reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.1 - Department of Environmental Management › Section 42-17.1-24. - Dredging and dredged material management.

§ 42-17.1-24. Dredging and dredged material management.
The department shall adopt, not later than January 1, 2002, integrated rules for its powers and duties, including, but not limited to, those for water quality, ground water protection, and fish and wildlife, as they pertain to dredging and dredged material management. The rules shall, at a minimum: (1) treat dredging and dredged material management and monitoring as a distinct class of activities, to be regulated on the basis of the nature and characteristics of the dredged material; (2) be consistent with the purposes and requirements of the Marine Waterways and Boating Facilities Act of 2001, chapter 6.1 of title 46; (3) provide for a single decision for the department, made by the director, on applications made pursuant to § 46-6.1-6; and (4) establish procedures for identification of appropriate sites and areas for upland beneficial use and disposal of dredged material.
History of Section.
P.L. 2001, ch. 144, § 3; P.L. 2001, ch. 163, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.1 - Department of Environmental Management › Section 42-17.1-25. - Continuity of legal authority and administrative functions.

§ 42-17.1-25. Continuity of legal authority and administrative functions.
The provisions of this chapter entitled “Department of Environmental Management” that are in effect on June 30, 2002 shall remain in full force and effect and the legal existence, powers, duties, and functions of the department of environmental management shall not be amended, altered, affected, or otherwise impaired by the repeal of the department of the environment, established by Chapter 461 of the 1990 Public Laws. In order to ensure continuity, the functions, authorities, programs, and activities of the department of environmental management and any other boards, commissions, departments, and/or agencies that would have been affected by enactment of chapter 17.1 of this title entitled “Department of the Environment” shall remain unaffected, regardless of the repeal, by Chapter 461 of the 1990 Public Laws, of this chapter entitled “Department of Environmental Management.”
History of Section.
P.L. 2002, ch. 65, art. 30, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.1 - Department of Environmental Management › Section 42-17.1-27. - Eisenhower House — Rental fees.

§ 42-17.1-27. Eisenhower House — Rental fees.
(a)
There is hereby established within the department of environmental management a restricted-receipt account entitled “Eisenhower house.” All proceeds from rental fees for the use of the Eisenhower house and its surrounding grounds shall be deposited into this account and used for reinvestment and maintenance of the facility. The rental fees for the use of Eisenhower house and surrounding grounds shall be established by regulation. The department of environmental management may require certain attendants to be present during rental hours, and may require the lessees to reimburse the cost of such service provided to reflect the actual cost to the department. The department may also require reasonable amounts of liability insurance to be obtained by the lessee.
(b)
The department of environmental management and the state shall not be civilly liable for the acts or omissions of the lessees of the Eisenhower house.
History of Section.
P.L. 2017, ch. 302, art. 7, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.1 - Department of Environmental Management › Section 42-17.1-45. - No prohibition on pets.

§ 42-17.1-45. No prohibition on pets.
(a)
Notwithstanding any provision of this chapter to the contrary, the department shall not promulgate or enforce any rule or regulation that would prohibit a pet dog or cat from accompanying its owner or caretaker at any state owned campground.
(b)
Notwithstanding the provisions of subsection (a) of this section, nothing in this section shall be deemed to allow pets within any state beach facility that includes a bathing beach licensed by the department of health pursuant to chapter 21 of title 23, unless the bathing beach portion of the facility is sufficiently isolated from other public areas within the facility.
History of Section.
P.L. 2005, ch. 333, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.2 - Ski Tramways › Section 42-17.2-1. - Declaration of policy.

§ 42-17.2-1. Declaration of policy.
It shall be the policy of the state of Rhode Island to prevent unnecessary hazards in the operation of ski tows, lifts, and tramways, to insure that reasonable design and construction are used, that accepted safety devices are provided for and that periodic inspections and adjustments are made, all for the purpose of making safe the operation of ski tows, ski lifts, and passenger tramways.
History of Section.
G.L. 1956, § 42-17.2-1; P.L. 1969, ch. 127, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.2 - Ski Tramways › Section 42-17.2-2. - Definitions.

