; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2; G.L. 1956, § 46-13-16 ), concerning judicial enforcement of this chapter and the regulation hereunder, was repealed by P.L. 1986, ch. 348, § 1, effective June 19, 1986.

46-13-17. Civil liability unimpaired.

Compliance with requirements of this chapter shall in no way release the owners or official custodians of a public water supply system from any liability for damage to person or property caused by or resulting from the installation, operation, or maintenance of a public water supply system.

History of Section. P.L. 1956, ch. 3799, § 15; G.L. 1956, § 46-13-16 ; P.L. 1977, ch. 158, § 1; P.L. 1980, ch. 14, § 2.

46-13-18. Adoption of regulations.

  1. The director is hereby authorized to adopt regulations consistent with the provisions of this chapter, the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and the federal regulations adopted under that act. All new and existing public water supply systems subject to the provisions of this chapter must comply with the provisions of this chapter and with all the regulations adopted under this chapter in order to obtain and/or maintain approval by the director as a public water supply system. The director is further authorized to establish by regulation a schedule of fees for applications, approvals, and renewals required by this chapter.
    1. Any community water system serving a population of ten thousand (10,000) or more shall directly deliver a full copy of the consumer confidence report, which is required by the U.S. Environmental Protection Agency under the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., to each household within the water system’s service area that receives water from that system. The method of delivery shall be determined by the water system, but can include delivery via either:
      1. Postal patron mailing;
      2. A community newsletter that is directly delivered to each household;
      3. A community calendar that is directly delivered to each household; or
      4. Any other method that will directly reach each household within the water system’s service area that receives water from that system.
    2. In the event that within the service area there are buildings with five (5) or more residential units, the system will not be required to deliver directly to each of these units. Instead, the water system shall mail multiple copies of the report to the building manager or other appropriate individual, noting that the reports should be distributed to residents and/or posted in a common area. Additionally, colleges and universities will be exempted from this requirement but are still responsible for meeting all federal requirements.
    3. The department of health shall serve as the repository for all consumer confidence reports and shall direct inquiries for copies of the report to the appropriate water system in order to obtain a copy of the report.

History of Section. P.L. 1977, ch. 158, § 2; § 46-13-17 ; P.L. 1980, ch. 14, § 2; P.L. 1990, ch. 220, § 1; P.L. 2000, ch. 247, § 1; P.L. 2007, ch. 340, § 46.

Transferred Sections.

The former section (P.L. 1977, ch. 158, § 2), concerning variances and exemptions, was redesignated § 46-13-19 by P.L. 1980, ch. 14, § 2.

Collateral References.

Citizen’s cause of action under Safe Drinking Water Act, 42 U.S.C. § 300j-8. 16 A.L.R. Fed. 3d Art. 4 (2016).

Validity, construction, and application of lead limitations and “lead and copper” rule of Safe Drinking Water Act. 16 A.L.R. Fed. 3d Art. 3 (2016).

46-13-19. Variances and exemptions.

The director may authorize variances or exemptions from the regulations adopted pursuant to this chapter under conditions and in such manner as he or she deems necessary and desirable; provided, however, that the variances or exemptions are permitted under conditions and in a manner which is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the federal Safe Drinking Water Act, P.L. 93-523, and any amendments thereto, 42 U.S.C. § 300f et seq.

History of Section. P.L. 1977, ch. 158, § 2; G.L. 1956, § 46-13-18 ; P.L. 1980, ch. 14, § 2.

Collateral References.

Citizen’s cause of action under Safe Drinking Water Act, 42 U.S.C. § 300j-8. 16 A.L.R. Fed. 3d Art. 4 (2016).

Validity, construction, and application of lead limitations and “lead and copper” rule of Safe Drinking Water Act. 16 A.L.R. Fed. 3d Art. 3 (2016).

46-13-20. Exclusion.

The provisions of §§ 45-13-7 45-13-10 shall not apply to this chapter or the regulations adopted hereunder.

History of Section. P.L. 1990, ch. 220, § 2.

46-13-21. Advisory council.

  1. There is hereby created an advisory council, to be known as the public drinking water supply advisory council, and whose purpose it shall be to advise the director and public drinking water suppliers concerning fees and the implementation of the provisions of this chapter.
  2. The council shall be composed of seven (7) members.
    1. Two (2) members shall be members of the house of representatives appointed by the speaker, not more than one from the same political party;
    2. One member of the senate appointed by the president of the senate;
    3. one member to be the director, or his or her designee;
    4. One officer of a community public drinking water supplier appointed by the governor;
    5. One officer of a nontransient noncommunity public water supplier appointed by the governor; and
    6. One member of the general public, to be appointed by the governor.
  3. The legislative members of the council shall serve for a term of two (2) years. Each member may be reappointed for two (2) additional terms.
  4. The member of the general public, appointed by the governor, shall be appointed for a term of three (3) years and may be reappointed for one additional term.
  5. The members, appointed by the governor, who are officers of a public drinking water supplier, shall be appointed for a one year term, and may be reappointed for three (3) additional terms.
  6. The director, or his or her designee, shall serve upon the council without removal.
  7. On the third Monday in July after the enactment of this chapter, the members of the council shall meet at the call of the speaker of the house and organize. The speaker shall appoint a chairperson from among the legislative members. The vice chairperson shall be elected by the membership of the council.

History of Section. P.L. 1992, ch. 133, art. 36, § 2; P.L. 2001, ch. 180, § 152; P.L. 2007, ch. 340, § 46.

46-13-22. Cross-connection control.

  1. The director is hereby authorized to adopt consistent statewide regulations governing the content of cross-connection control plans and to require that all community public water systems and all non-transient, non-community public water systems prepare a cross-connection control plan. The purpose of these plans shall be to protect the public water system distribution and transmission infrastructure from contamination through cross-connections. All community public water systems and all non-transient, non-community public water systems shall certify to the director that said plan complies with the regulations in accordance with the following schedule:
    1. Community and non-transient, non-community public water systems serving more than five hundred (500) people shall submit certification of compliance no later than June 30, 2011, and implement said plan immediately thereafter.
    2. Community and non-transient, non-community public water systems serving five hundred (500) people or fewer shall submit certification of compliance no later than June 30, 2012, and implement said plan immediately thereafter.
  2. The regulations governing cross-connection control plans adopted by the director shall at a minimum include: the installation of cross-connection control valves at all newly constructed service connections prior to the provision of water service; the installation of cross connection control valves at all commercial and industrial service connections. The installation of cross-connection control devices shall not be made a mandatory condition of a transfer of a residential property that exists as of the effective date of this act [June 27, 2007].
  3. Public water supply systems shall be authorized to terminate water service to any customer who fails to install the appropriate cross-connection control device upon due notice.
  4. The cross-connection control devices required to be installed shall be models approved by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (FCCCHR, USC), the American Water Works Association (AWWA), and/or the American Society of Sanitary Engineers (ASSE).
  5. The director may also adopt and enforce standards including the establishment of fees for certification of persons engaged in cross-connection surveying or backflow prevention, assembly training, repair and maintenance testing.
  6. Any regulations and/or standards promulgated, amended and/or administered pursuant to the provisions of this section shall conform to the requirements of chapter 35 of title 42 (“The Administrative Procedures Act.”)

History of Section. P.L. 2007, ch. 127, § 1; P.L. 2007, ch. 208, § 1; P.L. 2010, ch. 129, § 1; P.L. 2010, ch. 138, § 1.

Compiler’s Notes.

P.L. 2007, ch. 127, § 1, and P.L. 2007, ch. 208, § 1, enacted identical versions of this section.

In 2007, the compiler inserted the bracketed date in subsection (b).

P.L. 2010, ch. 129, § 1, and P.L. 2010, ch. 138, § 1, enacted identical amendments to this section.

Chapter 13.1 Groundwater Protection

46-13.1-1. Short title.

This chapter shall be known and may be cited as the “Rhode Island Groundwater Protection Act of 1985”.

History of Section. P.L. 1985, ch. 494, § 1.

Collateral References.

Pollution of subterranean waters as nuisance, 38 A.L.R.2d 1285.

46-13.1-2. Legislative findings.

The general assembly hereby recognizes and declares that:

  1. Water is vital to life and comprises an invaluable natural resource which is not to be abused by any segment of the state’s population or its economy. It is the policy of this state to restore, enhance, and maintain the chemical, physical, and biological integrity of its waters, to protect public health, to safeguard fish and aquatic life and scenic and ecological values, and to enhance the domestic, municipal, recreational, industrial, and other uses of water;
  2. The groundwaters of this state are a critical renewable resource which must be protected to insure the availability of safe and potable drinking water for present and future needs;
  3. It is a paramount policy of the state to protect the purity of present and future drinking water supplies by protecting aquifers, recharge areas, and watersheds;
  4. It is the policy of the state to restore and maintain the quality of groundwater to a quality consistent with its use for drinking supplies and other designated beneficial uses without treatment as feasible. All groundwaters of the state shall be restored to the extent practicable to a quality consistent with this policy;
  5. It is the policy of the state not to permit the introduction of pollutants into the groundwaters of the state in concentrations which are known to be toxic, carcinogenic, mutagenic, or teratogenic. To the maximum extent practical, efforts shall be made to require the removal of those pollutants from discharges where such discharges are shown to have already occurred;
  6. Existing and potential sources of groundwater shall be maintained and protected. Where existing quality is inadequate to support certain uses, the quality shall be upgraded, if feasible, to protect the present and potential uses of the resource;
  7. The groundwaters of the state are to be protected for use as agricultural, industrial, and potable water supplies, and other reasonable uses, and as a supplement to surface waters for recreation, wildlife, fish and other aquatic life, agriculture, industry, and potable water supply;
  8. Discharges to groundwater which subsequently discharge into surface waters and which would cause a contravention of surface water quality or standards shall not be permitted.
  9. No degradation of the state’s groundwaters shall be permitted unless the state chooses to allow lower water quality as a result of the essential, desirable, and justifiable economic, commercial, industrial, or social development.

History of Section. P.L. 1985, ch. 494, § 1.

46-13.1-3. Definitions.

The following words and phrases shall have the meanings ascribed to them in this section, unless the context shall indicate another or different meaning or intent:

  1. “Aquifer”  means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells, springs, or surface water.
  2. “Bedrock”  means the solid rock, commonly called “ledge,” that forms the earth’s crust.
  3. “Contaminant”  means any physical, chemical, biological, or radiological substance or matter in water which impairs its intended or feasible use.
  4. “Degradation”  means a deterioration or a decline in ambient water quality.
  5. “Director”  means the director of the state department of environmental management.
  6. “Groundwater”  means water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of materials filled with groundwater is called the “zone of saturation”.
  7. “Groundwater recharge”  means the processes of addition of water to the zone of saturation, that zone beneath the water table.
  8. “Maximum contaminant level”  means the maximum permissible level of a contaminant present in the water determined at a point of entry into the distribution system and at any point in the distribution system.
  9. “Nondegradation”  means maintenance of ambient water quality.
  10. “Preventive action limit”  means a specified percentage of a maximum contaminant level.
  11. “Recharge area”  means an area in which water is absorbed that eventually reaches the zone of saturation.
  12. “Residence time”  means the length of time a given unit volume of water (including any contaminant in that water) is present in a hydrologic system.
  13. “Special protection area”  means a designation which would delineate a recharge area within a groundwater reservoir which is particularly critical for the maintenance of large volumes of high quality groundwater for long periods of time.
  14. “Toxic pollutant”  means a water contaminant or combination of water contaminants in concentration(s) which, upon exposure, ingestion, or assimilation, either directly from the environment or indirectly through food chains, will unreasonably threaten to injure human health, or the health of animals or plants which are commonly hatched, bred, cultivated, or protected for use by persons for food or economic benefit.
  15. “Water quality criteria”  means a designated concentration of a constituent that, when not exceeded, will protect an organism, an organism community, or a prescribed water use or quality.
  16. “Water table”  means the upper surface of groundwater in the saturated zone of an aquifer system. The level of the water table fluctuates with varying rates of recharge and pumpage.
  17. “Wellhead protection area”  means the surface and subsurface area surrounding a public well or wellfield through which water will move toward and reach that well or wellfield.

History of Section. P.L. 1985, ch. 494, § 1; P.L. 1986, ch. 298, § 1; P.L. 1990, ch. 320, § 5.

46-13.1-4. Groundwater classification.

  1. For the purpose of protecting existing, proposed, or potential drinking water supplies, the director shall conduct a survey of all groundwater sources and related groundwater aquifers, watersheds, and deep flow recharge areas. Upon completion of the survey, the director shall designate the groundwater sources under one of the following classifications:
    1. GAA — groundwater sources suitable for public drinking water use without treatment;
    2. GA — groundwater sources which may be suitable for public or private drinking water without treatment;
    3. GB — groundwater sources which may not be suitable for public or private drinking water without treatment due to known or presumed degradation;
    4. GC — groundwater sources which may be suitable for certain waste disposal practices because past or present land use or hydrogeologic conditions render the groundwaters more suitable for receiving permitted discharges than for development as public or private water supply.
  2. The director shall develop water quality standards for each classification which specify maximum contaminant levels for each classification. The approach for establishing the water quality standards shall include appropriate criteria established by the United States Environmental Protection Agency to protect the uses of groundwater as designated by the director. Water quality standards shall be used to promote restoration of groundwater to drinking water quality without treatment except where the groundwater is:
    1. In a zone of discharge otherwise permitted by the provisions of the general laws;
    2. Classified as GB and there exists no demonstrated present or future need to upgrade to GA; or
    3. Classified as GC.
  3. The director shall also develop a preventive action limit for each maximum contaminant level for each classification. In determining the percentage of the maximum contaminant level to be used as a preventive action limit for each contaminant, the director shall take into account whether the contaminant is a toxic pollutant and, if so, whether it has carcinogenic, mutagenic, or teratogenic properties or interactive effects. The director shall promulgate rules setting forth the range of responses that he or she may take, or that he or she may require the person, corporation, or other entity controlling a facility, activity, or practice that is a source of the contaminant to take, if the preventive action limit is attained or exceeded. The responses shall be designed to:
    1. Minimize the concentration of the contaminant in the groundwater where technically and economically feasible;
    2. Regain and maintain compliance with the preventive action limit, unless the director determines that the preventive action limit is either not technically or not economically feasible, in which case he or she shall achieve compliance with the lowest possible concentration that is technically and economically feasible; and
    3. Ensure that the maximum contaminant level is not attained or exceeded.
  4. The director shall complete duties assigned under this section on or before February 28, 1989.

History of Section. P.L. 1985, ch. 494, § 1; P.L. 1986, ch. 298, § 1.

46-13.1-5. Groundwater protection study.

  1. The department of environmental management is hereby authorized to conduct a statewide groundwater protection study to include:
    1. A complete and updated hydrogeologic study depicting the quantities and qualities of groundwater that could be available to specific areas for private or public drinking water;
    2. Present and projected demands for water for specific areas;
    3. Recommendations for the utilization of the state’s groundwater resources, including integrated use with surface waters, for their greatest benefits;
    4. Recommendations for such major engineering works or special districts which may be necessary, including the need, timing, and general cost thereof;
    5. Recommendations for land use and other measures where appropriate. Pursuant to groundwater classifications as specified in § 46-13.1-4 , to insure the desired quality and abundance of water;
    6. Consideration of the land and water resource needs of residential, recreational, agricultural, industrial, and commercial interests; and
    7. Recommendations for regional and local planning and programs for water use and management of land resources interfacing with groundwater resources.
  2. The director shall report the findings and recommendations of the groundwater protection study to the general assembly on or before February 28, 1988.
  3. The department of environmental management is hereby directed to make recommendations to identify the physical location of significant aquifers and the identification of any actual or potential harms to those aquifers, and the development of a plan to protect the aquifers from the identifiable harms.
  4. The director shall report the findings and recommendations of this portion of the groundwater protection study to the general assembly on or before February 28, 1987.

History of Section. P.L. 1985, ch. 494, § 1; P.L. 1986, ch. 298, § 1.

46-13.1-6. Severability.

If the provisions of this chapter or the application thereof to any person or circumstances is held invalid, any invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.

History of Section. P.L. 1985, ch. 494, § 1.

46-13.1-7. Repealed.

Repealed Sections.

This section (P.L. 1985, ch. 494, § 1; P.L. 1986, ch. 298, § 1; P.L. 1987, ch. 408, § 1; P.L. 1988, ch. 84, § 116; P.L. 1989, ch. 263, § 1; P.L. 1995, ch. 149, § 2; P.L. 2001, ch. 180, § 153), concerning the clean drinking water and groundwater standards commission, was repealed by P.L. 2009, ch. 288, § 4, effective November 12, 2009, and P.L. 2009, ch. 341, § 4, effective November 13, 2009.

46-13.1-8. Administration.

It shall be the duty of the director to administer this chapter in accordance with the specific findings, powers, and authority granted herein and in accordance with the full powers and authority of the director as provided in chapters 17.1 of title 42 and 12 of this title.

History of Section. P.L. 1988, ch. 632, § 1.

46-13.1-9. Wellhead protection.

  1. The director is hereby authorized to promulgate rules and regulations for the implementation of a wellhead protection program for public water supply wells that has received approval from the federal Environmental Protection Agency pursuant to § 1428 of the Federal Safe Drinking Water Act, 42 U.S.C. § 300h-7, and provided that the state shall be responsible for fulfilling program requirements with respect to the state lands located within wellhead protection areas designated as supplying public wells which are owned by the state. The wellhead protection program shall include, but not be limited to:
    1. Identification of the rules and responsibilities of state agencies, local governments, and the suppliers of public water in the development and implementation of the state wellhead protection program;
    2. Identification within each wellhead protection area of potential sources of contaminants that may have an adverse effect on the public health and the environment;
    3. Management approaches at different levels of government and by the supplier to protect the groundwater within each wellhead protection area;
    4. Contingency plans for the response to well or wellfield contamination and for the provision of alternate drinking water supplies;
    5. A process of managing potential sources of contamination within the expected wellhead protection area of new public water supply wells;
    6. Delineation of wellhead protection areas.
  2. The director is authorized to require by regulation that municipalities and suppliers carry out action to implement subdivisions (3) through (5) in subsection (a) of this section. In the case of agricultural operations as defined in § 2-23-4 , the director will retain authority and responsibility for regulating, managing, and implementing approaches in wellhead protection areas.

History of Section. P.L. 1990, ch. 320, § 6; P.L. 1995, ch. 149, § 2.

Collateral References.

Citizen’s cause of action under Safe Drinking Water Act, 42 U.S.C. § 300j-8. 16 A.L.R. Fed. 3d Art. 4 (2016).

Validity, construction, and application of lead limitations and “lead and copper” rule of Safe Drinking Water Act. 16 A.L.R. Fed. 3d Art. 3 (2016).

Chapter 13.2 Drilling of Drinking Water Wells

46-13.2-1. Definitions.

For the purpose of this chapter:

  1. “Building official” means the local building official authorized in accordance with § 23-27.3-107 or the state building code commissioner authorized in accordance with § 23-27.3-108.2 , as applicable;
  2. “Board” means the Rhode Island contractors’ registration and licensing board;
  3. “Person” means an individual, partnership, corporation, association, or organization, or any combination thereof;
  4. “Well” means an artificial sanitary excavation or opening in the ground, by which groundwater can be obtained or through which it flows under natural pressure or is artificially withdrawn; and for the purposes of this chapter, excepting § 46-13.2-3(c) , attached as an appurtenance to a building or structure.
  5. “Well drilling contractor” means a person who engages in well drilling, including the installation pumps as provided herein;
  6. “Well drilling” means and includes the industry, procedure and all operations engaged in by any person, full-time or part-time, for compensation or otherwise, to obtain water from a well or wells by drilling, or other methods, for any purpose or use.
  7. “Appurtenance” means and includes the installation, alteration or repair of wells connected to a structure.

History of Section. P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.

Effective Dates.

P.L. 2012, ch. 241, art. 17, § 7, provides that the amendment to this section by that act takes effect on January 1, 2013.

Comparative Legislation.

Well drilling:

Conn. Gen. Stat. § 25-126 et seq.

Collateral References.

Liability for pollution of stream by oil, water or the like flowing from well, 19 A.L.R.2d 1033.

46-13.2-2. Purpose.

The purpose of this act is to promote public health and welfare and protect the environment by providing specifying standards for the installation of a well and providing a mechanism to ensure that all well drilling contractors conducting business in the state of Rhode Island have the requisite skills, training and experience necessary to safely and adequately install water wells within this state.

History of Section. P.L. 2012, ch. 241, art. 17, § 2.

Effective Dates.

P.L. 2012, ch. 241, art. 17, § 7, provides that this section takes effect on January 1, 2013.

46-13.2-3. Regulations.

  1. The Rhode Island building standards committee, pursuant to § 23-27.3-100.1.5 shall by no later than December 31, 2013, incorporate in the appropriate portions of the state building codes minimum standards for the location, design, construction and installation of wells that are appurtenances to buildings in consultation with the department of health, the division of statewide planning and the department of environmental management, with due regard for the preservation of public health, and protection of public welfare and the environment.
  2. In those circumstances in which compliance with the requirements for locating a new or replacement well would result in undue hardship, property owners may seek a variance from any one or more of the siting requirements, in accordance with the following:
    1. Except as specified in (3), from the building code board of appeals authorized in the municipality with jurisdiction over the property on which the well is proposed;
    2. Except as specified in (3), in the absence of a local building code board of appeals, from the state building code board of appeals; and
    3. From the department of environmental management in all cases in which the well is proposed to be installed as part of an application for the new construction of or repair of an on-site wastewater disposal system. The appropriate authority specified above may grant a variance to the extent necessary to ameliorate the undue hardship and to the extent the exemption can be granted without impairing the intent and purpose of this chapter.
  3. To protect public health and the environment, the Rhode Island department of environmental management is authorized to promulgate regulations applicable to the owners of on-site wastewater systems that limit the installation of any type of well, including wells installed for irrigation systems, near the on-site wastewater treatment systems on the owner’s property.

History of Section. P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.

Effective Dates.

P.L. 2012, ch. 241, art. 17, § 7, provides that the amendment to this section by that act takes effect on January 1, 2013.

46-13.2-4. Registration and licensing of well drilling contractors and pump installers.

  1. No person shall install a well or a pump within a water well unless registered or licensed with the proper authorities in accordance with this chapter, chapter 65 of title 5, and chapter 65.2 of title 5. Well drilling contractors are subject to the jurisdiction of the contractors’ registration and licensing board including the registration procedures of the board authorized by chapter 65 of title 5 and in effect at the time of passage of this act.
  2. A municipality engaged in well drilling shall be exempt from the registration or license provisions of this chapter if the drilling is done by regular employees of, and with equipment owned by, the municipality, and the work is on wells intended for use by the municipality.
  3. This chapter shall not restrict a plumber or electrician from engaging in the trade for which he or she has been licensed.

History of Section. P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.

Effective Dates.

P.L. 2012, ch. 241, art. 17, § 7, provides that the amendment to this section by that act takes effect on January 1, 2013.

46-13.2-5. Record of wells.

Within ten (10) days after completion of a new or replacement well, a well drilling contractor shall provide the owner, the building official and the department of health a well installation report conforming to the form, content, and means specified by the department of health. This well installation report will at a minimum indicate:

  1. The well owner’s name and address,
  2. The physical location of the well,
  3. The well depth,
  4. The geologic materials and thickness of materials penetrated,
  5. The length and type of casing,
  6. The static water levels,
  7. The results of a well yield test that conforms to industry standards, and
  8. Any other additional information which may be required by the department of health.

History of Section. P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.

Effective Dates.

P.L. 2012, ch. 241, art. 17, § 7, provides that the amendment to this section by that act takes effect on January 1, 2013.

46-13.2-6. Repealed.

History of Section. P.L. 1987, ch. 257, § 2; Repealed by P.L. 2012, ch. 241, art. 17, § 7, effective January 1, 2013.

Compiler’s Notes.

Former § 46-13.2-6 concerned wells constructed for oil, gas, brine, or mining.

46-13.2-7. Well constructed for farming or private use.

A landowner may construct his or her own well to provide water for the consumption by himself or herself, his or her family, pets, livestock, or for farming of his or her land where the water obtained shall not be intended for use by the general public or in any residence other than the landowner’s, and the landowner shall not be required to be registered under § 46-13.2-4 , but must submit a well installation report as required by § 46-13.2-5 and comply with all regulations and codes of construction adopted under this chapter and § 23-27.3 and comply as applicable with requirements of § 23-1-5.3 .

History of Section. P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.

Effective Dates.

P.L. 2012, ch. 241, art. 17, § 7, provides that the amendment to this section by that act takes effect on January 1, 2013.

46-13.2-8. Repealed.

History of Section. P.L. 1987, ch. 257, § 2; Repealed by P.L. 2012, ch. 241, art. 17, § 7, effective January 1, 2013.

Compiler’s Notes.

Former § 46-13.2-8 concerned exemptions.

46-13.2-9. Existing and abandoned wells.

No well in existence on July 1, 1987 shall be required to conform to the provisions of this chapter or any rules or regulations adopted pursuant thereto; provided any well now or hereafter abandoned, shall be brought into compliance with the regulations adopted pursuant to this chapter if the well is intended again to be used for the supply of groundwater.

History of Section. P.L. 1987, ch. 257, § 2.

46-13.2-10. Repealed.

History of Section. P.L. 1987, ch. 257, § 2; Repealed by P.L. 2012, ch. 241, art. 17, § 7, effective January 1, 2013.

Compiler’s Notes.

Former § 46-13.2-10 concerned violations.

46-13.2-11. Duties and powers of department of health not affected.

Nothing in this chapter shall be construed to affect or limit the duties and powers of the department of health as provided by law, in matters relating to the purity, potability, and safe guarding of well waters.

History of Section. P.L. 1987, ch. 257, § 2.

46-13.2-12. Severability.

If any clause, sentence, paragraph, or part of this chapter shall for any reason be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof, directly involved in the controversy in which the judgment shall have been rendered.

History of Section. P.L. 1987, ch. 257, § 2.

Chapter 14 Contamination of Drinking Water

46-14-1. Contamination of drinking water sources prohibited.

Bathing, swimming, discharge of any sewage or drainage or refuse or polluting matter which may pollute or corrupt or impair the purity or quality of a public drinking water supply or which renders the water supply injurious to health or poses a potential significant risk to public health and any activity which leads to such discharge in, or on, or in the immediate vicinity of any water body used as a source of public drinking water supply shall be prohibited. In addition, any other activity in or on or in the immediate vicinity of any water body used as a source of public drinking water supply which the director of the department of health deems to render the water supply injurious to health or to pose a potential significant risk to public health shall be prohibited or restricted. Any person violating any of the provisions of this section shall be penalized pursuant to the provisions of § 46-14-8 . The prohibition against bathing shall not apply to any camp or bathing resort located on a known tributary of any of the above-mentioned waters if such camp or bathing resort was licensed by the department of health prior to June 20, 1968.

History of Section. P.L. 1897, ch. 491, § 1; P.L. 1904, ch. 1178, § 1; G.L. 1909, ch. 118, § 1; P.L. 1911, ch. 683, § 1; G.L. 1923, ch. 165, § 1; G.L. 1938, ch. 635, § 1; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 46-14-1 ; P.L. 1964, ch. 108, § 1; P.L. 1968, ch. 251, § 1; P.L. 1970, ch. 48, § 1; P.L. 1973, ch. 198, § 1; P.L. 1991, ch. 73, § 1.

Cross References.

Poisoning with intent to kill, penalty, § 11-16-5 .

Comparative Legislation.

Protection:

Conn. Gen. Stat. § 25-32 et seq.

Mass. Ann. Laws ch. 111, § 167 et seq.

Collateral References.

Measure and elements of damages for pollution of well or spring. 76 A.L.R.4th 629.

Percolating waters, pollution by cemeteries. 55 A.L.R. 1385; 109 A.L.R. 408.

Pollution of subterranean waters as nuisance. 38 A.L.R.2d 1285.

Subterranean waters, liability for pollution of. 38 A.L.R.2d 1265.

46-14-2. Order to remove polluting matter from premises.

  1. The director of health, when satisfied that any sewage, drainage, refuse, or polluting matter exists in a locality such that there is danger that the sewage, drainage, refuse, or polluting matter may pollute, or corrupt, or impair the purity or quality of any of the waters described in § 46-14-1 or render them injurious to health, or pose a potential significant risk to public health may order the owner or occupant of the premises where the sewage, drainage, refuse, or polluting matter exists, to remove the same from the premises or to take such other steps as the director may deem necessary and within such time after the serving of the notice prescribed in § 46-14-3 as the director may designate; and if the owner or occupant neglects or refuses to do so he or she shall be penalized pursuant to § 46-14-8 .
  2. The provision of this section shall not interfere with nor prevent the enriching of land for agricultural purposes by the owner or occupant thereof, if no human excrement is used thereon, and no pollution, corruption, or impairment of the purity or quality of any of the waters described in § 46-14-1 results, and if the waters are not rendered injurious to health.

History of Section. P.L. 1897, ch. 491, § 2; P.L. 1904, ch. 1178, § 2; G.L. 1909, ch. 118, § 2; G.L. 1923, ch. 165, § 2; G.L. 1938, ch. 635, § 2; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 46-14-2 ; P.L. 1968, ch. 251, § 1; P.L. 1970, ch. 48, § 2; P.L. 1991, ch. 73, § 1.

46-14-2.1. Contamination of private well — Notice to municipal water supply agency.

Any state department or agency which discovers or receives information that a private well or water supply has become contaminated, which contamination may pose a potential danger to the local public water supply, shall, upon receipt of the information, provide written notification to the local public water supply agency and the chief executive officer of the city or town where the well is located of the potential contamination.

History of Section. P.L. 1989, ch. 278, § 1; P.L. 1992, ch. 357, § 1.

46-14-2.2. Contamination of local water supply — Notice to city or town.

If the state department of health discovers that a water supply to a municipality has become contaminated, which contamination may pose a potential danger to the public, the director of health shall, within forty-eight (48) hours of the discovery of the contamination, notify the city or town council of every city and town whose water supply is affected by the contamination.

History of Section. P.L. 1995, ch. 66, § 1; P.L. 1996, ch. 296, § 1; P.L. 2007, ch. 340, § 47.

46-14-3. Service of notice.

The notice shall be in writing, signed by the director of health or the person performing the duties of that official, and shall be served by any sheriff, deputy sheriff, or constable by reading the notice in the presence or hearing of the owner, occupant, or his or her authorized agent, or by leaving a copy of the notice in the hands or possession of, or at the last and usual place of abode of, the owner, occupant, or agent if within this state; provided, however, that if the owner, occupant, or agent is a corporation incorporated in this state, the notice shall be served by leaving a copy thereof at the last and usual place of abode of the president or person performing the duties of president of the corporation. But if the premises are unoccupied, or the residence of the owner is unknown or without this state, or if the owner is a corporation incorporated without this state, the notice may be served by posting a copy of the notice on the premises and by advertising the notice in some newspaper published in Providence County in such manner and for such length of time as the director of health may determine.

History of Section. P.L. 1897, ch. 491, § 3; P.L. 1904, ch. 1178, § 3; G.L. 1909, ch. 118, § 3; G.L. 1923, ch. 165, § 3; G.L. 1938, ch. 635, § 3; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 46-14-3 .

46-14-4. Prosecutions of violations — Liability for costs.

The director of health, the commissioner of environmental management or the director of the department of environmental management until such time as the governor provides by executive order for the actual transfer of functions from the department of environmental management to the department of the environment pursuant to the provisions of § 42-17.1-40, the chief of police of any city or town in which a violation of this chapter occurs, or the president of the town council of any town, or the mayor of any city, or the executive officer of any district, institution, or company whose water supply is involved, is authorized to prosecute all violations of this chapter and shall not be required to give surety for costs upon complaints he or she enters.

History of Section. P.L. 1897, ch. 491, § 4; P.L. 1904, ch. 1178, § 4; G.L. 1909, ch. 118, § 4; G.L. 1923, ch. 165, § 4; G.L. 1938, ch. 635, § 4; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 46-14-4 ; P.L. 1968, ch. 251, § 1; P.L. 1970, ch. 48, § 3; P.L. 1991, ch. 73, § 1.

46-14-5. Judicial aid in enforcement.

The superior court, upon the application of the director of health, or the commissioner of environmental management or the director of the department of environmental management until such time as the governor provides by executive order for the actual transfer of functions from the department of environmental management to the department of the environment pursuant to the provisions of § 42-17.1-40, or the chief of police of any city or town in which a violation of this chapter occurs, or the president of the town council of any town, or the mayor of any city or the executive officer of any district, institution, or company whose water supply is involved in that violation, shall have jurisdiction in equity to enjoin the violation of any of the provisions of this chapter and to enforce the orders of the director made pursuant thereto.

History of Section. P.L. 1897, ch. 491, § 5; P.L. 1904, ch. 1178, § 5; G.L. 1909, ch. 118, § 5; P.L. 1911, ch. 683, § 2; G.L. 1923, ch. 165, § 5; G.L. 1938, ch. 635, § 5; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 46-14-5 ; P.L. 1964, ch. 108, § 1; P.L. 1970, ch. 48, § 4; P.L. 1991, ch. 73, § 1.

46-14-6. Inspection of premises.

In order to enforce the provisions of this chapter, the director of health shall have the power to go upon the premises of any person for the purpose of inspection.

History of Section. G.L. 1956, § 46-14-6 ; P.L. 1964, ch. 108, § 2.

46-14-7. Repealed.

Repealed Sections.

This section (G.L. 1956, § 46-14-7 ; P.L. 1969, ch. 42, § 1) was repealed by P.L. 1970, ch. 48, § 5.

46-14-8. Penalties.

  1. Civil penalty.  Any person who violates the provisions of this chapter, or any rule, regulation, or order issued pursuant thereto, shall be subject to a civil penalty of not more than five thousand dollars ($5,000) for each day during which the violation occurs.
  2. Criminal penalty.
    1. Any person who shall be found guilty of violating, willfully or with criminal negligence, any of the provisions of this chapter, or of any rule, or regulation issued pursuant thereto, or an order of the director, shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.
    2. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or by any rule, regulation, or order issued under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, or by any permit, rule, regulation, or order issued under this chapter, shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) for each instance of violation or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

History of Section. P.L. 1991, ch. 73, § 2.

46-14-9. Rules and regulations.

The director of the department of health may promulgate such rules and regulations as shall be deemed necessary to effect the provisions of this section.

History of Section. P.L. 1991, ch. 73, § 2.

Chapter 15 Water Resources Management

46-15-1. Legislative declaration.

The general assembly hereby finds and declares that:

  1. The state of Rhode Island has been endowed with many and abundant sources of water supplies located advantageously, for the most part, throughout the state. The proper development, protection, conservation, and use of these water resources are essential to the health, safety, and welfare of the general public, and to the continued growth and economic development of the state;
  2. In recent years it has become increasingly apparent that water supply management, protection, development, and use must be fully integrated into all statewide planning, and rivers and watershed planning and management processes, and that the allocation of the state’s water resources to all users, purposes, and functions, including water to sustain our natural river and stream systems and natural biotic communities, must be equitably decided and implemented under a process which emphasizes efficiency of use and management, minimization of waste, protection of existing supplies, demand management, drought management, conservation, and all other techniques to ensure that our water resources serve the people of Rhode Island for the longest time, in the most efficient use, and in an environmentally sound manner;
  3. The character and extent of the problems of water resource development, utilization, and control, and the widespread and complex interests which they affect, demand action by the government of the state of Rhode Island in order to deal with these problems in a manner which adequately protects the general welfare of all the citizens of the state;
  4. In order to retain and encourage the expansion of our present industries, and to attract new industries, and to promote the proper growth and desirable economic growth of the entire state, and to sustain the viability of water resource-dependent natural systems, agriculture, and recreation, state government must play an active role in fostering and guiding the management of water resources;
  5. There are state and municipal departments, special districts, private firms, and other agencies in the state who have capabilities and experience in the design, construction, operation, and financing of water supply and transmission facilities, which capabilities and experience must be brought to bear on the total problem of water resources development in a coordinated manner if the proper development, conservation, apportionment, and use of the water resources of the state are to be realized; and
  6. It shall be the duty of the water resources board to regulate the proper development, protection, conservation and use of the water resources of the state.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 2004, ch. 159, § 2; P.L. 2004, ch. 254, § 2.

Compiler’s Notes.

In 2021, “and Providence Plantations” was deleted following “state of Rhode Island” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

Repealed Sections.

Former chapter 15 of this title, consisting of §§ 46-15-1 — 46-15-28 (G.L. 1956, §§ 46-15-1 46-15-19 , 46-15-24; P.L. 1967, ch. 156, §§ 1, 8-11; P.L. 1968, ch. 197, § 2; P.L. 1969, ch. 232, § 1; P.L. 1971, ch. 54, § 1; P.L. 1971, ch. 231, § 1; P.L. 1975, ch. 32, § 2; P.L. 1977, ch. 119, § 1; P.L. 1977, ch. 182, § 4; P.L. 1980, ch. 12, § 1; P.L. 1981, ch. 80, § 4; P.L. 1985, ch. 181, art. 29, § 16; P.L. 1986, ch. 279, § 1; P.L. 1986, ch. 348, §§ 4, 5; P.L. 1987, ch. 257, § 1), concerning the water resources board, was repealed by P.L. 1990, ch. 461, § 3, as amended by P.L. 1992, ch. 133, art. 114, § 3, effective July 1, 1993.

46-15-1.1. “Water supply system” defined.

“Water supply system” means, but is not limited to, a system which sells water registered through a metering device or pumps over fifty (50) million gallons of water per year.

History of Section. P.L. 1999, ch. 461, § 6.

Compiler’s Notes.

In 1999, the compiler substituted the section heading for “definitions” and made stylistic changes near the beginning of the section.

46-15-2. Approval of public water supply facilities.

  1. No municipal water department or agency, public water system, including special water districts or private water company, engaged in the distribution of water for potable purposes shall have any power:
    1. To acquire or take a water supply or an additional water supply from an existing approved source;
    2. To take or condemn lands for any new or additional sources of water supply or for the utilization of supplies;
    3. To extend its supply or distribution mains into a municipality or special water district wherein it has not heretofore legally supplied water;
    4. To construct any extension of its transmission mains;
    5. To extend the boundaries of a special water district; or
    6. To supply water in or for use in any other municipality or civil division of the state which owns and operates a water supply system therein, or in any duly organized special water district supplied with water by another municipal water department or agency, special water district, or private water company, until the municipal water department or agency, special water district, or private water company has first submitted the maps and plans therefor to the director of the department of health, the state planning council and the board, as hereinafter provided, and until the water resources board, after receiving the recommendations of the director of the department of health and the division of statewide planning, shall have approved the recommendations or approved the recommendation with modifications as it may determine to be necessary; provided, however, this subsection shall not apply to any area presently served by any municipal water department or agency, or special water district.
  2. Approval shall not be necessary of any plan or work for the extension of supply or distributing mains or pipes of a municipal water supply plant or special district or private water company into and for the purpose of supplying water in any territory within the limits of the municipality or special district or within the franchise area of the private water company, owning the plant, including territory within the municipal special district or franchise limits which has not been heretofore supplied with the water by the plant, nor for the reconstruction or replacement of existing facilities in connection with an existing plant, wherein the capacity of the plant is in no way increased, nor for the construction of filtration or other treatment facilities which will not in any way increase the amount of water which can be made available from the present sources of supply.
  3. The water resources board shall enforce the provisions of this section, and the superior court by injunction may, upon application of the water resources board, prevent any action to be taken by any municipal water agency or department, special district, or private water company without the approval of the water resources board as required by this section.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-3. Review of public water supply facilities.

The water resources board shall review all proposals and plans for public water supply systems in accordance with the procedures established in this chapter and shall, with respect to each proposal:

  1. Make findings concerning the location of existing and potential sources of contamination of the public water supply system;
  2. Assess the actual and potential impact of existing and potential sources of contamination of the public water supply system;
  3. Prepare recommendations concerning the location, construction, and treatment of the public water supply system; and
  4. Report its findings, assessment, and recommendation to the directors of health and the division of planning.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-4. Procedure for approval of maps and plans.

  1. Whenever the approval of any project as provided in this chapter is required, the application shall be made by the petitioner in writing, the application shall be accompanied by proof of adequate authorization for the project, and such exhibits as may be necessary clearly to indicate the scope of the proposed project, including, but not limited to, a map of the lands to be acquired, if any, and preliminary plans of the works proposed to be constructed. The application shall also show, where applicable, the need for the particular source or sources of supply and the reasons therefor, and shall also indicate the method of determining and providing for the payment of the proper compensation for any and all legal damages to persons or property, whether direct or indirect, which will result from the acquiring of the lands and the execution of the plans. The petition shall also be accomplished by such proof as to the character and purity of the water supply proposed to be acquired or used as the director of the department of health shall require and any proposed method of treatment of the supply.
  2. The water resources board shall thereupon cause public notice to be given in a newspaper of general circulation, at least seven (7) days prior, that on a day and at a place therein specified it will hold a public hearing for the purpose of receiving evidence and hearing arguments from all persons and organizations that may be affected by the proposed project, including the recommendations of the director of the department of health and of the state planning council.
  3. The water resources board shall, upon the day specified in the notice, or upon such subsequent day or days to which it may adjourn the hearing, proceed to examine the maps and plans and to hear the proofs and arguments submitted in support of and in opposition to the proposed project. The water resources board, after a hearing, shall determine whether the plans proposed are justified by public necessity, whether they provide for the proper and safe construction of all work connected therewith, whether they provide for the proper protection of the supply and the watershed from contaminations or provide for the proper treatment of an additional supply, whether the plans are just and equitable to the other municipalities affected thereby and to the inhabitants thereof, particular consideration being given to their present and future necessities for sources of water supply, and whether the plans make fair and equitable provisions for the determination and payment of any and all legal damages to persons and property, both direct and indirect, which will result from the execution of the plans or the acquiring of those lands.
  4. The water resources board shall within ninety (90) days after the close of the hearing, and after consideration of the recommendations of the director of the department of health and of the state planning council, make a final decision in writing, either approving the application, maps, and plans as presented, or under such conditions or with such modifications in the application, maps, and plans as may be determined to be necessary to provide satisfactory compliance by the applicant with any and all of the subjects and matters required to be determined by the water resources board in this subsection, or to bring into cooperation all persons, municipal water departments or agencies, special water districts, or private water companies which may be affected by the project; or it may reject the application entirely or permit another to be filed in lieu thereof, but it shall, however, make a reasonable effort to meet the needs of the applicant, with due regard to the actual or prospective needs, interests, and rights of others which may be affected by the proposed projects.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-5. Water supply to other states.

  1. No municipal water departments or agencies, special water districts, or private water companies shall transport or carry through pipes, conduits, ditches, or canals, the waters of any fresh water lake, pond, brook, river, stream, or creek in this state or any well, subsurface, or percolating waters of this state into any other state for use therein except where the consent in writing of the water resources board has been obtained.
  2. A petition in writing for that consent must be filed with the water resources board accompanied by such plans and documents as the water resources board may require. The provisions of § 45-15-4 shall, so far as practicable, apply to all proceedings to be had subsequent to the filing of the petition as if the petition were one filed pursuant to the provision of § 46-15-4 .
  3. The water resources board shall enforce the provisions of this section, and the superior court, by injunction, may, upon an application of the director, prevent any unauthorized diversion or transportation.
  4. Nothing contained herein shall be construed to affect any contracts or other arrangements in existence on September 1, 1990, wherein a municipal water department or agency, special water district, or private water company is supplying to and/or purchasing water from any agency or other entity in another state.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-6. Supply of water to other water supply systems.

  1. On any application for a new or additional water supply or source of water supply, the water resources board, after obtaining the recommendations of the director of the department of health and the division of planning, may require or authorize any applicant to make provisions for the supply and to supply water to any area of the state which, as determined by the water resources board in its decision on that application, properly should be supplied with water from the source or sources of water supply sought by the applicant.
  2. Any municipal water department or agency, special water district, or private water company within the area may apply to the water resources board for the right to take water from that source of water supply or from any part of the water supply system of the applicant supplied in whole or in part from that source. If the water resources board requires, or if it approves the application, it shall be the duty of the applicant to supply water, subject to such requirements as the water resources board may impose.
  3. The amount of water to be taken and the price to be paid therefor may be agreed upon between the applicant and the taker of the water, or if they cannot agree, fair and reasonable amounts and rates shall be fixed by the administrator of public utilities and carriers; provided, further, that nothing contained in this section shall be construed as diminishing the powers of the administrator of public utilities and carriers in respect to rates of water suppliers subject to his or her jurisdiction.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 1999, ch. 461, § 1; P.L. 2007, ch. 340, § 48.

46-15-6.1. Repealed.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 1999, ch. 461, § 1; Repealed by P.L. 2011, ch. 151, art. 9, § 11, effective July 1, 2011.

Compiler’s Notes.

Former § 46-15-6.1 concerned assistants, employees and support provided.

46-15-7. Authority to enter upon lands and waters for purpose of survey.

The water resources board, its assistants, consultants, employees, subordinates, engineers, surveyors, or other agents or servants, upon giving due notice of intent and purpose, without being liable for trespass, shall have the right, with the consent of the landowner, to enter in, over, and onto any lands or waters in the state along with the equipment and devices as may be necessary and appurtenant for the conducting of examinations, investigations, appraisals, surveys, or other studies and for the making of test pits, pumping tests, borings, and other forms of geologic investigations; provided, however, that in the event the landowner refuses to consent to the entry, the water resources board may petition the superior court for the county in which the lands and waters are located for such authorization which shall be granted upon a showing by the water resources board that the entry is necessary for the implementation of the plans and programs of the board. The petition shall be granted priority on the miscellaneous court calendar. Any landowner whose property is damaged by virtue of the authorization granted herein shall have all of the rights, and shall be subject to all of the limitations, set forth in chapter 31 of title 9.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-8. Rules and regulations.

The water resources board is hereby authorized and empowered to make general rules and regulations and to take such actions and issue such orders as may be required for the enforcement of this chapter, and the rules and regulations, in addition hereto and not inconsistent herewith.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-9. Powers of health department and department of environmental management not affected.

Nothing contained herein shall be construed to affect the powers granted to the department of health and the department of environmental management pursuant to chapters 12 — 14 and chapter 16 of this title.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-10. Public nuisances — Abatement.

  1. Any violation of any provision of this chapter, any rule or regulation promulgated pursuant to this chapter, or any term or condition of any permit, shall constitute a public nuisance. Any person, municipality, municipal water department or agency, special water district, or private water company, committing a violation shall be liable for the costs of abatement of any pollution and any public nuisance caused by the violation. The superior court is hereby given jurisdiction over actions to recover the costs of the abatement.
  2. Any activity or condition declared by this chapter to be a nuisance or which is otherwise in violation of this chapter, shall be abatable in the manner provided by law or equity for the abatement of public nuisances. In addition, the water resources board may proceed in equity to abate nuisances or to restrain or prevent any violation of this chapter.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-11. Penalties and remedies.

  1. It shall be the duty of any person to comply with any order issued pursuant to this chapter. If the person fails to comply with the order within such time, if any, as may be specified, the order may be enforced by the superior court, upon application made by the water resources board.
  2. Any person who willfully or negligently violates any provision of this chapter, or any rule or regulation or other order promulgated by the water resources board, or any condition of any permit issued pursuant to the chapter, is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five hundred ($500) dollars for each separate offense or to imprisonment for a period of not more than one year, or both.
  3. In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this chapter, any rule or regulation pursuant to this chapter, or any term or condition of any permit issued pursuant to this chapter, the water resources board may assess a civil penalty upon a person for the violation. The penalty may be assessed whether or not the violation was willful or negligent. When the water resources board assesses a civil penalty, it shall inform the person of the amount of the penalty. The person charged with the penalty shall then have thirty (30) days to pay the penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, the person shall, within the thirty (30) day period, file an appeal of the action with the water resources board. Failure to appeal within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty which may be assessed pursuant to this section is five thousand dollars ($5,000) per day for each violation. Each violation for each separate day and each violation of any provision of this chapter, any rule or regulation under this chapter, any order of the water resources board, or any term or condition of a permit shall constitute a separate and distinct offense under this section.
  4. The penalties and remedies prescribed shall be deemed concurrent, and the existence of or exercise of any remedy shall not prevent the water resources board from exercising any other remedy hereunder.
  5. Violations on separate days shall constitute separate offenses for purposes of this chapter.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-12. Cemeteries affecting water supply.

  1. In the event that any sites, lands, or other property acquired by the board pursuant to chapter 15.1 of this title, and/or in accordance with chapter 6 of title 37, as amended, for the purpose of constructing or maintaining a reservoir or other terraneous or subterraneous supply, transmission, or distribution of potable water, contain any burial ground, cemetery, historic cemetery, graves, or places of human burial, and if these places are to be flowed by water or are located so near to the reservoir or other water source as to be likely to pollute or reduce the quality or value of the waters as a potable water supply, the water resources board shall remove the remains found in the burial places.
  2. The removal is to be under the direction of a qualified funeral director and with the approval of the next of kin of the deceased, and at the expense of the water resources board. However, notwithstanding the foregoing, the board shall only be liable for those expenses associated with removal of the remains and existing headstone, and transfer and reinterment of the remains within the state of Rhode Island. In the event that the next of kin desires to have the remains transported or reinterred outside of the boundaries of the state of Rhode Island, any and all expenses related to the transportation and reinterment outside of the state of Rhode Island shall be the responsibility of the next of kin.
  3. No cadaver or remains shall be removed by the water resources board unless the water resources board shall give notice by certified mail to the nearest of kin known to the water resources board, and/or, in the case where no kin is known to the water resources board, by advertising in one or more daily newspapers having circulation within the town or city wherein the cemetery is located, at least once a week for three (3) successive weeks. The advertisement shall set forth the names of the deceased and the date of death, if the information is known or otherwise reasonably discernible from available records, as well as, the present location of the cemetery or burial site.
  4. In the event that no kin is known or that the nearest of kin shall neglect or refuse to approve the removal and reinterment, the water resources board shall cause the cadavers or remains to be removed, transferred, and interred in such other cemetery in accordance with the laws, rules, and regulations of the religious denomination, if any shall be known or ascertained, to which the deceased subscribed. The water resources board may, at its option, furnish a place or places for these burials, and may establish a general burial ground or grounds therefor, and may acquire by purchase or condemnation any lands needed therefor. No general burial ground or grounds shall be established in any town without the prior approval of the town council of the town of the location or locations thereof.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-13. Water supply planning.

The division of planning shall study and evaluate the needs of the state for current and future water supply and shall have the following powers:

  1. To formulate and maintain a long range guide plan and implementing program for development of major water resources and transmission systems needed to furnish water to regional or local public water systems as part of the state guide plan adopted pursuant to § 42-11-10 .
  2. To provide for cooperative development, conservation, and use of water resources by the state, municipal agencies or departments, water resources board, and public water systems, including special water districts and privately owned public water systems, the division of planning may:
    1. Divide the state into areas for the purpose of providing water supply facilities;
    2. Designate municipal water departments or agencies, special districts, or privately owned public water systems to perform area-wide water supply operations within each area.
  3. To review all plans and proposals for construction or installation of facilities for water supply for conformance with the state guide plan in accordance with § 46-15-2 and report its findings to the water resources board.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-14. Emergencies and imminent hazards.

The division of planning, subject to the approval of the governor, shall promulgate an adequate plan for the provision of safe drinking water for the inhabitants of the state when a water emergency has been declared by the governor. A water emergency shall include floods or situations in which water supplies are insufficient to meet the needs of the inhabitants of the state either through a water shortage or contamination of water supplies. In a water emergency, the governor may take such actions and issue such orders as may be necessary to implement the plan, including the imposition of conservation measures and the allocation of water supplies. The actions and orders may be directed to state agencies, municipalities, or entities engaged in the sale of water to the public. Notwithstanding the foregoing, the responsibility for setting rates for the purchase and sale of water shall not be affected by this section.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 2002, ch. 180, § 1.

46-15-15. Consultants.

The water resources board is authorized to employ such technical consultants as may be required by the board for the proper performance of its powers and duties within the limit of funds provided therefor.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-16. Examination of books, records, and accounts.

For the purpose of ascertaining material information relevant to the function of the powers and duties of the water resources board, the water resources board may freely examine at any time the books, records, and accounts of any municipal water department, special water district, or private water company.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-17. Filing reports.

The water resources board, on behalf of the board, may require any municipal water department, special water district, or private water company at a designated time or times, to file with its statements and reports, in such form as it may prescribe, covering any data or information which it deems necessary or proper to enable it to carry into effect the applicable provisions of this chapter.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-18. Relations with other governmental bodies and agencies.

In order to adequately protect the interests of the state in its water resources, the water resources board is hereby authorized to:

  1. Cooperate with the appropriate agencies of the federal government, of the state or other states, or any interstate bureau, group, division, or agency with respect to the use of ground and surface waters, which are without or wholly or partially contained within this state, and to endeavor to harmonize any conflicting claims which may arise therefrom.
  2. Appear, represent, and act for the state in respect to any proceeding before either a federal or state governmental body or agency where the water resources of the state may be affected, and may do and perform such acts in connection therewith as it deems proper to protect the interests of the state.
  3. Present for the consideration of the congress or officers of the federal government, as occasion requires, the just rights of the state in relation to its waters, and institute and prosecute appropriate actions and proceedings to secure those rights, and defend any action or proceeding calculated to impair those rights.
  4. Facilitate, encourage and support water resources management on a watershed basis, in a manner that supports systems level planning.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 2004, ch. 159, § 2; P.L. 2004, ch. 254, § 2.

46-15-19. Construction of references.

Whenever in any general or public law the words, “water resources coordinating board” or “the director of the department of the environment” shall appear, the same shall be deemed to refer to and to mean the “water resources board” .

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.

46-15-20. Exemption from taxation.

The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state, for the increase of their commerce, welfare, and prosperity, and for the improvement of their health and living conditions, and will constitute the performance of an essential government function, and neither the water resources board nor any municipal water agency, or department, or special water district to whom the water resources board has leased any of its properties or other facilities, shall or may be required to pay taxes or assessments upon or in respect of those properties or facilities acquired, leased, or used by the water resources board under the provisions of this chapter, or upon any improvements constructed on property owned by the board by any municipal water agency, or department, or special water district, or upon the income therefrom; provided, however, the general assembly may direct payments in lieu of taxes to be paid to a city or town in which those properties or facilities are located.

History of Section. P.L. 1990, ch. 461, § 4.

46-15-21. Reporting requirements.

  1. 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:
    1. 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.
    2. The report shall be posted electronically as prescribed in § 42-20-8.2 . The director of the department of administration shall be responsible for the enforcement of the provisions of this subsection.
  2. Forthwith upon passage of this act, and within ninety (90) days of the end of the fiscal year 2006, 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 § 46-31-5 .
  3. 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 § 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 § 46-15-14 ; and actions undertaken for the cooperative development, conservation, and use of state water resources, as prescribed in § 46-15-13 . The report shall be posted electronically as prescribed in § 42-20-8.2 . The director of the department of administration shall be responsible for the enforcement of the provisions of this subsection.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 2006, ch. 104, § 1; P.L. 2006, ch. 126, § 1; P.L. 2007, ch. 340, § 48.

Compiler’s Notes.

Section 46-31-5 , referred to in subsection (b) of this section, was repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

46-15-22. Transfer of powers and functions to the water resources board.

There are hereby transferred to the water resources board:

  1. Those functions of the department of administration which were administered through or with respect to board programs in the performance of strategic planning as defined in § 42-11-10(c) ;
  2. All officers, employees, agencies, advisory councils, committees, commissions, and task forces who were performing strategic planning functions as defined in § 42-11-10(c) ; and
  3. Those duties and functions of the statewide planning program for support to the Rhode Island rivers council.

History of Section. P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 2004, ch. 159, § 2; P.L. 2004, ch. 254, § 2.

46-15-23. Coastal resources management council.

Nothing contained in this chapter shall abrogate or affect the powers and duties of the coastal resources management council under chapter 23 of this title.

History of Section. P.L. 1990, ch. 461, § 4.

Chapter 15.1 Water Supply Facilities

46-15.1-1. Legislative declaration — Water resources board (corporate) — Applicable sections.

The findings and declarations made by § 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: §§ 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 .

History of Section. P.L. 1970, ch. 304, § 1; P.L. 1999, ch. 461, § 2; P.L. 2006, ch. 104, § 2; P.L. 2006, ch. 126, § 2; P.L. 2009, ch. 288, § 7; P.L. 2009, ch. 341, § 7.

Compiler’s Notes.

P.L. 2009, ch. 288, § 7, and P.L. 2009, ch. 341, § 7, enacted identical amendments to this section.

Cross References.

Water facilities assistance program, § 46-15.2-1 et seq.

Comparative Legislation.

Water supply facilities:

Conn. Gen. Stat. § 25-32 et seq.

Mass. Ann. Laws ch. 21, § 8 et seq.

46-15.1-1.1. Repealed.

Repealed Sections.

This section (P.L. 2006, ch. 104, § 3; P.L. 2006, ch. 126, § 3), concerning definitions for small and large water users and public water systems, was repealed by P.L. 2009, ch. 288, § 4, effective November 12, 2009, and by P.L. 2009, ch. 341, § 4, effective November 13, 2009.

46-15.1-2. Board created — Appointment of members.

  1. There is hereby authorized, created and established a water resources board consisting of fifteen (15) members as follows:
    1. Eleven (11) members shall represent the public and shall be appointed by the governor with the advice and consent of the senate as herein provided;
      1. One 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;
      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;
      3. One of whom shall be a professional with expertise in geology and/or hydrology;
      4. One of whom shall be a professional with expertise in engineering with relevance to water supply;
      5. One of whom shall be a professional with expertise in financial planning and/or investment;
      6. One of whom shall be a professional with expertise in land and/or watershed management;
      7. One of whom shall be a representative of a public water system that withdraws more than one hundred thousand (100,000) gallons per day, primarily from a surface water supply;
      8. One of whom shall be a representative of a public water system that withdraws more than one hundred thousand (100,000) gallons per day, primarily from a ground water supply;
      9. One of whom shall be a representative of a water user that withdraws more than one hundred thousand (100,000) gallons per day; and
      10. Two (2) of whom shall be members of the general public.
    2. No person shall be eligible for appointment to the board unless he or she is a resident of this state. The remaining four (4) members are the director of environmental management, the director of the Rhode Island commerce corporation, the associate director of the division of planning within the department of administration, and the director of the department of health.
    3. Members shall serve until their successors are appointed and qualified and shall be eligible to succeed themselves. In the month of February in each year, 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 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.
  2. Those members of the board as of the effective date of this act shall continue to serve until their term expires or they resign, whether or not they meet the criteria set out in subsection (a);
  3. 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 manner as prescribed in (a) of this subsection. Each ex officio member of the board may designate a subordinate within his or her department to represent him or her at all meetings of the board.
  4. Members of the board shall be removable by the governor pursuant to § 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.
  5. 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 § 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.
  6. 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.

History of Section. P.L. 1970, ch. 304, § 1; P.L. 1990, ch. 461, § 5; P.L. 1991, ch. 44, art. 19, § 1; P.L. 1999, ch. 461, § 2; P.L. 2001, ch. 180, § 154; P.L. 2001, ch. 216, § 1; P.L. 2006, ch. 104, § 2; P.L. 2006, ch. 126, § 2; P.L. 2007, ch. 340, § 49; P.L. 2009, ch. 288, § 7; P.L. 2009, ch. 341, § 7.

Compiler’s Notes.

P.L. 2009, ch. 288, § 7, and P.L. 2009, ch. 341, § 7, enacted identical amendments to this section.

Cross References.

Water supply management, § 46-15-1 et seq.

Law Reviews.

For article, “Appointments by the Legislature Under the Rhode Island Separation of Powers Doctrine: The Hazards of a Road Less Traveled,” see 1 Roger Williams U.L. Rev. 1 (1996).

NOTES TO DECISIONS

In General.

The water resources board not being a department or subdivision of the state, its bonded and other indebtedness are not obligations of the state and, hence, are not subject to the restrictions of art. 31, § 1, of the amendments to the state constitution. Opinion to Governor, 107 R.I. 651 , 270 A.2d 520, 1970 R.I. LEXIS 820 (1970).

46-15.1-2.2. Qualifications of members.

  1. Each public member of the board, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.
  2. No member of the board shall be in the employ of, or own any stock in, or be in any way directly or indirectly financially interested in any private corporation or company engaged in the supply, storage, distribution, or sale of water. No member shall, either personally or through a partner or agent, render any professional service or make or perform any business contract with or for any such corporation or company; nor shall any member, directly or indirectly, receive a commission, bonus, discount, present, or reward from any such corporation or company; provided, however, that the limitation set forth herein shall not apply in the case of those public members affiliated with public water systems who receive directors’ fees or other payments for their services with a public water system.

History of Section. P.L. 1990, ch. 461, § 6.

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. Nine (9) voting members of the board constitutes a quorum. 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 of the rights and perform all of the duties of the board.

History of Section. P.L. 1990, ch. 461, § 6; P.L. 1999, ch. 461, § 2; P.L. 2006, ch. 104, § 2; P.L. 2006, ch. 126, § 2; P.L. 2009, ch. 288, § 7; P.L. 2009, ch. 341, § 7.

Compiler’s Notes.

P.L. 2009, ch. 288, § 7, and P.L. 2009, ch. 341, § 7, enacted identical amendments to this section.

46-15.1-2.4. Compensation of members.

  1. The members of the board shall serve without compensation.
  2. The members of the board may also be reimbursed for their actual expenses necessarily incurred in the performance of their duties.

History of Section. P.L. 1990, ch. 461, § 6; P.L. 2005, ch. 117, art. 21, § 33; P.L. 2006, ch. 104, § 2; P.L. 2006, ch. 126, § 2.

46-15.1-3. Repealed.

Repealed Sections.

This section (P.L. 1970, ch. 304, § 1), concerning the compensation of board members, was repealed by P.L. 1981, ch. 80, § 5. For provision of law concerning compensation of water resources board members, see § 46-15.1-2.4 .

46-15.1-4. Purposes.

The purposes of the water resources board under this chapter shall be to carry out the powers and duties of the board set forth in this chapter, including, without limitation, to establish water supply facilities and lease those facilities to cities, towns, districts, and other municipal, quasi municipal or private corporations or companies engaged in the water supply business in Rhode Island, or contract for the use of the facilities by the parties, or sell to those parties the water derived from, carried by, or processed in the facilities.

History of Section. P.L. 1970, ch. 304, § 1; P.L. 1981, ch. 80, § 6; P.L. 1990, ch. 461, § 5.

Cross References.

Powers and duties of water resources board, § 46-15.1-2 .

46-15.1-4.1. “Water supply facilities” defined.

The phrase “water supply facilities” wherever appearing in this chapter and chapter 15 of this title means water reservoirs, wells and well sites, treatment, transmission or distribution systems, stream gauging stations, any and all real estate or interests in real estate held in connection with those, all equipment and improvements held in connection with those, and any and all other property or interests in them, real, personal or mixed, used or held to be used in connection with those.

History of Section. P.L. 1986, ch. 56, § 2; P.L. 1990, ch. 461, § 5; P.L. 1999, ch. 461, § 2; P.L. 2000, ch. 336, § 1.

46-15.1-5. Powers.

  1. The board shall carry out its functions and shall have the following powers:
    1. To adopt a seal and to alter the seal from time to time;
    2. To sue and be sued;
    3. To purchase, hold, and dispose of real and personal property, or interests therein, and to lease the property as lessee or lessor;
    4. To make or cause to be made such surveys and borings as it may deem necessary;
    5. To engage engineering, legal, accounting, and other professional services;
    6. To make contracts;
    7. To employ personnel and fix their rates of compensation;
    8. To borrow money and issue its bonds and notes as hereinafter provided;
    9. To apply and contract for and to expend assistance from the United States or other sources, whether in the form of a grant or loan or otherwise;
    10. To adopt and amend bylaws for the regulation of its affairs and the conduct of its business;
    11. To invest or deposit funds in demand deposits, savings deposits, and time deposits in any bank or trust company which is a member of the Federal Deposit Insurance Corporation or in any obligations issued or guaranteed by the United States or any agency or instrumentality thereof, or as provided in § 35-10-11 ;
    12. To establish, operate, and maintain or lease to others, or contract with others for the use of, such water supply facilities as may be reasonably required for the fulfillment of its purposes;
    13. To purchase and sell water;
    14. To exercise such other powers as may be necessary or incidental to the exercise of the foregoing powers or to the accomplishment of the purposes of the board;
    15. To acquire, within the limitation of funds therefor, the sites, appurtenant marginal lands, dams, waters, water rights, rights of way, easements, and other property in interests in property for reservoirs, groundwater wells, well sites, and for such pipe lines, aqueducts, pumping stations, filtration plants, and auxiliary structures as may be necessary or desirable for the treatment and distribution of water from those reservoirs, groundwater wells, and well sites. Lands acquired under the provisions of this section shall be acquired with the approval of the governor by purchase, gift, devise, or otherwise on such terms and conditions as the board shall determine, or by the exercise of eminent domain, in accordance with the provisions of chapter 6 of title 37, as amended, insofar as those provisions are consistent with the provisions hereof;
    16. To construct or purchase water reservoirs, wells and well sites, processing facilities, transmission or distribution systems, and other facilities, including existing facilities of municipal water agencies or departments, special water districts, or private water companies, necessary to accomplish the purposes of this chapter and to implement its plans and program;
    17. To acquire the assets, assume the liabilities, or to effect the merger into itself of any corporation or other organization, including public or private water supply systems incorporated or organized under the laws of this state, which corporation or organization has as its principal business the establishment of water supply facilities or provision of related services, all upon such terms and for such consideration as the board shall deem to be appropriate;
    18. To lease, sell, or otherwise convey any reservoir sites or other water supply or distribution facilities acquired, constructed, or purchased by the board to any municipal water agency or department or special water district or private water company, upon such terms as the board shall deem appropriate;
    19. To provide for cooperative development, conservation, and use of water resources by the state, municipal agencies or departments, special water districts or privately owned water systems, the board may:
      1. Authorize publicly or privately owned water supply agencies to build structures or install equipment on land owned or leased by the board.
      2. Enter into contracts with publicly or privately owned water supply agencies for operation of any facilities owned or leased by the board or operate any such facility by itself.
    20. To enter into contracts to supply raw or processed water to publicly or privately owned water supply agencies, which shall be approved as to substance by the director of administration and as to form by the attorney general;
    21. To review all plans and proposals for construction or installation of facilities for water supply in accordance with the applicable sections of chapter 15 of this title;
    22. To make loans to publicly owned water supply agencies for acquisition, construction, and renovation of water supply facilities from funds which may be appropriated for this purpose by the general assembly, from bonds issued for this purpose, or from other funds which may become available to the board for this purpose;
    23. To borrow money temporarily from the water development fund, for the purposes of this chapter, and to implement its plans and programs relating to reservoir development, exclusive of the acquisition of sites for the development of surface reservoirs, in anticipation of revenue or federal aid;
    24. To enter into contracts and/or agreements with such departments, divisions, agencies, or boards of the state as are directed by the governor to regulate, manage, or perform related functions on any lands or waters acquired under the provisions of the Big River — Wood River Reservoir Site Acquisition Act (P.L. of 1964, chapter 133); and
    25. To compensate the departments, divisions, agencies, or boards from the water development fund in an amount equal to the cost of providing the functions or services as are directed to be performed by the governor. The compensation shall be mandatory and shall be provided according to procedures established by the department of administration.
  2. The board as a body politic and corporate and public instrumentality created pursuant to this chapter is subject to § 46-15.1-5(1) — (25). The board as the state agency pursuant to chapter 15 of this title is subject to § 46-15.1-5(15) — (25).

History of Section. P.L. 1970, ch. 304, § 1; P.L. 1981, ch. 80, § 7; P.L. 1990, ch. 461, § 5; P.L. 1999, ch. 461, § 2; P.L. 2002, ch. 318, § 1; P.L. 2007, ch. 340, § 49.

Cross References.

General powers and duties of water resources board, § 46-15.1-2 .

NOTES TO DECISIONS

Indebtedness.

Indebtedness incurred under authority of paragraph (h) of this section is not an obligation of the state and is not subject to the limitation of art. 31, § 1, of the amendments to the state constitution (see now R.I. Const., Art. VI, Sec. 16 ). Opinion to Governor, 107 R.I. 651 , 270 A.2d 520, 1970 R.I. LEXIS 820 (1970).

46-15.1-5.1. Powers in support of the Rhode Island rivers council.

Upon the request of the Rhode Island rivers council, the board may exercise any powers set forth in § 46-15.1-5 on behalf of the Rhode Island rivers council in order to accomplish the purposes of the council.

History of Section. P.L. 2004, ch. 159, § 3; P.L. 2004, ch. 254, § 3.

46-15.1-5.2. Duties of the board.

  1. The board shall have the following additional duties:
    1. 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:
      1. 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.
      2. The report shall be posted electronically on the general assembly and the secretary of state’s website as prescribed in § 42-20-8.2 . The director of the department of administration shall be responsible for the enforcement of the provisions of this section.
    2. 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.
  2. The director of the department of administration shall, within ninety (90) days of the effective date of this act [June 16, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.

History of Section. P.L. 2006, ch. 104, § 3; P.L. 2006, ch. 126, § 3; P.L. 2007, ch. 340, § 49.

46-15.1-6. Purchase or lease from state.

The state properties committee is authorized on behalf of the state, from time to time, to sell and convey or lease to the board, for the purposes of this chapter, any property (which may include water sources or the right to take water) held by the state for water supply purposes, or any interest therein. Any such sale of property shall be for fair market value as determined by the board and the state properties committee. Any such lease shall be for a term not exceeding fifty (50) years and shall be for such fair rental value as may be set forth in the lease or determined in accordance with the lease.

