§ 42-111-1 - Compact.
SECTION 42-111-1
§ 42-111-1 Compact. – The Bay State – Ocean State Compact is enacted into law and entered intoby this state with all states legally forming therein in the form substantiallyas follows:
ARTICLE I PURPOSE AND POLICY
A. It is the purpose of this compact to:
1. Establish and maintain close cooperation and understandingamong executive, legislative, professional, educational and lay leadershipbasis at the state and local levels.
2. Enhance the economic and environmental qualities of thebays system.
3. Provide a forum for the discussion, development,crystallization and recommendation of public policy alternatives in the fieldof environmental and economic aspects of Narragansett Bay and Mount Hope Bay.
4. Provide a clearing house of information on mattersrelating to the problems of the bays systems and how they are being met indifferent places, so that the legislative branch of state government may haveready access to the experience and record of the compact members and so thatboth lay and professional groups in this field may have additional avenues forthe sharing of experience and interchange of ideas in the formation of thispublic policy.
5. Facilitate the improvement of state and local systems sothat all of them will be able to meet adequate and desirable goals, whichrequire continuous advancement is related marine opportunities, methods andfacilities.
B. It is the policy of this compact to encourage and promotelocal and state initiative in the development, maintenance, improvement andadministration of bays systems in a manner, which will accord with the needsand advantages of diversity among localities and the states of Rhode Island andthe Commonwealth of Massachusetts.
C. The party states recognize that each of them has aninterest in the water quality in the other states, as well as in its own marinesystem.
ARTICLE II STATE DEFINED
As used in the compact, "state" means state of Rhode Islandor the Commonwealth of Massachusetts.
ARTICLE III THE COMMISSION
A. The commission of the states, hereinafter called "thecommission", is hereby established. The commission shall be comprised ofseventeen (17) members, eight (8) members from Rhode Island, eight (8) membersfrom Massachusetts and one member being the northeast regional director of theEnvironmental Protection Agency or his/her designee. The Rhode Island membersshall be the governor or his/her designee, two (2) senators chosen by thepresident of the senate, one senator chosen by the senate minority leader, two(2) members of the house of representatives chosen by the speaker of the house,one member of the house of representatives chosen by the house minority leader,and one member or other citizen of Rhode Island chosen jointly by the presidentof the senate and the speaker of the house. The Massachusetts membership shallbe chosen by the Massachusetts Great and General Court. The members of thecommission shall be uncompensated and serve for a term of two (2) years.
B. The members of the commission shall be entitled to onevote each on the commission. No action of the commission shall be bindingunless taken at a meeting at which a majority of the total number of votes onthe commission are cast in favor thereof. Action of the commission shall beonly at a meeting at which a majority of the commissioners are present. Thecommission shall meet at least once a year. In its bylaws, and subject to suchdirections and limitations as may be contained therein, the commission maydelegate the exercise of any of its powers to the executive committee or theexecutive director, except for the power to approve budgets or requests forappropriations, the power to make policy recommendations pursuant to articleIII (J).
C. The commission shall have a seal.
D. The commission shall elect annually, from among itsmembers, a chairperson, a vice chairperson and a treasurer. The commission mayprovide for the appointment of an executive director. Such executive directorshall serve at the pleasure of the commission, and together with the treasurerand such other personnel as the commission may deem appropriate shall be bondedin such amount as the commission shall determine. The executive director shallbe secretary.
E. Irrespective of the civil service, personnel or othermerit system laws of any of the party states, the executive director subject tothe approval of the executive committee appoint, remove or discharge suchpersonnel as may be necessary for the performance of the functions of thecommission, and fix the duties and compensation of such personnel. Thecommission in its bylaws shall provide for the personnel policies and programsof the commission.
F. The commission may borrow, accept or contract for theservices of personnel from any party jurisdiction, the United States, or anysubdivision or agency of the aforementioned governments, or from any agency oftwo (2) or more of the party jurisdictions or their subdivisions.
G. The commission may accept for any of its purposes andfunction under this compact any and all donations, and grants of money,equipment, supplies, materials, and services, conditional or otherwise, fromany state, United States, or any other governmental agency, or from any person,firm, association, foundation, or corporation, and may receive, utilize anddispose of the same. Any donation or grant accepted by the commission pursuantto this paragraph or services borrowed pursuant to paragraph (F) of thisarticle shall be reported in the annual report of the commission. Such reportshall include the nature, amount and conditions, if any, of the donation,grant, or services borrowed, and the identity of the donor or lender.
H. The commission may establish and maintain such facilitiesas may be necessary for the transacting of its business. The commission mayacquire, hold, and convey real and personal property and any interest therein.
I. The commission shall adopt bylaws for the conduct of itsbusiness and shall have the power to amend and rescind these bylaws. Thecommission shall publish its bylaws in convenient form and shall file a copythereof and a copy of any amendments thereto, with the appropriate agency orofficer in each of the party states.
J. The commission annually shall make to the governor andlegislature of each party state a report covering the activities of thecommission for the preceding year. The commission may make such additionalreports as it may deem desirable.
