Chapter 137
2013 -- H 5265 SUBSTITUTE A
Enacted 06/25/13
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
ENVIRONMENTAL
MANAGEMENT
Introduced
By: Representatives Mattiello, Marcello,
Ackerman,
Date Introduced: February 06, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 42-17.1-2.5 of the General Laws in
Chapter 42-17.1 entitled
"Department of
Environmental Management" is hereby amended to read as follows:
42-17.1-2.5. Tolling of expiration periods. -- (a) Notwithstanding any other provision
set forth in this chapter, all periods pertaining to the
expiration of any approval or permit issued
pursuant to any state statute or any regulation promulgated
thereto pertaining to the development
of property shall be tolled until June 30, 2013 June
30, 2015. For the purposes of this section,
"tolling" means the
suspension or temporary stopping of the running of the applicable permit or
approval period.
(b) Said tolling need
not be recorded in the land evidence records to be valid; however, a
notice of the tolling must be posted in the municipal
planning department and near the land
evidence records.
(c) The tolling shall
apply only to approvals or permits in effect on November 9, 2009
and those issued between November 9, 2009 and June 30,
2013 June 30, 2015 and shall not
revive expired approvals or permits.
(d) The expiration
dates for all permits and approvals issued before the tolling period
began will be recalculated as of July 1, 2013 July
1, 2015 by adding thereto the number of days
between November 9, 2009 and the day on which the permit or
approval would otherwise have
expired. The expiration dates for all permits and approvals
issued during the tolling period will be
recalculated as of July 1, 2013 July 1, 2015 by
adding thereto the number of days between the day
the permit or approval was issued and the day the permit
or approval otherwise would have
expired.
SECTION 2. Section 45-23-63.1 of the General Laws in Chapter
45-23 entitled
"Subdivision of
Land" is hereby amended to read as follows:
45-23-63.1.
Procedure -- Tolling of expiration periods. -- (a)
Notwithstanding any
other provision set forth in this chapter, all periods
pertaining to the expiration of any approval
issued pursuant to the local regulations promulgated under
this chapter shall be tolled until June
30, 2013 June
30, 2015. For the purposes of this section, "tolling" shall mean
the suspension or
temporary stopping of the running of the applicable permit or
approval period.
(b) Said tolling need
not be recorded in the land evidence records to be valid; however, a
notice of the tolling must be posted in the municipal
planning department and near the land
evidence records.
(c) The tolling shall
apply only to approvals or permits in effect on November 9, 2009
and those issued between November 9, 2009 and June 30,
2013 June 30, 2015, and shall not
revive expired approvals.
(d) The expiration
dates for all permits and approvals issued before the tolling period
began will be recalculated as of July 1, 2013 July
1, 2015 by adding thereto the number of days
between November 9, 2009 and the day on which the permit or
approval would otherwise have
expired. The expiration dates for all permits and approvals
issued during the tolling period will be
recalculated as of July 1, 2013 July 1, 2015 by
adding thereto the number of days between the day
the permit or approval was issued and the day the permit
or approval otherwise would have
expired.
SECTION 3. Section 45-24-61.1 of the General Laws in Chapter
45-24 entitled "Zoning
Ordinances" is hereby
amended to read as follows:
45-24-61.1.
Procedure -- Tolling of expiration periods. -- (a)
Notwithstanding any
other provision set forth in this chapter, all periods
pertaining to the expiration of any approval
issued pursuant to the local ordinances promulgated under
this chapter shall be tolled until June
30, 2013 June
30, 2015. For the purposes of this section, "tolling" shall mean
the suspension or
temporary stopping of the running of the applicable permit or
approval period.
(b) Said tolling need not
be recorded in the land evidence records to be valid, however, a
notice of the tolling must be posted in the municipal
planning department, and near the land
evidence records.
(c) The tolling shall
apply only to approvals or permits in effect on November 9, 2009
and those issued between November 9, 2009 and June 30,
2013 June 30, 2015 and shall not
revive expired approvals.
(d) The expiration
dates for all permits and approvals issued before the tolling period
began will be recalculated as of July 1, 2013 July
1, 2015 by adding thereto the number of days
between November 9, 2009 and the day on which the permit or
approval would otherwise have
expired. The expiration dates for all permits and approvals
issued during the tolling period will be
recalculated as of July 1, 2013 July 1, 2015 by
adding thereto the number of days between the day
the permit or approval was issued and the day the permit
or approval otherwise would have
expired.
SECTION 4. Section 46-23-6.3 of the General Laws in Chapter
46-23 entitled "Coastal
Resources Management
Council" is hereby amended to read as follows:
46-23-6.3. Tolling of expiration periods. -- (a) Notwithstanding any other provision set
forth in this chapter, all periods pertaining to the
expiration of any approval or permit issued
pursuant to any state statute or any regulation promulgated
thereto pertaining to the development
of property shall be tolled until June 30, 2013 June
30, 2015. For the purposes of this section,
"tolling" means the
suspension or temporary stopping of the running of the applicable permit or
approval period.
(b) Said tolling need
not be recorded in the land evidence records to be valid, however, a
notice of the tolling must be posted in the municipal planning
department and near the land
evidence records.
(c) The tolling shall
apply only to approvals or permits in effect on November 9, 2009
and those issued between November 9, 2009 and June 30,
2013 June 30, 2015, and shall not
revive expired approvals or permits.
(d) The expiration dates
for all permits and approvals issued before the tolling period
began will be recalculated as of July 1, 2013 July
1, 2015 by adding thereto the number of days
between November 9, 2009 and the day on which the permit or
approval would otherwise have
expired. The expiration dates for all permits and approvals
issued during the tolling period will be
recalculated as of July 1, 2013 July 1, 2015 by
adding thereto the number of days between the day
the permit or approval was issued and the day the permit
or approval otherwise would have
expired.
SECTION 5. This
act shall take effect upon passage and shall apply to approvals and
permits in effect on November 9, 2009 and those issued between
November 9, 2009 and June 30,
2015, but shall not revive
any expired approval or permit.
=======
LC00851/SUB A
=======