2013 -- S 0760

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LC01779

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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 -- DEPARTMENT OF

ADMINISTRATION

     Introduced By: Senators Algiere, P Fogarty, Jabour, Metts, and Pichardo

     Date Introduced: March 13, 2013

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-11-10 of the General Laws in Chapter 42-11 entitled

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"Department of Administration" is hereby amended to read as follows:

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     42-11-10. Statewide planning program. -- (a) Findings. - The general assembly finds

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that the people of this state have a fundamental interest in the orderly development of the state;

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the state has a positive interest and demonstrated need for establishment of a comprehensive

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strategic state planning process and the preparation, maintenance, and implementation of plans

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for the physical, economic, and social development of the state; the continued growth and

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development of the state presents problems that cannot be met by the cities and towns

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individually and that require effective planning by the state; and state and local plans and

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programs must be properly coordinated with the planning requirements and programs of the

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federal government.

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      (b) Establishment of statewide planning program.

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      (1) A statewide planning program is hereby established to prepare, adopt, and amend

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strategic plans for the physical, economic, and social development of the state and to recommend

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these to the governor, the general assembly, and all others concerned.

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      (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

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departments and agencies of the executive branch unless specifically exempted, shall be

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conducted by or under the supervision of the statewide planning program. The statewide planning

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program shall consist of a state planning council, and the division of planning, which shall be a

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division within the department of administration.

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      (c) Strategic planning. - Strategic planning includes the following activities:

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      (1) Establishing or identifying general goals.

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      (2) Refining or detailing these goals and identifying relationships between them.

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      (3) Formulating, testing, and selecting policies and standards that will achieve desired

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objectives.

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      (4) Preparing long-range or system plans or comprehensive programs that carry out the

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policies and set time schedules, performance measures, and targets.

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      (5) Preparing functional short-range plans or programs that are consistent with

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established or desired goals, objectives, and policies, and with long-range or system plans or

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comprehensive programs where applicable, and that establish measurable intermediate steps

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toward their accomplishment of the goals, objectives, policies, and/or long-range system plans.

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      (6) Monitoring the planning of specific projects and designing of specific programs of

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short duration by the operating departments, other agencies of the executive branch, and political

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subdivisions of the state to insure that these are consistent with and carry out the intent of

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applicable strategic plans.

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      (7) Reviewing the execution of strategic plans and the results obtained and making

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revisions necessary to achieve established goals.

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      (d) State guide plan. - Components of strategic plans prepared and adopted in accordance

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with this section may be designated as elements of the state guide plan. The state guide plan shall

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be comprised of functional elements or plans dealing with land use; physical development and

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environmental concerns; economic development; housing production; energy supply, including

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the development of renewable energy resources in Rhode Island, and energy access, use, and

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conservation; human services; and other factors necessary to accomplish the objective of this

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section. The state guide plan shall be a means for centralizing, integrating, and monitoring long-

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range goals, policies, plans, and implementation activities related thereto. State agencies

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concerned with specific subject areas, local governments, and the public shall participate in the

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state guide planning process, which shall be closely coordinated with the budgeting process.

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      (e) Membership of state planning council. - The state planning council shall consist of

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the following members:

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      (1) The director of the department of administration as chairperson;

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      (2) The director, policy office, in the office of the governor, as vice-chairperson;

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      (3) The governor, or his or her designee;

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      (4) The budget officer;

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      (5) The chairperson of the housing resources commission;

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      (6) The highest-ranking administrative officer of the division of planning, as secretary;

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      (7) The president of the League of Cities and Towns or his or her designee and one

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official of local government, who shall be appointed by the governor from a list of not less than

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three (3) submitted by the Rhode Island League Cities and Towns;

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      (8) The executive director of the League of Cities and Towns;

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      (9) One representative of a nonprofit community development or housing organization

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appointed by the governor;

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      (10) Four (4) Six (6) public members, appointed by the governor, one of whom shall be

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an employer with fewer than fifty (50) employees, and one of whom shall be an employer with

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greater than fifty (50) employees;

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      (11) Two (2) representatives of a private, nonprofit environmental advocacy

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organization, both to be appointed by the governor;

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      (12) The director of planning and development for the city of Providence;

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      (13) The director of the department of transportation;

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      (14) The director of the department of environmental management;

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      (15) The director of the department of health; and

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      (16) The executive director of the economic development corporation.