ARTICLE IV POWERS
In addition to authority conferred on the commission by otherprovisions of the compact, the commission shall have authority to:
1. Collect, correlate, analyze and interpret information anddata concerning needs and resources.
2. Encourage and foster research in all aspects ofNarragansett Bay and Mount Hope Bay, but with special reference to thedesirable scope of environmental and economic aspects.
3. Develop proposals for adequate financing of the compact asa whole and at each of its many levels.
4. Conduct or participate in research of the types referredto in this article in any instance where the commission finds that suchresearch is necessary for the advancement of the purposes and policies of thiscompact, utilizing fully the resources of national associations, regionalcompact organizations, and other agencies and institutions, both public andprivate.
5. Formulate suggested policies and plans for the improvementof Mount Hope Bay as a whole, or for any segment thereof, and makerecommendations with respect thereto available to the appropriate governmentalunits, agencies and public officials.
6. Do such other things as may be necessary or incidental tothe administration of any of its authority or functions pursuant to thiscompact.
ARTICLE V COOPERATION WITH FEDERAL GOVERNMENT
A. If the laws of the United States specifically so provide,or if administrative provision is made therefor within the federal government,the United States shall be represented on the commission by the northeastregional executive director of the Environmental Protection Agency or his/herdesignee. Such representative or representatives of the United States shall beappointed and serve in such manner as may be provided by or pursuant to federallaw.
B. The commission may provide information and makerecommendations to any executive or legislative agency or officer of thefederal government concerning the common policies of the member states, and mayadvise any such agencies or officers concerning any matter of mutual interest.
ARTICLE VI COMMITTEES
A. To assist in the expeditious conduct of its business whenthe full commission is not meeting, the commission shall elect an executivecommittee of five (5) members which, subject to the provisions of this compactand consistent with the policies of the commission, shall be constituted andfunction as provided in the bylaws of the commission. A federal representativeon the commission may serve with the executive committee, but without vote. Thevoting members of the executive committee shall serve for terms of two (2)years, except that members elected to the first executive committee of thecommission shall be elected as follows: one for one year and one for two (2)years. The chairperson, vice chairperson, and treasurer of the commission shallbe members of the executive committee and, anything in this paragraph to thecontrary notwithstanding, shall serve during their continuance in theseoffices. Vacancies in the executive committee shall not affect its authority toact, but the commission at its next regularly ensuing meeting following theoccurrence of any vacancy shall fill it for the unexpired term. No person shallserve more than two (2) terms as a member of the executive committee: providedthat service for a partial term of one year or less shall not be counted towardthe two (2) term limitation.
B. In addition there shall be an advisory board. This board,selected by the commission, shall be comprised of a minimum of eight (8)members whose term of service shall be for one year. The guiding principle forthe composition of the membership on the advisory board of each party stateshall be that the members representing such state shall, by virtue of theirtraining, experience, knowledge or affiliations be in a position collectivelyto reflect broadly the interests of the state government, marine trades, waterquality and environmental standards.
C. The commission may establish advisory and technicalcommittees composed of state, local, and federal officials, and private personsto advise it with respect to any one or more of its functions. Any advisory ortechnical committee may, on request of the states concerned, be established toconsider any matter of special concern to the state of Rhode Island and theCommonwealth of Massachusetts.
D. The commission may establish such additional committees asits bylaws may provide.
ARTICLE VII FINANCE
A. The commission shall not pledge the credit of any partystates. The commission may meet any of its obligations in whole or in part withfunds available to it pursuant to article III(G) of this compact, provided thatthe commission takes specific action setting aside such funds prior toincurring an obligation to be met in whole or in part in such manner. Exceptwhere the commission makes use of funds available to it pursuant to articleIII(G) thereof, the commission shall not incur any obligation prior to theallotment of funds by the party states adequate to meet the same.
B. The commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the commissionshall be subject to the audit and accounting procedures established by itsbylaws. However, all receipts and disbursements of funds handled by thecommission shall be audited yearly by a qualified public accountant, and thereport of the audit shall be included in and become part of the annual reportsof the commission.
C. The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers of the party statesand by any persons authorized by the commission.
D. Nothing contained herein shall be construed to preventcommission compliance with laws relating to audit or inspection of accounts byor on behalf of any government contributing to the support of the commission.
ARTICLE VIII ELIGIBLE PARTIES: ENTRY INTO ANDWITHDRAWAL
A. This compact shall have as eligible parties the state ofRhode Island and the Commonwealth of Massachusetts.
B. Adoption of the compact may be either by enactmentthereof, or by adherence thereto by the governor; provided, that in the absenceof enactment, adherence by the governor shall be sufficient to make his state aparty only until December 31, 1991.
C. Except for withdrawal effective on December 31, 1991, inaccordance with paragraph B of this article, any party state may withdraw fromthis compact by enacting a statute repealing the same, but no such withdrawalshall take effect until one year after the governor of the withdrawing statehas given notice in writing of the withdrawal to the governor of the otherparty state. No withdrawal shall affect any liability already incurred by orchargeable to a party state prior to the time of such withdrawal.
ARTICLE IX CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuatethe purposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of either state or of the United States, or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate participating therein, the compact shall remain in full force and effectas to the state affected as to all severable matters.