§ 46-28-7. Powers and duties.
The council shall have the following powers:
(1) To be entitled to ask for and receive from any commission, board, officer, or agency
of the state such information, cooperation, assistance, and advice as shall be reasonable
and proper in view of the nature of said functions;
(2) To assess, evaluate and coordinate with federal, regional and state agencies the current
programs and policies as they relate to efforts to clean up and preserve rivers and
watersheds throughout the state; and to participate in coordination mechanisms to
achieve systems level planning for the state;
(3) To prepare and recommend a rivers policy for the state of Rhode Island for adoption
by the state planning council as a part of the state guide plan as described in §â€‚42-11-10(c)(7), as amended, following the procedures for notification and public hearing set forth
in §â€‚42-35-3, as amended. Said policy shall be consistent with federal water quality requirements
and shall give consideration to development, public or private, which has commenced
at the time of the adoption of a rivers policy. Such rivers policy shall treat rivers
as ecological systems;
(4) To prepare and recommend a plan for the classification of all rivers in the state
of Rhode Island for adoption by the state planning council as a part of the state
guide plan, following the procedures for notification and public hearing set forth
in §â€‚42-35-3, as amended. The classifications shall identify characteristics of water bodies beyond
their quality 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. The classification
plan shall be consistent with current water quality classifications adopted by the
department of environmental management. Such classification plan shall contain a minimum
of three (3) classes of rivers, including:
(A) Pristine rivers. Those rivers or sections of rivers that are free of impoundments and generally inaccessible
except by trail, with watersheds or shorelines essentially primitive and water relatively
unpolluted;
(B) Recreational rivers. Those rivers or sections of rivers that are readily accessible, that may have some
development along their shorelines and may have undergone some impoundment or diversion
in the past. These shall include sections of rivers along mill villages, but shall
not include sections where development may be characterized as urban; and
(C) Working rivers. Those rivers or sections of rivers that are readily accessible, that have development
along their shorelines, that have undergone impoundment or diversion, and where development
may be classified as urban.
In the classification of rivers, different sections of a single river may enjoy different
classifications as appropriate.
(5) To make findings and recommendations among state agencies and political subdivisions
by participating in administrative proceedings and by reporting to the governor regarding
disputes and conflicts on river and watershed issues;
(6) To make findings and recommendations to state agencies and political subdivisions
regarding measures necessary to protect river quality and to promote river uses consistent
with the state's river policy and river classification plan;
(7) To formally recognize and to provide grants to local watershed councils;
(8) To foster public involvement in river planning and decision-making processes by;
(i) Conducting public education programs about rivers and watersheds;
(ii) Promoting public access to and use of rivers, as appropriate;
(iii) Holding informal workshops prior to the adoption of:
(A) The state's rivers policy;
(B) The state's river classification plan or any portion thereof 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 watershed councils to participate in watershed
planning.
(9) To recommend programs, policies and proposals to the governor, the speaker of the
house and the president of the senate;
(10) Establish subcommittees as may be needed to carry out the purpose of this chapter;
(11) To promulgate regulations and procedures as may be needed to issue grants and approve
watershed action plans, including rules requiring notice by state or city and town
agencies to local watershed councils regarding proposed actions pertaining to projects,
developments and activities located wholly or partially within the watershed represented
by the local watershed council;
(12) To apply for and accept grants, donations, loans of funds, and contributions of money,
services, materials or otherwise from any federal, state or local agency, from any
public or private foundation, or individual or from any other source, in order to
carry out the purposes of this chapter; and
(13) To conduct a training course for newly appointed and qualified members of the council
and new designees of ex officio members within six (6) months of their qualification
or designation. The course shall be developed by the chair of the council, approved
by the council and conducted by the chair of the council. The council may approve
the use of any council or staff members or other individuals to assist with training.
The course shall include 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 and regulations.
The director of the department of administration shall, within ninety (90) days of
the effective date of this act [April 20, 2006], prepare and disseminate training
materials relating to the provisions of chapters 42-46, 36-14 and 38-2.