Politics & Government

Serpa Legislation Will Establish Statewide Wetlands, Septic Disposal Standards

Governor Lincoln Chafee recently affixed his signature to legislation that will move the state toward a consistent single set of environmental standards for wetlands and septic systems, while allowing local input to environmental policy decisions. 

Passed in concurrence in June by the House of Representatives was 2013-S 0672A, sponsored by Sen. Erin P. Lynch (D-Dist. 29, WarwickCranston), as well as an identical House bill,  2013-H 5425A, sponsored by Rep. Patricia A. Serpa (D-Dist. 27, West Warwick, Coventry, Warwick), which was approved by the Senate before being transmitted to the governor.

The Senate bill is part of the “Moving the Needle” package of legislation aimed at improving the state’s business climate. Similarly, the House bill is a part of that chamber’s package of economic development bills for this session.

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Under former law, the director of the Department of Environmental Management (DEM) is responsible for regulating septic systems, alternations of freshwater wetlands and other activities that may impact waters of the state. The Coastal Resources Management Council (CRMC) is responsible for regulating alteration of freshwater wetlands in the vicinity of the coast and other activities that impact coastal resources.

“The standards that will eventually be established under this legislation will be a very significant aspect of the Senate’s overall efforts to make Rhode Island a business-friendly state,” said Sen. Lynch. “Uniformity is important for businesses thinking about moving into Rhode Island and this legislation, and the work of the task force it creates, will move us toward that goal.”

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In addition, many municipalities have implemented stricter setback and septic disposal standards to increase protection of local environmental resources such as groundwater, coastal and freshwater wetlands, rivers, streams and drinking supplies.

“As a result, dissimilar municipal standards and the lack of a uniform process result in burdens for businesses and property owners,” said Rep. Serpa. “Clear, predictable and reliable standards are needed to foster a business climate that will grow our economy while ensuring the protection of our natural resources.”

The legislation calls on the Division of Planning to establish a task force to prepare and submit to the governor and General Assembly leaders, by December 31, 2014, a report based on current science, water resources and wetlands protection needs that addresses onsite wastewater treatment systems regulation and watershed planning. The report will make recommendations that ensure the protection of the state’s natural resources while balancing the need for economic development.

Based on that report, legislation establishing statewide standards would be introduced by January, 2015, for legislative action.

The members of the task force preparing the report would include, under the legislation, the director of the DEM; the director of the Office of Regulatory Reform; the executive director of the CRMC; representatives of an environmental entity and a builders’ trade association; at least two municipal representatives; at least two representatives of the business community; at least one civil engineer or one environmental engineer with experience in onsite wastewater treatment systems and wetlands regulation, and one wetlands biologist.

The important end result, said the two sponsors, is consistency across the state. The legislation is a response to the concerns of the business community, which presently must contend with differing standards in different communities throughout the state.

Co-sponsors of the Lynch bill are Senate President M. Teresa Paiva Weed (D-Dist. 13, NewportJamestown), Senate Majority Leader Dominick J. Ruggerio (D-Dist. 4, Providence, North Providence), Sen. Donna M. Nesselbush (D-Dist. 15,Pawtucket, North Providence) and Sen. Elizabeth A. Crowley (D-Dist. 16, Central FallsPawtucket).

Co-sponsors of the Serpa bill are Rep. Deborah A. Fellela (D-Dist. 43, Johnston), Rep. Jared R. Nunes (D-Dist. 25,Coventry, West Warwick), Rep. K. Joseph Shekarchi (D-Dist. 23, Warwick) and Rep. Michael W. Chippendale (R-Dist. 40, Foster, Glocester, Coventry). 


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