reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-65 - Retirement Security Act for Locally Administered Pension Funds › Section 45-65-10. - Oversight and report on the status of locally administered pension plans.

§ 45-65-10. Oversight and report on the status of locally administered pension plans.
(a)
An advisory council regarding locally administered pension plans shall be established and consist of:
(1)
The general treasurer, who shall serve as a chairperson;
(2)
The auditor general;
(3)
A representative of organized labor appointed by the governor;
(4)
A representative of the Rhode Island League of Cities and Towns; and
(5)
The director of revenue or designee who shall be from the office of municipal finance.
(b)
On or before April 30 of each year, the advisory council shall provide to the governor’s office and to both chambers of the general assembly an annual report that shall include a “performance dashboard” of all pension plans used by either the state and/or any municipality or municipal employees, that sets forth for each plan:
(1)
Fund performance for each plan’s most recently completed and previous five (5) and ten (10) fiscal years;
(2)
The total percentage of the plan that is funded;
(3)
The percentage of administrative costs of the fund as measured against the fund’s assets;
(4)
Assumed and projected rates of return for the funds; and
(5)
The municipality’s or community’s capacity to pay the municipality’s required funding payment as a percentage of their tax levy ratio.
(c)
Cities and towns shall supply the information requested by the advisory council to furnish this report.
(d)
The report shall be accompanied by an opinion prepared by the general treasurer regarding the sustainability of each plan and any potential areas of concern.
History of Section.
P.L. 2016, ch. 524, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-66 - Central Coventry Fire District Annual Appropriation › Section 45-66-1. - Repealed.

§ 45-66-1. Repealed.
History of Section.
P.L. 2013, ch. 8, § 1; Repealed by P.L. 2013, ch. 8, § 2, effective May 10, 2013.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-1. - Short title.

§ 45-67-1. Short title.
This act shall be known and may be cited as the “Block Island Utility District Act of 2017.”
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-2. - Definitions.

§ 45-67-2. Definitions.
Terms used in this chapter shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:
(1)
“BIPCo” means the Block Island Power Company.
(2)
“BIPCo assets” means that real property, personal property, rights in any real and personal property, facilities, equipment, contract rights, statutory rights and privileges, franchises and other tangible or intangible property of any kind owned by BIPCo.
(3)
“BIPCo contractual obligations” means the obligations represented by and inherent in any contract entered into between BIPCo and another utility or other party, which obligations remain outstanding in any part as of the date when BIPCo ceases to be an electric utility pursuant to § 45-67-8(1).
(4)
“BIPCo debt obligations” means the obligations represented by and inherent in any debt incurred by BIPCo for the purpose of financing any aspect of its electric system or operations, which obligations remain outstanding in any part as of the date when BIPCo ceases to be an electric utility pursuant to § 45-67-8(1).
(5)
“Qualified elector” means any person whose name appears on an active account with the utility district and who is designated by the account holder to be the qualified elector. No active account shall have more than one qualified elector and no qualified elector shall have more than one vote.
(6)
“Utility district” means the Block Island utility district, a quasi-municipal corporation, having a distinct legal existence from the state, established and empowered by this chapter to:
(i)
Fulfill electric utility functions, powers, rights, and obligations;
(ii)
Exercise certain powers as an electric distribution company and power producer; and
(iii)
Provide additional utility services not inconsistent with the duties, powers and obligations of the utility district as defined in this section.
(7)
“Utility service area” means that geographic area comprising New Shoreham, Rhode Island.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-3. - Statement of purpose.

§ 45-67-3. Statement of purpose.
This chapter is intended to establish the Block Island utility district and to authorize and enable the utility district to provide utility products and services as may be authorized, from time to time, by the utility district’s board of utility commissioners.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-4. - Block Island utility district established.

§ 45-67-4. Block Island utility district established.
(a)
There is hereby created a quasi-municipal corporation, having a distinct legal existence from the state, to be known as the Block Island utility district, the boundaries of which shall be coterminous with the boundaries of New Shoreham, Rhode Island. The utility district shall have and be entitled to exercise the powers, rights, and functions set forth in this chapter. Notwithstanding any other provision of these general laws or of any regulation, ordinance, rules or requirements promulgated thereunder to the contrary, upon the creation of the utility district, all rights, obligations, and duties under contracts and agreements to which BIPCo is a party that are assumed by or transferred to the utility district shall not be affected, modified, limited, or altered as a result of such assumption or transfer and shall be assumed, performed, and be fully enforceable by and against the utility district.
(b)
In the event that BIPCo and the utility district are unable to agree on the price, terms and conditions of such sale of personal property and assumption of such obligations, then BIPCo shall continue as the electric utility servicing the utility service area, and the Block Island utility district shall not function as an electric utility.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-5. - Board of utility commissioners of the Block Island utility district established.