§ 42-17.2-2. Definitions.
The following terms shall be construed as follows:
(1) “Department”
means the department of environmental management.
(2) “Industry”
means the activities of all those persons in the state who own or control the operation of passenger tramways.
(3) “Operator”
is a person who owns or controls the operation of a passenger tramway. The word “operator” includes the state or any political subdivision.
(4) “Passenger tramway”
means a device used to transport passengers uphill on skis or in cars on tracks or suspended in the air, by the use of steel cables, chains or belts or by ropes and usually supported by trestles or towers with one or more spans. The term “passenger tramway” includes the following:
(i) “Chair lift”
, a type of transportation on which passengers are carried on chairs suspended in the air and attached to a moving cable, chain or link belt supported by trestles or towers with one or more spans, or similar devices.
(ii) “Jay bar, T bar, poma lift, platter pull, so called”
, and similar types of devices, are means of transportation which pull skiers riding on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans.
(iii) “Multi-car passenger tramway”
, a device used to transport passengers in several open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices.
(iv) “Rope tow”
, a type of transportation which pulls the skiers riding on skis as the skier grasps the rope manually, or similar devices.
(v) “Skimobile”
, a device in which a passenger car running on steel or wooden tracks is attached to and pulled by a steel cable, or similar devices.
(vi) “Two-car passenger tramway”
, a device used to transport passengers in two (2) open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices.
History of Section.
G.L. 1956, § 42-17.2-2; by P.L. 1969, ch. 127, § 1; P.L. 1979, ch. 355, § 2; P.L. 1988, ch. 84, § 85.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.2 - Ski Tramways › Section 42-17.2-4. - Rules, regulations, and codes.

§ 42-17.2-4. Rules, regulations, and codes.
(a)
The director of environmental management may adopt reasonable rules, regulations, and codes relating to public safety in the construction, operation, maintenance, and inspection of passenger tramways. The rules, regulations, and codes authorized hereunder shall conform as nearly as practicable to established standards, if any, and shall not be discriminatory in their application to operators of passenger tramways.
(1)
The rules, regulations, and codes shall be adopted only after public hearing, notice of which shall be published in a newspaper of general circulation in this state at least fourteen (14) days before holding the hearing. The director of environmental management shall also give notice of the hearing by mail to each registered operator at least fourteen (14) days before holding it.
(2)
At the hearing the director of environmental management shall permit any interested person to present information, views, and arguments with respect to the rules, regulations, or codes, either orally or in written form. A summary of the text of the rules, regulations, and codes adopted by the director of environmental management shall be published by the department in two (2) newspapers of general circulation in the state and each registered operator shall be furnished with two (2) copies thereof. The rules, regulations, and codes shall become effective upon such date subsequent to publication as required in this section.
(b)
The foregoing procedure shall be followed by the director of environmental management in amending or appealing any of its rules, regulations, or codes. Rules, regulations, or codes adopted by the director of environmental management shall in no way reduce or diminish the standard of care imposed upon passenger tramway operators under existing law.
History of Section.
G.L. 1956, § 42-17.2-4; P.L. 1969, ch. 127, § 1; P.L. 1979, ch. 355, § 2; P.L. 2007, ch. 340, § 21.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.2 - Ski Tramways › Section 42-17.2-5. - Enforcement.

§ 42-17.2-5. Enforcement.
No person shall operate a passenger tramway unless the tramway has been inspected by a qualified inspector of an insurance company underwriter and has a current insurance policy in force written by an insurance company authorized to do business within the state in an amount of not less than five hundred thousand dollars ($500,000) per occurrence or an aggregate of not less than one million dollars ($1,000,000) for liability for injury to persons arising out of the use of the tramway. The annual inspection report and certificate of insurance coverage shall be filed with the department prior to the first day of the operation each year.
History of Section.
P.L. 1988, ch. 288, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.2 - Ski Tramways › Section 42-17.2-6. - Operators to pay cost of inspection.

§ 42-17.2-6. Operators to pay cost of inspection.
The expenses of the department in connection with making the inspections under § 42-17.2-5 shall be paid in the first instance by the department. However, each operator shall, upon notification by the department of the amount due, reimburse the department for the expense of specialized assistance which may be employed by the department in making inspections. The department shall not charge in excess of five dollars ($5.00) per hour for the services of special assistants. It may include traveling time and expenses in addition. The reimbursement shall be credited to the revolving fund created under this chapter.
History of Section.
G.L. 1956, § 42-17.2-6; P.L. 1969, ch. 127, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.2 - Ski Tramways › Section 42-17.2-7. - Registration and fees.

