NOAA calls for R.I. officials to fill open seats on CRMC
Crystal Serenity, a cruise ship owned by Crystal Cruises visiting Newport, is anchored in the Anchorage D area west of Goat Island on Oct. 3, 2024. (Photo by Janine L. Weisman/Rhode Island Current)
The National Oceanic and Atmospheric Association (NOAA) gives top marks to the expert staff of Rhode Island's coastal regulatory agency in a new evaluation. But federal regulators remain concerned over three open seats on the politically appointed Rhode Island Coastal Resources Management Council (CRMC), calling on Gov. Dan McKee and the legislature to fill the vacancies 'as soon as possible.'
'It is essential that a quorum is maintained and the Rhode Island Coastal Resources Management Program conducts a regular and full schedule of Council and subcommittee meetings in order to implement Rhode Island's approved coastal management program,' NOAA's Office of Coastal Management wrote in its April 10 report.
The 148-page document examined federal data collection, in-person meetings with staff and council members, and verbal and written public comments on the agency's performance spanning the five-year period from September 2019 to October 2024. Federal monitoring of the state coastal program is required as part of a 1972 federal law setting up coastal regulations and funding for state-level programs.
More than one-third of CRMC's $6.2 million budget in fiscal 2025 came from federal funds, including roughly $1.7 million from NOAA.
NOAA's latest evaluation concludes that the state is 'successfully implementing and enforcing' its federal coastal management program based on examination of its program administration, offshore wind projects, public access and protections against shoreline erosion.
However, NOAA highlighted several weaknesses in Rhode Island's adherence to federal regulations, including the vacancies on the 10-member council. Seven spots are filled, with the newest gubernatorial appointee, Dr. Michael Reuter of Barrington, confirmed by the Rhode Island Senate last month. The three open seats risk canceled meetings and delayed decisions if the council can't get at least six of its sitting members to show up — a problem that has plagued the appointed body for years.
Olivia DaRocha, a spokesperson for McKee's office, said in an email Wednesday that the governor was seeking qualified candidates for the open seats. She confirmed candidates are now under consideration, but did not respond to follow-up questions such as how many contenders are being vetted.
Council vacancies are one of many problems cited by critics, whose frustrations with the panel's controversial, and at times, unlawful, decisions have reached a boiling point. Coastal advocates have teamed up with Rhode Island Attorney General Peter Neronha and state lawmakers to overhaul the agency, proposing to eliminate the council and reshape the CRMC as an administrative body akin to the Rhode Island Department of Environmental Management. Several versions of this proposal have been introduced in the Rhode Island General Assembly this year, but not advanced beyond committee prior to the legislature's April break.
NOAA took no position on the pending state legislation but noted states have flexibility to determine the structure of their coastal management programs. Of the 29 states with federal coastal management programs, only three — Rhode Island, California and North Carolina — give significant decision-making power to an appointed panel, according to a February report from the Rhode Island Department of Administration.
Jed Thorp, advocacy director for Save the Bay, saw NOAA's indifference to how Rhode Island executes its coastal management program in a positive light. Save the Bay is a leading advocate for the proposed overhaul of the CRMC.
'Sometimes, opponents [of the reform bill] will point to NOAA as this sort of bogeyman,' Thorp said in an interview Wednesday. 'NOAA is basically saying, 'we don't care how you set it up. You have a menu of options available to you.''
Save the Bay ultimately wants to get rid of the council, but Thorp still wants the open seats filled in the interim.
'We need the council to be fully seated so they can function and conduct their business,' Thorp said.
The CRMC issued a statement on April 10 celebrating its 'good grade' from NOAA. Jeffrey Willis, CRMC executive director, acknowledged requests for an interview but did not respond to subsequent calls and emails.
The report offered high praise for the agency's 32-person staff who 'excel at defining their role as regulator and policymaker, forging strong partnerships with others who have complementary skill sets and missions.'
However, the increasing scope of their work and responsibilities, from the slew of proposed offshore wind projects to disputes over public access to the shoreline and complex permitting applications, are more than the current employee roster can handle. Employees worked 60 to 80-hour weeks during reviews of proposed offshore wind projects, according to the report.
'Moving forward, a continued insufficient staffing level and strain felt by staff places the state of Rhode Island at a disadvantage in being asked to manage and analyze a significant amount of information and material required to complete additional federal consistency reviews,' the report stated.
Lack of staffing has also contributed to a backlog of permitting applications, insufficient enforcement against violators such as Quidnessett Country Club, and delayed and incomplete reporting required for federal grants, the report stated.
McKee has rejected calls to fund new hires for the strapped coastal agency. His proposed fiscal 2026 budget rejects the CRMC's request for money for five more employees.
In lieu of more full-time workers, NOAA suggested partnerships with university law programs and use of third-party contractors. And it reiterated a requirement first made in a 2020 report to transition to an online permitting database. The original 2024 deadline has now been extended to Sept. 30, 2026.
The CRMC did not respond to questions Wednesday regarding the delays in creating the online database.
The evaluation comes as the Trump administration has imposed major layoffs and budget cuts at NOAA. How attempts to gut the federal regulatory agency will trickle down to Rhode Island's state coastal program remains murky, though Willis told council members during an April 8 meeting that the CRMC could lose up to 10% of its $1.7 million in NOAA funding. When incorporating additional administrative costs for the state to seek and carry out federal funding, the cuts could rise to 17%, Willis said.
'At this time of year, we usually have our federal allocation in hand,' Willis said. 'Right now, we don't know how we're going to put it in our budget and we don't know what kind of funding we're going to get. We're just in a wait-and-see period.'
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