§ 45-67-5. Board of utility commissioners of the Block Island utility district established.
There is hereby created a board to be known as the board of utility commissioners of the Block Island utility district. The powers of the utility district as set forth in this chapter shall be vested in and exercised by a majority of the members of the board of utility commissioners then in office; provided, however, that the board of utility commissioners in its discretion may delegate executive functions to managers, by resolution, rule, or otherwise.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-6. - Membership of board of utility commissioners.

§ 45-67-6. Membership of board of utility commissioners.
(a)
The board of utility commissioners shall consist of five (5) members, no less than three (3) of whom shall be residents of the town of New Shoreham as defined by the Revised Ordinances of the town of New Shoreham, Chapter 2, Article I, Section 2-2. A majority of the board shall constitute a quorum and a majority of the members shall be necessary for all actions taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. The initial elected members of the board of utility commissioners shall be elected with staggered terms of two (2) years and four (4) years. The three (3) candidates receiving the most votes will serve four-year (4) terms; the two (2) candidates receiving the next highest number of votes will serve two-year (2) terms. Thereafter, the members of the board of utility commissioners of the utility district shall be elected for a term of four (4) years by ballot of qualified electors.
(b)
The election of the initial board of utility commissioners shall be administered by the town of New Shoreham using the list of qualified electors provided by BIPCo.
(c)
Each member of the board of utility commissioners shall be a qualified elector. A qualified elector shall be eligible to be a candidate for election to the board; provided, however, that they shall first have filed a declaration of candidacy with the secretary of the board of utility commissioners not later than thirty (30) calendar days prior to the scheduled date of the election through which such person seeks to be elected. In the event of a vacancy occurring on the board of utility commissioners by reason of death, resignation, or other cause, the board itself may select an eligible candidate to fill the vacancy until the next annual election. In the event that an active account is in the name of a corporation or other entity, the designated qualified elector of such an entity shall also be eligible to be a candidate for election to the board.
(d)
The board of utility commissioners shall elect each year from among its members:
(1)
A chairperson;
(2)
A vice chairperson;
(3)
A secretary; and
(4)
A treasurer.
(e)
The board of utility commissioners shall establish and adopt bylaws for the management and conduct of the utility district’s affairs and other aspects of the governance of the utility district not otherwise controlled by this chapter.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-7. - Compensation of the board — Employees of the utility district.

§ 45-67-7. Compensation of the board — Employees of the utility district.
(a)
Members of the board of utility commissioners shall not be entitled to receive compensation for attendance at scheduled and special meetings of the board of utility commissioners, but shall be entitled to reimbursement of the actual and necessary expenses incurred in the performance of their duties. The salaries, compensation, and expenses of employees and agents of the utility district shall be paid solely out of funds of the utility district. No part of the earnings of the utility district shall inure to the benefit of any private person.
(b)
The board may enter into employment contracts with its executive employees. The board shall have the authority to approve employee benefit plans, including fringe benefits such as, but not limited to, pension, health, disability, and other insurances.
(c)
No member of the board of utility commissioners shall directly or indirectly engage or participate in the proceeds of any contract or agreement to supply anything of value or receive anything of value from the utility district. The prohibition set forth in this subsection may be waived by a vote of four (4) of the board of utility commissioners if, and only if, the board of utility commissioners shall have first obtained an opinion of the attorney general and/or the Rhode Island ethics commission based on full disclosure of all relevant facts that the waiver does not contravene state law and is otherwise in the best interests of the consumers served by the utility district.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1; P.L. 2022, ch. 266, § 1, effective July 2, 2022; P.L. 2022, ch. 308, § 1, effective July 6, 2022.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-9. - Limitation of powers.

§ 45-67-9. Limitation of powers.
All services provided by the utility district that constitute public utility services within the meaning of § 39-1-2 shall be subject to the applicable jurisdictions of the public utilities commission and the division of public utilities and carriers.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-10. - Exemptions.