§ 42-17.2-7. Registration and fees.
A passenger tramway shall not be operated in this state unless the operator thereof has been registered by the department. On or before the first day of November in each year, every operator of a passenger tramway shall apply to the department, on forms prepared by it, for registration hereunder. The application shall contain such information as the department may require and shall be accompanied by a registration fee of fifteen dollars ($15.00).
History of Section.
G.L. 1956, § 42-17.2-7; P.L. 1969, ch. 127, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.2 - Ski Tramways › Section 42-17.2-8. - Orders.

§ 42-17.2-8. Orders.
If, after investigation, the department finds that a violation of any of the rules, regulations, or codes exists, or that there is a condition in passenger tramway construction, operation or maintenance endangering the safety of the public, it shall forthwith issue its written order setting forth its findings, the corrective action to be taken, and fixing a reasonable time for compliance therewith. The order shall be served upon the operator involved by registered mail and shall become final unless the operator applies to the board for a hearing in the manner provided in chapter 35 of this title with the right of appeal as therein specified.
History of Section.
G.L. 1956, § 42-17.2-8; P.L. 1969, ch. 127, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.2 - Ski Tramways › Section 42-17.2-9. - Suspension.

§ 42-17.2-9. Suspension.
If any operator fails to comply with a lawful order issued under § 42-17.2-8, the department may order the operator to cease operations for such time as it considers necessary for the protection of the safety of the public.
History of Section.
G.L. 1956, § 42-17.2-9; P.L. 1969, ch. 127, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.2 - Ski Tramways › Section 42-17.2-10. - Penalties.

§ 42-17.2-10. Penalties.
(a) Operating without registration.
Any operator who operates a passenger tramway without being registered by the department shall be fined not more than fifty dollars ($50.00) for each day of operation.
(b) After suspension.
Any person who operates a passenger tramway after being ordered to cease operations shall be fined not more than one hundred dollars ($100) for each day of illegal operation.
History of Section.
G.L. 1956, § 42-17.2-10; P.L. 1969, ch. 127, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-1. - Board of certification of operators of wastewater treatment facilities.

§ 42-17.4-1. Board of certification of operators of wastewater treatment facilities.
(a)(1)
There is hereby created a board of certification of operators of wastewater treatment facilities to insure the proper management, operation, and maintenance of wastewater treatment facilities.
(2)
The board shall consist of seven (7) persons, including the director of the department of environmental management, or his or her designee; the director of the department of health, or his or her designee; and five (5) members appointed by the governor. Of the appointive members of the board, one shall be representative of the Rhode Island League of Cities and Towns, one shall be an educator in the field of sanitary engineering, one shall be an active qualified operator of a publicly owned wastewater treatment facility who presently holds a valid voluntary certificate from the New England Water Pollution Control Association or a mandatory certificate from another state and is an active member of the Narragansett Water Pollution Control Association, one shall be a municipal director of public works who has general supervisory authority for a wastewater treatment facility, and one shall be a representative of a business, labor, industry, or governmental employees labor union.
(b)
Each member of the board shall serve for a term of four (4) years; provided, however, that of the initial members appointed to the board by the governor, one shall be appointed for a term of two (2) years, two (2) shall be appointed for terms of three (3) years, and two (2) shall be appointed for terms of four (4) years. As the term of office of a member of the board expires, his or her successor shall be appointed in like manner for a term of four (4) years provided that a member shall continue to serve until an appointment is made by the governor. Any vacancy shall be filled by the governor for the unexpired term.
(c)
Any member of the board may be removed from office by the governor for good cause.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-2. - Compensation for board members.

§ 42-17.4-2. Compensation for board members.
Each member of the board shall serve without compensation; provided, however, he or she shall be paid the necessary traveling expenses actually incurred in the discharge of his or her official duties.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-3. - Assistance to board.

