§ 46-28-7 - Powers and duties.
SECTION 46-28-7
§ 46-28-7 Powers and duties. – The council shall have the following powers:
(1) To be entitled to ask for and receive from anycommission, board, officer, or agency of the state such information,cooperation, assistance, and advice as shall be reasonable and proper in viewof the nature of said functions;
(2) To assess, evaluate and coordinate with federal, regionaland state agencies the current programs and policies as they relate to effortsto clean up and preserve rivers and watersheds throughout the state; and toparticipate in coordination mechanisms to achieve systems level planning forthe state;
(3) To prepare and recommend a rivers policy for the state ofRhode Island for adoption by the state planning council as a part of the stateguide plan as described in § 42-11-10(c)(7), as amended, following theprocedures for notification and public hearing set forth in § 42-35-3, asamended. Said policy shall be consistent with federal water qualityrequirements and shall give consideration to development, public or private,which has commenced at the time of the adoption of a rivers policy. Such riverspolicy shall treat rivers as ecological systems;
(4) To prepare and recommend a plan for the classification ofall rivers in the state of Rhode Island for adoption by the state planningcouncil as a part of the state guide plan, following the procedures fornotification and public hearing set forth in § 42-35-3, as amended. Theclassifications shall identify characteristics of water bodies beyond theirquality to reflect their current or potential uses for drinking water sources,agricultural irrigation, industrial processes, including cooling water sources,water-based recreation, aquatic habitat, aesthetic enhancement, and others. Theclassification plan shall be consistent with current water qualityclassifications adopted by the department of environmental management. Suchclassification plan shall contain a minimum of three (3) classes of rivers,including:
(A) Pristine rivers. Those rivers or sections ofrivers that are free of impoundments and generally inaccessible except bytrail, with watersheds or shorelines essentially primitive and water relativelyunpolluted;
(B) Recreational rivers. Those rivers or sections ofrivers that are readily accessible, that may have some development along theirshorelines and may have undergone some impoundment or diversion in the past.These shall include sections of rivers along mill villages, but shall notinclude sections where development may be characterized as urban; and
(C) Working rivers. Those rivers or sections of riversthat are readily accessible, that have development along their shorelines, thathave undergone impoundment or diversion, and where development may beclassified as urban.
In the classification of rivers, different sections of asingle river may enjoy different classifications as appropriate.
(5) To make findings and recommendations among state agenciesand political subdivisions by participating in administrative proceedings andby reporting to the governor regarding disputes and conflicts on river andwatershed issues;
(6) To make findings and recommendations to state agenciesand political subdivisions regarding measures necessary to protect riverquality and to promote river uses consistent with the state's river policy andriver classification plan;
(7) To formally recognize and to provide grants to localwatershed councils;
(8) To foster public involvement in river planning anddecision-making processes by;
(i) Conducting public education programs about rivers andwatersheds;
(ii) Promoting public access to and use of rivers, asappropriate;
(iii) Holding informal workshops prior to the adoption of:
(A) The state's rivers policy;
(B) The state's river classification plan or any portionthereof as provided for in subsection (d) of this section; and
(C) The establishment of any local watershed council; and
(iv) Providing technical assistance to local watershedcouncils to participate in watershed planning.
(9) To recommend programs, policies and proposals to thegovernor, the speaker of the house and the president of the senate;
(10) Establish subcommittees as may be needed to carry outthe purpose of this chapter;
(11) To promulgate regulations and procedures as may beneeded to issue grants and approve watershed action plans, including rulesrequiring notice by state or city and town agencies to local watershed councilsregarding proposed actions pertaining to projects, developments and activitieslocated wholly or partially within the watershed represented by the localwatershed council;
(12) To apply for and accept grants, donations, loans offunds, and contributions of money, services, materials or otherwise from anyfederal, state or local agency, from any public or private foundation, orindividual or from any other source, in order to carry out the purposes of thischapter; and
(13) To conduct a training course for newly appointed andqualified members of the council and new designees of ex officio members withinsix (6) months of their qualification or designation. The course shall bedeveloped by the chair of the council, approved by the council and conducted bythe chair of the council. The council may approve the use of any council orstaff members or other individuals to assist with training. The course shallinclude instruction in the following areas: the provisions of chapters 46-28,42-46, 36-14 and 38-2; and the council's operating procedures, rules andregulations. The director of the department of administration shall, withinninety (90) days of the effective date of this act [April 20, 2006],prepare and disseminate training materials relating to the provisions ofchapters 42-46, 36-14 and 38-2.