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      (f) Powers and duties of state planning council. - The state planning council shall have

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the following powers and duties:

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      (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

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and to modify and amend any of these, following the procedures for notification and public

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hearing set forth in section 42-35-3, and to recommend and encourage implementation of these

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goals to the general assembly, state and federal agencies, and other public and private bodies;

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approval of strategic plans by the governor; and to ensure that strategic plans and the long-range

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state guide plan are consistent with the findings, intent, and goals set forth in section 45-22.2-3,

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the "Rhode Island Comprehensive Planning and Land Use Regulation Act";

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      (2) To coordinate the planning and development activities of all state agencies, in

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accordance with strategic plans prepared and adopted as provided for by this section;

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      (3) To review and comment on the proposed annual work program of the statewide

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planning program;

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      (4) To adopt rules and standards and issue orders concerning any matters within its

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jurisdiction as established by this section and amendments to it;

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      (5) To establish advisory committees and appoint members thereto representing diverse

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interests and viewpoints as required in the state planning process and in the preparation or

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implementation of strategic plans. The state planning council shall appoint a permanent

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committee comprised of:

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      (i) Public members from different geographic areas of the state representing diverse

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interests, and

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      (ii) Officials of state, local and federal government, which shall review all proposed

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elements of the state guide plan, or amendment or repeal of any element of the plan, and shall

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advise the state planning council thereon before the council acts on any such proposal. This

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committee shall also advise the state planning council on any other matter referred to it by the

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council; and

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      (6) To establish and appoint members to an executive committee consisting of major

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participants of a Rhode Island geographic information system with oversight responsibility for its

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activities.

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      (7) To adopt, amend and maintain as an element of the state guide plan or as an

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amendment to an existing element of the state guide plan, standards and guidelines for the

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location of eligible renewable energy resources and renewable energy facilities in Rhode Island

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with due consideration for the location of such resources and facilities in commercial and

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industrial areas, agricultural areas, areas occupied by public and private institutions, and property

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of the state and its agencies and corporations, provided such areas are of sufficient size, and in

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other areas of the state as appropriate.

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      (g) Division of planning.

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      (1) The division of planning shall be the principal staff agency of the state planning

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council for preparing and/or coordinating strategic plans for the comprehensive management of

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the state's human, economic, and physical resources. The division of planning shall recommend

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to the state planning council specific guidelines, standards, and programs to be adopted to

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implement strategic planning and the state guide plan and shall undertake any other duties

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established by this section and amendments thereto.

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      (2) The division of planning shall maintain records (which shall consist of files of

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complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

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adopted or issued by the state planning council under this section. The records shall be open to

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the public.

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      (3) The division of planning shall manage and administer the Rhode Island geographic

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information system of land-related resources, and shall coordinate these efforts with other state

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departments and agencies, including the University of Rhode Island, which shall provide

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technical support and assistance in the development and maintenance of the system and its

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associated data base.

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      (4) The division of planning shall coordinate and oversee the provision of technical

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assistance to political subdivisions of the state in preparing and implementing plans to accomplish

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the purposes, goals, objectives, policies, and/or standards of applicable elements of the state guide

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plan and shall make available to cities and towns data and guidelines that may be used in

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preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

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elements thereby.

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      (h) [Deleted by P.L. 2011, ch. 215, section 4, and by P.L. 2011, ch. 313, section 4].

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      (i) The division of planning shall be the principal staff agency of the water resources

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board established pursuant to chapter 46-15 ("Water Resources Board") and the water resources

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board corporate established pursuant to chapter 46-15.1 ("Water Supply Facilities").

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     SECTION 2. This act shall take effect upon passage.

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LC01779

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ADMINISTRATION

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     This act would amend the corporation of the statewide planning board by adding two (2)

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public members.

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     This act would take effect upon passage.

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LC01779

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