§ 42-17.4-3. Assistance to board.
(a)
The director of the department of environmental management shall provide assistance to the board in carrying out the provisions of this chapter. The director shall provide office space for meetings of the board, necessary record-keeping assistance, and clerical and staff assistance.
(b)
The division of personnel of the department of administration shall provide assistance to the board to administer, prepare, and grade any examinations, as deemed necessary by the board. The results of the examinations shall be forwarded to the board for their action.
(c)
Nothing in this section shall prohibit the board from hiring its own employees.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-4. - Definitions.

§ 42-17.4-4. Definitions.
As used in this chapter:
(1)
“Assistant superintendent” means the individual who is an operator who is assigned the direct responsibility for the management, operation and maintenance of a wastewater treatment facility in the absence of the superintendent and who shall have a certificate equal to the grade or classification of the wastewater treatment facility.
(2)
“Board” means the board of certification established by § 42-17.4-1 to insure the proper management, operation and maintenance of wastewater treatment facilities by certifying an individual to be qualified to be an operator.
(3)
“Certificate” means a certificate of competency issued by the board to an individual to operate one or more specified classes of wastewater treatment facilities.
(4)
“Operator” means an individual who is assigned the responsibility on one or more mechanical treatment units, processes, or other important functions at a wastewater treatment facility.
(5)
“Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of this state, any interstate body, or any other legal entity.
(6)
“Superintendent” means the individual who is an operator who is assigned the direct responsibility for the management, operation and maintenance of a wastewater treatment facility during all working shifts at the facility and who shall hold a certificate equal to the grade or classification of the wastewater treatment facility. It does not apply to any official who does not work at the wastewater treatment facility as an operator.
(7)
“Wastewater” means used water delivered to a wastewater treatment facility. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present.
(8)
“Wastewater treatment facility” means an arrangement of devices and structures excluding septic tanks constructed and installed for the purpose of treatment of wastewater from domestic, commercial or industrial sources or combinations thereof. Privately-owned wastewater treatment facilities which treat predominately industrial wastes shall be excluded from the provisions of this chapter by the board.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-5. - Powers and duties of board.

§ 42-17.4-5. Powers and duties of board.
The board shall:
(1)
Classify all wastewater treatment facilities as to their size and type and establish specifications for certification of operators of each class of wastewater treatment facilities;
(2)
Determine by examination, and from the applicant’s training and experience, the class of certificate, if any, he or she will be issued. Examinations shall be held at least once each year at a time and place designated by the board;
(3)
Adopt such rules and regulations as it deems necessary to carry out the provisions of this chapter;
(4)
Provide for the issuance of a non-renewable provisional certificate to an individual where the board deems necessary; provided, however, that any individual receiving a provisional certificate shall pass the examinations and meet other requirements for such position within one year after issuance of the certificate;
(5)
Study the feasibility of requiring mandatory certification of superintendents and assistant superintendents of wastewater treatment facilities which treat predominantly industrial wastewaters and report their findings to the general assembly on or before January 1, 1980;
(6)
When taking action with regard to subdivisions (1) — (5) above, consider generally applicable criteria, regulations, and guidelines developed by the association of boards of certification for operating personnel in water and wastewater utilities.
(7)
Keep records of its proceedings and of all applications for certification.
(8)
Submit to the governor at the end of each fiscal year a report on its transactions of that year and transmit to him or her a complete statement of the receipts and expenditures of the board, attested by affidavits of its chairperson and secretary.
(9)
Encourage all operators to attend classes, seminars, and/or other educational programs periodically to keep abreast of changes and advances in the fields of wastewater treatment and management.
(10)
Work with the state board of governors for higher education to establish various levels of training courses, seminars and/or other educational programs.
(11)
Encourage all operators in addition to those required by this chapter by virtue of their responsibility as superintendents and assistant superintendents to become certified.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-6. - Prohibitions.

§ 42-17.4-6. Prohibitions.
(a)
It shall be unlawful after June 30, 1979, for any person to operate or to cause to be operated a wastewater treatment facility unless the superintendent and assistant superintendent of the facility hold a certificate issued by the board. The board may waive the requirement of a certified assistant superintendent at a wastewater treatment facility designed for a flow of less than one hundred thousand (100,000) gallons per day.
(b)
It shall be unlawful after June 30, 1979 for any person to hire an individual as an operator unless he or she holds a certificate as required under regulations adopted pursuant to this chapter; except that the operator may be hired without the certificate provided that he or she obtains the certificate within one year of the date of employment.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-7. - Applications.