History of Section. P.L. 1970, ch. 304, § 1.

46-15.1-7. Purchases from and leases, pledges and sales to others.

  1. Any city, town, district, or other municipal, quasi municipal, or public or private corporation or company engaged in the water supply business in Rhode Island is authorized, from time to time, to sell or otherwise convey to the board any water supply facilities held by that entity, and to lease from the board with or without an option to purchase, or contract with the board for the use of any water supply facilities, or any interest therein, held by the board under this chapter, or to contract to purchase water to be supplied by the board under this chapter. Any city, town, district, or other municipal, quasi municipal, or public or private corporation or company engaged in the water supply business in Rhode Island and constituting a   “public utility” within the meaning of § 39-1-2(a)(20) is further authorized to pledge to the board water fees and charges. The provisions of any other laws or ordinances, general, special, or local, or of any rule or regulation of the state or any municipality, or of any municipal charter provision, restricting or regulating in any manner the power of the state or any municipality to lease (as lessee or lessor) or sell or convey property, real, personal, or mixed, or to pledge water fees and charges shall not apply to leases and sales made with the board pursuant to this chapter.
  2. Any city, town, district, or other municipal, quasi municipal, or public or private corporation or company which so leases water facilities from the board, or so contracts with the board for the use thereof, is authorized, from time to time, to contract with any other public or private water system for the purchase or sale of water to be conveyed or processed through or in such facilities, and the latter is similarly authorized to enter into a contract with the former.
  3. Any lease, pledge agreement or contract under this section shall be for a term not exceeding fifty (50) years. A lease, pledge agreement, or contract may be made by a city, town, or district hereunder, either prior or subsequent to the making of any appropriations which may be needed to carry out the obligations of the city, town, or district under the lease, pledge agreement, or contract. Any such lease, pledge agreement, or contract shall provide for cooperative undertakings between the city, town or district and the board regarding the construction or installation of facilities for water supply being financed.
    1. Notwithstanding any contrary provisions of any other laws or ordinances, general, special or local, or of any rule or regulation of the state or any municipality, or any municipal charter provision, restricting in any manner the power of a municipality to incur debt, the obligations of any city, town, or district, under any lease, pledge agreement or contract shall not be considered indebtedness within the meaning of any limitation of indebtedness or of any provision relating to the manner of authorizing or incurring indebtedness.
    2. Pledges or grants of security interests by a city, town or district hereunder shall be valid and binding from the time when the pledge or grant in security interest is made; the water fees and charges or other monies so pledged and then held or thereafter received by such city, town or district shall be immediately subject to the lien of the pledge without any physical delivery thereof, or further act; and the lien of any such pledge or grant of a security interest shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against such city, town or district, irrespective of whether the parties have notice thereof.
    3. The agreement by which a pledge or grant of a security interest is created need not be filed or recorded except in the records of the board, and no filing need be made under the Uniform Commercial Code.

History of Section. P.L. 1970, ch. 304, § 1; P.L. 1981, ch. 80, § 8; P.L. 1986, ch. 56, § 4; P.L. 1992, ch. 468, § 1; P.L. 2007, ch. 340, § 49.

Compiler’s Notes.

§ 39-1-2(20), referred to in this section, was changed to “§ 39-1-2(a)(20) ” by P.L. 2020, ch. 79, § 2.

46-15.1-8. Funds.

  1. Except as otherwise provided by the board, the funds of the board under this chapter shall be in the custody of the treasurer of the board. The fiscal year of the board under this chapter shall end on June 30 of each calendar year. All payments by the board under this chapter shall be made solely from the funds derived by the board from the exercise of its powers under this chapter. Payments to the state hereunder, in the nature of current expenses, shall be a first charge on the revenues of the project or projects to which the payments relate, and on such other funds as may be available hereunder to pay the current expenses of the project or projects. Payments to the state hereunder in the nature of capital costs shall be a first charge on the proceeds of bonds or notes issued by the board to finance the project or projects to which the payments relate, and on such other funds as may be available hereunder to pay the capital costs of the project or projects. A sale shall not be made by the state to the board under § 46-15.1-6 unless the necessary funds are available to pay the purchase price upon the conveyance.
  2. The board may expend for any corporate purpose hereunder such sums as may be advanced to the board for the purpose by the state or by any city, town, district, or other municipal or quasi municipal or public or private corporation or company engaged in the water supply business, and each of those entities (other than the state) is authorized to make advances to the board in connection with any project or proposed project in which it is interested. Each advance by the state shall be repaid as provided in the foregoing paragraph. Each advance by any other entity shall be repaid to the extent and subject to the terms specified in or otherwise agreed at the time of the advance.

History of Section. P.L. 1970, ch. 304, § 1.

46-15.1-9. Temporary borrowing.

The board may borrow money temporarily for the purposes of this chapter and chapter 15.3 of this title in anticipation of revenue or federal aid or in anticipation of the issue of bonds, and issue notes therefor. Notes issued in anticipation of revenue may not mature or be refunded beyond one year from the date of their original issue, and notes issued in anticipation of federal aid or of the issue of bonds may not mature or be refunded beyond five (5) years from the date of their original issue. Notes shall be payable solely from such funds as are derived under this chapter or chapter 15.3 of this title and provided for payment under the applicable trust agreement or resolution described in § 46-15.1-11 , and shall contain a statement to this effect on their face.

History of Section. P.L. 1970, ch. 304, § 1; P.L. 1987, ch. 417, § 4.

NOTES TO DECISIONS

In General.

This section makes it abundantly clear that the debtor obligation resulting from the issuance of revenue bonds or any other borrowing is exclusively that of the water resources board. Opinion to Governor, 107 R.I. 651 , 270 A.2d 520, 1970 R.I. LEXIS 820 (1970).

46-15.1-10. Bonds.

  1. The board may borrow money for capital purposes under this chapter and for the purposes of chapter 15.3 of this title and issue its bonds therefor. Those purposes may include all costs (whether incurred prior to or after the issue of bonds or notes hereunder) of purchase or lease of property, site development, construction, improvement, enlargement, reconstruction, alteration, equipment, furnishings, demolition, or removal of existing buildings or structures (including the cost of purchasing or leasing any lands to which those buildings or structures may be moved), financing charges, interest prior to and during the carrying out of any project, interest for up to one year after the completion or estimated completion date of any project, planning, engineering, and legal services, administrative expenses, the funding of notes issued by the board for those purposes, the refinancing of bonds or notes issued by any city, town, district or other municipal, quasi municipal, or public corporation for those purposes, the reserves for debt service or other capital or current expenses as may be required by a trust agreement or resolution securing notes or bonds, and all other expenses incidental to the determination of the feasibility of any project or to carrying out the project or to placing the project in operation.
  2. Bonds shall be payable solely from such funds as are derived under this chapter or chapter 15.3 of this title including, without limiting the generality of the foregoing, revenues derived from pledges of water fees and charges from leasing any water supply facilities to any city, town, district, or other municipal, quasi municipal or public or private corporation or company engaged in the water supply business in Rhode Island, or water quality protection charges imposed under chapter 15.3 of this title, or funds in the watershed protection fund established under chapter 15.3 of this title and provided for payment under the applicable trust agreement or resolution described in § 46-15.1-11 , and shall contain a statement to this effect on their face.
  3. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall mature at such time or times not exceeding forty (40) years from their dates of issue, as may be determined by the board, and may be made redeemable before maturity at such price or prices and under such terms and conditions as may be fixed by the board prior to the issue of the bonds. The board shall determine the form of the bonds, including interest coupons to be attached thereto, and the manner of their execution, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the state. The bonds shall bear the seal of the board or a facsimile thereof.
  4. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds, coupons, or notes issued by the board shall cease to be an officer before the delivery thereof, the signature or the facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until after the delivery.
  5. The bonds may be issued in coupon or in registered form, or both, as the board may determine, the provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. The board may sell its bonds and notes in such manner, either at public or private sale, and for such price, as it may determine will best effect the purposes of this chapter.
  6. Prior to the preparation of definitive bonds, the board may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when those bonds shall have been executed and are available for delivery. The board may also provide for the replacement of any bonds, notes, or coupons which shall become mutilated or shall be destroyed or lost.
  7. Bonds and notes may be issued under this chapter without obtaining the consent of any other department, division, commission, board, bureau, or agency of the state, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specifically required by this chapter for the issue of those bonds or notes.

History of Section. P.L. 1970, ch. 304, § 1; P.L. 1986, ch. 56, § 1; P.L. 1987, ch. 417, § 2; P.L. 1992, ch. 468, § 1.

NOTES TO DECISIONS

In General.

Bonds issued under authority of this section are not obligations of the state and are not subject to the restrictions of art. 31, § 1, of amendments of the state constitution (see now R.I. Const., Art. VI, Sec. 16 ). Opinion to Governor, 107 R.I. 651 , 270 A.2d 520, 1970 R.I. LEXIS 820 (1970).

46-15.1-11. Pledge of revenues and other funds.

    1. In the discretion of the board, any bonds or notes issued by it may be secured by a trust agreement between the board and a corporate trustee, which may be any trust company or bank whose principal office is within or without the state. The trust agreement or the resolution providing for the issue of the bonds or notes may pledge or assign, in whole or in part, the revenues and other moneys held or to be received by the board under this chapter or chapter 15.3 of this title, and may convey, mortgage, or grant or assign a security interest in any water supply facilities pledge agreement or lease thereof in connection with which those bonds shall have been authorized.
    2. The trust agreement or resolution may contain such provisions for protecting and enforcing the rights and remedies of the bondholders or noteholders as may be reasonable and proper and not in violation of law, including provisions defining defaults and providing for remedies in the event thereof (which may include the acceleration of maturities), and covenants setting forth the duties of, and limitations on, the board in acting under this chapter in relation to the purchase or leasing of property, construction, improvement, enlargement, alteration, equipping, furnishing, maintenance, operation, repair, insurance, and disposition of property, the custody, safeguarding, investment, and application of monies, the issue of additional bonds or notes, the fixing, revision, and collection of rates and rents, the use of any surplus bond or note proceeds, the establishment of reserves, and the making and amending of leases, pledge agreements and contracts.
    3. The board is authorized to fix, revise, and collect rates and rents for water furnished by it or facilities leased by it to others. The rates and rents shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the state or of any municipality or other political subdivision of the state, but the rates and rents shall be subject to the terms of any applicable contracts and leases.
    1. It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of bonds or notes or of revenues or other moneys under any such trust agreement or resolution, and to furnish such indemnifying bonds or to pledge such securities as may be required by the board. The trust agreement or resolution may set forth the rights and remedies of the bondholders or noteholders and of the trustee, and may restrict the individual right of action by bondholders or noteholders. In addition to the foregoing, the trust agreement or resolution may contain such other provisions as the board may deem reasonable and proper for the security of the bondholders or noteholders.
    2. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated as part of the board’s cost of operation and maintenance under this chapter.
    3. The pledge or mortgage or grant of a security interest by the trust agreement or resolution shall be valid and binding from the time when the pledge or mortgage or grant of a security interest is made; the revenues or other moneys so pledged and then held or thereafter received by the board shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act; and the lien of any such pledge or mortgage or grant of a security interest shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the board, irrespective of whether the parties have notice thereof.
    4. Neither the resolution nor any trust agreement by which a pledge or mortgage or grant of a security interest is created need be filed or recorded except in the records of the board, and no filing need be made under the Uniform Commercial Code.

History of Section. P.L. 1970, ch. 304, § 1; P.L. 1986, ch. 56, § 3; P.L. 1987, ch. 417, § 3; P.L. 1992, ch. 468, § 1; P.L. 2007, ch. 340, § 49.

46-15.1-12. Trust funds.

All money received by the board under this chapter, whether as proceeds from the sale of bonds or notes or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.

History of Section. P.L. 1970, ch. 304, § 1.

46-15.1-13. Remedies.

Any holder of bonds or notes issued under this chapter or of any of the coupons appertaining thereto, and the trustee under a trust agreement or resolution securing the same, except to the extent the rights herein given may be restricted by the trust agreement or resolution, may bring suit upon the bonds, notes, or coupons and may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under the trust agreement or resolution, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the board or by any officer thereof, including the fixing, revising, and collecting of rates and rents. The court may appoint a receiver in any such proceedings.

History of Section. P.L. 1970, ch. 304, § 1.

NOTES TO DECISIONS

In General.

The remedy of any creditor of the water resources board is by way of a civil action against said board. Opinion to Governor, 107 R.I. 651 , 270 A.2d 520, 1970 R.I. LEXIS 820 (1970).

46-15.1-14. Exemption from taxation.

  1. The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the state, and for the improvement of their health and living conditions, and the purchase, lease, operation, and maintenance of projects by the board under this chapter will constitute the performance of essential governmental functions. The board shall not be required to pay any taxes or assessments upon any property acquired or used by the board hereunder or upon its income, existence, or franchise hereunder, and the bonds and notes issued by the board hereunder and the interest thereon shall be exempt from taxation in the state. Sales to the board hereunder shall not be subject to any sales or similar tax, and the use of property by the board hereunder shall not be subject to any use or similar tax. The lease of property of the board to others hereunder for water supply purposes, contracts for the use by others, and the use thereof by the lessees or others contracting with the board, shall not be subject to any sales, use, or similar tax, and the lessees or other users under the contracts shall not be required to pay any property taxes or assessments on the property except as provided below.
  2. Except as to property leased to others, the board shall pay annually from its revenues hereunder, after first providing for debt service and other expenses and reserve requirements required by an applicable trust agreement or bond or note resolution to be met from current revenues, to each city, town, or district, a sum of money, in lieu of property taxes on its property hereunder, equal to any property tax levied on the property by the city, town, or district during the year next preceding the acquisition of the property by the board. As to property leased to others, the lessee shall pay such amount, except to the extent that provision is made in the lease for payment by the board, under the terms set forth in the foregoing sentence.

History of Section. P.L. 1970, ch. 304, § 1.

46-15.1-15. Bonds and notes eligible for investment.

Bonds and notes issued by the board hereunder are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, banks, trust companies, banking associations, investment companies, savings institutions, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. The bonds and notes are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations is now or may hereafter be authorized by law.

History of Section. P.L. 1970, ch. 304, § 1.

46-15.1-16. Negotiable instruments.

Notwithstanding any of the foregoing provisions of this chapter or any recitals in any bonds and notes issued by the board hereunder, all the bonds and notes shall be deemed to be negotiable instruments under the laws of the state and investment securities under the Uniform Commercial Code.

History of Section. P.L. 1970, ch. 304, § 1.

46-15.1-17. Refunding bonds.

  1. The board may issue refunding bonds for the purpose of paying any of its bonds issued hereunder at maturity or upon acceleration or redemption. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of the refunding bonds as may be required by a trust agreement or resolution securing bonds or notes. The refunding bonds may be issued at such time or times simultaneous with or prior to the maturity, acceleration, or redemption date of the bonds being refunded as the board may determine to be in the public interest.
  2. The proceeds of bonds or notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the discretion of the board, to the purchase, retirement at maturity, or redemption of those outstanding bonds or notes either on their earliest or a subsequent redemption date, and may, pending that application, be placed in escrow. Any escrowed proceeds may be invested and reinvested in obligations of or guaranteed by the United States, or in certificates of deposit, time deposits, or repurchase agreements fully secured or guaranteed by the state or the United States, or an instrumentality of either, maturing at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest and redemption premium, if any, of the outstanding bonds and notes to be so refunded. The interest, income, and profits, if any, earned or realized on any investment may also be applied to the payment of the outstanding bonds or notes to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investments thereof may be returned to the board for use by it in furtherance of its purposes.
  3. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligations of the board in respect of the same shall be governed by the provisions of this chapter relating to the issue of bonds, other than refunding bonds, insofar as the provisions may be applicable, but no bonds shall be refunded to a date more than forty (40) years from the date of their original issue.

History of Section. P.L. 1970, ch. 304, § 1; P.L. 1987, ch. 417, § 5; P.L. 2007, ch. 340, § 49.

46-15.1-17.1. Dissolution.

If the board shall be dissolved all funds of the board not required for the payment of bonds shall be paid to the general treasurer for the use of the state, and all property belonging to the board shall be vested in the state and delivered to it.

History of Section. P.L. 1986, ch. 56, § 5.

46-15.1-17.2. Inconsistent provisions.

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special or local, or of any municipal charter or of any rule or regulation of the state or any municipality, the provisions of this chapter shall be controlling.

History of Section. P.L. 1986, ch. 56, § 7.

46-15.1-17.3. Limitation of powers.

The state does hereby pledge to and agree with the holders of any bonds issued by the board pursuant to this chapter that the state will not alter or limit the rights hereby vested in the board to fulfill the terms of any agreement made with or for the benefit of the holders of bonds, or in any way impair the rights and remedies of bondholders, until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders are fully met and discharged. The board is authorized to include this pledge and agreement of the state in any agreement with bondholders.

History of Section. P.L. 1987, ch. 417, § 6.

46-15.1-18. Severability — Constructions.

  1. If any provision of this chapter shall be held invalid in any circumstance, the invalidity shall not affect any other provisions or circumstances.
  2. This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not those steps are required by statute.
  3. This chapter shall be construed liberally in aid of its declared purposes. The powers granted hereby shall be in addition to, independent of, and not in substitution for any other powers granted by law.

History of Section. P.L. 1970, ch. 304, § 1.

46-15.1-19. Surface reservoirs.

Notwithstanding the foregoing, no provision of this chapter, nor any language contained therein, shall allow or permit any funds, proceeds, revenues, or other sums of money derived by, through, or from the issuance of revenue bonds as authorized under this chapter, to be used for the design or construction of any surface reservoirs, without the approval of the general assembly, or to be used in connection with the acquisition of sites for the development of surface reservoirs through the exercise by the water resources board of the power of eminent domain as provided under § 46-15.1-5(15) and in accordance with the provisions of chapter 6 of title 37.

History of Section. P.L. 1970, ch. 304, § 1; P.L. 1999, ch. 461, § 2.

46-15.1-19.1. Big River Reservoir — Administration.

The Rhode Island water resources board, established pursuant to this chapter and chapter 15 of this title, shall be the only designated agency which will administer those lands acquired for the Big River Reservoir as established under section 23 of chapter 133 of the Public Laws of 1964. The director of the department of environmental management and the director’s authorized agents, employees, and designees shall, together with the water resources board in accordance with the Big River management area land use plan for the lands, protect the natural resources of the Big River Reservoir lands. The lands of the Big River Reservoir are subject to enforcement authority of the department of environmental management, as provided for in chapter 17.1 of title 42, and as provided for in title 20 of the General Laws.

History of Section. P.L. 2000, ch. 284, § 1.

46-15.1-20. Water development account fund.

There is created a special fund called “water development fund” , a general revenue fund within the general fund, which shall record any net proceeds which may be paid to the state as a result of the lease of any reservoir sites or other facilities as may be acquired or constructed by the state in accordance with the provisions of this chapter, or as otherwise authorized or permitted, or as a result of the sale of surplus property or any interest therein, including, without limiting the generality of the foregoing, the sale of excess gravel, timber, or other materials located on the reservoir sites or other facilities. Monies are to be deposited as general revenues. The amounts appropriated shall be made available for the purposes authorized by this chapter, and also hereby made available for borrowing from the board, in accordance with and pursuant to the provisions of this chapter exclusive of acquisition of reservoir sites, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment or loan 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.

History of Section. P.L. 1990, ch. 461, § 6; P.L. 1991, ch. 44, art. 76, § 9; P.L. 1995, ch. 370, art. 40, § 159; P.L. 1999, ch. 461, § 2.

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 water resources board 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 §§ 46-15.3-5.1 and 46-15.3-7 .

History of Section. P.L. 1991, ch. 20, § 1; P.L. 2006, ch. 104, § 2; P.L. 2006, ch. 126, § 2; P.L. 2009, ch. 288, § 7; P.L. 2009, ch. 341, § 7.

Compiler’s Notes.

P.L. 2006, ch. 104, § 2, and P.L. 2006, ch. 126, § 2, enacted identical amendments to this section.

P.L. 2009, ch. 288, § 7, and P.L. 2009, ch. 341, § 7, enacted identical amendments to this section.

46-15.1-22. Discontinuation of borrowing authority and abolishment of water resources board (corporate).

  1. Notwithstanding any law to the contrary, including, but not limited to, § 46-15.1-10 , upon the effective date of this section, the water resources board (corporate), established as a body politic and corporate and public instrumentality pursuant to this chapter, shall be prohibited from borrowing money or issuing bonds for any purpose.
  2. The water resources board (corporate) shall continue to repay existing debt until all such debt is fully repaid. Upon the repayment by the water resources board (corporate) of all such existing obligations, the water resources board (corporate) shall be dissolved and all existing functions and duties of the water resources board (corporate) shall be transferred to the Rhode Island infrastructure bank, a body politic and corporate and public instrumentality of the state established pursuant to chapter 12.2 of this title.

History of Section. P.L. 2009, ch. 68, art. 5, § 6; P.L. 2015, ch. 141, art. 14, § 20.

Chapter 15.2 Water Facilities Assistance Program

46-15.2-1. Short title.

This chapter shall be known as the “Rhode Island Water Facilities Assistance Program”.

History of Section. P.L. 1983 (S.S.), ch. 332, art. II, § 1.

Compiler’s Notes.

Article IV of P.L. 1983, ch. 332, provides for the severability of the sections of that act and any rule, regulation, order or application made pursuant to that act, which enacts §§ 46-15.2-1 to 46-15.2-9 and 42-64-7.4 and amends §§ 42-64-7 and 42-64-17 .

46-15.2-2. Legislative findings.

The general assembly finds and declares that:

  1. A number of Rhode Island municipalities periodically suffer water shortages severe enough to require usage curtailments as a result of droughts.
  2. The limited water supply systems and sources of these municipalities, burdened by rising water usage caused by growth and development, will encounter increasing difficulties coping with short-term climatologically caused shortages.
  3. The quality of water supplies of a number of municipalities are threatened by development and by contamination.
  4. Population growth, commercial and industrial development, and patterns of higher water consumption have forced some communities to abandon or supplement their inadequate or contaminated original sources of water, and to develop new supplies of water often located beyond their borders and outside their original service areas.
  5. It has become evident that individual water systems serving the public often no longer have the financial resources to find and develop adequate new water supplies. The costs of constructing aqueducts, major transmission lines, and pumping stations to deliver water to communities from remote sources, and the difficulties in acquiring rights-of-way, overwhelm most communities and indicate the need for state involvement.
  6. Water of high quality is a sufficiently abundant resource in Rhode Island that enough water can be made available to meet all the needs of each Rhode Islander through the foreseeable future provided that water can be conveyed to the communities and water systems in need from remote sources.
  7. The water resources board was established in 1967 and charged with the responsibility of acquiring and developing new major water supplies for the people of Rhode Island. The Rhode Island water facilities assistance program enables the water resources board to assist public water systems in obtaining and delivering potable water to meet present and future needs throughout the state of Rhode Island.
  8. The water resources board and other existing agencies of state government have adequate capability and authority to carry out this program without the creation of new agencies.

History of Section. P.L. 1983 (S.S.), ch. 332, art. II, § 1.

Cross References.

Water resources board, § 46-15-1 et seq.

46-15.2-3. Definitions.

As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning:

  1. “Distribution facilities”  means the pipes and appurtenant facilities employed specifically to deliver, to dispense, to render, or to circulate potable water directly for the benefit of a consumer or a community of consumers.
  2. “Intersystem facilities”  means transmission facilities designed and constructed by the owner of any public water system having the capacity to serve two (2) or more water systems.
  3. “Transmission facilities”  means the pipes, pumping stations, and storage facilities required to carry potable water, or raw water to a treatment facility or storage facility for later treatment, from a water source to or throughout an area served or to be served by a public water system for the specific purpose of supplying water to support a general population. Transmission facilities shall not include the distribution system. Determinations concerning eligible transmission facilities for purposes of this program shall be made by the water resources board.

History of Section. P.L. 1983 (S.S.), ch. 332, art. II, § 1; P.L. 1988, ch. 129, art. 28, § 1; P.L. 1990, ch. 461, § 7; P.L. 1992, ch. 292, § 1; P.L. 1999, ch. 461, § 3.

46-15.2-4. Water facilities assistance program established — Eligibility.

  1. There is hereby established in the water resources board a Rhode Island water facilities assistance program. The board shall administer this program so as to ensure the proper and systematic development of coordinated water supply and transmission facilities and shall expend the funds available under this chapter in a manner that accomplishes this objective.
  2. This program shall provide twenty-five percent (25%) of the cost of approved water transmission facilities designed and constructed to serve a single water system, and shall provide fifty percent (50%) of the cost of approved intersystem facilities. Only the construction of water transmission and intersystem facilities and the acquisition of land or rights-of-way, together with necessary engineering and design, are eligible for assistance under this program. Costs of borrowing, amortization costs, legal, and all other costs attendant to the funding of water transmission and intersystem facilities are not eligible for financial assistance under this program and must be fully borne by the project applicant. The cost of distribution facilities as defined in this chapter are not eligible for financial assistance under this program. Determinations of project eligibility shall be made by the water resources board.
  3. Only municipalities and quasi municipal water agencies are eligible to apply for assistance under this program. Determinations of applicant eligibility shall be made by the water resources board.
  4. Only projects reviewed and approved by the water resources board, the division of public utilities and carriers, and the state planning council may be funded. Each project supported by this program must be consistent with a plan adopted and kept current by the water resources board in accordance with § 46-15-6 and with applicable elements of the state guide plan, as adopted and kept current by the state planning council in accordance with § 42-11-10(c) ; provided, however, that with respect to any project which has been approved by the board and which thereafter becomes eligible to participate as an intersystem facilities project, the submission to, and approval by, the public utilities commission and statewide planning council shall not be required.
  5. Each transmission facility supported by this program must link a water source with a water distribution system, both of which are complete and operational or will be so at the time that the transmission facility is completed or is projected for future construction. The capacity of both the water source and the distribution system must be adequate to meet present and future needs, considering all other demands that may be placed on the same sources and distribution systems. All determinations required under this subsection shall be made in a timely fashion by the water resources board.
  6. The quality of water to be conveyed through the proposed transmission system must meet the Rhode Island department of health requirements for the most restrictive current or planned use. All reasonable measures to assure that this level of water quality will be maintained must have been taken.
  7. The design and construction of an approved transmission facility must ensure that it will remain operational for its design life with routine maintenance, and that it will resist all external and internal forces that can be reasonably anticipated as determined by the water resources board.
  8. The water resources board will ensure that maintenance of the transmission facility is performed in a manner that ensures that it will remain operational throughout its design life and is assured by a dedicated revenue such as a user fee or some other equally reliable means.

History of Section. P.L. 1983 (S.S.), ch. 332, art. II, § 1; P.L. 1988, ch. 129, art. 28, § 2; P.L. 1992, ch. 134, § 3; P.L. 1999, ch. 461, § 3; P.L. 2007, ch. 340, § 50.

Cross References.

Division of public utilities and carriers, § 39-1-1 et seq.

State planning council, § 42-11-10(e) .

Water resources board, § 46-15-1 et seq.

46-15.2-5. Application to assistance program.

  1. Applicants shall submit projects proposed for assistance under this program to the water resources board, in the form and content prescribed by the board. The board shall coordinate the review and disposition of all applications by all agencies concerned in an expeditious manner. The board shall incorporate the information required by all agencies to conduct their review of proposals in its application documents.
  2. Upon receipt of an application, the board shall determine whether the application is complete and contains all necessary information. Incomplete applications shall be returned to the applicants. Complete applications shall be formally acknowledged by the board.
  3. The board shall forward a copy of each application accepted to the division of public utilities and carriers, to the state planning council, to the department of health and to the department of environmental management. Review of applications by these agencies shall be conducted concurrently.
  4. The water resources board shall evaluate each application to determine whether all requirements of §§ 46-15-1 and 46-15-3 have been met, and shall further ensure that:
    1. Design and engineering of the project are sound, as provided in § 46-15.2-4(g) ;
    2. The applicant has adequately demonstrated that a need exists in its community for the water that would be provided by the project;
    3. The project links a water source with a water distribution system, as set forth in § 46-15.2-4(e) ;
    4. The distribution system owned or to be owned by the applicant has or will continue to have sufficient capacity to carry the projected volumes of water, as set forth in § 46-15.2-4(e) ;
    5. The proposed water source is adequate to meet the applicant’s needs and will have sufficient capacity to serve all future demands imposed by the applicant in combination with all other users, as set forth in § 46-15.2-4(e);
    6. The quality of the water meets the standards established by the Rhode Island department of health water quality regulations for the purpose intended, as provided in § 46-15.2-4(f) ;
    7. The project incorporates sound conservation techniques as provided in § 46-15.1-5 ; and
    8. The project is properly related to all other water systems serving adjacent or nearby areas in terms of interconnections and mutual support.
  5. The division of public utilities and carriers shall review the financing aspects of all projects, particularly with respect to costs that will be imposed on water users as a result of the project. The division shall perform an analysis of the proposed costs and benefits of the project and shall, on the basis of its findings, make a determination as to whether approval of the project is in the best interests of the water users. If the division determines the project is in the best interests of the water users, it shall approve the project. If the division determines that the project is not in the best interests of the water users, it shall disapprove the project. Since the division’s review must be based on estimated costs and interest rates, the full financing costs will not be precisely known. The absence of specificity concerning the finance of costs must be considered by the division.
  6. The state planning council shall review all proposed projects to determine whether they are consistent with all relevant elements of the state guide plan. Upon determination that a project is consistent with all relevant elements of the state guide plan, the state planning council shall render its approval. Upon a determination that the project is not consistent with all relevant elements of the state guide plan, the council shall disapprove the project. The state planning council will provide the policy framework necessary to guide this program through the state guide plan.

History of Section. P.L. 1983 (S.S.), ch. 332, art. II, § 1; P.L. 1990, ch. 461, § 7; P.L. 1999, ch. 461, § 3.

Cross References.

Division of public utilities and carriers, § 39-1-1 et seq.

State planning council, § 42-11-10(e) .

Water resources board, § 46-15-1 et seq.

46-15.2-6. Decision on application and financing.

  1. Except as provided in § 46-15.2-4(d) with respect to intersystem facilities, no project shall be approved by the water resources board unless the project has been approved by the division of public utilities and carriers, as set forth in § 46-15.2-5(e) , by the state planning council, as set forth in § 46-15.2-5(f) , and by the department of the environmental management. The water resources board shall approve the project based upon its finding of fact, as provided in § 46-15.2-5(d)(1) through (d)(8), and upon approval by the division of public utilities and carriers, the state planning council, and the department of the environmental management. A project disapproved by either the division of public utilities and carriers, the state planning council, the department of health or the department of environmental management shall not be approved by the water resources board.
  2. The water resources board shall not approve a transmission facility project and intersystem facility project unless the applicant first adequately demonstrates that its seventy-five percent (75%) share or fifty percent (50%) share, as the case may be, of the project cost is available and obligated to the project.
  3. The water resources board shall not approve a project unless sufficient state funds to provide the state’s share of the project cost are available.
  4. The water resources board shall ensure that the state’s share of a project cannot be used by or transferred to a private or investor-owned water company.
  5. Upon approval of a proposed project as set forth in § 46-15.2-5 , the water resources board shall so notify the applicant and shall establish the amount of state participation in the project representing the appropriate state share of eligible costs as determined from the application. Costs incurred in excess of those set forth in the application shall not automatically increase the amount of state participation. However, the applicant may submit a subsequent proposal, in accordance with § 46-15.2-4 and 46-15.2-5 , that requests state participation in those costs. If the project is completed at a cost below that set forth in the application, the amount of state participation shall be reduced proportionately.
  6. The water resources board shall establish a schedule by which state funds shall be paid to the applicant that ensures that funds are disbursed only when required for the project.
  7. The water resources board is empowered to issue rules and regulations to provide proper security for the state’s grant-in-aid for each approved project.
  8. The water resources board may condition the approval of any intersystem facilities project on the applicant agreeing that it will not charge any water system which uses such a facility an amount in excess of its costs for purchase, production, and transmission of water to the user, and an appropriate portion of its cost of repair, maintenance, and replacement of the facility based upon the capacity allocated to the user.

History of Section. P.L. 1983 (S.S.), ch. 332, art. II, § 1; P.L. 1988, ch. 129, art. 28, § 3; P.L. 1990, ch. 461, § 7; P.L. 1999, ch. 461, § 3.

Cross References.

Division of public utilities and carriers, § 39-1-1 et seq.

State planning council, § 42-11-10(e) .

Water resources board, § 46-15-1 et seq.

46-15.2-7. Project execution.

The water resources board shall determine the priority and scheduling of all projects assisted by this program, and shall ensure that all construction is properly managed and successfully completed.

History of Section. P.L. 1983 (S.S.), ch. 332, art. II, § 1.

Cross References.

Water resources board, § 46-15-1 et seq.

46-15.2-8. Liberal construction.

The provisions of this chapter shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to any agency by the provisions hereof, the statement thereof shall not be deemed to exclude or impair any power otherwise in this chapter conferred upon that agency.

History of Section. P.L. 1983 (S.S.), ch. 332, art. II, § 1.

46-15.2-9. Severability.

If any provisions of this chapter or of any rule, regulation, or order made thereunder, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of the provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of this chapter, and it is hereby declared to be the legislative intent that this chapter would have been enacted if the invalid parts had not been included therein.

History of Section. P.L. 1983 (S.S.), ch. 332, art. II, § 1.

Chapter 15.3 Public Drinking Water Supply System Protection

46-15.3-1. Short title.

This chapter shall be referred to as the “Public Drinking Water Supply System Protection Act of 1997”.

History of Section. P.L. 1987, ch. 417, § 1; P.L. 1997, ch. 360, § 2.

Comparative Legislation.

Water supplies:

Conn. Gen. Stat. § 25-32 et seq.

Mass. Ann. Laws ch. 40, § 41; ch. 111, §§ 17, 160.

Collateral References.

Validity, Construction, and Application of Part C of the Safe Drinking Water Act Relating to Protection of Underground Sources of Drinking Water, 42 U.S.C. §§ 300h to 300h-8, and Related Regulations. 20 A.L.R. Fed. 3d Art. 12 (2017).

Validity, Construction, and Application of Safe Drinking Water Act’s Provisions Related to Public Water Supply Enforcement, 42 U.S.C. §§ 300g to 300g-5 and Related Regulations. 19 A.L.R. Fed. 3d Art. 6 (2017).

46-15.3-1.1. Legislative findings.

  1. The general assembly hereby recognizes and declares that:
    1. Water is vital to life and comprises an invaluable natural resource which is not to be abused by any segment of the state’s population or its economy. It is the policy of this state to restore, enhance, and maintain the chemical, physical, and biological integrity of its waters to protect public health;
    2. That Rhode Island has abundant supplies of surface and groundwater and an average level of precipitation adequate to replenish these supplies under normal conditions, and that these supplies are sufficient in quantity and quality to meet the present needs of the people and economy of this state, but that sources of drinking water are not always located where they are needed, are subject to contamination making them unfit for drinking purposes, may be used for purposes not requiring water suitable for drinking, and may not be adequate to meet all future needs;
    3. The waters of this state are a critical renewable resource which must be protected to insure the availability of safe and potable drinking water for present and future needs;
    4. That systematic management of the state’s drinking water supplies is essential to the proper conservation, development, utilization, and protection of this finite natural resource, if the present and future needs of the state are to be met on a continuing and sustainable basis;
    5. It is a paramount policy of the state to protect the purity of present and future drinking water supplies by protecting aquifers, recharge areas, and watersheds;
    6. It is the policy of the state to restore and maintain the quality of its waters to a quality consistent with its use for drinking supplies and other designated beneficial uses without treatment as feasible;
    7. Development of land areas near to supplies of drinking water and related construction can threaten the quality of those supplies and, therefore, can endanger public health; thus it is necessary to take immediate and continuing steps to protect the watersheds of surface waters and the reservoirs and recharge areas of ground waters from land uses and activities which may degrade the quality of public drinking water;
    8. Protection of water quality is necessary from the collection source through the point of delivery to the ultimate consumer;
  2. That the objectives of this chapter are:
    1. To insure that water supply system management plans are prepared, maintained, and carried out by each municipality and by each municipal department, agency, district, authority, or other entity engaged in or authorized to engage in the supply, treatment, transmission, or distribution of drinking water, and
    2. That the said plans and their execution achieve the effective and efficient conservation, development, utilization, and protection of this finite natural resource in ways that meet the present and future needs of the state and its people.

History of Section. P.L. 1987, ch. 417, § 1; P.L. 1997, ch. 360, § 2; P.L. 2007, ch. 340, § 51.

46-15.3-2. Designation of water resources board — Selection of treasurer.

  1. Except as specified in § 46-15.3-9 , the water resources board is designated to carry out the provisions of this chapter in its capacity as designated in § 46-15.1-2 . In exercising its powers under this chapter, the board shall constitute 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, but this shall not affect the status of the board when exercising other powers. 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 § 46-15-2 shall not thereby be disqualified from acting as a member of the board on a transaction under this chapter with the public water system.
  2. The treasurer, chosen pursuant to § 46-15.1-2 , shall act as such under this chapter. If a treasurer has not been chosen by the board pursuant to § 46-15.1-2 , the board shall at any time, and annually in the month of March thereafter, 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 taken 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.

History of Section. P.L. 1987, ch. 417, § 1; P.L. 2007, ch. 340, § 51.

46-15.3-3. Purposes and powers.

The purposes of the board and the suppliers under this chapter shall be to protect the quality and safety of the public drinking water supply. In carrying out the foregoing purposes the board shall have, in addition to the powers granted in this chapter, all of the powers enumerated in chapter 15.1 of this title, and shall have the power to acquire interests in land in the manner provided in § 46-15.1-5 , but in exercising these powers, the board shall not be subject to any limitation on the use of funds contained in § 46-15.1-19 .

History of Section. P.L. 1987, ch. 417, § 1; P.L. 1990, ch. 461, § 8.

46-15.3-4. Definitions.

As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent:

  1. “Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells, springs, or surface water.
  2. “Commercial agricultural producers” means purveyors of at least two thousand five hundred dollars ($2,500) of agricultural products during a calendar year.
  3. “Eligible expenditure” means the acquisition of a fee simple interest or of a conservation restriction, as that term is defined in § 34-39-2(a) , or other interest in watershed lands, including, but not limited to, costs and expenses relating to the improvement of the lands or interests therein, maintenance of the lands or roads or interests therein, and taxes thereon, or the funding of the construction of physical improvements that directly protect the quality and safety of public drinking water supply. No funds under this section shall be used to extend service lines or expand system capacity.
  4. “Ground water” means water found underground which completely fills the open spaces between particles of sand, gravel, clay, silt, and consolidated rock fractures. The zone of materials filled with groundwater is called the zone of saturation.
  5. “Ground water recharge” means the processes of addition of water to the zone of saturation, that zone beneath the water table.
  6. “Raw water” means water in its natural state prior to any treatment.
  7. “Recharge area” means an area in which water is absorbed that eventually reaches the zone of saturation.
  8. “Sale” means all retail sales of potable water to end users for any purpose in the ordinary course of business by a supplier, except for sales exempt pursuant to § 46-15.3-5(c) , (d) and (e).
  9. “Source” means the raw water upon which a public water supply system abounds, and refers to both groundwater and surface water.
  10. “Supplier(s) of public drinking water” and “supplier(s) mean any city, town, district, or other municipal, quasi municipal, or public or private corporation or company engaged in the sale of potable water and the water supply business in Rhode Island; provided, however, that only suppliers which withdraw water from wells, reservoirs, springs, or other original sources in potable quality shall be entitled to disbursements pursuant to § 46-15.3-11 .
  11. “The fund” means the water quality protection funds as described in § 46-15.3-10 .
  12. “Watersheds” means those land areas which, because of their topography, soil type, and drainage patterns, act as collectors of raw waters which replenish or regorge existing or planned public drinking water supplies.
  13. “Non-billed water” means the difference between water produced by a supplier and water sold by the same supplier.
  14. “Leakage” means the difference between non-billed water and the total of the estimated or measured allowances for fire fighting, meter inaccuracy, theft, system usage, main flushing, sewer cleaning, storm drain cleaning, and other allowances that may be developed by the water resources board.

History of Section. P.L. 1987, ch. 417, § 1; P.L. 1988, ch. 411, § 1; P.L. 1989, ch. 336, § 1; P.L. 1990, ch. 472, § 2; P.L. 1991, ch. 40, § 1; P.L. 1992, ch. 468, § 2; P.L. 1993, ch. 25, § 1; P.L. 1996, ch. 404, § 38; P.L. 2009, ch. 288, § 8; P.L. 2009, ch. 341, § 8.

Compiler’s Notes.

P.L. 2009, ch. 288, § 8, and P.L. 2009, ch. 341, § 8, enacted identical amendments to this section.

46-15.3-5. Water quality protection charge.

  1. There is hereby imposed on each supplier of water, for the purpose of protecting the quality and safety of the public supply of water, a charge to be known as a “water quality protection charge” based upon billings for sales of every supplier of public drinking water at the rate of two and ninety two hundredth cents ($.0292) per one hundred (100) gallons of each sale, whether the water is used for drinking or other purposes. No supplier shall impose a water quality protection charge upon sales to other suppliers of drinking water. Except as provided in subsections (c), (d) and (e) hereof, the supplier shall add any water quality protection charge imposed hereunder to the sale price, and, when added, the water quality protection charge shall constitute a part of the price and shall also be a debt from the purchaser to the supplier and be collectible in the same manner and have the benefit of any lien provided for the amounts due for water charges from the purchaser to the supplier. Provided, however, the water quality protection charge shall not be subject to the sales and use tax. Subject to the provisions of § 39-1.1-1 for those suppliers which are public utilities, all suppliers may terminate service for failure of purchasers to pay the water quality protection charge.
  2. Any water quality protection charge imposed hereunder shall not take effect earlier than January 1, 1989; provided, however, the increase in water quality protection charge by one and one-third cents ($0.01333) established by   P.L. 1990, Ch. 65, Art. 39, § 1 shall take effect and be chargeable on all billings for water sales made by a supplier on and after July 1, 1991.
  3. Each supplier shall provide for the exemption from the water quality protection charge, for any sale to a purchaser sixty-five (65) years of age and over purchasing water for the personal consumption of that person and other members of the person’s household under reasonable rules and regulations.
  4. All commercial agricultural producers, including those who provide food and fiber, shall be exempt for that amount of water used to irrigate commercial crops either in fields or greenhouses, provided, that the producers have a conservation plan on file with their respective soil conservation districts.
  5. No water quality protection charge shall be imposed on that portion of such supplier’s retail billing representing potable water furnished to customers by purchase of water in its finished, potable form from sources outside the state. The water quality protection charge imposed by a supplier purchasing potable water from outside the state shall be pro rata imposed on such supplier’s retail billings for that portion of potable water supplied from within the state in accordance with rules and regulations to be finally promulgated by the water resources board on or before September 1, 1992.
  6. If any supplier of water fails to pay the water quality protection charge imposed upon it, upon determination by the water resources board of failure to pay and the amount unpaid, there shall be withheld from any state aid or grants of any nature due such supplier an equivalent amount and such monies shall be transferred to the appropriate water quality protection fund created under § 46-15.3-10 .

History of Section. P.L. 1987, ch. 417, § 1; P.L. 1988, ch. 411, § 1; P.L. 1989, ch. 323, § 1; P.L. 1989, ch. 336, § 1; P.L. 1990, ch. 65, art. 39, § 1; P.L. 1992, ch. 468, § 2; P.L. 1997, ch. 30, art. 24, § 1; P.L. 2002, ch. 65, art. 13, § 13.

46-15.3-5.1. Water supply systems management plans.

  1. All parties involved in the supply, transmission, and/or distribution of drinking water shall prepare, maintain, and carry out a water supply system management plan as described by this chapter. This requirement applies, without limitations, to:
    1. All municipalities subject to chapter 22.2 of title 45, the Comprehensive Planning and Land Use Regulation Act. The executive summary of the water supply system management plan including the demand management goals and plans for water conservation and efficient use of water, of any water supplier providing service in any municipality, shall be incorporated in the services and facilities element of the plan for that municipality required by § 45-22.2-6(6);
    2. All municipalities, municipal departments and agencies, districts, authorities or other entities engaged in or authorized to engage in the supply, treatment, transmission, or distribution of drinking water on a wholesale or retail basis, referred to herein as   “water suppliers,” which obtain, transport, purchase, or sell more than fifty million (50,000,000) gallons of water per year.
  2. A water supply system management plan shall be prepared in the format, and shall address each of the topics, listed in this section, to the extent that each is relevant to the municipality or water supplier, the water source(s), the water system(s), and the area served or eligible to be served. Notwithstanding any other provisions of this chapter, water supply management plans shall be in conformity with all applicable provisions of the Federal Safe Drinking Water Act [42 U.S.C. § 300f et seq.], chapter 13 of this title, Public Drinking Water Supply, and chapter 14 of this title, Contamination of Drinking Water, as administered by the department of health. Any other topic of interest may be included.
  3. A water supply system management plan shall include, without limitation, the following components:
    1. The water supply management component of the water supply system management plan shall include, without limitation:
      1. A statement of the goals that the plan is designed to achieve, including, but not limited to, goals for:
        1. Water resource protection;
        2. Demand management, which shall include goals as appropriate for managing peak and seasonal use of water; and
        3. Supply development as necessary and with consideration of source water availability; and
        4. System management, including system safety and reliability, infrastructure maintenance, repair, and reduction of leakage.
      2. A description of the water system(s) covered, including sources of water, the service area, present and anticipated future users, and other important characteristics;
      3. Data collection in a form that can be accepted directly into the Rhode Island Geographic Information System;
      4. Demand management measures that will achieve a high level of efficiency in the use of a limited resource, through the application of metering of one hundred percent (100%) of the water used; sanitary device retrofit; performance of and compliance with water use audits for major industrial, commercial, institutional, governmental, agricultural and other outdoor water users; education and information; and use of appropriate fees, rates, and charges to influence use demand management measures shall include such restrictions on use; as may be necessary to meet or exceed targets for water use, including seasonal use, that are established by the water resources board; and the water resources board is hereby expressly directed and authorized to establish and maintain no later than July 31, 2010, by rule targets for water use and methods for achieving the targets, which shall as appropriate take into account differing conditions among watershed and water supply areas;
      5. System management measures to insure that the following elements are optimally operated and maintained, including: leak detection and repair; meter installation and replacement; and frequency of reading meters. Maintenance or reduction of leakage to stated goals shall be considered an essential component of system management;
      6. Supply management measures to insure present and future availability of drinking water in adequate quantity and quality, including protection of the capacity and quality of drinking water sources; retaining water sources for standby or future use that are or can be improved to drinking water quality; reactivation of any water sources not in use; interconnection of systems for ongoing, standby, or emergency use; supply augmentation;
      7. Emergency management, including risk assessment; responses to temporary or permanent loss of supplies due to natural or manmade causes; extraordinary treatment processes; interruptions in the delivery system; and contamination of water sources or delivery systems;
      8. The water supply system management plans of water suppliers shall document that coordination has been accomplished with those plans of other suppliers in the vicinity and with operators of wastewater treatment and disposal facilities serving all or part of the same area or that a good faith effort to do so has been made. Plans shall be consistent with applicable local comprehensive plans and shall be integrated into the water supply plans of the municipality or municipalities in which the service area is or is planned to be located. Conversely, the local comprehensive plans shall be consistent with water supply plans;
      9. Water supply system management plans shall designate the person or organization responsible for taking each action, others who must participate, and the time period in which each action is to be taken. The capital, operating, and maintenance cost (if any) of each action shall be estimated and the anticipated source of funds shall be identified;
      10. Water suppliers subject to this chapter shall utilize methods to implement management measures necessary to achieve the findings, intent, and objectives of this chapter. The water supplier may be required to document the validity or effectiveness of any management measure, implementation method, or other provision or action included in its plan.
    2. The water quality protection component of the water supply system management plan shall include, without limitations, those items enumerated in § 46-15.3-7 .
    3. The leak detection and repair component of the water supply system management plan shall include, without limitation:
      1. Methodology for leak detection;
      2. Detailed program for the conducting of required repairs to the water supply system;
      3. Impact assessment studies on the ability of the supplier to provide for peak demand services;
      4. A priority list of actions for implementing these management measures;
      5. Every supplier of public water encompassed under this section shall conduct periodic leak detection consistent with stated goals for leakage, however no less frequently than once every ten (10) years.

History of Section. P.L. 1990, ch. 484, § 1; P.L. 1997, ch. 360, § 2; P.L. 2009, ch. 288, § 8; P.L. 2009, ch. 341, § 8.

Compiler’s Notes.

P.L. 2009, ch. 288, § 8, and P.L. 2009, ch. 341, § 8, enacted identical amendments to this section.

Collateral References.

Citizen’s cause of action under Safe Drinking Water Act, 42 U.S.C. § 300j-8. 16 A.L.R. Fed. 3d Art. 4 (2016).

Validity, construction, and application of lead limitations and “lead and copper” rule of Safe Drinking Water Act. 16 A.L.R. Fed. 3d Art. 3 (2016).

46-15.3-6. Repealed.

Repealed Sections.

Former § 46-15.3-6 (P.L. 1987, ch. 417, § 1), concerning public hearings, was repealed by P.L. 1992, ch. 468, § 3, effective July 1, 1992.

46-15.3-7. Water quality protection component.

  1. Every supplier of public water eligible for trust fund proceeds under this chapter shall, by July 1, 1988, complete a water quality protection component which shall at a minimum include:
    1. Determination of the boundaries of the watersheds of reservoirs serving the supplier or of the aquifers serving public wells.
    2. Identification of sources of contamination of each reservoir or well field.
    3. Identification of measures needed to protect each reservoir or well field from sources of contamination, including acquisition of buffer zones, diversion of storm water or spills, and desirable land use control regulations.
    4. A priority list of actions for implementing these protection measures.
  2. This component shall be adopted by the governing board of each water supplier following a public hearing. Notice of the public hearing shall be published once by the supplier at least twenty (20) days before the date set thereof, in a newspaper of general circulation in the State of Rhode Island. The notice shall set forth the date, time, and place of the hearing and shall include a brief description of the matter to be considered at the hearing. The component shall be updated at least once every five (5) years. Proceeds from the watershed protection fund shall be usable for reimbursement of suppliers for preparation of water quality protection plans.

History of Section. P.L. 1987, ch. 417, § 1; P.L. 1992, ch. 468, § 2; P.L. 1997, ch. 360, § 2.

46-15.3-7.3. Rules governing content of programs, components, review, evaluation, funding, and implementation.

The water resources board with the concurrence of the department of environmental management, the department of health, the department of administration’s division of planning, and the Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall forthwith promulgate rules and regulations for the review of components as described in this chapter. The water resources board with the concurrence of the department of environmental management, the department of health, the department of administration’s statewide planning program, and the Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall promulgate the criteria or standards which it will use to evaluate the implementation of approved components, programs and funding mechanisms.

History of Section. P.L. 1997, ch. 360, § 3.

46-15.3-7.4. Excluding requirement of state mandated cost.

The provisions of §§ 45-13-7 through 45-13-10 inclusive, shall not apply to this chapter.

History of Section. P.L. 1997, ch. 360, § 3.

46-15.3-7.5. Completion and filing of water supply system management plans.

  1. Each party required by this chapter to prepare and maintain a water supply system management plan shall complete and adopt an initial plan adhering to the schedule as previously approved by the water resources board.
  2. Municipalities and water suppliers subject to the requirements of § 46-15.3-5.1 of this chapter shall file a copy of all plans and amendments thereto with the water resources board. The plans shall be treated as confidential documents.
  3. The water resources board shall establish procedures that permit parties that review the plans under rules adopted by the water resources board to obtain sensitive information essential to performance of their reviews, including minimum measures necessary to transmit, use, store, and maintain such sensitive information under conditions that insure its security to the maximum possible. These procedures may include designation of those persons within each reviewing agency authorized to use or inspect sensitive information, and exclusion of all others. An executive summary containing an:
    1. Introduction;
    2. Background;
    3. A general system description containing:
      1. Water supply sources;
      2. Water treatment facilities;
      3. Storage facilities;
      4. Pumping stations;
      5. Raw water and finished water transmission facilities;
      6. Distribution facilities including low to high service;
      7. Planned extensions;
      8. Interconnections;
      9. Populations served and projections;
      10. Major users;
      11. Metering;
      12. Legal agreements;
      13. Leakage;
      14. Demand management;
      15. Supply management;
      16. Available water;
      17. Safe yield;
      18. Anticipated future demands;
      19. Capital improvement;
      20. Rate structure;
      21. Financial management;
      22. Emergency management;
      23. Water supply source protection; and
      24. General policies shall be developed.
    4. This summary shall be distributed as the public document. The water resources board shall be authorized to recover and secure water supply management plans and water supply system management plans previously distributed to other than water resources board and designated review agencies and replaced by executive summaries as provided herein.
  4. Municipalities and water suppliers subject to § 46-15.3-5.1 shall review their plans at least once every five (5) years, and shall amend or replace their plan as may be necessary to remain current.
  5. A municipality or water supplier subject to § 46-15.3-5.1 of this chapter may request, in writing, that the water resources board extend the time in which to complete and submit filings required by this chapter, not to exceed one year. A request shall be approved only upon demonstration that an extension is justified by extraordinary circumstances beyond the control of the municipality or water supplier. An extension, if approved, shall not waive any of the requirements of § 46-15.3-7.6 . This provision does not apply to the section on emergency management. Should a municipality or water supplier fail to submit a filing as provided herein, a determination of non-compliance shall be made by the water resources board.

History of Section. P.L. 1997, ch. 360, § 3; P.L. 2002, ch. 232, § 1; P.L. 2007, ch. 340, § 51; P.L. 2009, ch. 288, § 8; P.L. 2009, ch. 341, § 8.

Compiler’s Notes.

P.L. 2009, ch. 288, § 8, and P.L. 2009, ch. 341, § 8, enacted identical amendments to this section.

46-15.3-7.6. Expeditious review of water supply system management plans.

  1. The water resources board shall coordinate the expeditious review of water supply system management plans, replacements and amendments thereto prepared by water suppliers and all other subject to § 46-15.3-5.1 of this chapter.
  2. Upon filing of water supply system management plans, replacements and amendments thereto prepared by water suppliers under this chapter the department of environmental management, the department of health, the division of planning of the department of administration, and the division of public utilities and carriers, shall have ninety (90) days to review said filings and submit comments thereon to the water resources board.
  3. Upon consideration of written comments by all agencies designated herein the water resources board shall determine whether the plan complies with the requirements of this chapter. Should any reviewing agency find that substantive deficiencies prevent the water supply system management plan from meeting the requirements of this chapter, a determination of noncompliance shall be made by the water resources board. This determination, unless otherwise extended pursuant to this chapter, shall be made within one hundred eighty (180) days of the initial submission. A thirty (30) day public comment period shall be included in this one hundred eighty (180) day review period. Failure by the water resources board to notify the water supplier or municipality of its determination within said time limit shall constitute approval.
  4. Should the water resources board find that the water supply system management plan is in noncompliance, or deficient due to incorrect, inconsistent or missing data or information but is in substantial compliance with the objectives of this chapter, the water resources board shall issue a first notice of deficiencies. The water supplier or municipality shall have one hundred and twenty (120) days within which to correct the deficiencies and resubmit its filing addressing the comments of the water resources board. Thereafter the water resources board shall have ninety (90) days from the date of the resubmission to determine whether or not the new submission is in compliance with this chapter. Failure by the water resources board to notify the water supplier of its determination, in writing within ninety (90) days of the date of resubmission shall constitute acknowledgement of compliance.
  5. Upon the submission of plans or plan amendments prior to the scheduled submittal date, as established by the water resources board, the scheduled submittal date may be used for purposes of initiating the one hundred eighty (180) day review period. The time period for review of water supply system management plans, replacements, or amendments thereto submitted after the scheduled submittal date, shall be as determined by the water resources board.

History of Section. P.L. 1997, ch. 360, § 3; P.L. 2007, ch. 340, § 51.

46-15.3-7.7. Water suppliers — Temporary exemption.

Those water suppliers, and all others subject to the provisions of this chapter, who, at the time that this chapter takes effect, have in process the development of a water supply management plan, or component thereof, as required under any provision of the general laws, shall be temporarily exempt from having to comply with this chapter, for a period of five (5) years following the submission of a water supply management plan required under other provisions of the general laws.

History of Section. P.L. 1997, ch. 360, § 3.

46-15.3-8. Notice of imposition of charge — Actions to contest validity.

Notice of the imposition of the water quality protection charge shall be published once in a newspaper of general circulation in the state of Rhode Island at some time subsequent to the imposition of the water quality protection charge. Actions to contest the validity of the proceedings for the imposition of the water quality protection charge must be commenced within sixty (60) days after the date of the notice, and no action thereafter commenced shall raise any question concerning the validity of the proceedings and imposition of the water quality protection charge. After the expiration of the period of sixty (60) days, the validity of the proceedings and the imposition of the water quality protection charge shall be conclusively presumed.

History of Section. P.L. 1987, ch. 417, § 1.

46-15.3-9. Collection of charges.

  1. A record shall be maintained by every supplier showing the amounts of water sold, and the amounts of water quality protection charges billed. The records shall be subject to public review. The water quality protection charges shall be deemed to be trust funds for the purposes of this chapter and shall be held in a separate account.
    1. For all suppliers, other than the city of Providence acting through the Providence water supply board, or suppliers purchasing water from the city of Providence acting through the Providence water supply board, thirty-six and one tenth percent (36.1%) of the amount billed each month shall be remitted to the treasurer of the water resources board on or before the twentieth (20th) day of the second month following the month of billing.
    2. For suppliers purchasing water from the city of Providence acting through the Providence water supply board, for that portion of such supplier’s retail billings representing water furnished to the purchasers from the Providence water supply board, thirty-six and one tenth percent (36.1%) of the amount billed each month shall be remitted to the Providence water supply board, on or before the twentieth (20th) day of the second month following the month of billing, and for that portion of such supplier’s retail billings representing water furnished to the purchasers from sources other than the Providence water supply board, thirty-six and one tenth percent (36.1%) of the amount billed each month shall be remitted to the treasurer of the water resources board on or before the twentieth (20th) day of the second month following the month of billing.
    3. The amounts remitted by suppliers purchasing water from the city of Providence to the Providence water supply board and treasurer of the water resources board pursuant to the previous sentence shall be based pro rata on metered water production originating from the Providence water supply board and from all other sources in accordance with rules and regulations to be finally promulgated by the water resources board on or before September 1, 1992.
  2. For all suppliers, including the city of Providence acting through the Providence water supply board, fifty-seven percent (57.0%) of the amount billed each month shall be remitted through the water resources board to the general treasurer of the state of Rhode Island on or before the twentieth (20th) day of the second month following the month of billing and shall be deposited as general revenues.
  3. All suppliers may disburse the six and nine tenths percent (6.9%) of the charges collected and retained by the supplier as an administrative charge for any purpose relating to the operation of the supplier. All suppliers shall use or pledge the thirty-six and one tenth percent (36.1%) of the charges to pay principal or interest on bonds, notes, or other obligations issued for the purposes of this chapter or lease payments in connection with any bonds, notes, or obligations. It shall not be necessary for any supplier of public drinking water whose rates may be regulated by the public utilities commission, pursuant to chapter 1 of title 39, to obtain approval from the commission for billing of the water quality protection charge. The public utilities commission shall not, in determining rates for any supplier hereunder, consider the funds billed hereunder when determining revenue requirements for the supplier.
  4. In no event shall any supplier be responsible to collect or pay more than a single water quality protection charge with respect to water sold by such supplier, whether the date of sale was on, before, or after July 1, 1992.

History of Section. P.L. 1987, ch. 417, § 1; P.L. 1990, ch. 65, art. 39, § 1; P.L. 1992, ch. 468, § 2; P.L. 1995, ch. 370, art. 40, § 160; P.L. 2002, ch. 65, art. 13, § 13; P.L. 2007, ch. 340, § 51.

46-15.3-10. Water quality protection funds.

    1. There are hereby created three (3) water quality protection funds: one of which shall be administered by and be in the custody of the treasurer of the water resources board, one of which shall be administered by and be in the custody of the city of Providence acting through the Providence water supply board, and one of which shall be in the custody of the general treasurer. The first two (2) mentioned funds shall consist of such amounts as the state or the city of Providence may from time to time appropriate, all water quality protection charges other than the six and nine tenths percent (6.9%) and fifty-seven percent (57.0%) portions referred to in § 46-15.3-9 , proceeds from the sale of bonds and notes, as provided in subsection (b) below, and any money which may have been obtained as grants, bequests, donations, gifts, or fines which are intended to be used for purposes consistent with this chapter. This third mentioned fund shall be hereby established as a general revenue receipt account known as the “water resources operating fund”.
    2. The general revenue appropriations made available from the general revenue receipts credited to   “Water Resources Operating Fund” shall be used for the administration and support of the water resources board.
  1. The water resources board shall borrow money and issue its notes and bonds therefor, for the purposes set forth in this chapter, and pursuant to the authority and the procedures set forth in chapter 15.1 of this title, which shall be secured by pledging or assigning, in whole or in part, the revenues and other monies held or to be deposited in the water quality protection funds and any other revenues derived under this chapter.
  2. Any supplier with its own water quality protection fund may borrow money, and/or issue its bonds or notes therefor, or may lease public facilities or public equipment for the purposes set forth in this chapter. The supplier must secure any borrowings, bonds, notes, or leases by pledging or assigning, in whole or in part, the revenues and other monies held by it in its own water quality protection fund.
  3. All amounts in the water quality protection fund, water quality protection charges, and any other revenues of the water resources board, excluding those deposited as general revenues, received under the provisions of this chapter shall be deemed to be trust funds to be held and applied solely as provided in this chapter and chapter 15.1 of this title.
  4. Any money which may accumulate in the water quality protection funds, which is in excess of that pledged to repayment of outstanding bonds or notes or lease payments or loan repayments at any given time, may be used directly for eligible expenditures from the fund and shall be disbursed for these purposes in accordance with § 46-15.3-11 .

History of Section. P.L. 1987, ch. 417, § 1; P.L. 1990, ch. 65, art. 39, § 1; P.L. 1991, ch. 44, art. 19, § 2; P.L. 1992, ch. 468, § 2; P.L. 1995, ch. 370, art. 40, § 160; P.L. 2002, ch. 65, art. 13, § 13.

NOTES TO DECISIONS

Creation of Debt by Board.

The water resources board has authority to issue bond notes having a value in excess of $50,000 without receiving approval by the electorate as required by article 6, § 16, of the state constitution, which mandates a referendum whenever the state’s faith and credit is being pledged. In re Advisory Opinion to Governor, 556 A.2d 1000 (R.I. 1989).

46-15.3-11. Disbursements from the funds.

  1. Only suppliers which withdraw water from wells, reservoirs, springs, or other original sources of potable water shall be entitled to disbursements from the first of the two (2) mentioned funds created under § 46-15.3-10 administered by the water resources board. From amounts available from bond proceeds held by the water resources board, that board shall disburse to each supplier contributing to the fund a proportional amount based upon each supplier’s pro rata withdrawal of water by volume from wells, reservoirs, springs, or other original sources of water averaged over the three (3) calendar years preceding disbursement as determined by the water resources board. Suppliers shall be required to expend this money as follows:
    1. Not less than fifty-five percent (55%) shall be spent for acquisition of land or rights in land or physical improvements to acquired land required to protect the quality of raw water of the water supply system. Expenditures for maintenance, administration, and payment of taxes on land acquired under this chapter shall be included within this subdivision.
    2. Any remaining funds may be used for any eligible expenditures as defined in § 46-15.3-4 .
  2. The city of Providence shall make expenditures from amounts available in the fund held by the city of Providence based on the same formula as in subdivisions (a)(1) and (a)(2) above; provided, however, the city of Providence shall be exempt from participating in the use of an alternate deicing mixture within the Scituate watershed unless drinking water supply sodium levels exceed fifteen (15) ppm (parts per million) for three (3) consecutive years or seventeen (17) ppm (parts per million) for one year. The city of Providence will monitor sodium levels and report sodium testing results to the Rhode Island department of health and the public on a yearly basis. If drinking water supply sodium levels exceed fifteen (15) ppm for three (3) consecutive years or seventeen (17) ppm for one year, the city of Providence shall immediately participate in the use of an alternative deicing mixture within the Scituate watershed. In December of 2008, the city of Providence will provide a three (3) year report to the Rhode Island department of environmental management, the general assembly and the public. Every three (3) years, the city of Providence will submit a report to the general assembly on monitoring data for sodium levels within the Scituate watershed. This report will include monitoring data from the previous three (3) year period.
  3. In making decisions about the expenditure of money under the provisions of this chapter, suppliers shall take into account the following factors:
    1. The likelihood of development of the specific parcel proposed for acquisition;
    2. The existing land uses, as well as the likelihood of development, in the watershed;
    3. The potential threat to public drinking water sources posed by development in the watershed including, but not limited to, the intensity of development, the types of land uses, proximity to reservoirs and/or well heads, and the buffering and filtration capacity of the natural systems;
    4. Whether alternative protection measures are available and/or have been attempted, including local land use regulations;
    5. The number of persons who presently depend on the sources for their drinking water, as well as the number of persons who may depend on it in the future;
    6. The anticipated cost of the parcel proposed to be purchased, and whether less than a fee interest may be acquired which would reduce the cost significantly while still providing protection to the source;
    7. Other cost effectiveness considerations, including whether protection of the source can be provided by the construction of physical improvements;
    8. Whether acquisition of the specific parcel, and the protection of the watershed of which it is a part, is consistent with other planning considerations;
    9. Proposed management techniques for the parcel proposed to be acquired which will maximize its capacity to protect the source.
  4. The costs of issuance of notes and bonds authorized by § 46-15.3-10 may be payable from any monies in the water quality protection funds.

History of Section. P.L. 1987, ch. 417, § 1; P.L. 1990, ch. 472, § 2; P.L. 1992, ch. 468, § 2; P.L. 2005, ch. 195, § 2; P.L. 2005, ch. 200, § 2.

46-15.3-12. Dissolution.

If the board shall be dissolved, all funds of the board not required for the payment of bonds shall be paid to the general treasurer for the use of the state, and all property belonging to the board shall be vested in the state and delivered to it. If the fund for the city of Providence shall be dissolved, all the funds not required for the payment of bonds shall be paid to the city of Providence.

History of Section. P.L. 1987, ch. 417, § 1.

46-15.3-13. Severability — Construction.

  1. If any provision of this chapter shall be held invalid in any circumstance, the invalidity shall not affect any other provisions or circumstances.
  2. This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not the steps are required by statute.
  3. This chapter shall be construed liberally in aid of its declared purposes. The powers granted hereby shall be in addition to, independent of, and not in substitution for any other powers granted by law.

History of Section. P.L. 1987, ch. 417, § 1.

46-15.3-14. Repealed.

Repealed Sections.

This section (P.L. 1992, ch. 468, § 4; P.L. 2000, ch. 478, § 1), relating to public water suppliers and control of backflow and cross-connections, was repealed by P.L. 2007, ch. 127, § 2, effective June 27, 2007, and by P.L. 2007, ch. 208, § 2, effective July 2, 2007. For present comparable provisions, see § 46-13-22 .

46-15.3-15. Repealed.

Repealed Sections.

This section (P.L. 1997, ch. 360, § 3), concerning actions by the water resources board, was repealed by P.L. 2009, ch. 288, § 6, effective November 12, 2009, and P.L. 2009, ch. 341, § 6, effective November 13, 2009.

46-15.3-16. Actions by the department of health.

The department of health shall review each water supply system management plan, replacement or amendment thereto filed with it, submit comments in writing to the water resources board, as to its completeness, appropriateness for the area served, and adequacy to achieve the objectives of this chapter, and, as appropriate, to meet the requirements of the Federal Safe Drinking Water Act, Chapter 13 of this title, Public Drinking Water Supply, and Chapter 14 of this title, Contamination of Drinking Water.

History of Section. P.L. 1997, ch. 360, § 3.

Collateral References.

Citizen’s cause of action under Safe Drinking Water Act, 42 U.S.C. § 300j-8. 16 A.L.R. Fed. 3d Art. 4 (2016).

Validity, construction, and application of lead limitations and “lead and copper” rule of Safe Drinking Water Act. 16 A.L.R. Fed. 3d Art. 3 (2016).

46-15.3-17. Actions by the department of environmental management.

The department of environmental management shall review each water supply system management plan, replacement or amendment thereto filed with it, and submit comments in writing to the water resources board.

History of Section. P.L. 1997, ch. 360, § 3.

46-15.3-18. Actions by the division of planning of the department of administration.

The division of planning of the department of administration shall:

Review each water supply system management plan, replacement, or amendment thereto submitted by a water supplier as provided by § 46-15.3-5.1 and submit comments in writing to the water resources board. Water supply system management plans or amendments thereto prepared by municipalities as required by § 46-15.3-5.1 shall be reviewed as provided by chapter 22.2 of title 45.

History of Section. P.L. 1997, ch. 360, § 3.

46-15.3-19. Actions by the division of public utilities and carriers and the public utilities commission.

The division of public utilities and carriers shall review each water supply system management plan, replacement or amendment thereto filed with it by a regulated water supplier and submit comments in writing to the water resources board as to its completeness, appropriateness for the area served and adequateness to achieve the objective of this chapter.

History of Section. P.L. 1997, ch. 360, § 3.

46-15.3-20. Enforcement.

  1. The water resources board shall forward any determination of non-compliance made pursuant to §§ 46-15.3-7.5 and 46-15.3-7.6 to the division of public utilities and carriers. The division of public utilities and carriers shall consider such determinations of non-compliance as a complaint under § 39-4-3 .
  2. The order of the division of public utilities and carriers may be appealed pursuant to § 39-5-1 .

