2013 -- S 0061

=======

LC00200

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND

REGULATORY REFORM ACT

     Introduced By: Senators Sheehan, Lynch, Miller, Lombardi, and Pearson

     Date Introduced: January 16, 2013

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 42-64.13-7 of the General Laws in Chapter 42-64.13 entitled

1-2

"Rhode Island Regulatory Reform Act" is hereby amended to read as follows:

1-3

     42-64.13-7. Powers of the office of regulatory reform. -- The office of regulatory

1-4

reform shall have the following powers:

1-5

      (1) The director of the office of regulatory reform is authorized to intervene or otherwise

1-6

participate in any regulatory or permitting matter pending before any executive branch agency or

1-7

department or before any municipal board, commission, agency or subdivision thereof at which a

1-8

regulatory or permitting matter is pending for the expressed net benefit of a business. The director

1-9

of the office of regulatory reform may so intervene or otherwise participate in such pending

1-10

regulatory and permitting matters by providing written notice to the director of any department or

1-11

state agency in the executive branch, or the chairman or presiding officer over any municipal

1-12

department or subdivision thereof at which a regulatory or permitting matter is pending, that the

1-13

director of the office of regulatory reform is so intervening or otherwise participating in such

1-14

regulatory or permitting matter pending before such department, agency, board or commission.

1-15

The director of the office of regulatory reform shall be considered a party to the action and shall

1-16

be provided reasonable notice of any and all administrative hearings or meetings involving the

1-17

parties in such matter and shall be the opportunity to participate in such meetings, hearings or

1-18

other administrative procedures of such entity, of which such opportunity may be waived only by

1-19

writing from the director of the office of regulatory reform, for the purpose of assuring the

2-1

efficient and consistent implementation of rules and regulations in order to foster the creation and

2-2

retention of jobs in Rhode Island or otherwise foster economic development in Rhode Island

2-3

consistent with the purposes of this act. Any intervention or participation by the director of the

2-4

office of regulatory reform, other than in contested cases, shall not be deemed to violate the

2-5

provisions of the Rhode Island administrative procedures act at Title 42, Chapter 35 of the

2-6

general laws. Provided, however, all contested cases shall be conducted in accordance with the

2-7

provisions for hearings of contested cases in the administrative procedures act, Title 42, Chapter

2-8

35, of the general laws. As used in this section, the term "contested case" means a proceeding in

2-9

which conflicting rights between adverse parties are required by law to be determined in an

2-10

adversary proceeding that is judicial or quasi-judicial in nature, and not purely administrative in

2-11

character, before and/or by an agency.

2-12

      (2) Promptly upon such intervention as set forth in subdivision (1) above, the director of

2-13

the office of regulatory reform shall publish its rationale for its intervention in such pending

2-14

regulatory or permitting matter. The director of the office of regulatory reform may so intervene

2-15

upon findings that:

2-16

      (i) That the pending, regulatory or permitting action, in and of itself or as part of a

2-17

regulatory process, has significant economic development impact upon the state or any

2-18

municipality herein; and

2-19

      (ii) The pending regulatory or permitting matter, in and of itself or as part of a regulatory

2-20

process, has significant impact on any industry, trade, profession or business that provides

2-21

significant jobs or other significant economic development impact, including municipal and state

2-22

taxes or other revenues, to the state or its citizens.

2-23

      (iii) The office of regulatory reform shall upon the conclusion of each fiscal quarter

2-24

promptly provide to the office of the governor and the general assembly through the offices of the

2-25

president of the senate and the speaker of the house of representatives a written report identifying:

2-26

      (A) All matters in which the director of the office of regulatory reform intervened;

2-27

      (B) The rationale for his or her intervention;

2-28

      (C) The status of the pending regulatory or permitting matter; and

2-29

      (D) Any observations or recommendations from the director of the office of regulatory

2-30

reform with respect to such regulatory or permitting policies or procedures relating to the subject

2-31

matter of such pending regulatory or permitting matters in which the director so intervened. ; and

2-32

     (E) The status of the agency rule review required pursuant to subsection 42-35-3.4(d)

2-33

including the number of rules reviewed within the previous quarter, the number of rules amended

2-34

or rescinded and the estimated aggregate impact of such amendments or rescissions on businesses

3-1

in Rhode Island.

3-2

      (3) The office of regulatory reform is authorized to appear as an amicus curiae in any

3-3

legal proceeding relating to any matter.

3-4

      (4) The office of regulatory reform is authorized to coordinate with and support the

3-5

building commissioner and fire marshal in the development and implementation of a standard

3-6

statewide process for electronic plan review, permit management and inspection.

3-7

      (5) The office of regulatory reform is authorized to coordinate, provide technical

3-8

assistance, and oversee state agency regulatory review and accompanying economic impact

3-9

statements on small businesses.

3-10

     SECTION 2. This act shall take effect upon passage.

=======

LC00200

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND

REGULATORY REFORM ACT

***

4-1

     This act would require the office of regulatory reform to include, in its written report to

4-2

the governor and the general assembly, as estimated aggregate impact of regulatory rule

4-3

amendments or rescissions on businesses in Rhode Island.

4-4

     This act would take effect upon passage.

=======

LC00200

=======