This bill would make major modifications to the state’s dam safety and maintenance law (Chapter 46-19). This bill is based largely upon policy recommendations offered by the Governor’s Dam Safety and Maintenance Task Force. The bill will likely address the following: inspection criteria, repair/maintenance approval process, definition of regulated dams, hazard classification scheme, registration requirements, enforcement, and emergency planning/response.

This bill would expand eligible projects under the existing mosquito abatement grant program (sections 23-7-16 and 23-25-6.1) to include costs associated with routine operating expenses, including larvicides, adulticides, and spraying equipment. The bill will also change the state-local match requirements from 50-50 to 80-20 for mosquito abatement projects including habitat management (while retaining the 50-50 match requirement for all other grants under the program). This proposal comes in response to the serious West Nile Virus threat and is designed to provide more support to Rhode Island’s communities in their efforts to combat the virus.

This bill would amend the Alcohol Boating Safety Act (Chapter 46-22.2) to make it consistent with drunk driving laws now in effect in Rhode Island. The legal intoxication level for motorists was lowered during the 2000 legislative session, from .1 to .08. This bill would make the same change to the statute governing the legal intoxication level for boaters.

In accordance with the commercial fishing license moratorium legislation enacted last year, DEM is currently working with members of the General Assembly, through the URI Coastal Institute, to undertake a comprehensive analysis of the state’s commercial fishing license system to determine if the system needs to be restructured and, if so, in what ways. This process, involving broad representation from industry, URI and others, is expected to result in one or more legislative proposals by this spring.

This bill would establish an administrative search warrant provision that DEM could use as a mechanism for gaining access to private property to conduct civil inspections. The bill clarifies DEM’s authority to conduct a range of civil inspections without a warrant pursuant to constitutional law, while enabling the Director to obtain a warrant, if necessary or appropriate, to access private property under certain circumstances. The bill would bring Rhode Island in line with other New England states with regard to the availability of an administrative search warrant provision.

This bill would authorize the Director of DEM to issue immediate compliance orders (ICOs) to protect public health, safety or welfare, in addition to protecting the environment. The DEM Director currently has the authority under section 42-17.1-2 (u) (2) to issue an ICO when he or she determines a violation exists that requires immediate action to protect the environment. An ICO is not subject to administrative appeal. This bill would also render the Director’s authority to take emergency action in response to air pollution violations consistent with the Director’s authority to issue immediate compliance orders.

This bill would adopt portions of the Model Legislation for Mercury Education and Reduction Act as endorsed by the New England Governors Conference in 1998. The model legislation provides a framework to help states in New England develop a regionally consistent approach to: 1) minimizing mercury in products sold and distributed in New England, and 2) managing mercury-containing wastes.

This bill would authorize DEM to establish and enforce safety zones for marine events in conjunction with the United States Coast Guard. The bill would also amend section 46-22-13 to increase liability/bodily injury insurance requirements for marine events (e.g. motorboat races, regattas).