History of Section. P.L. 1997, ch. 360, § 3; P.L. 2010, ch. 239, § 23.

46-15.3-21. Fees, rates and charges.

  1. The fees, rates, and charges for drinking water are a mandatory component of water supply system management.
  2. The following factors shall be considered in setting fees, rates, and charges:
    1. Recovery of all capital and operating costs, fixed and variable of production, conservation, use, management, protection, obtaining, development, procuring, and/or transporting water, and its sale at wholesale or retail;
    2. Marginal cost pricing;
    3. Emergency and drought period surcharges;
    4. Seasonal price structures;
    5. Difference in costs based upon different points of delivery;
    6. The effect of fees, rates, and charges on use of water and, where applicable, on wastewater costs and charges;
    7. The effect of reducing leakage to levels consistent with stated goals;
    8. Preparing, maintaining and implementing water supply system management programs; and
    9. Notwithstanding any other provisions of law, the Providence water supply board shall transfer to the general fund of the city of Providence an amount equal to five percent (5%) per annum times the annual gross revenues of the Providence water supply board for the fiscal year ending June 30, 2004, and for the next two (2) succeeding fiscal years. This transfer shall not be included as part of the Providence water supply board’s rates approved by a final unappealable order of the public utilities commission for the same three (3) fiscal years.
  3. Notwithstanding the provisions of §§ 39-2-2 and 39-2-5 , all rates and charges made by water suppliers which decline as quantity used increased are hereby declared to be no longer conducive to sound water supply system management designed to properly conserve, develop, utilize, and protect this finite natural resource. The public utilities commission may order rates for suppliers of water which either do not vary with quantities used or when there is evidence of increasing costs to either the utility or to society, rates which increase as the quantity used increases. If the commission finds that changing rates to comply with this section will cause a hardship to a class of customers, the commission may order that rates for that class of customers be changed to comply with this section over a period of time not to exceed five (5) years.
  4. Notwithstanding the provisions of §§ 39-2-2 and 39-2-5 , the public utilities commission may order a reduction in rates consistent with the amount by which a supplier exceeds the stated goals for leakage.

History of Section. P.L. 1997, ch. 360, § 4; P.L. 2003, ch. 376, art. 7, § 13; P.L. 2009, ch. 288, § 8; P.L. 2009, ch. 341, § 8.

Compiler’s Notes.

P.L. 2009, ch. 288, § 8, and P.L. 2009, ch. 341, § 8, enacted identical amendments to this section.

46-15.3-22. Billing and collection of fees, rates, and charges.

  1. Financial support of water supply and provision of timely and accurate information on costs to users are mandatory components of water supply system management.
  2. All water suppliers shall meter all water delivered and shall maintain and replace meters in accordance with their management plans. Water suppliers that service the Town of Johnston shall formulate and carry out a program for installation of radio frequency reading systems. These programs shall be initiated not later than December 31, 2015.
  3. Water suppliers shall record metered usage and bill quarterly or less frequently by December 31, 2013.
  4. [Deleted by P.L. 2009, ch. 288, § 8 and P.L. 2009, ch. 341, § 8].

History of Section. P.L. 1997, ch. 360, § 4; P.L. 2009, ch. 288, § 8; P.L. 2009, ch. 341, § 8; P.L. 2013, ch. 495, § 1.

Compiler’s Notes.

P.L. 2009, ch. 288, § 8, and P.L. 2009, ch. 341, § 8, enacted identical amendments to this section.

46-15.3-23. Sanitary device retrofitting.

  1. Water supply system management shall include retrofitting existing water users not in conformance with the state plumbing code standards for new or replacement sanitary devices with water-saving plumbing equipment, including, but not limited to, low-flow faucet aerators and shower heads, toilet displacement equipment, and materials for toilet tank leak detection.
  2. A water utility may act as a central purchaser and supplier of water efficiency devices which comply with state plumbing codes and may enter into cooperative agreements with other water suppliers or other agencies to facilitate bulk purchases of water efficiency devices required to implement, approved retrofit plans. A retrofitting program shall include, without limitation:
    1. Annual notification to each residential class user of the objectives and accomplishments of the retrofit program and of the availability of water-saving plumbing devices at cost or at no direct cost;
    2. Installation of water saving plumbing equipment for residential class users by the water supplier at cost or at no direct cost as scheduled in the water supply system management plan;
    3. Technical assistance and water audits to formulate and implement retrofit programs for major multiple unit housing areas or developments and commercial and industrial users. Water suppliers may enter into cooperative agreements with the owners or management of such users for the preparation of specifications, bulk purchase, and installation of sanitary device retrofit equipment for the purpose of implementing retrofit programs.

History of Section. P.L. 1997, ch. 360, § 4; P.L. 2007, ch. 340, § 51.

46-15.3-24. Financing water supply system management.

  1. The cost of water supply system management planning and water supply system management as required by this chapter shall be financed as follows:
    1. The cost of preparing and maintaining water supply system management plans as required by § 46-15.3-5.1(A)(1) shall be paid by the municipality from any funds made available under chapter 22.2 of title 45 or from any other funds used to prepare, maintain, and amend local comprehensive plans. Expenses incurred in conducting these activities are exempt from reimbursement as a state mandate under §§ 45-13-6 through 45-13-10 ;
    2. The cost of preparing and maintaining water supply system management plans and carrying out water supply system management programs as required by § 46-15.3-5.1(A)(2), shall be paid from charges against water users. Such charges shall be limited to those necessary and reasonable to undertake the actions required by this chapter, and shall be included in bills rendered in accordance with § 46-15.3-21(b) ;
  2. A public or private utility, under the jurisdiction of the public utilities commission, providing water service may file with the public utilities commission proposed rates and charges, including emergency rate relief, so as to provide for the necessary and reasonable costs of carrying out the requirements of this chapter. The public utilities commission shall hear and decide such requests as provided by title 39, and shall allow adjustments in rates necessary to offset necessary and reasonable reductions in revenues resulting from implementation of a water supply system management program;
  3. Water utilities will be operated as financially self-supporting agencies and shall maintain revenue levels sufficient to cover all fixed and variable capital and operating costs of conservation, use, management, protection, development and other costs of water supply and may be allowed a reasonable profit.

History of Section. P.L. 1997, ch. 360, § 4; P.L. 2007, ch. 340, § 51.

46-15.3-25. Transfer of charges to Rhode Island infrastructure bank.

Notwithstanding any law, rule or regulation to the contrary, upon the dissolution of the water resources board (corporate) pursuant to § 46-15.1-22 , any charges remitted to the water resources board (corporate) pursuant to this chapter shall be remitted to the Rhode Island infrastructure bank, a body politic and corporate and public instrumentality of the state established pursuant to chapter 12.2 of title 46.

History of Section. P.L. 2009, ch. 68, art. 5, § 7; P.L. 2015, ch. 141, art. 14, § 21.

Chapter 15.4 Water Supply Management [Repealed.]

46-15.4-1 — 46-15.4-16. Repealed.

Repealed Sections.

This chapter (G.L. 1956, § 46-15.4-1 5; P.L. 1991, ch. 311, § 1; P.L. 1992, ch. 402, § 1; P.L. 1993, ch. 312, § 2; P.L. 1993, ch. 438, § 2; P.L. 1995, ch. 188, §§ 1, 2) consisting of §§ 46-15.4-1 through 46-15.4-16, concerning water supply management, was repealed by P.L. 1997, ch. 360, § 1, effective July 1, 1997. For present comparable provisions, see § 46-15.3-1 et seq.

Chapter 15.5 Bristol County Water Supply

46-15.5-1. Name.

This chapter shall be referred to as the “Bristol County Water Supply Act”.

History of Section. P.L. 1992, ch. 134, § 1.

46-15.5-2. Legislative declaration.

Recognizing the importance of protecting, maintaining and utilizing all sources of potable water and recognizing that with the continued demands on the Scituate Reservoir, this general assembly hereby finds and declares that:

  1. The citizens of Bristol County lack an adequate and secure supply of potable water;
  2. Heretofore acting through the Bristol County water authority, the citizens of Bristol County have presented a proposal for the construction to bring water from the Scituate Reservoir to Bristol County;
  3. The state and its citizens would be better served and the environment enhanced by the construction of an additional connection connecting Bristol County to the Scituate Reservoir;
  4. The need for water in Bristol County is critical and requires immediate and prompt action on the part of the state, its agencies, boards and commissions;
  5. [Deleted by P.L. 2021, ch. 92, §  1 and P.L. 2021, ch. 95, §  1.]
  6. The alternatives authorized by this chapter will be less expensive than the East Providence connection, so-called; and
  7. Reliance by citizens of East Providence and Bristol County on a single connection would create a hazard to the health, safety, and welfare of the citizens of East Providence and Bristol County, and, therefore, the construction of an emergency connection that shall permit water to flow in either direction is a public necessity.
  8. [Deleted by P.L. 2021, ch. 92, §  1 and P.L. 2021, ch. 95, §  1.]

History of Section. P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1; P.L. 2021, ch. 92, § 1, effective July 1, 2021; P.L. 2021, ch. 95, § 1, effective July 1, 2021.

Compiler's Notes.

P.L. 2021, ch. 92, § 1, and P.L. 2021, ch. 95, § 1 enacted identical amendments to this section.

46-15.5-3. Pipeline connection.

  1. The Bristol County water authority shall design, plan, permit, and construct an additional connection to the City of Providence water supply system and construct a new water transmission line to its existing reservoirs. The additional connection to Providence will be constructed north of Fields Point across the Providence River through subterranean excavation, directional drilling or micro tunneling for a pipe not to exceed thirty (30) inches in diameter and without any excavation of the river bed and to extend its transmission mains into and through the city of East Providence to connect with the distribution system of the Bristol County water authority to effect a regular and emergency connection at such places and on such terms and pursuant to such plans as the water resources board shall approve pursuant to the provisions of § 46-15-7 .
    1. In addition, the Bristol County water authority shall design, plan, permit, and construct an emergency connection to the City of East Providence water supply system at such point and upon such terms and conditions as the authority, the city and the water resources board shall agree upon.
    2. It is hereby being determined that such connections are just and equitable to all the municipalities affected thereby and that such connections are justified by public necessity and are desirable, and will not adversely affect present and future necessities for sources of water supply, including an adequate flow to the Pawtuxet River.
    3. The Providence water supply board shall release a minimum of nine million (9,000,000) gallons of water per day into the Pawtuxet River from the Scituate Reservoir, thereby assisting the cities of Cranston and Warwick and the towns of Coventry and West Warwick to achieve its wastewater treatment plan permit limits and enable the Pawtuxet River to meet EPA Class C water quality standards.
    4. The water resources board shall give priority consideration to the application, when and if filed by the Bristol County water authority pursuant to the provisions of § 46-15-7 , but the application need only address the plans and specifications for the connections and the means by which the connections will be effected. There shall be no requirement that the Bristol County water authority demonstrate public necessity, or whether the plans and specifications give consideration to present and future necessities for the sources of water supply. The design contained in the plans and specifications shall afford the Bristol County water authority a capacity not to exceed 7.5 million (7,500,000) gallons per day maximum day demand. The provisions of § 46-15.3-7.6 or chapter 15.3 of this title shall not apply to any approval of the connection.
  2. The design, of both the new raw water transmission line and the additional connections to the City of Providence water supply system including the emergency connection to the City of East Providence water supply system shall be commenced simultaneously, and such projects shall be simultaneously pursued to completion with all reasonable diligence.

History of Section. P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1; P.L. 2007, ch. 340, § 52.

46-15.5-4. Rates and charges for water.

If either the city of East Providence or the Bristol County water authority shall utilize the emergency connection, the party providing water shall charge the party for the water so provided an amount determined by applying the rate charged to such providing party by the Providence water supply board under the then current schedule applicable to such party. No such connection nor the transmission of water through such connection nor the payment of the surcharge shall subject the City of East Providence to the jurisdiction of the public utilities commission pursuant to § 39-1-2(a)(20) .

History of Section. P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1.

Compiler’s Notes.

§ 39-1-2(20), referred to in this section, was changed to “§ 39-1-2(a)(20) ” by P.L. 2020, ch. 79, § 2.

46-15.5-5. Financing.

  1. The Bristol County water authority extension of its transmission system to connect to the Providence water supply system through the additional connection together with the emergency connection as set forth in § 46-15.5-3 and the cost of planning, design and permitting the improvements to the Bristol County water authority’s existing system as set forth in § 46-15.5-6 (the   “existing system” enhancement) as directed by the water resources board shall be deemed an approved intersystem facility as that term is defined in § 46-15.2-3 and fifty percent (50%) of the cost thereof shall be considered eligible for funding pursuant to the provisions of chapter 15.2 of this title. There is hereby included in the 1994 capital budget an amount equal to $14.8 million ($14,800,000) to be used to fund such additional connections, the emergency connection and the existing system enhancement. The water resources board is hereby directed to take such steps as shall be necessary to transfer any funds heretofore set aside or designated for purposes of providing funding to the Bristol County water authority for the cross-bay pipeline to the East Providence connection authorized and directed by this chapter.
  2. The Bristol County water authority is deemed to have met the provisions of § 46-15.2-5(d)(2) , (3), (4), (5), (6), (8), (e) and (f) with respect to the connections authorized by this chapter. The water resources board shall give priority to the application filed by the Bristol County water authority in accordance with chapter 15.2 of this title and this chapter and shall approve the project based upon its findings of fact as provided in §§ 46-15.2-5(d)(1) and (7) without the necessity of meeting any other conditions precedent set forth in §§ 46-15.2-4(e) and 46-15.2-6(a) .
  3. All other state agencies having jurisdiction over the Bristol County water authority with respect to any permit required to design and construct the additional and emergency connections authorized by this chapter shall give administrative, hearing and decisional priority to any application for any such permit.

History of Section. P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1; P.L. 2007, ch. 340, § 52.

46-15.5-6. [Repealed.]

History of Section. P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1; P.L. 2007, ch. 340, § 52; repealed by P.L. 2021, ch. 93, § 1, effective July 1, 2021; repealed by P.L. 2021, ch. 94, § 1, effective July 1, 2021.

Compiler's Notes

Former § 46-15.5-6 concerned existing facilities of the Bristol County water authority.

46-15.5-6.1. Limitation on expenditures.

The Bristol County water authority shall pay fifty percent (50%) of costs of planning, design, permitting and construction of the additional and emergency connections authorized by this chapter until the total cost thereof shall equal $29.6 million ($29,600,000). All costs in excess of $29.6 million ($29,600,000) will be paid by the Bristol County water authority. In the event that the total expenditures by the Bristol County water authority for the planning, design, permitting and construction of the additional and emergency connections authorized hereby shall be less than $14.8 million ($14,800,000), the Bristol County water authority shall expend the differences for the planning, design, permitting and construction of the existing systems enhancements, with the first priority being given to the completion of a new raw water transmission line to the existing Bristol County reservoirs.

History of Section. P.L. 1993, ch. 243, § 2.

46-15.5-7. Connection with Providence water supply system.

The provisions of § 18 of chapter 1278 of the public laws of Rhode Island, of 1915 as amended, dealing with the connection of the Bristol County water authority with the Providence water supply system are hereby amended to authorize the additional connection and the emergency connections in the manner approved by the water resources board in accordance with the provisions of this chapter and with chapter 15 of this title. That § 18 is further amended by adding the City of East Providence to those cities wherein all pipelines and other water works appurtenances of the Bristol County water authority are exempt from local taxation. The City of Providence is authorized and directed to treat the additional connection as an acceptable “delivery point” pursuant to those provisions of that certain agreement dated March 28, 1986 between the Bristol County water authority and the City of Providence, subject nevertheless to the provisions of § 5 of such agreement.

History of Section. P.L. 1992, ch. 134, § 1; P.L. 1993, ch. 243, § 1.

46-15.5-8. Repealed.

Repealed Sections.

Former § 46-15.5-8 (P.L. 1992, ch. 134, § 1), concerning right to lay pipe and open streets, was repealed by P.L. 1993, ch. 243, § 3, effective July 23, 1993.

46-15.5-9. Administrative priority.

Any state agency, board, council, or commission shall give priority in terms of consideration of, and hearing on, any application made by the Bristol County water authority seeking necessary approvals to carry out the provisions of this chapter.

History of Section. P.L. 1992, ch. 134, § 1.

46-15.5-10. Transfer of functions.

Notwithstanding any transfer of functions from the water resources board to the department of environmental management or any provision of law, the water resources board shall retain all jurisdiction with respect to chapter 15 of this title as in effect prior to the enactment of chapter 461 of the Public Laws of 1990, and as amended, herein shall remain in effect for purposes of implementing this chapter.

History of Section. P.L. 1992, ch. 134, § 1.

Chapter 15.6 Clean Water Infrastructure

46-15.6-1. Short title.

This chapter shall be referred to as the “Comprehensive Clean Water Infrastructure Act of 1993”.

History of Section. P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1.

46-15.6-2. Legislative findings, intent, and objectives.

  1. The general assembly hereby recognizes and declares that:
    1. Water is vital to life and comprises an invaluable natural resource which is not to be abused by any segment of the state’s population or its economy. It is the policy of this state to restore, enhance, and maintain the chemical, physical, and biological integrity of its waters to protect health.
    2. The waters of this state are a critical renewable resource which must be protected to insure the availability of safe and potable drinking water for present and future needs.
    3. It is a paramount policy of the state to protect the purity of present and future drinking water supplies by protecting the infrastructure of potable water, including treatment plants, pipes, valves, pumping stations, storage facilities, interconnections, and water mains.
    4. It is imperative to provide a uniform and valid mechanism to base assistance for the construction, repair, protection, and/or improvement of potable water infrastructure replacement.
    5. The decay of infrastructure and related construction due to deterioration or functional obsolescence can threaten the quality of supplies and, therefore, can endanger public health; thus it is necessary to take immediate and continuing steps to repair and replace the infrastructure used to deliver water supplies in order to restore water system facilities.
    6. Failure to replace the infrastructure used to deliver water supplies may cause and probably will continue to degrade the quality of public drinking water.
    7. Protection of water quality is necessary from the collection source through the point of delivery to the ultimate consumer.
    8. The potable threat to public health caused by unsafe drinking water far outweighs the economic costs for the construction of the potable water infrastructure replacement.
  2. That the objectives of this chapter are:
    1. To establish a funding mechanism to insure that infrastructure replacement programs are carried out by each municipality and by each municipal department, agency, district, authority, or other entity engaged in or authorized to engage in the supply, treatment, transmission, or distribution of drinking water, and
    2. That the plans and their execution achieve and insure that the investment of the public in such facilities is not eroded.

History of Section. P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1; P.L. 2007, ch. 340, § 53.

46-15.6-3. Infrastructure replacement program.

All municipalities, municipal departments and agencies, districts, authorities or other entities engaged in or authorized to engage in the supply, transmission, distribution of drinking water on a wholesale or retail basis, and which obtain, transport, purchase, or sell more than fifty million (50,000,000) gallons of water per year, shall be referred to as “water suppliers” for the purpose of this chapter. All water suppliers shall prepare, maintain, and carry out an infrastructure replacement program as described in this chapter.

History of Section. P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1.

46-15.6-4. Content of infrastructure replacement component.

  1. The infrastructure replacement component (hereinafter referred to as   “component”) shall include without limitation:
    1. A detailed financial forecast of facility replacement improvement requirements for the next twenty (20) years including, but not limited to, the principal components of the water system such as reservoirs, dams, treatment plants, pipes, valves, fire hydrants, pumping stations, storage facilities, pumping and well equipment, interconnections and water mains. Each financial forecast shall analyze the condition and life expectancy of the existing facilities, prioritize needed repairs and replacements and amortize such improvement requirements on an annual basis over the next twenty (20) years in accordance with rules and regulations promulgated herein. Water suppliers which have in effect infrastructure improvement or rehabilitation programs and mechanisms for funding approved by their appropriate governing bodies may submit their existing programs for complete or partial compliance with the provisions of this section.
    2. A method that establishes and maintains fiscal controls and accounting depreciation standards sufficient to ensure proper accounting for evaluation of facility requirements necessitated by this chapter in accordance with rules and regulations promulgated herein.
  2. Components shall be consistent with applicable local comprehensive plans in which the service areas are or are planned to be located.
  3. Proceeds from the watershed protection fund shall be usable for reimbursement of water suppliers for preparation of their infrastructure replacement components as described in this chapter up to fifty percent (50%) of the cost of the component.

History of Section. P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1.

46-15.6-5. Completion, filing, approval and implementation of infrastructure component.

  1. Each water supplier required by this chapter to prepare and maintain an infrastructure replacement component shall complete and adopt a component two (2) years subsequent to the date each party’s water supply management plan per § 46-15.3-7.5 is due.
  2. Water suppliers subject to the requirements of § 46-15.6-3 shall file a copy of all components, only to the extent the components differ from plans filed under § 46-15.3-5.1 thereto with the following: the division of drinking water quality of the department of health (hereinafter referred to as   “the department”).
  3. A water supplier subject to § 46-15.6-3 shall review their components at least once every five (5) years and shall modify or replace their components as necessary.
  4. The department shall coordinate expeditious review of components prepared by water suppliers subject to this chapter. Upon receipt of components prepared by water suppliers under this chapter, water resources board, and the division of public utilities and carriers (for those water suppliers within their jurisdiction) shall have one hundred and twenty (120) days to review the components and submit comments thereon to the department. Upon consideration of written comments by all agencies designated herein the department shall determine whether the component complies with the requirements of this chapter. This determination shall be made within eight (8) months of the initial submission. A thirty (30) day public comment period shall be included in this eight (8) month review period. Failure by the department to notify water suppliers of its determination within the prescribed time limit shall constitute approval.
  5. Each water supplier shall implement the requirements of its infrastructure replacement program and component, including its infrastructure replacement fund, as mandated by this chapter in accordance to rules and regulations promulgated per § 46-15.6-7 .

History of Section. P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1; P.L. 1995, ch. 103, § 1; P.L. 1997, ch. 37, § 1; P.L. 1998, ch. 340, § 1; P.L. 2009, ch. 288, § 9; P.L. 2009, ch. 341, § 9.

Compiler’s Notes.

P.L. 2009, ch. 288, § 9, and P.L. 2009, ch. 341, § 9, enacted identical amendments to this section.

NOTES TO DECISIONS

Applicability.

The Public Utilities Commission exceeded its authority by denying infrastructure replacement component funds for meter replacements consistent with a utility’s Department of Health-approved plan. Providence Water Supply Bd. v. PUC, 708 A.2d 537, 1998 R.I. LEXIS 84 (R.I. 1998).

46-15.6-6. Financing infrastructure replacement.

The cost of infrastructure replacement programs and indemnification as required by this chapter shall be financed as follows:

  1. The cost of programs to implement infrastructure replacement shall be paid by the water users. The charges shall be limited to those necessary and reasonable to undertake the actions required by this chapter. These charges shall be based upon the annual funding requirements of the facility improvements necessitated over each successive twenty (20) year period. Interest earned on money in this infrastructure replacement fund shall be credited to this infrastructure replacement fund.
  2. Each water supplier designated in § 46-15.6-3 shall establish a special account designated as the infrastructure replacement fund to be held as a restricted receipt account and to be administered by the water supplier solely to implement and carry out the replacement of infrastructure as required by this chapter.
  3. Any money which may accumulate in the infrastructure replacement fund in excess of that needed to implement the annual infrastructure replacement program or in excess of that exclusively pledged to repayment of outstanding bonds or notes or loan repayments to implement the infrastructure replacement program shall revert to the rate payers of that particular system on a biannual basis.
  4. Each water supplier designated in § 46-15.6-3 may, as a complete or partial alternative to direct funding of its infrastructure replacement program, finance its infrastructure replacement program through bonding. The annual debt service of each bond or bonds shall be applied and credited towards the annual requirement of the infrastructure replacement program’s annual funding requirements.
  5. The Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall permit an increase for just and reasonable infrastructure replacement in the portion of the water suppliers’ rate structure to comply with this chapter and shall allow the water supplier to add this required funding to its rate base in accordance with this chapter.

History of Section. P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1; P.L. 2009, ch. 288, § 9; P.L. 2009, ch. 341, § 9.

Compiler’s Notes.

P.L. 2009, ch. 288, § 9, and P.L. 2009, ch. 341, § 9, enacted identical amendments to this section.

NOTES TO DECISIONS

Construction With Other Law.

Public Utility Commission’s (PUC) decision to deny a county water authority’s (CWA) requested rate increase of 35 percent by limiting the funding of the CWA’s infrastructure replacement program did not conflict with the Comprehensive Clean Water Infrastructure Act of 1993 (CCWIA), R.I. Gen. Laws § 46-15.6-6 , because the PUC’s statutory authority in R.I. Gen. Laws § 39-1-1(c) could be read harmoniously with the CCWIA as consistent with the legislature’s design that the PUC review rate cases and protect the public from unreasonable rates, tolls, and charges. In re Kent County Water Auth. Change Rate Schedules, 996 A.2d 123, 2010 R.I. LEXIS 86 (R.I. 2010).

46-15.6-7. Rules governing content of programs, components, review, evaluation, funding, and implementation.

The department with the concurrence of the water resource board, and the Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall forthwith promulgate rules and regulations for the review of components as pertains to financial forecasts of facility replacement, improvement requirements and fiscal controls and accounting depreciation standards per § 46-15.6-4(a)(1) and (a)(2). The department with the concurrence of the water resource board, and the Rhode Island public utilities commission, as to water suppliers within its jurisdiction, shall promulgate the criteria or standards which it will use to evaluate the implementation of approved components, programs and funding mechanisms.

History of Section. P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1; P.L. 1997, ch. 37, § 1; P.L. 2009, ch. 288, § 9; P.L. 2009, ch. 341, § 9.

Compiler’s Notes.

P.L. 2009, ch. 288, § 9, and P.L. 2009, ch. 341, § 9, enacted identical amendments to this section.

46-15.6-8. Severability.

If any provision of this chapter or of any rule, regulation or determination made thereunder, or the application thereof to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of such provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of this chapter.

History of Section. P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1.

46-15.6-9. Excluding requirement of state mandated cost.

The provisions of §§ 45-13-7 45-13-10 shall not apply to §§ 46-15.6-1 46-15.6-8 .

History of Section. P.L. 1993, ch. 312, § 1; P.L. 1993, ch. 438, § 1.

Chapter 15.7 Management of the Withdrawal and Use of the Waters of the State

46-15.7-1. Legislative findings and declaration.

  1. The general assembly finds that:
    1. The constitution of the state of Rhode Island charges the general assembly with responsibility for the conservation of all natural resources, including water.
    2. The supply of fresh water available to the people of Rhode Island for use in their daily lives and to support agriculture, hydropower, indigenous wildlife and plant species, navigation, water-based recreation, wetlands, and other uses is finite and is not equally available or accessible throughout the state.
    3. A significant portion of the fresh water resource of the state is already being used to serve a variety of needs and purposes and the total volume and quality of the remaining fresh water resource of the state is subject to quantitative, qualitative, or geographic constraints on its availability or use.
    4. Allocation of the water resource of Rhode Island has thus far been accomplished on a random, first come, first served, or ad hoc basis with minimal or no consideration given to overall allocation of the resource so as to meet all present and foreseeable future needs.
    5. All of the data needed to properly manage the allocation and use of the water resource of the state are not available. The responsibility to provide essential data rests primarily upon those who withdraw and use the waters of the state.
  2. Therefore, the general assembly declares that:
    1. Management of the amounts, purposes, timing, locations, rates, and other characteristics of fresh water withdrawals from ground or surface waters is essential in order to protect the health, safety, and general welfare of the people of the state of Rhode Island, to promote the continued existence, diversity, and health of the state’s native wildlife and plant species and communities, and the fair and equitable allocation of the water resource among users and uses, and to insure that long-range rather than short-range considerations remain uppermost.
    2. To support these objectives adequate data is essential to determine the capabilities of the state’s water resources to support various uses and users and the quantities of water needed for these uses.
    3. This requirement shall be carried out by management of fresh water resources of the state based on long-range planning for and conservation of these resources; fairness, equitable distribution, and consideration for all human uses; matching the use of water with the quality of water necessary for each use, giving priority to those uses that require the highest quality water; maintenance of native aquatic and terrestrial animal and plant species, populations, and communities and statewide diversity; continued upholding of and improvement in the quality of the environment and especially of the water resources itself; and careful integration with all other social, economic, and environmental objectives, programs, and plans of the state.
    4. The water resources board is the state agency which manages the withdrawal and use of the waters of the state of Rhode Island.
    5. With regard to agriculture, it is a priority of the state to preserve agriculture; securing this state priority involves allocation of water resources in a manner that provides for agricultural sustainability while recognizing the importance of other water uses, and accordingly, in any program by which water withdrawals may be allocated by the board pursuant to its powers, including, but not limited to, powers set forth in chapters 15, 15.1, 15.3 and 15.7 of this title, the board shall give priority to commercial agricultural producers, as defined in § 46-15.3-4(2) , that have adopted and implemented an agricultural water withdrawal management plan which has been approved by the department of environmental management, division of agriculture, consistent with duly adopted plans and estimates regarding the aggregated supply available from the affected water resource. In putting into effect the purposes of this subdivision, the board shall consider the reduction in water withdrawal that has resulted from the implementation of an agricultural water withdrawal management plan as a credit against any reduction in water withdrawal which would otherwise be required; and to the extent not inconsistent:
      1. With the board’s obligations to assure drinking water supplies under chapter 15.3 of this title and water supplies for fire protection; and
      2. With federal and state law, the board shall allow commercial agricultural producers to continue to irrigate commercial crops either in fields or greenhouses, notwithstanding a critical dry period.

History of Section. P.L. 1998, ch. 285, § 1; P.L. 1999, ch. 461, § 4; P.L. 2000, ch. 336, § 2.

46-15.7-2. Definitions.

The following words and phrases shall have the meanings stated herein when used in this chapter:

  1. “Board”  means the Rhode Island water resources board created by chapter 15 of this title.
  2. “Person”  means and is defined by § 46-13-2(2) .
  3. “Safe yield”  means a sustainable withdrawal that can be continuously supplied from a water source without adverse effects throughout a critical dry period with a one percent (1%) chance of occurrence, or one that is equivalent to the drought of record, whichever is worse.
  4. “Water source”  means any location at which ground or surface water may be withdrawn for any purpose, including tidal waters, harbors, estuaries, rivers, brooks, watercourses, waterways, wells, springs, lakes, ponds, impoundments, diversion structures, wetlands, aquifers, recharge areas, and any others that are contained within, flow through, or border on this state or any portion thereof.
  5. “Water Supply System Management Plan”  means a plan, which may be an element of a local comprehensive plan, adopted and approved in accordance with chapter 15.3 of this title.
  6. “Withdrawal”  means taking of water from a water source for any purpose, regardless of the quantity or quality of the water taken or its eventual disposition including return to the same water source.

History of Section. P.L. 1998, ch. 285, § 1.

46-15.7-3. Functions of the water resources board.

Actions authorized or directed by this section must be taken in accordance with the Administrative Procedures Act, chapter 35 of title 42.

  1. The board shall adopt by rule standards and procedures for implementation of the requirements of this chapter that are consistent with applicable statutes.
  2. The board shall conduct a comprehensive and detailed inventory of the water resources of this state, and shall maintain the inventory on a current and valid basis.
    1. The purpose of this inventory shall be to establish the quantity of water existing in every water source, the quantity that is being used or is needed for every significant purpose, as listed in § 46-15.7-1(a)(2) preceding, and the quantity that is available to support other uses.
    2. The board shall use data available from state and federal agencies, local governments, elements of the state guide plan, water supply system management plans, persons who withdraw water, and any other valid information that contributes to accomplishing the purpose of this chapter. It is the responsibility of each water user to provide data, or the best available estimates, on their water withdrawals.
    3. The board shall gather any other information that will assist it in determining the capability of the state’s water resource to support various uses and users, and the quantities of water being used to support these. All of the uses and users listed in § 46-15.7-1(a)(2) and any others that are relevant shall be included.
  3. The board shall identify any water source where existing uses and users are shown to have reached or threaten to approach or exceed the safe yield of that source.

History of Section. P.L. 1998, ch. 285, § 1.

Chapter 15.8 Water Use and Efficiency Act

46-15.8-1. Short title.

This act shall be known and may be cited as the “Water Use and Efficiency Act.”

History of Section. P.L. 2009, ch. 288, § 3; P.L. 2009, ch. 341, § 3.

Compiler’s Notes.

P.L. 2009, ch. 288, § 3, and P.L. 2009, ch. 341, § 3, enacted identical versions of this chapter.

46-15.8-2. Legislative findings.

  1. The general assembly finds and declares that:
    1. Rhode Island is fortunate to have sufficient precipitation to meet Rhode Island’s water needs, if that water is not wasted and if it is well and fairly managed. With scarcity of water a growing concern for many southern and western states, Rhode Island’s adequate water supply can and should be an economic advantage for our state;
    2. Water is a renewable but a limited resource essential to the survival of all living things. The mission of the water supply profession is to provide a reliable supply of high quality water for the protection of public health, safety and welfare, and to ensure a sustainable balance between human and ecological water needs. Environmental stewardship and integrated water resource management, including land conservation, wetlands protection, and protecting the ecological integrity of water resources, are core values of the water supply profession and are essential to sustaining this mission;
    3. Efficient and equitable management of our shared water resources allows us to make water available to new economic development as well as meet existing water needs, both of which support our state’s economic vitality and the quality of life of our communities;
    4. Good management allows us to provide water for necessary residential use as well as economic growth, at the same time that we preserve and protect the natural resources that make Rhode Island such an attractive place to live, and that support important economic activity that depends upon a healthy environment, such as fisheries, farming and tourism;
    5. Rhode Island is currently consuming large amounts of water for inefficient outdoor non-agricultural summer landscape irrigation.
    6. More efficient use of our shared water supply, especially by residential users, makes more water available for economic activity and for replenishment of stream flow, and is usually the most cost-effective and quickest way to maximize available water supply. Conservation must be a priority for successful water management.
    7. Rhode Island’s water supply infrastructure must be maintained if it is to continue to supply the state with clean water sufficient to meet our needs; it is far cheaper to “pay as you go” than to defer infrastructure maintenance, which will result in it being far more expensive in the future.
    8. Municipalities should consider the water available for human use and likely water needs at build out in making planning decisions.
    9. The Rhode Island Water Resources Board, as an independent water supply agency, is vital to the success of this legislation and will provide necessary balance in working toward the sustainability of Rhode Island’s water resources.

History of Section. P.L. 2009, ch. 288, § 3; P.L. 2009, ch. 341, § 3.

46-15.8-3. Purposes.

The purposes of this act are:

  1. To help assure reasonable, needed and adequate future water supplies by:
    1. Managing demand;
    2. Reinvesting in water supply infrastructure and water supply resources; and
    3. Protecting and preserving the health and ecological functioning of the water resources of the state.
  2. To strengthen water resources and supply planning by implementing, effectively and efficiently, water rates and water supply system management plans that are designed to achieve appropriate infrastructure reinvestment and demand management.
  3. To increase the efficient and effective administration of government responsibilities by establishing municipal water departments, boards, and authorities as self-sustaining enterprise funds.

History of Section. P.L. 2009, ch. 288, § 3; P.L. 2009, ch. 341, § 3.

46-15.8-4. Duties of water suppliers.

All public drinking water supply systems that are subject to the requirements of § 46-15.3-5.1 shall have a duty:

  1. To manage demand to assure the long-term viability of water resources and water supply, to provide for strategic, prudent, reasonable and necessary use of water supplies, to control and/or curtail water use during periods of diminished water supply availability including droughts; to take such actions as may be necessary to achieve compliance by wholesale and retail customers with requirements for demand management; and
  2. To maintain fiscal integrity and adequate capacity by establishing and maintaining such revenue stabilization funds, operating reserves, debt service reserves, and infrastructure replacement and capital improvement program funds as are necessary; and to institute by December 31, 2013, billing at least as frequently as quarterly.

History of Section. P.L. 2009, ch. 288, § 3; P.L. 2009, ch. 341, § 3.

46-15.8-5. Duties of state agencies.

In order to accomplish the purposes of this chapter:

  1. The water resources board shall establish and maintain no later than July 31, 2010, targets for non-agricultural demand management and water use, and for non-billed water which shall include the goal of reducing leakage to no more than ten percent (10%) of water supplies in public water supplies subject to the provisions of § 46-15.3-5.1 ;
  2. The statewide planning program shall incorporate, by July 1, 2011, such amendments as may be necessary into state guide plan elements to require:
    1. The use of water availability estimates developed by the water resources board and the department of environmental management and other relevant information sources in local comprehensive plan elements and the review of major land development and subdivision reviews;
    2. The incorporation of the executive summaries of the water supply system management plans, as appropriate, into the services and facilities element and the land use element of local comprehensive plans;
  3. The public utilities commission shall assure, in accordance with provisions of chapter 15.1 of title 39, that the rates of water suppliers subject to its jurisdiction are adequate to implement capital improvement plans, water supply system management plans, and demand management plans and to cover system costs when revenues decline as a result of decreased demand.
  4. State agencies need to become advocates for positive solutions by removing overlapping and burdensome planning and regulatory requirements.

History of Section. P.L. 2009, ch. 288, § 3; P.L. 2009, ch. 341, § 3.

Chapter 16 New England Interstate Water Pollution Control Commission

46-16-1. Interstate compact authorized — Text of compact.

The commission on interstate cooperation, acting with and through the office of the attorney general, is hereby directed to negotiate with the proper authorities of the states of Maine, New Hampshire, Vermont, Massachusetts, and Connecticut a compact in substantially the following form, which is hereby ratified:

NEW ENGLAND INTERSTATE WATER POLLUTION CONTROL COMPACT

Whereas, the growth of population and the development of the territory of the New England states has resulted in serious pollution of certain interstate streams, ponds and lakes, and of tidal waters ebbing and flowing past the boundaries of two (2) or more states; and

Whereas, such pollution constitutes a menace to the health, welfare and economic prosperity of the people living in such area; and

Whereas, the abatement of existing pollution and the control of future pollution in the interstate waters of the New England area are of prime importance to the people and can best be accomplished through the co-operation of the New England states in the establishment of an interstate agency to work with the states in the field of pollution abatement;

Now, therefore, the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont do agree and are bound as follows:

ARTICLE I

It is agreed between the signatory states that the provisions of this compact shall apply to streams, ponds and lakes which are contiguous to two (2) or more signatory states or which flow through two (2) or more signatory states or which have a tributary contiguous to two (2) or more signatory states or flowing through two (2) or more signatory states, and also shall apply to tidal waters ebbing and flowing past the boundaries of two (2) states.

ARTICLE II

There is hereby created the New England interstate water pollution control commission (hereinafter referred to as “the commission” ) which shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the act or acts of a signatory state concurred in by the others.

ARTICLE III

The commission shall consist of five (5) commissioners from each signatory state, each of whom shall be a resident voter of the state from which he or she is appointed. The commissioners shall be chosen in the manner and for the terms provided by law of the state from which they shall be appointed. For each state there shall be on the commission a member representing the state health department, a member representing the state water pollution control board (if such exists), and, except where a state in its enabling legislation decides that the best interests of the state will be otherwise served, a member representing municipal interests, a member representing industrial interests, and a member representing an agency acting for fisheries or conservation.

ARTICLE IV

The commission shall annually elect from its members a chairperson and vice chairperson and shall appoint and at its pleasure remove or discharge such officers. It may appoint and employ a secretary who shall be a professional engineer versed in water pollution and may employ such stenographic or clerical employees as shall be necessary, and at its pleasure remove or discharge such employees. It shall adopt a seal and suitable bylaws and shall promulgate rules and regulations for its management and control. It may maintain an office for the transaction of its business and may meet at any time or place within the signatory states. Meetings shall be held at least twice each year. A majority of the members shall constitute a quorum for the transaction of business, but no action of the commission imposing any obligations on any signatory state or on any municipal agency or subdivision thereof or on any person, firm or corporation therein shall be binding unless a majority of the members from such signatory state shall have voted in favor thereof. Where meetings are planned to discuss matters relevant to problems of water pollution control affecting only certain of the signatory states, the commission may vote to authorize special meetings of the commissioners of the states especially concerned. The commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the governor and the legislature of each signatory state setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the signatory states which may be necessary to carry out the intent and purposes of this compact. The commission shall not incur any obligations for salaries, office, administrative, traveling or other expenses prior to the allotment of funds by the signatory states adequate to meet the same; nor shall the commission pledge the credit of any of the signatory states. Each state reserves the right to provide hereafter by law for the examination and audit of the accounts of the commission. The commission shall appoint a treasurer who may be a member of the commission, and disbursements by the commission shall be valid only when authorized by the commission and when vouchers therefor have been signed by the secretary and countersigned by the treasurer. The secretary shall be custodian of the records of the commission with authority to attest to and certify such records or copies thereof.

ARTICLE V

It is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no single standard of quality of receiving waters is practical and that the degree of treatment of sewage and industrial wastes should take into account the classification of the receiving waters according to present and proposed highest use, such as for drinking water supply, industrial and agricultural uses, bathing and other recreational purposes, maintenance and propagation of fish life, shellfish culture, navigation and disposal of wastes.

The commission shall establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use. It is agreed that each of the signatory states through appropriate agencies will prepare a classification of its interstate waters in entirety or by portions according to present and proposed highest use and for this purpose technical experts employed by state departments of health and state water pollution control agencies are authorized to confer on questions relating to classification of interstate waters affecting two (2) or more states. Each signatory state agrees to submit its classification of its interstate waters to the commission for approval. It is agreed that after such approval all signatory states through their appropriate state health departments and water pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet standards established by the commission for classified waters. The commission may from time to time make such changes in definitions of classifications and in standards as may be required by changed conditions or as may be necessary for uniformity.

ARTICLE VI

Each of the signatory states pledges to provide for the abatement of existing pollution and for the control of future pollution of interstate inland and tidal waters as described in Article I, and to put and maintain the waters thereof in a satisfactory condition consistent with the highest classified use of each body of water.

ARTICLE VII

Nothing in this compact shall be construed to repeal or prevent the enactment of any legislation or prevent the enforcement of any requirement by any signatory state imposing any additional condition or restriction to further lessen the pollution of waters within its jurisdiction. Nothing herein contained shall affect or abate any action now pending brought by any governmental board or body created by or existing under any of the signatory states.

ARTICLE VIII

The signatory states agree to appropriate for the salaries, office, administrative, travel and other expenses such sum or sums as shall be recommended by the commission. The state of Massachusetts obligates itself only to the extent of six thousand five hundred dollars ($6,500) in any one year, the state of Connecticut only to the extent of three thousand dollars ($3,000) in any one year, the state of Rhode Island only to the extent of one thousand five hundred dollars ($1,500) in any one year, and the states of New Hampshire, Maine, and Vermont each only to the extent of one thousand dollars ($1,000) in any one year.

ARTICLE IX

Should any part of this compact be held to be contrary to the constitution of any signatory state or of the United States, all other parts thereof shall continue to be in full force and effect.

ARTICLE X

The commission is authorized to discuss with appropriate state agencies in New York state questions of pollution of waters which flow into the New England area from New York state or vice versa and to further the establishment of agreements on pollution abatement to promote the interests of the New York and New England areas.

Whenever the commission by majority vote of the members of each signatory state shall have given its approval and the state of New York shall have taken the necessary action to do so, the state of New York shall be a party to this compact for the purpose of controlling and abating the pollution of waterways common to New York and the New England states signatory to this compact but excluding the waters under the jurisdiction of the interstate sanitation commission (New York, New Jersey and Connecticut).

ARTICLE XI

This compact shall become effective immediately upon the adoption of the compact by any two (2) contiguous states of New England but only insofar as applies to those states and upon approval by federal law. Thereafter upon ratification by other contiguous states, it shall also become effective as to those states.

History of Section. P.L. 1947, ch. 1838, § 1; P.L. 1947, ch. 1901, §§ 3, 4; G.L. 1956, § 46-16-1 .

Comparative Legislation.

New England interstate water pollution control compact:

Conn. Gen. Stat. §§ 22a-308 et seq.

Mass. Acts 1947, ch. 421.

46-16-1.1. Reaffirmation of support.

This state reaffirms its support of the cooperative approach to the abatement and control of water pollution as embodied in the New England Interstate Water Pollution Control Compact. In view of the increases in population concentrations, the growing need of industry and agriculture for water of reasonable quality, and the quality requirements of water based recreation and other uses, the New England interstate water pollution control commission shall develop and maintain its programs, including research on water quality problems, at such levels, including, to the extent necessary, levels above those originally provided when this state first enacted the compact, as may be appropriate.

History of Section. P.L. 1970, ch. 47, § 1.

46-16-1.2. Personnel authorizations.

In addition to the minimal personnel authorizations contained in article IV of the New England Interstate Water Pollution Control Compact, the commission may employ such engineering, technical, and other professional, secretarial, and clerical personnel as the proper administration and functioning of the commission may require.

History of Section. P.L. 1970, ch. 47, § 1.

46-16-1.3. Concurrence in additional powers.

  1. This state hereby concurs in the conferring of any powers or duties on the New England interstate water pollution control commission by other states, in addition to those conferred by provisions of the New England Interstate Water Pollution Control Compact. This concurrence is pursuant to article II of that compact.
  2. The concurrence is subject to the following limitations:
    1. Unless this state specifically confers a power or duty on the commission, other than one conferred by the compact itself, no financial or other burden or duties shall be placed upon this state, or any agency, officer, or subdivision thereof by reason of the conferring or exercise of the power or duty. At any time the governor shall have the power to make inquiry of the commission and to examine its books and records in order to ascertain the state of compliance with this chapter.
    2. The rights, privileges, and responsibilities of this state with respect to the New England Interstate Water Pollution Control Compact and the commission established thereby, shall not be limited or impaired.
    3. The commission shall include in its annual report to the governor and the legislature of this state a full account of any additional powers or duties administered by it.

History of Section. P.L. 1970, ch. 47, § 1.

46-16-2. Appointment of commissioners — Expenses — Powers and duties.

The governor shall appoint five (5) commissioners to the New England interstate water pollution control commission, who shall serve at the pleasure of the governor, one of whom shall represent the department of health and one of whom shall represent the department of environmental management. The commissioners shall serve without compensation, but shall be paid their actual expenses incurred and incident to the performance of their duties. The commissioners shall have the powers and duties and be subject to the limitations set forth in § 46-16-1 .

History of Section. P.L. 1947, ch. 1901, § 1; G.L. 1956, § 46-16-2 ; P.L. 1977, ch. 182, § 5.

46-16-3. Development of training standards.

The New England interstate water pollution control commission, hereinafter called “the commission” , may develop standards for the training, educational, and experience requirements for operating personnel necessary to the proper operation of sewage and other waste treatment plants.

History of Section. P.L. 1970, ch. 26, § 1.

46-16-4. Issuance of certificates to employees of treatment plants.

  1. The commission may administer programs of training and certification for personnel, and may make classifications thereof. Any certificate issued by the commission shall be accepted by this state and all agencies and subdivisions thereof as conclusive evidence that the holder has the training, education, and experience necessary for certification for the class of position or responsibility described therein. The director of the department of environmental management may impose and administer any other requirements for certification within any applicable provisions of law, but it shall not reexamine or reinvestigate the applicant for a certificate with respect to his or her training, education, or experience qualifications.
  2. The commission shall keep a record of all certificates issued by it, and in response to any inquiry concerning such a certificate, the commission shall inform the inquirer concerning its issuance and validity. The commission shall annul any certificate issued by it, if the commission finds that the certificate was obtained by misrepresentation of any material fact relating to the education, training, or experience of the applicant. The annulment shall be pursuant to rules and regulations of the commission which shall afford due notice to the certificate holder and an opportunity to present relevant evidence for consideration by the commission.

History of Section. P.L. 1970, ch. 26, § 1.

46-16-5. Revision of standards.

Nothing contained in this chapter shall limit or abridge the authority of the commission to revise its standards and to issue new or additional certificates. In any such case, the director of the department of environmental management may require an applicant for a certificate to present a certificate or certificates which evidence training, education, and experience meeting the current standards of the commission.

History of Section. P.L. 1970, ch. 26, § 1.

46-16-6. Recognition of certificates issued by commission.

  1. Certificates issued by the commission shall be recognized and given in connection with personnel employed in or having responsibilities for plants discharging into any waters of this state.
  2. Nothing in this chapter shall be construed to require any person to have a certificate in order to be employed in the operation of a sewage or other waste treatment plant. Those requirements, if any, shall be as set forth in or pursuant to other laws of this state; provided that in any case where a certificate is required, an appropriate certificate issued by the commission shall be accepted in lieu of any certificate otherwise required.

History of Section. P.L. 1970, ch. 26, § 1.

46-16-7. Commission to act independently in some circumstances.

To the extent that the authority conferred upon the commission by this chapter is not otherwise exercisable by the commission under the provisions of the New England Interstate Water Pollution Control Compact, the commission shall not require the financial or other support of the program or programs, authorized hereby, by any state not having enacted legislation substantially similar to this chapter.

History of Section. P.L. 1970, ch. 26, § 1.

46-16-8. Water quality network.

  1. The New England interstate water pollution control commission, hereinafter called   “the commission”, in cooperation with this state and such other states signatory to the New England Interstate Water Pollution Control Compact as may participate, shall establish and maintain a water quality sampling and testing network. The network shall, to the fullest extent practicable, rely upon the sampling and testing programs of this state, the other participating states, and upon information available from agencies of the federal government, and shall not duplicate any of their activities. However, if the sampling and testing programs of this state and other states, and the information available from agencies of the federal government, are insufficient to provide the commission with records of water quality adequate for its needs, the commission may supplement the sampling and testing otherwise available to it.
  2. Sampling pursuant to this chapter shall be at points at or near the places where waters cross a boundary of this state, and the samples shall be tested in order to determine their quality. The sampling and testing provided for herein shall be scheduled by the commission or in accordance with its requests, and shall include such factors or elements as the commission shall request. Any sampling and testing done by the water pollution control agency of this state as part of the activities of the commission’s network shall be reported fully and promptly by the agency to the commission, together with the results thereof.

History of Section. P.L. 1970, ch. 46, § 1.

46-16-9. Compliance with requirements for water quality.

  1. If the commission ascertains that particular waters, at or near a boundary of this state, do not comply with the standards of the commission made pursuant to article V of the New England Interstate Water Pollution Control Compact, or are not otherwise of a quality complying with state law, the commission shall inform the water pollution control agency of this state and of any other state concerned, and shall afford the agencies an opportunity to verify, explain, supplement, or correct the information in the possession of the commission and, if the facts warrant, to take or secure the taking of any necessary remedial action.
  2. If a remedial action is not taken or secured in a timely fashion, the commission may hold a public hearing on due notice, as provided in its rules and regulations, in order to ascertain all the relevant facts and circumstances.
  3. Following a public hearing pursuant to subsection (b), the commission may issue an order directed to the source or sources of waste discharge causing or contributing to the deteriorated water quality. The order or orders may require reduction or cessation of waste discharges or the improvement of their quality. No order of the commission pursuant to this subsection shall be valid, unless supported by substantial evidence adduced at the public hearing.
  4. An order of the commission made pursuant to subsection (b) shall prescribe the date or dates by which discharges of waste are to be reduced, discontinued, or treated, and may contain timetables or schedules for specific steps to be taken in order to comply therewith.
  5. An order of the commission made pursuant to this section may be enforced in any court of competent jurisdiction. Proceedings shall be only on the record made before the commission.

History of Section. P.L. 1970, ch. 46, § 1.

46-16-10. Limitations.

Unless otherwise conferred by law, the commission shall not have power to issue permits or licenses in connection with the discharge or treatment of wastes, or pass upon plans or specifications for particular waste treatment or collection equipment or facilities.

History of Section. P.L. 1970, ch. 46, § 1.

Chapter 17 Interstate Compacts for Protection of Resources

46-17-1. Governor authorized to enter compacts.

The governor is hereby authorized to enter into compacts with the governors of other states for the protection of water resources of this state originating outside of this state and for the protection of water resources of other states originating within this state.

History of Section. P.L. 1942, ch. 1224, § 1; G.L. 1956, § 46-17-1 .

46-17-2. Northeastern water and related land resources compact.

The governor on behalf of this state is authorized to enter into a compact, substantially in the following form, with the United States of America and with any two (2) or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, and Vermont, and the legislature hereby signifies in advance its approval and ratification of the compact so entered into; the approval and ratification to be effective upon the filing of a copy of the compact in the office of the secretary of state:

ARTICLE I

The northeastern part of the United States is by virtue of geographic location and other characteristics a great natural resource area which, with more intense use of natural resources, increasingly requires coordinated planning as a basic ingredient of effective resource management and orderly growth of the region. The work of the New England-New York interagency committee demonstrated that a continuation and furtherance of activities such as those undertaken by it would be of great value. To this end, it is the intent of this compact to establish and provide for the operation of a joint agency for the northeast.

ARTICLE II

It is the purpose of this compact to provide, in the northeastern region, improved facilities and procedures for the coordination of the policies, programs, and activities of the United States, the several states, and private persons or entities, in the field of water and related land resources, and to study, investigate, and plan the development and use of the same and conservation of such water and related land resources; to provide means by which conflicts may be resolved; and to provide procedures for coordination of the interests of all public and private agencies, persons and entities in the field of water and related land resources; and to provide an organization for cooperation in such coordination on both the federal and state levels of government.

ARTICLE III

There is hereby created the northeastern resources commission, hereinafter called “the commission” .

ARTICLE IV

The commission shall consist of one member from each party state to be appointed and to serve, in accordance with and subject to the laws of the state which he or she represents, and seven (7) members representing departments or agencies of the United States having principal responsibilities for water and related land resources development to be appointed and to serve in such manner as may be provided by the laws of the United States.

ARTICLE V

It shall be the responsibility of the commission to recommend to the states and the United States, or any intergovernmental agency, changes in law or policy which would promote coordination, or resolution of problems, in the field of water and related land resources. The efforts of the commission in coordination of work and resolution of conflicts may be directed towards all state and federal activities involved in water and related land resources development responsibilities and shall include coordination of the following:

  1. Collection and interpretation of basic data,
  2. Investigation and planning of water and related land resources projects,
  3. Programming (including scheduling) of water and related land resources construction and development,
  4. Encouraging of the referral of plans or proposals for resources projects to the commission.

    The commission shall use qualified public and private agencies to make investigations and conduct research in the field of water and related land resources, but if it is unable to secure the undertaking of such investigations or original research by a qualified public or private agency, it shall have the power to make its own investigations and conduct its own research. The commission may make contracts with any public or private agencies or private persons or entities for the undertaking of such investigations, or original research within its purview.

ARTICLE VI

No action of the commission respecting the internal management thereof shall be binding unless taken at a meeting at which a majority of the members are present and vote in favor thereof; provided, that any action not binding for such a reason may be ratified within thirty (30) days by the concurrence in writing of a majority of the commission membership. No action of the commission respecting a matter other than its internal management shall be binding unless taken at a meeting at which a majority of the state members and a majority of the members representing the United States are present and a majority of said state members together with a majority of said members representing the United States vote in favor thereof; provided, that any action not binding for such a reason may be ratified within thirty (30) days by the concurrence in writing of a majority of the state members and the concurrence in writing of a majority of the members representing the United States.

ARTICLE VII

A. The commission shall submit to the governor or designated officer of each party state a request for funds to cover estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof. Any such request shall indicate the sum or sums which the commission has requested or intends to request be appropriated by the United States for the use or support of the commission during the period covered thereby.

B. With due regard for such monies and other assistance as may be made available to it, the commission shall be provided with such funds by each of the several states participating therein to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the commission.

With due allowance for monies otherwise available, each budget of the commission shall be the responsibility of the party states, to be apportioned among them on a weighted formula based fifty percent (50%) on population and fifty percent (50%) on gross land area, such population and gross land area to be determined in accordance with the last official United States census of population, but provided that the total contributions of all of the states shall not be required to exceed fifty thousand dollars ($50,000) annually and provided further that regardless of the number of states party to the compact at any time the maximum annual contribution required of any state shall not exceed its share of the fifty thousand dollars ($50,000) as determined above. Any state may contribute such funds in excess of its share, as determined above, as it may desire.

C. The commission shall not pledge the credit of any jurisdiction. The commission may meet any of its obligations in whole or in part with funds available to it under article VIII(E) of this compact, provided that the commission takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in such manner.

D. The members of the commission shall be paid by the commission their actual expenses incurred and incident to the performance of their duties, subject to the approval of the commission.

E. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited by a qualified public accountant and the report of the audit shall be included in and become a part of the annual report of the commission.

F. The accounts of the commission shall be open at any reasonable time for inspection by such agency, representative, or representatives of the jurisdictions which appropriate funds to the commission.

ARTICLE VIII

A. The commission may sue and be sued, and shall have a seal.

B. The commission shall elect annually, from among its members, a chairperson, vice chairperson and treasurer. The commission shall appoint an executive director who shall also act as secretary, and together with the treasurer, shall be bonded in such amounts as the commission may require.

C. The commission shall appoint and remove or discharge such personnel as may be necessary for the performance of its functions irrespective of any civil service laws which might otherwise apply. The commission shall establish and maintain, independently, by contract or agreement with the United States or an agency thereof, or in conjunction with any one or more of the party states, suitable retirement programs for its employees. Employees of the commission shall be eligible for social security coverage in respect to old age and survivors insurance provided that the commission takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the commission terms and conditions of employment similar to those enjoyed by employees of the party states generally.

D. The commission may borrow, accept or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any intergovernmental agency, or from any institution, person, firm or corporation.

E. The commission may accept for any of its purposes and functions under this compact any and all appropriations, donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state or the United States or any subdivision or agency thereof, or intergovernmental agency, or any institution, person, firm or corporation, and may receive, utilize and dispose of the same.

F. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may accept, hold, and convey real and personal property and any interest therein.

G. The commission may adopt, amend, and rescind bylaws, rules, and regulations for the conduct of its business.

H. The commission shall make and transmit annually, to the legislature and governor of each party state, and to the president and congress of the United States, a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been adopted by the commission. The commission may issue such additional reports as it may deem desirable.

ARTICLE IX

Nothing in this compact shall be construed to impair, or otherwise affect, the jurisdiction of any interstate agency in which any party state participates nor to abridge, impair, or otherwise affect the provisions of any compact to which any one or more of the party states may be a party, nor to supersede, diminish, or otherwise affect any obligation assumed under any such compact. Nor shall anything in this compact be construed to discourage additional interstate compacts among some or all of the party states for the management of natural resources, or the coordination of activities with respect to a specific natural resource or any aspect of natural resource management, or for the establishment of intergovernmental planning agencies in sub-areas of the region. Nothing in this compact shall be construed to limit the jurisdiction or activities of any participating government, agency, or officer thereof, or any private person or agency.

ARTICLE X

A. This compact shall become effective when entered into and enacted into law by any three (3) of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont, and when the United States has provided by law for the designation of its representation on the commission. Thereafter it shall become effective with respect to any other aforementioned state upon its enacting this compact into law.

B. Upon consent of the congress of the United States of America, any other state in the northeastern area may become a party to this compact, by entering into and enacting this compact into law.

ARTICLE XI

This compact shall continue in force and remain binding upon each party state until renounced by it. Renunciation of this compact must be preceded by sending three (3) years’ notice in writing of intention to withdraw from the compact to the governor of each of the other states party hereto and to such officers or agencies of the United States as may be designated by federal law.

ARTICLE XII

The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be unconstitutional, or the applicability thereof, to any state, agency, person, or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to any other state, agency, person or circumstance shall not be affected thereby. It is the legislative intent that the provisions of this compact be reasonably and liberally construed.

History of Section. P.L. 1959, ch. 171, § 1; P.L. 1960, ch. 162, § 1.

Comparative Legislation.

Interstate compact for protection of resources:

Conn. Gen. Stat. §§ 25-120, 25-121.

Mass. Acts 1959, ch. 621.

46-17-3. Ratification by Rhode Island.

When the governor shall have executed the compact on behalf of this state and caused a copy thereof to be filed in the office of the secretary of state, as required by § 46-17-2 , and the compact shall have been ratified by any three (3) or more of the states named in article X thereof in accordance with the constitution and laws of the states, and when the United States has provided by law for the designation of its representation on the commission, then the compact shall become operative and effective between this state and other members of the compact. The governor is hereby authorized and directed, upon the execution of the compact by the governor and the filing of the required copy thereof in the office of the secretary of state, to notify forthwith the governors of the named states and the president of the United States, that this state on its part has ratified the compact. The original notice of ratification received from the governor or other duly authorized official of any member joining in the compact shall be filed with the official copy of the compact in the office of the secretary of state; and the notice, if any, as may be received from the president or the congress of the United States, signifying that the United States has provided by law for the designation of its representation on the commission, shall be filed in the same manner.

History of Section. P.L. 1959, ch. 171, § 2.

46-17-4. Appointment.

After the aforesaid compact shall become operative and effective as provided in § 46-17-3 , the governor shall appoint the member of the commission to represent this state on the northeastern resources commission. The member shall receive the expenses actually and necessarily incurred in the performance of the duties of the commission as provided in article VII(D) of the compact.

History of Section. P.L. 1959, ch. 171, § 3.

46-17-5. Powers.

There is hereby granted, to the commission and member from this state, all powers provided for in the compact and all powers necessary or incidental to the carrying out of the compact in every particular. All officers of this state are hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular; it being hereby declared to be the policy of this state to perform and carry out the compact and the purposes thereof. All powers granted to the commission shall be in aid of and supplemental to, and in no event a limitation upon, the powers vested in the commission by the laws of this state or by the laws of other party states or by the congress or the terms of the compact.

History of Section. P.L. 1959, ch. 171, § 4.

46-17-6. Audit.

The controller of the state of Rhode Island is hereby designated as the representative of this state to inspect the accounts of the commission in accordance with article VII(F) of the compact and to report the results of that inspection to the director of administration.

History of Section. P.L. 1959, ch. 171, § 5.

Chapter 17.1 Conservation of Marine Resources

46-17.1-1. Transporting of waste and dredge materials over state waterways prohibited.

Except as permitted under § 46-23-18.1 or otherwise, no person, either as principal, agent, or servant, shall transport or cause to be transported, dump, or cause to be dumped within the territorial waters of the state, any waste or dredge material. Every person who shall violate any provision of this section shall, upon conviction, be fined not more than one thousand dollars ($1,000) or be imprisoned not more than one year, or both, for each offense.

History of Section. P.L. 1971, ch. 47, § 1; P.L. 1996, ch. 271, § 5; P.L. 1996, ch. 281, § 5.

NOTES TO DECISIONS

Federal Preemption.

Because state law may not be enforced against an activity regulated by the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. § 1416), this section and the following section could not be applied to regulate the dumping of dredged spoil which was governed by the federal statute. Save Our Sound Fisheries Asso. v. Callaway, 387 F. Supp. 292, 1974 U.S. Dist. LEXIS 12001 (D.R.I. 1974).

46-17.1-2. Issuance of permit to transport dredge or waste materials over state waters.

  1. The director of the department of environmental management may issue a permit for the transporting and disposal of waste materials within the territorial waters of this state, provided, that upon receiving an application for the permit, the director shall hold a public hearing and give complete details as to the nature of the transporting and dumping request. After the hearing and appropriate investigation, if the director determines that the movement and disposal of the materials as set forth in the application would not be in conflict with the marine ecology within or adjacent to the state’s territorial waters, and that existing fishing grounds would not be damaged or destroyed, he or she may then issue the permit to the applicant; provided, further, that a state inspector be on board the tow vessel at all times during transporting and dumping operations to assure compliance with the terms contained in the permit. The state inspector shall be a qualified sailor selected by the director of the department of environmental management. Inspector’s wages will be determined on the basis of the current rate for comparable work. Wages will be paid to inspectors from the general treasury. However, all wages to be paid to inspectors will be paid to the state in advance by the person or firm requesting the permit. The director may revoke the permit at any time for sufficient cause.
  2. The provisions of this chapter shall be enforced by state conservation officers within the department of environmental management. Nothing herein shall be deemed to apply to dredging, disposal of dredge materials and/or the transportation thereof regulated under § 46-23-18 and/or 46-23-18 .1.

History of Section. P.L. 1971, ch. 47, § 1; P.L. 1996, ch. 271, § 5; P.L. 1996, ch. 281, § 5; P.L. 2007, ch. 340, § 54.

NOTES TO DECISIONS

Federal Preemption.

Because state law may not be enforced against an activity regulated by the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. § 1416), this section and the preceding section could not be applied to regulate the dumping of dredged spoil which was governed by the federal statute. Save Our Sound Fisheries Asso. v. Callaway, 387 F. Supp. 292, 1974 U.S. Dist. LEXIS 12001 (D.R.I. 1974).

Chapter 17.2 Antifoulant Paint Control

46-17.2-1. Short title.

This chapter may be cited as the “Tributyltin Antifoulant Paint Control Act”.

History of Section. P.L. 1988, ch. 568, § 1.

Cross References.

Marine tributyltin antifoulant paints, chapter 25.3 of title 23.

46-17.2-2. Legislative findings.

  1. The General Assembly finds the following:
    1. Antifoulant paints containing tributyltin based biocides are widely used on vessels in the state to inhibit the growth of marine fouling organisms, such as barnacles, that increase drag and reduce vessel speed and fuel and operating efficiency;
    2. Laboratory and field studies have shown that tributyltin is highly toxic to marine and fresh water organisms, especially mollusks and juvenile life stages, at extremely low concentrations;
    3. The United States Environmental Protection Agency has determined that concentrations of tributyltin currently in the waters of the United States may pose unreasonable risks to oysters, clams, fish, and other marine life;
    4. The continued unrestricted use of tributyltin based antifoulant paints in this state poses a threat to commercially important fish and shellfish species and may ultimately pose a threat to public health;
    5. Vessels less than sixty-five (65) meters in length that are coated with tributyltin antifoulant paint account for a substantial amount of the tributyltin released into the aquatic environment, especially in restricted bays and inlets where tributyltin concentrations are most likely to build to dangerous levels; and
    6. Most antifoulant paint containing tributyltin that is used on vessels less than sixty-five (65) meters in length is applied during the spring months prior to the summer boating season.
  2. The purpose of this chapter is to protect the living marine and fresh water resources of the state, as well as public health, by sharply restricting the use of antifoulant paints containing tributyltin and thus reducing the amount of tributyltin entering the waters of the state.

History of Section. P.L. 1988, ch. 568, § 1.

46-17.2-3. Definitions.

As used in this chapter:

  1. “Acceptable release rate”  means a measured release rate not to exceed 4.0 micrograms per square centimeter per day for weeks three (3) to five (5), and a cumulative release rate of one hundred sixty-eight (168) micrograms per square centimeter for the first fourteen (14) days as determined in accordance with an United States Environmental Protection Agency (EPA) testing procedure as outlined in the EPA data call-in notice of July 29, 1986, on tributyltin in antifoulant paints under the federal Insecticide, Fungicide and Rodenticide Act, 7 USC, § 136. If a lower release rate is determined by the department to be necessary to protect health or the environment, the rate if duly adopted by regulatory action of the department, shall be the acceptable release rate as herein defined.
  2. “Commercial boat yard”  means any facility which engages for hire in the construction, storage, maintenance, repair, or refurbishing of vessels (other than seaplanes), or any licensed independent marine maintenance contractor who engages in such activities.
  3. “Department”  means the department of environmental management.
  4. “Marine antifoulant paint”  means any compound, coating, paint, or treatment applied or used for the purpose of controlling fresh water or marine fouling organisms on vessels.
  5. “Tributyltin compounds”  means any compound having three (3) normal butyl groups attached to a tin atom and with or without an anion such as chloride, fluoride, or oxide.
  6. “Vessel”  means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water, whether self-propelled or otherwise, and includes barges and tugs.

History of Section. P.L. 1988, ch. 568, § 1.

46-17.2-4. Sale and application of tributyltin compounds.

  1. Except as provided in this chapter, a person may not distribute, possess, sell, offer for sale, apply, or offer for use or application any marine antifoulant paint containing tributyltin compounds. Authorized personnel of the department of environmental management, department of the attorney general, and state police may seize any antifoulant paint held in violation of this chapter and any seized substances shall be considered forfeited.
  2. A person may distribute or sell a marine antifoulant paint containing tributyltin with an acceptable release rate to the owner or agent of a commercial boat yard. The owner or agent of a commercial boat yard may possess and apply, or purchase for application, an antifoulant paint containing tributyltin with an acceptable release rate; however, the paint may be applied only within a commercial boat yard and only to vessels which exceed sixty-five feet (65´) in length or which have aluminum hulls, or to vessels less than sixty-five feet (65´) in length if it is applied only to the outboard or lower drive unit of the vessels.
  3. A person may distribute, sell or apply, a marine antifoulant paint containing tributyltin having an acceptable release rate if the paint is distributed or sold in a spray can in a quantity of sixteen ounces (16 oz.) avoirdupois or less, and is commonly referred to as outboard or lower unit paint.

History of Section. P.L. 1988, ch. 568, § 1.

46-17.2-5. Education programs.

Through cooperative programs the department shall begin immediately to develop and implement a program designed to inform interstate and intrastate paint manufacturers and distributors, vessel owners, and commercial boat yards in the state of properties of tributyltin in marine antifoulant paints and the law to restrict its use.

History of Section. P.L. 1988, ch. 568, § 1.

46-17.2-6. Severability.

If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part adjudged invalid.

History of Section. P.L. 1988, ch. 568, § 1.

46-17.2-7. Penalty.

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both a fine and imprisonment.

History of Section. P.L. 1988, ch. 568, § 1.

46-17.2-8. Regulations.

Provisions of this chapter shall be in compliance with the rules and regulations relating to pesticides promulgated by the department of environmental management under provisions of the Rhode Island Pesticide Control Act of 1976, chapter 25 of title 23.

History of Section. P.L. 1988, ch. 568, § 1.