§ 45-67-10. Exemptions.
(a)
The exemption waiver provided by the public utilities commission to BIPCo from the terms of § 39-1-27 shall also apply to the utility district and the public utilities commission shall have the authority to provide such other waivers from this section as may be in the public interest.
(b)
[Deleted by P.L. 2023, ch. 109, § 2 and P.L. 2023, ch. 110, § 2.]
(c)
The exemptions provided for the Pascoag utility district and BIPCo under §§ 39-1-27.3.1, 39-1-27.12, 39-2-1.2(b), 39-2-25, 39-26.1-1 through and including 39-26.1-6, and chapters 1.1, 26, 26.2, 26.4, and 26.6 of title 39 shall also apply to the Block Island utility district. The utility district shall be exempt from the provisions of chapter 18 of title 35.
(d)
As long as the utility district has a waiver from the restructuring provisions of § 39-1-27, then the utility district shall also be granted a waiver from the provisions of § 39-1-27.6 such that the employees of the utility district may be allowed to provide both electrical generation and distribution services.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1; P.L. 2023, ch. 109, § 2, effective June 19, 2023; P.L. 2023, ch. 110, § 2, effective June 19, 2023.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-12. - State not liable.

§ 45-67-12. State not liable.
Neither the state nor the town of New Shoreham is liable for the payment of the principal of or interest on any bonds or notes of the utility district, or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever that may be undertaken by the utility district, and none of the bonds or notes of the utility district, nor any of its agreements or obligations, are construed to constitute an indebtedness of the state or the town of New Shoreham within the meaning of any constitutional or statutory provision whatsoever, nor shall the issuance of bonds or notes, under the provisions of this chapter, directly or indirectly or contingently, obligate the state or any municipality of the state to levy or to pledge any form of taxation for them or to make any appropriation for their payment. All of the revenue bonds or notes shall contain on their face a statement to the effect that neither the state nor the town of New Shoreham are obligated to pay the revenue bonds or notes, or their interest, except from revenues of the project or projects for which they are issued, and that neither the faith and credit, nor the taxing power of the state or of any municipality of the state, is pledged to the payment of the principal of or the interest on those bonds or notes.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-13. - Money of the utility district.

§ 45-67-13. Money of the utility district.
(a)
All money of the utility district, from whatever source derived, shall be paid to the treasurer of the utility district. The money on receipt shall be deposited forthwith in a separate bank account or accounts. The money in the accounts shall be paid out with a check of the treasurer, on requisition by the utility district, or of any other person or persons that the utility district may authorize to make the requisitions. All deposits of money shall be secured by obligations of the United States or of the state, of a market value at all times not less than the amount of deposits, and all banks and trust companies are authorized to give security for the deposits. The utility district shall have the power, notwithstanding the provisions of this section, to contract with the holders of any of its bonds as to the custody, collection, security, investment, and payment of any money of the authority, or any money held in trust or otherwise for the payment of bonds or in any way to secure the bonds, and to carry out any contract. Money held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of money may be secured in the same manner as the money of the authority, and all banks and trust companies are authorized to give security for the deposits.
(b)
Notwithstanding subsection (a) of this section, or any other provision of this chapter, the board of utility commissioners shall have the power to authorize, by resolution, a loan or advance from one utility fund of the utility district to another. Any such interfund advance or loan shall be for a term specified in the authorizing resolution of the board of utility commissioners and shall bear interest at a rate reasonably determined by the board of utility commissioners to be consistent with the public interest implicated in all funds involved in the interfund loan or advance; provided, however, that an interest rate set at the rate applicable to the utility district’s most recent borrowing from a bank or other financial institution shall be presumptively reasonable as the rate of interest for an interfund loan or advance.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-14. - Alteration, amendment, repeal or severability.

§ 45-67-14. Alteration, amendment, repeal or severability.
The right to alter, amend, or repeal this chapter is reserved to the state, but no such alteration, amendment, or repeal shall operate to retroactively impair the obligation of any contract made or assumed by the utility district under any power conferred by this chapter. If any section, clause, provision, or term of this chapter shall be declared unconstitutional, void, ultra vires, or otherwise ineffective in whole or in part, such determination of invalidity shall not otherwise affect the validity or enforceability of any other provision of this chapter.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-67 - Block Island Utility District Act of 2017 › Section 45-67-15. - Reversion upon dissolution or termination.

