In accordance with notice of the Rhode Island Coastal Resources Management Council’s Planning & Procedures subcommittee, a meeting was held on Tuesday, September 26, 2023 at 5:00pm at the offices of the Coastal Resources Management Council, 4808 Tower Hill Rd, Wakefield, RI.

MEMBERS PRESENT
Raymond Coia, Chair
Don Gomez
Ron Gagnon, RIDEM

STAFF PRESENT
Jeff Willis, Executive Director
Laura Miguel, Deputy Director
Bruce Lofgren, Coastal Policy Analyst

Tony DeSisto, Legal Counsel
Mark Hartmann, Legal Counsel

Call to Order. Chair Coia called the meeting to order at 5:00 p.m.

Items 4.A.1 & 4.A.2 Administrative Fines Program: 650-RICR-20-00-1.1.13: Violations and Enforcement Actions & 650-RICR-10-00-1.4.15: Administrative Penalty Matrix – J. Willis and B. Lofgren explained the proposed changes as being brought back to the Subcommittee due to the Office of Regulatory Reform requirements as well as housekeeping edits. ORR is requiring that the penalty matrix be established in regulation, which when previously approved by the Subcommittee the matrix was part of a Guidance package. Additionally, revisions were presented to make clear that penalties are assessed by the Chair, the Executive Director, or their designee. B. Lofgren presented a hypothetical example of how the matrix could be used on an enforcement matter. Mr. Gagnon asked if the penalty matrix would be sent along with the Administrative Fine. Staff replied that since such is a notice of fine that can be appealed to the hearing officer, the matrix would become part of the file.

After the staff presentation, the Chair asked for a motion to consider the proposed changes as presented.

Mr. Gomez seconded by Mr. Gagnon moved to approve the proposed changes as presented. All voted Yes in favor of the motion.

Item 4.B. (Management Procedures) 650-RICR-10-00-1.5.12: Permit Extensions. J. Willis presented the revisions that propose to eliminate the fourth extension request at the Council but retain the three administrative (3) extension requests, each at one-year maximum. Staff presented that this would allow for a more efficient and timely processing of such requests. Additionally, the requirement that all extension requests must demonstrate “good cause” will remain as is. Mr. Gomez asked if any review processes are changed. Staff replied that no changes will be affected and reiterated the process by which Extension Requests are handled: all requests are first assigned to the Enforcement Staff who performs a compliance check. If no issues are found, then staff reviews the request against existing regulations to ensure no new requirements could affect the originally approved activity. All matters equal, staff recommends that the request be approved. If non-compliance issues are found, then typical enforcement review and processing occurs. Additionally, revisions were made to clearly identify that the full Council itself makes decision on extension requests for infrastructure projects of greater than one year.

Mr. Gomez seconded by Mr. Gagnon moved to approve the proposed changes as presented. All voted Yes in favor of the motion.

ADJOURNMENT. Mr. Gagnon, seconded by Mr. Gomez, moved to adjourn. All voted in favor of the motion and the meeting was adjourned at 5:31 p.m.

Respectfully submitted by
Jeffrey M. Willis, Director

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