reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-12.1. - Power of local governmental units to issue limited obligations payable from energy efficiency savings.

§ 46-12.2-12.1. Power of local governmental units to issue limited obligations payable from energy efficiency savings.
(a)
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.
(b)
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.
(c)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-14.1. - Repealed.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-15. - Refunding bonds.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-16. - Bonds eligible for investment.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-17. - No additional consent required.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-18. - Bonds not obligations of the state.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-19. - Lien status — Recording.

§ 46-12.2-19. Lien status — Recording.
(a)
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.
(b)
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.
(c)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-20. - Bonds and local government obligations as investment securities.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-21. - Proceeds received by agency as trust funds.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-22. - Tax exemption.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-23. - Duration of agency — Termination.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-24. - Record keeping — Financial statements.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-24.1. - Reporting requirements.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-25. - Supplemental powers — Inconsistent laws.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-25.1. - Administrative procedures.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-26. - Compliance with federal law.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-27. - Severability — Liberal construction.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.3 - The Environmental Injury Compensation Act › Section 46-12.3-1. - Proceedings for enforcement.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.3 - The Environmental Injury Compensation Act › Section 46-12.3-2. - Strict liability.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.3 - The Environmental Injury Compensation Act › Section 46-12.3-3. - Action on negligence.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.3 - The Environmental Injury Compensation Act › Section 46-12.3-4. - Recovery for economic loss.

§ 46-12.3-4. Recovery for economic loss.
(a)
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.
(b)
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.
(c)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.3 - The Environmental Injury Compensation Act › Section 46-12.3-6. - Severability.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.3 - The Environmental Injury Compensation Act › Section 46-12.3-7. - Remedies cumulative.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.4 - Contaminants from Seagoing Vessels Act › Section 46-12.4-1. - Contaminants from tank vessels.

§ 46-12.4-1. Contaminants from tank vessels.
(a)
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.
(b)
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.
(c)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-1. - Definitions.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-2. - Powers and duties of the director.

§ 46-12.5.1-2. Powers and duties of the director.
(a)
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:
(i)
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;
(ii)
Require proof of financial responsibility by the owner or operator of the tank vessel or oil barge; and
(iii)
Address catastrophic oil discharges.
(4)
To exercise all incidental powers necessary to carry out the purposes of this chapter;
(b)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-3. - Prohibition against oil pollution.

§ 46-12.5.1-3. Prohibition against oil pollution.
(a)
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.
(b)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-4. - Ballast water discharge.

§ 46-12.5.1-4. Ballast water discharge.
(a)
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.
(b)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-5. - Discharge reporting.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-7. - Damages.

§ 46-12.5.1-7. Damages.
(a)
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.
(b)
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.
(c)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-8. - Reimbursement for cleanup expenses — Deposit of money.

§ 46-12.5.1-8. Reimbursement for cleanup expenses — Deposit of money.
(a)
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.
(b)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-9. - Proceedings for enforcement.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-10. - Criminal penalties.

§ 46-12.5.1-10. Criminal penalties.
(a)
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.
(b)
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.
(c)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-11. - Emergency powers.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-12. - Notices of violations and compliance orders.

§ 46-12.5.1-12. Notices of violations and compliance orders.
(a)
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.
(b)
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.
(c)
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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-13. - Remedies cumulative.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-14. - Oil discharge cleanup personnel, equipment, expenses.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.5.1 - Oil Pollution Control › Section 46-12.5.1-15. - Compacts authorized.

§ 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund › Section 46-12.7-1. - Purpose.

§ 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.
2023 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.
2023 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.