Chapter 258
2010 -- S 2849 SUBSTITUTE A
Enacted 06/29/10
A N A C T
RELATING TO
MAKING IT EASIER TO DO BUSINESS IN RHODE
Introduced
By: Senators Sheehan, Metts,
Date Introduced: May 04, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Legislative Findings:
The
State of
to take advantage of opportunities as they emerge, yet
the sequential nature of state regulatory
and permitting review processes can significantly impede
the ability of a business to react
quickly.
Oftentimes,
a company will be forced to wait for the completion of one approval process
before moving on to the next, despite an apparent lack of
relationship among the sequential steps
in the process.
Several
regulatory and permitting processes can be completed simultaneously, speeding
up the approval process for businesses, without harm to
the health, public safety, environment or
economic concerns.
Allowing
for simultaneous review and approval across state agencies and departments
can help assist small businesses move more rapidly
through the state regulatory process; enabling
businesses to start and grow faster.
SECTION 2. Chapter 42-35 of the General Laws entitled
"Administrative Procedures" is
hereby amended by adding thereto the following section:
42-35-3.5.
Simultaneous regulatory, licensing, and permitting processes.
– (a) Any
state agency with regulatory or permitting authority over a
business shall establish a process
whereby, at the option of the business and, if applicable,
upon the presentation by the business of
a preliminary determination by the municipality that
the subject proposal is consistent with the
applicable municipal zoning ordinances, the agency will conduct
a simultaneous review and
approval process with one or more other state or municipal
agencies, and will not require prior
approval of one or more state or municipal agency before
beginning the review and approval
process.
(b) Nothing in this
section shall entitle a business to recoup or recover any costs or fees
associated with the simultaneous regulatory or permitting
process. If one or more state or
municipal agencies fail to approve a permit, license, or
regulatory application, thereby
influencing the granting of a contingent approval from another municipal
or state entity, the
business may not recover any associated costs from the
agencies involved in the simultaneous
review process; provided, that this section shall not effect
the ability of a business to recoup or
recover costs associated with the licensing, permitting, or
application processes allowed under
any other chapter.
(c) All state
agencies shall inform businesses of the possibility that one or more other
state agencies may fail to approve a contingent permit,
license, or regulatory application, and that
the business may not recoup or recover costs associated
with one application due to the denial or
disapproval of another.
SECTION 3. This act shall take effect on January 1, 2011.
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LC01571/SUB A
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