§ 23-19.7-6 - Local assessment committees – Constitution, powers, and duties.
SECTION 23-19.7-6
§ 23-19.7-6 Local assessment committees– Constitution, powers, and duties. – (a) For purposes of negotiating siting and impact agreements, local assessmentcommittees shall be constituted by host and any neighboring communities nolater than forty-five (45) days after the issuance of necessary state permitsfor construction or substantial alteration of a hazardous waste managementfacility under the provisions of the Hazardous Waste Management Act, chapter19.1 of this title. The committee shall consist of no less than five (5) normore than nine (9) members, including the chief executive officer, the city ortown council president, or if either the council president is the chiefexecutive officer or chooses not to serve on the local assessment committee,another member of the council chosen by the council, the chairperson of theplanning commissions, and not less than two (2) public members appointed by thechief elected official, at least one of whom shall be knowledgeable inenvironmental matters by reason of training or experience.
(b) The local assessment committee shall have the followingpowers and duties:
(1) To establish any rules and procedures that may benecessary to carry out its function and perform its duties;
(2) To represent generally the best interest of the communityin all negotiations with the developer of a proposed hazardous waste facility;
(3) To negotiate with the developer the detailed terms,provisions, and conditions of a siting or impact agreement to protect thepublic health, the public safety, and the environment of the community, and topromote the fiscal welfare of the community through special benefits andcompensation;
(4) To conduct a public hearing or hearings for the purposeof soliciting public comments on any proposed siting or impact agreement priorto entering into this agreement on behalf of the community;
(5) To enter into a contract subject to ratification of thelocal legislative body where required by ordinance, charter, or the publiclaws, binding upon the community, and enforceable against the developer and thecommunity in any court of competent jurisdiction notwithstanding any charterprovision or public law, the town council of any town or the city council ofany city may require by ordinance that any siting or impact agreement contractnegotiated with a developer shall be subject to council ratification;
(6) To expend funds received from the developer, any federalor state grants, and any other funds as the host community may appropriate topay costs incurred by the committee for participation in the hazardous wastemanagement facility siting process established by this chapter.