2016 -- S 2625 | |
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LC004451 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2016 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF | |
ADMINISTRATION | |
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Introduced By: Senators Cote, Raptakis, E O`Neill, Kettle, and Gee | |
Date Introduced: February 25, 2016 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 42-11-10 of the General Laws in Chapter 42-11 entitled |
2 | "Department of Administration" is hereby amended to read as follows: |
3 | 42-11-10. Statewide planning program. -- (a) Findings. - The general assembly finds |
4 | that the people of this state have a fundamental interest in the orderly development of the state; |
5 | the state has a positive interest and demonstrated need for establishment of a comprehensive, |
6 | strategic state planning process and the preparation, maintenance, and implementation of plans |
7 | for the physical, economic, and social development of the state; the continued growth and |
8 | development of the state presents problems that cannot be met by the cities and towns |
9 | individually and that require effective planning by the state; and state and local plans and |
10 | programs must be properly coordinated with the planning requirements and programs of the |
11 | federal government. |
12 | (b) Establishment of statewide planning program. |
13 | (1) A statewide planning program is hereby established to prepare, adopt, and amend |
14 | strategic plans for the physical, economic, and social development of the state and to recommend |
15 | these to the governor, the general assembly, and all others concerned. |
16 | (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all |
17 | departments and agencies of the executive branch unless specifically exempted, shall be |
18 | conducted by or under the supervision of the statewide planning program. The statewide planning |
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1 | program shall consist of a state planning council, and the division of planning, which shall be a |
2 | division within the department of administration. |
3 | (c) Strategic planning. - Strategic planning includes the following activities: |
4 | (1) Establishing or identifying general goals. |
5 | (2) Refining or detailing these goals and identifying relationships between them. |
6 | (3) Formulating, testing, and selecting policies and standards that will achieve desired |
7 | objectives. |
8 | (4) Preparing long-range or system plans or comprehensive programs that carry out the |
9 | policies and set time schedules, performance measures, and targets. |
10 | (5) Preparing functional, short-range plans or programs that are consistent with |
11 | established or desired goals, objectives, and policies, and with long-range or system plans or |
12 | comprehensive programs where applicable, and that establish measurable, intermediate steps |
13 | toward their accomplishment of the goals, objectives, policies, and/or long-range system plans. |
14 | (6) Monitoring the planning of specific projects and designing of specific programs of |
15 | short duration by the operating departments, other agencies of the executive branch, and political |
16 | subdivisions of the state to ensure that these are consistent with, and carry out the intent of, |
17 | applicable strategic plans. |
18 | (7) Reviewing the execution of strategic plans, and the results obtained, and making |
19 | revisions necessary to achieve established goals. |
20 | (d) State guide plan. - Components of strategic plans prepared and adopted in accordance |
21 | with this section may be designated as elements of the state guide plan. The state guide plan shall |
22 | be comprised of functional elements or plans dealing with land use; physical development and |
23 | environmental concerns; economic development; housing production; energy supply, including |
24 | the development of renewable energy resources in Rhode Island, and energy access, use, and |
25 | conservation; human services; and other factors necessary to accomplish the objective of this |
26 | section. The state guide plan shall be a means for centralizing, integrating, and monitoring long- |
27 | range goals, policies, plans, and implementation activities related thereto. State agencies |
28 | concerned with specific subject areas, local governments, and the public shall participate in the |
29 | state guide planning process, which shall be closely coordinated with the budgeting process. |
30 | Notwithstanding any term or provision in any statute or the state guide plan established pursuant |
31 | to §42-11-10, no provision of §42-128-8.1 requiring the adoption of a five (5) year strategic plan |
32 | for housing as an element of the state guide plan shall require any city or town to enact or adopt |
33 | an ordinance, rule or regulation which exceeds any zoning provision of any enactment of such |
34 | city or town, nor shall any provision of the state guide plan regarding any affordable housing |
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1 | provision be deemed to subordinate or require compliance by any such zoning ordinance to |
2 | federal law or regulation, provided, however, northing herein shall limit the provisions |
3 | established for state review of local comprehensive plans as set forth in §45-22.2-9. |
4 | (e) Membership of state planning council. - The state planning council shall consist of |
5 | the following members: |
6 | (1) The director of the department of administration as chairperson; |
7 | (2) The director, policy office, in the office of the governor, as vice-chairperson; |
8 | (3) The governor, or his or her designee; |
9 | (4) The budget officer; |
10 | (5) The chairperson of the housing resources commission; |
11 | (6) The highest-ranking administrative officer of the division of planning, as secretary; |
12 | (7) The president of the Rhode Island League of Cities and Towns or his or her designee |
13 | and one official of local government who shall be appointed by the governor from a list of not |
14 | less than three (3) submitted by the Rhode Island League Cities and Towns; |
15 | (8) The executive director of the Rhode Island League of Cities and Towns; |
16 | (9) One representative of a nonprofit community development or housing organization |
17 | appointed by the governor; |
18 | (10) Six (6) public members, appointed by the governor, one of whom shall be an |
19 | employer with fewer than fifty (50) employees and one of whom shall be an employer with |
20 | greater than fifty (50) employees; |
21 | (11) Two (2) representatives of a private, nonprofit, environmental advocacy |
22 | organization, both to be appointed by the governor; |