Chapter 17.3 Ballast Water

46-17.3-1. Legislative findings.

The general assembly finds that:

  1. The waters of the state are a precious, irreplaceable resource essential to the environment, commerce, and recreation of citizens and tourists of the state;
  2. Non-indigenous aquatic species introduced into waters of the United States from ballast water have caused tremendous environmental and ecological damage, displacing native species, degrading water quality, and interfering with commerce, including the zebra mussel brought into the Great Lakes and the upper Susquehanna River;
  3. Ballast water practices of commercial shipping vessels may cause irreversible damage to waters of the state; and
  4. Protective measures against the introduction of non-indigenous aquatic species from ballast water are necessary to minimize exposure of the waters of the state to unwanted contamination and damage caused by these species.

History of Section. P.L. 2001, ch. 173, § 1.

46-17.3-2. Purpose.

  1. The purpose of this chapter is to commence the process of developing a ballast water management program in Rhode Island by:
    1. Calling upon the department of environmental management to investigate and evaluate all relevant state, federal and international laws and policies relating to invasive species management generally and ballast water management specifically; and
    2. Directing the department of environmental management to report to the general assembly no later than January 15, 2002, regarding the results of the investigation, along with recommended options for establishing a ballast water management program in Rhode Island.
  2. In carrying out the purposes of this chapter, the department of environmental management shall coordinate with all relevant agencies and organizations, including but not limited to: the International Maritime Organization, the U.S. Coast Guard, the U.S. Environmental Protection Agency, the National Oceanographic and Atmosphere Administration, the U.S. Department of Interior, the Rhode Island coastal resources management council, the Rhode Island economic development corporation, the University of Rhode Island, commercial shipping interests and environmental organizations.

History of Section. P.L. 2001, ch. 173, § 1.

Chapter 18 Damages from Milldams

46-18-1. Right of owner to continue and improve dam and pond.

Whenever any person, either upon his or her own land or upon the land of another with his or her consent, shall have set up any water mill or dam for the purpose of forming a pond to supply water to any mill or mills upon the stream whereon the dam is located, the owner of the mill or dam may continue and improve the pond and keep up the dam thereof on his or her own land for his or her advantage without molestations.

History of Section. G.L. 1896, ch. 122, § 1; G.L. 1909, ch. 148, § 1; P.L. 1911, ch. 697, § 1; G.L. 1923, ch. 178, § 1; G.L. 1938, ch. 636, § 1; G.L. 1956, § 46-18-1 .

Comparative Legislation.

Damages:

Conn. Gen. Stat. § 52-446 et seq.

Mass. Ann. Laws ch. 253, § 8 et seq.

NOTES TO DECISIONS

Eminent Domain.

Although the state, taking property by eminent domain, acquired the flowage rights appurtenant to such land resulting from the damming of a stream, the owner of the land on which the dam was located retained a right of flowage over such land acquired by the state, where the state did not condemn the land on which the dam was located. Ronci Mfg. Co. v. State, 121 R.I. 903 , 403 A.2d 1094, 1979 R.I. LEXIS 2038 (1979).

Collateral References.

Covenant against encumbrances, easement of right to dam water as breach of. 64 A.L.R. 1496.

Loss by adverse possession of private easement as to water rights. 25 A.L.R.2d 1333.

46-18-2. Action for damages from dam — Liability of mill and dam for recovery.

Any person aggrieved or injured by the following of the pond raised by the dam, or by the stopping or raising of the water either above or below the dam, or by the backing of water under his or her land, or by the flowing out of any fall of water in his or her land by means of the dam, may commence a civil action, in the superior court for the county in which the dam is, against the owner of the dam or any precedent owner thereof, and a copy of the complaint shall be left by the officer serving the complaint in the office of the town clerk of the town in which the dam is; and the mill and milldam complained of, together with all their appurtenances and the land under and adjoining the mill and milldam, shall thenceforth be pledged and liable for the damages which may be recovered in the action.

History of Section. G.L. 1896, ch. 122, § 2; G.L. 1909, ch. 148, § 2; G.L. 1923, ch. 178, § 2; G.L. 1938, ch. 636, § 2; G.L. 1956, § 46-18-2 .

NOTES TO DECISIONS

Alternate Remedies.

The remedy for injury given under this chapter is exclusive, so that a court of equity cannot enjoin owners of a mill from so raising their dam as to flow back the water upon the land of another. Bull v. Valley Falls Co., 8 R.I. 42 , 1864 R.I. LEXIS 7 (1864).

Equitable Defenses.

In an action at law against a mill owner he may maintain any defenses which would be available to him in equity, so a bill in equity will be dismissed when predicated on a contrary assumption. Wilbor v. Matteson, 8 R.I. 166 , 1865 R.I. LEXIS 4 (1865).

Nature of Action.

An action under this chapter is a common law action, and the fact that plaintiff is given additional security in the form of a lien does not render the proceedings equitable. White v. Woonasquatucket Reservoir Co., 41 R.I. 270 , 103 A. 795, 1918 R.I. LEXIS 41 (1918).

Upper Dams.

A dam above erected for mill purposes cannot be flowed out by the owner below, but if the dam was erected for other than mill purposes or if its use as a mill has been abandoned, then it may be flowed by the owner, below. Mowry v. Sheldon, 2 R.I. 369 , 1852 R.I. LEXIS 44 (1852).

Collateral References.

Application of rule of strict or absolute liability where damage caused by dam failure. 51 A.L.R.3d 965.

Liability of owner of dam for flooding caused by filling up of bed of stream with debris or waste. 29 A.L.R.2d 462.

Res ipsa loquitur as applicable in actions for damage to property from overflow or escape of water. 91 A.L.R.3d 186.

46-18-3. Jury trial of damages.

Whenever any plaintiff in any action shall recover a final judgment for damages against the defendant, the question of the amount of the damages shall, unless otherwise agreed by the parties, be tried by a jury on a day to be appointed by the superior court.

History of Section. G.L. 1896, ch. 122, § 3; G.L. 1909, ch. 148, § 3; G.L. 1923, ch. 178, § 3; G.L. 1938, ch. 636, § 3; G.L. 1956, § 46-18-3 .

NOTES TO DECISIONS

In General.

Where defendant pleaded the general issue in an action under this chapter, both parties were entitled to two jury trials, the first to determine liability and the second to determine the amount of damages, with the right to waive jury trial by agreement in each case. White v. Woonasquatucket Reservoir Co., 41 R.I. 270 , 103 A. 795, 1918 R.I. LEXIS 41 (1918).

46-18-4. Scope of damages appraised.

The jury shall appraise the damages which the plaintiff shall have sustained by the matters set forth in his or her complaint, from the time of his or her ownership of the premises injured up to the date of the action, if the defendant has been so long for that time the owner of the milldam or pond; if not, then from the time the ownership of the defendant commenced up to the date of the plaintiff’s action, or until the defendant ceased to be owner.

History of Section. G.L. 1896, ch. 122, § 4; G.L. 1909, ch. 148, § 4; G.L. 1923, ch. 178, § 4; G.L. 1938, ch. 636, § 4; G.L. 1956, § 46-18-4 .

46-18-5. Appraisal of future yearly damages.

The jury shall also appraise the damages that the plaintiff ought yearly to receive and recover of the defendant, his or her heirs and assigns, or owners of the dam, from the date of the plaintiff’s action until five (5) years after the dam shall be removed by the defendant, or his or her heirs or assigns.

History of Section. G.L. 1896, ch. 122, § 5; G.L. 1909, ch. 148, § 5; G.L. 1923, ch. 178, § 5; G.L. 1938, ch. 636, § 5; G.L. 1956, § 46-18-5 .

46-18-6. Appraisal of damages in gross.

The jury shall also appraise what sum would be a just and reasonable compensation to the plaintiff for all damages done to the plaintiff by the matters of the complaint set forth in his or her complaint, from the date of his or her action.

History of Section. G.L. 1896, ch. 122, § 6; G.L. 1909, ch. 148, § 6; G.L. 1923, ch. 178, § 6; G.L. 1938, ch. 636, § 6; G.L. 1956, § 46-18-6 .

46-18-7. Election between yearly damages and damages in gross.

Upon the return and filing of the verdict, the court to which it is returned shall continue the cause to some day certain when the court shall be in session, not less than four (4) weeks after the date of the verdict, before rendering any judgment accepting the verdict; and the plaintiff shall, on or before the date so fixed, in writing, make his or her election between the yearly damages and the damages in gross found by the jury.

History of Section. G.L. 1896, ch. 122, § 7; G.L. 1909, ch. 148, § 7; G.L. 1923, ch. 178, § 7; G.L. 1938, ch. 636, § 7; G.L. 1956, § 46-18-7 .

46-18-8. Effect of election — Judgment.

The election of the plaintiff shall be entered on the records of the court in the case, and shall be forever binding on the plaintiff and defendant and all claiming under them; and the judgment of the court shall follow the election of the plaintiff.

History of Section. G.L. 1896, ch. 122, § 8; G.L. 1909, ch. 148, § 8; G.L. 1923, ch. 178, § 8; G.L. 1938, ch. 636, § 8; G.L. 1956, § 46-18-8 .

46-18-9. Judgment on failure of plaintiff to make election.

If the plaintiff shall neglect to make any election within the time and in the manner prescribed in § 46-18-7 , the court shall enter up judgment in the plaintiff’s favor for the yearly damages found by the jury; and the judgment so rendered shall bar all actions for the injuries complained of by the plaintiff, excepting only an action to enforce the judgment.

History of Section. G.L. 1896, ch. 122, § 9; G.L. 1909, ch. 148, § 9; G.L. 1923, ch. 178, § 9; G.L. 1938, ch. 636, § 9; G.L. 1956, § 46-18-9 .

46-18-10. Execution against mill and dam.

Every execution that may issue on any judgment for damages rendered as aforesaid, whether for yearly damages or damages in gross, shall run not only against the goods and chattel and real estate of the defendant, but, if the defendant was owner of the mill at the date of the action, also against the mill and milldam which was the occasion of the suit, with all the appurtenances thereof; the form of the execution shall be varied accordingly by the court issuing the execution, and the execution may be levied thereon, and the same proceedings may be had as on executions in other cases levied on real estate.

History of Section. G.L. 1896, ch. 122, § 10; G.L. 1909, ch. 148, § 10; G.L. 1923, ch. 178, § 10; G.L. 1938, ch. 636, § 10; G.L. 1956, § 46-18-10 .

46-18-11. Effect of sale on execution — Redemption.

Any sale of the mill or milldam and appurtenances thereof made on the execution shall be valid and effectual against the defendant and against all persons whose titles shall accrue after the service of the complaint in the action; but any person entitled to the premises sold may redeem the premises at any time within one year after the sale, upon paying to the purchaser or person holding under him or her the sum paid therefor, with interest thereon at the rate of twelve percent (12%) per annum.

History of Section. G.L. 1896, ch. 122, § 11; G.L. 1909, ch. 148, § 11; G.L. 1923, ch. 178, § 11; G.L. 1938, ch. 636, § 11; G.L. 1956, § 46-18-11 .

46-18-12. Cessation of yearly damages after removal of dam.

Whenever any plaintiff shall elect to receive the yearly damages awarded him or her as aforesaid, and the millowner shall afterwards remove the matter complained of in the action for which the damages were awarded, the plaintiff or the plaintiff’s assigns shall recover the damages for five (5) years after the matter shall be removed and no longer.

History of Section. G.L. 1896, ch. 122, § 12; G.L. 1909, ch. 148, § 12; G.L. 1923, ch. 178, § 12; G.L. 1938, ch. 636, § 12; G.L. 1956, § 46-18-12 .

46-18-13. Death of plaintiff pending action.

If the plaintiff in the action shall die pending the action, the plaintiff’s death shall not abate the action, but the plaintiff’s executor or administrator, as in suits which survive, shall come in and prosecute the action, but the jury assessing damages shall assess damages only up to the date of the plaintiff’s action; which damages shall be assets in the hands of the administrator or executor, and not yearly damages or damages in gross, unless the heirs at law or devisees of the deceased shall, in writing or in person, in open court, consent to the appearance of the administrator or executor.

History of Section. G.L. 1896, ch. 122, § 13; G.L. 1909, ch. 148, § 13; G.L. 1923, ch. 178, § 13; G.L. 1938, ch. 636, § 13; G.L. 1956, § 46-18-13 .

46-18-14. Sale of cotenant’s interest pending action.

If several joint tenants, tenants in common or coparceners be plaintiffs in a suit, and, pending the suit, one or more of them shall sell his or her interest in the premises, alleged to be injured, to one or more of his or her cotenants, the action shall not thereby be abated, but the cause shall proceed to judgment with the same effect as if the conveyance had not been made.

History of Section. G.L. 1896, ch. 122, § 15; G.L. 1909, ch. 148, § 15; G.L. 1923, ch. 178, § 15; G.L. 1938, ch. 636, § 14; G.L. 1956, § 46-18-14 .

46-18-15. Death of defendant pending action.

If there be several defendants in a suit, and one or more of them die pending the suit, the suit shall not thereby abate, but the cause shall proceed to judgment with the same effect as if the death had not occurred; and if there be but one defendant and he or she dies pending the suit, his or her death shall not abate the action, but the devisees or heirs at law may come into court within the period of forty (40) days next following the decease, and substitute their names as defendants instead of the deceased.

History of Section. G.L. 1896, ch. 122, § 16; G.L. 1909, ch. 148, § 15; G.L. 1923, ch. 178, § 15; G.L. 1938, ch. 636, § 15; G.L. 1956, § 46-18-15 .

46-18-16. Maximum period of detention of natural stream.

No person owning any dam on any river or stream of water shall detain the natural stream thereof, at any one time, more than twelve (12) hours out of twenty-four (24) hours, except on Sundays, whenever he or she shall be requested by the owner of any dam within one mile below on the same stream to suffer the natural run of the river or stream to pass his or her dam.

History of Section. G.L. 1896, ch. 122, § 17; G.L. 1909, ch. 148, § 16; G.L. 1923, ch. 178, § 16; G.L. 1938, ch. 636, § 16; G.L. 1956, § 46-18-16 .

Chapter 19 Inspection of Dams and Reservoirs

46-19-1. Periodical inspection required — Records and reports.

The director of the department of environmental management shall cause to be made a thorough inspection of every dam and reservoir in the state as often as may be necessary to keep himself or herself informed of the condition thereof; and shall make and keep a record of the result of the inspection, with whatever knowledge the director shall obtain in reference to each dam or reservoir, and shall make an annual report of his or her doings in his or her office in the month of January to the governor.

History of Section. G.L. 1896, ch. 124, § 2; G.L. 1909, ch. 150, § 2; G.L. 1923, ch. 180, § 2; G.L. 1938, ch. 638, § 2; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-19-1 .

Comparative Legislation.

Dams and reservoirs:

Conn. Gen. Stat. § 22a-401 et seq.

Mass. Ann. Laws ch. 253, § 44 et seq.

46-19-2. Description and plans furnished by owner.

Every person owning, maintaining, or having control of any dam or reservoir shall, upon written request therefor, furnish to the director of the department of environmental management as full, true, and particular description of the dam or reservoir as may be practicable; and shall, as soon as may be after the request, cause to be made all the necessary surveys, plans, and drawings thereof as may be required by the director.

History of Section. G.L. 1896, ch. 124, § 3; G.L. 1909, ch. 150, § 3; G.L. 1923, ch. 180, § 3; G.L. 1938, ch. 638, § 3; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-19-2 .

46-19-3. Approval of plans for construction or alteration.

No dam or reservoir shall be constructed or substantially altered until plans and specifications of the proposed work shall have been filed with and approved by the director.

History of Section. G.L. 1896, ch. 124, § 4; P.L. 1902, ch. 991, § 1; G.L. 1909, ch. 150, § 4; G.L. 1923, ch. 180, § 4; G.L. 1938, ch. 638, § 4; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-19-3 .

NOTES TO DECISIONS

In General.

There is nothing in the statute which requires a person to keep a dam in operation against his will. Powers v. Lawson, 86 R.I. 441 , 136 A.2d 613, 1957 R.I. LEXIS 125 (1957).

Application of Section.

This section contemplates substantial alterations to a dam or reservoir in use, for the purpose of preventing danger to life or property from the breaking of such dam or reservoir, resulting from the uncontrolled escape of water therefrom. Powers v. Lawson, 86 R.I. 441 , 136 A.2d 613, 1957 R.I. LEXIS 125 (1957).

A dike or levee to protect a reservoir is not a dam as used in this section. Bristol County Water Co. v. Oliviera, 87 R.I. 356 , 141 A.2d 443, 1958 R.I. LEXIS 64 (1958).

46-19-4. Investigations and orders as to unsafe dams and reservoirs.

  1. The director of the department of environmental management, on application made to him or her in writing by any person owning or representing property liable to injury or destruction by the breaking of any dam or reservoir, or on an application made by any mayor or city council of any city, or by the town council of any town, on account of danger of loss of life or of injury to any highway or bridge therein, from the breaking of any dam or reservoir, or, without the complaint, whenever he or she shall have cause to apprehend that any dam or reservoir is unsafe, shall forthwith view and thoroughly examine the dam or reservoir, or cause the dam or reservoir to be viewed and examined. And if in the judgment of the director the dam or reservoir be not sufficiently strong to resist the pressure of water upon it, or if from any other cause the director shall determine the dam or reservoir to be unsafe, or if in his or her judgment there is reasonable cause to believe that danger to life or property may be apprehended from the unsafe dam or reservoir, the director shall determine whether the water in the reservoir shall be drawn off in whole or in part, and what alterations, additions, and repairs are necessary to be made to the dam or reservoir to make the dam or reservoir safe, and shall forthwith in writing under his or her hand notify the owner or person having control of the dam or reservoir to cause the additions, alterations, and repairs in the dam or reservoir to be made within a time to be limited in the notice; and may order the water in the reservoir to be drawn off, in whole or in part, as the director may determine.
  2. If such order is not carried out within the time specified, or if the owner of the dam cannot be determined, the director of the department of environmental management or the director’s duly authorized agents may carry out the actions to mitigate the unsafe condition as required by the order, provided the director has determined that an emergency exists and the safety of life and/or property is endangered. The director is hereby authorized to assess the costs of such action, including the use of deed restrictions, against the person owning or having care and control of the dam.
  3. Any order or notice issued by the director 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 land evidence records in the city or town wherein the subject property is located. Upon satisfactory completion of the requirements of the order or notice, the director shall provide written notice of the same, which notice shall be similarly eligible for recordation. The written notice of satisfactory completion 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 land evidence records in the city or town wherein the subject property is located.

History of Section. G.L. 1896, ch. 124, § 5; G.L. 1909, ch. 150, § 5; G.L. 1923, ch. 180, § 5; G.L. 1938, ch. 638, § 5; G.L. 1956, § 46-19-4 ; P.L. 2006, ch. 58, § 1; P.L. 2006, ch. 62, § 1; P.L. 2012, ch. 126, § 1; P.L. 2012, ch. 175, § 1.

Compiler’s Notes.

P.L. 2012, ch. 126, § 1, and P.L. 2012, ch. 175, § 1 enacted identical amendments to this section.

NOTES TO DECISIONS

Application.

This section and § 46-19-5 have no application where the use of a dam had been abandoned and three planks from the crest of the dam were removed, thereby lowering the level of the water two or three feet, resulting in mud flats and breeding places for mosquitoes, the purpose of the sections being to protect life and property from dangers resulting from the breaking of the dam. Powers v. Lawson, 86 R.I. 441 , 136 A.2d 613, 1957 R.I. LEXIS 125 (1957).

46-19-5. Judicial enforcement of order to make dam or reservoir safe.

  1. If the owner or person having the control of any dam or reservoir, who shall be required to draw off the water, or a portion of the water, in any reservoir, or to make alterations in any reservoir, or repairs thereon or additions thereto, in the manner prescribed in § 46-19-4 , shall not forthwith proceed to comply with the requirement, or shall not prosecute the work, when commenced, with reasonable expedition, the director of the department of environmental management shall make out a complaint in which he or she shall set forth the condition of the dam or reservoir, and the steps he or she has taken to cause the water to be drawn off therefrom and for the alteration or repair thereof, or to have additions made thereto to secure the safety of the dam or reservoir, and the default of the owner or person having control thereof in drawing off the water, repairing, altering, or in making an addition to the dam or reservoir, and that the safety of life and property is endangered by the default, and shall subscribe the default, and deliver the complaint to the attorney general or to an assistant attorney general, who shall present the complaint to the supreme court or the superior court, with a petition in the nature of an information ex officio, praying that the person owning or controlling the dam or reservoir may be required and ordered forthwith to comply with the requirements of the director of the department of environmental management theretofore made in the premises, or with such other orders as may be made by the court, to secure all persons having reasonable cause to apprehend injury to life or property from the unsafe condition of the dam or reservoir.
  2. Upon the filing of the petition, a citation shall issue to the person controlling or owning the dam, commanding him or her to appear at a time and place therein named, to show cause, if any exists, why the relief prayed for shall not be granted; and the court shall summarily proceed to hear the cause, and upon hearing the parties, or by proceeding ex parte, if the respondent fails to appear, the court may pass such order and decree in the premises as will effectually secure the persons interested from danger or loss from the breaking of the dam or reservoir complained of; and the court may enforce the orders and decrees by injunction, process for contempt, by sequestration, or by such other process as may be applicable in those cases.

History of Section. G.L. 1896, ch. 124, § 6; G.L. 1909, ch. 150, § 6; G.L. 1923, ch. 180, § 6; G.L. 1938, ch. 638, § 6; P.L. 1956, ch. 3632, § 1; G.L. 1956, § 46-19-5 ; P.L. 2007, ch. 340, § 55.

NOTES TO DECISIONS

Application.

This section and § 46-19-4 have no application where the use of a dam had been abandoned and three planks from the crest of the dam were removed thereby lowering the level of the water two or three feet resulting in mud flats and breeding places for mosquitoes, the purpose of the sections being to protect life and property from dangers resulting from the breaking of the dam. Powers v. Lawson, 86 R.I. 441 , 136 A.2d 613, 1957 R.I. LEXIS 125 (1957).

46-19-6. Access of agents to private property.

The director and the director’s duly authorized agents may, in the discharge of his or her or their duties, enter upon and pass over private property without rendering himself or herself or themselves liable in an action for trespass.

History of Section. G.L. 1896, ch. 124, § 9; P.L. 1902, ch. 991, § 2; G.L. 1909, ch. 150, § 9; G.L. 1923, ch. 180, § 9; G.L. 1938, ch. 638, § 9; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-19-6 .

46-19-7. Employment of consulting engineer.

The director of the department of environmental management may employ a consulting engineer in any specific case in which the exigencies of the case may require it. The compensation of the consulting engineer shall be allowed by the director, and shall be paid upon the order of the state controller out of any money in the treasury appropriated therefor.

History of Section. G.L. 1896, ch. 124, § 7; G.L. 1909, ch. 150, § 7; G.L. 1923, ch. 180, § 7; G.L. 1938, ch. 638, § 7; impl. am. P.L. 1939, ch. 660, §§ 65, 100; G.L. 1956, § 46-19-7 .

46-19-8. Appropriations and disbursements.

The general assembly shall annually appropriate such sum as it may deem necessary, to pay all necessary expenses incurred by the director of the department of environmental management in the discharge of the director’s duties; and the state controller is hereby authorized and directed to draw his or her orders on the general treasurer from time to time for such sums as may be necessary, upon the presentation of properly authenticated vouchers.

History of Section. G.L. 1896, ch. 124, § 8; P.L. 1902, ch. 991, § 2; P.L. 1906, ch. 1329, § 2; G.L. 1909, ch. 150, § 8; P.L. 1909, ch. 407, § 2; G.L. 1923, ch. 180, § 8; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 638, § 8; impl. am. P.L. 1939, ch. 660, §§ 65, 100; G.L. 1956, § 46-19-8 .

46-19-9. Emergency action plans.

  1. By July 1, 2008, an emergency action plan shall be prepared for each significant or high hazard dam by the city or town wherein the dam lies. The Rhode Island emergency management agency, as established in chapter 15 of title 30 shall develop guidelines for the preparation of emergency action plans. The department of environmental management and the Rhode Island League of Cities and Towns shall cooperate with the Rhode Island emergency management agency in developing the guidelines. All emergency action plans prepared pursuant to this section shall not be considered final or complete until approved by the emergency management agency, with the cooperation of the department of environmental management.
  2. The owner of any other dam, regardless of the assigned hazard classification, may also be required to prepare an emergency action plan if deemed necessary by the department of environmental management.
  3. Emergency action plans shall be updated on an annual basis and shall be filed with the Rhode Island emergency management agency, the department of environmental management, the chief of the local police department and the local city or town emergency management official.
  4. Once an emergency action plan is complete, the city or town wherein the dam lies shall provide written notice to the dam owner of the costs for actions taken by the city or town in the development of the emergency action plan. Said costs of developing the emergency action plan shall be remitted to the city or town within ninety (90) days of the receipt of such notice. In the event that the costs are not remitted within the ninety (90) day period, the municipality shall have a valid legal claim against the dam owner, in the amount of such costs, plus any costs associated with the pursuit of the claim.
  5. Each state agency shall, in cooperation with the municipality in which the dam lies, be responsible for the preparation of an emergency action plan for each high and significant hazard dam owned by said agency by the deadline specified in subsection (a).

History of Section. P.L. 2006, ch. 58, § 2; P.L. 2006, ch. 62, § 2.

Chapter 20 Ditches and Drains

46-20-1. Petition to drain across lands of another.

Whenever the owner or owners of any lands in this state may wish to drain the lands, and cannot agree with the proprietor or proprietors of the adjacent land or lands to be affected, as to the mode of draining the land or lands and the damages consequent thereon, the owner or owners may prefer a petition to the town council of the town in which the lands are situated, for power to drain the land or lands across the lands of other proprietors. The petition shall set forth the course of the proposed ditch or drain, and the names of the proprietors whose lands are to be affected thereby, and the petitioner shall file a bond in such sum as the town council shall direct, conditioned to pay all costs of the proceedings in case it shall be determined inexpedient to construct the ditch or drain.

History of Section. G.L. 1896, ch. 76, § 1; G.L. 1909, ch. 90, § 1; G.L. 1923, ch. 102, § 1; G.L. 1938, ch. 350, § 1; G.L. 1956, § 46-20-1 .

Cross References.

Highway bridges and culverts, § 24-5-18 et seq.

Injury to or interference with water-control structures, penalty, § 11-44-8 .

Licensing of drainlayers, § 5-20-11 .

Comparative Legislation.

Ditches and drains:

Conn. Gen. Stat. § 52-456 et seq.

Mass. Ann. Laws ch. 252, § 1 et seq.

Collateral References.

Deeds for drainage purposes as creating fee or easement. 136 A.L.R. 407.

Extinguishment by prescription of natural servitude for drainage of surface waters. 42 A.L.R.4th 462.

Loss by nonuser or private easement as to drains. 25 A.L.R.2d 1317.

Remedy provided by statute or ordinance, failure of property owner to avail himself of, as precluding attack based on improper inclusion of property in, or exclusion of property from, assessment. 100 A.L.R. 1296.

46-20-2. Notice of hearing on petition.

On receipt of the petition as aforesaid, the town council shall refer the matter to some day for a hearing, and shall cause notice to be served on all parties interested, of the substance of the petition and the time and place of the hearing thereon, at least twenty (20) days before the hearing. In case any parties interested are not residents of the state, notice shall be given by sending the citation by mail to their last known place of abode, and by publishing a notice of the pendency of the petition, in some newspaper published in the county, for three (3) weeks before the time appointed for the hearing.

History of Section. G.L. 1896, ch. 76, § 2; G.L. 1909, ch. 90, § 2; G.L. 1923, ch. 102, § 2; G.L. 1938, ch. 350, § 2; G.L. 1956, § 46-20-2 .

Collateral References.

Sufficiency of statutory provision for notice and hearing. 84 A.L.R. 1098; 145 A.L.R. 1196.

46-20-3. Determination of best method of drainage — Apportionment of damages — Action by council.

If the town council, after hearing the parties in interest, shall deem it advisable, they shall appoint three (3) judicious and disinterested persons who shall prescribe the best mode of draining the land or lands and shall apportion the damages and benefits between the parties in interest, and shall make a report in writing of their doings to the council, and the council shall appoint a day for hearing the parties interested, and, after notice as provided in § 46-20-2 , shall consider the report, and accept or reject the report in whole or in part, as justice shall require, and the council may make such orders thereon as they shall deem lawful and right.

History of Section. G.L. 1896, ch. 76, § 3; G.L. 1909, ch. 90, § 3; G.L. 1923, ch. 102, § 3; G.L. 1938, ch. 350, § 3; G.L. 1956, § 46-20-3 .

Collateral References.

Property interest as disqualifying one to participate in proceeding to establish. 11 A.L.R. 193.

46-20-4. Appeal.

If either of the parties interested shall be aggrieved by the doings or orders of the town council, that party, or that party’s heir or devisee, may appeal therefrom, according to the provisions of law, with reference to appeals from town councils.

History of Section. G.L. 1896, ch. 76, § 4; C.P.A. 1905, § 1106; G.L. 1909, ch. 90, § 4; G.L. 1923, ch. 102, § 4; G.L. 1938, ch. 350, § 4; G.L. 1956, § 46-20-4 .

Cross References.

Appeals from town councils, §§ 45-5-16 , 45-5-17 .

46-20-5. Costs.

The costs of the petition and all the proceedings thereon under this chapter shall be taxed at the discretion of the town council or of the court, and execution shall issue therefor as in civil cases.

History of Section. G.L. 1896, ch. 76, § 5; G.L. 1909, ch. 90, § 5; G.L. 1923, ch. 102, § 5; G.L. 1938, ch. 350, § 5; G.L. 1956, § 46-20-5 .

Collateral References.

Income or corpus of trust estate as liable for cost of drains. 128 A.L.R. 298; 175 A.L.R. 1434.

Chapter 21 Blackstone Valley Sewer District [Repealed.]

46-21-1 — 46-21-53. Repealed.

Repealed Sections.

This chapter (P.L. 1947, ch. 1837, §§ 1-5 and 18-35; P.L. 1948, ch. 1993, § 1; P.L. 1949, ch. 2217, § 1; P.L. 1950, ch. 2454, § 1; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; P.L. 1953, ch. 3158, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, §§ 46-21-1 to 46-21-41; P.L. 1958, ch. 98, § 1; P.L. 1962, ch. 214, § 1; P.L. 1964, ch. 199, § 1; P.L. 1970, ch. 73, § 1; P.L. 1970, ch. 101, § 1; P.L. 1971, ch. 140, § 1; P.L. 1973, ch. 39, § 1; P.L. 1975, ch. 37, § 1; P.L. 1975, ch. 211, § 1; P.L. 1976, ch. 194, § 1; P.L. 1980, ch. 162, § 1; P.L. 1980, ch. 358, §§ 1-5; P.L. 1981, ch. 142, §§ 1 & 2; P.L. 1982, ch. 395, § 1; P.L. 1989, ch. 400, § 1; P.L. 1989, ch. 464, § 1; P.L. 1990, ch. 406, § 2), consisting of §§ 46-21-1 to 46-21-53 and relating to the Blackstone Valley Sewer District, was repealed principally by P.L. 1996, ch. 404, § 39, effective August 9, 1996. Certain sections were previously repealed by P.L. 1976, ch. 194, § 1 and P.L. 1990, ch. 406, § 1. For present comparable provisions, see chapters 25 and 25.1 of this title.

Chapter 22 Regulation of Boats

46-22-1. Declaration of policy.

It is the policy of this state to promote safety for person and property in and connected with the use, operation, and equipment of vessels, and to promote uniformity of laws relating thereto.

History of Section. P.L. 1959, ch. 187, § 1.

Comparative Legislation.

Boating:

Conn. Gen. Stat. § 15-121 et seq.

Mass. Ann. Laws ch. 90B, § 1 et seq.

46-22-2. Definitions.

As used in this chapter, unless the context clearly requires a different meaning:

  1. “Director”  means the director of the department of environmental management.
  2. “Motorboat”  means any vessel whether or not the vessel is propelled by machinery. For purposes of this chapter, motorboat shall not include houseboats as defined in § 44-5-25.1 , canoes, and rowboats twelve feet (12´) in length or less.
  3. “Operate”  means to navigate or otherwise use a motorboat or a vessel.
  4. “Owner”  means a person, other than a lien holder, having the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved, or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.
  5. “Person”  means an individual, partnership, firm, corporation, association, or other entity.
  6. “Personal watercraft”  means a small class A vessel less than sixteen feet (16´) in length which uses an outboard motor or an inboard motor powering a water jet pump as its primary source of motive power; and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than the conventional manner of sitting or standing inside of the vessel.
  7. “Vessel”  means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
  8. “Waters of this state”  means any waters within the territorial limits of this state, and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1985, ch. 370, § 1; P.L. 1990, ch. 65, art. 24, § 2; P.L. 2001, ch. 178, § 1; P.L. 2001, ch. 384, § 1.

Collateral References.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R.5th 347.

46-22-3. Operation of unnumbered motorboats prohibited.

  1. Every motorboat on the waters of this state shall be numbered.
  2. No person shall operate or give permission for the operation of any motorboat on those waters unless the motorboat is numbered in accordance with this chapter, or in accordance with applicable federal law, or in accordance with a federally approved numbering system of another state, and unless:
    1. The certificate of number awarded to the motorboat is in full force and effect, and
    2. The identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 2007, ch. 340, § 56.

46-22-4. Identification number and registration fee.

    1. Except as otherwise provided in subsection (b), the owner of each motorboat shall file biennially an application for registration with the department of environmental management on forms approved by the director. The application shall be accompanied by a registration fee according to the following schedule:
      1. For the purpose of the above fee schedule, “overall length” shall be defined as the horizontal distance between the foremost part of the stem, and, the aftermost part of the stern, excluding bowsprits, bumpkins, rudders, outboard motor brackets, and similar fittings or attachments. For purposes of this section, a fraction of a foot shall be deemed to be the next higher foot.
      2. The fee payable under this section for any motorboat owned by a nonprofit organization shall not exceed fifty dollars ($50.00).
      3. All vessels over thirty feet (30´) may, upon request, pay the registration fee annually at the rate of one-half (1/2) the biennial fee for a vessel of the same length.
    2. Upon receipt of the completed application and correct registration fee, the department of environmental management shall enter the application and registration fee into its records, and issue to the owner a certificate of number stating the number awarded to the motorboat and the name and address of the owner. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the department of environmental management in order that it may be clearly visible. The number shall be maintained in legible condition. The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever that motorboat is in operation.

      Click to view

  1. The owner of any motorboat already covered by an identification number, in full force and effect, which has been awarded to it pursuant to then operative federal law or a federally approved numbering system of another state, shall record the number with the department of environmental management prior to operating the motorboat on the waters of this state in excess of the ninety (90) day reciprocity period provided for in § 46-22-6(a). The recordation shall be in the manner and subject to the procedure and fees required for the award and transfer of a number under subsections (a) and (c) through (i), except that no additional or substitute number shall be issued.
  2. Should the ownership of a motorboat change, a new application form shall be filed with the department of environmental management. Should the change in ownership take place before the date upon which the certificate of number expires, the new owner shall pay an administrative fee of ten dollars ($10.00). The number assigned to the vessel shall remain with the vessel and be non-transferable while the vessel remains certified in the state of Rhode Island; provided, however, that upon the request of the owner of a duly registered vessel of historic value that is more than fifty (50) years old, the number assigned to the vessel may be transferred to a different historic vessel owned by the same person. The original vessel will be given a new registration number and the owner shall pay a transfer fee of six dollars ($6.00) for each vessel.
  3. In the event that an agency of the United States government shall have in force an overall system of identification numbering for motorboats within the United States, the numbering system employed pursuant to this chapter by the department of environmental management shall be in conformity therewith.
  4. All records of the department of environmental management made or kept pursuant to this section shall be public records.
  5. The department of environmental management shall fix a day and month of the year on which the certificate of number is due to expire and no longer be of any force and effect, unless renewed pursuant to this chapter.
  6. The owner shall furnish the department of environmental management notice of the transfer of all or any part of the owner’s interest, other than the creation of a security interest in a motorboat numbered in this state, pursuant to subsections (a) and (b), or of the destruction or abandonment of the motorboat, within fifteen (15) days thereof. That destruction shall terminate the certificate of number for the motorboat.
  7. Any holder of a certificate of number shall notify the department of environmental management within fifteen (15) days if the holder’s address no longer conforms to the address appearing on the certificate and shall, as a part of the notification, furnish the department of environmental management the new address. The department of environmental management may provide, in its rules and regulations, for the surrender of the certificate bearing the former address or for the alteration of an outstanding certificate to show the new address of the holder.
  8. No number, other than the number awarded to a motorboat or granted reciprocity pursuant to this chapter, shall be painted, attached, or otherwise displayed on either side of the bow of the motorboat.
  9. Biennial registration shall be phased in, alphabetically, over a two (2) year period starting January 1, 1999 at which time all owners whose last names begin with the letters “A” through “M” applications for registration will be accepted for consideration on a biennial basis.  Owners whose last names begin with the letters “N” through “Z” shall be subject to biennial registration starting January 1, 2000.

OVERALL LENGTH NOT MORE BIENNIAL FEE AT LEAST THAN FEET FEET UNDER 15 $30 16 20 $40 21 25 $60 26 30 $100 31 35 $200 36 40 $250 41 45 $300 46 50 $400 51 and over $600

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 1; P.L. 1967, ch. 184, §§ 1 to 3; P.L. 1969, ch. 243, § 1; P.L. 1970, ch. 317, § 1; P.L. 1985, ch. 370, § 1; P.L. 1986, ch. 406, § 1; P.L. 1990, ch. 65, art. 24, § 2; P.L. 1992, ch. 133, art. 16, § 1; P.L. 1997, ch. 185, § 1; P.L. 1997, ch. 229, § 1; P.L. 1997, ch. 268, § 1.

46-22-5. Classification and required equipment.

  1. Motorboats subject to the provisions of this chapter shall be divided into four (4) classes as follows:
    1. Class A. Less than sixteen feet (16´) in length.
    2. Class 1. Sixteen feet (16´) or over and less than twenty-six feet (26´) in length.
    3. Class 2. Twenty-six feet (26´) or over and less than forty feet (40´) in length.
    4. Class 3. Forty feet (40´) or over and not more than sixty-five feet (65´) in length.
  2. Every motorboat, in all weathers, from sunset to sunrise, shall carry and exhibit the following lights when under way, and during that time no other lights which may be mistaken for those prescribed shall be exhibited.
    1. Every motorboat of Classes A and 1 shall carry the following lights:
      1. A bright white light aft to show all around the horizon.
      2. A combined lantern in the fore part of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to two (2) points abaft the beam of their respective sides.
    2. Every motorboat of Classes 2 and 3 shall carry the following lights:
      1. A bright white light in the fore part of the vessel, as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of twenty (20) points of the compass, so fixed as to throw the light ten (10) points on each side of the vessel; namely, from right ahead to two (2) points abaft the beam on either side.
      2. A bright white light aft to show all around the horizon and higher than the white light forward.
      3. On the starboard side, a green light so constructed as to show an unbroken light over an arc of the horizon of ten (10) points of the compass, so fixed as to throw the light from right ahead to two (2) points abaft the beam on the starboard side. On the port side, a red light so constructed as to show an unbroken light over an arc of the horizon of ten (10) points of the compass, so fixed as to throw the light from right ahead to two (2) points abaft the beam on the port side. The side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.
    3. Motorboats of Classes A and 1, when propelled by sail alone, shall carry the combined lantern, but not the white light aft, prescribed by this section. Motorboats of Classes 2 and 3, when so propelled, shall carry the colored side lights, suitably screened, but not the white lights, prescribed by this section. Motorboats of all classes, when so propelled, shall carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.
    4. Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two (2) miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile. The word   “visible” in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.
    5. When propelled by sail and machinery, any motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.
  3. Any vessel may carry and exhibit the lights required by the federal regulations for preventing collisions at sea, 33 U.S.C. § 2000 et seq., in lieu of the lights required by subsection (b).
  4. Every motorboat of Class 1, 2, or 3 shall be provided with an efficient whistle or other sound producing mechanical appliance.
  5. Every vessel shall carry at least one life preserver, or life belt, or ring buoy, or other device of the sort prescribed by the regulations of the department of environmental management, for each person on board, so placed as to be readily accessible; provided, that every motorboat carrying passengers for hire shall carry, so placed as to be readily accessible, at least one life preserver of the sort prescribed by the regulations of the department of environmental management, for each person on board.
  6. Every motorboat shall be provided with such number, size, and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the department of environmental management, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.
  7. The provisions of subsections (d), and (f) shall not apply to motorboats while competing in any race conducted pursuant to § 46-22-13 or, if the boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.
  8. Every motorboat shall have the carburetor or carburetors of every engine therein (except outboard motors) using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap, or other similar device as may be prescribed by the regulations of the department of environmental management.
  9. Every motorboat and every vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the department of environmental management, for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.
  10. The department of environmental management is hereby authorized to make rules and regulations modifying the equipment requirements contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the federal Boat Safety Act of 1971 as amended or the federal navigation laws or with the navigation rules promulgated by the United States Coast Guard.
  11. The department of environmental management is hereby authorized to establish and maintain, for the operation of vessels not more than sixty-five feet (65´) in length on the waters of this state, pilot rules in conformity with the pilot rules contained in the federal navigation laws or the navigation rules promulgated by the United States Coast Guard.
  12. No person shall operate or give permission for the operation of a vessel, which is not equipped as required by this section, or modification thereof.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 2; P.L. 1965, ch. 134, § 3; P.L. 1991, ch. 124, § 1; P.L. 2009, ch. 331, § 1.

46-22-6. Exemption from numbering provisions of this chapter.

A motorboat shall not be required to be numbered under this chapter if it is:

  1. Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or federally approved numbering system of another state; provided, however, in the event the boat is to be operated on the waters of this state in excess of ninety (90) days, the owner shall record the number with the department of environmental management, division of boating safety, and pay the fees required under this chapter.
  2. A motorboat from a country other than the United States temporarily using the waters of this state.
  3. A motorboat whose owner is the United States, a state, or a subdivision thereof.
  4. A ship’s lifeboat.
  5. A motorboat used exclusively for racing.
  6. A houseboat as defined in § 44-5-25.1 .
  7. A rowboat twelve feet (12´) in length or less.
  8. A canoe.
  9. A ferry.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 1; P.L. 1985, ch. 370, § 1; P.L. 1990, ch. 65, art. 24, § 2.

46-22-7. Boat liveries.

  1. The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him or her to be operated as a motorboat; the identification number thereof; and the departure date and time, and the expected time of return. The record shall be preserved for at least six (6) months.
  2. Neither the owner of a boat livery nor his or her agent or employee shall permit any motorboat or any vessel designed or permitted by him or her to be operated as a motorboat to depart from his or her premises unless it shall have been provided, either by owner or renter, with the equipment required pursuant to § 46-22-5 , and any rules and regulations made pursuant thereto.

History of Section. P.L. 1959, ch. 187, § 1.

46-22-8. Muffling devices.

The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. Outboard motors shall be equipped with underwater exhausts of standard manufacture as furnished by marine supply dealers. The use of cutouts is prohibited, except for motorboats competing in a regatta or boat race approved as provided in § 46-22-13 , and for such motorboats while on trial-runs approved as provided in § 46-22-13 (b), or during a period not to exceed forty-eight (48) hours immediately preceding the regatta or race and for the motorboats, while competing in official trials for speed records, during a period not to exceed forty-eight (48) hours immediately following the regatta or race.

History of Section. P.L. 1959, ch. 187, § 1.

46-22-9. Prohibited operation.

  1. No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device in a reckless manner so as to endanger the life, limb, or property of another.
  2. No person shall operate any motorboat or vessel or manipulate any water skis, surfboard, or similar device while intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana. A person arrested and charged with operating any motorboat or vessel, or manipulating any water skis, surfboard, or similar device, while under the influence of intoxicating liquor or narcotic or habit-forming drugs, shall have the right to be examined at his or her own expense immediately after his or her arrest, by a physician selected by him or her, and the officer so arresting or so charging that person shall immediately inform that person of this right and afford him or her a reasonable opportunity to exercise this right, and at the trial of that person the prosecution must prove that he or she was so informed and was afforded the opportunity.
  3. No person shall operate a motorboat or vessel within a water area, which has been clearly marked, in accordance with, and as authorized by, the laws of the state, by buoys or some other distinguishing device as a bathing, swimming, or otherwise restricted area; provided, that this section shall not apply in the case of an emergency, or to patrol or rescue craft. The department of environmental management, is hereby authorized to establish maximum speeds for boats in the public harbors in the state of Rhode Island at five (5) miles per hour, no wake. Any such speed limits duly established by the department of environmental management, pursuant hereto, shall have the full force and effect of law, and a violation thereof shall be a misdemeanor in accordance with the penalties enumerated in § 46-22-19(3) .
  4. No person shall operate any motorboat, vessel, or seaplane in a manner which shall unreasonably or unnecessarily interfere with any other motorboat, vessel, or seaplane, or with the free and proper navigation of the waterways of the state. Anchoring under bridges or in heavily traveled channels shall constitute interference if unreasonable under the prevailing circumstances.
  5. No motorboat, vessel, or seaplane shall be docked or made fast to any pier, wharf, or other shore structure without the consent of the owner thereof, except in the case of an emergency.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1969, ch. 62, § 1; P.L. 1977, ch. 86, § 1.

46-22-9.1. Houseboats — Exclusion from coastal ponds.

  1. No person shall live on a houseboat on any coastal pond in this state.
  2. As used in this section,   “houseboat,” means a building constructed on a float, raft, or barge that is used for single or multiple family habitation or is represented as a place of business. If used as a means of transportation, this use is secondary.   “Houseboat” includes platforms, and waterborne hotels and restaurants.
  3. A   “coastal pond”, as used in this section, shall be as designated or defined in the rules and regulations of the coastal resources management council.

History of Section. P.L. 1981, ch. 369, § 1.

46-22-9.2. Flotation devices — Children.

Any person transporting a child under thirteen (13) years of age in a recreational vessel less than sixty-five (65) feet in length on the waters of this state shall require that the child wear a personal flotation device approved by the United States Coast Guard when underway, unless below deck or in a closed cabin.

History of Section. P.L. 1990, ch. 47, § 1; P.L. 1992, ch. 362, § 1; P.L. 2006, ch. 329, § 1.

46-22-9.3. Operating so as to endanger, resulting in death.

  1. When the death of any person ensues as a proximate result of an injury received by the operation of any vessel in reckless disregard of the safety of others, the person so operating such vessel shall be guilty of “operating so as to endanger, resulting in death.”
  2. Any person charged with the commission of the foregoing shall upon conviction be imprisoned for not more than ten (10) years.

History of Section. P.L. 1991, ch. 121, § 1.

46-22-9.4. Operating so as to endanger, resulting in personal injury.

  1. When the serious bodily injury of any person ensues as a proximate result of the operation of any vessel in reckless disregard of the safety of others, the person so operating such vessel shall be guilty of “operating so as to endanger, resulting in personal injury.”
  2. “Serious bodily injury”  means physical injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
  3. Any person charged with a violation of this section shall upon conviction be imprisoned for not more than five (5) years and shall be required to take a boating safety course.

History of Section. P.L. 1991, ch. 121, § 1.

46-22-9.5. Speeding.

  1. No person shall operate any motor-boat or vessel in any harbor or inlet or any pond or other confined body of water in this state in excess of forty-five (45) miles per hour during the hours from sunrise to sunset and twenty-five (25) miles per hour during periods of darkness or other periods of restricted visibility; provided, however, nothing herein shall prohibit the posting of lesser speed limits where deemed necessary by the appropriate state or local authority.
  2. Violations of this section shall be as follows:
    1. The first violation, if no greater than ten (10) miles per hour over the speed limit, shall be a civil offense which shall require payment of a twenty-five dollar ($25.00) assessment fee and the violator may be required to attend a boating safety course.
    2. Any violation in excess of ten (10) miles per hour over the speed limit shall be deemed a misdemeanor with fines as follows:
      1. 11-15 miles per hour in excess of speed limit $50.00 (ii) 16-20 miles per hour in excess of speed limit $75.00 (iii) 21-25 miles per hour in excess of speed limit $100.00 (iv) Greater than 25 miles per hour in excess of speed limit: Fine of five dollars ($5.00) per mile in excess of speed limit. (v) The violator shall also be required to attend a boating safety course.

        Click to view

    3. State, federal, and local law enforcement and rescue agencies may exceed this speed limit when responding to an emergency or law enforcement action: provided that this speed does not endanger any person not involved in this action.
  3. The operation of personal watercrafts, as defined, use, speed, age of operator, and area of operation shall be regulated by the department of environmental management. Rules and regulations shall be promulgated by the department within three (3) months of June 16, 1991.

History of Section. P.L. 1991, ch. 121, § 1; P.L. 2007, ch. 340, § 56.

46-22-9.6. False distress or hoax calls.

  1. Whoever, knowing it to be false, transmits or causes to be transmitted by radio, telephone, use of emergency flares or other means of communication, the alleged occurrence or impending occurrence of an emergency situation which threatens the life, or safety of a person and/or the loss of property, to any state, federal or local law enforcement or other public safety agency shall be guilty of transmitting a false distress or hoax call.
  2. Any person charged with the commission of the foregoing shall, upon conviction, be subject to imprisonment not to exceed one year and a fine not to exceed one thousand dollars ($1,000). In addition to any other fines or penalties imposed under this section, the person or persons convicted shall pay restitution for any cost related to the emergency response to the false or hoax call.

History of Section. P.L. 2001, ch. 32, § 1; P.L. 2001, ch. 33, § 1.

46-22-9.7. Marine safety zones.

The director shall formulate a memorandum of understanding with the coastal resources management council and the United States Coast Guard with regard to the establishment of temporary safety zones and/or exclusionary zones.

History of Section. P.L. 2001, ch. 32, § 1.

46-22-9.8. Certificate of boating safety education.

  1. No person born on or after January 1, 1986 shall operate a vessel that is fitted with propulsion machinery of more than ten (10) horsepower on the waters of this state unless the person shall have successfully completed a boating safety education program as approved by the director of the department of environmental management.
  2. The content of acceptable boating safety education programs shall meet the minimum standards and guidelines and be approved by the National Association of State Boating Law Administrators (NASBLA). Acceptable programs shall include those NASBLA approved courses offered by the state, the United States Coast Guard Auxiliary, the United States Power Squadrons or any other course approved by the director.
  3. Instructors shall meet the minimum requirements as established by NASBLA and shall be certified by the state.
  4. Upon completion of a boating safety course, a written test shall be administered under the direct supervision of a certified instructor. The test shall include at least twenty-five (25) questions, scored on a one hundred percent (100%) scale, and have a passing grade of seventy percent (70%) or better. Test results shall be maintained by the department of environmental management, division of enforcement.
  5. The department shall issue a durable certificate of completion that meets the NASBLA guidelines. The certificate of completion shall be presented upon request of any authorized law enforcement officer to show proof of compliance.
  6. A challenge exam, meeting the standards of subsection (d) proctored and administered by a certified instructor, shall be made available to those individuals that wish to review the requirements of this section. The exam may be administered to a candidate two (2) times. Failure of the examination on the second attempt will require the candidate to retake and/or complete the same and/or a different boating safety education program as provided for in this section.
    1. Any person having in his or her possession a certificate of completion of any boating safety course approved by NASBLA shall be considered to be in compliance with this chapter and can request that a certificate be issued by the department.
    2. The following persons shall be exempt from the educational provisions of this chapter provided that they can provide proof of exemption:
      1. A person who operates a vessel under training, directly supervised by a person on board the vessel who is eighteen (18) years of age or older and meets the requirements of subsection (a);
      2. A person who holds a valid commercial vessel operator’s license issued by the United States Cost Guard, a state, or a province;
      3. Non-residents temporarily using the waters of this state who meet the requirements of their state of legal residence.
    3. New residents of this state will be given sixty (60) days to meet the requirements of this chapter.
    4. Boat liveries that rent out boats or vessels fitted with propulsion machinery greater than ten (10) horse power shall require all renters who do not comply with this section to watch a short instructional video approved by the director on boating safety for the type of craft rented, and pass a written examination.
  7. Any person operating a personal watercraft as defined in § 46-22-2(6) on the waters of this state shall have successfully completed a boating safety education program as approved by the director of the department of environmental management.
    1. Any person who violates any provision of this section shall be sanctioned as follows:
    1. For a first offense completion of an approved boating safety course;
    2. For a second offense a fine not to exceed one hundred dollars ($100).

History of Section. P.L. 2001, ch. 62, § 1; P.L. 2001, ch. 211, § 1.

46-22-10. Collisions, accidents, and casualties.

It shall be the duty of the operator of any motorboat or vessel involved in a collision, accident, or other casualty, so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers (if any), to render to other persons affected by the collision, accident, or other casualty, such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also to give his or her name, address, and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 1; P.L. 1968, ch. 267, § 1.

Collateral References.

Liability in admiralty for collision between vessel and drawbridge structure. 134 A.L.R. Fed. 537.

46-22-11. Transmittal of information.

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department of environmental management, pursuant to § 46-22-21 or 46-22-22 , shall be transmitted to that official or agency of the United States.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 4.

46-22-12. Water skis and surfboards.

  1. No person shall operate a vessel on any waters of this state for towing a person or persons on water skis, or a surfboard, or similar device unless there is in the vessel a person at least twelve (12) years of age, in addition to the operator, in a position to observe the progress of the person or persons being towed. Any person or persons on water skis, a surfboard, a tube or similar device that is being towed behind a vessel on any waters of this state shall be required to wear a life jacket approved by the U.S. Coast Guard.
  2. No person shall operate a vessel on any waters of this state towing a person or persons on water skis, a surfboard, or similar device, nor shall any person engage in water skiing, surfboarding, or similar activity at any time between the hours from one hour after sunset to one hour before sunrise.
  3. The provisions of subsections (a) and (b) do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under § 46-22-13 .
  4. No person shall operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1969, ch. 61, § 1; P.L. 1978, ch. 186, § 1; P.L. 2007, ch. 75, § 1; P.L. 2007, ch. 87, § 1.

Compiler’s Notes.

P.L. 2007, ch. 75, § 1, and P.L. 2007, ch. 87, § 1, enacted identical amendments to this section.

46-22-13. Regattas, races, marine parades, tournaments, or exhibitions.

  1. No regatta, motorboat or other boat race, marine parade, tournament, or exhibition (but not including a navigational or piloting contest), in which vessels participating are to be propelled by machinery, may be held on any waters of this state unless authorized by the department of environmental management, as set forth in this section. The department shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.
    1. Whenever a regatta, motorboat or other boat race, marine parade, tournament, or exhibition is proposed to be held, the person in charge thereof, shall, at least fifteen (15) days prior thereto, file an application with the department of environmental management for permission to hold the regatta, motorboat or other boat race, marine parade, tournament, or exhibition. The application shall set forth the date, time, and location where it is proposed to hold the regatta, motorboat or other boat race, marine parade, tournament, or exhibition, and it shall not be conducted without authorization of the department of environmental management in writing.
    2. No application for a motorboat race (not including a navigational or a piloting contest), in which vessels participating are to be propelled by machinery on any waters of this state, shall be approved by the department of environmental management until the applicant shall furnish proof to the department that the applicant has in force regatta liability insurance in the following amounts:
      1. Bodily injury to one person $10,000 (ii) Bodily injury to two or more persons $20,000 (iii) Property damage – one accident $5,000 (iv) Property damage – aggregate $10,000

        Click to view

  2. A special permit shall be obtained from the department of environmental management for authorization to engage in a trial run (other than a trial run held under the provisions of§ 46-22-8 ) for a motorboat regatta or race, with or without cutouts and/or mufflers, the permit setting forth the time, place, and other conditions under which the trial run may be made.
  3. Motorboats used exclusively for racing, operating on the waters of this state, other than when competing in a duly authorized regatta or race, or making trial runs as set forth in this chapter, shall comply with all the provisions of this chapter.
  4. The provisions of this section shall not exempt any person from compliance with applicable federal law or regulation, but nothing contained herein shall be construed to require the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 2; P.L. 2007, ch. 340, § 56.

Collateral References.

Validity, construction, and application of state or local enactments regulating parades. 80 A.L.R.5th 255.

46-22-13.1. Marine safety zones.

  1. The director of the department of environmental management is hereby authorized, when necessary for the safety of the public and/or protection of the environment, to establish temporary safety zones on the waters of this state for the purposes of restricting vessel traffic, and direct those persons authorized to enforce the provisions of this chapter to prosecute in district court any violations of any marine safety zone. The director shall coordinate with the U.S. Coast Guard and, when applicable, local harbormasters prior to the establishment of a marine safety zone.
  2. As described in this section, a temporary marine safety zone shall not exist for longer than seventy-two (72) consecutive hours. Only in the event of an environmental disaster, marine disaster or public safety emergency shall the director have the authority to extend the zone beyond seventy-two (72) hours.
  3. Any person who violates any provision of this section shall be guilty of a misdemeanor and shall be subject to imprisonment not to exceed one year or a fine not to exceed one thousand dollars ($1000), or both, for each violation.

History of Section. P.L. 2002, ch. 421, § 1.

46-22-13.2. Bridge safety.

All ships whose primary cargo is liquefied natural gas as defined in U.S.C. title 49, § 60101(11) shall have at least thirty feet (30´) of clearance under all of Rhode Island’s bridges. This section shall not apply to boats under sail.

History of Section. P.L. 2010, ch. 133, § 1; P.L. 2010, ch. 135, § 1.

Compiler’s Notes.

P.L. 2010, ch. 133, § 1, and P.L. 2010, ch. 135, § 1, enacted identical versions of this section.

46-22-14. Local regulation.

  1. The provisions of this chapter, and of other applicable laws of this state, shall govern the operation, equipment, numbering, and all other matters relating thereto whenever any vessel shall be operated on the waters of this state, or when any activity regulated by this chapter shall take place thereon; but nothing in this chapter shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to the provisions of this chapter, amendments thereto, or regulations issued thereunder; provided, that the ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments thereto, or regulations issued thereunder.
  2. Any subdivision of this state may, at any time, but only after public notice, make formal application to the department of environmental management for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits, and shall set forth therein the reasons which make those special rules or regulations necessary or appropriate.
  3. The department of environmental management is hereby authorized to make special rules and regulations, not inconsistent with chapter 9 of this title or the rules and regulations issued thereunder, with reference to the operation of vessels not more than sixty-five feet (65´) in length on any waters within the territorial limits of any subdivision of this state.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 2.

Cross References.

Local regulation permitted to certain towns, § 46-4-6.1 et seq.

46-22-15. Owner’s civil liability.

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the provisions of the statutes of this state, or neglecting to observe such ordinary care and such operation as the rules of the common law require. The owner shall not be liable, however, unless the vessel is being used with his or her express or implied consent. It shall be presumed that the vessel is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner’s family. Nothing contained herein shall be construed to relieve any other person from any liability which he or she would otherwise have, but nothing contained herein shall be construed to authorize or permit any recovery in excess of the injury or damage actually incurred.

History of Section. P.L. 1959, ch. 187, § 1.

NOTES TO DECISIONS

Statute Found Inapplicable.

When a city employee suffered injuries as result of situational anxiety shortly after being fired for refusal to perform his assigned duties on a boat that did not carry a life preserver, the connection between the city’s operation of the boat and the employee’s injuries was too attenuated to support a claim under this section. Marques v. Fitzgerald, 99 F.3d 1, 1996 U.S. App. LEXIS 27833 (1st Cir. 1996).

46-22-15.1. Operation of boat by nonresident as appointment of attorney to receive process.

Operation of a motorboat on the waters of this state by a nonresident person, his or her servant, or agent shall be deemed equivalent to an appointment by the nonresident of the secretary of state and the secretary’s successor in office, to be his or her true and lawful attorney, upon whom may be served all lawful processes in any action or proceeding against the nonresident, growing out of any accident or collision in which the nonresident, his or her servant, or agent, may be involved while operating a motorboat on the waters of this state, and that operation shall be a signification of the nonresident’s agreement that any such process against him or her, which is served as provided herein, shall be of the same force and validity as if served on him or her personally.

History of Section. P.L. 1961, ch. 54, § 1; P.L. 1965, ch. 134, § 1; P.L. 1970, ch. 317, § 1; P.L. 1985, ch. 370, § 1.

46-22-15.2. Service on nonresident.

Service of process as described in § 46-22-15.1 , shall be made by leaving a copy of the process with a fee of five dollars ($5.00) in the office of the secretary of state in the hands of the secretary or someone acting in the secretary’s stead and such service shall be sufficient service upon the nonresident; provided, that notice of the service and a copy of the process shall be forthwith sent by the plaintiff or his or her attorney by certified mail to the defendant at the address given upon the defendant’s application for a number, and the sender’s post office receipt of sending and the plaintiff’s or the plaintiff’s attorney’s affidavit of compliance herewith are appended to the process and entered with the declaration, or that the notice and a copy of the process are served upon the defendant by leaving the same in the defendant’s hands and possession by a duly constituted public officer qualified to serve civil process in the state or jurisdiction where the defendant is found, and that officer’s return showing the service to have been made at least fifteen (15) days before the return day of the process is appended to the process and entered with declaration. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.

History of Section. P.L. 1961, ch. 54, § 1; P.L. 1965, ch. 134, § 1; P.L. 1970, ch. 317, § 1; P.L. 1985, ch. 370, § 1; P.L. 1991, ch. 354, § 11.

46-22-15.3. Process fees as costs — Record of process.

The fee of five dollars ($5.00), paid by the plaintiff to the administrator of the division of motor vehicles at the time of the service shall be taxed in the plaintiff’s costs if he or she prevails in the suit. The administrator of the division of motor vehicles shall keep a record of all such process, which shall show the day and hour of service, and all fees so paid shall be paid over to the general treasurer.

History of Section. P.L. 1961, ch. 54, § 1; G.L. 1956, ch. 134, § 1.

46-22-16. Boat manufacturers and dealers.

The director is authorized to promulgate regulations governing the issuance of fourteen (14) day temporary numbers to be used by qualified manufacturers or dealers in transporting or demonstrating motorboats. The director may set rules qualifying dealers and manufacturers.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 5; P.L. 1985, ch. 370, § 1.

46-22-17. Enforcement.

The department of environmental management, harbormasters, assistant harbormasters, police officers authorized to make arrests, and employees of the department of environmental management, authorized to make arrests under the provisions of §§ 2-12-8 , 20-1-12 , and 20-1-15 , shall have the authority to enforce the provisions of this chapter and, in the exercise thereof, shall have the authority to stop and board any vessel subject to this chapter.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 7; P.L. 1983, ch. 107, § 5; 1984, ch. 171, § 1.

46-22-17.1. Enforcement power of employees of the department of environmental management.

  1. Employees of the department of environmental management, authorized to make arrests under the provisions of chapter 1 of title 20, shall, in connection with the enforcement of the provisions of this chapter, be deemed officers within the meaning of § 11-32-1 and shall have the power:
    1. To enforce all laws, rules, and regulations relating to this chapter;
    2. To execute all warrants and search warrants for the violation of laws, rules, and regulations relating to this chapter;
    3. To serve subpoenas issued for the trial of all offenses hereunder;
    4. To carry firearms or other weapons, concealed or otherwise, in the course of and in performance of their duties under this chapter; and
    5. To arrest, without warrant and on view, any person found violating any law, rule, or regulation relating to this chapter; 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 this chapter, committed within that district.
  2. Employees of the department of environmental management authorized to make arrests under the provisions of § 2-12-8 , shall, in connection with the enforcement of the provisions of this chapter and the rules and regulations made thereunder, have the power to arrest without a warrant any person found in the act of violating any provision of this chapter, and shall not be required to give surety for costs upon any complaint made by him or her.

History of Section. P.L. 1965, ch. 134, § 8.

46-22-17.2. Prosecution of violations.

The director of the department of environmental management and the director’s deputies and assistants may, by virtue of their respective offices, make complaints of any violations of this chapter, and they shall not be required, either jointly or individually, to give recognizance or to furnish surety for costs or be liable for costs on those complaints.

History of Section. P.L. 1965, ch. 134, § 8.

46-22-17.3. Refusal to stop on order or command.

It shall be a misdemeanor, punishable by a fine of not more than one hundred dollars ($100), for any person to refuse to move or stop on oral command or order of any employee of the department of environmental management in the exercise of the employee’s duties under this chapter. It shall likewise be a misdemeanor, punishable as aforesaid, for any person to refuse to move or stop on oral command of a harbormaster, assistant harbormaster, or police officer, operating from a patrol boat identified as such and exercising the duties lawfully assigned to him or her.

History of Section. P.L. 1965, ch. 134, § 8; P.L. 1970, ch. 209, § 1.

46-22-18. Funds.

All money collected under the provisions of this chapter shall be paid into a restricted receipt account of the department of environmental management to be made available and shall be allocated, distributed and used in amounts sufficient to fully fund:

  1. Expenses of the department of environmental management, incurred in the administration and enforcement of this chapter;
  2. Expenses of boating safety, boating safety services and programs, boating education, marine patrols, enforcement training programs, and promotion and publicity relating to boating and boating safety and equipment related to boating safety;
  3. Grants for the purpose set forth in subdivision (2) above;
  4. Maintenance and improvement of recreational, commercial and navigational facilities relating to boating safety; including, but not limited to, the installation, financing, improvement, and maintenance of aids to navigation, and support facilities; and
  5. Expenses incurred in cooperation with the government of the United States in boating and boating safety matters.
  6. To the extent otherwise authorized by the general laws, funding services to mariners.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 10; P.L. 1985, ch. 370, § 1; P.L. 1990, ch. 65, art. 24, § 2; P.L. 1991, ch. 44, art. 16, § 1; P.L. 1992, ch. 133, art. 16, § 1; P.L. 1993, ch. 138, art. 17, § 1; P.L. 1995, ch. 370, art. 40, § 161; P.L. 1998, ch. 31, art. 20, § 1; P.L. 2007, ch. 340, § 56.

46-22-19. Penalties.

In addition to any other penalties specified in this chapter:

  1. Any person who violates any provision of §§ 46-22-3 46-22-5 , 46-22-8 , 46-22-9.2 , 46-22-10 , and 46-22-13 , or who violates any rule or regulation made under the provisions of those sections shall be guilty of a civil violation and be subject to a fine not to exceed one hundred dollars ($100) for each violation. Jurisdiction over violations of this subsection shall be with the traffic tribunal. In accordance with chapter 42-17.10, any person charged with violating any rule or regulation made under the provisions of this subsection may elect to dispose of the charge without personally appearing before the traffic tribunal by mailing or delivering the form and summons to the traffic tribunal with a check or money order in the amount of one hundred dollars ($100).
  2. Any person who violates any provision of §§ 46-22-7 and 46-22-12 shall be guilty of a misdemeanor and shall be subject to a fine not to exceed two hundred dollars ($200) for each violation.
  3. Any person who violates any provision of §§ 46-22-9 and 46-22-9 .1 shall be guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000), or imprisonment not to exceed one year, or both for each violation.

History of Section. P.L. 1959, ch. 187, § 1; P.L. 1965, ch. 134, § 9; P.L. 1981, ch. 369, § 2; P.L. 1985, ch. 370, § 1; P.L. 1988, ch. 84, § 17; P.L. 1988, ch. 153, § 1; P.L. 1990, ch. 47, § 2; P.L. 1991, ch. 124, § 1; P.L. 2007, ch. 253, § 8; P.L. 2007, ch. 294, § 8.

Compiler’s Notes.

P.L. 2007, ch. 253, § 8, and P.L. 2007, ch. 294, § 8, enacted identical amendments to this section.

Effective Dates.

P.L. 2007, ch. 253, § 9, provides that this section takes effect on August 1, 2007.

P.L. 2007, ch. 294, § 9, provides that this section takes effect on August 1, 2007.

46-22-20. Severability.

The provisions of this chapter shall be severable and, if any of the provisions shall be held invalid, the decision of the court respecting that provision or provisions shall not affect the validity of any other provision which can be given effect without that invalid provision.

History of Section. P.L. 1959, ch. 187, § 1.

46-22-21. Reporting of accidents, casualty, vandalism, and thefts.

The operator or owner of a vessel on the waters of this state, involved, or whose vessel is involved, in an accident, casualty, vandalism, or theft in excess of two thousand dollars ($2,000), or other casualty which results in death or injury to a person, shall report the same, and immediately give notice of the incident to the department of environmental management or to a nearby office of local or state police. In the event the local or state police are notified, it shall be the duty of the officer receiving the notice to immediately give notice of the incident to the of department of environmental management. In the event the department of environmental management is notified, it shall be the duty of the employee of the department receiving the notice to give notice of the incident to the state and local police of the city or town wherein the incident occurred within twenty-four hours (24) hours in the following circumstances: thefts in excess of one hundred dollars ($100), or any accident which results in bodily injury or death to a person. In order to allow more complete investigations of theft, all motorboats manufactured after 1971, required to apply for numbering in § 46-22-3 , shall provide to the department of environmental management, at the time of their next annual application, the full hull identification number of the vessel. Homemade vessels may apply to the department for identification numbers. The director may promulgate regulations for the enforcement of this requirement.

History of Section. P.L. 1968, ch. 267, § 2; P.L. 1985, ch. 370, § 1; P.L. 1991, ch. 124, § 1; P.L. 2005, ch. 38, § 1; P.L. 2005, ch. 55, § 1.

Compiler’s Notes.

P.L. 2005, ch. 38, § 1, and P.L. 2005, ch. 55, § 1, enacted identical amendments to this section.

46-22-22. Owner required to make written reports.

The owner of a vessel involved in an accident, casualty, vandalism, or theft in excess of five hundred dollars ($500), shall, within five (5) days after the incident, forward a written report of the incident to the department of environmental management, on forms provided by the department.