§ 45-67-15. Reversion upon dissolution or termination.
Upon dissolution or termination of the utility district, the assets of the utility district that remain after payment, or making provision for payment, of all bonds, notes, and other obligations of the utility district shall be distributed to the town of New Shoreham or as ordered by a court of proper jurisdiction.
History of Section.
P.L. 2017, ch. 280, § 1; P.L. 2017, ch. 293, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-68 - Statewide Municipal Solar Permit › Section 45-68-1. - Legislative purpose.

§ 45-68-1. Legislative purpose.
The purpose of this chapter is to provide a predictable and universal process for obtaining a single permit that encompasses both building and electric permits for solar photovoltaic systems with municipalities.
History of Section.
P.L. 2017, ch. 10, § 1; P.L. 2017, ch. 27, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-68 - Statewide Municipal Solar Permit › Section 45-68-2. - Definitions.

§ 45-68-2. Definitions.
When used in this chapter, these terms shall have the following meaning:
(1)
“Commission” means the Rhode Island state building code commission;
(2)
“Office” means the Rhode Island office of energy resources; and
(3)
“Solar energy permit” means a standard application used by municipalities that covers both the building and electrical permit aspects of a solar photovoltaic system installation.
History of Section.
P.L. 2017, ch. 10, § 1; P.L. 2017, ch. 27, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-68 - Statewide Municipal Solar Permit › Section 45-68-3. - Renewable energy permit.

§ 45-68-3. Renewable energy permit.
(a)
The office, in consultation with the commission, shall promulgate and adopt rules and regulations that will create a statewide solar photovoltaic permit application that municipalities will be required to use beginning on January 1, 2018. The office’s rules and regulations shall be adopted no later than November 1, 2017.
(b)
The office shall establish an advisory group for the purpose of creating a statewide solar energy permit application form.
(c)
The advisory group shall include the following members and may be expanded by the office in its discretion, to include other personnel with experience and/or expertise in the area of solar energy:
(1)
A renewable energy developer with expertise in residential solar photovoltaic installation;
(2)
A renewable energy developer with expertise in commercial solar photovoltaic installations; and
(3)
Three (3) municipal officials with expertise in building and electric permitting processes.
History of Section.
P.L. 2017, ch. 10, § 1; P.L. 2017, ch. 27, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-69 - Coastal Hazards › Section 45-69-1. - Coastal hazards.

§ 45-69-1. Coastal hazards.
For the purposes of coastal hazards, including sea level rise and coastal flooding, the state’s twenty-one (21) coastal communities are authorized to adopt the coastal resources management council’s (CRMC) coastal hazard application process applicable to a local overlay district bounded by the seven-foot (7′) sea level rise, plus one hundred- year (100) recurrence coastal storm as specified by the CRMC’s shoreline change special area management plan. This local overlay district shall be for the purposes of assessing coastal hazard risk of structures by applicants seeking local building permits.
History of Section.
P.L. 2021, ch. 214, § 1, effective July 7, 2021; P.L. 2021, ch. 325, § 1, effective July 9, 2021.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-70 - Continuing Education for Local Planning and Zoning Boards and Historic District Commissions › Section 45-70-1. - Purpose.

§ 45-70-1. Purpose.
The purpose of this chapter is to establish requirements and standards for initial, biennial, and continuing education programs for members and alternate members of local planning boards or commissions or any combined boards or commissions or zoning boards or any historic district commission performing land planning or zoning functions as authorized pursuant to the general laws.
History of Section.
P.L. 2022, ch. 142, § 4, effective January 1, 2023; P.L. 2022, ch. 143, § 4, effective January 1, 2023.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-70 - Continuing Education for Local Planning and Zoning Boards and Historic District Commissions › Section 45-70-2. - Applicability.

§ 45-70-2. Applicability.
This chapter shall apply to the following:
(1)
All members, including alternate members, of any local planning board or commission authorized pursuant to chapter 22 of this title.
(2)
All members, including alternate members, of any zoning board or commission authorized pursuant to chapter 24 of this title.
(3)
All members, including alternate members, of any combined board or commission authorized pursuant to the general laws to have a role in local land use and planning.
(4)
All members, including alternate members, of any historic district commission authorized pursuant to chapter 24.1 of this title.
History of Section.
P.L. 2022, ch. 142, § 4, effective January 1, 2023; P.L. 2022, ch. 143, § 4, effective January 1, 2023.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-70 - Continuing Education for Local Planning and Zoning Boards and Historic District Commissions › Section 45-70-4. - Exemptions.

