Title 46, Title 46 and Navigation

(a) Subject to the provisions of subsection (d) of this section, upon the written request of the agency, the state general treasurer shall pay to the agency, from time to time, from the proceeds of any bonds or notes issued by the state for the purposes of this chapter or funds o…

(a) Any local governmental unit, person or corporation may apply to the agency for financial assistance in accordance with this chapter to finance all or any part of the cost of a water pollution abatement project. The agency shall not award financial assistance to a local govern…

In addition to the financial assistance provided by the agency to local governmental units, persons or corporations for approved projects in accordance with this chapter, the department is hereby authorized to expend funds otherwise available for grants to local governmental unit…

The superior court shall have jurisdiction to enforce the provisions of this chapter. Venue shall exist in the county where the plaintiff is located or in Providence County, at the election of the plaintiff. A civil action may be instituted by the attorney general or by any perso…

The owner, operator, and/or his or her or its agent of any seagoing vessel, as defined in § 46-9-2, entering the waters or waterways of this state who shall violate the provisions of chapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have a licensed pilot on bo…

Any person who sustains personal injury, property damage, or economic loss as a result of the negligent act of any owner, operator, and/or his or her or its agent of any seagoing vessel as defined in § 46-9-2, entering the waters or waterways of this state, shall be entitled to m…

(a) A person shall be entitled to recover for economic loss, pursuant to §§ 46-12.3-2 and 46-12.3-3, if the person can demonstrate the loss of income or diminution of profit to a person or business as a result of damage to the natural resources of the state of Rhode Island caused…

(a) The attorney general may bring a civil action in superior court in the name of the state, as parens patriae on behalf of persons residing in this state, to secure monetary relief as provided in this chapter for injuries sustained by persons to their person, property, or econo…

If any provision of this chapter or the application thereof to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter and the application of the provisions to other persons, agencies, or circumstances shall not be …

The remedies provided for in this chapter are in addition to all other remedies available in law or in equity.

(a) Nothing in this chapter or any other provision of law shall be construed to hold persons, other than those responsible for the initial discharge, who render care, assistance or advice with respect to the discharge of petroleum or petroleum products into or on the waters of th…

(a) The owners, operators, and/or their agents of any tank vessel, as defined in 33 U.S.C. § 2701(34), which transports petroleum products for commercial purposes entering the waters or waterways of this state and transporting any petroleum product shall possess a valid certifica…

The legislature finds and declares that the release of oil or hazardous substances into the environment presents a real and substantial threat to the public health and welfare, to the environment, and to the economy of the state. The legislature therefore concludes that it is in …

(a) Any person may apply to the fund for compensation for damages and losses suffered as a result of an oil spill under any of the following conditions: (1) The responsible party or parties cannot be ascertained. (2) A responsible party is not liable for non-economic damages caus…

In the event of an oil spill where more than ten thousand (10,000) gallons of oil have been discharged in the waters of the state, in any one day from a single event, the director, after a properly noticed public hearing, may make an emergency secured loan to any private individu…

The attorney general, in consultation with the director, shall undertake actions to recover all costs to the funds from any responsible party for an oil spill into marine or estuarine waters for which expenditures are made from the fund. Payment of any claim or obligation from th…

(a) Recognizing the importance of the development of readiness and response programs, the legislature may allocate not more than two hundred fifty thousand dollars ($250,000) per annum of the amount then currently in the fund to be devoted to research and development in the cause…

(a) The director shall establish a disputed claims processing capability within the department to hear and determine claims filed under this chapter that are not agreed upon by the claimant and the director and any responsible party who has joined as an interested party. (b) An i…

(a) A fund is hereby established in the state general fund to be called the “oil spill prevention, administration, and response fund”. The fund shall assume the full contents of the fund previously known as the oils release response fund. The director shall continue to administer…

The fund shall consist of the following sources: (1) Sums the legislature may appropriate; (2) Moneys received from federal, state, or other sources for the purpose of response, containment, abatement, rehabilitation, and monitoring costs from an oil spill in marine or estuarine …

(a) A uniform oil spill response and prevention fee in an amount not exceeding five cents ($.05) for each barrel of petroleum products, as set by the director pursuant to subsection (d) of this section, shall be imposed upon every person owning petroleum products at the time the …

The director may use money from the fund to: (1) Provide funds to cover promptly the costs of response, containment, and cleanup of oil spills into marine or estuarine waters, including, but not limited to, damage assessment costs, and wildlife rehabilitation as defined in this s…