History of Section. P.L. 1968, ch. 267, § 2; P.L. 1991, ch. 124, § 1.

46-22-23. Maximum speed within the city of Warwick.

The Warwick park and waterfront development commission is hereby authorized to establish maximum speed limits for boats in the public harbors of the city of Warwick at five (5) miles per hour. Any speed limits duly established by the commission, pursuant hereto, shall have the force and effect of law, and a violation thereof shall be a misdemeanor.

History of Section. P.L. 1970, ch. 209, § 2.

46-22-24. Scuba divers, skin diving, or snorkeling — Warning flags.

  1. Any person scuba diving, skin diving, or snorkeling in an area where power or motor boats are operated, shall place a warning flag on a buoy at a place of his or her submergence, the flag to be at least twelve by twelve inches (12" X 12") with a white stripe running from the diagonal corners which stripe shall be one quarter (1/4) as wide as the flag, or conspicuously flown upon a boat which he or she is then using in the area, in which case the flag shall be at least eighteen by eighteen inches (18" X 18") and with a white stripe running from one upper corner to a diagonal lower corner, which stripe shall be one quarter (1/4) as wide as the flag itself. The flag shall be in place only while diving operations are in progress and, during the hours between sunset and sunrise, this flag shall be illuminated by a light shining on the flag. Motorboats shall not be operated within fifty feet (50´) of any flag as above described. No person shall be in violation of this section if he or she travels within fifty feet (50´) of a scuba diver or snorkeler who is in fact obstructing navigation.
  2. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than fifty dollars ($50.00).
  3. However, any person using the above scuba diving, snorkel diving, or skin diving flag with the intention of obstructing navigation shall be guilty of a misdemeanor and shall also be subject to a fine of not more than fifty dollars ($50.00).

History of Section. P.L. 1973, ch. 112, § 1; P.L. 1974, ch. 233, § 1; P.L. 1978, ch. 186, § 2.

46-22-25. Regulations.

The director is authorized to promulgate rules and regulations necessary for the enforcement or implementation of this chapter.

History of Section. P.L. 1985, ch. 370, § 1.

46-22-26. Severability.

If any provision of this chapter, or the application thereof to any person or circumstances, shall be held invalid, any invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.

History of Section. P.L. 1990, ch. 65, art. 24, § 8.

Chapter 22.1 Uniform Boat Title Act

46-22.1-1. Short title.

This chapter may be cited as the “Uniform Boat Titling Act”.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-2. Definitions.

As used in this chapter, the following words have the meanings indicated:

  1. “Amphibious vehicle”  means a vehicle which may be propelled both on water and land.
  2. “Certificate”  means any certificate of title issued.
  3. “Dealer”  means any person who engages in whole or in part in the business of buying, selling, or exchanging new and unused vessels, or used vessels, or both, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for the sale, trade, and display of vessels. A yacht broker is a dealer.
  4. “Department”  means the department of environment management.
  5. “Director”  means the director of the department of environmental management.
  6. “Documentation papers”  means those papers issued to a documented vessel by the United States Coast Guard or any federal agency successor thereto.
  7. “Documented vessel”  means a vessel which has valid documentation papers issued by the United States Coast Guard or any federal agency successor thereto.
  8. “Homemade vessel”  means any vessel built after October 31, 1972 for which a federal identification number is not required to be assigned to it by the manufacturer pursuant to federal law, or any vessel constructed or assembled prior to November 1, 1972, by other than a licensed manufacturer for his or her own use or the use of a specific person. In no event shall a rebuilt or reconstructed vessel be construed to be a homemade vessel.
  9. “Lien holder”  means a person holding a security interest.
  10. “Manufactured vessel”  means any vessel built after October 31, 1972, for which a federal identification number is required pursuant to federal law, or any vessel constructed or assembled prior to November 1, 1972, by a duly licensed manufacturer.
  11. “Manufacturer”  means any person engaged in the business of manufacturing or importing new and unused vessels for the purpose of sales or trade.
  12. “Manufacturer’s Statement of Origin, (M.S.O.)”  means the original written instrument or document required to be executed and delivered by the manufacturer to his or her agent or a dealer, or a person purchasing a vessel directly from the manufacturer, certifying the origin of the vessel or hull.
  13. “Master Carpenter’s Certificate, (M.C.C.)”  means the certificate issued by a carpenter who builds wooden vessels for sale or resale.
  14. “Operating”  means to navigate or otherwise use a vessel.
  15. “Operator”  means the person who operates or has charge of the navigation or use of a vessel.
  16. “Owner”  means a person, other than a lienholder, having a property interest in or title to a vessel. The term includes a person entitled to use or have possession of a vessel subject to an interest in another person, reserved, or created by agreement and securing payment or performance of an obligation, but it does not include a lessee under a lease not intended as security.
  17. “Proceeds”  means and includes whatever is received when collateral or proceeds is sold, exchanged, collected, or otherwise disposed of. The term also includes the account arising when the right to payment is earned under a contract right. Money, checks, and the like are cash “proceeds”. All other proceeds are “noncash proceeds”.
  18. “Security interest”  means an interest which is reserved or created by an agreement which secures payment or performance of an obligation, and is valid against third parties generally.
  19. “Ship’s lifeboat”  means a lifeboat used solely for lifesaving purposes. This term does not include dinghies, tenders, speedboats, or other types of craft, whether or not carried aboard a vessel, where the dinghies, tenders, speedboats, or other types of craft are not used solely for lifesaving purposes.
  20. “State”  means the state of Rhode Island.
  21. “State of principal use”  means the state on whose waters a vessel is used or to be used most during a calendar year.
  22. “Use”  means to operate, navigate, or employ a vessel. A vessel is in use whenever it is upon the water.
  23. “Vessel”  means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water.
  24. “Waters of the state”  means any water within the jurisdiction of the state, the marginal sea adjacent to the state, and the high seas when navigated as part of a ride or journey to or from the shore of the state.
  25. “Z Hull identification number”  means a hull identification number which is assigned to a homemade vessel by the department of environmental management. The number shall consist of twelve (12) characters with the first three (3) characters being the letters   “R.I.Z.”, which will identify the hull number as being issued by the state of Rhode Island.

History of Section. P.L. 1988, ch. 551, § 1.

46-22.1-3. Owner’s certificate of title.

  1. Except as provided in subsections (b) and (e), any owner of a vessel principally used on the waters of this state shall apply to the department for a certificate of title for the vessel.
  2. A certificate of title shall not be required under this chapter for any vessel that is:
    1. A ship’s lifeboat; or
    2. A non-motorized inflatable vessel, surfboard, racing shell, rowing scull, or tender for direct transportation between a vessel and the shore, where the vessel is used solely for direct transportation between a vessel and the shore; or
    3. A documented vessel or vessels fourteen feet (14´) or less.
  3. Each certificate of title shall contain the title number, the name of the vessel manufacturer, model year, hull identification number, the registration number, hull material, propulsion, fuel type, use of vessel length, audit number, as well as name and address of the registered owner, date of issue of the certificate of title, first lien holder, if any, date and amount of lien, second lien holder, if any, date and amount of lien, and any evidence of first and second lien satisfaction with signature and title of agent, as well as notary public seal and any other information as required by the director. Certificates of title shall be issued on forms prescribed by the department.
  4. The department may not issue or renew a certificate of number to any vessel required to be registered and numbered in this state, unless the owner of the vessel has a valid certificate of title.
  5. A person who, on January 1, 1989, is the owner of a vessel with a valid certificate of number issued by this state is not required to file an application for a certificate of title for the vessel until he or she transfers any part of his or her interest in the vessel or renews the certificate of number for the vessel.
  6. Every owner of a vessel subject to titling under the provisions of this chapter shall apply to the department for the issuance of a certificate of title for the vessel within thirty (30) days after taking possession of a vessel. The application shall be on forms the department prescribes, and be accompanied by the required fee. The application shall be signed and sworn to before a notary public and contain a certification signed in writing, representing that statements made on the application are true and correct to the best of the applicant’s knowledge, information, and belief, under penalty of perjury. The application shall contain the date of sale and gross purchase price of the vessel or the fair market value, if no sale immediately proceeded the transfer, and any additional information the department requires. If the application is made for a vessel last previously registered or titled in another state or foreign country, the application shall contain the information set forth above and any other the department may require.
  7. If a dealer buys or acquires a used numbered vessel for resale, he or she shall report the acquisition to the department on forms the department provides, or he or she may apply for and obtain a certificate of title as provided in this chapter. If a dealer buys or acquires a used unnumbered vessel, he or she shall apply for a certificate of title in his or her name within fifteen (15) days. If a dealer buys or acquires a new vessel for resale, he or she may apply for a certificate of title in his or her name, but is not required to do so.
  8. Every dealer transferring a vessel requiring titling under this chapter shall assign the title to the new owner if the dealer is required under subsection (g) to obtain a title, or, in the case of a new vessel, assign the manufacturer’s statement of origin. In the event the dealer accepts an application for title certificate and accompanying fee from the purchaser of a vessel, the dealer shall forward the required fee and application to the department within fifteen (15) days of the receipt of the application and fee.
  9. The department shall maintain a record of any certificate of title it issued.
  10. No person may sell, assign, or transfer a vessel titled by the state without delivering to the purchaser or transferee a certificate of title with an assignment on it showing title in the purchaser or transferee. No person may purchase or otherwise acquire a vessel required to be titled by the state without obtaining a certificate of title for it in his or her name.

History of Section. P.L. 1988, ch. 555, § 1; P.L. 1992, ch. 133, art. 16, § 3.

46-22.1-3.1. Registration without certificate of title.

If an applicant is unable to provide a valid certificate of title for a vessel required to be titled under the provisions of this chapter then:

  1. As a condition of issuing a certificate of title, the department may accept a surety bond, in an amount equal to the value of the boat, which shall be conditioned to protect the department and all officers and employees of the department, any subsequent purchaser of the boat, any person holding or acquiring a lien or security interest on the boat, and any successor in interest of said purchaser or person, against any loss or damage on account of any defect in or undisclosed claim upon the right, title and interest of the applicant or other person in and to the boat. Any aforementioned interested person shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire no later than three (3) years after the date it became effective.
  2. In the alternative, an applicant may apply to the superior court for a hearing to determine the title to the vessel. The superior court shall require advertisement once a week for two (2) consecutive weeks in a paper of statewide circulation, and notice by certified mail return receipt requested to: (i) the department of environmental management; and (ii) any and all registered owners, title or lien holders, at their last known address, at least ten (10) days prior to the hearing date, together with any other provisions for notice the court may require. The burden shall be on the applicant to demonstrate ownership of the boat to the court, by a preponderance of the evidence, prior to the issuance of the title. After a hearing, the superior court shall issue an appropriate order. The superior court may order the department to title the vessel in the name of the applicant. Said order issued by the court shall protect the department, all officers and employees of the department, any subsequent purchaser of the boat, any person holding or acquiring a lien or security interest on the boat, and any successor in interest of said purchaser or person against any loss or damage on account of any defect in or undisclosed claim upon the right, title and interest of the applicant or other person in and to the boat.

History of Section. P.L. 2004, ch. 33, § 1; P.L. 2004, ch. 61, § 1.

46-22.1-4. Fees — Duplicates.

  1. The department shall charge a twenty-five ($25.00) fee to issue a certificate of title, and a five dollar ($5.00) fee to transfer a title, or issue a corrected and duplicate certificate of title. A fifteen dollar ($15.00) late fee shall be charged to any owner not timely filing an application for a title certificate under § 46-22.1-3 .
  2. If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lien holder or, if there is none, the owner named in the certificate, as shown by the departments’ records shall, within thirty (30) days, obtain a duplicate by applying to the department. The applicant shall furnish information concerning the original certificate and the circumstances of its loss, disappearance, mutilation, or destruction as the department may require. Mutilated or illegible certificates shall be returned to the department with the application for a duplicate and required fee.
  3. The duplicate certificate of title shall be marked plainly   “duplicate” across the face, and may be mailed or delivered to the applicant.
  4. If a lost or stolen original certificate of title for which a duplicate has been issued is recovered, the original shall be surrendered promptly to the department for cancellation.

History of Section. P.L. 1988, ch. 555, § 1; P.L. 2004, ch. 595, art. 33, § 9.

46-22.1-5. Obtaining manufacturer’s or importer’s statement of origin.

A manufacturer or dealer may not transfer ownership of a new vessel without supplying the transferee with the manufacturer’s or importer’s statement of origin signed by the manufacturer’s or importer’s authorized agent. The certificate shall contain such information as the department may require.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-6. Hull identification number of vessel.

  1. Every vessel whose construction began after October 31, 1972 shall have a hull identification number assigned and affixed as required by the federal Boat Safety Act of 1971, 46 U.S.C. § 1451 et seq. The department shall determine the procedures for application and issuance of the hull identification number for homemade boats.
  2. A person may not destroy, remove, alter, cover, deface, or mutilate the manufacturer’s hull identification number, the plate bearing it, or any hull identification number the department assigns to any vessel without the departments’ permission.
  3. A vessel owner who is assigned a   “R.I.Z.” hull identification number for his or her homemade boat must permanently affix the number to his or her vessel. He or she shall carve, burn, stamp, emboss, mold, bond, or otherwise permanently affix the number to the exterior starboard side of the transon, and place the number at a second location known only to him or her. The number shall be no less than one-quarter (1/4) of an inch high.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-7. Dealer’s record of vessels bought, sold, or transferred.

Every dealer shall maintain for three (3) years a record of any vessel he or she bought, sold, exchanged, or received for sale or exchange. These records shall be open to inspection by the department representatives and agents, during reasonable business hours.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-8. Transfer or repossession of vessel by operation of law.

If ownership of a vessel is transferred by operation of law, such as by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within thirty (30) days after he or she has acquired the right to possession of the vessel by operation of law, shall mail or deliver to the department satisfactory proof of his or her ownership as the department requires together with an application for a new or transfer certificate of title, and the required fee.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-8.1. Transfer of title by intestate succession.

  1. Unless otherwise provided in the last will and testament of a decedent, any vessel(s) owned by the decedent shall belong, and title to the vessel(s) shall pass, to the surviving spouse.
  2. The assistant director for the department of environmental management shall register the vessel(s) in the name of the surviving spouse upon presentation of the death certificate and registration of the vessel(s) of the decedent to the department of environmental management.

History of Section. P.L. 2001, ch. 222, § 1.

46-22.1-9. Security interest in vessels — Exemptions.

Sections 46-22.1-10 46-22.1-17 do not apply to or affect:

  1. A lien given by statute or rule of law to a supplier of services or materials for the vessel;
  2. A lien given by statute to the United States, this state, or any political subdivision of this state;
  3. A security interest in a vessel created by a manufacturer or dealer who holds the vessel for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest;
  4. Any lien arising out of an attachment of a vessel;
  5. Any security interest claimed on proceeds, as defined in subdivision (2), if the original security interest did not have to be noted on the certificate of title in order to be perfected; or
  6. Any vessel for which a certificate of title is not required under this chapter.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-10. Perfection generally.

  1. Unless excepted by § 46-22.1-9 , a security interest in a vessel is not valid against creditors of the owners or subsequent transferees or secured parties of the vessel unless perfected as provided under §§ 46-22.1-10 46-22.1-17 .
  2. A security interest is perfected by the delivery to the department of the existing certificate of title, if any, or if there is no certificate of title, an application for certificate of title on a form provided and approved by the department containing information regarding the security interest, and upon payment of a filing fee of fifteen dollars ($15.00).
  3. If a vessel is already subject to a security interest when it is brought into this state, the validity of the security interest in this state is to be determined by the law (including conflict of law rules) of the jurisdiction where the vessel was when the security interest attached, subject to the following:
    1. If the parties to the transaction understood at the time the security interest attached to that the vessel would be kept in this state, and it was brought into this state within thirty (30) days after the security interest attached for a purpose other than transportation through this state, the validity of the security interest in this state is to be determined by the law of this state.
    2. If the security interest was already affected under the laws of the jurisdiction where the vessel was when the security interest attached and before being brought into this state:
      1. If the name of the secured party is shown on an existing certificate of title issued by that jurisdiction or the security interest continues perfected in this state;
      2. If the name of the secured party is not shown on the existing certificate of title issued by that jurisdiction, and if the law of that jurisdiction does not provide for a certificate of title disclosing security interests, the security interest continues perfected in this state for four (4) months, and thereafter, if within the four (4) month period it is perfected in this state. This security interest may also be perfected in this state after the expiration of the four (4) month period in which case perfection dates from the time of perfection in this state; or
      3. If the security interest was not perfected under the law of the jurisdiction in which the vessel was when the security interest attached before being brought into this state, it may be perfected in this state; in which case perfection dates from the time of perfection in this state.

History of Section. P.L. 1988, ch. 555, § 1; P.L. 2000, ch. 182, § 12; P.L. 2000, ch. 420, § 12.

46-22.1-11. Execution of application — Time when perfected — Endorsement of certificate.

If an owner creates a security interest in a vessel:

  1. The owner immediately shall:
    1. Execute the space provided on the certificate of title or a separate form the department prescribes, naming the secured party on the certificate of title showing the name and address of the secured party, the amount of the security interest, and the date of the security agreement, and
    2. Cause the certificate of title and application to be delivered to the department.
  2. At the time of delivery of the documents described in subdivision (1) of this section to the department, the secured party shall pay to the department a filing fee as required for perfection of the security interest under § 46-22.1-10(b) .
  3. Upon receipt of the certificate of title, application, and the required filing fee, the department shall endorse on the existing certificate of title or on a new certificate which it then issues, the name and address of all secured parties, and mail or deliver the certificate of title to the secured party.

History of Section. P.L. 1988, ch. 555, § 1; P.L. 2000, ch. 182, § 12; P.L. 2000, ch. 420, § 12.

46-22.1-12. Assignability.

  1. A secured party may assign, absolutely or otherwise, all or part of a security interest in the vessel to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest, and the secured party remains liable for any obligations as secured party until the assignee is named as secured party on the certificate of title.
  2. The assignee shall deliver to the department the certificate of title if available and an assignment by the secured party named in the certificate of title in the form the department may prescribe, accompanied by a filing fee as required for perfection of the security interest under § 46-22.1-10(b) . The assignee’s security interest is perfected as of the time of its creation if delivery and payment to the department are completed within ten (10) days of the date of its creation, otherwise perfection is as of the time of its delivery and payment.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-13. Relief upon satisfaction.

  1. Upon the satisfaction of a security interest in a vessel, the secured party shall securely attach to the certificate of title a release of security interest, in whatever form as may be prescribed by or acceptable to the department and shall within fifteen (15) days mail or deliver the certificate of title with attached release to the owner and a copy of the release to the department. Upon receipt, the department shall update its records to reflect the release. Upon request of the owner and the receipt by the department of the certificate of title with attached release, the department may issue a new certificate of title to the owner upon receipt of a fee of five dollars ($5.00).
  2. If the department determines, after a hearing and following due notice to all interested parties, that an indebtedness does not constitute a security interest, it shall release the indebtedness upon the certificate of title or issue a new certificate of title, and mail or deliver the certificate of title to the owner. Any person aggrieved by the decision of the department may file an appeal in accordance with the provisions of the Administrative Procedure Act, chapter 35 of title 42.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-14. Adoption of rules and regulations.

The department shall adopt the necessary rules and regulations to implement the provision of §§ 46-22.1-3 46-22.1-17 . The department shall further adopt the substantive provisions of the federal Boat Safety Act of 1971, 46 U.S.C. § 1451 et seq., as well as the rules and regulations of the Coast Guard concerning hull identification numbers adopted in August of 1984.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-15. Disclosure of information.

A secured party named in a certificate of title, on written request of the owner, shall disclose to the owner any pertinent information as to the security agreement and indebtedness secured by it in accordance with the commercial laws or articles of the state.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-16. Exclusive method.

The method provided in §§ 46-22.1-10 46-22.1-16 of perfecting and giving notice of security interest shall be exclusive.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-17. Forms and investigations.

  1. The department shall prescribe and provide suitable forms of applications, certificate of title, notices of security interest, and all other notices and forms necessary to carry out §§ 46-22.1-3 46-22.1-17 .
  2. The department may make any investigation it deems necessary to procure information required to carry out §§ 46-22.1-3 46-22.1-17 .

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-18. Offenses relating to this chapter — Penalties.

  1. No person shall operate a vessel on the waters of this state for which a certificate of title is required, without having the certificate of title.
  2. No person shall fail to surrender or otherwise dispose of a vessel for which a certificate of title is required without delivering to the purchaser or transferee a certificate of title, or a manufacturer’s or importer’s statement of origin, or master carpenter’s certificate as required by this chapter.
  3. No person shall fail to surrender to the department any certificate of title upon cancellation of the certificate of title by the department for any valid reason set forth in this chapter or regulations adopted pursuant thereto.
  4. No person shall steal, mutilate, destroy, alter, forge, counterfeit, or falsify any certificate of title or a manufacturer’s statement of origin or importer’s or master carpenter’s certificate to a vessel.
  5. No person shall alter or falsify any assignment of a certificate of title, or an assignment or cancellation of a security interest on a certificate of title to a vessel.
  6. No person shall hold or use a certificate of title to a vessel nor hold assignment or cancellation of a security interest on a certificate of title to a vessel knowing the certificate of title to have been stolen, mutilated, destroyed, altered, forged, counterfeit, or falsified.
  7. No person shall use a false or fictitious name or address, or make any material false statement, or conceal any material fact in an application for a certificate of title, or in a bill of sale or sworn statement.
  8. No person shall procure or attempt to procure a certificate of title to a vessel, or pass or attempt to pass a certificate of title or any assignment thereof to a vessel knowing or having knowledge or having reason to believe that the vessel has been stolen.
  9. No person shall have possession of, buy, receive, sell, or offer for sale, or otherwise dispose of a vessel on which the manufacturer’s or assigned hull identification number has been removed, destroyed, covered, altered, or defaced, knowing of the destruction, removal, covering, alteration or defacement.
  10. No person shall destroy, remove, cover, alter or deface the manufacturer’s or assigned hull identification number on any vessel.
  11. No person shall possess, buy, sell, exchange or give away the certificate of title to a vessel which is abandoned, junked, salvaged, or destroyed.
  12. Any person who applies for a certificate of title for a homemade vessel, and who is assigned a state assigned hull identification number to the vessel shall permanently affix the number in accordance with this chapter and/or regulations under the federal Boat Safety Act of 1971, 46 U.S.C. § 1451 et seq. Failure of the vessel owner to affix the state assigned hull number to his or her vessel shall be a violation of this chapter.
  13. Penalties.  Any person convicted of violating any provision of this section shall be guilty of a misdemeanor and subject to a fine of up to five hundred dollars ($500), and/or a sentence of one year imprisonment, or both.

History of Section. P.L. 1988, ch. 555, § 1.

46-22.1-19. Severability.

If any provision of this chapter or of any rule, regulation, or order made thereunder, or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of the provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of this chapter, and it is hereby declared to be the legislative intent that this chapter would have been enacted if the parts had not been included therein.

History of Section. P.L. 1988, ch. 555, § 1.

Chapter 22.2 Alcohol Boating Safety Act

46-22.2-1. Short title.

This chapter shall be known as “The Alcohol Boating Safety Act”.

History of Section. P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1.

46-22.2-2. Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

  1. “Chemical test” means an analysis of a person’s blood, breath, urine, or other bodily substance for the determination of the presence of alcohol or a controlled substance.
  2. “Controlled substance” means a drug, substance, or immediate precursor in schedules I-V of chapter 28 of title 21. The term shall not include distilled spirits, wine, or malt beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.
  3. “Intoxicated” means under the influence of alcohol, a controlled substance, any drug other than alcohol or a controlled substance, or any combination of alcohol, controlled substance, or drugs, so that there is impaired thought and action and loss of normal control of a person’s faculties to such an extent as to endanger any person.
  4. “Law enfordement officer” means an employee, the duties of whose position include investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the state and includes environmental police officers employed by the department of environmental management.
  5. “Prima facie evidence of intoxication” includes evidence that at the time of an alleged violation there was eight hundredths of one percent (.08%), or more, by weight of alcohol in the person’s blood if twenty-one (21) years of age or older or two hundredths of one percent (.02%) or more by weight of alcohol in the person’s blood if under the age of twenty-one (21).
  6. “Relevant evidence” includes evidence that at the time of the alleged violation there was at least five hundredths of one percent (.05%) but less than eight hundredths of one percent (.08%) by weight of alcohol in the person’s blood if twenty-one (21) years of age or older or two hundredths of one percent (.02%) or more by weight of alcohol in the person’s blood if under the age of twenty-one (21).
  7. “Watercraft” means a device for transportation by water.
  8. “Serious bodily injury” means physical injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
  9. “Blood alcohol level” means the percent by weight of alcohol in a person’s blood, based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood.
  10. “Operator” means the person who is steering a watercraft as it is underway.
  11. “Underway” means that a watercraft is not at anchor or made fast to shore or ground.

History of Section. P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1; P.L. 2001, ch. 131, § 2; P.L. 2001, ch. 161, § 2; P.L. 2008, ch. 103, § 1; P.L. 2009, ch. 250, § 1.

46-22.2-3. Violations by intoxicated watercraft operators.

  1. Any person who operates or otherwise drives any watercraft in waters over which this state has jurisdiction while intoxicated or after he or she has been ordered not to operate a watercraft under the provisions of this chapter, shall be guilty of a civil violation, a misdemeanor or a felony and punished as set forth in this section.
  2. Any person who operates any watercraft in waters over which this state has jurisdiction while intoxicated and while so operating causes the death or serious bodily injury to another person shall be guilty of a felony and shall be punished in accordance with subdivision (f)(2) of this section.
    1. Any person charged under subsection (a) whose blood alcohol level is eight one-hundredths of one percent (.08%) or more by weight as shown by a chemical test of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance or any combination thereof, to a degree which rendered such person incapable of safely operating a watercraft. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
    2. Any person who operates or otherwise drives any watercraft in waters over which this state has jurisdiction with a blood presence of any controlled substance, as shown by a chemical test of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subdivisions (d)(2) and (e)(1) of this section, or, for a third or subsequent violation of this subsection, shall be guilty of a felony and shall be punished as provided in subdivision (f)(1) of this section.
    1. Every person convicted of a first violation of subdivision (c)(1) of this section whose blood alcohol level is eight one-hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight shall be found to have committed a civil violation and may be subject to a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), may be required to perform ten (10) to sixty (60) hours of public community restitution, may be required to attend a department of environmental management endorsed boating safety course, and his or her right to operate a watercraft shall be suspended for up to forty-five (45) days.
    2. Every person convicted of a first violation of subdivision (c)(1) of this section whose blood alcohol level is one-tenth of one percent (.1%) but less than fifteen hundredths of one percent (.15%) by weight, or whose blood alcohol level is unknown, or who has been convicted of a first violation of subdivision (c)(2) of this section shall be guilty of a misdemeanor and shall be subject to a mandatory fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person’s right to operate a watercraft shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a department of environmental management endorsed boating safety course, and/or alcoholic or drug treatment for the individual.
    3. Every person convicted of a first violation of subdivision (c)(1) of this section whose blood alcohol level is fifteen hundredths of one percent (.15%) or more by weight, or who is under the influence of a drug, toluene or any controlled substance, shall be guilty of a misdemeanor and shall be subject to a mandatory fine of five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person’s right to operate a watercraft shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a department of environmental management endorsed boating safety course, and/or alcohol or drug treatment for the individual.
    1. Every person convicted of a second violation of subdivision (c)(1) of this section within a five (5) year period whose blood alcohol level is eight one-hundredths of one percent (.08%) but less than fifteen hundredths of one percent (.15%) by weight, or whose blood alcohol level is unknown, or who is convicted of a second violation of subdivision (c)(2) of this section regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the boating under the influence of liquor or drugs statute of any other state, shall be guilty of a misdemeanor and shall be subject to a mandatory fine of four hundred dollars ($400). The person’s right to operate a watercraft shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge may require alcohol or drug treatment for the individual.
    2. Every person convicted of a second violation of subdivision (c)(1) of this section within a five (5) year period whose blood alcohol level is fifteen hundredths of one percent (.15%) or more by weight, or who is under the influence of a drug, toluene, or any controlled substance, regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the boating under the influence of liquor or drugs statute of any other state, shall be guilty of a misdemeanor and shall be subject to mandatory imprisonment of not less than six (6) months nor more than one year, a mandatory fine of not less than one thousand dollars ($1,000), and a mandatory suspension of that person’s right to operate a watercraft for a period of two (2) years from the date of completion of the sentence imposed under this subsection. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge may require alcohol or drug treatment for the individual.
    1. Every person convicted of a third or subsequent violation of subdivision (c)(1) of this section within a five (5) year period whose blood alcohol level is eight one hundredths of one percent (.08%) but less than fifteen hundredths of one percent (.15%) by weight, or whose blood alcohol level is unknown, or who is convicted of a third or subsequent violation of subdivision (c)(2) of this section, regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the boating under the influence of liquor or drugs statute of any other state shall be guilty of a felony and be subject to a mandatory fine of four hundred dollars ($400). The person’s right to operate a watercraft shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year and not more than three (3) years in jail. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual.
    2. Every person convicted of a third or subsequent violation of subdivision (c)(1) of this section within a five (5) year period whose blood alcohol level is fifteen hundredths of one percent (.15%) or more by weight or who is under the influence of a drug, toluene, or any controlled substance, regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the boating under the influence of liquor or drugs statute of any other state, or who is convicted of a violation of subsection (b) of this section, shall be guilty of a felony and shall be subject to mandatory imprisonment of not less than three (3) years nor more than five (5) years, a mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) and a mandatory suspension of that person’s right to operate a watercraft for a period of three (3) years from the date of completion of the sentence imposed under this subsection. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual.
    3. In addition to the foregoing penalties, every person convicted of a third or subsequent violation of subdivision (c)(1) of this section within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the boating under the influence of liquor or drugs statute of any other state shall be subject, in the discretion of the sentencing judge, to having the watercraft owned and operated by a violator seized and sold by the state of Rhode Island, with all funds obtained thereby to be transferred to the general fund.
  3. Any person over the age of eighteen (18) who is convicted under this section for operating or otherwise driving any watercraft in waters over which the state has jurisdiction while under the influence of alcohol, a drug, toluene or any controlled substance, while a child under the age of thirteen (13) was present as a passenger in the watercraft when the offense was committed, may be sentenced to a term of imprisonment of not more than one year and further shall not be entitled to the benefit of suspension or deferment of this sentence. The sentence imposed under this subsection may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
  4. In addition to any other fines, any person convicted of a violation under this section shall pay a boating safety assessment fine of five hundred dollars ($500), which shall be deposited into the general fund. The assessment fine provided for by this subsection shall be collected from a violator before any other fines authorized by this section.
  5. Any person who operates or otherwise drives any watercraft in waters over which this state has jurisdiction after he or she has been ordered not to operate a watercraft under the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to a fine of at least four hundred dollars ($400), shall be required to perform thirty (30) to sixty (60) hours of public community restitution, and/or shall be imprisoned for up to one year. The person’s right to operate a watercraft shall be suspended for an additional period of one to two (2) years.
    1. If the person convicted of violating this section is under the age of eighteen (18) years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of public community restitution, and the juvenile’s right to operate a watercraft shall be suspended for a period of forty-five (45) days, and may be suspended for a period of up to six (6) months. The sentencing judge shall also require attendance at a department of environmental management endorsed boating safety course, and substance and alcohol or drug education and/or treatment for the juvenile.
    2. If the person convicted of violating this section is under the age of eighteen (18) years, for a second or subsequent violation, regardless of whether any prior violation and subsequent conviction was a violation and subsequent under this statute or under the boating under the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory suspension of his or her right to operate a watercraft until such time as he or she is twenty-one (21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training school for a period of not more than one year and/or a fine of not more than five hundred dollars ($500).
  6. Jurisdiction for violations of this section shall be with the district court for persons eighteen (18) years of age or older and to the family court for persons under the age of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to order the suspension of the right to operate watercraft for violations of this section. All trials in the district court and family court of violations of the section shall be scheduled within thirty (30) days of the arraignment date. No continuance or postponement shall be granted except for good cause shown. Any continuances that are necessary shall be granted for the shortest practicable time. Trials in superior court are not required to be scheduled within thirty (30) days of the arraignment date.
  7. No fines, suspensions, assessments, alcohol or drug treatment programs, boating safety course, public community restitution or jail provided for under this section can be suspended.

History of Section. P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1; P.L. 1994, ch. 257, § 1; P.L. 2001, ch. 131, § 2; P.L. 2001, ch. 161, § 2; P.L. 2008, ch. 103, § 1.

46-22.2-3.1. Additional penalties for underage offenders.

If not otherwise subject to a penalty for violations of this chapter contained in § 46-22.2-3 , any watercraft operator under the age of twenty-one (21) years of age who violates any provision of this chapter may be assessed the following additional penalties:

  1. Suspension of motor vehicle operator’s license for one year;
  2. Suspension of the right to operate a watercraft for an additional period of three (3) months to six (6) months;
  3. Suspension of owner’s/operator’s registration of the watercraft that was being operated at the time of this chapter’s violation.

History of Section. P.L. 2009, ch. 250, § 2.

46-22.2-4. Repealed.

Repealed Sections.

This section (P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1; P.L. 1994, ch. 257, § 1), concerning additional penalties for violators, was repealed by P.L. 2001, ch. 131, § 1, and by P.L. 2001, ch. 161, § 1, effective July 9, 2001, and July 10, 2001, respectively. For present similar provisions, see § 46-22.2-3 .

46-22.2-5. Chemical tests for intoxication.

  1. Any person who operates a watercraft in waters over which this state has jurisdiction impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a watercraft in this state.
  2. A law enforcement officer having probable cause to believe that a person has committed an offense under this chapter shall offer the person the opportunity to submit to a chemical test. It is not necessary for the law enforcement officer to offer a chemical test to an unconscious person. A law enforcement officer may offer a person more than one chemical test under this chapter. However, all tests must be administered within three (3) hours after the officer had probable cause to believe the person violated this chapter. A person must submit to each chemical test offered by a law enforcement officer in order to comply with the implied consent provisions of this chapter.
  3. If the chemical test results in relevant evidence, as defined in § 46-22.2-2(6) that the person is intoxicated, he or she may be arrested for an offense under this chapter. If the chemical test results in prima facie evidence as defined in § 46-22.2-2(5) that the person is intoxicated, he or she shall be arrested for an offense under this chapter.
  4. Any person who refuses to submit to a chemical test may be arrested for an offense under this chapter.
  5. At any proceeding under this chapter, a person’s refusal to submit to a chemical test is inadmissible into evidence as to intoxication, but may be used as evidence of refusal.
  6. The provisions of § 31-27-2 concerning the certification and use of chemical breath tests apply to the use of such tests in a prosecution under this chapter.
  7. For the purposes of this section, any test of a sample of blood, breath or urine for the presence of alcohol, which relies in whole or in part upon the principal of infrared light absorption, is considered a chemical test.
  8. If a person for religious or medical reasons cannot be subjected to blood tests, and the person has filed an affidavit with the division of motor vehicles stating the reasons why he or she cannot be required to take blood tests, and a notation to that effect has been made on his or her license, and the license is presented to the law enforcement officer, the person, if asked to submit to chemical tests as provided under this chapter, shall only be required to submit to chemical tests of his or her urine. When a person is requested to submit to blood tests, only a physician or registered nurse or a medical technician certified under regulations promulgated by the director of the department of health may withdraw blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to have a physician of his or her choosing and at his or her own expense administer chemical tests of his or her breath, blood and/or urine in addition to the tests administered at the discretion of a law enforcement officer.
    1. If a person having been placed under arrest pursuant to this chapter refuses upon the request of a law enforcement officer to submit to a chemical test under this chapter, none shall be given, but a sentencing judge, upon receipt of a report of a law enforcement officer: that he or she had reasonable grounds to believe the arrested person had been operating or otherwise driving a watercraft in waters over which this state has jurisdiction while under the influence of intoxicating liquor, toluene, or any controlled substance, or any combination of these; that the person had been informed of his or her rights; that the person had been informed of the penalties incurred as a result of noncompliance with this section; and that the person had refused to submit to the test upon the request of a law enforcement officer; shall order as follows:
    1. Impose for the first violation a fine of not less than three hundred dollars ($300) and order the person to perform ten (10) to sixty (60) hours of public community restitution. In addition, the person’s right to operate a watercraft shall be suspended for a period of one year. In addition, the sentencing judge may require the person to attend a department of environmental management endorsed boating safety course, and/or receive alcohol or drug treatment.
    2. Every person convicted of a second violation within a five (5) year period shall be guilty of a misdemeanor, shall be imprisoned for not more than six (6) months, and shall pay a fine of not less than six hundred dollars ($600). In addition, the person’s right to operate a watercraft shall be suspended for a period of two (2) years. In addition, the sentencing judge may require the person to receive alcohol or drug treatment.
    3. Every person convicted of a third or subsequent violation within a five (5) year period shall be guilty of a misdemeanor, shall be imprisoned for not more than one year, and shall pay a fine of not less than one thousand dollars ($1,000). In addition, the person’s right to operate a watercraft shall be suspended for a period of three (3) years. In addition, the sentencing judge may require the person to receive alcohol or drug treatment.

      (j) Jurisdiction for violations of this section shall be with the district court for persons eighteen (18) years of age or older and to the family court for persons under the age of eighteen (18) years. The court shall have full authority to impose any sentence authorized and to order the suspension of the right to operate watercraft for violations of this section. All trials in the district court and family court of violations of the section shall be scheduled within thirty (30) days of the arraignment date. No continuance or postponement shall be granted except for good cause shown. Any continuances that are necessary shall be granted for the shortest practicable time. Trials in superior court are not required to be scheduled within thirty (30) days of the arraignment date.

      (k) In addition to any other fines, any person convicted of a violation under this section shall pay a boating safety assessment fine of five hundred dollars ($500), which shall be deposited into the general fund. The assessment fine provided for by this subsection shall be collected from a violator before any other fines authorized by this section.

      (l) In addition to any other fines and boating safety assessment fine, a two hundred dollars ($200) assessment shall be paid by any person found in violation of this section to support the department of health’s chemical testing programs outlined in subsection 31-27-2(4), which shall be deposited as general revenues, not restricted receipts.

      (m) No fines, suspensions, assessments, alcohol or drug treatment programs, boating safety course, public community restitution, or jail provided for under this section can be suspended.

History of Section. P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1; P.L. 1994, ch. 257, § 1; P.L. 2001, ch. 131, § 2; P.L. 2001, ch. 161, § 2; P.L. 2008, ch. 103, § 1.

46-22.2-6. Admissibility of evidence.

At any proceeding concerning an offense under this chapter, evidence of the amount of intoxicating liquor, toluene, or any controlled substance, or any combination of these in the blood of the person charged with the offense at the time of the alleged violation, as shown by a chemical analysis of his or her breath, blood, urine, or other bodily substance, shall be admissible and competent, provided that evidence is presented and the following conditions have been complied with:

  1. The defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify.
  2. A true copy of the report of the test result was mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath test.
  3. Any person submitting to a chemical test of blood, urine or other body fluids shall have a true copy of the report of the test result mailed to him or her within thirty (30) days following the taking of the test.
  4. The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.
  5. Equipment used for the conduct of the tests buy means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.
  6. The person arrested and charged with operating a watercraft while under the influence of intoxicating liquor, toluene or any controlled substance, or any combination of these in violation of subsection (a) of this section was afforded the opportunity to have an additional chemical test. The officer arresting or so charging the person shall have informed the person of this right and afforded him or her a reasonable opportunity to exercise this right, and a notation to this effect is made in the official records of the case in the applicable law enforcement department. Refusal to permit an additional chemical test shall render incompetent and inadmissible in evidence the original report.

History of Section. P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1; P.L. 2008, ch. 103, § 1.

46-22.2-7. Testing of blood of persons killed in watercraft accidents.

  1. The director of the department of health shall provide a procedure whereby all morticians in the state shall obtain blood samples from all watercraft operators who have died as a result of and contemporaneously with an accident involving a watercraft.
  2. All law enforcement officers shall report such fatalities to the director of the department of health immediately after their occurrence.
  3. The blood sample, with such other information as may be required, shall be delivered to the director of the department of health. Upon receipt of such sample the director shall cause such tests to be performed as may be required to determine the amount of alcohol or controlled substance that may be contained in such sample.
  4. The results of such tests shall be used exclusively for statistical purposes and the sample shall never be identified with the name of the deceased. Any person releasing or making public such information, other than as herein prescribed, shall be guilty of a misdemeanor.

History of Section. P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1.

46-22.2-8. Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1.

Chapter 23 Coastal Resources Management Council

46-23-1. Legislative findings.

    1. Under article 1, § 17 of the Rhode Island Constitution, the people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this state, including, but not limited to, fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural resources of the state with due regard for the preservation of their values; and it is the duty of the general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration, and restoration of the natural environment of the state.
    2. The general assembly recognizes and declares that the coastal resources of Rhode Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of immediate and potential value to the present and future development of this state; that unplanned or poorly planned development of this basic natural environment has already damaged or destroyed, or has the potential of damaging or destroying, the state’s coastal resources, and has restricted the most efficient and beneficial utilization of these resources; that it shall be the policy of this state to preserve, protect, develop, and, where possible, restore the coastal resources of the state for this and succeeding generations through comprehensive and coordinated long range planning and management designed to produce the maximum benefit for society from these coastal resources; and that preservation and restoration of ecological systems shall be the primary guiding principle upon which environmental alteration of coastal resources will be measured, judged, and regulated.
    1. That effective implementation of these policies is essential to the social and economic well-being of the people of Rhode Island because the sea and its adjacent lands are major sources of food and public recreation, because these resources are used by and for industry, transportation, waste disposal, and other purposes, and because the demands made on these resources are increasing in number, magnitude, and complexity; and that these policies are necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452 (“The Coastal Zone Management Act”), the general assembly hereby directs the council (referred to as “CRMC”) to exercise effectively its responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone.
    2. Furthermore, that implementation of these policies is necessary in order to secure the rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state with due regard for the preservation of their values, and in order to allow the general assembly to fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration, and restoration of the natural environment of the state.
  1. That these policies can best be achieved through the creation of a coastal resources management council as the principal mechanism for management of the state’s coastal resources.
  2. The general assembly recognizes and declares that maintenance dredging is required to remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy and programs for ports, port facilities, channels, harbors, public and private marinas and boating facilities, recreational facilities and habitat areas; other major coastal states have maintenance dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general maintenance dredging policy and program and as a result there has been:
    1. A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to twenty-four (24) feet in 1996;
    2. Navigational restrictions on ocean going vessels through the state’s waterways and channels; and
    3. A decrease in the number of available slips and moorings at marinas throughout the state; and the lack of a maintenance dredging policy and programs have significant adverse environmental and economic effects on the state and therefore it is in the best interest of the state, the cities and towns of the state, and the citizens thereof for the state to have a general maintenance dredging policy and programs to resolve issues related to dredge maintenance and disposal and avoid future significant direct and indirect adverse impact on the environment and economy of the state.
  3. The coastal resources management council is hereby designated as the lead state agency for purposes of dredging in tidal waters and as such shall have the following duties and responsibilities:
    1. To coordinate the interest of the state with regard to dredging;
    2. To formulate and adopt a state policy with regard to dredging which integrates those interests;
    3. To cooperate with, negotiate, and to enter into agreements on behalf of the state with the federal government and with other public bodies and private parties with regard to dredging;
    4. To act as the initial and primary point of contact for all applications to the state for dredging projects in tidal waters;
    5. To develop, prepare, adopt pursuant to § 46-23-11 , implement, and maintain a comprehensive plan for dredge material management; and
    6. To cooperate and coordinate with the departments of environmental management, transportation, administration, and health, and the economic development corporation in the conduct of these duties and responsibilities.
    1. The legislature recognizes that under Article I, § 17, the submerged lands of the state are impressed with a public trust and that the state is responsible for the protection of the public’s interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below the high water mark, and it holds that land in trust for the use of the public. In benefiting the public, the state preserves certain public rights which include, but are not limited to, fishery, commerce, and navigation in these waters and the submerged lands that they cover.
    2. Since its establishment in 1971, the CRMC has had the authority to manage and plan for the preservation of the coastal resources of the state including, but not limited to, submerged lands. The legislature hereby declares that, in light of the unique size, scope, and overall potential impact upon the environment of large scale filling projects involving twenty-five (25) acres or more, any lease of tidal lands, or any license to use those lands, is subject to approval, disapproval, or conditional approval by the direct enactment of the general assembly by legislative action. The CRMC shall review all requests for leases, licenses to use the land, and other authority to use the land made by any applicant prior to presentation of the request to the general assembly, and the CRMC shall make recommendations on the request to the general assembly. With the exception of any and all projects to fill land of twenty-five (25) acres or more, the general assembly hereby recognizes and declares that the CRMC is delegated the sole and exclusive authority for the leasing of submerged and filled lands and giving licenses for the use of that land. Accordingly, the CRMC will develop, coordinate, and adopt a system for the leasing of submerged and filled lands, and licenses for the use of that land, and will ensure that all leases and licenses are consistent with the public trust. Pursuant thereto, the CRMC shall impose a maximum fee of eighty thousand dollars ($80,000) per annum for any transatlantic cable that makes landfall in Rhode Island. All such fees collected shall be deposited into the Bays, Rivers and Watersheds Fund, established pursuant to § 46-31-12.1 , and shall be disbursed according to the purposes of that fund. Nothing contained in this subsection negates, repeals, or alters the provisions, processes, and requirements for the leasing of submerged land for the conduct of aquaculture as set out under chapter 10 of title 20. Therefore, nothing in this chapter shall be construed to limit or impair the authority of the state, or any duly established agency of the state, to regulate filling or dredging affecting tidal lands owned by the state or any other entity, and nothing in this chapter shall be construed to limit or impair the obligation of the applicant to obtain all applicable regulatory approvals. Specifically, and without limiting the foregoing, nothing in this subsection negates, repeals, or alters the provisions, processes, and requirements for water quality certification contained in chapter 12 of this title.
    3. Definitions.
      1. “Filled land”  means portions of tidal lands which have been rendered by the acts of man to be no longer subject to tidal action or beneath tidal waters.
      2. “Tidal Lands”  means those lands that are below the mean high water.
      3. “Mean high water”  means a line of contour representing the 18.6 year average as determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and methodology of the United States Coastal Geodetic Survey within the National Oceanic and Atmospheric Administration.

History of Section. P.L. 1971, ch. 279, § 1; P.L. 1996, ch. 271, § 2; P.L. 1996, ch. 281, § 2; P.L. 2000, ch. 314, § 3; P.L. 2007, ch. 73, art. 30, § 3.

Compiler’s Notes.

P.L. 2000, ch. 314, § 5, provides: “This act shall take effect upon passage [July 18, 2000], and all harbor lines and all special acts relating to the authority or capacity to fill tidelands previously established by the state, or any state or municipal entity, to the extent not heretofore repealed, are hereby abolished, and all acts or parts of acts to the contrary or inconsistent herewith are hereby repealed. Nothing herein shall be construed to signify that any harbor line or special acts created any private rights.”

Section 46-31-12.1 , referred to in subdivision (f)(2) of this section, was repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Law Reviews.

For article, Legislative Control Over the Coastal Resources Management Council After Separation of Powers: Grasping at Thin Air(, Land, and Water), see 12 Roger Williams U. L. Rev. 314 (2007).

John Maxwell Greene, Matunuck Beach: Bringing Coastal Erosion into Focus, 18 Roger Williams U. L. Rev. 200 (2013).

Clare M. Harmon, Comment: Bootlegging, Oysters, and Closed-to-Harvest Waters: Adding Teeth to the Coastal Zone Management Act to More Effectively and Efficiently Restore the Coastal Zone, 22 Roger Williams U. L. Rev. 482 (2017).

Comparative Legislation.

Coastal management:

Conn. Gen. Stat. § 22a-90 et seq.

NOTES TO DECISIONS

Constitutionality.

Statute establishing the Coastal Resources Management Council and giving it authority to regulate the use of land use near coastal waters, §§ 46-23-1 to 46-23-17 , constitutes a delegation of legislative authority within the permissible bounds of R.I. Const., Art. VI . Milardo v. Coastal Resources Management Council, 434 A.2d 266, 1981 R.I. LEXIS 1263 (R.I. 1981).

Mindful of the importance and use of the coastal environment and recognizing the damage already done, the legislature in enacting this chapter could rationally conclude that it was necessary to single out coastal areas for specific regulation. Santini v. Lyons, 448 A.2d 124, 1982 R.I. LEXIS 949 (R.I. 1982).

46-23-2. Coastal resources management council created — Appointment of members.

  1. There is hereby created the coastal resources management council. The coastal resources management council shall consist of ten (10) members. Nine (9) members shall be appointed by the governor, with advice and consent of the senate, and one member shall serve ex officio. All current appointments to the coastal resources management council made by the governor with advice and consent of the senate are hereby validated and ratified and those appointees shall serve for the remainder of their term.
    1. Six (6) of the members shall be appointed or elected officials of local government: three (3) of whom shall be appointed or elected officials in a municipality of fewer than twenty-five thousand (25,000) in population, three (3) of whom shall be appointed or elected officials in a municipality of more than twenty-five thousand (25,000) in population. The populations are to be determined by the latest federal census. Elected or appointed municipal officials shall hold seats on the council only so long as they remain in their elected or appointed office. Each municipal appointment shall cease if the appointed or elected official shall no longer hold or change the office which they held upon appointment. At least five (5) out of the six (6) appointed or elected members must be appointed or elected in a coastal municipality. When the governor submits his or her appointments to the senate for advice and consent, the governor shall specify the appointed or elected office that each municipal appointment holds; the population of the municipality represented; and the member being replaced.
    2. Three (3) members shall be appointed by the governor from the public, with the advice and consent of the senate, one of the public members and his or her successors shall reside in a coastal municipality.
    3. All members shall serve until their successors are appointed and qualified; during the month of January, the governor shall appoint, with the advice and consent of the senate, a member to succeed the members whose term will then next expire for a term of three (3) years commencing on the first day of February next following and until their successor is named and qualified. A member shall be eligible for successive appointments. No more than two (2) persons on the council shall be from the same municipality. A vacancy other than by expiration shall be filled in the manner of the original appointment but only for the unexpired portion of the term.
    4. The director of the department of environmental management, or their designee, shall serve ex officio. The ex-officio member shall not be counted as serving from any particular municipality.
  2. In addition to the foregoing voting members, the council may include a varying number of other members who may serve in an advisory capacity without the right to vote and who may be invited to serve by either the governor or the voting members. These advisory members may represent the federal agencies such as the navy, coast guard, corps of engineers, public health service, and the Federal Water Pollution Control Administration, and such regional agencies as the New England River Basins Commission and the New England Regional Commission and any other group or interest not otherwise represented.
  3. There may be established a coastal resources advisory committee which committee, appointed by the executive director of the coastal resources management council, may include, but not be limited to, representation from the following groups: one of whom may be a representative of the university of Rhode Island graduate school of oceanography and the college of resources development, one of whom may be a representative of the Sea Grant National College Program, one of whom may be a representative of the army corps of engineers, one of whom may be a representative of the federal environmental protection agency’s Narragansett Bay laboratory, one of whom shall be a representative of the coastal resources management council, one of whom may be the director of the department of environmental management; one of whom may be a member of the Rhode Island Marine Trade Association and one of whom may be a representative of a regional environmental group. The council shall have the authority to appoint these additional members to the advisory committee as is deemed necessary or advisable by the advisory committee or the council. It shall be the responsibility of the committee to advise the coastal resources management council on environmental issues relating to dredging and permitting related thereto, including, but not limited to, those issues defined in §§ 46-23-18.1 46-23-18.3 , inclusive.
  4. The council shall have the authority to form committees of other advisory groups as needed from both its own members and others.

History of Section. P.L. 1971, ch. 279, § 1; P.L. 1990, ch. 461, § 10; P.L. 1996, ch. 271, § 2; P.L. 1996, ch. 281, § 2; P.L. 1998, ch. 457, § 1; P.L. 1999, ch. 105, § 5; P.L. 1999, ch. 354, § 54; P.L. 2001, ch. 180, § 155; P.L. 2018, ch. 87, § 1; P.L. 2018, ch. 99, § 1.

Compiler’s Notes.

P.L. 2018, ch. 87, § 1, and P.L. 2018, ch. 99, § 1 enacted identical amendments to this section.

Law Reviews.

For article, “Appointments by the Legislature Under the Rhode Island Separation of Powers Doctrine: The Hazards of a Road Less Traveled,” see 1 R.W.U.L. Rev. 1 (1996).

John Maxwell Greene, Matunuck Beach: Bringing Coastal Erosion into Focus, 18 Roger Williams U. L. Rev. 200 (2013).

46-23-2.1. Members — Term of office — Vacancies.

  1. The term of office of the appointed members shall be three (3) years, only so long as the members shall remain eligible to serve on the council under the appointment authority.
  2. The members are eligible for successive appointments.
  3. Elected or appointed municipal officials shall hold seats on the council, only so long as they remain in their elected or appointed office.
  4. A vacancy other than by expiration shall be filled in the manner of the original appointment but only for the unexpired portion of the term. The governor shall have the power to remove his or her appointee for just cause.

History of Section. P.L. 1985, ch. 212, § 3; P.L. 1990, ch. 461, § 10; P.L. 1999, ch. 354, § 54; P.L. 2018, ch. 87, § 1; P.L. 2018, ch. 99, § 1.

Compiler’s Notes.

P.L. 2018, ch. 87, § 1, and P.L. 2018, ch. 99, § 1 enacted identical amendments to this section.

46-23-3. Oath of members.

Each appointed member of the council, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.

History of Section. P.L. 1971, ch. 279, § 1.

46-23-4. Officers of the council — Quorum and vote required for action.

The governor shall select from the appointed members a chairperson and vice chairperson. The council shall thereupon select a secretary from among its membership or staff. The council may engage staff, including legal counsel, as it deems necessary. A quorum shall consist of six (6) members of the council. A majority vote of those present shall be required for action.

History of Section. P.L. 1971, ch. 279, § 1; P.L. 1990, ch. 461, § 10; P.L. 2018, ch. 87, § 1; P.L. 2018, ch. 99, § 1.

Compiler’s Notes.

P.L. 2018, ch. 87, § 1, and P.L. 2018, ch. 99, § 1 enacted identical amendments to this section.

46-23-4.1. The commissioner of coastal resources management.

The council shall engage a commissioner of coastal resources management who shall be an employee of the council and who shall not be a member of the council. The commissioner shall coordinate and liaison with the director of the department of environmental management, and his or her staff shall be at the same staff level as the other commissioners and shall work directly with the other commissioners. The commissioner of coastal resources management shall be in the unclassified service. The duties and powers of the commissioner of coastal resources management shall be determined by the council. The council shall not engage a commissioner of coastal resources management for more than five (5) years; provided, however, that the council may renew its contract with the commissioner of coastal resources management.

History of Section. P.L. 1985, ch. 212, § 2; P.L. 1990, ch. 461, § 10.

46-23-5. Expenses of members.

  1. The members of the council and the chairperson shall not be compensated for their service on the board, but the members and chairperson shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
  2. [Deleted by P.L. 2005, ch. 117, art. 21, § 34.]

History of Section. P.L. 1971, ch. 279, § 1; P.L. 1974, ch. 202, § 1; P.L. 1985, ch. 212, § 1; P.L. 2005, ch. 117, art. 21, § 34.

46-23-6. Powers and duties — Rights-of-way.

In order to properly manage coastal resources the council has the following powers and duties:

  1. Planning and management.
    1. The primary responsibility of the council shall be the continuing planning for and management of the resources of the state’s coastal region. The council shall be able to make any studies of conditions, activities, or problems of the state’s coastal region needed to carry out its responsibilities.
    2. The resources management process shall include the following basic phases:
      1. Identify all of the state’s coastal resources, water, submerged land, air space, fin fish, shellfish, minerals, physiographic features, and so forth.
      2. Evaluate these resources in terms of their quantity, quality, capability for use, and other key characteristics.
      3. Determine the current and potential uses of each resource.
      4. Determine the current and potential problems of each resource.
      5. Formulate plans and programs for the management of each resource, identifying permitted uses, locations, protection measures, and so forth.
      6. Carry out these resources management programs through implementing authority and coordination of state, federal, local, and private activities.
      7. Formulation of standards where these do not exist, and reevaluation of existing standards.
      8. To develop comprehensive programs for dredging in tidal waters and related beneficial use, disposal, monitoring dewatering and transportation of dredge materials.
      9. To accept and administer loans and grants from the federal government and from other sources, public or private, for the carrying out of any of its functions, which loans or grants shall not be expended for other than the purposes for which provided.
      10. To encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the tidal waters of the state as the coastal resources management council may deem advisable and necessary for the discharge of its duties under this chapter.
      11. To collect and disseminate information relating to dredging, disposal of dredge materials and transportation thereof within the tidal waters of the state.
      12. To work with the appropriate federal and state agencies to develop as provided for in this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and related beneficial use, disposal, monitoring dewatering and transportation of dredge materials.
      13. To apply for, accept and expend grants and bequests of funds, for the purpose of carrying out the lawful responsibilities of the coastal resources management council.
    3. An initial series of resources management activities shall be initiated through this basic process, then each phase shall continuously be recycled and used to modify the council’s resources management programs and keep them current.
    4. Planning and management programs shall be formulated in terms of the characteristics and needs of each resource or group of related resources. However, all plans and programs shall be developed around basic standards and criteria, including:
      1. The need and demand for various activities and their impact upon ecological systems.
      2. The degree of compatibility of various activities.
      3. The capability of coastal resources to support various activities.
      4. Water quality standards set by the director of the department of environmental management.
      5. Consideration of plans, studies, surveys, inventories, and so forth prepared by other public and private sources.
      6. Consideration of contiguous land uses and transportation facilities.
      7. Whenever possible consistency with the state guide plan.
    5. The council shall prepare, adopt, administer, and cause to be implemented, including specifically through its powers of coordination as set forth in subdivision (3) of this section, a marine resources development plan and such special area management plans as the council may determine to be appropriate or desirable as follows:
      1. Marine resources development plan.
        1. The purpose of the marine resources development plan shall be to provide an integrated strategy for: (a) improving the health and functionality of Rhode Island’s marine ecosystem; (b) providing for appropriate marine-related economic development; and (c) promoting the use and enjoyment of Rhode Island’s marine resources by the people of the state.
        2. The marine resources development plan shall include specific goals and objectives necessary to accomplish its purposes, performance measures to determine progress toward achieving such goals and objectives, and an implementation program.
        3. The marine resources development plan shall be prepared in cooperation with the department of environmental management, the statewide planning program, and the commerce corporation, with the involvement of such other state agencies as may be appropriate, and with such technical support as may be necessary and appropriate from the Narragansett Bay Estuary Program, the Coastal Institute at the University of Rhode Island, and Rhode Island Sea Grant.
        4. The plan shall be responsive to the requirements and principles of the federal coastal zone management act as amended, including, but not limited to, the expectations of the act for incorporating the federal Clean Water Act into coastal zone management programs.
        5. The marine resources development plan shall take into account local land use management responsibilities as provided for under title 45 and harbor management responsibilities, and the preparation of the plan shall include opportunities for involvement and/or comment by cities and towns.
        6. The marine resources development plan shall be adopted by the council in accordance with the provisions of this subsection by July 1, 2005, shall as appropriate incorporate the recommendations of the Governor’s Narragansett Bay and Watershed Planning Commission, and shall be made consistent with systems level plans as appropriate, in order to effectuate the purposes of systems level planning. The council shall update the marine resources development plan at least once every five (5) years.
        7. The council shall administer its programs, regulations, and implementation activities in a manner consistent with the marine resources development plan.
        8. The marine resources development plan and any updates thereto shall be adopted as appropriate as elements of the state guide plan pursuant to § 42-11-10 .
      2. Special area management plans.
        1. The council shall adopt such special area management plans as deemed necessary and desirable to provide for the integration and coordination of the protection of natural resources, the promotion of reasonable coastal-dependent economic growth, and the improved protection of life and property in the specific areas designated council as requiring such integrated planning and coordination.
        2. The integrated planning and coordination herein specified shall include, but not be limited to, federal agencies, state agencies, boards, commissions, and corporations, including specifically the commerce corporation, and cities and towns, shall utilize to the extent appropriate and feasible the capacities of entities of higher education, including Rhode Island Sea Grant, and shall provide for the participation of advocacy groups, community-based organizations, and private persons.
        3. The council shall administer its programs, regulations, and implementation activities in a manner consistent with special area management plans.
        4. Special area management plans and any updates thereto shall be adopted as appropriate as elements of the state guide plan pursuant to § 42-11-10 .
  2. Implementation.
    1. The council is authorized to formulate policies and plans and to adopt regulations necessary to implement its various management programs. With respect to such policies and plans which relate to matters where the coastal resources management council and the department of environmental management have concurrent jurisdiction and upon formulation of the plans and regulations, the council shall, prior to adoption, submit the proposed plans or regulations to the director of the department of environmental management for the director’s review. The director shall review and submit comments to the council within thirty (30) days of submission to the director by the council. The comments of the director shall include findings with regard to the consistency of the policies, plans and/or regulations with the requirements of laws administered by the department. The council shall consider the director’s comments prior to adoption of any such policies, plans or regulations and shall respond in writing to findings of the director with regard to the consistency of said policies, plans and/or regulations with the requirements of laws administered by the department.
      1. The council shall have exclusive jurisdiction below mean high water for all development, operations, and dredging, consistent with the requirements of chapter 6.1 of this title and except as necessary for the department of environmental management to exercise its powers and duties and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-17.1-2 4, and any person, firm, or governmental agency proposing any development or operation within, above, or beneath the tidal water below the mean high water mark, extending out to the extent of the state’s jurisdiction in the territorial sea, shall be required to demonstrate that its proposal would not:
      2. The council shall be authorized to approve, modify, set conditions for, or reject any such proposal.
      (I) Conflict with any resources management plan or program; (II) Make any area unsuitable for any uses or activities to which it is allocated by a resources management plan or program adopted by the council; or (III) Significantly damage the environment of the coastal region.
    2. The authority of the council over land areas (those areas above the mean high water mark) shall be limited to two hundred feet (200´) from the coastal physiographic feature or to that necessary to carry out effective resources management programs. This shall be limited to the authority to approve, modify, set conditions for, or reject the design, location, construction, alteration, and operation of specified activities or land uses when these are related to a water area under the agency’s jurisdiction, regardless of their actual location. The council’s authority over these land uses and activities shall be limited to situations in which there is a reasonable probability of conflict with a plan or program for resources management or damage to the coastal environment. These uses and activities are:
      1. Power generating over forty (40) megawatts and desalination plants.
      2. Chemical or petroleum processing, transfer, or storage.
      3. Minerals extraction.
      4. Shoreline protection facilities and physiographical features, and all directly associated contiguous areas which are necessary to preserve the integrity of the facility and/or features.
      5. Coastal wetlands and all directly associated contiguous areas which are necessary to preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of the coast. The actual determination of freshwater wetlands located in coastal vicinities and under the jurisdiction of the coastal resources management council shall be designated on such maps that are agreed to in writing and made available for public use by the coastal resources management council and the director, department of environmental management, within three (3) months of [August 6, 1996]. The CRMC shall have exclusive jurisdiction over the wetlands areas described in this section notwithstanding any provision of chapter 1, title 2 or any other provision, except as provided in subsection (iv) of this section. Within six (6) months of [August 6, 1996] the council in cooperation with the director shall develop rules and regulations for the management and protection of freshwater wetlands, affected by an aquaculture project, outside of those freshwater wetlands located in the vicinity of the coast and under the exclusive jurisdiction of the director of the department of environmental management. For the purpose of this chapter, a “coastal wetland” means any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh. Marshes shall include those areas upon which grow one or more of the following: smooth cordgrass (spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black rush (juncus gerardi), saltworts (salicornia spp.), sea lavender (limonium carolinianum), saltmarsh bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha angustifolia), spike rush (eleocharis rostellata), chairmaker’s rush (scirpus amercana), creeping bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus).
      6. Sewage treatment and disposal and solid waste disposal facilities.
      7. Beneficial use, dewatering, and disposal of dredged material of marine origins, where such activities take place within two hundred feet (200´) of mean high water or a coastal physiographic feature, or where there is a reasonable probability of conflict with a plan or program for resources management or damage to the coastal environment.
    3. Notwithstanding the provisions of subsections (ii) and (iii) above, the department of environmental management shall maintain jurisdiction over the administration of chapter 1, title 2, including permitting of freshwater wetlands alterations and enforcement, with respect to all agricultural activities undertaken by a farmer, as that term is defined in § 2-1-22(j) , wherever located; provided, however, that with respect to activities located partially or completely within two hundred feet (200´) of the coastal physiographic feature, the department shall exercise jurisdiction in consultation with the council.
  3. Coordination.  The council has the following coordinating powers and duties:
    1. Functioning as a binding arbitrator in any matter of dispute involving both the resources of the state’s coastal region and the interests of two (2) or more municipalities or state agencies.
    2. Consulting and coordinating actions with local, state, regional, and federal agencies and private interests.
    3. Conducting or sponsoring coastal research.
    4. Advising the governor, the general assembly, and the public on coastal matters.
    5. Serving as the lead state agency and initial and primary point of contact for dredging activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of other state agencies as they pertain to dredging in order to develop comprehensive programs for dredging as required by subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title. The Rhode Island resource recovery corporation prior to purchasing cover material for the state landfill shall first contact the CRMC to see if there is a source of suitable dredged material available which shall be used in place of the purchase cover material. Other state agencies engaged in the process of dump closures shall also contact the CRMC to see if there is a source of suitable dredged material available, which shall be used in place of the purchase cover material. In addition, cities and towns may contact the CRMC prior to closing city or town controlled dump sites to see if there is a source of suitable dredge material available, which may be used in place of the purchase cover material.
    6. Acting as the state’s representative to all bodies public and private on all coastal and aquaculture related matters.
  4. Operations.  The council is authorized to exercise the following operating functions, which are essential to management of coastal resources:
    1. Issue, modify, or deny permits for any work in, above, or beneath the areas under its jurisdiction, including conduct of any form of aquaculture.
    2. Issue, modify, or deny permits for dredging, filling, or any other physical alteration of coastal wetlands and all directly related contiguous areas which are necessary to preserve the integrity of the wetlands, including, but not limited to, the transportation and disposal of dredge materials in the tidal waters.
    3. Grant licenses, permits, and easements for the use of coastal resources which are held in trust by the state for all its citizens, and impose fees for private use of these resources.
    4. Determining the need for and establishing pierhead, bulkhead, and harbor lines.
    5. Enforcing and implementing riparian rights in the tidal waters after judicial decisions.
    6. The council may require an owner or operator of a commercial wharf or pier of a marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources management program, but not including those facilities defined in 300.4 of the Rhode Island coastal resources management program, and which is capable of offloading cargo, and is or will be subject to a new use or a significant intensification of an existing use, to demonstrate that the commercial wharf or pier is fit for that purpose. For the purposes of this subsection, a “commercial wharf or pier” means a pier, bulkhead, wharf, docking facility, or underwater utilities. The council may order said owner or operator to provide an engineering certification to the council’s satisfaction that the commercial wharf or pier is fit for the new use or intensification of an existing use. If the council determines that the commercial wharf or pier is not fit, it may order the owner or operator to undertake the necessary work to make the commercial wharf or pier safe, within a reasonable time frame. If the council determines that the commercial wharf or pier, because of is condition, is an immediate threat to public health and safety it may order the commercial wharf or pier closed until the necessary work to make the commercial wharf or pier safe has been performed and approved by the council. All work performed must conform to the council’s management program. The council is also given the authority to develop regulations to carry out this provision and to impose administrative penalties of five thousand dollars ($5,000) per day up to a maximum of twenty thousand dollars ($20,000) consistent with § 46-23-7.1 where there has been a violation of the orders under this provision.
  5. Rights-of-way.
    1. The council is responsible for the designation of all public rights-of-way to the tidal water areas of the state, and shall carry on a continuing discovery of appropriate public rights-of-way to the tidal water areas of the state.
    2. The council shall maintain a complete file of all official documents relating to the legal status of all public rights-of-way to the tidal water areas of the state.
      1. The council has the power to designate for acquisition and development, and posting, and all other functions of any other department for tidal rights-of-way and land for tidal rights-of-way, parking facilities, and other council related purposes.
      2. Further, the council has the power to develop and prescribe a standard sign to be used by the cities and towns to mark designated rights-of-way.
    3. In conjunction with this subdivision, every state department controlling state-owned land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much of the land that may be deemed necessary for public parking.
    4. No use of land for public parking shall conflict with existing or intended use of the land, and no improvement shall be undertaken by any state agency until detailed plans have been submitted to and approved by the governing body of the local municipality.
    5. In designating rights-of-way, the council shall consider the following matters in making its designation:
      1. Land evidence records;
      2. The exercise of domain over the parcel such as maintenance, construction, or upkeep;
      3. The payment of taxes;
      4. The creation of a dedication;
      5. Public use;
      6. Any other public record or historical evidence such as maps and street indexes;
      7. Other evidence as set out in § 42-35-10 .
    6. A determination by the council that a parcel is a right-of-way shall be decided by substantial evidence.
    7. The council shall be notified whenever by the judgment of the governing body of a coastal municipality, a public right-of-way to tidal water areas located in such municipality has ceased to be useful to the public, and such governing body proposes an order of abandonment of such public right-of-way. Said notice shall be given not less than sixty (60) days prior to the date of such abandonment.
  6. Pre-existing residential boating facilities.
    1. The council is hereby authorized and empowered to issue assent for pre-existing residential boating facilities constructed prior to January 1, 1985. These assents may be issued for pre-existing residential boating facilities, even though such facilities do not meet current standards and policies of the council; provided, however, that the council finds that such facilities do not pose any significant risk to the coastal resources of the state of Rhode Island and do not endanger human safety.
    2. In addition to the above criteria, the applicant shall provide clear and convincing evidence that:
      1. The facility existed in substantially the same configuration as it now exists prior to January 1, 1985;
      2. The facility is presently intact and functional; and
      3. The facility presents no significant threat to the coastal resources of the state of Rhode Island or human safety.
    3. The applicant, to be eligible for this provision, shall apply no later than January 31, 1999.
    4. The council is directed to develop rules and regulations necessary to implement this subdivision.
    5. It is the specific intent of this subsection to require that all pre-existing residential boating facilities constructed on January 1, 1985, or thereafter conform to this chapter and the plans, rules and regulations of the council.
  7. Lease of filled lands which were formerly tidal lands to riparian or littoral owners.
    1. Any littoral or riparian owner in this state who desires to obtain a lease from the state of Rhode Island of any filled lands adjacent to his or her upland shall apply to the council, which may make the lease. Any littoral or riparian owner who wishes to obtain a lease of filled lands must obtain pre-approval, in the form of an assent, from the council. Any lease granted by the council shall continue the public’s interest in the filled lands including, but not limited to, the rights of navigation, fishery, and commerce. The public trust in the lands shall continue and run concurrently with the leasing of the lands by the state to private individuals, corporations, or municipalities. Upon the granting of a lease by the council, those rights consistent with the public trust and secured by the lease shall vest in the lessee. The council may approve a lease of filled lands for an initial term of up to fifty (50) years, with, or without, a single option to renew for an additional term of up to fifty (50) years.
    2. The lessor of the lease, at any time, for cause, may by express act cancel and annul any lease previously made to the riparian owner when it determines that the use of the lands is violating the terms of the lease or is inconsistent with the public trust, and upon cancellation the lands, and rights in the land so leased, shall revert to the state.
  8. “Marinas” as defined in the coastal resources management program in effect as of June 1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision (7) is not applicable to:
    1. Any riparian owner on tidal waters in this state (and any successor in interest to the owner) which has an assent issued by the council to use any land under water in front of his or her lands as a marina, which assent was in effect on June 1, 1997;
    2. Any alteration, expansion, or other activity at a marina (and any successor in interest) which has an assent issued by the council, which assent was in effect on June 1, 1997; and
    3. Any renewal of assent to a marina (or successor in interest), which assent was issued by the council and in effect on June 1, 1997.
  9. “Recreational boating facilities” including marinas, launching ramps, and recreational mooring areas, as defined by and properly permitted by the council, are deemed to be one of the uses consistent with the public trust. Subdivision (7) is not applicable to:
    1. Any riparian owner on tidal waters in this state (and any successor in interest to the owner) which has an assent issued by the council to use any land under water in front of his or her lands as a recreational boating facility; any alteration, expansion or other activity at a recreational boating facility (and any successor in interest) which has an assent issued by the council, which assent was in effect as of June 1, 1997; and
    2. Any renewal of assent to a recreational boating facility (or successor in interest), which assent was issued by the council and in effect on June 1, 1997.

