2013 -- H 5265

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LC00851

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

     Introduced By: Representatives Mattiello, Marcello, Ackerman, Lima, and Tomasso

     Date Introduced: February 06, 2013

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-17.1-2.5 of the General Laws in Chapter 42-17.1 entitled

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"Department of Environmental Management" is hereby amended to read as follows:

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     42-17.1-2.5. Tolling of expiration periods. -- (a) Notwithstanding any other provision

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set forth in this chapter, all periods pertaining to the expiration of any approval or permit issued

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pursuant to any state statute or any regulation promulgated thereto pertaining to the development

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of property shall be tolled until June 30, 2013 2015. For the purposes of this section, "tolling"

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means the suspension or temporary stopping of the running of the applicable permit or approval

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period.

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      (b) Said tolling need not be recorded in the land evidence records to be valid; however, a

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notice of the tolling must be posted in the municipal planning department and near the land

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evidence records.

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      (c) The tolling shall apply only to approvals or permits in effect on November 9, 2009

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and those issued between November 9, 2009 and June 30, 2013 2015 and shall not revive expired

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approvals or permits.

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      (d) The expiration dates for all permits and approvals issued before the tolling period

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began will be recalculated as of July 1, 2013 2015 by adding thereto the number of days between

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November 9, 2009 and the day on which the permit or approval would otherwise have expired.

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The expiration dates for all permits and approvals issued during the tolling period will be

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recalculated as of July 1, 2013 2015 by adding thereto the number of days between the day the

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permit or approval was issued and the day the permit or approval otherwise would have expired.

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     SECTION 2. Section 45-23-63.1 of the General Laws in Chapter 45-23 entitled

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"Subdivision of Land" is hereby amended to read as follows:

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     45-23-63.1. Procedure -- Tolling of expiration periods. -- (a) Notwithstanding any

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other provision set forth in this chapter, all periods pertaining to the expiration of any approval

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issued pursuant to the local regulations promulgated under this chapter shall be tolled until June

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30, 2013 2015. For the purposes of this section, "tolling" shall mean the suspension or temporary

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stopping of the running of the applicable permit or approval period.

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      (b) Said tolling need not be recorded in the land evidence records to be valid; however, a

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notice of the tolling must be posted in the municipal planning department and near the land

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evidence records.

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      (c) The tolling shall apply only to approvals or permits in effect on November 9, 2009

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and those issued between November 9, 2009 and June 30, 2013 2015, and shall not revive expired

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approvals.

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      (d) The expiration dates for all permits and approvals issued before the tolling period

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began will be recalculated as of July 1, 2013 2015 by adding thereto the number of days between

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November 9, 2009 and the day on which the permit or approval would otherwise have expired.

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The expiration dates for all permits and approvals issued during the tolling period will be

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recalculated as of July 1, 2013 2015 by adding thereto the number of days between the day the

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permit or approval was issued and the day the permit or approval otherwise would have expired.

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     SECTION 3. Section 46-23-6.3 of the General Laws in Chapter 46-23 entitled "Coastal

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Resources Management Council" is hereby amended to read as follows:

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     46-23-6.3. Tolling of expiration periods. -- (a) Notwithstanding any other provision set

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forth in this chapter, all periods pertaining to the expiration of any approval or permit issued

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pursuant to any state statute or any regulation promulgated thereto pertaining to the development

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of property shall be tolled until June 30, 2013 2015. For the purposes of this section, "tolling"

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means the suspension or temporary stopping of the running of the applicable permit or approval

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period.

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      (b) Said tolling need not be recorded in the land evidence records to be valid, however, a

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notice of the tolling must be posted in the municipal planning department and near the land

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evidence records.

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      (c) The tolling shall apply only to approvals or permits in effect on November 9, 2009

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and those issued between November 9, 2009 and June 30, 2013 2015, and shall not revive expired

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approvals or permits.

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      (d) The expiration dates for all permits and approvals issued before the tolling period

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began will be recalculated as of July 1, 2013 2015 by adding thereto the number of days between

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November 9, 2009 and the day on which the permit or approval would otherwise have expired.

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The expiration dates for all permits and approvals issued during the tolling period will be

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recalculated as of July 1, 2013 2015 by adding thereto the number of days between the day the

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permit or approval was issued and the day the permit or approval otherwise would have expired.

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     SECTION 4. This act shall take effect upon passage and shall apply to approvals and

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permits in effect on November 9, 2009, and those issued between November 9, 2009, and June

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30, 2015, but shall not revive any expired approval or permit.

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LC00851

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

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     This act would extend the expiration dates pertaining to any approval or permit pursuant

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to any state law or pursuant to the local ordinances promulgated under state law.

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     This act would take effect upon passage, and would apply to those approvals and permits

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in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2015,

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but would not revive any expired approval or permit.

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LC00851

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