2014 -- S 2858

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LC005308

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - RHODE ISLAND REGULATORY

REFORM ACT

     Introduced By: Senators Lynch, Walaska, Goodwin, Ruggerio, and Lombardo

     Date Introduced: April 09, 2014

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-64.13-7 of the General Laws in Chapter 42-64.13 entitled

"Rhode Island Regulatory Reform Act" is hereby amended to read as follows:

     42-64.13-7. Powers of the office of regulatory reform. -- The office of regulatory

reform shall have the following powers:

      (1) The director of the office of regulatory reform is authorized to intervene or otherwise

participate in any regulatory or permitting matter pending before any executive branch agency or

department or before any municipal board, commission, agency or subdivision thereof at which a

regulatory or permitting matter is pending for the expressed net benefit of a business. The director

of the office of regulatory reform may so intervene or otherwise participate in such pending

regulatory and permitting matters by providing written notice to the director of any department or

state agency in the executive branch, or the chairman or presiding officer over any municipal

department or subdivision thereof at which a regulatory or permitting matter is pending, that the

director of the office of regulatory reform is so intervening or otherwise participating in such

regulatory or permitting matter pending before such department, agency, board or commission.

The director of the office of regulatory reform shall be considered a party to the action and shall

be provided reasonable notice of any and all administrative hearings or meetings involving the

parties in such matter and shall be the opportunity to participate in such meetings, hearings or

other administrative procedures of such entity, of which such opportunity may be waived only by

writing from the director of the office of regulatory reform, for the purpose of assuring the

efficient and consistent implementation of rules and regulations in order to foster the creation and

retention of jobs in Rhode Island or otherwise foster economic development in Rhode Island

consistent with the purposes of this act. Any intervention or participation by the director of the

office of regulatory reform, other than in contested cases, shall not be deemed to violate the

provisions of the Rhode Island administrative procedures act at Title 42, Chapter 35 of the

general laws. Provided, however, all contested cases shall be conducted in accordance with the

provisions for hearings of contested cases in the administrative procedures act, Title 42, Chapter

35, of the general laws. As used in this section, the term "contested case" means a proceeding in

which conflicting rights between adverse parties are required by law to be determined in an

adversary proceeding that is judicial or quasi-judicial in nature, and not purely administrative in

character, before and/or by an agency.

      (2) Promptly upon such intervention as set forth in subdivision (1) above, the director of

the office of regulatory reform shall publish its rationale for its intervention in such pending

regulatory or permitting matter. The director of the office of regulatory reform may so intervene

upon findings that:

      (i) That the pending, regulatory or permitting action, in and of itself or as part of a

regulatory process, has significant economic development impact upon the state or any

municipality herein; and

      (ii) The pending regulatory or permitting matter, in and of itself or as part of a regulatory

process, has significant impact on any industry, trade, profession or business that provides

significant jobs or other significant economic development impact, including municipal and state

taxes or other revenues, to the state or its citizens.

      (iii) The office of regulatory reform shall upon the conclusion of each fiscal quarter

promptly provide to the office of the governor and the general assembly through the offices of the

president of the senate and the speaker of the house of representatives a written report identifying:

      (A) All matters in which the director of the office of regulatory reform intervened;

      (B) The rationale for his or her intervention;

      (C) The status of the pending regulatory or permitting matter;

      (D) Any observations or recommendations from the director of the office of regulatory

reform with respect to such regulatory or permitting policies or procedures relating to the subject

matter of such pending regulatory or permitting matters in which the director so intervened; and

      (E) The status of the agency rule review required pursuant to subsection 42-35-3.4(d)

including the number of rules reviewed within the previous quarter, the number of rules amended

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or rescinded and the estimated aggregate impact of such amendments or rescissions on businesses

in Rhode Island.

      (3) The office of regulatory reform is authorized to appear as an amicus curiae in any

legal proceeding relating to any matter.

      (4) The office of regulatory reform is authorized to coordinate with and support the

building commissioner and fire marshal in the development and implementation of a standard

statewide process for electronic plan review, permit management and inspection.

      (5) The office of regulatory reform is authorized to coordinate, provide technical

assistance, and oversee state agency regulatory review and accompanying economic impact

statements on small businesses.

     (6) The office of regulatory reform is authorized to review state and local regulatory and

permitting processes and develop online maps, flow charts, and other visualizations of such

processes to increase their navigability and efficiency. Such maps and visualizations shall be

designed to inform businesses of their responsibilities and obligations through each step of the

regulatory process and shall help inform future efforts to improve processes, eliminate redundant

or obsolete requirements, and improve interagency communication.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - RHODE ISLAND REGULATORY

REFORM ACT

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     This act would authorize the office of regulatory reform to review state and local

regulatory and permitting processes and develop online maps, flow charts, and other

visualizations of such processes designed to inform businesses of their responsibilities and

obligations through each step of the regulatory process.

     This act would take effect upon passage.

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