Save The Bay’s 2023 Legislative Wrap-up

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Save The Bay’s 2023 Legislative Wrap-up

by Topher Hamblett, interim executive director and director of advocacy

The 2023 R.I. General Assembly session is in the books, and it was a great one for the Narragansett Bay watershed and the public’s right to access along the shore. While efforts to reform the structure of the Coastal Resources Management Council (CRMC) came up short, momentum for change is stronger than ever. Here’s a breakdown of these and other priority issues.

CRMC Reform

Hopes of major reforms to make the Coastal Resources Management Council more accountable, transparent and effective were dashed late in the session’s end. To their credit, Senators Victoria Gu and Alana DiMario, and Representatives Teresa Tanzi, Jason Knight and Art Handy all introduced legislation that, collectively, removed the all-volunteer council from decision-making and replaced it with a citizens advisory committee and provided a full-time staff attorney and full hearing officer to address long-standing concerns about conflicts of interest. 

We are, nonetheless, heartened by the growing support for fundamental change of RI’s coastal agency, and will be back at it 2024! 

Additional CRMC Issues at the Assembly

  • There was some legislation related to CRMC that gained traction late in the session, including a bill requiring the Governor (rather than the volunteer council members) to appoint – and Senate confirm – the executive director of CRMC. Unfortunately, the director will still report to the Council, whose recent decisions and procedural moves have been a lightning rod for controversy.
  • While the Governor won the approval of 2 new Council members, two of nine appointed Council seats remain vacant, leaving the body challenged to achieve its required meeting quorum of six.
  • The Governor also nominated a part-time hearing officer to hear some contested cases, but that appointment reached the full Senate on the final day of the session, without vetting through a committee hearing.
  • Finally, following the Council’s December 2022 decision to bypass the General Assembly in setting lease fees approved for the Revolution Wind’s offshore wind energy cables, the Assembly passed legislation setting a minimum $2 million fee for the project.

Read Save The Bay’s complete case for CRMC reform on page 12 of our Spring 2021 issue of Tides Magazine.

Shoreline Access

The R.I. General Assembly and shoreline access advocates achieved a historic victory by passing legislation clarifying where we, the people, can exercise our constitutional rights to enjoy the shore. H 5174 Sub A and S 417 Sub-A, signed into law by Governor McKee, define the “shoreline” as the area 10 feet inland from the recognizable high tide line (the most seaward rackline, or seaweed line). A 1982 R.I. Supreme Court decision used the “mean high water mark” – or the average high tide line over an 18 ½ year period – an impossible location to identify or understand. The new law creates welcome clarity for beachgoers and property owners alike. 

A big Save The Bay shoutout Rep. Terri Cortvriend, who chaired the House study commission whose recommendations are the foundation of the bill, and Sen. Mark McKenney, who served and played a pivotal role on the Commission and was the Senate’s leading champion for passage. We also thank Speaker Joe Shekarchi, who formed the commission, appointed its members, and remained committed to seeing legislation to restore our shoreline rights through. And, we thank Senate President Dominic Ruggerio for ensuring that the Senate fully vetted the issue, gave it fair hearing, and had a positive impact on the final bill.

This historic achievement is also the result of years work by our fellow advocates: the Backcountry Hunters & Anglers and their New England Chapter chairman, Mike Woods; Friends of the Waterfront; The Narragansett Indian Tribe, RI Saltwater Anglers Association, Clean Ocean Access, Saving RI Coastal Access/Rights of Way, RI Environmental Education Association; American Saltwater Guides Association; the Saltwater Edge; and, last but not least, attorneys Dennis Nixon, Michael Rubin & Sean Lyness. 

Solar Siting Reform

The General Assembly made a major pivot in climate policy by passing bills that replace incentives for clear-cutting forests for large-scale solar energy with incentives that encourage developers to place solar infrastructure in already-developed areas of the state. While the rapid development of renewable energy is a key strategy in combating climate change, protecting “core forests”—the large, unfragmented areas that make up 58 percent of the state’s forested land—is also essential for Rhode Island’s long-term environmental resiliency. The forests of the Narragansett Bay and Little Narragansett Bay watersheds are home to freshwater wetlands, birds, and fish, and help keep habitats and wildlife cool as temperatures rise. 

Kudos to Rep. June Speakman for championing H 5853 Sub A and Sen. Alana DiMario for winning Senate support for S 684 Sub A. These bills were complex and years in the making. And shoutouts are in order to The Nature Conservancy – RI and The Audubon Society of RI for their great work on behalf of Rhode Island’s forests, for leading a diverse coalition that included the RI Land Trust Council, Save The Bay, IBEW Local 99, RI AFL-CIO, Revity Energy, LLC, and Climate Jobs RI.

Beyond these priorities, Save The Bay supported a range of additional environmental legislation, including in the following areas: 

  • Reducing Plastics Pollution 
    • Legislation aimed at curbing plastics pollution of our shorelines, parks and streets (the “Bottle Bill”) did not cross the finish line in 2023, but not for lack of effort by legislators—including lead sponsors Rep. Carol Hagan McEntee and Sen. Bridget Valverde—and advocates who supported a bottle deposit bill. Progress was made, however, with the passage of H 5502 Sub A, which establishes a “joint legislative study commission to study and provide recommendations to protect our environment and natural resources from plastic bottle waste.” Among the members appointed to the commission are Clean Water Action RI, Audubon Society of RI and Save The Bay. The Commission is required to make its recommendations by June 10, 2024. A tip of the Save The Bay hat to Clean Water Action RI, Just Zero, Friends of the Saugatucket and the many advocacy groups who turned out in force for committee hearings, press events, and mobilized volunteers!
    • The Assembly did pass bills prohibiting the use of polystyrene containers by restaurants (but not nursing homes, farmers’ markets, or community organizations that provide food without charge). Thanks to Rep. David Bennett, sponsor of H 5090 Sub A and Sen. Josh Miller, sponsor of S 14 Sub A, for leading Rhode Island to its first important steps towards protecting Rhode Islanders’ health by eliminating polystyrene products from the food service industry. 
  • Environmental Justice
    • Save The Bay supported legislation requiring companies that propose pollution-emitting facilities in environmental justice communities to assess the cumulative impacts of pollution, and conduct a more rigorous siting process, fell short. S 770 (Sen. Dawn Euer) passed the Senate, but H 6196 (Rep. Karen Alzate) did not muster enough support to pass the House. We expect the legislation to be re-introduced in 2024, and look forward to working with environmental justice communities and advocates at making progress toward improving the environmental health of these overburdened communities. 

While we’re pleased with the progress made this session, the ball must keep rolling! If you haven’t yet, please consider signing up for our Action Alerts to receive important updates and easy-to-use guidance on communicating with your elected officials when legislative issues emerge. Thanks for adding your voice to the call to protect Narragansett Bay!