(a)  There is hereby created a commission known as the derelict and abandoned vessel and obstruction removal commission which shall consist of five (5) members as follows:

(1)  One member who shall be engaged in the marine trades industry, to be appointed by the governor with advice and consent of the senate;

(2)  One member who shall represent a private, nonprofit environmental advocacy organization whose purposes include protecting and preserving Narragansett Bay, to be appointed by the governor with advice and consent of the senate;

(3)  One member who shall be a municipal harbormaster, to be appointed by the governor with advice and consent of the senate;

(4)  The director of the department of environmental management or his or her designee; and

(5)  The executive director of the coastal resources management council or his or her designee.

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Terms Used In Rhode Island General Laws 46-6-10.2

  • Abandoned vessel: means a vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of, the owner, manager, or lessee of the submerged lands or waters below or on which the vessel is located for more than forty-five (45) consecutive days or for more than a total of ninety (90) days in any three hundred sixty-five (365) day period, and the vessel's owner is: (i) Not known or cannot be located; or (ii) Known and located but is unwilling to take control of the vessel. See Rhode Island General Laws 46-6-8.1
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Department: means the department of environmental management. See Rhode Island General Laws 46-6-8.1
  • Director: means the director of the department of environmental management. See Rhode Island General Laws 46-6-8.1
  • Obstruction: means any unlawful or unauthorized structure or thing that is deposited or suffered to be or remain in the tidal waters or upon the tidal lands of the state, and in the judgment of the director, is, or is liable to cause or become an obstruction to the safe and convenient use of the waters and submerged lands of the state for navigation and other lawful purposes. See Rhode Island General Laws 46-6-8.1
  • Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Rhode Island General Laws 46-6-8.1

(b)  The chairperson shall be elected by the members of the commission.

(c)  The members appointed by the governor shall serve three (3) year terms, and be eligible for re-appointment.

(d)  The purpose of the commission shall be to prioritize the disbursement of funds from the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3.

(e)  The commission shall be advisory to the director and shall provide recommendations to the director for fund disbursement.

(f)  The commission shall develop criteria, in the form of guidelines, to prioritize removal projects undertaken pursuant to this chapter, and in accordance with the use of the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3. The guidelines shall also include guidance to the authorized public entities as to what removal activities and associated costs are reasonable and eligible for coverage by the fund. The director shall review and approve, approve with conditions, or reject these guidelines within thirty (30) days of receipt. The commission may seek to revise the guidelines at any time, by submitting such revisions to the director for review and approval. The guidelines shall be made publicly available.

History of Section.
P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.