History of Section. P.L. 1971, ch. 279, § 1; P.L. 1976, ch. 329, § 1; P.L. 1977, ch. 270, §§ 1-3; P.L. 1984, ch. 244, § 1; P.L. 1990, ch. 461, § 10; P.L. 1992, ch. 133, art. 21, § 4; P.L. 1993, ch. 311, § 1; P.L. 1993, ch. 420, § 1; P.L. 1994, ch. 153, § 1; P.L. 1995, ch. 76, § 1; P.L. 1995, ch. 196, § 1; P.L. 1996, ch. 89, § 1; 1996, ch. 271, § 2; P.L. 1996, ch. 274, § 3; P.L. 1996, ch. 281, § 2; P.L. 1996, ch. 404, § 40; P.L. 1998, ch. 332, § 1; P.L. 1999, ch. 501, § 1; P.L. 2000, ch. 314, § 3; P.L. 2001, ch. 144, § 6; P.L. 2001, ch. 163, § 6; P.L. 2004, ch. 145, § 2; P.L. 2004, ch. 260, § 2; P.L. 2004, ch. 454, § 1; P.L. 2005, ch. 144, § 1; P.L. 2005, ch. 154, § 1; P.L. 2012, ch. 185, § 1; P.L. 2012, ch. 196, § 1.

Compiler’s Notes.

P.L. 2000, ch. 314, § 4, provides that if any provision of that act or the application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of that act, which can be given effect without the invalid provision or application, and to that end the provisions of that act are declared to be severable.

P.L. 2000, ch. 314, § 5, provides: “This act shall take effect upon passage [July 18, 2000], and all harbor lines and all special acts relating to the authority or capacity to fill tidelands previously established by the state, or any state or municipal entity, to the extent not heretofore repealed, are hereby abolished, and all acts or parts of acts to the contrary or inconsistent herewith are hereby repealed. Nothing herein shall be construed to signify that any harbor line or special acts created any private rights.”

P.L. 2012, ch. 185, § 1, and P.L. 2012, ch. 196, § 1 enacted identical amendments to this section.

Cross References.

Operation of beach vehicle without permit. § 31-8-1.1 .

Law Reviews.

Clare M. Harmon, Comment: Bootlegging, Oysters, and Closed-to-Harvest Waters: Adding Teeth to the Coastal Zone Management Act to More Effectively and Efficiently Restore the Coastal Zone, 22 Roger Williams U. L. Rev. 482 (2017).

Nicole E. Rohr, Comment: Rising to the Level of Climate Science: Rhode Island, the National Flood Insurance Program, and Sea Level Rise Projections, 22 Roger Williams U. L. Rev. 506 (2017).

NOTES TO DECISIONS

Constitutionality.

Authority granted to Coastal Resources Management Council in subsection (B) of this section does not constitute an impermissible delegation of legislative authority in violation of R.I. Const., Art. VI . Milardo v. Coastal Resources Management Council, 434 A.2d 266, 1981 R.I. LEXIS 1263 (R.I. 1981).

In General.

The council is empowered under this section to reach a conclusion guided by principle of “significant damage” regardless of whether a specific management plan applies or even exists. Santini v. Lyons, 448 A.2d 124, 1982 R.I. LEXIS 949 (R.I. 1982).

Even if assuming it was error for trial justice to apply amendment that legislature enacted after plaintiff had filed applications for building permits, such error was harmless where crux of case concerned effect that implementation of plaintiff’s proposals would have on adjacent intertidal salt marsh, which fell within original scope of this chapter. Santini v. Lyons, 448 A.2d 124, 1982 R.I. LEXIS 949 (R.I. 1982).

The Coastal Resources Management Council exercises legislatively delegated powers pursuant to rigorous statutory control and subject to judicial intervention at the appropriate juncture in the proceedings. The council does not exercise judicial power. Sartor v. Coastal Resources Management Council, 542 A.2d 1077, 1988 R.I. LEXIS 60 (R.I. 1988).

This section is not in conflict with § 8-2-14 , which vests jurisdiction of actions at law in the superior court. Sartor v. Coastal Resources Management Council, 542 A.2d 1077, 1988 R.I. LEXIS 60 (R.I. 1988).

Sections 46-23-6(4)(i) and 46-23-6(4)(iii) concern separate and distinct powers granted to the Coastal Resources Management Council (CRMC) in that (4)(iii) authorizes CRMC to grant licenses, permits and easements for the “use” of coastal resources which are held in trust by the state, whereas (4)(i) authorizes CRMC to regulate the issuance of permits for “work” in, above or beneath the water with respect to land and other coastal resources under its jurisdiction. Providence & Worcester R.R. Co. v. Pine, 729 A.2d 202, 1999 R.I. LEXIS 98 (R.I. 1999).

The term “operations” as it is used in R.I. Gen. Laws § 46-23-6(2)(ii)(A) has a significant and similarly broad meaning as that in R.I. Gen. Laws § 46-23-6(4)(iii) that encompasses commercial ferry activities. Champlin's Realty Assocs., L.P. v. Tillson, 823 A.2d 1162, 2003 R.I. LEXIS 165 (R.I. 2003).

Findings of Fact.

An assent to continue development granted by the Coastal Resources Management Council which contains no finding that there is a reasonable probability of damage to the coastal environment by virtue of proposed construction, and which contains a requirement which is impossible to satisfy, is invalid. Ratcliffe v. Coastal Resources Management Council, 584 A.2d 1107, 1991 R.I. LEXIS 2 (R.I. 1991).

Granting of Compensation.

The council has no statutory authority to grant compensation. Santini v. Lyons, 448 A.2d 124, 1982 R.I. LEXIS 949 (R.I. 1982).

Jurisdiction.

The Coastal Resources Management Council has no jurisdiction over a parcel of land which, at the time application is made for permission to build, is not listed in council regulations as a barrier beach. Later amendments to the regulations which include the land in question, cannot be utilized to deny a building permit. Ratcliffe v. Coastal Resources Management Council, 584 A.2d 1107, 1991 R.I. LEXIS 2 (R.I. 1991).

Since the state had already granted the plaintiff the right to use certain coastal resources through nineteenth-century legislation confirmed by the Confirmation of Legislative Conveyances Generally Act, the Coastal Resources Management Council (CRMC) could only grant an assent to the plaintiff to work on its tide-flowed property rather than use coastal resources held in trust by the state, and the fact that the plaintiff was required to seek a permit from CRMC was of no consequence because CRMC had only the power to oversee and direct the method by which the plaintiff could fill in the tide waters to the harbor line, and once the plaintiff filled-in and improved that land below the mean high-water mark, it established title thereto, free and clear of the public trust claim asserted by the state.

With its explicit reference to “tidal water below the mean high water mark, ” the Coastal Resources Management Council enabling statute absolutely and clearly authorizes the agency to regulate the lands to which the state holds title under the public-trust doctrine. Town of Warren v. Thornton-Whitehouse, 740 A.2d 1255, 1999 R.I. LEXIS 196 (R.I. 1999).

The legislature has chosen to limit the right to wharf out by granting exclusive jurisdiction over residential boating facilities in tidal waters to the Coastal Resources Management Council.

The Coastal Resources Management Council’s exclusive jurisdiction may yield to an express delegation of authority to a municipality or other government agency. Champlin's Realty Assocs., L.P. v. Tillson, 823 A.2d 1162, 2003 R.I. LEXIS 165 (R.I. 2003).

Pursuant to R.I. Gen. Laws § 46-23-6(2)(ii)(A) , any municipal attempt to prohibit commercial ferries from docking at a particular location is an invasion of the Coastal Resources Management Council’s exclusive jurisdiction over development, operation, and dredging activities and is preempted. Champlin's Realty Assocs., L.P. v. Tillson, 823 A.2d 1162, 2003 R.I. LEXIS 165 (R.I. 2003).

Town could not enforce a cease-and desist order against a dock facility and ferry operators as to certain commercial docking operations in the Great Salt Pond because the Rhode Island Coastal Resources Management Council had exclusive jurisdiction over the matter and there had been no express delegation of authority. Champlin's Realty Assocs., L.P. v. Tillson, 823 A.2d 1162, 2003 R.I. LEXIS 165 (R.I. 2003).

46-23-6.1. Newport “cliff walk” — Public right-of-way — Legal studies.

The council is hereby directed to carry out any and all legal studies which it shall deem necessary in order to designate the Newport “cliff walk”, so called, as a public right-of-way pursuant to § 46-23-6(5) .

History of Section. P.L. 1990, ch. 493, § 1.

46-23-6.2. Abandonment of rights-of-way.

No city or town shall abandon a right-of-way designated as such by the council unless the council approved the abandonment.

History of Section. P.L. 1991, ch. 42, § 1.

46-23-6.3. Tolling of expiration periods.

  1. Notwithstanding any other provision set forth in this chapter, all periods pertaining to the expiration of any approval or permit issued pursuant to any state statute or any regulation promulgated thereto pertaining to the development of property shall be tolled until June 30, 2016. For the purposes of this section, “tolling” means the suspension or temporary stopping of the running of the applicable permit or approval period.
  2. Said tolling need not be recorded in the land evidence records to be valid, however, a notice of the tolling must be posted in the municipal planning department and near the land evidence records.
  3. The tolling shall apply only to approvals or permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2016, and shall not revive expired approvals or permits.
  4. The expiration dates for all permits and approvals issued before the tolling period began will be recalculated as of July 1, 2016, by adding thereto the number of days between November 9, 2009, and the day on which the permit or approval would otherwise have expired. The expiration dates for all permits and approvals issued during the tolling period will be recalculated as of July 1, 2016, by adding thereto the number of days between the day the permit or approval was issued and the day the permit or approval otherwise would have expired.

History of Section. P.L. 2009, ch. 198, § 5; P.L. 2009, ch. 199, § 5; P.L. 2010, ch. 209, § 4; P.L. 2010, ch. 215, § 4; P.L. 2011, ch. 56, § 4; P.L. 2011, ch. 65, § 4; P.L. 2013, ch. 137, § 4; P.L. 2013, ch. 184, § 4; P.L. 2015, ch. 103, § 4; P.L. 2015, ch. 114, § 4.

Compiler’s Notes.

This section was enacted by two acts (P.L. 2009, ch. 198, § 5, and P.L. 2009, ch. 199, § 5). The version of the section as enacted by P.L. 2009, ch. 198, § 5 had a subsection (c) which has been set out above.

P.L. 2011, ch. 56, § 4, and P.L. 2011, ch. 65, § 4, enacted identical amendments to this section.

P.L. 2013, ch. 137, § 4, and P.L. 2013, ch. 184, § 4 enacted identical amendments to this section.

P.L. 2015, ch. 103, § 4, and P.L. 2015, ch. 114, § 4 enacted identical amendments to this section.

Applicability.

P.L. 2010, ch. 209, § 5, provides that the amendment to this section by that act takes effect upon passage [June 25, 2010], and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2011, and shall not revive any expired approval or permit.

P.L. 2010, ch. 215, § 5, provides that the amendment to this section by that act takes effect upon passage [June 25, 2010], and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2011, and shall not revive any expired approval or permit.

P.L. 2011, ch. 56, § 5 provides that the amendment to this section by that act takes effect upon passage [June 8, 2011] and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2013 but shall not revive any expired approval or permit.

P.L. 2011, ch. 65, § 5 provides that the amendment to this section by that act takes effect upon passage [June 8, 2011] and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2013 but shall not revive any expired approval or permit.

P.L. 2013, ch. 137, § 5, provides that the amendment to this section by that act takes effect on June 25, 2013 and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2015, but shall not revive any expired approval or permit.

P.L. 2013, ch. 184, § 5, provides that the amendment to this section by that act takes effect on July 11, 2013 and shall apply to approvals and permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2015, but shall not revive any expired approval or permit.

P.L. 2015, ch. 103, § 5, provides that the amendment to this section by that act takes effect upon passage [June 19, 2015] and shall apply to approvals and permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2016, but shall not revive any expired approval or permit.

P.L. 2015, ch. 114, § 5, provides that the amendment to this section by that act takes effect upon passage [June 19, 2015] and shall apply to approvals and permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2016, but shall not revive any expired approval or permit.

46-23-7. Violations.

    1. In any instances wherein there is a violation of the coastal resources management program, or a violation of regulations or decisions of the council, the commissioner of coastal resources management shall have the power to order any person to cease and desist or to remedy any violation of any provisions of this chapter, or any rule, regulation, assent, order, or decision of the council whenever the commissioner of coastal resources management shall have reasonable grounds to believe that such violation has occurred.
    2. Council staff, conservation officers within the department of environmental management, and state and municipal police shall be empowered to issue written cease and desist orders in any instance where activity is being conducted which constitutes a violation of any provisions of this chapter, or any rule, regulation, assent, order, or decision of the council.
    3. Conservation officers within the department of environmental management, council staff, and state and municipal police shall have authority to apply to a court of competent jurisdiction for a warrant to enter on private land to investigate possible violations of this chapter; provided, that they have reasonable grounds to believe that a violation has been committed, is being committed, or is about to be committed.
  1. Any order or notice issued pursuant to subsection (a) shall be eligible for recordation under chapter 13 of title 34, and shall be recorded in the land evidence records in the city/town wherein the property subject to the order is located, and any subsequent transferee of the property shall be responsible for complying with the requirements of the order and notice.
  2. The coastal resources management council shall discharge of record any notice filed pursuant to subsection (b) within thirty (30) days after the violation has been remedied.

History of Section. P.L. 1971, ch. 279, § 1; P.L. 1973, ch. 197, § 2; P.L. 1976, ch. 329, § 2; P.L. 1977, ch. 270, § 4; P.L. 1980, ch. 208, § 1; P.L. 1986, ch. 296, § 1; P.L. 1987, ch. 193, § 1; P.L. 1989, ch. 516, § 1; P.L. 1990, ch. 461, § 10.

NOTES TO DECISIONS

Equitable Relief.

The superior court may exercise its inherent equitable powers for the purpose of administering full relief to the parties before it in a situation where a party in violation of a Coastal Resources Management Council regulation or directive seeks equitable relief in the superior court. Wellington Hotel Assocs. v. Miner, 543 A.2d 656, 1988 R.I. LEXIS 75 (R.I. 1988).

46-23-7.1. Administrative penalties.

Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to § 46-23-7(a) ; or any assent, order, or decision of the council, may be assessed an administrative penalty by the chairperson or executive director in accordance with the following:

  1. The chairperson or executive director is authorized to assess an administrative penalty of not more than ten thousand dollars ($10,000) for each violation of this section, and is authorized to assess additional penalties of not more than one thousand ($1,000) for each day during which this violation continues after receipt of a cease-and-desist order from the council pursuant to § 46-23-7(a) , but in no event shall the penalties in aggregate exceed fifty thousand dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the property owner or person committing the violation shall be notified by certified mail or personal service that a penalty is being assessed. The notice shall include a reference to the section of the law, rule, regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to constitute the violation; a statement of the amount of the administrative penalty assessed; and a statement of the party’s right to an administrative hearing.
  2. The party shall have twenty-one (21) days from receipt of the notice within which to deliver to the council a written request for a hearing. This request shall specify in detail the statements contested by the party. The executive director shall designate a person to act as hearing officer. If no hearing is requested, then after the expiration of the twenty-one (21) day period, the council shall issue a final order assessing the penalty specified in the notice. The penalty is due when the final order is issued. If the party shall request a hearing, any additional daily penalty shall not commence to accrue until the council issues a final order.
  3. If a violation is found to have occurred, the council may issue a final order assessing not more than the amount of the penalty specified in the notice. The penalty is due when the final order is issued.
  4. The party may within thirty (30) days appeal the final order, of fine assessed by the council to the superior court which shall hear the assessment of the fine de novo.

History of Section. P.L. 1989, ch. 516, § 2; P.L. 1991, ch. 42, § 2; P.L. 1992, ch. 352, § 1; P.L. 2004, ch. 213, § 1; P.L. 2004, ch. 301, § 1; P.L. 2021, ch. 162, art. 6, § 7, effective July 1, 2021.

46-23-7.2. Proceedings for enforcement.

The superior court shall have jurisdiction to enforce the provisions of this chapter, the coastal resource management program, or any rule, regulation, assent, or order issued pursuant thereto. Proceedings under this section may follow the course of equity, and shall be instituted and prosecuted in the name of and at the direction of the chairperson and council by the attorney general or counsel designated by the council. Proceedings provided in this section shall be in addition to, and may be utilized in lieu of, other administrative or judicial proceedings authorized by this chapter.

History of Section. P.L. 1989, ch. 516, § 2.

46-23-7.3. Criminal penalties.

Any person who knowingly violates any provision of this chapter, the coastal resources management program, or any rule, regulation, assent, or order shall be guilty of a misdemeanor, and, upon conviction thereof shall be fined not more than one thousand dollars ($1,000) or by imprisonment of not more than three (3) months or both; and each day the violation is continued or repeated shall be deemed a separate offense.

History of Section. P.L. 1989, ch. 516, § 2; P.L. 2021, ch. 162, art. 6, § 7, effective July 1, 2021.

46-23-7.4. Penalty for blocking or posting of rights-of-way.

Any person who shall post or block any tidal water, public right-of-way, as designated by the council, shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for not more than three (3) months or both; and each day the posting or blocking continues or is repeated shall be deemed a separate offense. The chairperson of the council, through council’s legal counsel or the attorney general, may apply to any court of competent jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal water, public right-of-way.

History of Section. P.L. 1989, ch. 516, § 2; P.L. 2021, ch. 162, art. 6, § 7, effective July 1, 2021.

46-23-7.5. Prosecution of criminal violations.

The chairperson and anyone designated by the chairperson, without being required to enter into any recognizance or to give surety for cost, may institute proceedings in the name of the state. It shall be the duty of the attorney general and/or the solicitor of the city or town in which the alleged violation has occurred to conduct the prosecution of all the proceedings. The chairperson may delegate his or her authority to bring prosecution by complaint and warrant to any law enforcement officials authorized by law to bring complaints for the issuance of search or arrest warrants pursuant to chapters 5 and 6 of title 12.

History of Section. P.L. 1989, ch. 516, § 2.

46-23-8. Gifts, grants, and donations.

The council is authorized to receive any gifts, grants, or donations made for any of the purposes of its program, which shall be deposited as general revenues, and to disburse and administer the gifts, grants, or donations amounts appropriated in accordance with the terms thereof. The council is authorized to receive any sums provided by an applicant for use by the council in its hearing process, which shall be deposited as general revenues, and to disburse and administer the general revenue amounts appropriated in accordance with the rules and regulations promulgated by the council.

History of Section. P.L. 1971, ch. 279, § 1; P.L. 1990, ch. 461, § 10; P.L. 1995, ch. 370, art. 40, § 162.

46-23-9. Subpoena.

The council is hereby authorized and empowered to summon witnesses and issue subpoenas in substantially the following form:

Sc. To of greeting: You are hereby required, in the name of the state of Rhode Island, to make your appearance before the commission on in the city of on the day of to give evidence of what you know relative to a matter upon investigation by the commission on and produce and then and there have and give the following: Hereof fail not, as you will answer to default under the penalty of the law in that behalf made and provided. Dated at the day of in the year .

Click to view

History of Section. P.L. 1971, ch. 279, § 1.

Compiler’s Notes.

In 2021, “state of Rhode Island” was substituted for “state of Rhode Island and Providence Plantations” in the form in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state's name.

46-23-10. Cooperation of departments.

All other departments and agencies and bodies of state government are hereby authorized and directed to cooperate with and furnish such information as the council shall require.

History of Section. P.L. 1971, ch. 279, § 1.

46-23-11. Rules and regulations.

The rules and regulations promulgated by the council shall be subject to the Administrative Procedures Act.

History of Section. P.L. 1971, ch. 279, § 1.

NOTES TO DECISIONS

In General.

There is adequate provision in this chapter for notice to interested parties concerning actions to be taken by the council. Santini v. Lyons, 448 A.2d 124, 1982 R.I. LEXIS 949 (R.I. 1982).

46-23-12. Representation from coastal communities.

Upon the expiration of a term of a member appointed by the governor, as an appointed or elected official of local government from a coastal municipality as set out in § 46-23-2 , the governor shall appoint an appointed or elected official of a coastal municipality which, at the time of the governor’s appointment, has no appointed or ex officio representation on the council.

History of Section. P.L. 1971, ch. 279, § 1.

46-23-13. Application and hearing fees.

The council shall be authorized to establish reasonable fees for applications and hearings. All fees collected by the council, including fees collected for leases, shall be deposited as general revenues. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for payment of such sum or sums as may be necessary from time to time and upon receipt by him or her of duly authenticated vouchers presented by the commissioner of coastal resources management.

History of Section. P.L. 1973, ch. 197, § 3; P.L. 1989, ch. 399, § 2; P.L. 1990, ch. 461, § 10; P.L. 1995, ch. 370, art. 40, § 162.

46-23-14. Expert testimony.

The council shall be authorized to engage its own expert and outside consultants, and the council shall be empowered to use that testimony in making its decisions.

History of Section. P.L. 1973, ch. 197, § 3.

46-23-15. Federal grants and interstate cooperation.

The council is authorized to accept any federal grants. It is further given the power to administer land and water use regulations as necessary to fulfill their responsibilities under the Federal Coastal Zone Management Act, 16 U.S.C. § 1451 et seq., and to acquire fee simple and less than fee simple interests under any federal or state program. The council is authorized to coordinate and cooperate with other states in furtherance of its purposes. The council may expend those grants and appropriations. The coastal resources management council for the purposes of the federal Coastal Zone Management Act, 16 U.S.C. § 1451 et seq., is the coastal zone agency under §§ 301 through 313 and §§ 318 and 6217 of said act.

History of Section. P.L. 1973, ch. 197, § 3; P.L. 1991, ch. 332, § 3; P.L. 1995, ch. 76, § 2; P.L. 1995, ch. 196, § 1.

46-23-15.1. Coordination of harbor safety and enforcement patrols.

Coastal municipalities which share a common boundary along their public waters may enter into a binding memorandum of agreement allowing for harbormasters and other officials charged with enforcement of harbor management plan harbor ordinances from one coastal municipality to enforce the harbor ordinances of the bordering coastal municipality upon the public waters of the bordering coastal municipality when the coastal municipalities have harbor management plans approved by the coastal resources management council and the memorandum of agreement is approved by the respective town or city councils. This binding memorandum of agreement shall specify how each coastal municipality is to receive any fines collected under this reciprocal enforcement agreement and the jurisdiction in which any disputes arising out of this reciprocal enforcement agreement shall be litigated.

History of Section. P.L. 1995, ch. 157, § 1.

46-23-16. Length of permits, licenses, and easements.

The council is authorized to grant permits, licenses, and easements for any term of years or in perpetuity. Permits, licenses, or easements which are issued by the council for the filling of the submerged or submersible lands of the state of Rhode Island remain subject to the public trust, and no title is conveyed by such documents. All such permits, licenses, and easements shall clearly state that no title is being conveyed. Permits, licenses or easements issued by the council are valid only with the conditions and stipulation under which they are granted and imply no guarantee of renewal. The initial application or an application for renewal may be subject to denial or modification. If an application is granted, said permit, license and easement may be subject to revocation and/or modification for failure to comply with the conditions and stipulations under which the same was issued or for other good cause. The division of coastal resources of the department of environmental management shall transfer all of the records and files of the former division of harbours and rivers to the council.

History of Section. P.L. 1973, ch. 197, § 3; P.L. 1976, ch. 329, § 3; P.L. 1991, ch. 42, § 2; P.L. 1998, ch. 358, § 1.

46-23-17. [Repealed.]

History of Section. P.L. 1977, ch. 270, § 5; Repealed by P.L. 2019, ch. 191, § 4, effective July 15, 2019; P.L. 2019, ch. 244, § 4, effective July 15, 2019.

Compiler’s Notes.

Former § 46-23-17 concerned annual progress report on rights-of-way.

46-23-18. Prohibited activities.

  1. No person, either as principal, agent or servant nor any firm, corporation, or any other entity shall, without a permit issued by the coastal resources management council, construct a marina within two thousand feet (2000´) of a shellfish management area as defined by rules and regulations of the department of environmental management. Such permit shall include any permit required under subsection (b).
  2. No person, either as principal, agent, or servant, or any firm, corporation or any other entity, shall, within the tidal waters of the state, conduct or cause to conduct dredging, transportation and/or disposal of dredge materials without a permit issued by the coastal resources management council, a water quality certification issued by the department of environmental management pursuant to chapter 12 of this title and any permit required by the army corps of engineers. In addition, no person, either as principal, agent, or servant, nor any firm, corporation or any other entity, shall dispose of dredge materials other than in tidal waters without any permit, approval or certification that may otherwise be required.

History of Section. P.L. 1972, ch. 111, § 1; P.L. 1983, ch. 209, § 1; P.L. 1996, ch. 271, § 2; P.L. 1996, ch. 281, § 2.

46-23-18.1. Permitting.

  1. Any person, either as principal, agent, or servant, or any firm, corporation or any other entity desiring to conduct any activity or activities specified in § 46-23-18 shall file an application for a permit with the coastal resources management council upon forms furnished by coastal resources management council.
  2. A hearing shall be held on the application within thirty (30) days of filing.
  3. The applicant shall bear the burden of proving that the activity or activities specified in the application will cause no significant adverse impact upon the environment or natural resources of the state, and the coastal resources management council shall be empowered to deny the application if the applicant does not demonstrate, in addition to other requirements of this chapter, that the activity or activities will not:
    1. Significantly adversely affect any shellfish management area as designated by the department of environmental management or the marine fisheries council;
    2. Be in a significant conflict with the marine ecology within or adjacent to the state’s territorial waters; or
    3. Significantly harm or destroy existing fishing grounds.
  4. With respect to an application seeking a permit from the coastal resources management council to conduct or cause to conduct dredging, transportation and/or disposal of dredge material, the applicant shall also satisfy the council that the proposal in the application is consistent with a comprehensive program developed pursuant to § 46-23-6(1)(ii)(H) .
  5. In determining whether an applicant has met the burden of proof under subsection (c), the coastal resources management council shall apply standards that conform with the federal Environmental Protection Agency’s applicable standards and guidelines for the management of dredge materials, including, but not limited to, the federal Environmental Protection Agency’s rules, regulations and guidelines for deviating from said standards.
  6. The applicant shall, at least three (3) days before commencing any dredging, give written notice to the coastal resources management council of the intent to commence the activities specified in the permit.

History of Section. P.L. 1996, ch. 271, § 3; P.L. 1996, ch. 281, § 3.

46-23-18.2. Rules and regulations.

The council, upon recommendation by the coastal resources advisory committee, shall issue reasonable rules and regulations governing the dredging, transporting and disposal of all dredge materials in accordance with this chapter.

History of Section. P.L. 1996, ch. 271, § 3; P.L. 1996, ch. 281, § 3.

46-23-18.3. Sites for disposal of spoil from dredge operations, selection.

  1. The council, upon recommendation of the coastal resources advisory committee, on or before the first day of January, 1999 and periodically thereafter as necessary, shall consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H) identify and establish one or more in-water disposal sites to be used for the purpose of disposal of dredge materials from marinas and yacht clubs.
  2. The council, upon recommendation of the coastal resources advisory committee, on or before the first day of January, 2002 and periodically thereafter as necessary, shall consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H) identify and establish one or more in-water disposal sites to be used for the purpose of disposal of dredge materials from all sources not otherwise delineated in (a) above.

History of Section. P.L. 1996, ch. 271, § 3; P.L. 1996, ch. 281, § 3; P.L. 1998, ch. 359, § 1.

46-23-18.4. Enforcement.

The provisions of §§ 46-23-18 through 46-23-18 .3 shall be enforced by the coastal resources management council. Nothing herein shall be deemed to abrogate the department of environmental management’s authority to enforce its water quality standards adopted pursuant to § 46-12-3(7) or (24).

History of Section. P.L. 1996, ch. 271, § 3; P.L. 1996, ch. 281, § 3.

46-23-18.5. Fees for disposal.

The council is authorized to impose a fee of not less than eleven dollars and sixty-five cents ($11.65) per cubic yard for the disposal of dredge materials at the sites established by the council pursuant to § 46-23-18.3 , with eleven dollars and sixty-five cents ($11.65) being deposited into the general fund. The amount of the fee established by the council pursuant to the section shall be reviewed by the council on an annual basis and revised as the council deems necessary, but in no event shall the fee be set at an amount less than eleven dollars and sixty-five cents ($11.65) per cubic yard of material.

History of Section. P.L. 2006, ch. 246, art. 36, § 1.

46-23-18.6. Coastal Resources Management Council Dredge Fund.

There is hereby created a separate fund to be held by the coastal resources management council to be known as the dredge fund. Any amount charged above the eleven dollars and sixty-five cents ($11.65) must be deposited into the fund and shall not be deposited into the general fund of the state, but shall be kept by the general treasurer of the state in a separate fund for the coastal resources management council, and shall be paid out by the treasurer upon the order of the council, without the necessity of appropriation or re-appropriation by the general assembly. Funds must be used to create additional dredging and disposal options.

History of Section. P.L. 2006, ch. 246, art. 36, § 1.

46-23-19. Repealed.

Repealed Sections.

Former section 46-23-19 (P.L. 1985, ch. 181, art. 29, § 14) concerning the transfer of powers and functions from the coastal resources management council, was repealed by P.L. 1988, ch. 129, art. 19, § 1, effective July 1, 1988.

46-23-20. Administrative hearings.

All contested cases, all contested enforcement proceedings, and all contested administrative fines shall be heard by the administrative hearing officers, or by subcommittees as provided in § 46-23-20.1 , pursuant to the regulations promulgated by the council; provided, however, that no proceeding and hearing prior to the appointment of the hearing officers shall be subject to the provisions of this section. Notwithstanding the foregoing, the commissioner of coastal resources management shall be authorized, in his or her discretion, to resolve contested licensing and enforcement proceedings through informal disposition pursuant to regulations promulgated by the council.

History of Section. P.L. 1985, ch. 212, § 2; P.L. 1990, ch. 461, § 10.

46-23-20.1. Hearing officers — Appointment — Compensation — Subcommittee.

  1. The governor, with the advice and consent of the senate, shall appoint two (2) hearing officers who shall be attorneys-at-law, who, prior to their appointment, shall have practiced law for a period of not less than five (5) years for a term of five (5) years; provided, however, that the initial appointments shall be as follows: one hearing officer shall be appointed for a term of three (3) years and one hearing officer shall be appointed for a term of five (5) years. The appointees shall be addressed as hearing officers.
  2. The governor shall designate one of the hearing officers as chief hearing officer. The hearing officers shall hear proceedings as provided by this section, and the council, with the assistance of the chief hearing officer, may promulgate such rules and regulations as shall be necessary or desirable to effect the purposes of this section.
  3. A hearing officer shall be devoted full time to these administrative duties, and shall not otherwise practice law while holding office nor be a partner nor an associate of any person in the practice of law.
  4. Compensation for hearing officers shall be determined by the unclassified pay board.
  5. Whenever the chairperson of the coastal resources management council or, in the absence of the chairperson, the commissioner of coastal resources makes a finding that the hearing officers are otherwise engaged and unable to hear a matter in a timely fashion, he or she may appoint a subcommittee which will act as hearing officers in any contested case coming before the council. The subcommittee shall consist of at least one member; provided, however, that in all contested cases an additional member shall be a resident of the coastal community affected. The city or town council of each coastal community shall, at the beginning of its term of office, appoint a resident of that city or town to serve as an alternate member of the aforesaid subcommittee should there be no existing member of the coastal resources management council from that city or town available to serve on the subcommittee. Any member of the subcommittee actively engaged in hearing a case shall continue to hear the case, even though his or her term may have expired, until the case is concluded and a vote taken thereon. Hearings before subcommittees shall be subject to all rules of practice and procedure as govern hearings before hearing officers.

History of Section. P.L. 1990, ch. 461, § 11.

46-23-20.2. Clerk.

The commissioner of coastal resources or his or her designee shall serve as clerk to the hearing officers. The clerk shall have general charge of the office, keep a full record of proceedings, file and preserve all documents and papers, prepare such papers and notices as may be required, and perform such other duties as required. The commissioner shall have the power to issue subpoenas for witnesses and documents and to administer oaths in all cases before any hearing officer or pertaining to the duties of his or her office.

History of Section. P.L. 1990, ch. 461, § 11.

46-23-20.3. Prehearing procedure.

  1. Prior to the commencement of any hearing, the hearing officer may in his or her discretion direct the parties or their attorneys to appear before him or her for such conferences as shall be necessary. At the conferences, the hearing officer may order any party to file, prior to the commencement of any formal hearing, exhibits that the party intends to use in the hearing, and the names and addresses of witnesses that the party intends to produce in its direct case, together with a short statement of the testimony of each witness. Following entry of an order, a party shall not be permitted, except in the discretion of the hearing officer, to introduce into evidence, in the party’s direct case, exhibits which are not filed in accordance with the order. At the conference, the hearing officer may designate a date before which he or she requires any party to specify what issues are conceded, and further proof of conceded issues shall not be required. The hearing officer shall also require the parties to simplify the issues, to consider admissions of fact and of documents which will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing officer shall enter an order reciting the concessions and agreements made by the parties, and shall enter an order on such other matters as are pertinent to the conduct of the hearing, and unless modified, the hearing shall be conducted by the order.
  2. The hearing officer may also order the parties to file, prior to the commencement of any hearing, the testimony of any or all of their respective witnesses, and to submit the testimony to the hearing officer and the opposing party or the opposing counsel by such date as the hearing officer shall determine. The witness shall testify under oath, and all of the testimony shall be in a question and answer format. Save for good cause shown, said testimony shall be the direct examination of the witness; provided, however, that the witness shall be available at the hearing for cross-examination by the opposing party or opposing counsel.
  3. The council, with the assistance of the chief hearing officer, shall promulgate, by regulation, such other prehearing procedures and/or hearing procedures as deemed necessary, including the use of portions of the superior court civil rules of discovery where such are not inconsistent with the applicable provisions of the Administrative Procedures Act, chapter 35 of title 42.

History of Section. P.L. 1990, ch. 461, § 11.

46-23-20.4. Hearings — Orders.

  1. Subject to the provisions of this chapter, every hearing for the adjudication of a violation or for a contested matter shall be held before a hearing officer or a subcommittee. The chief hearing officer shall assign a hearing officer to each matter not assigned to a subcommittee. After due consideration of the evidence and arguments, the hearing officer shall make written proposed findings of fact and proposed conclusions of law which shall be made public when submitted to the council for review. The council may, in its discretion, adopt, modify, or reject the findings of fact and/or conclusions of law; provided, however, that any modification or rejection of the proposed findings of fact or conclusions of law shall be in writing and shall state the rationales therefor.
  2. The director of the department of environmental management and the coastal resources management council shall promulgate such rules and regulations, not inconsistent with law, as to assure uniformity of proceedings as applicable.

History of Section. P.L. 1990, ch. 461, § 11.

Law Reviews.

John Maxwell Greene, Matunuck Beach: Bringing Coastal Erosion into Focus, 18 Roger Williams U. L. Rev. 200 (2013).

46-23-20.5. Ex parte consultations.

Council members shall have no communication directly or indirectly, with a hearing officer relating to any issue of fact or of law on any matter then pending before the hearing officer.

History of Section. P.L. 1990, ch. 461, § 11.

46-23-20.6. Oaths — Subpoenas — Powers of hearing officers.

The hearing officers are hereby severally authorized and empowered to administer oaths, and the hearing officers, in all cases of every nature pending before them, are hereby authorized and empowered to summon and examine witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates and other legal evidence that may be necessary or proper for the determination and decision of any question before or the discharge of any duty required by law of the hearing officer. All subpoenas and subpoena duces tecum shall be signed by a hearing officer or the commissioner of coastal resources, and shall be served as subpoenas are served in civil cases in the superior court; and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are provided for witnesses in civil cases in the superior court. In cases of contumacy or refusal to obey the command of the subpoena so issued, the superior court shall have jurisdiction upon application of the council with proof by affidavit of the fact, to issue a rule or order returnable, in not less than two (2) nor more than five (5) days, directing the person to show cause why he or she should not be adjudged in contempt. Upon return of such order, the justice, before whom the matter is brought for hearing, shall examine under oath the person, and the person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined or to answer legal or pertinent questions, he or she may impose a fine upon the offender or forthwith commit the offender to the adult correctional institutions, there to remain until he or she submits to do the act which he or she was so required to do, or is discharged according to law.

History of Section. P.L. 1990, ch. 461, § 11.

46-23-21. Notice of permit — Recordation.

A notice of permit shall be eligible for recordation under chapter 13 of title 34 as determined by the executive director, and shall be recorded at the expense of the applicant in the land evidence records of the city or town where the property subject to permit is located, and any subsequent transferee of the property shall be responsible for complying with the terms and conditions of the permit. The clerk of the various cities and towns shall record any orders, findings, or decisions of the council at no expense to the council.

History of Section. P.L. 1988, ch. 423, § 1; P.L. 1990, ch. 461, § 10.

46-23-22. Solid waste disposal licenses — Hearings.

The chairperson of the coastal resources management council and the commissioner of the environmental protection branch of the department of environmental management shall coordinate concurrent hearings on solid waste disposal license applications; provided, however, that the chairperson and the commissioner of the environmental protection branch of the department of environmental management may designate a hearing officer or subcommittee to hear all matters pertaining to the application and; provided further, that the hearing officer may be from the department of environmental management, the coastal resources management council hearing officer, a subcommittee, or an ad hoc hearing officer. The commissioner of coastal resources management with the approval of the chairperson may waive jurisdiction in those instances where the commissioner finds that there is no substantive coastal resources issue or that another agency or branch has adjudicated or addressed the issue.

History of Section. P.L. 1989, ch. 508, § 8; P.L. 1990, ch. 461, § 10.

46-23-23. Municipal comprehension plan consideration.

The coastal resources management council shall conform to the requirements of the Comprehensive Planning and Land Use Regulation Act, § 45-22.2.

History of Section. P.L. 1992, ch. 133, art. 114, § 6.

46-23-24. Lien on property.

The executive director may record the notice of fee or final order of fine as a lien on the subject property in the land evidence records of the town or city in which said property is located. Recordation of said fee or final order of fine shall be the only manner by which said lien may be perfected against the subject property.

History of Section. P.L. 1992, ch. 355, § 1.

46-23-25. Issuance of beach vehicle registration permits.

  1. The coastal resources management council may issue beach vehicle registration permits in accordance with § 31-8-1.1 of the general laws and adopt regulations that the council deems necessary to carry out the provisions of this section. The council may appoint responsible citizens or corporations of the state, engaged in operating sporting goods stores to act as agents with authority to issue permits in the manner and under the conditions as set forth below. Before an appointment shall occur, that citizen or corporation of the state shall deliver to the council a bond with a surety company authorized to do business in the state of Rhode Island. The requirements and conditions of the bond shall be established by the regulations.
  2. Any person or corporation appointed by the council as provided in section (a) above shall, upon the application of any person entitled to receive a permit under this chapter and upon payment of the specified permit fee, register and issue to the person a beach vehicle registration permit in the form prescribed and furnished by the council. The permit shall bear the name, place of residence, and signature of the registrant, and the vehicle make, model, year, and license plate number and shall authorize the registrant to own and operate a beach vehicle in the state of Rhode Island during those seasons and in those manners and according to those conditions as shall be provided by regulations established by the council.

History of Section. P.L. 2007, ch. 322, § 1.

Chapter 23.1 The Coastal and Estuary Habitat Restoration Program and Trust Fund

46-23.1-1. Findings and purpose.

Coastal and estuarine habitat such as coastal wetlands, anadromous fish runs, and eelgrass beds are threatened, damaged, or have been destroyed by historic pollution, oil spills, incompatible development, and other factors. The coastal and estuarine habitats of Rhode Island’s waters provide great benefits to the citizens of this state including, but not limited to, protection from coastal storms and erosion. Coastal and estuarine habitat resources also serve as nurseries and breeding grounds for important recreational and commercial finfish and shellfish populations, capture and filter run-off pollution, and significantly contribute to the state’s economic, community and ecological health. Restoration of tidally restricted coastal wetlands can also ensure protection of human health and safety by controlling populations of certain salt marsh mosquitoes known to carry the Eastern Equine Encephalitis virus. The state’s economy is directly dependent on the health and productivity of Rhode Island’s coastal waters, including Narragansett Bay and the coastal ponds. Destruction of coastal and estuarine habitats has been identified as one of the leading causes of decline in economically important fish, shellfish, and other natural resources. Restoring degraded coastal and estuarine habitats is essential for reversing declines in fishery resources and protecting human health and safety. Since healthy and diverse coastal and estuarine habitats are better able to support fish and wildlife resources that have been impacted, and are likely to be impacted in the future, by pollution events such as oil spills, an investment by the state of Rhode Island to provide restoration planning and technical expertise and to implement measures to restore coastal and estuary habitats is vital to the economic prosperity and quality of life of the citizens of the state.

History of Section. P.L. 2002, ch. 62, § 1.

46-23.1-2. Definitions.

For the purposes of this chapter, the following definitions shall apply:

  1. “Council” means the coastal resources management council, its director or designee;
  2. “Degraded habitat” means a habitat that has been negatively affected by human impacts, resulting in the loss or impairment of the following ecological functions including, but not limited to: finfish, shellfish, and wildlife nursery, spawning and foraging; water quality maintenance; pollutant removal; biological diversity; aquatic productivity; mosquito control; flood and storm damage; and erosion protection;
  3. “Director” means the director of the department of environmental management, or his or her designee;
  4. “Estuary” means a body of water where water from rivers, streams or groundwater meets salt water from the ocean;
  5. “Habitat” means an area or place where plants or animals live. Rhode Island coastal and estuarine environments include a diversity of habitat types that provide food, nesting and resting areas, and shelter for fish and wildlife. For purposes of this chapter, types of habitat include: coastal wetlands, such as salt and brackish marshes; sea grass meadows, including eelgrass (Zostera marina); and widgeon grass (Ruppia maritima); and anadromous fish runs;
  6. “Restoration” means the act, process, or result of returning a habitat to an approximation of its condition prior to disturbance. Restoration activities may include, but are not limited to, the reestablishment of physical parameters, including reestablishing or maintaining hydrology, whether by reestablishing river or tidal flow, restoring flood regimes, or reestablishing topography; control of exotic, non-native or invasive species of plants or animals; revegetation through native plantings or natural succession; removal of barriers or construction of fish ladders to provide passage for spawning or migrating fish; or controlling, reducing or eliminating other specific adverse impacts;
  7. “The program” means the Rhode Island interagency coastal and estuarine habitat restoration program as described in § 46-23.1-5 ;
  8. “The strategy” means the statewide coastal and estuarine habitat restoration strategy as described in § 46-23.1-5 ;
  9. “The trust” means the Rhode Island coastal and estuarine habitat restoration trust fund, as described in § 46-23.1-3 .

History of Section. P.L. 2002, ch. 62, § 1.

46-23.1-3. The Rhode Island coastal and estuarine habitat restoration trust fund.

  1. Establishment.  There is established within the coastal resources management council a Rhode Island coastal and estuarine habitat restoration trust fund (the “trust”). On July 1, 2002, July 1, 2004 and each July 1st thereafter, two hundred and fifty thousand dollars ($250,000) of the fees collected under the uniform oil spill response and prevention statute (§ 46-12.7-4.1 ) shall be deposited into the trust. The trust shall be available for disbursement by the council in accordance with the restrictions and purposes of this chapter and subject to an annual appropriation by the legislature. The trust may also receive federal, state, municipal, and private grants, gifts, or donations. Funds in the trust shall not be used for mitigating any current, planned or future projects that degrade, fill, or otherwise destroy coastal or estuarine habitats. Funds in the trust shall not be used to fulfill any liability for restoration required by any local, state or federal agency pursuant to an environmental or public health enforcement action.
  2. Funding of estuary and coastal habitat restoration activities.  Factors to be taken into account by the technical committee for the purposes of granting monies for estuary and coastal habitat restoration activities, determining the eligibility of an estuary and coastal habitat restoration projects for financial assistance, and in prioritizing the selection of estuary and coastal habitat restoration projects by the technical committee shall include, but need not be limited to:
    1. Consistency with the state estuary and coastal habitat restoration strategy, the Narragansett Bay comprehensive conservation and management plan, the state coastal nonpoint pollution control plan, the coastal resources management program, the department of environmental management regulations, and pertinent elements of the state guide plan;
    2. The ability of the applicant to provide adequate personnel funding, and authority to carry out and properly maintain the estuary and coastal habitat restoration activity;
    3. The proposed monitoring plan to ensure that short-term and long-term restoration goals are achieved;
    4. The effectiveness of any nonpoint source pollution management efforts upstream and the likelihood of re-impairment;
    5. Whether the estuary and coastal habitat restoration activity can be shown to replace habitat losses that benefit fish and wildlife resources;
    6. Potential water quality improvements;
    7. Potential improvements to fish and wildlife habitats for species which 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.];
    8. The level and extent of collaboration by partners (e.g., municipality, nongovernment organization, watershed council, federal agency, etc.); and
    9. Potential direct economic benefit to a community or the state.

History of Section. P.L. 2002, ch. 62, § 1; P.L. 2004, ch. 595, art. 44, § 1.

Compiler’s Notes.

In 2002, the compiler deleted a subdivision (a)(1) designation, and added the subsection heading in subsection (a).

Federal Act References.

The bracketed reference to the United States Code in subdivision (b)(7) was inserted by the compiler.

46-23.1-4. Allocation of the trust.

Funds from the trust shall be used to carry out the purposes of this chapter as follows:

  1. The administrative, personnel and equipment expenses required to carry out the activities of the program as described in this chapter. The council shall be responsible for submitting annual budget requests for its administrative and implementation costs of the program;
  2. The design, planning, construction, and monitoring of coastal and estuarine restoration projects as described in § 46-23.1-5 ; and
  3. Restoration projects that are not identified by the statewide coastal and estuary habitat restoration plan nor approved through the restoration grants process shall not be eligible for funding under this program.

History of Section. P.L. 2002, ch. 62, § 1.

46-23.1-5. The Rhode Island coastal and estuarine habitat restoration program — Established.

  1. The council shall develop and implement a coastal and estuarine habitat restoration program for the state of Rhode Island. The program shall consist of the following elements and perform the listed tasks:
    1. Develop a statewide coastal and estuarine habitat restoration strategy.  Within one year of enactment [June 13, 2002], the program, with the assistance from the technical advisory committee, shall adopt a statewide coastal and estuarine habitat restoration plan that provide for the conservation and restoration of the state’s coastal and estuarine habitats. The plan shall be developed with comprehensive public, agency, legislative and stakeholder participation, and shall include the following elements:
      1. A description of the state’s coastal and estuarine habitats, including a consideration of their importance to the economy, ecology and quality of life in the state and in local communities;
      2. Quantitative and qualitative restoration goals pertaining to coastal wetlands, eelgrass beds, and anadromous fish runs;
      3. An inventory of coastal and estuarine restoration projects, along with criteria for prioritizing and selecting projects for implementation;
      4. A projected comprehensive budget and timeline necessary to accomplish the goals of the plan;
      5. Identification of municipal, state, federal, private, or other funding and resources to assist in the development or implementation of the plan;
      6. An outreach element to educate municipal officials, civic and nonprofit organizations, educational institutions and the general public about the availability of restoration grants; and
      7. Provisions for updating the plan and project inventory periodically.
    2. Restoration grants.
      1. The program shall establish and execute an annual process for the solicitation, evaluation and award of restoration grants for projects that seek to restore coastal and estuarine habitats. The technical advisory committee or a subcommittee of it shall serve as an advisory board to the council and the program staff throughout this process. Entities qualified to apply for and receive grants for design, planning, construction or monitoring under this section include all of the following: cities and towns; any committee, board, or commission chartered by a city or town; nonprofit corporations; civic groups, educational institutions; and state agencies.
      2. The program shall submit to the governor and the general assembly during annual budget preparations a list of restoration project proposals that have received a positive review by the technical advisory committee and require funds from the trust to proceed with design, planning, construction or monitoring during the ensuing year.
  2. Nothing contained in this section is intended to abrogate or effect the existing powers of the department of environmental management or the coastal resources management council.

History of Section. P.L. 2002, ch. 62, § 1; P.L. 2007, ch. 340, § 57.

46-23.1-5.1. Eligibility.

In order to be eligible for direct grant assistance from the fund, applicants must demonstrate all of the following:

  1. Demonstrate the ability to accomplish the project;
  2. Compliance with any applicable element of the state estuary and coastal habitat restoration strategy; and
  3. Successful completion of an estuary and coastal habitat restoration application as developed by the technical committee, and a favorable recommendation of grant assistance from the technical committee to the council.

History of Section. P.L. 2002, ch. 62, § 1.

46-23.1-6. Interim project approval.

Prior to formal adoption of the statewide coastal and estuarine habitat restoration strategy individual projects that meet the definition of restoration contained in § 46-23.1-2 and have been previously identified by state or federal agencies may be approved by the program, in consultation with the technical advisory committee. Such projects may be submitted for funding as described in § 46-23.1-5(3)(i).

History of Section. P.L. 2002, ch. 62, § 1.

Chapter 23.2 The Comprehensive Watershed and Marine Monitoring Act of 2004

46-23.2-1. Title.

The chapter shall be known and may be cited as “The Comprehensive Watershed and Marine Monitoring Act of 2004.”

History of Section. P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1.

46-23.2-2. Legislative findings.

  1. The general assembly finds and declares that there is a need for an environmental monitoring system in the state that is capable of:
    1. Measuring the changing conditions in the functionality and health of the waters of the state, including, but not limited to, Narragansett Bay and its watersheds, with one purpose being identifying and predicting potential problems in the marine and freshwater habitats;
    2. Providing a data-based management system that employs central database via the internet to store an internet-based electronic system to monitor, store and disseminate the analysis of this data to decision-makers and the public;
    3. Establishing a mechanism to coordinate and make consistent, monitoring efforts between government agencies, municipalities, nonprofit organizations and universities; and
    4. Providing the comprehensive data needed to assess a sudden perturbation in the marine and freshwater environments and to contribute to efforts of disaster prevention, preparedness, response and recovery as defined in chapter 15 of title 30 entitled “The Rhode Island Emergency Management Act.”
  2. The general assembly recognizes and declares that the health of the waters of the state, including, but not limited to, Narragansett Bay and its watersheds needs to be monitored comprehensively on a long-term basis in order to be proactive in planning and responsive to potential problems in the environment, including those that may arise due to a changing climate. The availability of consistent environmental data supports planning and management and provides resource managers, decision-makers and citizens with information on how marine and freshwater habitats are responding to management programs and what adjustments need to be made to existing programs or what new programs must be implemented to achieve healthy marine and freshwater environments.
  3. The general assembly recognizes the need for an integrated mechanism by which individual monitoring efforts can be coordinated and managed as a system in which the functionality of Narragansett Bay, its watersheds and other watersheds are measured and individual planning and management efforts are adjusted to respond to support effective environmental management.

History of Section. P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1; P.L. 2015, ch. 141, art. 16, § 4.

46-23.2-3. Purpose.

The purpose of this chapter is to establish a comprehensive watershed and marine monitoring system that provides consistent and useful data to resource managers, decision-makers and the public concerning the health of the marine environment of the state. The Rhode Island environmental monitoring collaborative is hereby established with the purposes of organizing, coordinating, maintaining and supporting the watershed and marine monitoring system of the state.

History of Section. P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1.

46-23.2-4. Definitions.

For the purpose of this chapter, the following definitions shall apply:

  1. “Collaborative”  means a group of organizations, agencies and individuals assembled for the purposes of organizing, coordinating, maintaining and supporting the watershed and marine monitoring programs within Narragansett Bay and the watersheds of the state.
  2. “Monitoring program”  means any scientific or educational data collection activity that measures the changing conditions in, and the functionality and health of the waters of the state.
  3. “Perturbation”  means a disturbance in the natural environment that is produced from some force additional to that which causes the natural state of that environment.

History of Section. P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1.

46-23.2-5. The Rhode Island environmental monitoring collaborative — Creation.

  1. There is hereby authorized, created and established the “Rhode Island environmental monitoring collaborative” (also known as the   “collaborative”) with such powers as are set forth in this chapter, for the purposes of organizing, coordinating, maintaining and supporting the environmental monitoring systems within Narragansett Bay, its watersheds and other watersheds in Rhode Island. The collaborative shall consist of ten (10) members, one representative from each of the following: Coastal Institute at the University of Rhode Island (“URI”) Bay Campus (chair); coastal resources management council; department of environmental management, water quality; department of environmental management, fisheries; department of health; URI Watershed Watch; URI Graduate School of Oceanography; Narragansett Bay commission; Statewide Planning Program (RIGIS) Division; and URI Environmental Data Center. Members of the collaborative shall serve without salary but may be paid expenses incurred in the performance of their duties.
  2. The collaborative shall work with other organizations and agencies that monitor Narragansett Bay and its watersheds to perform the powers and duties established herein. These include, but are not limited to, the Environmental Protection Agency, National Oceanic and Atmospheric Agency, Natural Resources Conservation Service, U.S. Fish and Wildlife, U.S. Geological Survey, Massachusetts Executive Office of Environmental Affairs, Narragansett Bay Estuary Program, Brown University, Roger Williams University, Rhode Island Natural History Survey, Save the Bay, Rhode Island Sea Grant, URI Cooperative Extension, and the Rhode Island Rivers Council.

History of Section. P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1; P.L. 2015, ch. 141, art. 16, § 4.

46-23.2-6. Powers and duties.

The collaborative shall have the following powers:

  1. To effectuate and implement a state monitoring strategy that addresses critical state resource management needs, including, but not limited to, water quality protection, water pollution control, fisheries and wildlife management, habitat restoration, coastal management, public health protection and emergency response and that assesses and tracks environmental health and function. Within six (6) months of its enactment, the collaborative shall adopt a statewide monitoring strategy that will provide cost-effective and useful policies, standards, protocols and guidelines for monitoring programs undertaken for the waters of the state. This strategy shall be reviewed and updated every five (5) years. This strategy shall include the following elements:
    1. An inventory of existing monitoring programs;
    2. An outline of additional monitoring programs the state needs;
    3. A list of indicators that will be used to measure the health of the marine and freshwater habitats of the state;
    4. Identification of data standards and protocols that will be used on a reasonable and consistent basis by monitoring programs that contribute data to the state monitoring system;
    5. A plan for data sharing among all monitoring programs that optimizes the ability of both monitors and users to securely access monitoring data via the Internet and to retain the integrity of such data;
    6. A plan to provide data from the state environmental monitoring system for disaster prevention, preparedness, response and recovery efforts in the marine environment; and
    7. A communications strategy to provide for public access to monitoring data.
  2. To assist with the development and implementation of a state water monitoring and assessment program, developed consistent with guidance issued by the United States Environmental Protection Agency, and to augment such a program to achieve the purposes of this strategy set forth in subdivision (1).
  3. To prepare an annual report in the month of January to the governor and general assembly on the activities for the preceding year as well as the predicted financial needs of the system for the upcoming fiscal year.
  4. To enter into data sharing agreements with federal and state agencies, municipalities and nongovernmental organizations for the purposes of coordination and management of monitoring data and programs.
  5. To accept grants, donations and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, from this state and its agencies, or from any other source, and to use or expend those moneys, services, materials or other contributions in carrying out the purposes of this chapter.
  6. To enter into agreements for staff support that it deems necessary for its work, and to contract with consultants for the services it may require to the extent permitted by its financial resources.

History of Section. P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1; P.L. 2015, ch. 141, art. 16, § 4.

46-23.2-7. Assistance by state officers, departments, boards and commissions.

  1. All state agencies may render any services to the collaborative within their respective functions as may be requested by the collaborative.
  2. Upon request of the collaborative, any state agency is authorized and empowered to transfer to the collaborative any officers and employees as it may deem necessary from time to time to assist the collaborative in carrying out its functions and duties under this chapter.

History of Section. P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1.

46-23.2-8. Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1.

Chapter 23.3 The Ocean State Climate Adaptation and Resilience Fund

46-23.3-1. Short title.

This chapter shall be known as the “Ocean State Climate Adaptation and Resilience Fund.”

History of Section. P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.

Compiler's Notes.

P.L. 2021, ch. 377, § 2, and P.L. 2021, ch. 378, § 2 enacted identical versions of this chapter.

Legislative Findings.

P.L. 2021, ch. 377, § 1 and P.L. 2021, ch. 378, § 1 provide: “Legislative findings and purpose.

“The general assembly hereby finds and declares that:

“(1) The production, transport, and use of fossil fuels have significant impacts on the environment.

“(2) The impacts of climate change upon Rhode Island's built and natural environments are wide-ranging, discernible, and documented, and, in many cases growing in severity and include sea level rise, coastal erosion, increased precipitation, flooding, and storm surge.

“(3) As of 2016, the range in sea level rise change is projected by the National Oceanic and Atmospheric Administration to be a maximum of approximately one foot (1´) in 2035, two feet (2´) in 2050, and up to nine feet (9´) by 2100.

“(4) Annual precipitation has increased by two inches (2") since 1950 and more intense rainfall is flooding low-lying areas and threatening public infrastructure.

“(5) Climate change has and will continue to pose significant risks for state and municipal infrastructure and our environment, public health, welfare, and economic well-being.

“(6) Providing areas for coastal and estuarine habitats to migrate is essential to preserving coastal and marine wildlife resources.

“(7) Ecosystem services that natural environments provide, such as dampening of wave energy and flood storage, are at risk due to climate change, and protecting natural systems is vital to protecting built infrastructure and is cost effective.

“(8) Rhode Island infrastructure is at risk and the state must begin to plan and implement projects to adapt to changing conditions.

“(9) Reducing the vulnerability of our infrastructure is vital to the economic prosperity and quality of life of the citizens of the state.

“(10) The state, cities, and towns need a dedicated, long-term source of funding to assist in implementing projects to address the impacts of climate change.

“(11) The purpose of this chapter is to create the Ocean State Climate Adaptation and Resilience (OSCAR) fund as a dedicated long-term source of grant funds to enable cities and towns to implement projects that restore and improve the climate resilience of vulnerable coastal habitats, as well as river and stream floodplains with priority to projects that improve community resilience and public safety.”

46-23.3-2. Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

  1. “Adaptation and resilience projects” means those projects on public land that protect or enhance coastal or riverine habitats to address climate change impacts. Adaptation and resilience projects include, but are not limited to: those projects that reduce the vulnerability of low-lying infrastructure on public land through measures that include removal and relocation of infrastructure; restoration of river and stream floodplains, including regrading of banks; revegetation; acquisition of that area of land necessary to maintain and preserve public access; and redesigning, resizing, and replacing culverts and bridge spans at existing wetland crossings.
  2. “Bank” means the Rhode Island infrastructure bank.
  3. “Climate change impacts” means and includes, but is not limited to: flooding, erosion, sea level rise, and storm surge.
  4. “Council” means the coastal resources management council.
  5. “Department” means the department of environmental management.
  6. “Director” means the director of the department of environmental management.
  7. “Infrastructure” means and includes, but is not limited to: roads, parking lots, and other paved surfaces; shoreline protection structures; buildings; water control structures; culverts; other structures; and remnants of development.
  8. “Public land(s)” means property owned by state or municipal governments, including any quasi-public agencies thereof, public and private lands dedicated to public use, including lands that provide access to shorelines and riverbanks. Public lands include properties where the state or municipality holds an easement for public purposes.
  9. “Shoreline protection structures” means and includes, but is not limited to: revetments, bulkheads, seawalls and floodwalls, breakwaters, jetties, and other structures, the purpose or effect of which is to control the erosion of coastal or river features, and includes, but is not limited to, any sheet pile walls, concrete or stone walls.

History of Section. P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.

46-23.3-3. Technical advisory committee.

There is hereby established a technical advisory committee consisting of four (4) members as follows: one member shall be the director of the department of environmental management, or designee; one member shall be the director of the coastal resources management council, or designee; one member shall be the director of the state planning council within the department of administration, or designee; and one member shall be the director of the Rhode Island emergency management authority, or designee. The technical advisory committee shall serve as an advisory board to the department, council, and the program staff.

History of Section. P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.

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

  1. Establishment.  There is established within the Rhode Island infrastructure bank, the Ocean State Climate Adaptation and Resilience fund (the “OSCAR fund”).
  2. 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.
  3. 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.
  4. 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.

History of Section. P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.

46-23.3-5. Eligible and ineligible projects.

  1. Funds in the Ocean State Climate Adaptation and Resilience (OSCAR) fund shall be used solely for adaptation and resilience projects as defined in § 46-23.3-2 .
  2. The OSCAR fund shall not be used for:
    1. Mitigating any current, planned, or future projects that degrade, fill, or otherwise destroy coastal, estuarine, or riverine habitats;
    2. Fulfilling any liability for restoration required by any local, state, or federal agency pursuant to an environmental or public health enforcement action;
    3. With the exception of culverts as specifically described in § 46-23.3-2(1) , elevating, repairing, or replacing infrastructure, or constructing new infrastructure, in its existing location that is experiencing climate change impacts as defined in § 46-23.3-2(3) ;
    4. Constructing new, or repairing existing shoreline protection structures; provided, however, that existing shoreline protection structures on public parks may be repaired; and/or
    5. Constructing roads or bridges.

History of Section. P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.

46-23.3-6. Disbursement process and reporting.

  1. The department and the council shall establish and execute a process, at least annually, for the solicitation, evaluation, and award of grants for projects that meet the requirements set forth in this chapter. The department and council shall forward their respective written notification of approval of a project application to the bank.
  2. The department, the council, and the bank shall jointly submit a report to the speaker of the house of representatives and the president of the senate not later than the tenth day following the convening of each regular session of the general assembly. The report shall include the following:
    1. The amount of money awarded from the OSCAR fund during the preceding fiscal year;
    2. A brief summary of the projects that received funding and a timeline of implementation; and
    3. Any other information requested by the general assembly.
  3. Nothing contained in this chapter is intended to abrogate or affect the existing powers of the department of environmental management, the coastal resources management council, or the bank.

History of Section. P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.

46-23.3-7. Regulations.

The council, the department, and the bank shall adopt all rules and regulations necessary for the administration and enforcement of this chapter.

History of Section. P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.

Chapter 24 Pawtuxet River Authority

46-24-1. Definitions.

  1. The term   “authority” means the corporation created by § 46-24-2 .
  2. The term   “board” means the members of the authority.
  3. The term   “participating community” means the towns of Coventry, West Warwick, and Scituate, and the cities of Warwick and Cranston.
  4. The term   “project” means the Pawtuxet River authority project.
  5. The term   “property” means any or all properties of any public works facilities or part thereof, including plants, works, instrumentalities, incinerators, waste disposal facilities, and all properties used or useful in connection therewith and all parts thereof and all appurtenances thereto, including lands, easements, rights, and lands and water rights, rights of way, contract rights, franchises, approaches, connections, sewer mains, and pipe lines, or any other property incidental to and included in any garbage disposal or incinerator system or part thereof situated within or without the authority’s jurisdiction.
  6. The term   “public works” means and include any function which may be performed by any governmental agency, proprietary or otherwise.
  7. The term   “treasurer” means the treasurer of the authority.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-2. Pawtuxet River authority created.

A board to be known as the Pawtuxet River authority is hereby created. The board shall be a body corporate and politic, constituting a public benefit corporation, and shall serve as the governing body of the authority for the purposes of this chapter. The powers of the corporation shall be vested in and exercised by the majority of the members of the board hereby created and in office.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-3. Composition of board.

  1. The board shall consist of fifteen (15) members, three (3) members to be appointed by the presidents of the town councils of Coventry, West Warwick, and Scituate, respectively, and three (3) members each to be appointed by the mayors of the cities of Warwick and Cranston. Each member so appointed shall serve for three (3) years beginning on the first day of June, except that in the case of the first members appointed, one from each of the above named participating towns and cities shall serve until June 1, 1973, one until June 1, 1974, and one until June 1, 1975. Members shall be appointed during the month of May of each year by the appointing authority, and in the event of a vacancy occurring in the board by reason of the death, resignation, or otherwise of a member, the appointing authority of the town or city, which appointed the member, shall appoint a new member for the unexpired term.
  2. There shall be minority representation on the board as follows: one of the three (3) members from Warwick and Cranston shall be of the political party other than that of the mayor, and in Coventry, West Warwick, and Scituate, one member each shall be of the political party not having a majority of the members of each respective town council. The mayor or the president of the town council shall appoint to the authority a member or members thereof, to represent the city or town, chosen from lists of qualified electors submitted by the respective chairpersons of the city or town political committee, which lists shall contain the names of five (5) times the number of persons to be appointed. These lists shall be submitted on or before May 1 in the year in which a member is to be appointed for a full term; provided, that in the event of a vacancy by reason of death, resignation, or otherwise, the lists shall be submitted within ten (10) days after the vacancy shall occur; provided, further, that for the initial appointments hereunder, the lists shall be submitted within thirty (30) days after May 1, 1972.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-4. Compensation of board and agents.

Each member of the board shall receive an annual salary not to exceed five hundred dollars ($500) per year and shall be entitled to reimbursement of his or her actual and necessary expenses incurred in the performance of his or her official duties. The salaries, compensation, and expenses of all members, officers, employees, and agents shall be paid solely out of the funds of the authority.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-5. Officers and employees of board.

The chairperson of the board shall be selected by the majority vote of the members of the board. The board shall appoint a secretary and treasurer who may, or may not, be members of the board and such other employees as may be necessary in its judgment and fix their compensation.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-6. Business prohibited to members.

No member of the Pawtuxet River authority shall directly or indirectly engage in any contract or agreement for labor, supply of materials for construction, or reconstruction of the physical assets of the district or replacements or additions thereto. No person holding elective office in the participating communities or the general assembly of the state of Rhode Island shall be eligible to be a member of the authority.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-7. Fiscal year.

The fiscal year of the authority shall be from July 1 to June 30.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-8. Annual reports.

The board, during May of each year, shall submit to the councils of the participating cities and towns a report showing actual expenditures for the preceding ten (10) months, and the projected expenditures for the final two (2) months of its fiscal year, as well as a proposed budget for the next fiscal year. This annual report shall include, in addition, a request for any necessary contributions.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-9. Powers of authority.