§ 45-70-4. Exemptions.
The following persons shall be exempt from the educational requirements established pursuant to this chapter:
(1)
The chief municipal officer of the city or town or person designated to serve on a planning board in an ex officio and non-voting capacity.
(2)
Any person who offers satisfactory proof of having completed a course of study in land use law and planning within one year prior to January 1, 2023, that, in the determination of the director of the department of administration (the “director”) in consultation with the division of statewide planning, is equivalent to or more extensive than the course offered pursuant to the requirements of this chapter, will be exempt from the initial three (3) hours of training; however, remain subject to annual continuing education requirements. An appointee/reappointee must file with the city or town clerk a statement explaining why he or she is exempt from the initial introductory training following the effective date of this chapter [January 1, 2023].
(3)
Any person who demonstrates that he or she is certified by the American Institute of Certified Planners (AICP) or has a master’s or doctorate degree in planning from an accredited college or university will be exempt from the initial three (3) hours of training; however, remain subject to annual continuing education requirements. An appointee/reappointee must file with the city or town clerk a statement explaining why he or she is exempt from the initial introductory training following the effective date of this chapter [January 1, 2023].
History of Section.
P.L. 2022, ch. 142, § 4, effective January 1, 2023; P.L. 2022, ch. 143, § 4, effective January 1, 2023.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-70 - Continuing Education for Local Planning and Zoning Boards and Historic District Commissions › Section 45-70-5. - Advisory committee.

§ 45-70-5. Advisory committee.
The state planning council shall appoint an advisory committee to assist in the development of the education program that shall include, but not be limited to, representatives from the American Planning Association (R.I. Chapter), American Council of Engineering Companies – Rhode Island, Grow Smart Rhode Island, Rhode Island League of Cities and Towns, Rhode Island Builders Association, University of Rhode Island coastal resource center, and the office of housing and community development. The division of statewide planning shall provide administrative support to and facilitate meetings of the advisory committee to meet at a minimum of once a year to evaluate and make improvements to the training program.
History of Section.
P.L. 2022, ch. 142, § 4, effective January 1, 2023; P.L. 2022, ch. 143, § 4, effective January 1, 2023.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-70 - Continuing Education for Local Planning and Zoning Boards and Historic District Commissions › Section 45-70-6. - Rules and regulations — Report.

§ 45-70-6. Rules and regulations — Report.
The state planning council is hereby authorized and empowered to promulgate rules and regulations necessary to carry out the provisions of this chapter no later than December 31, 2022. The department of administration, division of statewide planning, shall submit to the governor, the speaker of the house of representatives, and the senate president, a report detailing the program development and completion levels of training by board members of each community no later than April 30, 2027.
History of Section.
P.L. 2022, ch. 142, § 4, effective January 1, 2023; P.L. 2022, ch. 143, § 4, effective January 1, 2023.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-1 - Duties of Department of Environmental Management › Section 46-1-1. - General duties of director.

§ 46-1-1. General duties of director.
The director of the department of environmental management shall have control and supervision of all the harbors and tidewaters of the state, for the preservation, development, and improvement thereof and the promotion of the interests of the state therein.
History of Section.
P.L. 1918, ch. 1669, § 2; G.L. 1923, ch. 149, § 7; G.L. 1938, ch. 112, § 7; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-1-1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-1 - Duties of Department of Environmental Management › Section 46-1-2. - Care and supervision of harbors and tidewaters.

§ 46-1-2. Care and supervision of harbors and tidewaters.
The director of the department of environmental management shall have the general care and supervision of all the public harbors and tidewaters within the state, with authority to prosecute for and to cause to be removed all unauthorized obstructions and encroachments therein, and may cause the harbors and public waters to be surveyed and platted and may make such examinations and observations as he or she may deem necessary to protect and develop the rights and interests of the state in the harbors and public waters; and may employ such engineers and other service as may be necessary to this end.
History of Section.
G.L. 1896, ch. 118, § 10; G.L. 1909, ch. 144, § 10; G.L. 1923, ch. 149, § 9; G.L. 1938, ch. 112, § 9; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-1-2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-1 - Duties of Department of Environmental Management › Section 46-1-3. - Offices of department — Seal.

