2013 -- H 5265 SUBSTITUTE A

=======

LC00851/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

     Introduced By: Representatives Mattiello, Marcello, Ackerman, Lima, and Tomasso

     Date Introduced: February 06, 2013

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 42-17.1-2.5 of the General Laws in Chapter 42-17.1 entitled

1-2

"Department of Environmental Management" is hereby amended to read as follows:

1-3

     42-17.1-2.5. Tolling of expiration periods. -- (a) Notwithstanding any other provision

1-4

set forth in this chapter, all periods pertaining to the expiration of any approval or permit issued

1-5

pursuant to any state statute or any regulation promulgated thereto pertaining to the development

1-6

of property shall be tolled until June 30, 2013 June 30, 2015. For the purposes of this section,

1-7

"tolling" means the suspension or temporary stopping of the running of the applicable permit or

1-8

approval period.

1-9

      (b) Said tolling need not be recorded in the land evidence records to be valid; however, a

1-10

notice of the tolling must be posted in the municipal planning department and near the land

1-11

evidence records.

1-12

      (c) The tolling shall apply only to approvals or permits in effect on November 9, 2009

1-13

and those issued between November 9, 2009 and June 30, 2013 June 30, 2015 and shall not

1-14

revive expired approvals or permits.

1-15

      (d) The expiration dates for all permits and approvals issued before the tolling period

1-16

began will be recalculated as of July 1, 2013 July 1, 2015 by adding thereto the number of days

1-17

between November 9, 2009 and the day on which the permit or approval would otherwise have

1-18

expired. The expiration dates for all permits and approvals issued during the tolling period will be

1-19

recalculated as of July 1, 2013 July 1, 2015 by adding thereto the number of days between the day

2-1

the permit or approval was issued and the day the permit or approval otherwise would have

2-2

expired.

2-3

     SECTION 2. Section 45-23-63.1 of the General Laws in Chapter 45-23 entitled

2-4

"Subdivision of Land" is hereby amended to read as follows:

2-5

     45-23-63.1. Procedure -- Tolling of expiration periods. -- (a) Notwithstanding any

2-6

other provision set forth in this chapter, all periods pertaining to the expiration of any approval

2-7

issued pursuant to the local regulations promulgated under this chapter shall be tolled until June

2-8

30, 2013 June 30, 2015. For the purposes of this section, "tolling" shall mean the suspension or

2-9

temporary stopping of the running of the applicable permit or approval period.

2-10

      (b) Said tolling need not be recorded in the land evidence records to be valid; however, a

2-11

notice of the tolling must be posted in the municipal planning department and near the land

2-12

evidence records.

2-13

      (c) The tolling shall apply only to approvals or permits in effect on November 9, 2009

2-14

and those issued between November 9, 2009 and June 30, 2013 June 30, 2015, and shall not

2-15

revive expired approvals.

2-16

      (d) The expiration dates for all permits and approvals issued before the tolling period

2-17

began will be recalculated as of July 1, 2013 July 1, 2015 by adding thereto the number of days

2-18

between November 9, 2009 and the day on which the permit or approval would otherwise have

2-19

expired. The expiration dates for all permits and approvals issued during the tolling period will be

2-20

recalculated as of July 1, 2013 July 1, 2015 by adding thereto the number of days between the day

2-21

the permit or approval was issued and the day the permit or approval otherwise would have

2-22

expired.

2-23

     SECTION 3. Section 45-24-61.1 of the General Laws in Chapter 45-24 entitled "Zoning

2-24

Ordinances" is hereby amended to read as follows:

2-25

     45-24-61.1. Procedure -- Tolling of expiration periods. -- (a) Notwithstanding any

2-26

other provision set forth in this chapter, all periods pertaining to the expiration of any approval

2-27

issued pursuant to the local ordinances promulgated under this chapter shall be tolled until June

2-28

30, 2013 June 30, 2015. For the purposes of this section, "tolling" shall mean the suspension or

2-29

temporary stopping of the running of the applicable permit or approval period.

2-30

      (b) Said tolling need not be recorded in the land evidence records to be valid, however, a

2-31

notice of the tolling must be posted in the municipal planning department, and near the land

2-32

evidence records.

2-33

      (c) The tolling shall apply only to approvals or permits in effect on November 9, 2009

2-34

and those issued between November 9, 2009 and June 30, 2013 June 30, 2015 and shall not

3-1

revive expired approvals.

3-2

      (d) The expiration dates for all permits and approvals issued before the tolling period

3-3

began will be recalculated as of July 1, 2013 July 1, 2015 by adding thereto the number of days

3-4

between November 9, 2009 and the day on which the permit or approval would otherwise have

3-5

expired. The expiration dates for all permits and approvals issued during the tolling period will be

3-6

recalculated as of July 1, 2013 July 1, 2015 by adding thereto the number of days between the day

3-7

the permit or approval was issued and the day the permit or approval otherwise would have

3-8

expired.

3-9

     SECTION 4. Section 46-23-6.3 of the General Laws in Chapter 46-23 entitled "Coastal

3-10

Resources Management Council" is hereby amended to read as follows:

3-11

     46-23-6.3. Tolling of expiration periods. -- (a) Notwithstanding any other provision set

3-12

forth in this chapter, all periods pertaining to the expiration of any approval or permit issued

3-13

pursuant to any state statute or any regulation promulgated thereto pertaining to the development

3-14

of property shall be tolled until June 30, 2013 June 30, 2015. For the purposes of this section,

3-15

"tolling" means the suspension or temporary stopping of the running of the applicable permit or

3-16

approval period.

3-17

      (b) Said tolling need not be recorded in the land evidence records to be valid, however, a

3-18

notice of the tolling must be posted in the municipal planning department and near the land

3-19

evidence records.

3-20

      (c) The tolling shall apply only to approvals or permits in effect on November 9, 2009

3-21

and those issued between November 9, 2009 and June 30, 2013 June 30, 2015, and shall not

3-22

revive expired approvals or permits.

3-23

      (d) The expiration dates for all permits and approvals issued before the tolling period

3-24

began will be recalculated as of July 1, 2013 July 1, 2015 by adding thereto the number of days

3-25

between November 9, 2009 and the day on which the permit or approval would otherwise have

3-26

expired. The expiration dates for all permits and approvals issued during the tolling period will be

3-27

recalculated as of July 1, 2013 July 1, 2015 by adding thereto the number of days between the day

3-28

the permit or approval was issued and the day the permit or approval otherwise would have

3-29

expired.

3-31

SECTION 5. This act shall take effect upon passage and shall apply to approvals and

4-1

permits in effect on November 9, 2009 and those issued between November 9, 2009 and June 30,

4-2

2015, but shall not revive any expired approval or permit.

=======

LC00851/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

***

5-1

     This act would extend the expiration dates pertaining to approvals and permits.

5-2

     This act would take effect upon passage and would apply to approvals and permits in

5-3

effect on November 9, 2009 and those issued between November 9, 2009 and June 30, 2015, but

5-4

would not revive any expired approval or permit.

=======

LC00851/SUB A

=======