Chapter 244 |
2019 -- S 0586 Enacted 07/15/2019 |
A N A C T |
RELATING TO PUBLIC PROPERTY AND WORKS |
Introduced By: Senators Lombardo, Ciccone, Lombardi, Lawson, and McCaffrey |
Date Introduced: March 14, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 37-6-2 of the General Laws in Chapter 37-6 entitled "Acquisition of |
Land" is hereby amended to read as follows: |
37-6-2. Rules, regulations, and procedures of committee. |
(a) The state properties committee is hereby authorized and empowered to adopt and |
prescribe rules of procedure and regulations, and from time to time amend, change, and eliminate |
rules and regulations, and make such orders and perform such actions as it may deem necessary |
to the proper administration of this chapter and §§ 37-7-1 -- 37-7-9. In the performance of the |
commission's duties hereunder, the commission may in any particular case prescribe a variation |
in procedure or regulation when it shall deem it necessary in view of the exigencies of the case |
and the importance of speedy action in order to carry out the intent and purpose of this chapter |
and §§ 37-7-1 -- 37-7-9. The commission shall file written notice thereof in the office of the |
secretary of state. All filings shall be available for public inspection. |
(b) The following siting criteria shall be utilized whenever current existing leases expire |
or additional office space is needed: |
(1) A preference shall be given to sites designated as enterprise zone census tracts |
pursuant to chapter 64.3 of title 42, or in blighted and/or substandard areas pursuant to § 45-31-8, |
or in downtown commercial areas where it can be shown the facilities would make a significant |
impact on the economic vitality of the community's central business district; |
(2) Consideration should be given to adequate access via public transportation for both |
employees as well as the public being served, and, where appropriate, adequate parking; and |
(3) A site must be consistent with the respective community's local comprehensive plan; |
and. |
(4) The division of planning within the department of administration shall be included in |
the evaluation of all future lease proposals. |
(c) The state properties committee shall explain, in writing, how each site selected by the |
committee for a state facility meets the criteria described in subsection (b) of this section. |
(d) For any lease, rental agreement, or extension of an existing rental agreement for |
leased office and operating space which that carries a term of five (5) years or longer, including |
any options or extensions that bring the total term to five (5) years or longer, where the state is the |
tenant and the aggregate rent of the terms exceeds five hundred thousand dollars ($500,000), the |
state properties committee shall request approval of the general assembly prior to entering into |
any new agreements or signing any extensions with existing landlords. The state properties |
committee, in the form of a resolution, shall provide information relating to the purpose of the |
lease or rental agreement, the agency's current lease or rental costs, the expiration date of any |
present lease or rental agreement, the range of costs of a new lease or rental agreement, the |
proposed term of a new agreement, and the location and owner of the desired property. |
SECTION 2. Sections 45-23-53 and 45-23-54 of the General Laws in Chapter 45-23 |
entitled "Subdivision of Land" are hereby amended to read as follows: |
45-23-53. Local regulations -- Public hearing and notice requirements. |
(a) No local regulations shall be adopted, repealed, or amended until after a public |
hearing has been held upon the question before the city or town planning board. The city or town |
planning board shall first give notice of the public hearing by publication of notice in a newspaper |
of general circulation within the municipality at least once each week for three (3) successive |
weeks prior to the date of the hearing, which may include the week in which the hearing is to be |
held. At this hearing, opportunity shall be given to all persons interested on being heard upon the |
matter of the proposed regulations. Written notice, which may be a copy of the newspaper notice, |
shall be mailed to the statewide planning program of the Rhode Island department of |
administration at least two (2) weeks prior to the hearing. The newspaper notice shall be |
published as a display advertisement, using a type size at least as large as the normal type size |
used by the newspaper in its news articles, and shall: |
(1) Specify the place of the hearing and the date and time of its commencement; |
(2) Indicate that adoption, amendment, or repeal of local regulations is under |
consideration; |
(3) Contain a statement of the proposed amendments to the regulations that may be |
printed once in its entirety, or may summarize or describe the matter under consideration as long |
as the intent and effect of the proposed regulation is expressly written in that notice; |
(4) Advise those interested where and when a copy of the matter under consideration may |
be obtained or examined and copied; and |
(5) State that the proposals shown on the notice may be altered or amended prior to the |
close of the public hearing without further advertising as a result of further study or because of |
the views expressed at the public hearing. Any alteration or amendment must be presented for |
comment in the course of the hearing. |
(b) Notice of the public hearing shall be sent by first-class mail to the city or town |
planning board of any municipality where there is a public or quasi-public water source, or |
private water source that is used, or is suitable for use, as a public water source, located within |
two thousand feet (2,000') of the municipal boundaries. |
(c) Notice of a public hearing shall be sent to the governing body of any state or |
municipal water department or agency, special water district, or private water company that has |
riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for |
use, as a public water source, located within either the municipality or two thousand feet (2,000') |
of the municipal boundaries; provided, that a map survey has been filed with the building |