§ 46-1-3. Offices of department — Seal.
The department of administration shall furnish the department of environmental management with offices in which to transact its business and keep its charts and records. The department of environmental management shall have a seal and shall have engraved thereon the words “Department of Environmental Management, State of Rhode Island,” and the seal shall be affixed to all orders, permits, licenses, and contracts which the director of environmental management is authorized by law to make, and to such other documents and instruments to which the director is authorized to affix his or her signature as the director may deem necessary.
History of Section.
G.L. 1909, ch. 144, § 17; P.L. 1918, ch. 1669, § 7; G.L. 1923, ch. 149, § 16; G.L. 1938, ch. 112, § 16; impl. am. P.L. 1939, ch. 660, §§ 100, 233; impl. am. P.L. 1951, ch. 2727, art. 1, § 2; G.L. 1956, § 46-1-3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-1 - Duties of Department of Environmental Management › Section 46-1-4. - Expenses — Employment of personnel.

§ 46-1-4. Expenses — Employment of personnel.
The director of the department of environmental management may incur such expenses and employ such superintendents, engineers, draftspersons, assistants, agents, watchpersons, clerks, and other persons as the director may deem necessary to enable the department to carry out its duties under chapters 1 — 7 of this title, at a cost not to exceed the sum appropriated therefor.
History of Section.
G.L.1909, ch. 144, § 15; P.L. 1918, ch. 1669, § 6; G.L. 1923, ch. 149, § 14; G.L. 1938, ch. 112, § 14; impl. am. P.L. 1939, ch. 660, § 100, G.L. 1956, § 46-1-4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-1 - Duties of Department of Environmental Management › Section 46-1-5. - Appropriations and disbursements.

§ 46-1-5. Appropriations and disbursements.
The general assembly shall annually appropriate such sum as it may deem necessary for the payment of the salaries of the director and his or her assistants, and for all other expenses of the department; the sum to be paid upon vouchers approved by the director of environmental management.
History of Section.
G.L.1909, ch. 144, § 15; P.L. 1918, ch. 1669, § 6; G.L. 1923, ch. 149, § 14; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 112, § 14; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-1-5.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-1 - Duties of Department of Environmental Management › Section 46-1-6. - Annual report.

§ 46-1-6. Annual report.
The director of the department of environmental management shall make an annual report to the general assembly at its January session of the doings of the department during the preceding year, and shall recommend such further legislation as he or she may deem proper for the preservation and improvement of the harbors and public tidewaters and the promotion of the interests of the state connected therewith.
History of Section.
G.L. 1896, ch. 118, § 16; P.L. 1901, ch. 809, § 30; G.L. 1909, ch. 144, § 16; G.L. 1923, ch. 149, § 15; G.L. 1938, ch. 112, § 15; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-1-6.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-1.1 - Consistency of Interpretation › Section 46-1.1-1. - Consistency of interpretation with title 46, chapter 23.

§ 46-1.1-1. Consistency of interpretation with title 46, chapter 23.
Sections 46-1-1, 46-1-2, 46-2-2, 46-2-4, 46-6-1, 46-6-2 and 46-6-6 shall be interpreted in a manner consistent with the designation of the coastal resources management council as the lead state agency for dredging as provided for in § 46-23-1(e).
History of Section.
P.L. 1996, ch. 271, § 8; P.L. 1996, ch. 281, § 8.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-1. - Application for federal harbor appropriations.

§ 46-2-1. Application for federal harbor appropriations.
The director of the department of environmental management may apply to Congress, whenever he or she deems it necessary, for appropriations for protecting and improving any harbor in the state.
History of Section.
G.L. 1896, ch. 118, § 13; G.L. 1909, ch. 144, § 13; G.L. 1923, ch. 149, § 12; G.L. 1938, ch. 112, § 12; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-2-1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-2. - Agreements by state to satisfy federal conditions as to projects.

§ 46-2-2. Agreements by state to satisfy federal conditions as to projects.
The director of the department of environmental management is authorized to negotiate, cooperate, and enter into agreements in behalf of this state with the United States in order to satisfy the conditions imposed by the United States authorizing any project for the improvement of navigation of any harbor or river and for the protection of property against damage by floods or by erosion, provided the project shall first have been approved by the governor.
History of Section.
P.L. 1949, ch. 2263, § 1; G.L. 1956, § 46-2-2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-3. - Agreements to hold federal government harmless.

§ 46-2-3. Agreements to hold federal government harmless.
The director of the department of environmental management with the approval of the governor, is authorized to give assurances that the state will hold and save the United States harmless from claims and damages resulting from any improvement or protection project and to enter into any agreement with the federal government for that purpose.
History of Section.
P.L. 1949, ch. 2263, § 2; G.L. 1956, § 46-2-3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-4. - Applications for federal aid.

