Is Recent CRMC Decision the Slap that Awakens RI Legislature? - Ruggiero
Monday, March 27, 2023
Rhode Island state law is clear that “large-scale filling projects with 25 or more acres for any lease of tidal lands, or license to use those lands” requires General Assembly approval.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTLast December, the Coastal Resource Management Council approved the application for transmission lines crucial to the development of the Revolution Wind project. The cables will run under submerged state waters to Quonset Point, traveling through over 3,600 acres, well above the 25 acres that trigger legislative oversight.
The CRMC Study Commission did yeoman’s work last year as we listened to hundreds of hours of testimony. We provided thoughtful and comprehensive long-term and short-term recommendations. It should be required reading for every state legislator because it’s a blueprint for reforming the politically appointed Coastal Resource Management Council.
The Rhode Island legislature created the Coastal Resource Management Council as a result of the 1972 federal Coastal Zone Management Act (CZMA). It’s a balancing act, protecting coastal resources with economic, recreational and cultural needs. Rhode Island is one of 34 states that participate in the CZMA, administered by the National Oceanic and Atmospheric Administration under U.S. Commerce. Fifty percent of CRMC’s budget, $2.5 million, comes from federal CZMA grants.
The work of the CRMC has changed dramatically over the decades, including implementing the Act on Climate, regulating a growing aquaculture industry in salt ponds along our coastline, and permitting offshore wind projects.
The recommendations of the CRMC Study Commission included hiring a hearing officer, written into the 2022-2023 state budget last July. The governor still has not appointed a hearing officer to the CRMC. This is important because permitting and enforcement cases should be heard before a hearing officer and not the politically appointed council – especially since the CRMC hasn’t always been able to convene a quorum, postponing meetings and decisions.
There are a number of legislators who are taking up some of the policy recommendations from the CRMC Study Commission in the form of legislation- including a bill that calls for a full-time CRMC attorney so there’s not a conflict of interest with a part-time private attorney; another that requires the governor to appoint a hearing officer within 60 days; and legislation to change the role of the council from a decision-making body to one with an advisory role.
There have been many flawed decisions by this politically appointed council – from the Champlin’s decision overturned by the R.I. Supreme Court to construction of private residences against the recommendations of the professional staff.
The council members are politically appointed volunteers who are not required to have any expertise in environmental or coastal matters. Yet, they are shaping the future of our state’s coastal resources and impacting communities.
Now they’ve really done it. The council has amended the motion recommended by its staff by removing any General Assembly oversight in approving the lease of the seabed cable routes for the Revolution Wind Project. This is the public’s interest, requiring transparency and oversight.
This latest CRMC decision is a slap in the face to the legislature and should finally awaken the sleeping giant. Decades of questionable, politically motivated actions affecting coastal development have created plenty of appetite for CRMC reform among those concerned about our coastal resource. It may be this affront to the General Assembly’s authority and the public’s right to accountability that finally achieves those reforms; and this egregious overreach will, paradoxically, serve our state well.
Deborah Ruggiero is a former 14-year state representative (Jamestown/Middletown) and chairwoman of the CRMC Study Commission.
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