inspector as specified in § 45-24-53(f). |
(d) Notwithstanding any of the requirements set forth in subsections (a) through (c) |
above, each municipality shall establish and maintain a public notice registry allowing any person |
or entity to register for electronic notice of any changes to the local regulations. Municipalities |
shall annually provide public notice of the existence of said the registry by a publication of notice |
in a newspaper of general circulation within the municipality. In addition, each municipality is |
hereby encouraged to provide public notice of the existence of the public notice registry in all of |
its current and future communications with the public, including, but not limited to, governmental |
websites, electronic newsletters, public bulletins, press releases, and all other means the |
municipality may use to impart information to the local community. |
(1) Provided, however, notice pursuant to a public notice registry as per this section does |
not alone qualify a person or entity on the public notice registry as an "aggrieved party" under § |
45-24-31(4). |
(e) No defect in the form of any notice under this section renders any regulations invalid, |
unless the defect is found to be intentional or misleading. |
(f) The requirements in this section are to be construed as minimum requirements. |
45-23-54. Local regulations -- Publication and availability. |
(a) Printed copies of the local regulations are shall be available to the general public and |
shall be revised to include all amendments. Any appendices are shall also be available. A |
reasonable charge may be made for copies. |
(b) Upon publication of local regulations and any amendments to the local regulations, |
the municipality shall send a copy to the department of administration's statewide planning |
program and to the state law library. |
SECTION 3. Sections 45-24-45 and 45-24-53 of the General Laws in Chapter 45-24 |
entitled "Zoning Ordinances" are hereby amended to read as follows: |
45-24-45. General provisions -- Publication and availability of zoning ordinances. |
(a) Printed copies of the zoning ordinance and map(s) of a city or town shall be available |
to the general public and revised to include all amendments. A reasonable charge may be made |
for copies to reflect printing and distribution costs. |
(b) Upon publication of a zoning ordinance and map, and any amendments to them, the |
city or town clerk shall send a copy, without charge,,to the statewide planning program of the |
department of administration and to the state law library. |
45-24-53. Adoption -- Notice and hearing requirements. |
(a) No zoning ordinance shall be adopted, repealed, or amended until after a public |
hearing has been held upon the question before the city or town council. The city or town council |
shall first give notice of the public hearing by publication of notice in a newspaper of general |
circulation within the city or town at least once each week for three (3) successive weeks prior to |
the date of the hearing, which may include the week in which the hearing is to be held, at which |
hearing opportunity shall be given to all persons interested to be heard upon the matter of the |
proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be |
mailed to the statewide planning program of the department of administration, and, where |
applicable, to the parties specified in subsections (b), (c), (d), (e), and (f) of this section, at least |
two (2) weeks prior to the hearing. The newspaper notice shall be published as a display |
advertisement, using a type size at least as large as the normal type size used by the newspaper in |
its news articles, and shall: |
(1) Specify the place of the hearing and the date and time of its commencement; |
(2) Indicate that adoption, amendment, or repeal of a zoning ordinance is under |
consideration; |
(3) Contain a statement of the proposed amendments to the ordinance that may be printed |
once in its entirety, or summarize and describe the matter under consideration as long as the |
intent and effect of the proposed ordinance is expressly written in that notice; |
(4) Advise those interested where and when a copy of the matter under consideration may |
be obtained or examined and copied; and |
(5) State that the proposals shown on the ordinance may be altered or amended prior to |
the close of the public hearing without further advertising, as a result of further study or because |
of the views expressed at the public hearing. Any alteration or amendment must be presented for |
comment in the course of the hearing. |
(b) Where a proposed general amendment to an existing zoning ordinance includes |
changes in an existing zoning map, public notice shall be given as required by subsection (a) of |
this section. |
(c) Where a proposed text amendment to an existing zoning ordinance would cause a |
conforming lot of record to become nonconforming by lot area or frontage, written notice shall be |
given to all owners of the real property as shown on the current real estate tax assessment records |
of the city or town. The notice shall be given at least two (2) weeks prior to the hearing at which |
the text amendment is to be considered, with the content required by subsection (a). If the city or |
town zoning ordinance contains an existing merger clause to which the nonconforming lots would |
be subject, the notice shall include reference to the merger clause and the impacts of common |
ownership of nonconforming lots. The sender of the notice shall utilize and obtain a United States |
Postal Service certificate of mailing, and the certificate or an electronic copy thereof shall be |
retained to demonstrate proof of the mailing. |
(d) Where a proposed amendment to an existing ordinance includes a specific change in a |
zoning district map, but does not affect districts generally, public notice shall be given as required |
by subsection (a) of this section, with the additional requirements that: |
(1) Notice shall include a map showing the existing and proposed boundaries, zoning |
district boundaries, existing streets and roads and their names, and city and town boundaries |
where appropriate; and |