§ 42-17.4-7. Applications.
(a)
Application for certification shall be made on forms supplied by the board.
(b)
The application shall be accompanied by a fee of ten dollars ($10.00). The annual renewal fee will be five dollars ($5.00).
(c)
The board shall review applications and supporting documents, determine the eligibility of the applicant for examination, and notify the applicant of the same.
(d)
The fee will not be returned upon failure to pass the examination.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-8. - Certification and revocation.

§ 42-17.4-8. Certification and revocation.
(a)
Upon satisfactory fulfillment by an applicant of the provisions of this chapter and the rules and regulations adopted by the board, the board shall issue a suitable certificate designating competency. This certificate shall expire at the end of the calendar year and may be renewed from year to year thereafter. The certificate shall indicate the class of treatment facility for which the operator is qualified. The certificates for superintendent and assistant superintendents shall be prominently displayed in the office of the wastewater treatment facility.
(b)
Certificates may be issued, upon application, without examination, in a comparable classification to any individual who holds a certificate issued by any state, territory or possession of the United States, any country, or the New England Water Pollution Control Association if in the judgment of the board the requirements for certification of operators under which such individual’s certificate was issued do not conflict with the provisions of these regulations. A certificate issued under the provisions of this subsection is valid at any wastewater treatment facility of that grade or classification as delineated by the board.
(c)
Certificates will be issued, upon application, without examination, to those superintendents or assistant superintendents so employed as of the date of the passage of this chapter. However, these certificates shall be valid only in that facility at which the superintendent and assistant superintendents were employed at the time of certification.
(d)
The board may revoke the certificate of a superintendent or assistant superintendent or operator when it is found after such an individual has been granted a hearing that he or she performed his or her duties in a negligent manner that produced an effluent below the standards normal for the particular facility operated; or that he or she has practiced fraud or deception; or that reasonable care, judgment or the application of his or her knowledge or ability was not used in the performance of his or her duties or that an individual is incompetent or unable to perform his or her duties properly. Appeal from the decision may be made as provided under chapter 35 of this title.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-9. - Equity proceedings for enforcement.

§ 42-17.4-9. Equity proceedings for enforcement.
The superior court shall have jurisdiction in equity to enforce the provisions of this chapter. Proceedings under this section shall follow the course of equity and shall be instituted and prosecuted in the name of the board, by the attorney general.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-10. - Penalty for violation.

§ 42-17.4-10. Penalty for violation.
Any person who shall be found guilty of violation of any of the provisions of § 42-17.4-6 or any rules and regulations adopted hereunder 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 by both fine or imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation is repeated or continued.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.4 - Wastewater Treatment Plants › Section 42-17.4-11. - Severability.

§ 42-17.4-11. Severability.
The provisions of this chapter are severable. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without regard to the invalid provisions or application.
History of Section.
P.L. 1978, ch. 282, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.5 - Natural Heritage Preservation Program › Section 42-17.5-1. - Short title.

§ 42-17.5-1. Short title.
This chapter shall be known as the “Natural Heritage Preservation Program”.
History of Section.
P.L. 1984, ch. 155, art. III, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.5 - Natural Heritage Preservation Program › Section 42-17.5-2. - Legislative findings.

§ 42-17.5-2. Legislative findings.
The general assembly recognizes that open land with scenic, natural, and ecological value is important to the character of Rhode Island and provides opportunities for passive recreation. Such open land is rapidly disappearing, and it is in the best interest of the people of the state to take steps to preserve the most important of our irreplaceable open land resources. The municipalities of the state and nonprofit land trusts and other conservation organizations have expressed a willingness to act to save open land of local or regional importance and to make such land available for appropriate public use. In order to support and encourage such land preservation, to protect the scenic and natural heritage of Rhode Island, to improve our quality of life, and to enhance tourism, the general assembly hereby establishes a natural heritage revolving fund to provide zero interest loans to municipalities and to conservation organizations for projects to preserve, protect, and make available for safe use important open space and natural land throughout the state.
History of Section.
P.L. 1984, ch. 155, art. III, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.5 - Natural Heritage Preservation Program › Section 42-17.5-3. - Natural heritage preservation revolving fund.

