2019 -- S 0822

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LC002327

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - THE RHODE ISLAND

MUNICIPAL INFRASTRUCTURE GRANT PROGRAM

     

     Introduced By: Senators Pearson, Satchell, Cano, Seveney, and Paolino

     Date Introduced: April 30, 2019

     Referred To: Senate Finance

     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.

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     (a) Findings. The general assembly finds that the people of this state have a fundamental

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interest in the orderly development of the state; the state has a positive interest and demonstrated

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need for establishment of a comprehensive, strategic state planning process and the preparation,

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maintenance, and implementation of plans for the physical, economic, and social development of

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the state; the continued growth and development of the state presents problems that cannot be met

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by the cities and towns individually and that require effective planning by the state; and state and

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local plans and programs must be properly coordinated with the planning requirements and

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programs of the 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 ensure 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 the

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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 Rhode Island League of Cities and Towns or his or her designee

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

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

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     (8) The executive director of the Rhode Island 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) Six (6) public members, appointed by the governor, one of whom shall be an

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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;

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     (16) The chief executive officer of the commerce corporation;

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

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

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

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

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

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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 § 42-35-3, and to recommend and encourage implementation of these goals to

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

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

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

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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, who 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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     (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.

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     (9) To establish review criteria, evaluate applications, approve and issue grants, and assist

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municipalities pursuant to the provisions of chapter 11.4 of title 42, and any rules or regulations

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promulgated thereunder.

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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, § 4, and by P.L. 2011, ch. 313, § 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 15 of title 46 ("Water Resources Board") and the water

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

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Facilities").

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     SECTION 2. Section 42-11.4-1 of the General Laws in Chapter 42-11.4 entitled "The

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Rhode Island Municipal Infrastructure Grant Program" is hereby amended to read as follows:

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     42-11.4-1. Establishment.

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     The Rhode Island municipal infrastructure grant program is hereby created within the

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department of administration and is subject to grant funding. State funds or appropriations shall

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not be utilized in connection with the implementation of this section. Upon the approval of the

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state planning council, and subject to the appropriations provided to the program, the The

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department of administration is authorized to:

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     (1) Issue public infrastructure grants to municipalities and other public instrumentalities

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for design, construction, building, land acquisition, rehabilitation, repair, and other improvements

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to publicly owned infrastructure including, but not limited to, sewers, utility extensions, streets,

 

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roads, curb-cuts, parking, water-treatment systems, telecommunications systems, transit

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improvements, and pedestrian ways; and

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     (2) Assist municipalities to advance projects that support job creation and expansion,

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housing development and rehabilitation, community development projects in areas or districts

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that communities have determined are best suited to efficiently accommodate future growth and

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redevelopment, largely in previously developed areas with some level of existing or planned

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infrastructure.

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     SECTION 3. 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 - THE RHODE ISLAND

MUNICIPAL INFRASTRUCTURE GRANT PROGRAM

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     This act would remove the prohibition on state appropriations to the municipal

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infrastructure grant program, and authorize the state planning council to evaluate, approve and

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issue such grants, subject to the appropriations provided to the program.

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     This act would take effect upon passage.

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