23 | (12) The director of planning and development for the city of Providence; |
24 | (13) The director of the department of transportation; |
25 | (14) The director of the department of environmental management; |
26 | (15) The director of the department of health; |
27 | (16) The executive director of the economic development corporation; |
28 | (17) The commissioner of the Rhode Island office of energy resources; |
29 | (18) The chief executive officer of the Rhode Island public transit authority; |
30 | (19) The executive director of Rhode Island housing; and |
31 | (20) The executive director of the coastal resources management council. |
32 | (f) Powers and duties of state planning council. - The state planning council shall have |
33 | the following powers and duties: |
34 | (1) To adopt strategic plans as defined in this section and the long-range state guide plan, |
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1 | and to modify and amend any of these, following the procedures for notification and public |
2 | hearing set forth in § 42-35-3, and to recommend and encourage implementation of these goals to |
3 | the general assembly, state and federal agencies, and other public and private bodies; approval of |
4 | strategic plans by the governor; and to ensure that strategic plans and the long-range state guide |
5 | plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the "Rhode Island |
6 | Comprehensive Planning and Land Use Regulation Act"; |
7 | (2) To coordinate the planning and development activities of all state agencies, in |
8 | accordance with strategic plans prepared and adopted as provided for by this section; |
9 | (3) To review and comment on the proposed annual work program of the statewide |
10 | planning program; |
11 | (4) To adopt rules and standards and issue orders concerning any matters within its |
12 | jurisdiction as established by this section and amendments to it; |
13 | (5) To establish advisory committees and appoint members thereto representing diverse |
14 | interests and viewpoints as required in the state planning process and in the preparation or |
15 | implementation of strategic plans. The state planning council shall appoint a permanent |
16 | committee comprised of: |
17 | (i) Public members from different geographic areas of the state representing diverse |
18 | interests; and |
19 | (ii) Officials of state, local, and federal government, who shall review all proposed |
20 | elements of the state guide plan, or amendment or repeal of any element of the plan, and shall |
21 | advise the state planning council thereon before the council acts on any such proposal. This |
22 | committee shall also advise the state planning council on any other matter referred to it by the |
23 | council; and |
24 | (6) To establish and appoint members to an executive committee consisting of major |
25 | participants of a Rhode Island geographic information system with oversight responsibility for its |
26 | activities. |
27 | (7) To adopt, amend, and maintain, as an element of the state guide plan or as an |
28 | amendment to an existing element of the state guide plan, standards and guidelines for the |
29 | location of eligible, renewable energy resources and renewable energy facilities in Rhode Island |
30 | with due consideration for the location of such resources and facilities in commercial and |
31 | industrial areas, agricultural areas, areas occupied by public and private institutions, and property |
32 | of the state and its agencies and corporations, provided such areas are of sufficient size, and in |
33 | other areas of the state as appropriate. |
34 | (8) To act as the single, statewide metropolitan planning organization for transportation |
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1 | planning, and to promulgate all rules and regulations that are necessary thereto. |
2 | (g) Division of planning. |
3 | (1) The division of planning shall be the principal staff agency of the state planning |
4 | council for preparing and/or coordinating strategic plans for the comprehensive management of |
5 | the state's human, economic, and physical resources. The division of planning shall recommend |
6 | to the state planning council specific guidelines, standards, and programs to be adopted to |
7 | implement strategic planning and the state guide plan and shall undertake any other duties |
8 | established by this section and amendments thereto. |
9 | (2) The division of planning shall maintain records (which shall consist of files of |
10 | complete copies) of all plans, recommendations, rules, and modifications or amendments thereto |
11 | adopted or issued by the state planning council under this section. The records shall be open to |
12 | the public. |
13 | (3) The division of planning shall manage and administer the Rhode Island geographic |
14 | information system of land-related resources, and shall coordinate these efforts with other state |
15 | departments and agencies, including the University of Rhode Island, which shall provide |
16 | technical support and assistance in the development and maintenance of the system and its |
17 | associated data base. |
18 | (4) The division of planning shall coordinate and oversee the provision of technical |
19 | assistance to political subdivisions of the state in preparing and implementing plans to accomplish |
20 | the purposes, goals, objectives, policies, and/or standards of applicable elements of the state guide |
21 | plan and shall make available to cities and towns data and guidelines that may be used in |
22 | preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and |
23 | elements thereby. |
24 | (h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4]. |
25 | (i) The division of planning shall be the principal staff agency of the water resources |
26 | board established pursuant to chapter 15 of title 46 ("Water Resources Board") and the water |
27 | resources board corporate established pursuant to chapter 15.1 of title 46 ("Water Supply |
28 | Facilities"). |
29 | SECTION 2. This act shall take effect upon passage. |
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LC004451 | |
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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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1 | This act would prohibit certain affordable housing programs with requirements that |
2 | exceed those set forth in the general laws of the state or ordinances of the cities and towns from |
3 | being included in the statewide planning program. |
4 | This act would take effect upon passage. |
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LC004451 | |
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