§ 42-17.5-3. Natural heritage preservation revolving fund.
(a)
There is hereby created as a separate fund within the treasury the “natural heritage preservation revolving fund” which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. The fund shall consist of such sums as the state may from time to time appropriate, as well as monies received from the federal government, gifts, bequests, donations, or otherwise from any public or private source, which monies are intended to implement and encourage preservation of properties which possess scenic, natural, and ecological value.
(b)
All monies placed in the natural heritage revolving fund shall be made available for the following purposes:
(1)
To make loans to nonprofit conservation foundations, cities, towns, or public or private land trusts for the purpose of acquiring property worthy of preservation.
(2)
To make loans or otherwise provide a source of equity capital for preservation of open land resources consistent with the purposes of this chapter.
(c)
Loans made under the provisions of this section may be made directly, or in cooperation with other lenders or any agency, department, or bureau of the federal government or state of Rhode Island. The proceeds received from the repayment of any loans made from this fund shall be deposited in and returned to the natural heritage revolving fund, to constitute a continuing revolving fund for the purposes listed above.
History of Section.
P.L. 1984, ch. 155, art. III, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.5 - Natural Heritage Preservation Program › Section 42-17.5-4. - Natural heritage preservation commission.

§ 42-17.5-4. Natural heritage preservation commission.
There is established within the department of environmental management the natural heritage preservation commission consisting of the directors of the department of environmental management (who shall be chairperson) and the governor’s office of intergovernmental relations, and the chief of the division of statewide planning, department of administration.
History of Section.
P.L. 1984, ch. 155, art. III, § 1; P.L. 1986, ch. 198, § 56.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.5 - Natural Heritage Preservation Program › Section 42-17.5-5. - Powers and duties of commission.

§ 42-17.5-5. Powers and duties of commission.
(a)
The commission shall have power to:
(1)
Conduct such hearings, examinations, and investigations as may be necessary and appropriate to the conduct of its operations and the fulfillment of its responsibilities;
(2)
Obtain access to public records and apply for the process of subpoena, if necessary, to produce books, papers, records, and other data;
(3)
Set policies for the disbursement and repayment of loans from the natural heritage preservation revolving fund;
(4)
Accept on behalf of the state, gifts, grants, or loans of funds, personal or real property, or services from any source, public or private, and comply, subject to the provisions of this chapter, with the terms and conditions thereof; and
(5)
Accept, from a federal agency, loans or grants for use in carrying out its purposes and enter into agreement with the agency respecting any such loans or grants.
(b)
The commission shall select from loan applicants those which meet all eligibility criteria and which the commission deems to be the most worthy of financing and shall make loans to such applicants.
(c)
The commission, consistent with the Administrative Procedures Act, chapter 35 of this title, shall:
(1)
Develop criteria necessary for defining eligibility for loans;
(2)
Prepare and adopt rules and regulating loan generation, disbursement, loan repayment, and mortgage covenants; and
(3)
Establish procedures consistent with the purposes of this chapter to insure the long term preservation of irreplaceable open land resources and their passive recreational use by the public.
History of Section.
P.L. 1984, ch. 155, art. III, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.5 - Natural Heritage Preservation Program › Section 42-17.5-6. - Governor’s advisory committee on natural heritage preservation.

§ 42-17.5-6. Governor’s advisory committee on natural heritage preservation.
(a)
There is hereby established a governor’s advisory committee on natural heritage preservation which shall: assist the natural heritage preservation commission in establishing criteria for determining which projects shall be eligible for natural heritage preservation loans, make recommendations to the commission on projects to receive loans, and advise the commission on related natural heritage matters.
(b)
The committee shall consist of seven (7) members to be appointed by the governor and shall include representation from the Rhode Island League of Cities and Towns and from recognized conservation and natural preservation organizations.
History of Section.
P.L. 1984, ch. 155, art. III, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.6 - Administrative Penalties for Environmental Violations › Section 42-17.6-1. - Definitions.

