2015 -- S 0817

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LC002406

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: April 09, 2015

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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

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

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

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

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

of property shall be tolled until June 30, 2015 June 30, 2016. For the purposes of this section,

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

approval period.

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

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

evidence records.

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

and those issued between November 9, 2009 and June 30, 2015 June 30, 2016 and shall not

revive expired approvals or permits.

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

began will be recalculated as of July 1, 2015 July 1, 2016 by adding thereto the number of days

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

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

recalculated as of July 1, 2015 July 1, 2016 by adding thereto the number of days between the day

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

expired.

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

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

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

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

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

30, 2015 June 30, 2016. For the purposes of this section, "tolling" shall mean the suspension or

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

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

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

evidence records.

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

and those issued between November 9, 2009 and June 30, 2015 June 30, 2016, and shall not

revive expired approvals.

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

began will be recalculated as of July 1, 2015 July 1, 2016 by adding thereto the number of days

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

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

recalculated as of July 1, 2015 July 1, 2016 by adding thereto the number of days between the day

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

expired.

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

Ordinances" is hereby amended to read as follows:

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

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

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

30, 2015 June 30, 2016. For the purposes of this section, "tolling" shall mean the suspension or

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

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

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

evidence records.

      (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, 2015 June 30, 2016 and shall not

revive expired approvals.

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

began will be recalculated as of July 1, 2015 July 1, 2016 by adding thereto the number of days

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

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

recalculated as of July 1, 2015 July 1, 2016 by adding thereto the number of days between the day

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

expired.

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

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

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

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

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

of property shall be tolled until June 30, 2015 June 30, 2016. For the purposes of this section,

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

approval period.

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

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

evidence records.

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

and those issued between November 9, 2009 and June 30, 2015 June 30, 2016, and shall not

revive expired approvals or permits.

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

began will be recalculated as of July 1, 2015 July 1, 2016 by adding thereto the number of days

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

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

recalculated as of July 1, 2015 July 1, 2016 by adding thereto the number of days between the day

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

expired.

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

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

2016, but shall not revive any expired approval or permit.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

***

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

apply to approvals and permits in effect on November 9, 2009 and those issued between

November 9, 2009 and June 30, 2016, but would not revive any expired approval or permit.

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

on November 9, 2009 and those issued between November 9, 2009 and June 30, 2016, but shall

not revive any expired approval or permit.

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