House panel releases recommended changes to CRMC

An R.I. House study commission on Wednesday issued a report outlining a host of short and long-term changes to the R.I. Coastal Resources Management Council. /PBN FILE PHOTO/CASSIUS SHUMAN

PROVIDENCE – The R.I. Coastal Resources Management Council needs more staff and stricter guidelines around who can serve, and for how long, on its appointed decision-making panel.

These were among the immediate changes recommended by commission of state lawmakers and community representatives in a report published on Wednesday. The 17-page document recaps the work of the Special House Legislative Commission to
Study the Effects and Procedures for the Reorganization of the Rhode Island Coastal
Resources Management Council and recommends a mix of short and long-term fixes aimed at addressing concerns with the state’s coastal regulators.

The CRMC has been clouded by controversy in recent years, both for contested decisions such as the proposed expansion of Champlin’s Marina on Block Island, and for its structure, which some say gives too much power to inexperienced, politically motivated council members rather than relying on a staff of experts.

But a complete overhaul of the 50-year-old rulebook governing the council may be too much to achieve all at once, according to R.I. Rep. Deborah Ruggiero, D-Jamestown, who chaired the study commission.

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Ruggiero in an April commission meeting urged fellow members to focus on a set of short-term updates that she believes can be achieved before the 2022 legislative session ends – either as part of Gov. Daniel J. McKee’s fiscal 2023 budget or through legislation.

“The recommendations ensure that decisions made by CRMC are in sync with our state and local efforts concerning development and conservation,” Ruggiero said in a statement. “This is not the end of the conversation; it is only the beginning. The study commission has elevated the conversation about the CRMC to a new height, setting the groundwork for short-term and long-term legislative changes for this year and many years to come.”   

The commission’s report outlines seven short-term recommendations, including stricture guidelines for who can serve on the council and how they get appointed. The commission recommended limiting the nine appointed council members to a maximum of three, three-year terms with preference given to those with qualifications in ocean engineering, coastal planning, marine science and industry, and town planning and zoning board members. The recommendations also call for the governor and R.I. Senate to fill open seats within six months, noting that the current council has suffered from canceled meetings due to three open positions, and that all but one of its current members’ appointments have lapsed.

Hiring more employees – including a designated staff attorney and a full-time hearing officer to hear contested permit and enforcement cases – are also among the short-term recommendations that can be achieved using the existing CRMC budget. State law calls for the CRMC to have two full-time hearing officers, yet that has never happened in the 50 years since the group was formed, according to the report.

In the long term, the commission also recommended making the CRMC’s executive director and hearing officer the primary decision-makers on permits and appeals, turning the council from a voting body into an advisory role akin to the structure within the R.I. Department of Environmental Management. Environmental advocates such as Save the Bay Inc. have pushed for this as a way to take politics out of the process and give more power to the nationally renowned staff. Ruggiero has also said she was open to the idea but warned it was a “heavy lift” that might prove difficult to achieve since the National Oceanic and Atmospheric Association will also need to approve those changes.

Other long-term recommendations included making the executive director position a six-year, gubernatorial appointment, with the director reporting to the governor rather than the council, and separating advocacy of aquaculture from the permitting and enforcement side.

The full report is available online.

Nancy Lavin is a PBN staff writer. You may reach her at Lavin@PBN.com.

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