§ 42-17.6-1. Definitions.
As used in this chapter, the following words, unless the context clearly requires otherwise, shall have the following meanings:
(1) “Administrative penalty”
means a monetary penalty not to exceed the civil penalty specified by statute or, where not specified by statute, an amount not to exceed one thousand dollars ($1,000).
(2) “Director”
means the director of the department of environmental management or his or her duly authorized agent.
(3) “Person”
means any agency or political subdivision of the state, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity or any group thereof or any officer, employee or agent thereof.
History of Section.
P.L. 1987, ch. 243, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.6 - Administrative Penalties for Environmental Violations › Section 42-17.6-2. - Authority of director to assess penalty.

§ 42-17.6-2. Authority of director to assess penalty.
The director may assess an administrative penalty on a person who fails to comply with any provision of any rule, regulation, order, permit, license, or approval issued or adopted by the director, or of any law which the director has the authority or responsibility to enforce. Any such penalty shall be an alternative to any other civil penalty that may be prescribed by law.
History of Section.
P.L. 1987, ch. 243, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.6 - Administrative Penalties for Environmental Violations › Section 42-17.6-4. - Right to adjudicatory hearing.

§ 42-17.6-4. Right to adjudicatory hearing.
(a)
Whenever the director seeks to assess an administrative penalty on any person other than through an expedited citation issued pursuant to § 42-17.6-3(c), the person shall have the right to an adjudicatory hearing under chapter 35 of this title, the provisions of which shall apply except when they are inconsistent with the provisions of this chapter.
(b)
A person shall be deemed to have waived his or her right to an adjudicatory hearing unless, within twenty (20) days of the date of the director’s notice that he or she seeks to assess an administrative penalty, the person files with the director or the clerk of the administrative adjudication division a written statement denying the occurrence of any of the acts or omissions alleged by the director in the notice, or asserting that the money amount of the proposed administrative penalty is excessive. In any adjudicatory hearing authorized pursuant to chapter 35 of this title, the director shall, by a preponderance of the evidence, prove the occurrence of each act or omission alleged by the director.
(c)
If a person waives his or her right to an adjudicatory hearing, the proposed administrative penalty shall be a final agency order immediately upon the waiver. The director may institute injunctive proceedings in the superior court for Providence County for enforcement of the final administrative penalty as a final agency order.
History of Section.
P.L. 1987, ch. 243, § 2; P.L. 1989, ch. 508, § 2; P.L. 2007, ch. 340, § 22; P.L. 2013, ch. 290, § 2; P.L. 2013, ch. 400, § 2; P.L. 2021, ch. 147, § 6, effective July 3, 2021; P.L. 2021, ch. 148, § 6, effective July 3, 2021.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.6 - Administrative Penalties for Environmental Violations › Section 42-17.6-5. - Judicial review.

§ 42-17.6-5. Judicial review.
If an administrative penalty is assessed at the conclusion of an adjudicatory hearing, the administrative penalty shall be final upon the expiration of thirty (30) days if no action for judicial review of the decision is commenced pursuant to chapter 35 of this title.
History of Section.
P.L. 1987, ch. 243, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.6 - Administrative Penalties for Environmental Violations › Section 42-17.6-6. - Determination of administrative penalty.

§ 42-17.6-6. Determination of administrative penalty.
In determining the amount of each administrative penalty, the director shall include, but not be limited to, the following to the extent practicable in his or her considerations:
(1)
The actual and potential impact on public health, safety and welfare and the environment of the failure to comply;
(2)
The actual and potential damages suffered, and actual or potential costs incurred, by the director, or by any other person;
(3)
Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm might have been done as a result of such noncompliance;
(4)
Whether the person being assessed the administrative penalty has previously failed to comply with any rule, regulation, order, permit, license, or approval issued or adopted by the director, or any law which the director has the authority or responsibility to enforce;
(5)
Making compliance less costly than noncompliance;
(6)
Deterring future noncompliance;
(7)
The financial condition of the person being assessed the administrative penalty;
(8)
The amount necessary to eliminate the economic advantage of noncompliance including, but not limited to, the financial advantage acquired over competitors from the noncompliance;
(9)
Whether the failure to comply was intentional, willful, or knowing and not the result of error;
(10)
Any amount specified by state and/or federal statute for a similar violation or failure to comply;
(11)
Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and
(12)
The public interest.
History of Section.
P.L. 1987, ch. 243, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.6 - Administrative Penalties for Environmental Violations › Section 42-17.6-7. - Limitations on amount of penalty.

