2016 -- S 2625

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LC004451

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ADMINISTRATION

     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:

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

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

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

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

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

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

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

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

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

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

federal government.

      (b) Establishment of statewide planning program.

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

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

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

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

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

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

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

division within the department of administration.

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

      (1) Establishing or identifying general goals.

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

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

objectives.

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

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

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

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

comprehensive programs where applicable, and that establish measurable, intermediate steps

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

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

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

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

applicable strategic plans.

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

revisions necessary to achieve established goals.

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

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

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

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

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

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

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

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

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

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

Notwithstanding any term or provision in any statute or the state guide plan established pursuant

to §42-11-10, no provision of §42-128-8.1 requiring the adoption of a five (5) year strategic plan

for housing as an element of the state guide plan shall require any city or town to enact or adopt

an ordinance, rule or regulation which exceeds any zoning provision of any enactment of such

city or town, nor shall any provision of the state guide plan regarding any affordable housing

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provision be deemed to subordinate or require compliance by any such zoning ordinance to

federal law or regulation, provided, however, northing herein shall limit the provisions

established for state review of local comprehensive plans as set forth in §45-22.2-9.

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

the following members:

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

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

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

      (4) The budget officer;

      (5) The chairperson of the housing resources commission;

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

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

and one official of local government who shall be appointed by the governor from a list of not

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

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

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

appointed by the governor;

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

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

greater than fifty (50) employees;

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

organization, both to be appointed by the governor;

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

      (13) The director of the department of transportation;

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

      (15) The director of the department of health;

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

      (17) The commissioner of the Rhode Island office of energy resources;

      (18) The chief executive officer of the Rhode Island public transit authority;

      (19) The executive director of Rhode Island housing; and

      (20) The executive director of the coastal resources management council.

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

the following powers and duties:

      (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

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

the general assembly, state and federal agencies, and other public and private bodies; approval of

strategic plans by the governor; and to ensure that strategic plans and the long-range state guide

plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the "Rhode Island

Comprehensive Planning and Land Use Regulation Act";

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

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

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

planning program;

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

jurisdiction as established by this section and amendments to it;

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

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

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

committee comprised of:

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

interests; and

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

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

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

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

council; and

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

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

activities.

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

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

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

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

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

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

other areas of the state as appropriate.

      (8) To act as the single, statewide metropolitan planning organization for transportation

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planning, and to promulgate all rules and regulations that are necessary thereto.

      (g) Division of planning.

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

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

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

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

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

established by this section and amendments thereto.

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

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

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

the public.

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

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

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

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

associated data base.

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

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

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

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

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

elements thereby.

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

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

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

resources board corporate established pursuant to chapter 15.1 of title 46 ("Water Supply

Facilities").

     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 - DEPARTMENT OF

ADMINISTRATION

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     This act would prohibit certain affordable housing programs with requirements that

exceed those set forth in the general laws of the state or ordinances of the cities and towns from

being included in the statewide planning program.

     This act would take effect upon passage.

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