2013 -- S 0323

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LC01001

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 13, 2013

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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approval period.

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

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

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evidence records.

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

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

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revive expired approvals or permits.

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

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

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

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

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

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

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expired.

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

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

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

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

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

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

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

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

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

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evidence records.

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

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

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revive expired approvals.

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

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

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

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

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

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

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expired.

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

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Ordinances" is hereby amended to read as follows:

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

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

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

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

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

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

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

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evidence records.

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

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

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revive expired approvals.

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

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

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

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

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

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

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expired.

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

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

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

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

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

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

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

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approval period.

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

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

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evidence records.

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

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

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revive expired approvals or permits.

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

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

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

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

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

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

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expired.

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

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

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

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LC01001

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

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

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

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

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would not revive any expired approval or permit.

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LC01001

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