(a) The director shall administer the fund in accordance with this chapter. (b) The department shall develop procedures governing the expenditure of, and accounting for, money expended from the fund. (c) The director is responsible for insuring that there are adequate moneys avai…

(a) The director shall submit a report to the legislature not later than the tenth (10th) day following the convening of each regular session of the legislature. The report may include information considered significant by the director but must include: (1) The amount of money ex…

(a) The director may only expend money from the fund for post-spill activities when a discharge of oil has occurred, or the threat of a discharge has led the state to take appropriate response, or for pre-spill activities and research, development, and monitoring activities if th…

The director may adopt all rules and regulations necessary for the administration and enforcement of this chapter.

(a) It is hereby found that there exists and will in the future exist within the state of Rhode Island the need to construct and reconstruct facilities related to and acquire watershed protection land in connection with the provision of safe drinking water throughout the state of…

(a) Notwithstanding any general or special law to the contrary, local governmental obligations issued in accordance with this chapter may be secured by one or more trust agreements, including, or in addition to the applicable loan agreement, between the local governmental unit an…

(a) The agency may provide by resolution of the board of directors for the issuance, from time to time, of bonds, notes or any other evidences of indebtedness of the agency for any of its corporate purposes or for the borrowing of money in anticipation of the issuance of the bond…

The agency may issue refunding bonds for the purpose of paying any of its bonds issued pursuant to this chapter at or prior to maturity or upon acceleration or redemption or purchase and retirement. Refunding bonds may be issued at such times at or prior to the maturity, redempti…

Bonds issued by the agency under this chapter and local governmental obligations issued hereunder are hereby made securities in which all public officers and agencies of the state and its political subdivisions, all insurance companies, trust companies in their commercial departm…

Except as provided in this section, bonds of the agency, local governmental obligations and obligations of private water companies may be issued under this chapter without obtaining the consent of any executive office, department, division, commission, board, bureau, or agency of…

Bonds issued by the agency under the provisions of this chapter shall not be deemed to be a debt or a pledge of the faith and credit of the state or of any of its political subdivisions, but shall be payable solely from the revenues, funds, assets, and other property of the agenc…

(a) Notwithstanding any provision of any other law, including the Uniform Commercial Code: (1) Any pledge or assignment of revenues of any kind, funds, loan agreements, local governmental obligations, obligations of private water companies, property, or assets made pursuant to th…

Notwithstanding any of the provisions of this chapter or any recitals in any bonds or local governmental obligations issued hereunder, all bonds and local governmental obligations shall be deemed to be investment securities under the Uniform Commercial Code.

All money received by the agency pursuant to the provisions of this chapter, whether as proceeds from the issue of bonds or as revenues or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.

Bonds issued by the agency and local governmental obligations issued by any local governmental unit in accordance with this chapter, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation by and within t…

(a) “Agency” means the Rhode Island infrastructure bank. (b) “Approved project” means any project or portion thereof of a governmental unit or privately organized water supplier that has been issued a certificate of approval by the department for assistance through the agency; an…

The agency and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the agency shall have the bonds outstanding in accordance with this chapter, unless adequate provision has been made for the payment or …

The agency shall, at all times, keep full and accurate accounts of its receipts, expenditures, disbursements, assets, and liabilities with respect to the agency’s administration of the safe drinking water revolving loan fund which shall be open to inspection by any officer or dul…

The provisions of this chapter shall be deemed to provide an additional, alternative, and complete method for accomplishing the purposes of this chapter, and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the ag…

Notwithstanding anything to the contrary herein, the provisions of this chapter are limited to the extent required by applicable federal law, as in effect from time to time.

The provisions of this chapter are severable, and if any provision hereof shall be held invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances. This chapter shall be construed in all respects so as to meet any constitutional requiremen…

The agency shall have all powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, so far as apt, the general powers of the agency as set forth in chapter 12.2 of this title and, without limiting the generality of the fore…

(a) The agency shall be the instrumentality of the state for administration of the safe drinking water revolving loan fund, and such other funds it holds or for which it is responsible, and, in conjunction with the department, is empowered to and shall take all action necessary o…

(a) Any local governmental unit or privately organized water supplier may apply to the agency for financial assistance in accordance with this chapter to finance all or any part of the cost of an approved project. The agency shall not award financial assistance to such local gove…