Advocates push for reform of Rhode Island coastal council, but legislative leaders have questions

PROVIDENCE – Attorney General Peter Neronha and others are calling on General Assembly leaders to move forward with legislation that would reform the embattled state agency that regulates coastal development in Rhode Island.

At a news conference Wednesday, Neronha reiterated his support for bills that would do away with the group of political appointees that rule on applications before the Coastal Resources Management Council and put power in the hands of agency staff who have expertise in engineering, geology and other relevant fields.

“What that will mean is a professional agency that could do its work without the interference of a council that frankly doesn’t know what it’s doing,” Neronha said at the event held at the Fields Point headquarters of Save The Bay, the state environmental group that for years has been calling for deep changes to the CRMC.

But the prospects of the top-to-bottom restructuring that advocates are pushing for – which would include elevating the agency to a department within state government and the hiring of an in-house attorney – appear uncertain. When asked about their positions, both House and Senate leadership said they still have questions about the legislation.

“I support a reform of CRMC, but not a repeal,” House Speaker K. Joseph Shekarchi said in a statement. “The House legislation is under consideration, but it was introduced late in the session and there is likely a significant cost attached to it. For that reason, we have requested a fiscal note from the administration and are awaiting receipt.”

Questions about the coastal council's decision-making go back many years

While there have long been concerns about the unusual structure of the coastal agency, calls for reform intensified after a closed-doors decision by members of the council to approve a hotly disputed marina expansion on Block Island came to light three years ago.

The Rhode Island Supreme Court eventually killed the controversial side agreement with Champlin’s Marina, but the coastal council’s decision-making still remains a concern.

Neronha pointed to the latest incident to make headlines involving the agency: the construction of an allegedly illegal seawall by a country club in North Kingstown.

While the council has levied fines against the Quidnessett Country Club and is considering further enforcement action, including tearing down the wall, its members have also signaled that they’re willing to rethink the agency’s regulations.

Neronha argued that the country club acted so brazenly because of the weakness of the coastal council. He said the course of action that the council should take on the seawall is simple.

“Nothing short of removal is the appropriate action in that case,” he said.

Critics argue that political appointees are the problem

Critics say the CRMC’s structure, which puts so much power in the hands of the voting council, is at the root of the agency’s problems. Appointees, who are nominated by the governor and approved by the Senate, have included in recent years a dental hygienist and the head of a chain of physical therapy offices.

Under the bills being considered, the 10-member council would be abolished and a new Department of Coastal Resources would be created that would be on par with the Department of Environmental Management and other departments within state government.

This isn’t the first time that bills to amend the council structure have been introduced in the General Assembly. Chances this year appeared better. Not only was Neronha’s office involved in writing the legislation, but Senate President Dominick Ruggerio and Senate Majority Leader Ryan Pearson signed on as co-sponsors.

But it’s been more than a month since the committee hearings and no votes have been scheduled yet. A spokesman for the Senate said the legislation is currently under review by the Judiciary Committee.

“We are seeking additional information, including potential cost estimates,” Greg Pare said.

Coastal council responsibilities include offshore wind-power permitting and climate-change planning

The attorney general was joined at the news conference by Save The Bay executive director Topher Hamblett, as well as Sen. Victoria Gu and Rep. Terri Cortvriend, lead sponsors of the bills.

Gu, a Charlestown Democrat, said the areas regulated by the council, which range from offshore wind permitting to planning for impacts of sea level rise, are too important to leave to political appointees.

“Who is the system working for?” she said. “I don’t think it’s working for Rhode Islanders.”