The authority shall the have power:

  1. To negotiate payments within one or more of the participating communities for the conduct of services or the erection of projects necessary for the purposes of the authority, subject to a majority vote of each of the city and town councils participating in each program or project.
  2. To acquire, hold, use, lease, sell, transfer, and dispose of any property, real, personal, or mixed, or interest or interests thereon.
  3. To own and operate, maintain, repair, improve, enlarge, and extend, in accordance with the provisions of this chapter, any property acquired hereunder, all of which, together with the acquisition of the property, are hereby declared to be public purposes.
  4. To sell, lease, convey, or otherwise dispose of, to any of the participating cities or towns, any property or improvements thereto, which the authority may hereafter acquire or construct; provided, however, that any sale, lease, conveyance, or other disposition of the property shall not prejudice or adversely affect any service which the authority is providing to any other participating city or town.
  5. To sue and be sued.
  6. To adopt and order a corporate seal.
  7. To make bylaws for the management and regulation of its affairs, which bylaws may contain provisions indemnifying any person who is or was a member of the authority, in the manner and to the extent provided in § 7-1.2-814 of the Rhode Island Business Corporation Act.
  8. To borrow money for any of its corporate purposes, including the creation and maintenance of working capital.
  9. To fix rates and collect charges for the use of the facilities of or services rendered by or any commodities furnished by the authority to each of the participating cities or towns, and to pay, as the same shall become due, the expenses of operating and maintaining the properties of the authority.
  10. To contract in its own name for any lawful purpose which would effectuate the provisions of this chapter; to execute all the instruments necessary to carry out the purposes of this chapter; and to do all things necessary or convenient to carry out the powers expressly granted by this chapter. It is the intention of the legislature that any property acquired by the authority pursuant to the provisions of this chapter shall be financed as a self liquidating enterprise, and that any indebtedness incurred by the authority shall be payable solely from the earnings or revenues derived from all or part of the property acquired by the district.
  11. To enter into cooperative agreements with other cities, towns, or public service corporations for the interconnection of public works facilities or for any other lawful corporate purposes necessary and desirable to effect the purposes of this chapter.
  12. In the performance of its functions, the authority is expressly authorized to provide for land and water conservation and for the construction and maintenance of hiking and biking trails, flood control and water pollution control facilities, preservation of wetlands, dam construction, diversion of streams, dikes, walls, and pumping stations, whether or not on its own initiative or by recommendation to the participating communities, and to encourage tax relief for landowners in the construction of facilities for such purposes.
  13. The authority is authorized to apply for, contract for, and expend any federal or state advances or grants or assistance which may be made available for the purposes of this chapter.
  14. The authority shall have all the powers and authority which were previously granted to the Pawtuxet River district commission. All purposes of the Pawtuxet River district commission, including those described in § 46-25-38.1(4) , shall be established by a vote of the Pawtuxet River authority as created by this chapter.

History of Section. P.L. 1972, ch. 111, § 1; P.L. 1990, ch. 147, § 1; P.L. 1998, ch. 181, § 2; P.L. 2005, ch. 36, § 34; P.L. 2005, ch. 72, § 34.

46-24-10. Tax exemption.

It is hereby declared that the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of the state of Rhode Island for the improvement of their health, welfare, and prosperity, and the authority will perform an essential government function in the exercise of the powers conferred by this chapter, and the state of Rhode Island covenants that the authority shall be required to pay no taxes or assessments or sums in lieu of taxes, except as provided in § 46-24-11 , to the state or any political subdivision thereof upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation and maintenance of the property, or upon any earnings, moneys, revenues, or other income derived by the authority, and the income therefrom shall at all times be exempt from taxation.

History of Section. P.L. 1972, ch. 111, § 1.

Compiler’s Notes.

In 2021, “state of Rhode Island” was substituted for “state of Rhode Island and Providence Plantations” twice in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

46-24-11. Payments in lieu of taxes.

The authority shall pay annually in lieu of any property tax, as a charge upon its earnings and revenues, to each city, town, and district, or other district, a sum equal in amount to any property tax levied on any property by or on behalf of the town or district during the year next preceding the acquisition of the property by the authority. The authority shall have no power to levy or collect ad valorem property taxes.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-12. Subcommittees.

The board may create such subcommittees as may be necessary to carry out its duties, except that all powers shall be reserved to the entire board.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-13. Meetings.

  1. The board shall meet at least once a month at a place within the participating communities, and all meetings shall be open to the public, and all decisions shall be made public; provided, however, nothing contained herein shall prohibit the board from closing a meeting to the public when the nature of the item under discussion involves personnel or other matters which, in the interest of the public welfare, should remain confidential.
  2. Special meetings may be called by the chairperson upon at least twenty-four (24) hours notice by either regular mail or by telephone or by a majority of the members presenting to the chairperson a petition signed by each of them setting forth the purpose of the meeting.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-14. Quorum.

The majority of the members of the committee shall be required to transact any business.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-15. Offices.

Upon organization, the authority shall proceed to lease, rent, or buy facilities that are necessary to establish a permanent office which shall be open at reasonable business hours to the public.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-16. Merit system.

The authority is authorized to establish by resolution a personnel merit system for its employees.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-17. Money of the authority.

All money of the authority from whatever source derived, shall be paid to the treasurer of the authority. The money on receipt shall be deposited forthwith in a separate bank account or accounts. The money in the account shall be paid out on a check of the treasurer on requisition by the authority, or of such other person or persons as the authority may authorize to make the requisitions. All deposit of the money shall be secured by obligations of the United States or the state of Rhode Island with a market value equal at all times to the amount of deposits, and all banks and trust companies are authorized to give securities for any deposits. The authority shall have power as to the custody, collection, security, investment, and payment of any money within its jurisdiction.

History of Section. P.L. 1972, ch. 111, § 1; P.L. 1990, ch. 147, § 1.

Compiler’s Notes.

In 2021, “state of Rhode Island” was substituted for “state of Rhode Island and Providence Plantations” in this section at the direction of the Law Revision Director to reflect the 2020 amendments to the state constitution that changed the state’s name.

46-24-18. Funding of authority’s operations.

The cost of the operation of the authority shall be borne equally by the member towns and cities, and they shall each annually appropriate a sum sufficient to pay its proportionate share of the operation of the authority.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-19. Right to alter, amend, or repeal chapter.

The right to alter, amend, or repeal this chapter is hereby expressly reserved, but no such alteration, amendment, or repeal shall operate to impair the obligation of any contract made by the authority under any power conferred by this chapter.

History of Section. P.L. 1972, ch. 111, § 1.

46-24-20. Severability.

If any section, clause, provision, or term of this chapter shall be declared unconstitutional and ineffective in whole or in part then, to the extent that it is not unconstitutional and effective, it shall be valid and effective, and no other section, clause, provision, or term shall on account thereof be deemed invalid or ineffective.

History of Section. P.L. 1972, ch. 111, § 1.

Chapter 25 Narragansett Bay Commission

46-25-1. Short title.

This chapter is known as the “Narragansett Bay Commission Act”.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1999, ch. 278, § 2; P.L. 1999, ch. 307, § 2.

Compiler’s Notes.

P.L. 1999, ch. 307, § 3 provides that the provisions of that act or any other provisions of the general laws to the contrary, the members of the Narragansett Bay water quality management district commission and the officers thereof appointed, qualified, and in office immediately prior to the passage of that act shall continue to be members of the Narragansett Bay Commission during the remainder of the terms for which they were appointed or until their resignation, death, incapacity, or other removal from office. All property or rights to property held by the Narragansett Bay water quality management district commission shall transfer to and be held by the Narragansett Bay Commission without any necessity for any document of transfer or recording thereof. Any act taken by the Narragansett Bay water quality management district commission prior to the passage of that act, valid at the time such act was taken, shall, subject to such discretion as the commission may lawfully exercise to the continuance or modification thereof, remain valid and shall be considered to have been taken by the Narragansett Bay Commission. The secretary of the commission shall maintain the books and records of the Narragansett Bay water quality management district commission as the books and records of the Narragansett Bay Commission. The authority granted and obligations imposed by section 46-25-37 through and including section 46-25-44 of chapter 46-25 of the general laws shall apply to the Narragansett Bay Commission as the successor to the Narragansett Bay water quality management district commission. Except as otherwise set forth herein, in any action, suit or other proceeding to which the Narragansett Bay water quality management district commission was a party immediately prior to the passage of that act, the Narragansett Bay Commission shall be substituted as a party. To the extent in any such proceeding the powers and duties of the Narragansett Bay Commission after the passage of that act are in issue, the commission shall be regarded as having the powers and duties set forth in that act, as it may be amended from time to time; provided that the commission shall in any event have the power to carry out any agreement validly undertaken by the Narragansett Bay water quality management district commission for the duration of such agreement without regard to any amendment thereof or extension thereto occurring after the passage of that act.

Comparative Legislation.

Water pollution control:

Conn. Gen. Stat. § 22a-416 et seq.

Mass. Ann. Laws ch. 21, § 26 et seq.

46-25-2. Legislative findings.

It is hereby found and declared that:

  1. There exists in the Providence metropolitan area and Narragansett Bay severe water quality problems resulting from the discharge of pollutants, conventional, and unconventional, into Narragansett Bay.
  2. It is further found and declared that Narragansett Bay may be the greatest natural resource of the state of Rhode Island, and continuing discharge of these pollutants jeopardizes the environmental integrity of the entire Narragansett Bay and creates severe and detrimental ecological and economic impact upon the people of the state of Rhode Island.
  3. It is further found and declared that because of the scope and complexity of the work necessary to correct and minimize these pollution discharges and the scope of financing required, local municipal governments in the Providence metropolitan area have been unable alone to cope properly and immediately with the magnitude of the pollution discharges.
  4. It is further found and declared that economy and efficiency dictate the desirability for an overall plan for dealing with pollution discharges in the Narragansett Bay and the Providence metropolitan area.
  5. It is further found and declared that the most effective and efficient method to combat the discharge of pollutants in the Narragansett Bay is to create a Narragansett Bay water quality management district commission, to be charged with the acquisition, planning, construction, financing, extension, improvement, and operation and maintenance of publicly owned sewage treatment facilities in the Narragansett Bay water quality management district, with appropriate provision for a portion of the financing of the activities to be undertaken by the pledging of the full faith and credit of the state of Rhode Island.
  6. Title 46, chapter 21 created the Blackstone Valley district commission and charged it with the planning, construction, operation, and maintenance of facilities to deal with the sewage and industrial wastes which originate in municipalities and industries located in the Blackstone and Moshassuck Valleys and are discharged into the waters of the state including the Seekonk and Blackstone rivers which flow into the Narragansett Bay without proper treatment.
  7. Economy, efficiency and technological advances dictate the desirability of having one entity to formulate, coordinate, and regulate an overall plan to reduce the discharge of sewerage and industrial wastes originating from the Blackstone and Moshassuck Valleys into the waters of this state and the discharge of pollutants into Narragansett Bay from the Narragansett Bay water quality management district.
  8. The most effective and efficient method of effectuating such an overall plan is to merge the Blackstone Valley district commission with and into the Narragansett Bay water quality management district commission.
  9. The most effective and efficient method of effectuating an overall plan for dealing with discharges in the watershed of the Narragansett Bay is the merger, consolidation, acquisition, operation and management of other sewage treatment facilities located in the state with or by the Narragansett Bay water quality management district commission as the commission may from time to time determine.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1991, ch. 309, § 1; P.L. 1992, ch. 133, art. 108, § 2.

46-25-3. Definitions.

As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning:

  1. “Administrative penalty”  means a monetary penalty not to exceed the civil penalty specified in § 46-25-25.2 .
  2. “Commission”  means the Narragansett Bay commission. Whenever in any general or public law, reference is made to the “Narragansett Bay Water Quality Management District Commission” the reference refers to and means the Narragansett Bay Commission.
  3. “Compliance schedule”  means a schedule of remedial measures including an enforceable sequence of actions, or operations leading to compliance with an effluent limitation or any other limitation, prohibition, or standard.
  4. “Fund”  means the Narragansett Bay water quality management district commission fund to be held by the commission.
  5. “Narragansett Bay water quality management district”  means and includes:
    1. The city of Providence and those portions of the city of Cranston and portions of the towns of Johnston, North Providence, and Lincoln formerly served by the city of Providence sewage treatment system as well as the cities of East Providence, Pawtucket, and Central Falls, the towns of Lincoln and Cumberland, and that portion of the town of Smithfield lying northeast of the Douglas Pike, also called state route No. 7;
    2. Any other portions of those municipalities as may by resolution request to be served by the district and which are accepted by the commission as part of the district; and
    3. Any other cities or towns or districts in Rhode Island or portions thereof as may, from time to time, join the district pursuant to agreement with the commission, providing for the acquisition of the sewage treatment facilities of such city, town, or district, or the merger and consolidation of such district into the commission, or the management and operation of the sewage treatment facilities of such city, town or district by the commission.
  6. “Notes”  as used in §§ 46-25-51 46-25-67 mean the notes, securities, or other obligations or evidences of indebtedness issued by the commission pursuant to this chapter in anticipation of receiving user fees or state or federal funds, all of which shall be issued under the name of and known as obligations of the Narragansett Bay water quality management district.
  7. “Person”  means and includes an individual, firm, partnership, association, and private or municipal corporation and federal or state agencies.
  8. “Pollutant”  means the same as defined in § 46-12-1 .
  9. “Pollution”  means the same as defined in § 46-12-1 .
  10. “Project”  means the Narragansett Bay water quality management district project, and shall include the acquisition, ownership, design, operation, construction, repair, rehabilitation, improvement, development, sale, lease or disposition of, or the provision of financing for, any sewage treatment facility.
  11. “Revenue bonds and notes”  as used in §§ 46-25-58 46-25-67 , mean and include the bonds, notes, securities, or other obligations or evidences of indebtedness issued by the commission pursuant to §§ 46-25-58 46-25-67 , all of which shall be issued under the name of or known as obligations of the Narragansett Bay commission and shall be secured solely by the revenues provided therein.
  12. “Sewage”  means the same as   “pollutant” as defined in § 46-12-1 .
  13. “Sewage treatment facilities”  means any sewage treatment plant, structure, combined sewer overflows, equipment, interceptors, mains, and pumping stations, or other property, real, personal, or mixed, for the treatment, storage, collection, transporting, or disposal of sewage, or any property or system to be used in whole or in part for any of the aforesaid purposes, or any other property or system incidental to, or which has to do with, or the end purpose of which is any of the foregoing; provided, however, that the term shall not include any system of lateral sewers within a municipality.
  14. “Source”  means any building, structure, facility, or installation from which there is or may be the discharge of pollutants.
  15. “Water supplier”  means any person, including a municipal water department or agency, public water system, special water district, or private water company engaged in the distribution of water for potable purposes.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1981, ch. 91, § 1; P.L. 1984, ch. 366, § 3; P.L. 1987, ch. 156, § 1; P.L. 1988, ch. 46, § 1; P.L. 1989, ch. 557, § 1; P.L. 1990, ch. 133, § 1; P.L. 1990, ch. 365, § 1; P.L. 1991, ch. 282, § 1; P.L. 1991, ch. 309, § 1; P.L. 1992, ch. 60, § 1; P.L. 1992, ch. 133, art. 108, § 2; P.L. 1996, ch. 397, § 1; P.L. 1999, ch. 278, § 2; P.L. 1999, ch. 307, § 2.

46-25-4. Establishment of commission — Purpose.

  1. There is hereby authorized, created, and established a public corporation of the state having a distinct legal existence from the state and not constituting a department of state government to be known as “The Narragansett Bay water quality management district commission”, with such powers as are set forth in this chapter, for the purposes of acquiring, planning, constructing, extending, improving, and operating and maintaining publicly owned sewage treatment facilities in the district.
  2. It is the intent of the general assembly, by the passage of this chapter, to vest in the commission all powers, authority, rights, privileges, and titles which may be necessary to enable it to accomplish the purposes herein set forth, and this chapter and the powers herein granted shall be liberally construed in conformity with those purposes.
  3. The commission and its corporate existence shall continue until terminated by law or until it shall cease to exist under the timetable contained in § 46-25-48 . Upon termination of the existence of the commission, all its rights and properties shall pass to and be vested in the state, and, in accordance with law, the governor may permit whatever rights and properties he or she shall see fit to pass to municipalities located within the district, if the municipality or municipalities accept the rights or properties.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-5. General powers.

The commission shall have the following powers, together with all powers incidental thereto or necessary for the performance of those stated in this chapter:

  1. To sue and be sued, complain and defend, in its corporate name.
  2. To have a seal which may be altered at pleasure and to use the seal by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced.
  3. To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with, real or personal property, or any interest therein, wherever situated.
  4. To make and execute agreements of lease, construction contracts, operation contracts, and all other contracts and instruments necessary or convenient in the exercise of the powers and functions of the commission granted by this chapter.
  5. To make guarantees and incur or assume liabilities as the commission may deem appropriate.
  6. To invest and reinvest its funds.
  7. To secure the cooperation and assistance of the United States, and any of its agencies, and of agencies of this state and its municipalities in the work of the commission.
  8. To accept grants, donations, drafts, loans of funds, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, from this state and its agencies, or from any other source, and to use or expend those moneys, services, materials, or other contributions in carrying out the purposes of this chapter.
  9. To make assessments and impose reasonable and just user charges, and to pay for such expenses as may be required by law or as may be determined by the commission to be necessary for the maintenance and operation of the project. In addition to the foregoing, the assessments and user charges imposed pursuant to this chapter by the commission shall be set at a rate sufficient to enable the commission to pay the debt service cost on not in excess of fourteen million and fifty-nine thousand dollars ($14,059,000) of general obligation bonds and on notes issued pursuant to this chapter. Any user charge, fee, or rate shall be subject to the approval of the public utilities commission.
  10. To establish a sewage pretreatment program, and to require as a condition, to the grant or reissuance of any approval, license, or permit required under the program, that the person applying for the approval, license, or permit, pay to the commission a reasonable fee based on the cost of reviewing and acting upon the application and based on the costs of implementing the program. In addition, where violations of the provisions of §§ 46-25-25 46-25-25 .3, or of any permit, rule, regulation, or order issued pursuant thereto have occurred, the violator shall reimburse the commission for the actual costs of implementing and enforcing the terms of the permit, rule, regulation, or order as a condition to the grant or reissuance of any approval, license, or permit.
  11. To acquire or contract to acquire, from any person, the federal government or the state, or any agency of either the federal government or state, by grant, purchase, lease, gift, condemnation, or otherwise, or to obtain options for the acquisition of any property, real or personal, improved or unimproved, and interests in land less than the fee thereof; and to own, hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the property for the purposes of carrying out the provisions and intent of this chapter for such consideration as the commission shall determine.
  12. To elect or appoint officers and agents of the commission, and to define their duties and fix their compensation, including authority to employ attorneys, accountants, architectural, and engineering consultants, and such other employees or agents as the commission shall deem necessary in its judgment.
  13. To make and alter bylaws, not inconsistent with this chapter, for the administration and regulation of the affairs of the commission, and the bylaws may contain provisions indemnifying any person who is or was a director or a member of the commission, in the manner and to the extent provided in § 7-1.2-814 .
  14. To construct, acquire, repair, develop, own, operate, maintain, extend, improve, rehabilitate, renovate, equip, and furnish a project and make provision for its management.
  15. To prepare or cause to be prepared plans, specifications, designs, and estimates of costs of construction, reconstruction, rehabilitations, improvement, alteration, or repair of a project, and to modify the same.
  16. To issue orders of general or specific applicability to carry out the purposes of the project.
  17. To have and exercise all powers necessary or convenient to effect its purposes.
  18. To impose administrative penalties in accordance with the provisions of § 46-25-25.4 .
  19. To secure certain payments on its revenue bonds and notes, in whole or in part, by insurance or by letters or lines of credit or other credit facilities.
  20. To enter into agreements, contracts, and other arrangements with the state and any of its departments, agencies, boards or commissions relating to the execution or performance of any function or purpose of the commission, including, but not limited to, investments, employee compensation and employee benefits, and the state and its departments, agencies, boards and commissions are hereby authorized to enter into such agreements, contracts and other arrangements with the commission, and upon the request of the commission shall enter into such agreements, contracts and other arrangements with the commission.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1983, ch. 235, § 1; P.L. 1984, ch. 366, § 4; P.L. 1987, ch. 478, § 1; P.L. 1988, ch. 46, § 1; P.L. 1989, ch. 557, § 2; P.L. 1996, ch. 397, § 1; P.L. 2005, ch. 36, § 35; P.L. 2005, ch. 72, § 35.

46-25-6. Composition of commission — Appointment of members.

  1. The commission shall consist of nineteen (19) members to be appointed in the following manner: ten (10) members shall be appointed by the governor from the public as herein provided. Two (2) members shall be appointed by the mayor of the city of Providence; one member each shall be appointed by the mayor of the town of North Providence, the mayor of the town of Johnston, mayor of the city of Pawtucket, mayor of the town of Cumberland, town administrator of the town of Lincoln, mayor of the city of Central Falls, and mayor of the city of East Providence.
  2. The appointments to the commission shall be made as follows:
    1. The governor shall appoint two (2) members of the commission to serve until the first day of April, 1981, two (2) members to serve until the first day of April, 1982, four (4) members to serve until the first day of April, 1983, one member to serve until the first day of April 1993, one member to serve until the first day of April 1994, and all to serve until their successors are appointed and qualified. In the month of March in each year thereafter, the governor, with the advice and consent of the senate, shall appoint successors to the members of the commission whose term is expiring in that year, each member so appointed to hold office for a three (3) year period commencing on the first day of April in the year of appointment and continuing until the first day of April in the third year after his or her appointment and until his or her successor is appointed and qualified. Any vacancy for a public member, which may occur in the commission, shall be filled by the governor for the remainder of the unexpired term.
    2. The mayor of the city of Providence shall appoint one member of the commission to serve until the first day of April, 1982, and one member to serve until the first day of April, 1983, and all to serve until their successors are appointed and qualified. The mayor of the town of North Providence and the mayor of the town of Johnston each shall appoint a member to serve until the first day of April, 1981, each member so appointed shall serve until his or her successor is appointed and qualified. The Mayor of the city of Pawtucket shall appoint one member of the commission to serve until the first day of April, 1993, and such member so appointed shall serve until his or her successor is appointed and qualified. The town administrator of the town of Lincoln and the mayor of the city of Central Falls shall each appoint one member of the commission to serve until the first day of April, 1994, and each member so appointed shall serve until his or her successor is appointed and qualified. The mayors of the town of Cumberland and the city of East Providence shall each appoint one member of the commission to serve until the first day of April, 1995, and each member so appointed shall serve until his or her successor is appointed and qualified. In the month of March in each year thereafter, the respective mayors and town administrator shall appoint a successor to the member of the commission whose term is expiring, each member so appointed to hold office for a three (3) year period, commencing on the first day of April in the year of appointment and continuing until the first day of April in the third year after his or her appointment and until his or her successor is appointed and qualified. Any vacancy which may occur in the commission shall be filled by the appointing authority who originally appointed the member, and the appointment shall be for the remainder of the unexpired term.
    3. Members of the commission shall be eligible for reappointment.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1981, ch. 19, § 1; P.L. 1991, ch. 309, § 3; P.L. 2001, ch. 180, § 156; P.L. 2013, ch. 329, § 1.

Law Reviews.

For article, “Appointments by the Legislature Under the Rhode Island Separation of Powers Doctrine: The Hazards of a Road Less Traveled,” see 1 Roger Williams U.L. Rev. 1 (1996).

46-25-7. Officers of the commission — Quorum and vote required.

Forthwith, after May 16, 1980, and annually in the month of April thereafter, the commission shall elect one of its members as chairperson, and one of its members as vice chairperson. A simple majority of the members of the commission shall constitute a quorum. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all of the duties of the commission.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1981, ch. 19, § 1; P.L. 1984, ch. 291, § 1; P.L. 1991, ch. 309, § 3; P.L. 2013, ch. 329, § 1.

46-25-8. Compensation — Personnel.

  1. The members of the commission shall not be compensated for attendance at any board meeting, but shall be reimbursed for actual expenses incurred in carrying out their duties under this chapter.
  2. Notwithstanding the provisions of any other law, no officer or employee of the state shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his or her acceptance of membership on the commission or his or her service thereto.
  3. The commissioners shall employ an executive director who shall also be the secretary and who shall administer, manage, and direct the affairs and business of the commission, subject to the policies, control, and direction of the commissioners. The commissioners may employ technical experts and other officers, agents, and attorneys and fix their qualifications, duties, and compensation. Employees of the commission shall not, by reason of their employment, be employees of the state for any purpose, any provision of the general laws to the contrary notwithstanding, including, without limiting the generality of the foregoing, chapters 29, 39, and 42 of title 28 and chapters 4, 8, 9, and 10 of title 36. Those employees of the commission who were employed prior to June 30, 1999, shall continue to be covered by §§ 36-4-59 , 36-5-7 and 36-5-8 . The employees are not entitled to the provisions of §§ 36-4-59 , 36-5-7 and 36-5-8 while employed by the commission. The employees are only entitled to the provisions of these statutes in the event that any such employee returns to employment in the classified service in a department within the executive branch. The commissioners may employ other employees, permanent and temporary. The commissioners may delegate to one or more of its agents or employees any administrative duties that they may deem proper.
  4. The secretary shall keep a record of the proceedings of the commission and shall be custodian of all books, documents, and papers filed with the commission and of its minute book and seal. He or she shall have authority to cause to be made copies of all minutes and other records and documents of the commission, and to give certificates under the seal of the commission to the effect that the copies are true copies and all persons dealing with the commission may rely upon the certificates.
  5. The department of administration may furnish the commission with suitable offices and telephone service in the state house, state office building, or some other convenient location, for the transaction of its business.
  6. The commissioners of the commission shall, at regular intervals conduct business meetings for the purpose of carrying out its general business. The meetings shall be subject to the provisions of chapter 46 of title 42 entitled “open meetings”.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1982, ch. 398, § 1; P.L. 1983, ch. 167, art. XXII, § 1; P.L. 1986, ch. 349, § 1; P.L. 1999, ch. 225, § 1; P.L. 2005, ch. 117, art. 21, § 35.

46-25-9. Appropriated moneys and advances from general fund.

  1. The commission is authorized to accept such moneys as may be appropriated from time to time by the general assembly for the carrying out of its duties hereunder including, without limitation, the payment of the initial expenses of administration and operation; provided, however, that any such appropriation shall be considered as a loan to the commission from the general fund of the state and shall be returned thereto when the commission is self supporting or at such time as may otherwise be stipulated in the act appropriating the money.
    1. The commission is further authorized to accept advances or loans of funds from the general fund of the state:
      1. In anticipation of the receipt of federal funds; and
      2. For the purpose of meeting debt service liabilities and providing for the construction, maintenance, or operation of the project during such periods of time as the fund may be insufficient for those purposes and, at the request of the commission, the director of the department of administration is authorized and empowered, with the approval of the governor, to make those advances.
    2. Provided, however, that the advances shall be returned to the general fund at such time or times as the director shall have specified, and that the total amount of the advances outstanding and unreturned at any one time shall not exceed three million dollars ($3,000,000); and, however, for the period May 1, 1989 through June 30, 1991 the advance shall not exceed three million six hundred seventy-five thousand dollars ($3,675,000) provided that subject to the report and order of the public utilities commission in docket No. 1968, the commission may issue revenue bonds or notes for the purpose of repaying the advances from the general fund of the state of Rhode Island provided under this chapter, in an aggregate principal amount not to exceed three million six hundred seventy-five thousand dollars ($3,675,000) in accordance with the provisions of § 46-25-58 except that notwithstanding subsections (c) and (d) of § 46-25-58 , such revenue bonds or notes, including all refundings and renewals thereof, shall be payable in such installments and at such times not exceeding three (3) years from the date of the original issue of such revenue bonds or notes. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the advances upon receipt by the controller of proper vouchers signed by the director of the department of administration and approved by the governor.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1987, ch. 109, § 1; P.L. 1989, ch. 127, art. 5, § 1; P.L. 1991, ch. 29, § 1.

46-25-10. Acquisition of facilities from municipalities.

  1. The commission shall acquire the city of Providence Fields Point sewage treatment plant, as well as interceptors, combined sewer overflow facilities, force mains, and appurtenant facilities, and the land, property, easements, and other interests in property from municipalities within the district as may be necessary or desirable in its discretion to carry out the duties under this chapter.
  2. The acquisition of the treatment plant, facilities, interceptors, combined sewer overflow facilities, mains, and other appurtenant facilities, and the lands, property, easements, or other interests in property shall be paid for solely by user charges and fees to be assessed by the commission in accordance with this chapter. As part of the acquisition, the commission may agree to assume payment of financial obligation debt service liabilities of the city of Providence for long term bonded debt, that is, for debt with maturity schedules of not less than twenty (20) years incurred for capital improvement of the sewage treatment facilities, as determined in the sole discretion of the commission, pursuant to findings of the auditor general, in an amount not to exceed fourteen million dollars ($14,000,000); provided, however, that the payment of the debt service liabilities shall be paid solely out of user charges and fees to be assessed by the commission in accordance with this chapter. User charges assessed pursuant to this section shall be in addition to those charges under the authority of § 46-25-5(9) , and shall be reasonable and just and subject to the approval of the public utilities commission.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1983, ch. 235, § 1; P.L. 2006, ch. 216, § 62.

46-25-10.1. Repealed.

Repealed Sections.

This section (P.L. 1982, ch. 264, § 2; P.L. 1984, ch. 364, § 1), concerning employees of the city of Providence at the Fields Point sewage treatment plant, was repealed by P.L. 1999, ch. 255, § 2, effective June 30, 1999. For present provisions concerning the benefits of certain employees of the Narragansett Bay Water quality management district commission, see §§ 36-9-44 36-9-46 ; for present provisions concerning merger of municipal sewage treatment facilities with the Narragansett Bay water quality management district commission, see § 46-25.2-1 .

46-25-11. Power to acquire land.

For any purposes of this chapter, the commission may, at any time and from time to time, take by eminent domain or acquire by purchase or otherwise, such land, water rights, easements, and other property or interests in property, public and private, as it may determine necessary or desirable for the purposes of this chapter.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-12. Interests in land taken.

Any taking under this chapter may be in fee or otherwise, perpetual in duration or for a limited period of time, as the commission shall determine and set forth in the order of taking.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-13. Eminent domain procedure.

In the exercise of its power of eminent domain under this chapter, the commission shall be subject to the provisions of chapter 6 of title 37.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-14. Annual report.

In the month of January, the commission 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.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-15. Cooperation with federal government.

  1. The commission shall have full and complete authority to cooperate with and assist the federal government in all matters relating to the planning, constructing, equipping, maintenance, and operation of the project in the event that the federal government should make any federal funds or federal assistance available therefor.
  2. The commission, or any officers or executives designated by it, may act as an agent of the federal government in accordance with the requirements of any federal legislation related to that federal assistance.
  3. The commission is hereby authorized to accept the provisions of any federal legislation related to federal assistance, and may file written evidence of each acceptance with the federal government. Each acceptance shall be duly signed by the chairperson or such other person or persons as the commission may designate.
  4. The commission may enter into all necessary contracts and agreements with the federal or state governments, or any agency thereof, necessary or incident to the project, and all the contracts and agreements shall be signed in the name of the commission by the chairperson or some other person or persons designated by the commission.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-16. Application for federal and state aid.

Whenever it shall be necessary to obtain assistance from the federal or state governments in the form of loans, advances, grants, subsidies, and otherwise, directly or indirectly, for the execution of the project, the commission may make all necessary applications for those purposes. All the applications shall be made in writing in the name of the commission, and shall be duly signed by the chairperson or such other person or persons as the commission may designate.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-17. Use of federal and state funds.

The commission may, for the purpose of carrying out the project or any part thereof herein authorized, accept or use any federal or state funds or assistance, or both, provided therefor under any federal or state law. In the event that federal or state funds or assistance are made available for execution of the project, the project shall be carried out and executed in all respects subject to the provisions of the appropriate federal and state laws providing for the construction of the projects, and the rules and regulations made pursuant thereto, and to such terms, conditions, rules and regulations, not inconsistent with the federal and state law, rules, and regulations, as the commission may establish to insure the proper execution of the project.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-18. Receipt and deposit of federal funds.

  1. All moneys paid to the commission by the federal government for the purpose of executing the project shall be received by the executive director of the commission and applied in the following order of priority:
    1. For the payment of debt service on, or the recall, or the redemption of bonds and notes issued by the state in anticipation of the federal project payments; or
    2. If no bonds or notes of the state issued in anticipation of federal project payments are outstanding, then the moneys shall be deposited in the fund to be used for the purposes for which the federal government granted the moneys.
  2. To the extent permitted by federal law, any federal funds or assistance to the state of Rhode Island in any one federal fiscal year for sewer projects funded under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as amended, for fiscal years commencing October 1, 1982, and thereafter, shall be allocated so that fifty percent (50%) of the federal funds or assistance so received shall be assigned to this project; provided, however, that more than fifty percent (50%) of the federal funds may be assigned to this project if the remaining fifty percent (50%) is not fully obligated for other projects in the state of Rhode Island outside the district.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1996, ch. 397, § 1.

46-25-19. Sewer connections.

  1. The commission shall have full and complete power and authority to limit, deny, or cause appropriate direct or indirect connections to be made between any building or property located in the district generating sanitary or industrial wastewater, and any public sewer or appurtenance thereof discharging to the project. The commission shall prescribe such rules and regulations for sewer connections as in the opinion of the commission are necessary and appropriate for the maintenance and operation of the project. No person shall make any connection from any structure to any sewer or appurtenance thereto discharging to the project without first being granted a written permit from the commission, in accordance with the rules and regulations. The commission shall also have full and complete power and authority to compel any person in the district, for the purpose of sewage disposal, to establish a direct connection on his or her property, or at the boundary thereof, to any publicly owned sewer discharging to the district sewer project, and to cause the connection to be made at the expense of the person, firm, or corporation.
  2. The term “appurtenance”, as used herein, shall be construed to include adequate pumping facilities, whenever the pumping facilities shall be necessary to deliver sewage into the project.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1987, ch. 151, § 1; P.L. 2007, ch. 340, § 58.

46-25-19.1. Recording of sewer systems.

Starting on January 1, 2012, the commission shall maintain as-built drawings and plans on any new or upgraded sewer main it owns and operates. Such as-built drawings and plans shall be the responsibility of the person that the commission has designated and shall be in a form designated by the commission.

History of Section. P.L. 2009, ch. 92, § 4; P.L. 2009, ch. 103, § 4.

Compiler’s Notes.

P.L. 2009, ch. 92, § 4, and P.L. 2009, ch. 103, § 4, enacted identical versions of this section.

Effective Dates.

P.L. 2009, ch. 92, § 5, provides that this section takes effect on November 1, 2009.

P.L. 2009, ch. 103, § 5, provides that this section takes effect on November 1, 2009.

46-25-20. Pipes along highway or railroad.

Whenever the commission shall lay or install any pipes or other equipment under any public highway, private way, right-of-way, or tracks, the commission shall, as far as possible, restore the public highway, private way, right-of-way, or tracks, to its former condition. Nothing in this chapter shall authorize the commission to condemn any portion of the right-of-way of any railroad, or other public service company, except for the purpose of crossing the same, either above or below grade, and of maintaining suitable and convenient supports for the crossing, in such manner as not to render unsafe, or to impair the usefulness of, the right-of-way for the railroad or the purposes of the public service company.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-21. Sewer, user fees, charges, and assessments.

For the purpose of causing the project and its operation, maintenance, and improvements to be self liquidating, the commission shall assess any person having a direct or an indirect connection to the project the reasonable charges for the use, operation, maintenance, and improvements of the project. The sewer user fees, charges, and assessments shall be subject to the approval of the public utilities commission.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1983, ch. 235, § 1; P.L. 1987, ch. 156, § 1.

46-25-21.1. Petition in superior court for relief from assessment.

  1. Any person aggrieved on any ground whatsoever by any sewer use fee, charge, or assessment against him or her may within three (3) years after the first day designated for the payment of the sewer use fee, charge, or assessment, or the first installment thereof, if payable in installments, file an appeal with the Narragansett Bay water quality management district commission, and within sixty (60) days after a final decision of the commission appeal, where the person has timely appealed the assessment, file a petition in the superior court for the county in which the property lies for relief from the sewer use fee, charge, or assessment, to which petition the commission shall be made a party respondent; provided, however, that all such appeals must be made no later than six (6) months after the person assessed the fee has transferred the property to a third party.
  2. For the purpose of this section, an   “aggrieved person” shall be the person who has been assessed the sewer use fee, charge or assessment that is being contested. The right to contest an assessment shall be personal to the person assessed and shall not be assignable or transferable.
  3. This remedy shall be exclusive. Any person alleging an illegal, erroneous, incorrect, or void fee, charge, or assessment against him or her shall be confined to the remedies stated herein. No petition shall, before judgment, stay any proceedings for collecting the sewer use fee, charge, or assessment. The Narragansett Bay water quality management district commission may promulgate regulations to effectuate this provision and to eliminate frivolous appeals. No appeal shall be heard if the appeal is based on the rates set by the public utilities commission.

History of Section. P.L. 1993, ch. 177, § 1; P.L. 1993, ch. 356, § 1.

46-25-22. Payment of sewer user fees, charges and assessments.

The commission shall proceed under the provisions of this chapter to collect the fees, charges, and assessments from any person so assessed. Each person so assessed shall pay the fees, charges, or assessments within the time frame prescribed by the rules and regulations of the commission. The commission may collect the fees, charges, and assessments in the same manner in which taxes are collected by municipalities, with no additional fees, charges, assessments, or penalties other than those provided for in chapter 9 of title 44. Provided, however, that such fees, charges and assessments against residential condominium occupants or residential condominium associations shall be set at a residential rate and not at a business, commercial, or other rate. All unpaid charges shall be a lien upon the real estate of the person.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1983, ch. 235, § 1; P.L. 1987, ch. 156, § 1; P.L. 1994, ch. 238, § 1.

46-25-22.1. Shut off of water supply for nonpayment of sewer user fees, charges, and assessments.

  1. Notwithstanding the provision of § 46-25-22 , the commission is authorized to order any water supplier which services any person assessed by the commission pursuant to § 46-25-22 to terminate the water supply service of any person for nonpayment of sewer user fees, charges, and assessments. The commission will abide by the rules and regulations of the public utilities commission governing water shut-offs.
  2. Upon notification by the commission to terminate service, the water supplier shall within fourteen (14) days terminate said service and notify the commission that said termination has occurred. Upon notification by the commission, the water supplier shall restore the water supply in accordance with the water supplier’s policy on water supply restoration.
  3. The commission shall have the authority to assess any person any fees, charges and assessments affiliated with the shut off and restoration of service.
  4. When service is provided to a residence occupied by a tenant, the tenant may, after paying the fees, charges and assessments in order to restore or prevent termination of service, deduct the amount paid from the rent due the landlord. The tenant shall provide the landlord with a copy of the receipt from the commission when making a deduction from the rent.

History of Section. P.L. 1991, ch. 350, § 1; P.L. 1992, ch. 60, § 1.

46-25-23. Repealed.

Repealed Sections.

This section (P.L. 1980, ch. 342, § 1; P.L. 1983, ch. 235, § 1), concerning assessments against users with direct connections, was repealed by P.L. 1987, ch. 156, § 2, effective June 23, 1987.

46-25-24. Appropriation of revenues.

Except as provided in § 46-25-18 , all moneys received by the commission for the use of the facilities of the project, shall be paid over to the executive director of the commission and deposited by him or her in the fund. All moneys in the fund are hereby appropriated, in addition to all other sums appropriated by the provisions of this chapter, to be expended by the commission for administration and all other expenses relating to the planning, constructing, equipping, operation, and maintenance of the project. Any unexpended balance remaining in the fund at the end of any fiscal year shall be carried forward and made available for expenditure in the succeeding fiscal years.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1996, ch. 397, § 1.

46-25-24.1. Notice of entry.

Authorized agents and employees of the commission may enter upon any lands, waters and premises in the district for the purpose of making surveys, soundings, test pits, drillings, borings and examinations as the commission may deem necessary for the purposes of the Narragansett Bay water quality management district commission, and such entry shall not be deemed a trespass, nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending. The commission shall give at least fifteen (15) days notice of its intent to enter such lands, waters or premises to the record owner(s) of the property and to the municipality wherein the property lies, and shall state in that notice the amount it proposes to pay as just compensation for such entry. Following such entry, the commission shall pay the amount of compensation previously proposed, and restore the property to its prior condition or shall reimburse the owner for any actual damage resulting to such lands, waters and premises as a result of such activities. If the owner of said lands believes that the amount paid is insufficient to provide just compensation, the owner may petition to the superior court to have the amount increased. The provisions of this section shall in no way expand the powers of the commission to take any of the properties investigated by eminent domain. Amounts to be paid as just compensation pursuant to this section shall be set by the commission in accordance with § 42-35-1 et seq.

History of Section. P.L. 1997, ch. 219, § 1.

46-25-25. Orders as to pretreatment of sewage.

  1. Without limiting the generality of the foregoing, the authority hereby vested in the commission shall include the authority to limit, reject, or prohibit any direct or indirect discharge of pollutants or combination of pollutants, as defined by applicable federal or state law, into the facilities of the project; to require that any person or class of user shall cause pollutants from his or her property, prior to their entry into the facilities of the project, to be submitted to such pretreatment standards and requirements as the commission may prescribe by rule or regulation. The commission shall prescribe such rules and regulations for pretreatment as in the opinion of the commission:
    1. Are required by applicable federal or state law,
    2. Are required under the terms of the project’s federal permit(s), or
    3. Are necessary and appropriate for the project.
  2. The commission shall have the authority to issue or deny permits to any person for the direct or indirect discharge of any pollutants into the facilities of the project; to require the development of a compliance schedule by each person to insure compliance with such pretreatment as the commission may prescribe. No person shall discharge any pollutant into the facilities, except as in compliance with the provisions of this section, and any rules and regulations promulgated hereunder, and pursuant to the terms and conditions of a permit.
  3. The commission may, by regulation, order, permit, or otherwise require any person who discharges into the facilities of the project to:
    1. Establish and maintain such records;
    2. Make such reports;
    3. Install, calibrate, use, and maintain such monitoring equipment or methods, including where appropriate, biological monitoring methods;
    4. Sample such discharges and effluents, in accordance with such methods, at such locations, at such intervals, and in such manner as the commission shall prescribe; and
    5. Provide such other information relating to discharges into the facilities of the project as the commission may reasonably require to insure compliance with prescribed pretreatment. The information shall include, but not be limited to, those records, reports, and procedures required by applicable federal law.
  4. Notwithstanding any other provision of this section, the commission shall have the authority, and shall prescribe the appropriate procedures, after informal notice to the discharger, immediately and effectively to halt or prevent any discharge of pollutants into the facilities of the project which reasonably appears to present an imminent endangerment to the health or welfare of persons. Halting or preventing may include, but shall not be limited to, physically plugging and/or blocking the discharger’s connection to the facilities of the project. The commission shall also have the authority, and shall prescribe the appropriate procedures, which shall include notice to the affected discharger and an opportunity to respond, to hold, or prevent any discharge into the facilities of the project which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the project. Procedures prescribed under this subsection which comply in form with those provided in § 42-17.1-2(21) shall be deemed to be appropriate.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1984, ch. 366, § 1; P.L. 2001, ch. 228, § 1; P.L. 2001, ch. 404, § 1; P.L. 2008, ch. 475, § 31.

46-25-25.1. Inspection powers.

  1. The commission is authorized to carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by any person who discharges into the facilities of the project, compliance or noncompliance by the person with the pretreatment requirements prescribed by the commission.
  2. The commission or the duly authorized employees and agents of the commission, upon presenting identification and appropriate credentials, are authorized:
    1. To enter, without delay and at reasonable times, those premises (public or private) of any person or class of user, either receiving services from the commission or applying to services from the commission, in which a discharge source or treatment system is located or in which records required to be maintained pursuant to § 46-25-25 , are kept;
    2. During regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, to have access to and to copy any records, inspect any monitoring equipment or method required pursuant to § 46-25-25 , and sample any effluents which the owner or operator of the discharge source is required to sample under § 46-25-25, and any rules and regulations adopted pursuant thereto.
  3. Any person obstructing, hindering, or in any way causing to be obstructed or hindered the commission or any of its employees or agents in the performance of their duties, or who shall refuse to permit the commission or any of its employees or agents entrance into any premises, buildings, plant, or equipment, or other places belonging to or controlled by the person, in the performance of his or her duties as such, shall be subject to the civil and criminal penalties set forth in §§ 46-25-25.2 and 46-25-25.3 .

History of Section. P.L. 1984, ch. 366, § 2.

46-25-25.2. Civil penalties.

  1. Any person who shall violate the provisions of §§ 46-25-25 46-25-25 .3, or of any permit, rule, regulation, or order issued pursuant thereto, shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) per day for each violation.
  2. The commission shall, in the same manner as cities and towns authorized under the provisions of § 45-6-2.3(a)(4) , issue regulations to obtain actual costs and reasonable attorney’s fees incurred by the commission in seeking compliance, penalties, or damages.

History of Section. P.L. 1984, ch. 366, § 2; P.L. 1987, ch. 478; P.L. 1988, ch. 45, § 1; P.L. 1992, ch. 448, § 1.

46-25-25.3. Criminal penalties.

  1. Any person who shall be found guilty of violating, willfully or with criminal negligence, any of the provisions of §§ 46-25-25 46-25-25 .3 or of any permit, rule, or regulation issued pursuant thereto, or an order of the commission, shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment for not more than one year, or by both a fine or imprisonment; and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued. Further, the person shall be liable for all damages directly related to the violation, including additional costs of handling and treating any prohibited wastes, and shall reimburse the commission for actual enforcement costs incurred by the commission, including reasonable attorney’s fees and administrative costs.
  2. No person shall knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under § 46-25-25 or 46-25-25 .1 or by any permit, rule, regulation, or order issued under those sections, or shall falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under those sections or by any permit, rule, regulation, or order issued under those sections.
  3. No person shall discharge into any outlet within the district any sewage waste or other pollutants without a permit, except where suitable treatment has been provided in accordance with this chapter or the rules and regulations of the commission.
  4. No person shall construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage waste or other pollutants within the district, except as otherwise provided by law or the rules and regulations of the commission.
  5. No person shall maliciously, willfully, or negligently breach, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment or dump garbage, refuse, or other material on land or right-of-way which is a part of the facilities of the project.
  6. No person shall uncover, make any connection with, or opening into, use, alter, or disturb any interceptor or appurtenance thereof, without first obtaining a written permit from the commission.
  7. No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any facilities of the project other than those discharges as are connected to an existing (prior to May 1, 1982) combined sewer in those areas in which a combined sewer is the only available means for disposal of unpolluted waters.

History of Section. P.L. 1984, ch. 366, § 2; P.L. 1987, ch. 478, § 1; P.L. 1988, ch. 45, § 1; P.L. 1992, ch. 448, § 1.

46-25-25.4. Enforcement authority and procedure.

  1. The commission shall have authority to seek legal or equitable relief in the federal court or in the superior court of Providence county to enforce the requirements of §§ 307(b) and (c), 402(b)(8) and other applicable sections of the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. § 1251 et seq., and any regulations implementing those sections or authorized by this chapter and/or by chapter 12 of this title. Whenever, on the basis of any information available to the commission, the commission has reasonable grounds to believe that a person has violated any provision of §§ 46-25-25 through 46-25-25 .6 or any permit, rule, regulation or order issued pursuant thereto the commission may institute administrative, civil or criminal proceedings in the name of the commission. The commission shall not be required to enter into any recognizance or to give surety for costs prior to instituting such proceedings. The commission has the authority to order any person who violates any provision of §§ 46-25-25 through 46-25-25.6 , any permit, rule, regulation or order issued pursuant thereto to cease and desist the violation, or to remedy the violation and to impose administrative penalties. The commission may impose administrative penalties only in accordance with the notice and hearing provisions of §§ 42-35-1 et seq., and 46-25-25, and the commission’s rules and regulations. It shall be the duty of the attorney general to carry out all such criminal proceedings initiated by the commission.
  2. The superior court for Providence County shall have jurisdiction to enforce the provisions of §§ 46-25-25 46-25-25 .6, and any rule, regulation, permit, or administrative order issued pursuant thereto. Proceedings for enforcement may be instituted and prosecuted in the name of the commission. In any proceeding on which injunctive relief is sought, it shall not be necessary for the commission to show that without that relief, the injury which will result will be irreparable or that the remedy at law is inadequate. Proceedings provided in this section shall be in addition to and may be utilized in lieu, of other administrative or judicial proceedings authorized by this chapter.

History of Section. P.L. 1984, ch. 366, § 2; P.L. 1988, ch. 46, § 1; P.L. 1992, ch. 448, § 1.

NOTES TO DECISIONS

Initiation of Proceedings Is Discretionary.

Following the exhaustion of administrative remedies, the commission’s executive director may in his or her discretion institute civil or criminal proceedings for regulatory noncompliance in the Superior Court for Providence County. Such a proceeding is not mandatory but may be instituted if the executive director deems it appropriate. F. Ronci Co. v. Narragansett Bay Water Quality Management Dist. Comm'n, 561 A.2d 874, 1989 R.I. LEXIS 133 (R.I. 1989).

Jury Trial.

The right to a jury trial attaches under R.I. Const., art. 1, § 15 to a proceeding wherein the commission seeks the imposition or enforcement of a civil penalty. F. Ronci Co. v. Narragansett Bay Water Quality Management Dist. Comm'n, 561 A.2d 874, 1989 R.I. LEXIS 133 (R.I. 1989).

No right to a jury trial attaches in enforcement proceedings instituted in the Superior Court for Providence County if the alleged violator refuses to abide by the commission’s compliance order. F. Ronci Co. v. Narragansett Bay Water Quality Management Dist. Comm'n, 561 A.2d 874, 1989 R.I. LEXIS 133 (R.I. 1989).

— Change in Fine by Jury.

The jury in an enforcement proceeding for civil penalties brought under this section is entitled to increase, decrease, or vacate any fine levied by the commission against a violator of the commission’s regulations. F. Ronci Co. v. Narragansett Bay Water Quality Management Dist. Comm'n, 561 A.2d 874, 1989 R.I. LEXIS 133 (R.I. 1989).

46-25-25.5. Public access to information.

  1. Any permit, or permit application, or effluent data shall be available to the public for inspection and copying.
  2. Other records, reports, or information obtained under this section also may be made available to the public for inspection and copying, provided, that upon a showing, satisfactory to the commission, by any person that the records, reports, or information or any part thereof, except as provided in subsection (a), would, if made public, divulge methods or processes entitled to protection as trade secrets of the person, the commission shall consider, treat, and protect the record, report, or information, or part thereof, as confidential; provided, however, that the record, report, or information accorded confidential treatment may be disclosed or transmitted to other officers, employees, or authorized representatives of this state or of the United States concerned with carrying out § 46-25-25 et seq., or when relevant in any proceeding under those sections.

History of Section. P.L. 1984, ch. 366, § 2.

46-25-25.6. Municipal ordinances.

  1. Any municipality within the district, which has connected or connects its sewers with the facilities of the project, shall adopt appropriate rules and regulations, pertaining to sewer usage, no less restrictive than the rules and regulations pertaining to sewer usage so adopted by the commission. The municipal rules and regulations shall include procedures for monitoring and enforcing compliance, and shall be submitted to the commission prior to their adoption. The commission shall have the authority to refuse service or connection to any municipality that fails to comply with this section.
  2. The commission shall retain the authority to seek judicial relief for noncompliance by affected dischargers when any municipality has failed to seek that relief, or when the municipality has acted to seek that relief but has sought a penalty which the commission finds to be insufficient. Nothing in this section shall in any way limit the authority granted the commission under §§ 46-25-25 46-25-25 .4.

History of Section. P.L. 1984, ch. 366, § 2.

46-25-26. Rules and regulations — Notice of rule review.

The commission may adopt rules and regulations, or any amendment to existing rules and regulations, according to the provisions of chapter 35 of title 42. The commission shall also give notice thereof, prior to the effective date thereof, by sending, by registered or certified mail, a copy thereof to each person interested therein who shall have registered with the commission his or her name and address, with a request to be so notified. Review of those rules may be had as provided in chapter 35 of title 42.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-27. Notice of rate hearings.

Notice of proposed user charges and fees shall be provided for in the manner set forth in title 39, pursuant to the regulations of the public utilities commission.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1983, ch. 235, § 1.

46-25-28. Conduct of hearings.

At all hearings held under the provisions of this chapter, the commission and the members thereof, shall have the right to administer oaths. All persons testifying at the hearings shall do so under oath and under penalty of perjury. The commission shall have the right to issue subpoenas to compel the appearance of witnesses and/or the production of any books, records, or other documents. Any person may be represented by counsel at the hearing. The commission may adjourn the hearings from time to time, whenever the adjournment shall, in its opinion, be necessary or desirable. The testimony adduced at the hearing shall be transcribed by a stenographer.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-29. Notice of decisions by commission.

Within a reasonable time following the conclusion of the hearing, the commission shall render its decision and findings and shall give notice thereof by publication in some newspaper published in the county of Providence, and by mailing a copy thereof by registered or certified mail to each person interested therein who shall have registered with the commission his or her name and address with a request to be so notified.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-30. Review of decisions.

Any person aggrieved by any decision may obtain a judicial review thereof in accordance with chapter 35 of title 42.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-31. Notice of hearings on orders.

Before adopting or entering any order applicable to any one or more specific persons, the commission shall give to each of the persons, by registered or certified mail, twenty (20) days’ notice in writing of the time and place of a hearing to be afforded each of the persons should he or she or it desire the hearing. The notice shall state the time and place of the holding of the hearing.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-32. Procedure for hearings on orders.

The provisions of §§ 46-25-27 46-25-30 relative to hearings and judicial review, shall be applicable to all hearings and decisions under § 46-25-31 .

History of Section. P.L. 1980, ch. 342, § 1.

46-25-33. Commission expenses as cost of project.

The expenses of the commission in the performance of its duties hereunder shall be construed to be costs of operation and maintenance of the project.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-34. Cooperation and coordination with other agencies.

In the performance of its duties hereunder, the commission shall be entitled to ask for and to receive from the Providence water supply board or any other commission, board, officer, or agency of the state, such information, cooperation, assistance and advice as shall be reasonable and proper in view of the nature of the functions. Each municipality within the district shall make available to the commission the names and addresses of the users of sewage services within the municipality, and shall assist the commission in providing administrative support for the billing of users at a reasonable cost to the commission.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1983, ch. 235, § 1; P.L. 1991, ch. 309, § 3.

46-25-35. Legislative recommendations.

The commission may, from time to time, recommend to the general assembly the advisability of the enactment of any legislation relating to the project.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-36. Liberal construction.

The provisions of this chapter shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to the commission by the provisions hereof, the statement thereof shall not be deemed to exclude or impair any power otherwise in this chapter conferred upon the commission.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-37. Bonds authorized — Maturity — Certification and endorsement.

  1. The general treasurer is hereby authorized and empowered, with the approval of the governor and in accordance with the provisions of this chapter, to issue, from time to time, bonds in the name and behalf of the state, and in such amounts as may be specified, from time to time, by the governor in an aggregate principal amount not to exceed eighty-seven million, seven hundred thousand dollars ($87,700,000) to be designated as “Narragansett Bay water quality management district commission loan of 1980”. The bonds shall be in denominations of one thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the United States, which at the time of payment shall be legal tender for public or private debts. The bonds shall bear such date or dates, mature at such time or times not exceeding twenty (20) years from their respective date of issue, bear interest payable semiannually at such rate or different varying rates, be payable at such time or times, at such place or places, be subject to such terms of recall or redemption, with or without premium, be in such form with or without interest coupons attached carrying such registration, conversion, reconversion, transfer, debt requirement, acceleration, and other provisions as may be fixed by the general treasurer, with the approval of the governor, upon each issue of the bonds at the time of each issue.
  2. Whenever the governor shall approve the issuance of the bonds, he or she shall certify the approval to the secretary of state; the general treasurer shall countersign the bonds and affix the seal of the state. The approval of the governor shall be endorsed on each bond so approved with a facsimile of his or her signature.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-38. Proceeds: Narragansett Bay water quality management district commission fund.

The general treasurer is hereby directed to deposit the proceeds of the sale of the bonds, including any premium or premiums and any accrued interest which may be received from the sale thereof, in one or more of the depositories in which the funds of the state may be lawfully kept, in the account to be known as “Narragansett Bay water quality management district commission fund”, to be used as follows:

  1. For the project within the district;
  2. As prescribed in § 46-25-42 , in the case of premiums or accrued interest,
  3. In the event that the amount received from the sale of the bonds exceeds the amount necessary for the planning, construction, extension, and improvement of the project, the surplus shall be used to the extent possible to retire the bonds as they may become due,
  4. Provided, however, that six million dollars ($6,000,000) of the proceeds of the fund may be utilized for the purposes of the Blackstone Valley sewer district and an additional nine million dollars ($9,000,000) of the proceeds may be utilized for the purposes of the Pawtuxet River district commission.

History of Section. P.L. 1980, ch. 342, § 1; P.L. 1990, ch. 434, art. 2, § 2.

46-25-38.1. Narragansett Bay environmental enforcement fund.

There is hereby established a separate fund within the “Narragansett Bay water quality management district commission fund” to be called the “Narragansett Bay environmental enforcement fund”. This fund shall be administered by the executive director of the commission. The fund shall consist of such sums as the commission may, from time to time, deposit, or the sums recovered by any administrative or civil enforcement action brought under the authority of this chapter. All interest earned on the sums shall become part of the fund. All sums in the fund shall be expended in accordance with § 46-25-24 for the purposes set forth below:

  1. Emergency response activities.  These activities shall include, but not be limited to, site inspections, investigatory reports, collection, monitoring, and analysis of samples of wastewater, air and/or soil waste disposal or spill response, analysis, and containment.
  2. Enforcement activities.  These funds may also be used to support activities related to enforcement of the provisions of this chapter, and the rules and regulations adopted pursuant thereto, regarding illegal discharges and spills to the facilities, including, but not limited to, legal activities to enforce the provisions of this chapter and secure contributions from violators as well as ancillary services, personnel, or equipment to support the activities enumerated in this section.
  3. Additional activities.  These activities shall include, but not be limited to, professional and emergency response training for employees, environmental research and development projects, public information and education, and technical assistance provided by the commission to any state, federal, or municipal agency.
  4. Bay bond debt retirement.  Those funds which have not been committed for projects within a three (3) year period following their deposit into the fund may be used to pay the long term debt service on bonds issued pursuant to this chapter.

History of Section. P.L. 1989, ch. 221, § 1; P.L. 1996, ch. 397, § 1.

46-25-39. Temporary notes.

  1. The general treasurer is hereby authorized and empowered, with the approval of the governor, and in accordance with provisions of this chapter, to borrow upon temporary notes issued in anticipation of the issuance of the bonds, from time to time, in the name and behalf of the state, sums of money for the purposes set forth in § 46-25-4 .
  2. The notes shall be signed by the general treasurer and countersigned by the secretary of state, and shall be issued at such time or times in such amounts, at such rates of interest, with such provisions of prepayment, with or without premium, acceleration, and other terms as may be fixed by the general treasurer, with the approval of the governor.
  3. The notes may be issued from time to time for periods not exceeding two (2) years, and may be refunded or renewed from time to time, by the issue of other notes for periods not exceeding two (2) years, but the notes, including all refundings and renewals thereof, shall bear maturity dates not later than five (5) years from the date of each original issue. The total sum of the terms of the notes plus the term of the bonds, which the issuance of the notes anticipate, shall not exceed twenty-five (25) years in duration.
  4. The proceeds of the sale of the notes, inclusive of any premiums and any accrued interest which may be received from the sale thereof, shall be applied to the purposes for which the notes are issued, and shall be deposited by the general treasurer in the account described in § 46-25-38 .

History of Section. P.L. 1980, ch. 342, § 1.

46-25-40. Advances from general fund in anticipation of the issue of notes or bonds.

The general treasurer is authorized, from time to time, with the approval of the governor, in the anticipation of the issue of notes or bonds under the authority of this chapter, to advance to the fund, to be used for the purposes specified in § 46-25-38 , any funds of the state not specifically held for any purpose; provided, however, that all the advances shall be returned to the general fund forthwith upon the receipt by the fund of proceeds from the issue of notes or bonds.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-41. Bonds and notes tax exempt general obligations of state.

All bonds and notes issued under the authority of this chapter shall be exempt from taxation in the state and shall be general obligations of the state, and the full faith and credit of the state are hereby pledged for the due payment of the principal and the interest on each of the bonds and notes as the bonds and notes shall become due.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-42. Terms and conditions of sales — Applications of premiums and accrued interest — Validity not affected by change in office.

  1. Any bond or note issued under the authority of this chapter shall be sold from time to time at not less than the principal amount thereof, on such terms and conditions as the general treasurer, with the approval of the governor, shall be deemed to be for the best interest of the state. The purchaser of any of the bonds or notes shall pay accrued interest to the date of delivery of the bonds or notes.
  2. Any premiums or accrued interest, which may be received as the result of the sale of bonds or notes, shall be applied to the payment of debt service costs.
  3. Any bonds or notes issued under the provisions of this chapter and any coupons on any bonds, if properly executed by the manual or facsimile signature, as the case may be, of officers of the state in office on the date of execution, shall be valid and binding according to their tenor, notwithstanding that, before the delivery thereof and payment therefor, any or all of the officers shall for any reason have ceased to hold office.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-43. Investment of receipt pending expenditures.

All moneys in the fund, not immediately required for payment pursuant to the provisions of this chapter, may be invested by the state investment commission, as established by chapter 10 of title 35, pursuant to the provisions of that chapter; provided, however, that the securities in which the fund is invested shall remain a part of the funds, as shall other securities for which the funds may from time to time, pursuant to that chapter, be exchanged, and provided, further, that the income from the investment shall become part of the fund, and shall be used to the extent possible to pay debt service costs.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-44. Payment of bond issue expenses, interest, and principal.

For the purpose of paying any expenses incurred by the general treasurer in the issuance of the bonds or notes under the authority of this chapter, and any interest and any principal becoming payable, from time to time on the bonds or notes issued under the authority of this chapter and then outstanding, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the expenses, interest, and principal out of the fund. In the event that the amount available in the fund is not sufficient for this purpose, a sum sufficient is hereby annually appropriated out of any money in the treasury not otherwise appropriated for the payment of the expenses, interest, and principal.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-45. Appropriation.

For the purpose of paying initial expenses of administration and operation of the commission, there is hereby appropriated, out of any money in the treasury not otherwise appropriated, the sum of two hundred thousand dollars ($200,000), and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much thereof as may be required, from time to time, upon receipt by the controller of proper vouchers signed by the director of the department of administration and approved by the governor.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-46. Repealed.

Repealed Sections.

This section (P.L. 1980, ch. 342, § 1), providing for a referendum in November 1980, was repealed by P.L. 2007, ch. 340, § 59, effective July 7, 2007.

46-25-47. Applicability of election laws.

All laws relating to elections, as set forth in title 17 as amended, shall as far as consistent herewith, apply to the election authorized hereunder.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-48. Termination of existence of commission.

If the people shall reject the proposition submitted to referendum under the provisions of § 46-25-46 , the existence of the commission shall terminate on June 30, 1981, unless its existence is extended by the general assembly, and all its rights and properties shall pass as provided in § 46-25-4 .

History of Section. P.L. 1980, ch. 342, § 1.

46-25-49. Severability.

If any provisions of this chapter or of any rule, regulation, or order made thereunder, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of the provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of this chapter, and it is hereby declared to be the legislative intent that this chapter would have been enacted if the invalid parts had not been included therein.

History of Section. P.L. 1980, ch. 342, § 1.

46-25-50. Authority to borrow in anticipation of user fees or state or federal funds.

Pursuant to the provisions of this chapter, the commission is hereby authorized and empowered, with the approval of the governor, to borrow in anticipation of the receipt of user fees or state or federal funds.

History of Section. P.L. 1981, ch. 91, § 2.

46-25-51. Commission notes.

  1. Money borrowed by the commission pursuant to § 46-25-50 shall be evidenced by notes. The principal and interest of all notes of the commission issued in anticipation of the receipts of state or federal funds shall be payable no later than the fourth anniversary of the date of issue thereof, and shall be payable from state or federal funds which the commission reasonably anticipates receiving or any other funds either legally available to the commission or appropriated for that purpose. The principal and interest of all notes of the commission, issued in anticipation of user fees, shall be payable within one year of the date of issue thereof and may be renewed, and the principal amount of the notes shall not exceed in the aggregate eighty percent (80%) of the actual receipts received by the commission from user fees in its next prior fiscal year.
  2. Notwithstanding any other provisions of this chapter, all notes shall be deemed to be negotiable instruments under the laws of the state of Rhode Island, subject only to the provisions for registration contained therein.
  3. The notes or any issue thereof shall be in a form and contain such other provisions as the commission may determine, and the notes or resolutions or proceedings authorizing the notes or any issue thereof may contain, in addition to any provisions, conditions, covenants, or limitations authorized by this chapter, any provisions, conditions, covenants, or limitations which the commission is authorized to include in any resolution or resolutions authorizing notes.
  4. The commission may issue such notes in such manner, either publicly or privately, on such terms as it may determine to be in its best interest. The notes may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, body, or agency of the state, without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, or things which are specifically required by this chapter, and by the provisions and resolutions authorizing the issuance of the notes.

History of Section. P.L. 1981, ch. 91, § 2; P.L. 1982, ch. 264, § 1; P.L. 1996, ch. 349, § 1; P.L. 1996, ch. 399, § 1.

46-25-52. Security for notes.

  1. The principal of and interest on any notes issued by the commission may be secured by a pledge of the general credit of the commission.
  2. Any resolution under which notes of the commission are authorized to be used (and any trust indenture established thereby) may contain provisions for vesting in a trustee, or paying agent, such properties, rights, powers, and duties in trust as the commission may determine.

History of Section. P.L. 1981, ch. 91, § 2.

46-25-53. Exemption from taxation.

The commission shall not be required to pay state taxes of any kind, and the commission, its projects, property, and moneys and, except for estate, inheritance, and gift taxes, any notes issued under the provisions of this chapter, and the income (including gain from sale or exchange) therefrom, shall at all times be free from taxation of every kind by the state and by the municipalities and all political subdivisions of the state.

History of Section. P.L. 1981, ch. 91, § 2.

46-25-54. Notes as legal investments.

The notes of the commission are hereby made securities in which all public officers and bodies of this state, and all municipalities and municipal subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them.

History of Section. P.L. 1981, ch. 91, § 2.

46-25-55. Noteholders’ rights not to be affected by state.

The state does hereby pledge to and agree with the holders of any notes issued under this chapter, that the state will not limit or alter the rights hereby vested in the commission to fulfill the terms of any agreements made with the holders until the notes, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The commission is authorized to include this pledge and agreement of the state in any agreement with the holders of the notes.

History of Section. P.L. 1981, ch. 91, § 2.

46-25-56. Credit of state not pledged.

Notes issued under the provisions of this chapter shall not constitute a debt, liability, or obligation of the state or of any political subdivision thereof other than the commission, or a pledge of the faith and credit of the state or any political subdivision other than the commission, but shall be payable solely from the revenues or assets of the commission legally available for that purpose. Each note issued under this chapter shall contain on the face thereof a statement to the effect that the state shall not be obligated to pay the note or interest thereon, and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof other than the commission is pledged to the payment of the principal or of the interest on the obligation.

History of Section. P.L. 1981, ch. 91, § 2.

46-25-57. Sale of rights to uncollected assessments and user fees that are due and payable.

The executive director, with the approval of the chairperson of the commission and the director of the department of administration, is authorized to sell to a bank or other financial institution the rights of the commission to receive assessment and user fees which are due and payable as of the end of the commissioner’s fiscal year and are uncollected at the time of the sale. Terms and conditions of the sale shall be determined by the executive director, with the approval of the chairperson and the director of the department of administration. Any agreement between the commission and a bank or other financial institution, executed under this section, shall be filed with the secretary of state, but need not be filed or recorded under the Uniform Commercial Code. The executive director shall act as the sole collecting agency for the bank or financial institution, and shall exercise the rights under this chapter as to collection, enforcement of liens, and sale for nonpayment with respect to the assessments and user fees.

History of Section. P.L. 1986, ch. 349, § 2.

46-25-58. Revenue bonds and notes of the commission.