§ 46-2-4. Applications for federal aid.
Whenever it shall be necessary to obtain cooperation, assistance, or funds from the United States of America in the form of loans, advances, grants, subsidies, and otherwise, directly or indirectly, for any of the purposes enumerated in § 46-2-2, the director of the department of environmental management, with the approval of the governor, may make all necessary applications therefor to the United States or any agency thereof. All applications shall be made in writing in the name of the state, and shall be signed by the director of the department of environmental management, and shall be countersigned by the governor.
History of Section.
P.L. 1949, ch. 2263, § 3; G.L. 1956, § 46-2-4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-5. - Payment of state contributions.

§ 46-2-5. Payment of state contributions.
Where an appropriation has been made by the general assembly for that purpose, the director of the department of environmental management, with the approval of the governor, is authorized to provide for the payment by the state of the cash contribution required by the United States for the improvement or protection project.
History of Section.
P.L. 1949, ch. 2263, § 4; G.L. 1956, § 46-2-5.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-6. - Powers supplemental.

§ 46-2-6. Powers supplemental.
The powers granted in §§ 46-2-2 — 46-2-5 shall be deemed to be in addition to and not in derogation of all the powers previously vested in the director of the department of environmental management.
History of Section.
P.L. 1949, ch. 2263, § 4; G.L. 1956, § 46-2-6.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-7. - Agreements by cities and towns to meet federal conditions.

§ 46-2-7. Agreements by cities and towns to meet federal conditions.
Any city or town is authorized to negotiate, cooperate, and enter into agreements with the United States and the state in order to satisfy the conditions imposed by the United States in authorizing any project for the improvement of navigation of any harbor or river and for the protection of property against damage by floods or by erosion, provided the project shall have been approved by the governor.
History of Section.
P.L. 1949, ch. 2354, § 4; G.L. 1956, § 46-2-7.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-8. - Joint undertakings of cities and towns.

§ 46-2-8. Joint undertakings of cities and towns.
Where any improvement or protection project is located within two (2) or more cities or towns, the cities or towns are authorized to undertake jointly any action as is authorized in § 46-2-7.
History of Section.
P.L. 1949, ch. 2354, § 2; G.L. 1956, § 46-2-8.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-9. - Condemnation by cities and towns — Appropriations and borrowing.

§ 46-2-9. Condemnation by cities and towns — Appropriations and borrowing.
In order to carry out the intent of §§ 46-2-7 — 46-2-11 any city or town is authorized to acquire by condemnation any land, easements, or rights-of-way required for the improvement or protection project, and any city or town is authorized to make appropriations and to expend funds, in the manner provided by law, for the improvement or protection project, and to issue bonds or other evidences of debt, subject to statutory limitation, for the improvement or protection project.
History of Section.
P.L. 1949, ch. 2354, § 3; G.L. 1956, § 46-2-9.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-10. - Agreement by town or city to hold federal government harmless.

§ 46-2-10. Agreement by town or city to hold federal government harmless.
The town council of any town and the city council of any city are authorized to give assurances that the respective town or city will hold and save the United States harmless from claims and damages resulting from the improvement or protection project and to enter into agreement with the United States for these purposes.
History of Section.
P.L. 1949, ch. 2354, § 4; G.L. 1956, § 46-2-10.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-11. - State contributions where appropriation made by city or town.

§ 46-2-11. State contributions where appropriation made by city or town.
Where an appropriation has been made by any city or town council for that purpose, and where an appropriation has also been made by the general assembly for that purpose, the director of the department of environmental management, with the approval of the governor, is authorized to provide for the payment by the state of not more than one-half (½) of the cash contribution required by the United States, for the improvement or protection project.
History of Section.
P.L. 1949, ch. 2354, § 5; G.L. 1956, § 46-2-11.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-12. - Acquisition of land for flood control projects authorized.

§ 46-2-12. Acquisition of land for flood control projects authorized.
Whenever the council of any city, or the electors of any town qualified to vote upon any proposition for the imposition of taxes or for the expenditure of money, shall have voted at a meeting duly called for that purpose to cooperate with the state and the federal government in any flood control project in the city or town, the city or town may acquire by gift, purchase, or by eminent domain proceedings as provided in §§ 46-2-12 — 46-2-26, land or other real property or any interest, estate, or right therein as is necessary or advantageous to the establishment, acquisition, construction, development, betterment, or maintenance of the project and from time to time to relocate and construct highways, roads, and streets, including bridges and approaches and other structures, and including water pipes, petroleum pipes, gas pipes, sewers and sewer lines, communication and power lines, railroad tracks and bridges, and other structures, tailraces, raceway conduits, and extensions and connections, incidental thereto, and for the construction or reconstruction of dams and pumping stations, both publicly and privately owned.
History of Section.
P.L. 1956, ch. 3662, § 1; G.L. 1956, § 46-2-12.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-13. - Payment for property taken.