(2) Written notice of the date, time, and place of the public hearing and the nature and |
purpose of the hearing shall be sent to all owners of real property whose property is located in or |
within not less than two hundred feet (200') of the perimeter of the area proposed for change, |
whether within the city or town or within an adjacent city or town. Notice shall also be sent to any |
individual or entity holding a recorded conservation or preservation restriction on the property |
that is the subject of the amendment. The notice shall be sent by registered, certified, or first-class |
mail to the last known address of the owners, as shown on the current real estate tax assessment |
records of the city or town in which the property is located; provided, for any notice sent by first- |
class mail, the sender of the notice shall utilize and obtain a United States Postal Service |
certificate of mailing, PS form 3817, or any applicable version thereof, to demonstrate proof of |
such mailing. |
(e) Notice of a public hearing shall be sent by first-class mail to the city or town council |
of any city or town to which one or more of the following pertain: |
(1) That is located in or within not less than two hundred feet (200') of the boundary of |
the area proposed for change; or |
(2) Where there is a public or quasi-public water source, or private water source that is |
used, or is suitable for use, as a public water source, within two thousand feet (2,000') of any real |
property that is the subject of a proposed zoning change, regardless of municipal boundaries. |
(f) Notice of a public hearing shall be sent to the governing body of any state or |
municipal water department or agency, special water district, or private water company that has |
riparian rights to a surface water resource or surface watershed that is used, or is suitable for use, |
as a public water source and that is within two thousand feet (2,000') of any real property that is |
the subject of a proposed zoning change; provided, that the governing body of any state or |
municipal water department or agency, special water district, or private water company has filed |
with the building inspector in the city or town a map survey, that shall be kept as a public record, |
showing areas of surface water resources and/or watersheds and parcels of land within two |
thousand feet (2,000') thereof. |
(g) Notwithstanding any of the requirements set forth in subsections (a) through (e), each |
municipality shall establish and maintain a public notice registry allowing any person or entity to |
register for electronic notice of any changes to the zoning ordinance. The city or town shall |
provide public notice annually of the existence of the electronic registry by publication of notice |
in a newspaper of general circulation within the city or town. In addition, each municipality is |
hereby encouraged to provide public notice of the existence of the public notice registry in all of |
its current and future communications with the public, including, but not limited to, governmental |
websites, electronic newsletters, public bulletins, press releases, and all other means the |
municipality may use to impart information to the local community. |
(1) Provided, however, notice pursuant to a public notice registry as per this section does |
not alone qualify a person or entity on the public notice registry as an "aggrieved party" under § |
45-24-31(4). |
(h) No defect in the form of any notice under this section shall render any ordinance or |
amendment invalid, unless the defect is found to be intentional or misleading. |
(i) Costs of any notice required under this section shall be borne by the applicant. |
(j) In granting a zoning ordinance amendment, notwithstanding the provisions of § 45-24- |
37, the town or city council may limit the change to one of the permitted uses in the zone to |
which the subject land is rezoned and impose limitations, conditions, and restrictions, including, |
without limitation: (1) Requiring the petitioner to obtain a permit or approval from any and all |
state or local governmental agencies or instrumentalities having jurisdiction over the land and use |
that are the subject of the zoning change; (2) Those relating to the effectiveness or continued |
effectiveness of the zoning change; and/or (3) Those relating to the use of the land as it deems |
necessary. The responsible town or city official shall cause the limitations and conditions so |
imposed to be clearly noted on the zoning map and recorded in the land evidence records; |
provided, that in the case of a conditional zone change, the limitations, restrictions, and |
conditions shall not be noted on the zoning map until the zone change has become effective. If the |
permitted use for which the land has been rezoned is abandoned or if the land is not used for the |
requested purpose for a period of two (2) years or more after the zone change becomes effective, |
the town or city council may, after a public hearing, change the land to its original zoning use |
before the petition was filed. If any limitation, condition, or restriction in an ordinance is held to |
be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to |
be invalid. |
(k) The above requirements are to be construed as minimum requirements. |
SECTION 4. Section 46-23-17 of the General Laws in Chapter 46-23 entitled "Coastal |
Resources Management Council" is hereby repealed. |
46-23-17. Annual progress report on rights-of-way. |
Within ninety (90) days after the end of each fiscal year, the council shall submit a |
written progress report on the development of public rights-of-way to the tidal water areas of the |
state, to the state planning council, the department of environmental management, and the joint |
committee on the environment, for review, evaluation, and recommendation of the program's |
suitability, relevance to the recreation element of the state guide plan, and impact on the natural |
resources of the state. The report shall also provide detailed records of expenditures and a |
proposed schedule of future projects. |
SECTION 5. This act shall take effect upon passage. |
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LC001873 |
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