  1. The commission shall have the power and is hereby authorized to issue, from time to time, its negotiable revenue bonds and notes in one or more series in such principal amounts as in the opinion of the commission shall be necessary to provide sufficient funds for achieving its purposes, including the payment of interest on revenue bonds and notes of the commission to the extent permitted by law, the establishment of reserves to secure the revenue bonds and notes (including the reserve funds created pursuant to § 46-25-60 ), and the making of all other expenditures of the commission incident to and necessary or convenient to carrying out its corporate purposes and powers.
  2. All revenue bonds and notes issued by the commission, may be secured by the full faith and credit of the commission and may be payable solely out of the revenues, earnings, and receipts of the commission or such other property pledged for payment. The revenue bonds and notes may be executed and delivered by the commission at any time, from time to time, may be in such form and denominations and of such tenor and maturities, and may be in bearer or registered form, as to principal and interest or as to principal alone, all as the commission, in its sole discretion, may determine.
  3. Revenue bonds may be payable in such installments, and at such times not exceeding fifty (50) years from the date thereof, as shall be determined by the commission.
  4. Revenue notes may be payable in such installments and at such times not exceeding ten (10) years from the date of the original issue of such revenue notes, as shall be determined by the commission.
  5. Revenue bonds and notes may be payable at such places, whether within or without the state of Rhode Island, may bear interest at such rate or rates payable at such time or times and at such place or places evidenced in such manner, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the commission under which they shall be authorized to be issued.
  6. There may be retained, by provision made in the proceedings under which any revenue bonds or revenue notes of the commission are authorized to be issued, an option to redeem all or any part thereof at such prices and upon such notice, and on such further terms and conditions, as shall be set forth on the record of the proceedings and on the face of the revenue bonds and notes.
  7. Any revenue bonds or revenue notes of the commission may be sold, from time to time, at such prices, at public or private sale, and in such manner as shall be determined by the commission, and the commission shall pay all expenses, premiums, and commissions that it shall deem necessary or advantageous in connection with the issuance and sale thereof.
  8. Moneys of the commission, including proceeds from the sale of revenue bonds or revenue notes, and revenues, receipts, and income from any of its sewage treatment facilities, may be invested and reinvested in such obligations, securities, and other investments consistent with this chapter, and to the extent permitted by the general laws of the state of Rhode Island, and/or as shall be specified in the resolutions under which the revenue bonds or revenue notes are authorized.
  9. Issuance by the commission of one or more series of revenue bonds or revenue notes for one or more purposes shall not preclude it from issuing other revenue bonds or revenue notes, but the proceedings whereunder any subsequent revenue bonds or revenue notes may be issued shall recognize and protect a prior pledge or mortgage made for a prior issue of revenue bonds or revenue notes, unless in the proceedings authorizing the prior issue, the right is reserved to issue subsequent revenue bonds or revenue notes on a parity with the prior issue.
  10. The commission is authorized to issue revenue bonds or revenue notes for the purpose of refunding its revenue bonds or revenue notes then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase or maturity, of the revenue bonds or revenue notes, and, if deemed advisable by the commission, for the additional purpose of paying all or part of the cost of acquiring, financing, extending, operating, maintaining, constructing, reconstructing, rehabilitating, developing, planning, or improving any sewage treatment facility. The proceeds of revenue bonds or revenue notes issued for the purpose of refunding outstanding revenue bonds or revenue notes may be applied, in the discretion of the commission, to the purchase, retirement at maturity, or redemption of the outstanding revenue bonds or revenue notes either on their earliest or a subsequent redemption date, and may, pending an application, be placed in escrow. Any escrowed proceeds may be invested and reinvested in obligations of the United States and, to the extent permitted by the proceedings authorizing the issuance of the revenue bonds to be refunded, in obligations guaranteed by the United States, or in certificates of deposit or time deposits secured or guaranteed by the state of Rhode Island or the United States, or an instrumentality of either, maturing at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding revenue bonds or revenue notes to be so refunded. To the extent permitted by applicable laws, the interest, income, and profits, if any, earned or realized on any investment may also be applied to the payment of the outstanding revenue bonds or revenue notes to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income, and profits, if any, earned or realized on the investments thereof, may be returned to the commission for its use. The portion of the proceeds of revenue bonds or revenue notes issued for the additional purpose of paying all or part of the cost of acquiring, financing, extending, operating, maintaining, constructing, reconstructing, rehabilitating, developing, planning, or improving any sewage treatment facility, may be invested and reinvested in such obligations, securities, and other investments consistent herewith as shall be specified in the resolutions under which the revenue bonds or revenue notes are authorized, and which shall mature not later than the times when the proceeds will be needed for such purposes. To the extent permitted by applicable laws, the interest, income, and profits, if any, earned or realized on the investments may be applied to the payment of all parts of the costs or may be used by the commission otherwise in furtherance of its purposes.
  11. The members, the chairperson of the commission, the executive director, and other persons executing the revenue bonds or revenue notes shall not be subject to personal liability or accountability by reasons of the issuance thereof.
  12. Revenue bonds or revenue notes may be issued under the provisions of this section without obtaining the consent of any department, division, commission, board, body, bureau, or agency of the state of Rhode Island, and without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, or things which are specifically required by this section and by the provisions of the resolution authorizing the issuance of the revenue bonds or revenue notes or the trust agreement securing the bonds or notes.
  13. Notwithstanding the foregoing, the commission shall not issue any bonds, notes, or other evidence of indebtedness without the approval of the division of public utilities as required by § 39-3-15 .
  14. The commission, subject to such agreements with noteholders or bondholders as may then be in force, shall have the power, out of any funds available therefor, to purchase revenue bonds or revenue notes of the commission, which shall thereupon be cancelled, at a price not exceeding:
    1. If the revenue bonds or revenue notes are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date, or
    2. If the revenue bonds or revenue notes are not then redeemable, the redemption price applicable on the earliest date that the revenue bonds or revenue notes become subject to redemption, plus the interest that would have accrued to such date.
  15. Whether or not the revenue bonds and notes are of such form and character as to be negotiable instruments under the terms of the Rhode Island Uniform Commercial Code, the revenue bonds and notes are hereby made negotiable instruments within the meaning of and for all the purposes of the Rhode Island Uniform Commercial Code.
  16. If a member or officer of the commission whose signature appears on revenue bonds, revenue notes, or coupons shall cease to be a member or officer before the delivery of the revenue bonds or revenue notes, the signature shall, nevertheless, be valid and sufficient for all purposes, the same as if the member or officer had remained in office until the delivery.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-59. Security for revenue bonds or revenue notes.

  1. The principal of and interest on any revenue bonds or revenue notes issued by the commission, may be secured by a pledge of any revenues and receipts of the commission, and may be secured by a mortgage or other instrument covering all or any part of one or more sewage treatment facilities, including all or part of any additions, improvements, extensions to language, or enlargements of such facilities thereafter made.
  2. The resolution under which the revenue bonds or revenue notes are authorized to be issued and any such mortgage, lease, sales agreement, or loan agreement, or other instrument may contain agreements and provisions respecting the maintenance of the facilities covered thereby, the fixing and collection of rents, payments or repayments, or other revenues, therefrom, including moneys received in repayment of loans, and interest thereon, the creation and maintenance of special funds from such rents or other revenues, and the rights and remedies available in the event of default, all as the commission shall deem advisable.
  3. Each pledge, agreement, mortgage, or other instrument made for the benefit or security of any of the revenue bonds or revenue notes of the commission shall continue in effect until the principal of and interest on the revenue bonds or revenue notes for the benefit of which the same was made shall have been fully paid, or until provision shall have been made for the payment in the manner provided in the resolutions under which the revenue bonds or revenue notes were authorized.
  4. The commission may provide, in any proceedings under which revenue bonds or revenue notes may be authorized, that any sewage treatment facility or part thereof may be constructed, reconstructed, rehabilitated, or improved by the commission, or any lessee, vendee, obligor, or any designee of the commission, and may also provide in proceedings for the time and manner of and requisitions for disbursements to be made for the cost of such construction, and for all such certificates and approvals of construction and disbursements as the commission shall deem necessary and provide for in proceedings.
  5. Any resolution under which revenue bonds or revenue notes of the commission are authorized to be issued (and any trust indenture established thereby) may contain provisions for vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the commission may determine, including any or all of the rights, powers, and duties of the trustee appointed by the holders of any issue of revenue bonds or revenue notes pursuant to § 46-25-65 , in which event the provisions of § 46-25-65 authorizing the appointment of a trustee by holders of revenue bonds or revenue notes shall not apply.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-60. Reserve funds and appropriations.

To assure the continued operation and solvency of the commission for the carrying out of its corporate purposes:

  1. The commission may create and establish one or more special funds (herein referred to as   “capital reserve funds”), and may pay into each capital reserve fund:
    1. Proceeds from the sale of revenue notes or revenue bonds, to the extent provided in the resolution or resolutions of the commission authorizing the issuance thereof; and
    2. Any other money that may be made available to the commission for the purpose of the fund from any other source. All money held in a capital reserve fund, except as hereinafter provided, shall be used solely for the payment of the principal of revenue bonds secured in whole or in part by the fund or of the sinking fund payments hereinafter mentioned with respect to the revenue bonds, the purchase or redemption of the revenue bonds, the payment of interest on the revenue bonds, or the payment of any redemption premium required to be paid when the revenue bonds are redeemed prior to maturity, provided, that money in the fund shall not be withdrawn therefrom, except for the purpose of making (with respect to revenue bonds secured in whole or in part by the fund) payment when due of principal, interest, redemption premiums, and the sinking fund payments hereinafter mentioned, for the payment of which other money of the commission are not available, if the withdrawal would reduce the amount of the fund to less than the minimum capital reserve requirement established for the fund as hereinafter provided. Any income or interest earned by, or incremental to, any capital reserve fund because of the investment of the funds thereof, may be transferred by the commission to other funds or accounts of the commission if the transfer would not reduce the amount of the capital reserve fund below the minimum capital reserve fund requirement for such fund.
  2. The commission shall not at any time issue revenue bonds secured in whole or in part by a capital reserve fund if, upon the issuance of the revenue bonds, the amount of the capital reserve fund would be less than the minimum capital reserve required for the fund, unless the commission, at the time of issuance of the revenue bonds, shall deposit in the fund from the proceeds of the revenue bonds so to be issued, or from other sources, an amount that, together with the amount then in the fund, is not less than the minimum capital reserve fund requirement for the fund. For the purpose of this section, the term   “minimum capital reserve fund requirement” shall mean, as of any particular date of computation, an amount of money, as provided in the resolution or resolutions of the commission authorizing the revenue bonds or revenue notes with respect to which the fund is established, equal to not more than the greatest of the respective amounts, for the current or any future fiscal year of the commission, of annual debt service on the revenue bonds of the commission secured in whole or in part by the fund, the annual debt service for any fiscal year being the amount of money equal to the sum of:
    1. The interest payable during the fiscal year on all revenue bonds secured in whole or in part by the fund outstanding on the date of computation; plus
    2. The principal amount of all the revenue bonds and revenue bond anticipation notes outstanding on the date of computation that mature during the fiscal year; plus
    3. All amounts specified in any resolution of the commission authorizing the revenue bonds as payable during the fiscal year as a sinking fund payment with respect to any of the revenue bonds that mature after the fiscal year, all calculated on the assumption that the revenue bonds will after the date of computation, cease to be outstanding by reason, but only by reason, of the payment of revenue bonds when due and application in accordance with the resolution authorizing those revenue bonds of all of the sinking fund payments payable at or after the date of computation.
  3. In computing the amount of the capital reserve funds for the purpose of this section, securities in which all or a portion of the funds shall be invested, shall be valued as provided in the proceedings under which the revenue bonds are authorized, but in no event shall be valued at a value greater than par.
  4. The commission may create and establish such other fund or funds as may be necessary or desirable for its purposes, including, but not limited to, providing for an insurance reserve fund and a replacement reserve fund.
  5. The commission may by resolution permit the issuance of revenue bonds and notes to carry out the purposes of this chapter without establishing a capital reserve fund pursuant to this section and without complying with the limitations set forth in this section. Revenue bonds and notes issued pursuant to this subsection may be secured by such other funds or methods as the commission may in its discretion determine by resolution.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-61. Trust funds.

All money received pursuant to the issuance of revenue bonds or revenue notes or as revenues, receipts or income, shall be trust funds if such is provided for in the proceedings under which the revenue bonds or revenue notes are authorized. Any officer with whom, or any bank or trust company with which, money shall be deposited as trustee hereof shall hold and apply the money for the purposes thereof, subject to the applicable provisions of this chapter, the proceedings authorizing the revenue bonds or revenue notes, and the trust agreement securing the revenue bonds or revenue notes, if any.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-62. Exemption of the commission’s revenue bonds and notes from taxation.

Revenue bonds and notes of the commission, and the income (including gain from sale or exchange) therefrom, shall at all times be free from taxation of every kind of the state of Rhode Island and the municipalities and all political subdivisions thereof.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-63. Revenue notes and bonds as legal investments.

The revenue notes and bonds of the commission are hereby made securities in which all public officers, state agencies, public corporations, and bodies of this state, and all municipalities and municipal subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state of Rhode Island, may properly and legally invest funds, including capital, in their control or belonging to them.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-64. Agreement of the state of Rhode Island.

The state of Rhode Island does hereby pledge to and agree with the holders of any revenue bonds or revenue notes issued under §§ 46-25-58 46-25-66 , that the state will not limit or alter the rights hereby vested in the commission to fulfill the terms of any agreements made with the holders until the revenue bonds or revenue notes, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The commission is authorized to include this pledge and agreement of the state in any agreement with the holders of the revenue bonds or revenue notes.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-65. Credit of the state of Rhode Island.

Obligations issued under the provisions of §§ 46-25-58 46-25-66 shall not constitute a debt, liability, or obligation of the state or of any political subdivision thereof, other than the commission, or a pledge of the faith and credit of the state or any political subdivision, other than the commission, but shall be payable solely from the revenues or assets of the commission. Each obligation issued pursuant to §§ 46-25-58 46-25-66 shall contain on the face thereof a statement to the effect that the commission shall not be obligated to pay the obligation or interest thereon except from revenues or assets pledged therefor, and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof, other than the commission, is pledged to the payment of the principal of or the interest on the obligation.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-66. Remedies of bondholders and noteholders.

  1. In the event that the commission shall default in the payment of principal of or interest on any revenue bonds or revenue notes, issued pursuant to the provisions of §§ 46-25-58 46-25-66 , after the bonds or notes shall become due, whether at maturity or upon call for redemption, and the default shall continue for a period of thirty (30) days, or in the event that the commission shall fail or refuse to comply with the provisions of this chapter, or shall default in any agreement made with the holders of an issue of revenue bonds or revenue notes of the commission, the holders of twenty-five percent (25%) of the aggregate principal amount of the revenue bonds or revenue notes of the issue then outstanding, by instrument or instruments filed in the office of the secretary of state and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of the revenue bonds or revenue notes for the purposes herein provided.
  2. The trust may, and upon written request of the holders of twenty-five percent (25%) of the aggregate principal amount of the revenue bonds or revenue notes then outstanding shall, in his or her or its own name:
    1. Enforce all rights of the bondholders or noteholders, including the right to require the commission to collect rent, interest, repayments, and payments on the leases, mortgages, loan agreements, and sales agreements held by it to carry out any agreement as to, or pledge of, the rent, interest repayments, and payments, and to require the commission to carry out any other agreements with the holders of the revenue bonds or revenue notes and to perform its duties under this chapter;
    2. Enforce all rights of the bondholders or noteholders so as to carry out any contract as to, or pledge of, revenues, and to require the commission to carry out and perform the terms of any contract with the holders of its revenue bonds or revenue notes or its duties under this chapter;
    3. Bring suit upon all or any part of the revenue bonds or revenue notes;
    4. By action or suit, require the commission to account as if it were the trustee of an express trust for the holders of the revenue bonds or revenue notes;
    5. By action or suit, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of the revenue bonds or revenue notes;
    6. Declare all the revenue bonds or revenue notes due and payable and, if all defaults shall be made good, then, with the consent of the holders of twenty-five percent (25%) of the aggregate principal amount of the revenue bonds or revenue notes then outstanding, to annul the declaration and its consequences.
  3. The trustees shall, in addition to the foregoing have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.
  4. The superior court of Providence County shall have jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders or noteholders.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-67. Other statutes and ordinances.

Nothing herein contained shall restrict or limit the powers of the commission arising under any laws of this state, or any ordinances of any municipality, except if the powers are expressly contrary to the provisions of this chapter. This chapter shall be construed to provide a complete additional alternative method for doing the things authorized hereby, and shall be regarded as supplemental and in addition to the powers conferred by other laws. The issuance of all revenue bonds, revenue notes, and other obligations of the commission, under the provisions of §§ 46-25-58 46-25-66 , need not comply with the requirements of any other statute applicable to the issue of the bonds, notes, and other obligations. No proceedings or notice of approval shall be required for the issuance of any revenue bonds, revenue notes, or other obligations, or any instrument of security therefor except as herein provided.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-68. Inconsistent provisions.

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special or local, the provisions of this chapter shall be controlling.

History of Section. P.L. 1989, ch. 557, § 3.

46-25-69. Severability.

The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.

History of Section. P.L. 1989, ch. 557, § 3.

Chapter 25.1 Merger of Blackstone Valley District Commission and Narragansett Bay Water Quality Management District Commission

46-25.1-1. Merger — Effective date — Transfer of assets and assumption of liabilities.

  1. Subject to the approval of the Narragansett Bay water quality management district commission, the Blackstone Valley district commission shall be merged with and into the Narragansett Bay water quality management district commission. Upon such merger, the Blackstone Valley district commission shall cease to exist; provided, however, that all actions shall be taken which are necessary to preserve any federal funds or federal assistance currently available or expected to become available to the Blackstone Valley district commission and all actions shall be taken which are necessary to preserve any available funds of the state currently available or expected to become available to the Blackstone Valley district commission for tort liability for acts occurring on or prior to the effective date of the merger. In addition, the resulting, surviving entity shall be eligible to receive the proceeds of any bonds or notes issued pursuant to chapter 289 of the public laws of 1986, chapter 1837 of the public laws of 1947, as amended by chapter 2515 of the public laws of 1950, as amended by chapter 2966 of the public laws of 1952, as amended by chapter 267 of the public laws of 1966 and as amended by chapter 92 of public laws of 1971, and/or chapter 434 of the public laws of 1990. The existence of the Narragansett Bay water quality management district commission shall continue unaffected and unimpaired by said merger, and the Narragansett Bay water quality management district shall continue to be governed by chapter 25 of this title.
  2. The Blackstone Valley district commission is hereby authorized to and shall pass such resolutions, enter into such agreements and do all things deemed useful and necessary by it to effectuate the merger; and the Narragansett Bay water quality management district commission is hereby authorized and may pass such resolutions, enter into such agreements and do all things useful and necessary by it to effectuate the merger.
  3. The merger shall be effective no later than December 31, 1991; provided, however, that in its sole discretion the Narragansett Bay water quality management district commission may extend the effective date of the merger up to and including June 30, 1992. Upon completion, the merger shall be certified to the secretary of state by the executive director of the Narragansett Bay water quality management district commission.
  4. Upon the merger of the Blackstone Valley district commission and the Narragansett Bay water quality management district commission, the Narragansett Bay water quality management district commission shall assume responsibility for the planning, construction, operation and maintenance of combined sewer overflow facilities and appropriate facilities for dealing with the sewage and industrial wastes originating in the municipalities and industries located in the Blackstone and Moshassuck Valleys and discharged into the waters of the state.
    1. On the date of the merger, all property, real, personal and mixed, and all debts due on whatever account, and all other choses in action, including, but not limited to, any enterprise fund held by the state for the benefit of the Blackstone Valley district commission, and all and every other interest of or belonging to or due to the Blackstone Valley district commission, shall be taken and deemed to be transferred to and vested in the Narragansett Bay water quality management district commission without further act or deed; all persons employed by the Blackstone Valley district commission on the date of the merger shall be deemed employees of the Narragansett Bay water quality management district commission; and the title to any real estate, or any interest therein, vested in the Blackstone Valley district commission shall not revert or be in any way impaired by reason of the merger.
    2. The Narragansett Bay water quality management district commission shall also be responsible and liable for all the liabilities and obligations of the Blackstone Valley district commission; and any claim existing or action or proceeding pending by or against the Blackstone Valley district commission may be prosecuted as if the merger had not taken place, or the Narragansett Bay water quality management district commission may be substituted in its place. Neither the rights of creditors nor any liens upon the property of the Blackstone Valley district commission shall be impaired by the merger. The merger as provided for herein shall not impair the obligation of any contract or agreement or alter existing bargaining units nor abate any suit, action or other proceeding lawfully commenced by or against the Blackstone Valley district commission, or any of its commissioners in relation to the discharge of their official duties, but a court of competent jurisdiction may, on motion filed within twelve (12) months after the effective date of the merger, allow such a suit, action or proceeding to be maintained by or against the Narragansett Bay water quality management district commission or any of its commissioners in relation to the discharge of their official duties.
    3. Upon completion of the merger, all user charges, fees or rates assessed by the Narragansett Bay water quality management district commission as a result of the merger shall be subject to the approval of the public utilities commission.
  5. Upon completion of the merger, as certified to the secretary of state by the executive director of the Narragansett Bay water quality management district commission, chapter 21 of this title entitled, “Blackstone Valley sewer district” shall be repealed in its entirety.

History of Section. P.L. 1991, ch. 309, § 2; P.L. 2007, ch. 340, § 60.

NOTES TO DECISIONS

Notice Required.

Although the Blackstone Valley district commission statute codified at former § 46-21-52 required only notice to resident taxpayers and was silent on notice to mortgagees or other interested parties, § 44-9-11 was impliedly incorporated, for purposes of constitutionality, in the now-repealed Blackstone scheme (§ 46-21-1 et seq.) and the Blackstone commission was therefore required to provide notice to a bank in the manner prescribed in § 44-9-11 , without which the tax sale of certain real estate was void ab initio. Ashness v. Tomasetti, 643 A.2d 802, 1994 R.I. LEXIS 197 (R.I. 1994), cert. denied, 513 U.S. 963, 115 S. Ct. 425, 130 L. Ed. 2d 339, 1994 U.S. LEXIS 7581 (1994), overruled in part, Kildeer Realty v. Brewster Realty Corp., 826 A.2d 961, 2003 R.I. LEXIS 173 (R.I. 2003).

Storm Water.

While the legislature did not intend to give the commission power to require storm water to be treated by the project as a contributory to the pollution which the legislation was intended to abate, where the city’s sewerage system commingles sewage and storm waters so that the total effluent is discharged into the project, it must of necessity be metered in its totality to determine assessment placed upon city, such higher assessment being not the result of an unreasonable rate but due to the design of its own sewerage system. Central Falls v. Halloran, 94 R.I. 189 , 179 A.2d 570, 1962 R.I. LEXIS 58 (1962).

Chapter 25.2 Acquisition, Merger, and Consolidation of Sewer Treatment Facilities of Cities, Towns, and Districts and the Narragansett Bay Water Quality Management District Commission

46-25.2-1. Merger — Effective date — Transfer of assets and assumption of liabilities.

  1. Subject to the agreement of the Narragansett Bay water quality management district commission and a city, town or district, the sewage treatment facilities of such city, town, or district may be merged with and into the Narragansett Bay water quality management district commission or acquired by the Narragansett Bay water quality management district commission; provided, however, the acquisition of any sewage treatment facility requires the approval of the city or town council in the municipality where the facility is located. Upon the merger or acquisition, the district or any commission or other governing authority established by such city or town or the state to manage and operate the sewage treatment facilities shall cease to have control and authority over the facilities acquired; provided, however, that all actions shall be taken which are necessary to preserve any federal funds or federal assistance currently available to or expected to become available to the city, town, or district for sewage treatment facilities. The existence of the Narragansett Bay water quality management district commission shall continue unaffected and unimpaired by said merger or acquisition, and the Narragansett Bay water quality management district commission shall continue to be governed by chapter 25 of this title.
  2. The district, the city or town and any commission or governing authority established by the city or town or the state to manage and operate the sewage treatment facilities are hereby authorized to and may pass such resolutions, enter into such agreements and do all things deemed useful and necessary by it to effectuate the merger or acquisition; and the Narragansett Bay water quality management district commission is hereby authorized and may pass such resolutions, enter into such agreements and do all things useful and necessary by it to effectuate the merger or acquisition.
  3. Upon completion, the merger or acquisition shall be certified to the secretary of state by the executive director of the Narragansett Bay water quality management district commission.
    1. In accordance with the terms of the merger or acquisition agreement, on the effective date of the merger or acquisition, all property, real, personal, and mixed, and all debts due on whatever account, all other choses in action, and all and every other interest of or belonging to or due to the district or city or town related to the sewage treatment facilities, shall, unless otherwise agreed to, be taken and deemed to be transferred to and vested in the Narragansett Bay water quality management district commission without further act or deed; all persons employed by the district or city or town related to the sewage treatment facilities on the date of the merger or acquisition may be deemed employees of the Narragansett Bay water quality management district commission; and the title to any real estate, or any interest therein, vested in the district or city or town related to the sewage treatment facilities shall not revert or be in any way impaired by reason of the merger or acquisition.
    2. In accordance with the terms of the merger or acquisition agreement, the Narragansett Bay water quality management district commission shall, unless otherwise agreed to, also be responsible and liable for all the liabilities and obligations of the district or city or town related to such sewage treatment facilities; and any claim existing or action or proceeding pending by or against the district or city or town related to such sewage treatment facilities shall be prosecuted as if the merger or acquisition had not taken place. Neither the rights of creditors nor any liens upon the property of the district or city or town related to such sewage treatment facilities shall be impaired by the merger or acquisition. The merger or acquisition as provided for herein shall not impair the obligation of any contract or agreement nor abate any suit, action, or other proceeding lawfully commenced by or against the district or city or town related to the sewage treatment facilities, or any of its members or officers in relation to the discharge of their official duties, but a court of competent jurisdiction may, on motion filed within twelve (12) months after the effective date of the merger or acquisition, allow such a suit, action, or proceeding to be maintained by or against the Narragansett Bay water quality management district commission or any of its commissioners in relation to the discharge of their official duties.
    3. Upon a merger or acquisition as provided herein, should the employees of the merged facility (“merged employees”) have been represented by a local, subsidiary or affiliate labor organization of one of the parent labor organizations already representing Narragansett Bay water quality management district commission employees, then the merged employees shall be eligible, if appropriate, for accretion into the existing local, subsidiary or affiliate of the Narragansett Bay water quality management district commission employees; and provided further, the Narragansett Bay water quality management district commission shall have no obligation to recognize or bargain with any labor organization which had represented the merged employees when they were employed by the merged facility.
  4. Upon completion of the acquisition, merger, or consolidation, the district or any commission or other governing authority established by a city or town or the state to manage and operate the sewage treatment facilities shall cease to have control and authority over the facilities acquired and any ordinance, charter provision, public law, general law, or bylaw governing the district’s, commission’s or governing authority’s control over the facilities acquired shall be repealed in its entirety.
  5. Subject to the terms of the merger or acquisition agreement employees of the sewage treatment facility, district, commission, or other governing authority who subsequently become employees of the Narragansett Bay water quality management district commission as a result of the acquisition, merger or consolidation, shall be subject to the provisions of §§ 46-25-8 and 36-9-36 , and may be able to utilize their term of service with the sewage treatment facility, district, commission, or other governing authority, as determined by the executive director, for the purposes of longevity computation as it applies to wages, vacation time, and longevity increases. Provided, however, accrued vacation, sick leave, and all other benefits with the municipality, sewage treatment facility, district, or other governing authority may be transferred.
  6. Any sewer use fees, charges, and assessments in effect prior to the merger or acquisition shall remain in effect and may be assessed and collected by the commission in accordance with §§ 46-25-5(9) , 46-25-5(10) , 46-25-21 , 46-25-22 and 46-25-22.1 . Any change in the sewer use fees, charges and assessments shall be subject to the approval of the public utilities commission.

History of Section. P.L. 1992, ch. 133, art. 108, § 3; P.L. 1999, ch. 225, § 3; P.L. 2007, ch. 340, § 61.

Chapter 26 Improvements to Ten Mile River

46-26-1. Improvements to Ten Mile River.

The state of Rhode Island or any of its municipalities are hereby authorized to negotiate and enter into agreements with the Commonwealth of Massachusetts or any of its municipalities concerning improvements to the Ten Mile River.

History of Section. P.L. 1981, ch. 430, § 1.

46-26-2. Agreements with Massachusetts.

The state of Rhode Island or any of its municipalities are further authorized to negotiate and enter into agreements with the Commonwealth of Massachusetts or any of its municipalities to:

  1. Maintain, and improve the Ten Mile River located within or without either state or commonwealth,
  2. Provide for the financing thereof with any federal funds made available through the Housing and Community Development Act of 1980, 12 U.S.C. § 1701q et seq., or any other federal funds from any other source, and if Rhode Island is delegated the recipient of those funds, then they shall be administered through the department of administration or any agency, authority, or division so designated by the department of administration,
  3. Have the authority to accept funds from the Commonwealth of Massachusetts or any of its municipalities if the commonwealth is the recipient of the federal funds, and
  4. Provide for any and all other matters which may, in the state’s or its municipalities’ discretion, be necessary or desirable to carry out any such agreement.

History of Section. P.L. 1981, ch. 430, § 1.

46-26-3. Town council approval.

Any agreement, executed by a Rhode Island municipality pursuant to § 46-26-2 and this section, must be approved by the town council before the agreements can become effective.

History of Section. P.L. 1981, ch. 430, § 1.

Chapter 27 Personal Watercraft Safety Act

46-27-1. Definitions.

In this chapter, the term:

  1. “Headway speed”  in this section means the slowest speed at which a personal watercraft can be operated and maintain steerage way.
  2. “Operator”  means a person who operates or who has charge of the navigation or use of a watercraft.
  3. “Personal watercraft”  means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional method of sitting or standing inside the vessel.

History of Section. P.L. 1991, ch. 88, § 1; P.L. 1991, ch. 131, § 1.

Collateral References.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R.5th 347.

46-27-2. Regulation of personal watercraft.

  1. No person shall operate a personal watercraft at any time between the hours from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise; provided, that police and fire department personnel on official duty may operate personal watercraft with proper equipment and lighting and are exempted from the provisions of this subsection.
  2. A personal watercraft must at all times be operated in a reasonable and prudent manner. Maneuvers that unreasonably or unnecessarily endanger life, limb, or property, including, but not limited to, weaving through congested vessel traffic, circling a larger vessel unreasonably or jumping the wake of another vessel unreasonably, constitutes reckless operation of a vessel and are prohibited.
  3. No person under the age of sixteen (16) shall operate a personal watercraft on the waters of the state unless an adult accompanies him or her or unless he or she has passed a department of environmental management approved or United States Coast Guard approved safety course.
  4. It is unlawful for the owner of any personal watercraft or any person having charge over or control of a personal watercraft to authorize or knowingly permit the watercraft to be operated by a person under sixteen (16) years of age in violation of this section unless the provisions of subsection (c) are met.
  5. No person shall operate a personal watercraft within two hundred feet (200´) of swimmers, divers, shore, or moored vessels, except at headway speed.
  6. Personal watercraft, when launched from shore or returning to shore, must proceed directly to the area where operation is allowed in a direction as near perpendicular as possible, not in excess of headway speed.
  7. No person shall operate a personal watercraft unless he or she and any passenger is wearing a personal flotation device approved by the United States Coast Guard.
  8. No person shall operate any personal watercraft in a reckless manner so as to endanger the life, limb, or property of another.
  9. No person shall operate any personal watercraft unless it is numbered in accordance with § 46-22-4 .
  10. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch must attach the lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel.
  11. The towns of Charlestown and Westerly have joint jurisdiction over any waters that transcend both jurisdictions, may enter into a binding memorandum pursuant to § 46-23-15.1 , and are hereby authorized to provide, by ordinance, regulations controlling the use of personal watercraft within their jurisdictions. The ordinances may include a ban or limitation on operation on:
    1. Waterbodies that are less than three hundred (300) acres in size, or four hundred feet (400´) in width;
    2. Waterbodies upon which a tradition of swimming, shellfishing, fishing, paddle sports, or small craft rowing or sailing exists;
    3. Waterbodies that can be demonstrated to be ecologically sensitive;
    4. Waterbodies or portions of them surrounded or bordered by significant concentrations of residential development;
    5. Waterbodies where a history of powerboat regulation already exists; or
    6. Waterbodies where navigational considerations due to congestion can be shown to exist.
  12. The department of environmental management shall review and grant final approval of municipal regulations adopted pursuant to this section.
  13. The town of Coventry is hereby authorized to provide, by ordinance, regulations controlling the use of personal watercraft on Tiogue Lake. The ordinances may include a ban or limitation on operation on Tiogue Lake.
  14. The towns of South Kingstown, Narragansett, Middletown, and North Kingstown are hereby authorized to provide, by ordinance, regulations controlling the use of personal watercraft on any or all fresh or inland waters of this town. The ordinances may include a ban or limitation of personal watercraft on any waters in this town. To the extent that any body of water may transcend more than one of the towns set forth in this section, each town shall have joint jurisdiction over the body or bodies of water and may enter into a binding memorandum pursuant to § 46-23-15.1 regarding each town’s joint jurisdiction over the body or bodies of water.
  15. The town of Narragansett is hereby authorized to provide, by ordinance, regulations controlling the use of personal watercraft on any or all fresh or inland waters of this town. The ordinances may include a ban or limitation of personal watercraft on any waters in this town. To the extent that any body of water may transcend more than one of the towns set forth in this section, each town shall have joint jurisdiction over the body or bodies of water and may enter into a binding memorandum pursuant to § 46-23-15.1 regarding each town’s joint jurisdiction over the body or bodies of water.
  16. The town of South Kingstown is hereby authorized to provide, by ordinance, regulations controlling the use of personal watercraft on Narrow River and Green Hill Pond. To the extent that Narrow River transcends the towns of South Kingstown, North Kingstown, and Narragansett, each town shall have joint jurisdiction over such body of water and may enter into a binding memorandum pursuant to § 46-23-15.1 regarding each town’s joint jurisdiction over such body of water.
  17. The town of West Greenwich is hereby authorized to provide, by ordinance, regulations controlling the use of personal watercraft on any or all fresh or inland waters of this town. The ordinances may include a ban or limitation of personal watercraft on any waters in this town.

History of Section. P.L. 1991, ch. 88, § 1; P.L. 1991, ch. 131, § 1; P.L. 1992, ch. 25, § 1; P.L. 1999, ch. 281, § 1; P.L. 2000, ch. 194, § 1; P.L. 2000, ch. 220, § 1; P.L. 2001, ch. 29, § 1; P.L. 2002, ch. 126, § 1; P.L. 2002, ch. 130, § 1; P.L. 2003, ch. 439, § 1; P.L. 2021, ch. 252, § 1, effective July 14, 2021; P.L. 2021, ch. 253, § 1, effective July 14, 2021.

Compiler's Notes.

P.L. 2021, ch. 252, § 1, and P.L. 2021, ch. 253, § 1 enacted identical amendments to this section.

Collateral References.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R.5th 347.

46-27-3. Enforcement.

The department of environmental management, division of boating safety, is empowered to enforce the provisions of this chapter. In addition thereto, the police officers of all localities, and the harbormasters of all localities are empowered to enforce all provisions of this chapter. The harbormaster of any locality, or where there is none, the governing body of any locality is empowered and authorized to establish reasonable speed limits for the operation of any personal watercraft in any area within their jurisdiction. The harbormaster of any locality, or where there is none, the governing body of any locality is empowered and authorized to post signs governing the reasonable use of personal watercraft at any location within their jurisdiction.

History of Section. P.L. 1991, ch. 88, § 1; P.L. 1991, ch. 131, § 1.

Collateral References.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R.5th 347.

46-27-4. Penalties.

Any person who violates any provision of this chapter or who violates any rule or regulation promulgated hereunder, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars ($500), or imprisonment not to exceed six (6) months for each such violation.

History of Section. P.L. 1991, ch. 88, § 1; P.L. 1991, ch. 131, § 1.

Collateral References.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R.5th 347.

Chapter 28 The Rhode Island Rivers Council

46-28-1. Short title.

This chapter shall be known and may be cited as “The Rhode Island Rivers Council”.

History of Section. P.L. 1991, ch. 198, § 1.

46-28-2. Legislative findings and declaration of public policy.

  1. Rhode Island needs an affirmative, clearly articulated program to plan for, manage and protect its rivers and watershed resources on an integrated, inter-agency basis, that supports systems level planning.
  2. Many of the rivers of Rhode Island or sections thereof and related adjacent land possess outstanding aesthetic and recreational value of present and potential benefit to the citizens of this state. The preservation and protection of these rivers and their immediate environment together with their significant recreational, natural and cultural value is hereby declared to be a public policy. It shall be the policy of the state of Rhode Island to protect these values and to practice sound conservation policies and practices relative thereto. It is also recognized that it is in the public interest to:
    1. Preserve open space, natural resources and features, and scenic landscapes;
    2. Preserve cultural and historic landscapes and features;
    3. Preserve opportunities for recreational use of rivers;
    4. Encourage the establishment of greenways which link open spaces together;
    5. Establish a rivers policy consistent with the Rhode Island Comprehensive Planning and Land Use Regulation Act, chapter 22.2 of title 45 as set forth in § 45-22.2-3(c) ;
    6. Continue the regional and comprehensive planning activities for rivers, water quality, and land use conducted by the Rhode Island department of environmental management and the Rhode Island department of administration; and
    7. Utilize the rivers policy and classification plan and other relevant elements of the state guide plan, plans and programs of state and federal agencies, and watershed action plans to coordinate the activities of the public and private sectors so as to achieve the objectives of this section.
  3. It is, therefore, essential that a Rhode Island policy be developed so that these purposes may be fulfilled. The general assembly affirms that it must assure the people of this generation and their descendants the opportunity to appreciate aesthetic and utilize the recreational qualities and resources of the state’s streams and rivers. To implement these policies is the purpose of this chapter and in furtherance thereof to establish the Rhode Island rivers council which will coordinate and oversee the clean up and preservation of the quality of rivers in Rhode Island.

History of Section. P.L. 1991, ch. 198, § 1; P.L. 2004, ch. 159, § 4; P.L. 2004, ch. 254, § 4.

Compiler’s Notes.

P.L. 2004, ch. 159, § 4, and P.L. 2004, ch. 254, § 4, enacted identical amendments to this section.

46-28-3. Definitions.

As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning:

  1. “Council”  means the Rhode Island rivers council.
  2. “River”  means a flowing body of water or estuary or a section, portion, or tributary thereof, including streams, creeks, brooks, ponds, and small lakes.
  3. “Watershed”  means a land area which because of its topography, soil type, and drainage patterns acts as a collector of raw waters which regorge or replenish rivers and existing or planned public water supplies.

History of Section. P.L. 1991, ch. 198, § 1.

46-28-4. Establishment of council — Purpose.

  1. There is hereby authorized, created, and established within the executive department as an associated function, as defined in § 46-28-10 , of the water resources board, established pursuant to chapters 15 and 15.1 of this title, a Rhode Island rivers council known as “the Rhode Island rivers council,” with such powers as are set forth in this chapter, for the purposes of coordinating, overseeing, and reviewing efforts to improve and preserve the quality of rivers and to develop plans to increase the utilization of river areas throughout the state, and to support and strengthen grassroots watershed organizations as local implementers of the plans.
  2. The rivers policy and classification plan prepared and recommended as provided for in § 46-28-7(3) and as adopted by the state planning council shall be the principal means of management and protection by the rivers council. The rivers council shall work in conjunction with watershed councils and all affected federal, regional and state agencies, including, but not limited to, the Rhode Island bays, rivers and watersheds coordination team, the water resources board, the coastal resources management council, the department of environmental management, the department of health, the statewide planning program of the department of administration, and the economic development corporation, municipal governments, private organizations and persons in achieving the purposes set forth in this section, and implementing systems level planning for the state.

History of Section. P.L. 1991, ch. 198, § 1; P.L. 2004, ch. 159, § 4; P.L. 2004, ch. 254, § 4; P.L. 2006, ch. 22, § 8; P.L. 2006, ch. 27, § 8; P.L. 2007, ch. 340, § 62.

46-28-5. Council created — Appointment of members.

Such council shall consist of fifteen (15) members to be appointed in the following manner:

  1. Nine (9) public members shall be appointed by the governor, with the advice and consent of the senate; one of whom shall be a member of a chamber of commerce within Rhode Island, three (3) of whom shall be people who have experience with relevant not-for-profit groups such as local land trusts or conservation commissions, two (2) of whom shall have experience in environmental law, environmental science or planning, and one of whom shall have experience in communication, public outreach or education; one member shall be the general manager of the water resources board or his or her designee who shall be a subordinate within the water resources board who shall serve as a nonvoting ex officio member; one member shall be the director of the department of environmental management or his or her designee who shall be a subordinate within the department of environmental management; one member shall be the executive director of coastal resources management council or his or her designee who shall be a subordinate within the coastal resources management council who shall serve as a nonvoting ex officio member; one member shall be the director of the department of administration or his or her designee who shall be a subordinate within the department of administration; one member shall be the executive director of the economic development corporation or his or her designee who shall be a subordinate within the economic development corporation who shall serve as a nonvoting ex officio member; and one member shall be the president of the Rhode Island League of Cities and Towns or his or her designee who shall serve as a nonvoting ex officio member.
  2. All duly appointed members as of the passage of this act [April 20, 2006], shall continue as members until the expiration of their term. Upon expiration of the terms of members of the council who were appointed by the governor or the lieutenant governor prior to the effective date of this act [April 20, 2006], new members shall be appointed by the governor as prescribed in subdivision (1). Members shall be appointed during the month of January of each year by the governor and in the event of a vacancy occurring in the council, said vacancy shall be filled in a like manner as the original appointment for the remainder of the unexpired term. Members shall serve until their successors are appointed and qualified. The term of appointed members shall be three (3) years. The members of the council shall be eligible to succeed themselves. The members of the council shall serve without compensation. No one shall be eligible for appointment unless he or she is a resident of this state.

History of Section. P.L. 1991, ch. 198, § 1; P.L. 2001, ch. 180, § 157; P.L. 2004, ch. 159, § 4; P.L. 2004, ch. 254, § 4; P.L. 2006, ch. 22, § 8; P.L. 2006, ch. 27, § 8.

46-28-5.1. Removal of members.

Members of the council shall be removable by the governor pursuant to § 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.

History of Section. P.L. 2006, ch. 22, § 9; P.L. 2006, ch. 27, § 9.

46-28-6. Officers of the council and quorum.

Upon the passage of this act [April 20, 2006], the council shall elect from among the members a chair and a vice-chair. Thereafter, the council shall annually elect in February a chair and vice-chair from among the members. The council may elect from among its members such other officers as they deem necessary. Six (6) voting members of the council shall constitute a quorum. A majority vote of those present and voting shall be required for action.

History of Section. P.L. 1991, ch. 198, § 1; P.L. 1992, ch. 148, § 1; P.L. 2006, ch. 22, § 8; P.L. 2006, ch. 27, § 8.

46-28-7. Powers and duties.

The council shall have the following powers:

  1. To be entitled to ask for and receive from any commission, board, officer, or agency of the state such information, cooperation, assistance, and advice as shall be reasonable and proper in view of the nature of said functions;
  2. To assess, evaluate and coordinate with federal, regional and state agencies the current programs and policies as they relate to efforts to clean up and preserve rivers and watersheds throughout the state; and to participate in coordination mechanisms to achieve systems level planning for the state;
  3. To prepare and recommend a rivers policy for the state of Rhode Island for adoption by the state planning council as a part of the state guide plan as described in § 42-11-10(c)(7) , as amended, following the procedures for notification and public hearing set forth in § 42-35-3 , as amended. Said policy shall be consistent with federal water quality requirements and shall give consideration to development, public or private, which has commenced at the time of the adoption of a rivers policy. Such rivers policy shall treat rivers as ecological systems;
  4. To prepare and recommend a plan for the classification of all rivers in the state of Rhode Island for adoption by the state planning council as a part of the state guide plan, following the procedures for notification and public hearing set forth in § 42-35-3 , as amended. The classifications shall identify characteristics of water bodies beyond their quality to reflect their current or potential uses for drinking water sources, agricultural irrigation, industrial processes, including cooling water sources, water-based recreation, aquatic habitat, aesthetic enhancement, and others. The classification plan shall be consistent with current water quality classifications adopted by the department of environmental management. Such classification plan shall contain a minimum of three (3) classes of rivers, including:
    1. Pristine rivers.  Those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and water relatively unpolluted;
    2. Recreational rivers.  Those rivers or sections of rivers that are readily accessible, that may have some development along their shorelines and may have undergone some impoundment or diversion in the past. These shall include sections of rivers along mill villages, but shall not include sections where development may be characterized as urban; and
    3. Working rivers.  Those rivers or sections of rivers that are readily accessible, that have development along their shorelines, that have undergone impoundment or diversion, and where development may be classified as urban. In the classification of rivers, different sections of a single river may enjoy different classifications as appropriate.
  5. To make findings and recommendations among state agencies and political subdivisions by participating in administrative proceedings and by reporting to the governor regarding disputes and conflicts on river and watershed issues;
  6. To make findings and recommendations to state agencies and political subdivisions regarding measures necessary to protect river quality and to promote river uses consistent with the state’s river policy and river classification plan;
  7. To formally recognize and to provide grants to local watershed councils;
  8. To foster public involvement in river planning and decision-making processes by;
    1. Conducting public education programs about rivers and watersheds;
    2. Promoting public access to and use of rivers, as appropriate;
    3. Holding informal workshops prior to the adoption of:
      1. The state’s rivers policy;
      2. The state’s river classification plan or any portion thereof as provided for in subsection (d) of this section; and
      3. The establishment of any local watershed council; and
    4. Providing technical assistance to local watershed councils to participate in watershed planning.
  9. To recommend programs, policies and proposals to the governor, the speaker of the house and the president of the senate;
  10. Establish subcommittees as may be needed to carry out the purpose of this chapter;
  11. To promulgate regulations and procedures as may be needed to issue grants and approve watershed action plans, including rules requiring notice by state or city and town agencies to local watershed councils regarding proposed actions pertaining to projects, developments and activities located wholly or partially within the watershed represented by the local watershed council;
  12. To apply for and accept grants, donations, loans of funds, and contributions of money, services, materials or otherwise from any federal, state or local agency, from any public or private foundation, or individual or from any other source, in order to carry out the purposes of this chapter; and
  13. To conduct a training course for newly appointed and qualified members of the council and new designees of ex officio members within six (6) months of their qualification or designation. The course shall be developed by the chair of the council, approved by the council and conducted by the chair of the council. The council may approve the use of any council or staff members or other individuals to assist with training. The course shall include instruction in the following areas: the provisions of chapters 46-28, 42-46, 36-14 and 38-2; and the council’s operating procedures, rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act [April 20, 2006], prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14 and 38-2.

History of Section. P.L. 1991, ch. 198, § 1; P.L. 1992, ch. 148, § 1; P.L. 2004, ch. 159, § 4; P.L. 2004, ch. 254, § 4; P.L. 2006, ch. 22, § 8; P.L. 2006, ch. 27, § 8.

Compiler’s Notes.

Section 42-35-3 , referred to in this section, was amended by P.L. 2016, ch. 203, § 2, and P.L. 2016, ch. 206, § 2, effective June 29, 2016. Comparable provisions are now found in chapter 35 of title 42.

46-28-7.1. Power and duties of the state planning council.

In order to carry out the purposes of this chapter, the state planning council shall adopt a rivers policy and a classification plan for the state of Rhode Island as elements of the state guide plan in accordance with the provisions of § 42-11-10 . The procedure for adoption shall be as follows: Upon notification from the rivers council that it has completed preparation of the rivers policy or classification plan as set forth in § 46-28-7(c) and (d), respectively, the state planning council and rivers council shall jointly conduct a public hearing in the manner specified in chapter 35 of title 42. Following the public hearing, the rivers council shall, in consultation with the statewide planning program, make its recommendation to the state planning council. The state planning council may make any revisions or amendments to the rivers policy or classification plan as recommended by the rivers council that are necessary to carry out the purposes of this chapter, to achieve consistency with applicable provisions of law, or to consider comments made at the public hearing.

History of Section. P.L. 1992, ch. 148, § 2; P.L. 2004, ch. 159, § 4; P.L. 2004, ch. 254, § 4.

46-28-8. Local watershed councils.

  1. The rivers council shall establish and recognize local watershed councils to implement the rivers policy as adopted in accordance with the provisions of this chapter and set forth in the state guide plan. Unless a watershed is solely within one municipality’s boundaries, each local watershed council shall be comprised of members from each municipality within the watershed area as designated by the department of environmental management. Such local watershed councils may be existing organizations where appropriate.
  2. Local watershed councils shall have standing to present testimony in all state and local administrative proceedings which impact on rivers and water quality and shall receive notice, pursuant to rules adopted by the council, from state or city and town agencies regarding proposed actions pertaining to projects, developments and activities located wholly or partially within the watershed represented by the local watershed council.
  3. Each local watershed council shall be a body corporate and politic, having a distinct legal existence from the state and any municipality within the watershed area in which such local watershed council is located. Each local watershed council shall have power:
    1. To advise and make recommendations for the watershed in the municipality where such watershed is located for the preparation or revision by the municipality of its comprehensive land use plan pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation Act with regard to achieving and maintaining classifications assigned by the rivers council;
    2. To advise the municipalities with regard to public access to rivers for the preparation or revision by the municipality of a comprehensive land use plan pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation Act;
    3. To establish and support river watch programs for the protection of the watershed in which it is located;
    4. To negotiate payments between two (2) or more of the municipalities within the watershed for the conduct of services or the erection of projects necessary for the purposes of the local watershed council, subject to majority vote of each of the city and town councils participating in each program or project;
    5. To acquire, hold, use, lease, sell, transfer, and dispose of any property, real, personal, or mixed, or interest or interests thereon;
    6. To own, operate, maintain, repair, improve, enlarge, and extend, in accordance with the provisions of this chapter, any property acquired hereunder, all of which, together with the acquisition of such property, are hereby declared to be public purposes; and
    7. To sell, lease, convey, or otherwise dispose of to any of the municipalities within the watershed any property or improvements thereto, which the local watershed council may hereafter acquire or construct; provided, however, that any sale, lease, conveyance, or other disposition of the property shall not prejudice or adversely affect any service which the local watershed council is providing to any other participating city or town;
    8. To sue and be sued in connection with any contracts made by, real estate or personal property owned by or leases or conveyances made by the local watershed council;
    9. To adopt and order a corporate seal;
    10. To make bylaws for the management and regulation of its affairs;
    11. To borrow money for any of its corporate purposes including the creation and maintenance of working capital;
    12. To fix rates and collect charges for the use of the facilities of or services rendered by or any commodities furnished by the local watershed council; and to pay as the same shall become due the expenses of operating and maintaining the properties of the river watershed council;
    13. To contract in its own name for any lawful purpose which would effectuate the purposes of this chapter; to execute all the instruments necessary to carry out the purposes of this chapter; to do all things necessary or convenient to carry out the powers expressly granted by this chapter. It is the intention of the legislature that any property acquired by the local watershed councils pursuant to the provisions of this chapter shall be financed as a self-liquidating enterprise, and that any indebtedness incurred by the local watershed councils shall be payable solely from the earnings or revenues derived from all or part of the property acquired by such river watershed council. Any indebtedness incurred by the local watershed councils shall not be deemed to constitute a debt or a pledge of the faith and credit of the state or of any municipality;
    14. To enter into cooperative agreements with other cities and towns, for any lawful corporate purposes necessary and desirable to effect the purposes of this chapter;
    15. In the performance of its functions the local watershed council may recommend to municipalities land and water conservation programs consistent with the state rivers policy provided for in § 46-28-7 ;
    16. To apply for, contract for, and expend any federal or state advances or grants or assistance which may be made available for purposes of this chapter.

History of Section. P.L. 1991, ch. 198, § 1; P.L. 2004, ch. 159, § 4; P.L. 2004, ch. 254, § 4; P.L. 2007, ch. 340, § 62.

46-28-9. Annual council report and special reports.

  1. Annual report.  The council shall make an annual report to the governor and the general assembly on or before February 1 of each year. The report shall include a summary of the activities of the council and of each designated local watershed council and a consolidated financial statement of all funds received by and expended by the rivers council during the reporting period.
    1. Within ninety (90) days after the end of each fiscal year, the council shall approve and 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: an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a summary of the activities of each designated local watershed; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions or other legal matters related to the authority of the council; a summary of any training courses held pursuant to subsection 46-28-7(13) ; a briefing on anticipated activities in the upcoming fiscal year; findings and recommendations for improvements; and a summary of progress made by the council in the implementation of the system-level plan as described in § 46-31-5 .
    2. The report shall be posted electronically as prescribed in § 42-20-8.2 . The director of the department of administration shall be responsible for the enforcement of this provision.
  2. Special reports.  The council shall prepare such special reports as may be requested by the general assembly, or either branch thereof, the governor, or as may be determined by the council.

History of Section. P.L. 1991, ch. 198, § 1; P.L. 2004, ch. 159, § 4; P.L. 2004, ch. 254, § 4; P.L. 2006, ch. 22, § 8; P.L. 2006, ch. 27, § 8; P.L. 2007, ch. 340, § 62.

Compiler’s Notes.

Section 46-31-5 , referred to in subdivision (a)(1) of this section, was repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

46-28-10. Administrative support and staffing.

The water resources board shall be responsible for providing administrative support in carrying out the responsibilities charged to the Rhode Island rivers council; the water resources board, the department of environmental management, and the statewide planning program shall, as appropriate, provide the Rhode Island rivers council staff support as necessary to accomplish the purposes of this chapter.

History of Section. P.L. 1991, ch. 198, § 1; P.L. 2004, ch. 159, § 4; P.L. 2004, ch. 254, § 4.

46-28-11. Liberal construction.

The provisions of this chapter shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to the council by the provisions hereof, the statement thereof shall not be deemed to exclude or impair any power otherwise in this chapter conferred upon said council.

History of Section. P.L. 1991, ch. 198, § 1.

46-28-12. Powers of coastal resources management council.

Nothing contained herein shall abrogate or affect the powers of the coastal resources management council.

History of Section. P.L. 1991, ch. 198, § 1.

46-28-13. Chapter does not abrogate or affect § 2-23-5.

Nothing contained herein shall abrogate or affect the provisions outlined in § 2-23-5 .

History of Section. P.L. 1991, ch. 198, § 1.

Chapter 29 Phosphate Reduction

46-29-1. Short title.

This chapter shall be referred to as the “Phosphate Reduction Act of 1995”.

History of Section. P.L. 1995, ch. 216, § 1.

46-29-2. Legislative findings, intent, and objectives.

The general assembly hereby recognizes and declares that:

  1. Whereas, excess nutrients, especially phosphorus, from municipal wastewater treatment plants, septic tanks, urban and agricultural losses may cause eutrophication resulting in algae blooms and low dissolved oxygen; and
  2. Whereas, requiring the use of phosphate-free laundry detergents will reduce the amount of phosphorus in Rhode Island’s rivers, lakes, and estuaries at no cost to consumer or to municipalities; and
  3. Whereas, requiring the use of phosphate-free laundry detergents will significantly reduce the amount of phosphorus that is released by municipalities at their wastewater treatment plants; and
  4. Whereas, our neighbors the State of Connecticut and the Commonwealth of Massachusetts have enacted similar legislation to address the problem of excess nutrients in their waters;
  5. The general assembly, therefore, has declared that it is the policy of the state to reduce phosphorus pollution at its source to protect waters of the state, protect beneficial uses of the waters of the state and create a cost effective approach to wastewater treatment.

History of Section. P.L. 1995, ch. 216, § 1.

46-29-3. Certain cleaning agents containing phosphorus prohibited.

  1. No person may manufacture, store, sell, use, or distribute for sale or use any cleaning agent containing phosphorus in the State, except as otherwise provided in this section.
  2. As used in this section,   “cleaning agent” means a laundry detergent, dishwashing compound, household cleaner, metal cleaner or polish, industrial cleaner, or other substance that is used or intended for use for cleaning purposes.
  3. This section shall not apply to cleaning agents which are used:
    1. In agricultural or dairy production;
    2. To clean commercial food or beverage processing equipment or containers;
    3. As industrial or institutional sanitizers, metal brighteners, or acid cleaners, including those containing phosphoric acid or trisodium phosphate;
    4. In industrial processes for metal, fabric, or fiber cleaning and conditions;
    5. In hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics;
    6. By a commercial laundry or textile rental service company or any other commercial entity:
      1. To provide laundry service to hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics; or
      2. To clean textile products supplied to industrial or commercial users of the products on a rental basis; or
      3. To clean professional, industrial, or commercial work uniforms;
    7. In the manufacture of health care or veterinary supplies;
    8. In any medical, biological, chemical, engineering, or other such laboratory, including those associated with any academic or research facility;
    9. As water softeners, antiscale agents, or corrosion inhibitors, where that use is in a closed system such as a boiler, air conditioner, cooling tower, or hot water heating system;
    10. To clean hard surfaces including windows, sinks, counters, floors, ovens, food preparation surfaces, and plumbing fixtures.
  4. This section shall not apply to cleaning agents which:
    1. Contain phosphorus in an amount not exceeding five-tenths of one percent (0.5%) by weight;
    2. Contain phosphorus in an amount not exceeding eight and seven-tenths percent (8.7%) by weight and which are intended for use in a commercial or household dishwashing machine;
    3. Are manufactured, stored, sold, or distributed for use solely outside the state.
  5. The Rhode Island department of environmental management may permit the use of a cleaning agent which contains phosphorus in an amount exceeding five-tenths of one percent (0.5%) but not exceeding eight and seven-tenths percent (8.7%) by weight upon a finding that there is no adequate substitute for the cleaning agent, or that compliance with this section would otherwise be unreasonable or create a significant hardship on the user. The Rhode Island department of environmental management may adopt rules to administer this section.
  6. Any person who manufactures, sells or distributes any cleaning agent in violation of this section shall be punishable by a fine not to exceed one thousand dollars ($1,000).

History of Section. P.L. 1995, ch. 216, § 1.

46-29-4. Right of appeal.

Any person aggrieved by any determination made by the director pursuant to this chapter may seek review of that determination before the administrative adjudication division of the department pursuant to Chapters 35 and 17.7 of title 42.

History of Section. P.L. 1995, ch. 216, § 1.

46-29-5. Construction of chapter.

This chapter shall be construed liberally in aid of its declared purpose, which purpose is the reduction of phosphorus entering the waters of the state.

History of Section. P.L. 1995, ch. 216, § 1.

46-29-6. Severability.

If any provision of this chapter or of any rule or regulation made thereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

History of Section. P.L. 1995, ch. 216, § 1.

Chapter 30 Public Water Supply Systems

46-30-1. Short title.

This chapter shall be referred to as the “Public Water Supply Systems Act of 1995”.

History of Section. P.L. 1995, ch. 267, § 1.

46-30-2. Legislative findings, intent, and objectives.

  1. It is hereby found and declared that:
    1. Water is vital to life and comprises an invaluable natural resource which is not to be abused by any segment of the state’s population or its economy. It is the policy of the state to restore, enhance, and maintain the chemical, physical, and biological integrity of its waters to protect health;
    2. It is further found and declared that the waters of this state are a critical renewable resource which must be protected to insure the availability of safe and potable drinking water for present and future needs;
    3. It is further found and declared that public water supply systems have the responsibility to provide safety and potable drinking water to the state’s population;
    4. It is further found and declared that financial and regulatory pressures may force some small public water supply systems into economically losing propositions;
    5. It is further found and declared that economy and efficiency dictate the desirability to combine small public water supply systems with other public water supply systems;
  2. The objectives of this chapter are:
    1. To establish a mechanism to combine small public water supply systems and/or annex small systems to adjacent water supplies in order to provide viable water supplies capable of meeting federal and state drinking water regulations current at all times.
    2. To enable each local jurisdiction, city, town, water authority, water district, small supplier, or small public water supply system to petition the adjacent supplier for the purpose of merging or annexing with the supplier in an economically fair method.
    3. No merger nor annexation shall proceed without the consent of the governing board of each respective entity or, in the case of a municipally owned system, a vote of the majority of the entire town or city council or, in the case of a private supplier, the consent of the owner of the facilities in question and the governing board of the petitioned governing agency.

History of Section. P.L. 1995, ch. 267, § 1; P.L. 2007, ch. 340, § 63.

46-30-3. Definitions.

As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning:

  1. “Annexation fee”  means a fee levied on the individual water system connections, or accounts, in addition to their normal water consumption and service charges. The annexation fee shall remain in effect until the financial responsibility of annexation is discharged.
  2. “Governing agency”  means the public water supply system into which the small public water supply system is being merged or annexed.
  3. “Owner of the facilities”  means the holder of title to the water supply system facilities supplying water.
  4. “Public water supply system”  means the same as defined in § 46-13-2 .

History of Section. P.L. 1995, ch. 267, § 1.

46-30-4. Financial responsibility.

  1. The financial obligation for the upgrading of the public water supply system to be annexed and the continued management and operational responsibility to bring that system into compliance with the applicable regulations and on parity with the existing facilities of the governing agency must be fairly and equitably allocated to the new customers by identifying:
    1. Capital costs;
    2. Operational expenses;
    3. Management support;

      and adding the annexation fee to the governing agency’s existing rate structure currently in effect to be applied to the customer’s accounts, to be annexed.

    1. Each year the annexation fee to be paid by the new customers shall be added to the rate apportioned to the existing customers of the governing agency and shall represent the amortized cost of the capital expenditures and the appropriate ongoing operational costs adjusted for inflation. The annexation fee shall in no event be less than ten percent (10%) the rate levied on the pre-annexation customer base, nor shall it be more than one hundred percent (100%) of the pre-annexation rate. This legislation is not intended to limit the governing agency from recovering all costs of service from its basic customer base. The annexation fee shall constitute a part of the cost of annexation and shall also be an allocated portion of the cost of annexation and become a debt of each customer from the small public water supply system to the governing agency and be collectible in the same manner and have the benefit of any lien provided for the amounts due for water charges from the small public water supply system to the governing agency. Subject to the provisions of § 39-1.1-1 for those small public water supply systems which are public utilities, all governing agencies may terminate service for failure of the customer of a small public water supply system to pay the annexation fee.
    2. It shall not be necessary for any small public water supply system or governing agency whose rates may be regulated by the public utilities commission, pursuant to chapter 1 of title 39, to obtain approval from the commission for billing of the annexation fee. The public utilities commission shall not be required, in determining rates for any governing agency or small public water supply system hereunder, to consider the annexation fees billed hereunder when determining revenue requirements for the governing agency or public water supply system.
  2. The annexation fee shall terminate when the contractual obligation for amortizing the upgrading of the system petitioning annexation has been discharged or no later than thirty (30) years from the date of financing said improvements, whichever comes first.

History of Section. P.L. 1995, ch. 267, § 1.

46-30-5. Merger — Effective date — Transfer of assets and assumption of liabilities.

  1. After petition by the small water supply system to the governing agency and subject to the approval of the governing board of the public water supply system and the governing board of the governing agency, or, in the case of a municipally owned system, the approval of the majority of the entire town or city council, the public water supply system shall be merged with and into the governing agency. Upon the merger, the governing board of the governing agency or, in the case of a municipally owned system, the approval of the majority of the entire town or city council, agrees to accept and the governing board of the public water supply system agrees to transfer to the governing agency all rights and benefits accrued to the public water supply system arising out of federal assistance or federal funding available to public water supply systems.
    1. It shall be the obligation of the governing board of the public water supply system to disclose to the governing agency all obligations, liabilities, and lawsuits pending against the entity. The governing agency shall have the right to include the obligations into the construction of the annexation fee to fairly apportion the costs to the customer base of the public water supply system.
    2. It is not the intent of this legislation to assume the principal business of the small public water supply system other than the serving of potable water. The governing agency shall have the right to refuse to accept any obligations, liabilities, and lawsuits pending against the entity relating to other parts of the small public water system’s activities.
    3. The customers annexed to the governing agency shall be subject to the same rules, regulations, municipal, state, and federal laws to which all other customers of the governing agency are subject.
  2. The governing board of the public drinking water system is hereby authorized to and shall pass such resolutions, enter into such agreements, and do all things deemed useful and necessary by it to effectuate the merger; and the governing board of the governing agency is hereby authorized and may pass such resolutions, enter into such agreements, and do all things useful and necessary by it to effectuate the merger. Nothing in this subsection shall permit the governing agency of any municipally owned system to enter into any agreements or to adopt any resolutions which require city or town council approval.
  3. Upon completion, the merger shall be certified to the secretary of state by the chief executive officer of the governing agency.
  4. Upon the annexation of the public water supply system and the governing agency, the governing agency shall assume responsibility for the planning, construction, operation, and maintenance of the appropriate facilities, water mains and appurtenances of the public water supply system.
  5. If the governing agency accepts any obligations, liabilities, and/or lawsuits as referenced under subsection (b), the governing agency shall also be responsible and liable for all liabilities, obligations, and/or lawsuits of the public water supply system pertaining to water supply; and any claim existing or action or proceeding pending by or against the public water supply system may be prosecuted as if the annexation had not taken place, or the governing agency may be substituted in its place. Neither the rights of creditors nor any liens upon the property of the public water supply system shall be impaired by the merger. The annexation as provided for herein shall not impair the obligation of any contract or agreement or alter existing bargaining units nor abate any suit, action, or other proceeding lawfully commenced by or against the public water supply system, or any member of its governing board in relation to the discharge of his or her official duties, but a court of competent jurisdiction may, on motion filed within twelve (12) months after the effective date of the annexation, allow such a suit, action, or proceeding to be maintained by or against the annexed public water supply system or any member of its governing board in relation to the discharge of his or her official duties. Upon completion of the merger, all user charges, fees or rates assessed by the governing agency as a result of the merger shall be subject to the approval of the public utilities commission.

History of Section. P.L. 1995, ch. 267, § 1.

46-30-6. Liberal construction.

The provisions of this chapter shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to any agency by the provisions hereof, the statement thereof shall not be deemed to exclude or impair any power otherwise in this chapter conferred upon that agency.

History of Section. P.L. 1995, ch. 267, § 1.

46-30-7. Severability.

If any provisions of this chapter or of any rule, regulation, or order made thereunder, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of this chapter, rule, regulation, or order, and the application of such provision to other persons or circumstances, shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of this chapter and is hereby declared to be the legislative intent that this chapter would have been enacted if the invalid parts had not been included therein.

History of Section. P.L. 1995, ch. 267, § 1.

Chapter 31 The Rhode Island Bays, Rivers, and Watersheds Coordination Team

46-31-1. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-1 concerned legislative findings.

46-31-2. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-2 concerned definitions.

46-31-3. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-3 concerned coordination team and chair position created.

46-31-4. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-4 concerned purpose and duties of the coordination team.

46-31-5. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-5 concerned preparation of a systems-level plan.

46-31-6. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-6 concerned implementation of the systems-level plan.

46-31-7. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-7 concerned duties of chairperson.

46-31-8. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-8 concerned powers of the coordination team.

46-31-9. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-9 concerned committees.

46-31-10. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-10 concerned compliance with plans by local municipalities.

46-31-11. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-11 concerned plans, reports, budgets, and other documents.

46-31-12. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-12 concerned staff and budget.

46-31-12.1. Repealed.

History of Section. P.L. 2007, ch. 73, art. 30, § 2; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-12.1 concerned the Bays, Rivers and Watersheds Fund.

46-31-13. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-13 concerned assistance by state officers, departments, boards and commissions.

46-31-14. Repealed.

History of Section. P.L. 2004, ch. 203, § 1; P.L. 2004, ch. 208, § 1; Repealed by P.L. 2015, ch. 141, art. 16, § 1, effective July 1, 2015.

Compiler’s Notes.

Former § 46-31-14 concerned severability.

Chapter 31.1 The Rhode Island Bays, Rivers and Watersheds Fund

46-31.1-1. Legislative findings.

The general assembly hereby finds and declares as follows:

  1. The bays, rivers, and associated watersheds of Rhode Island are unique and unparalleled natural resources that provide significant cultural, ecological, and economic benefit to the state.
  2. Pursuant to the provisions of R.I. Const., art. 1, § 17 , it is the duty of the general assembly to provide for the conservation of the air, land, water, plant, animal, mineral, and other natural resources of the state; and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state; and for the preservation, regeneration, and restoration of the natural environment of the state.
  3. It is in the best interest of the state and its citizens to preserve, protect, and restore our bays, rivers, and associated watersheds.
  4. Sixty percent (60%) of the watershed of Narragansett Bay is within Massachusetts, almost all of the watershed of Mount Hope Bay is within Massachusetts, and five percent (5%) of the watershed of Little Narragansett Bay is within Connecticut; further, a cluster of water-related economic interests spans the three (3) states.
  5. There is a need to foster effective management, preservation, restoration, and monitoring of the bays, rivers, and watersheds; and the promotion of sustainable economic development of businesses that rely directly or indirectly on the bays, rivers, and watersheds.

History of Section. P.L. 2015, ch. 141, art. 16, § 2.

46-31.1-2. Definitions.

As used in this chapter, unless the context clearly indicates otherwise:

  1. “Bays” means the estuaries including Narragansett Bay, Mount Hope Bay, Greenwich Bay, Little Narragansett Bay, the coastal ponds, the Sakonnet River, and Rhode Island territorial waters that extend seaward three geographical miles from the shoreline including the area around Block Island.
  2. “Coordination” means to harmonize in a common action or effort and/or to function in a complementary manner.
  3. “River” means a flowing body of water or estuary or a section, portion, or tributary thereof, including, but not limited to, streams, creeks, brooks, ponds, and small lakes.
  4. “Water cluster” means an economically interconnected grouping of businesses, institutions, and people relying directly or indirectly on the bays, rivers, and watersheds including, but not limited to, the following sectors:
    1. Recreation, tourism, and public events;
    2. Fisheries and aquaculture;
    3. Boat and ship building;
    4. Boating-related businesses;
    5. Transportation;
    6. Military;
    7. Research; and
    8. Technology development and education.
  5. “Watershed” means a land area which because of its topography, soil type, and drainage patterns acts as a collector of raw waters which regorge or replenish rivers and existing or planned public water supplies.

History of Section. P.L. 2015, ch. 141, art. 16, § 2.

46-31.1-3. Bays, Rivers and Watersheds Fund.

  1. There is hereby established a restricted receipt account within the Department of Environmental Management to be called the Bays, Rivers and Watersheds Fund;
  2. The fund shall consist of any funds which the state may from time to time appropriate, as well as money received as gifts, grants, bequests, donations or other funds from any public or private sources, as well as all fees collected pursuant to § 46-23-1(f)(2) for the leasing of submerged lands for transatlantic cables, and all fees collected pursuant to chapter 12.11 of this title for the disposal of septage;
  3. All funds, monies, and fees collected pursuant to this section shall be deposited in the Bays, Rivers and Watersheds Fund, and shall be utilized by the Department of Environmental Management consistent with the purposes of § 46-23.2-1 entitled, “The Comprehensive Watershed and Marine Monitoring Act of 2004,” § 46-12, “Water Pollution” and chapter 6.2 of title 4 entitled “Resilient Rhode Island Act of 2014 Climate Change Coordination Council.” All expenditures from the fund shall be subject to appropriation by the general assembly.

History of Section. P.L. 2015, ch. 141, art. 16, § 2.

46-31.1-4. Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

History of Section. P.L. 2015, ch. 141, art. 16, § 2.