reglab/housing_qa huggingface dataset:
RI Gen L § 46-12.7-2 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-2 - Repealed.

§ 46-12.7-2. Repealed.
RI Gen L § 46-12.7-2.1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-2.1 - Fund established.

§ 46-12.7-2.1. Fund established.(a) 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.(b) 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.(c) 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.
RI Gen L § 46-12.7-3 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-3 - Repealed.

§ 46-12.7-3. Repealed.
RI Gen L § 46-12.7-3.1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-3.1 - Financing of the fund.

§ 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.
RI Gen L § 46-12.7-4 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-4 - Repealed.

§ 46-12.7-4. Repealed.
RI Gen L § 46-12.7-4.1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-4.1 - Uniform oil response and prevention fee.

§ 46-12.7-4.1. Uniform oil response and prevention fee.(a) A uniform oil spill response and prevention fee in an amount not exceeding five cents ($.05) for each barrel of petroleum products, as set by the director pursuant to subsection (d) of this section, shall be imposed upon every person owning petroleum products at the time the petroleum products are received at a marine terminal within this state by means of a vessel from a point of origin outside this state. The fee shall be remitted to the division of taxation on the 30th day of each month based upon the number of barrels of petroleum products received during the preceding month.(b) Every owner of petroleum products shall be liable for the fee until it has been paid to the state, except that payment to a marine terminal operator registered under this chapter is sufficient to relieve the owner from further liability for the fee; provided, however, that the fee for asphalt products and asphalt derivatives shall be one cent ($.01) per barrel of asphalt products or derivatives.(c) 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.(d) 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.(e) 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.(f) 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.(g) 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.
RI Gen L § 46-12.7-5 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-5 - Repealed.

§ 46-12.7-5. Repealed.
RI Gen L § 46-12.7-5.1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-5.1 - Purposes of the fund.

§ 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.
RI Gen L § 46-12.7-6 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-6 - Repealed.

§ 46-12.7-6. Repealed.
RI Gen L § 46-12.7-6.1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-6.1 - Administration and records of the fund.

§ 46-12.7-6.1. Administration and records of the fund.(a) The director shall administer the fund in accordance with this chapter.(b) The department shall develop procedures governing the expenditure of, and accounting for, money expended from the fund.(c) The director is responsible for insuring that there are adequate moneys available in the fund to carry out the purposes of this chapter.(d) The department shall maintain accounting records showing the income and expenses of the fund.History of Section.P.L. 1996, ch. 289, § 4.
RI Gen L § 46-12.7-7 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-7 - Report to the legislature.

§ 46-12.7-7. Report to the legislature.(a) 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.(b) 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.
RI Gen L § 46-12.7-8 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-8 - Repealed.

§ 46-12.7-8. Repealed.
RI Gen L § 46-12.7-8.1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-8.1 - Expenditure of fund money.

§ 46-12.7-8.1. Expenditure of fund money.(a) 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.(b) 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.
RI Gen L § 46-12.7-9 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-9 - Regulations.

§ 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.
RI Gen L § 46-12.7-10 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-10 - Claims against the fund.

§ 46-12.7-10. Claims against the fund.(a) 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.(b) 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.(c) 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.(d) The director shall pay only those claims which are approved pursuant to this section.(e) 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.(f) Damage claims may not include expenditures for the preparation and prosecution of the damage claim, such as legal fees or real estate appraisal fees.(g) 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.
RI Gen L § 46-12.7-11 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-11 - Emergency loans.

§ 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.
RI Gen L § 46-12.7-12 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-12 - Recovery of expenditures from fund.

§ 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.
RI Gen L § 46-12.7-13 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-13 - Preventative uses of the fund.

§ 46-12.7-13. Preventative uses of the fund.(a) 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.(b) 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."(c) 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.
RI Gen L § 46-12.7-14 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-14 - Board of arbitration.

§ 46-12.7-14. Board of arbitration.(a) 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.(b) 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.(c) 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.(d) 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.(e) 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.(f) 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.
RI Gen L § 46-12.8-1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.8 - Water Projects Revolving Loan Fund|Section 46-12.8-1 - Legislative findings.

§ 46-12.8-1. Legislative findings.(a) 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.(b) 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.(c) 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.