§ 42-17.6-7. Limitations on amount of penalty.
The administrative penalty shall be not more than one thousand dollars ($1,000) for each violation or failure to comply unless a different amount is authorized by statute as a civil penalty for the subject violation. Each and every occurrence and/or day during which the violation or failure to comply is repeated shall constitute a separate and distinct violation.
History of Section.
P.L. 1987, ch. 243, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.6 - Administrative Penalties for Environmental Violations › Section 42-17.6-8. - Rules and regulations.

§ 42-17.6-8. Rules and regulations.
No administrative penalty shall be assessed by the director pursuant to this chapter until the director has promulgated rules and regulations for assessing administrative penalties in accordance with the provisions of chapter 35 of this title.
History of Section.
P.L. 1987, ch. 243, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.6 - Administrative Penalties for Environmental Violations › Section 42-17.6-9. - Severability.

§ 42-17.6-9. Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that 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. 1987, ch. 243, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.7 - Administrative Adjudication for Environmental Matters › Section 42-17.7-1. - Establishment.

§ 42-17.7-1. Establishment.
There shall be established a division for administrative adjudication within the department of environmental management. Such division shall exercise its functions under the control of the director of environmental management.
History of Section.
P.L. 1989, ch. 508, § 1; P.L. 2007, ch. 340, § 23.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.7 - Administrative Adjudication for Environmental Matters › Section 42-17.7-2. - Adjudication of environmental licenses and violations — Informal resolution.

§ 42-17.7-2. Adjudication of environmental licenses and violations — Informal resolution.
All contested enforcement proceedings, all contested licensing proceedings, and all adjudicatory proceedings under chapter 17.6 of title 42 shall be heard by the division of administrative adjudication pursuant to the regulations promulgated by the director of environmental management; provided, however, that no adjudicatory proceeding in hearing prior to the establishment of the division by this chapter shall be subject to the provisions of this chapter. Notwithstanding the foregoing, the director shall be authorized in his or her discretion to resolve contested licensing and enforcement proceedings through informal disposition pursuant to regulations promulgated by the director.
History of Section.
P.L. 1989, ch. 508, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.7 - Administrative Adjudication for Environmental Matters › Section 42-17.7-3. - Hearing officers — Appointment — Qualifications — Compensation.

§ 42-17.7-3. Hearing officers — Appointment — Qualifications — Compensation.
(a)
The governor, with the advice and consent of the senate, shall appoint up to four (4) 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 each; provided, however, that of such initial four (4) hearing officers, one shall be appointed for a term of two (2) years, one shall be appointed for a term of three (3) years, one shall be appointed for a term of four (4) years, and one shall be appointed for a term of five (5) years, and they shall be addressed as hearing officers.
(b)
The governor shall designate one of these hearing officers as chief hearing officer. The hearing officers shall hear proceedings as provided by this chapter, and the director 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 chapter.
(c)
A hearing officer shall devote 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.
(d)
Compensation for hearing officers shall be determined by the department of administration.
(e)
The chief hearing officer may in his or her discretion appoint outside hearing officers who shall have appropriate qualifications to so serve.
History of Section.
P.L. 1989, ch. 508, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.7 - Administrative Adjudication for Environmental Matters › Section 42-17.7-4. - Clerk — Appointment — Powers and duties — Compensation.

§ 42-17.7-4. Clerk — Appointment — Powers and duties — Compensation.
(a)
There shall be an administrative clerk of the division of administrative adjudication. The governor, with the advice and consent of the senate, shall appoint the administrative clerk.
(b)
The clerk shall have the custody of the seal of the administrative adjudication division, have general charge of the office, keep a full record of proceedings, file and preserve all documents and papers entrusted to his or her care, prepare such papers and notices as may be required by the director or the hearing officers, and perform such other duties as may be prescribed. The clerk 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.
(c)
The clerk shall be a member of the classified service.
History of Section.
P.L. 1989, ch. 508, § 1; P.L. 1990, ch. 461, § 12.