§ 46-2-13. Payment for property taken.
Whenever any property or estate or rights of property shall be taken under the provisions of § 46-2-12, the owner thereof, including all persons having property rights therein, shall be paid therefor according to their respective interests, by the city or town taking the same.
History of Section.
P.L. 1956, ch. 3662, § 2; G.L. 1956, § 46-2-13.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-14. - Filing of plat and certificate — Notice to owners.

§ 46-2-14. Filing of plat and certificate — Notice to owners.
The city or town, taking any property, estate, or right of property under the provisions of §§ 46-2-12 — 46-2-26, shall first cause a plat with a description thereof to be made, which, with a certificate of the taking of the same, shall contain a list of the owners thereof and of the persons interested therein, so far as the same may be known to the town or city taking the same, and which shall be filed in the office of the clerk of the superior court for the county where the property or estate is located; and upon the filing of the certificate, the taking shall thereupon become forthwith effective and the clerk shall forthwith issue a notice to the several persons named therein which shall contain the substance of the certificate, and also a notice of a time and place when the persons may appear in the court and be heard in reference to the question of the damages sustained by reason of the taking; and the clerk shall, for four (4) successive weeks thereafter, cause to be advertised in each issue of some newspaper published in the county a copy of the notice, requiring all persons interested in the premises to appear at said time and place, if they see fit, to be heard in the premises. The personal notice upon known parties shall be served as soon as may be, and at least twenty (20) days before the time of the hearing, by some officer authorized to serve process or by some disinterested person.
History of Section.
P.L. 1956, ch. 3662, § 3; G.L. 1956, § 46-2-14.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-15. - Appraisal and award of damages.

§ 46-2-15. Appraisal and award of damages.
At the time mentioned in the notice given under the authority of § 46-2-14, or at such adjournment from that time as the court shall order, the court shall appoint three (3) suitable persons to be commissioners to appraise the damages sustained by any person whose property, estate, or rights of property shall have been taken for either or any of the purposes authorized in § 46-2-12; the commissioners, after being duly sworn to the faithful discharge of their trust and giving due notice to the parties in interest, shall proceed to hear the parties with their allegations and proofs, and to examine the premises, and shall make up and return their award in the premises to the clerk of the superior court from which they received their appointment, with their fees marked thereon, which fees, being first allowed by the court, shall be forthwith paid by the town or city taking the property, estate, or rights of property embraced in the award.
History of Section.
P.L. 1956, ch. 3662, § 4; G.L. 1956, § 46-2-15.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-16. - Examination of commissioners’ report — Jury trial on damages — Costs.

§ 46-2-16. Examination of commissioners’ report — Jury trial on damages — Costs.
The clerk of the superior court shall open the report of the commissioners, and the report may be examined by any person interested therein; and any person or party aggrieved by any award of damages by the commissioners may claim a jury trial upon any item of damages thereby awarded, and may file his or her claim for the trial at any time within three (3) months from the opening of the report; and the claim shall stand for trial by jury as other cases upon the docket of the court, and shall be tried therein in every respect as other cases are there tried, including the right to except to rulings and to apply for new trials for cause; and execution may be awarded thereon as in other cases; but if the party claiming the jury trial shall not therein obtain an award for damages more favorable to him or her than that given by the commissioners, that party shall pay costs to the city or town.
History of Section.
P.L. 1956, ch. 3662, § 5; G.L. 1956, § 46-2-16.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-2 - Federal Navigation and Flood Control Projects › Section 46-2-17. - Amendment of proceedings.

§ 46-2-17. Amendment of proceedings.
Any proceeding in taking any property or estate or rights of property, or in claiming damages therefor, or other proceeding under the provisions of §§ 46-2-12 — 46-2-26, may at any stage of the proceeding, with the leave of the court, be amended upon such terms and conditions as to the court may appear to be just and proper.
History of Section.
P.L. 1956, ch. 3662, § 6; G.L. 1956, § 46-2-17.