2024 -- S 2995

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LC005873

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ADMINISTRATION

     

     Introduced By: Senator Tiara T. Mack

     Date Introduced: April 16, 2024

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-11-2 and 42-11-10 of the General Laws in Chapter 42-11 entitled

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"Department of Administration" are hereby amended to read as follows:

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     42-11-2. Powers and duties of department.

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     The department of administration shall have the following powers and duties:

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     (1) To prepare a budget for the several state departments and agencies, subject to the

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direction and supervision of the governor;

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     (2) To administer the budget for all state departments and agencies, except as specifically

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exempted by law;

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     (3) To devise, formulate, promulgate, supervise, and control accounting systems,

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procedures, and methods for the state departments and agencies, conforming to such accounting

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standards and methods as are prescribed by law;

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     (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and

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services needed by state departments and agencies, except as specifically exempted by law;

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     (5) To prescribe standard specifications for those purchases and contracts and to enforce

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compliance with specifications;

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     (6) To supervise and control the advertising for bids and awards for state purchases;

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     (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus

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and salvage, and the transfer to or between state departments and agencies of needed supplies,

 

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equipment, and materials;

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     (8) To maintain, equip, and keep in repair the state house, state office building, and other

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premises owned or rented by the state for the use of any department or agency, excepting those

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buildings, the control of which is vested by law in some other agency;

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     (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and

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property, real and personal;

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     (10) To require reports from state agencies on the buildings and property in their custody;

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     (11) To issue regulations to govern the protection and custody of the property of the state;

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     (12) To assign office and storage space and to rent and lease land and buildings for the use

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of the several state departments and agencies in the manner provided by law;

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     (13) To control and supervise the acquisition, operation, maintenance, repair, and

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replacement of state-owned motor vehicles by state agencies;

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     (14) To maintain and operate central duplicating and mailing service for the several state

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departments and agencies;

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     (15) To furnish the several departments and agencies of the state with other essential office

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services;

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     (16) To survey and examine the administration and operation of the state departments and

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agencies, submitting to the governor proposals to secure greater administrative efficiency and

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economy, to minimize the duplication of activities, and to effect a better organization and

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consolidation of functions among state agencies;

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     (17) To operate a merit system of personnel administration and personnel management as

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defined in § 36-3-3 in connection with the conditions of employment in all state departments and

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agencies within the classified service;

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     (18) To assign or reassign, with the approval of the governor, any functions, duties, or

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powers established by this chapter to any agency within the department;

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     (19) To establish, maintain, and operate a data processing center or centers, approve the

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acquisition and use of electronic data processing services by state agencies, furnish staff assistance

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in methods, systems and programming work to other state agencies, and arrange for and effect the

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centralization and consolidation of punch card and electronic data processing equipment and

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services in order to obtain maximum utilization and efficiency;

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     (20) To devise, formulate, promulgate, supervise, and control a comprehensive and

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coordinated statewide information system designed to improve the database used in the

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management of public resources, to consult and advise with other state departments and agencies

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and municipalities to assure appropriate and full participation in this system, and to encourage the

 

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participation of the various municipalities of this state in this system by providing technical or other

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appropriate assistance toward establishing, within those municipalities, compatible information

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systems in order to obtain the maximum effectiveness in the management of public resources;

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     (i) The comprehensive and coordinated statewide information system may shall be publicly

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available online and include a Rhode Island geographic information system of land-related

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economic, physical, cultural and natural resources, as well as zoning, wetlands and floodplain

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information.

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     (ii) In order to ensure the continuity of the maintenance and functions of the geographic

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information system, the general assembly may annually appropriate such sum as it may deem

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necessary to the department of administration for its support;

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     (21) To administer a statewide planning program including planning assistance to the state

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departments and agencies;

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     (22) To administer a statewide program of photography and photographic services;

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     (23) To negotiate with public or private educational institutions in the state, in cooperation

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with the department of health, for state support of medical education;

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     (24) To promote the expansion of markets for recovered material and to maximize their

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return to productive economic use through the purchase of materials and supplies with recycled

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content by the state of Rhode Island to the fullest extent practically feasible;

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     (25) To approve costs as provided in § 23-19-32;

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     (26) To provide all necessary civil service tests for individuals seeking employment as

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social workers at the department of human services at least twice each year and to maintain an

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adequate hiring list for this position at all times;

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     (27)(i) To prepare a report every three (3) months of all current property leases or rentals

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by any state or quasi-state agency to include the following information:

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     (A) Name of lessor;

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     (B) Description of the lease (purpose, physical characteristics, and location);

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     (C) Cost of the lease;

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     (D) Amount paid to date;

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     (E) Date initiated;

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     (F) Date covered by the lease.

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     (ii) To prepare a report by October 31, 2014, of all current property owned by the state or

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leased by any state agency or quasi-state agency to include the following information:

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     (A) Total square feet for each building or leased space;

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     (B) Total square feet for each building and space utilized as office space currently;

 

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     (C) Location of each building or leased space;

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     (D) Ratio and listing of buildings owned by the state versus leased;

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     (E) Total occupancy costs which shall include capital expenses, provided a proxy should

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be provided to compare properties that are owned versus leased by showing capital expenses on

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owned properties as a per square foot cost at industry depreciation rates;

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     (F) Expiration dates of leases;

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     (G) Number of workstations per building or leased space;

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     (H) Total square feet divided by number of workstations;

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     (I) Total number of vacant workstations;

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     (J) Percentage of vacant workstations versus total workstations available;

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     (K) Date when an action is required by the state to renew or terminate a lease;

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     (L) Strategic plan for leases commencing or expiring by June 30, 2016;

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     (M) Map of all state buildings which provides: cost per square foot to maintain, total

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number of square feet, total operating cost, date each lease expires, number of persons per building

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and total number of vacant seats per building; and

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     (N) Industry benchmark report which shall include total operating cost by full-time

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equivalent employee, total operating cost by square foot and total square feet divided by full-time

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equivalent employee;

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     (28) To prepare a report to the chairs of the house and senate finance committees by

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December 15, 2021, and each year thereafter of all current property owned by the state or leased

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by any state agency or quasi-state agency to include the following information:

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     (i) Total square feet for each building or leased space;

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     (ii) Total square feet for each building and space utilized as office space currently;

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     (iii) Location of each building or leased space;

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     (iv) Ratio and listing of buildings owned by the state versus leased;

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     (v) Total occupancy costs which shall include capital expenses, provided a proxy should

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be provided to compare properties that are owned versus leased by showing capital expenses on

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owned properties as a per square foot cost at industry depreciation rates;

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     (vi) Expiration dates of leases;

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     (vii) Number of workstations per building or leased space;

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     (viii) Total square feet divided by number of workstations;

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     (ix) Total number of vacant workstations;

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     (x) Percentage of vacant workstations versus total workstations available;

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     (xi) Date when an action is required by the state to renew or terminate a lease;

 

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     (xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each

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subsequent year thereafter;

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     (xiii) Map of all state buildings that provides: cost per square foot to maintain, total number

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of square feet, total operating cost, date each lease expires, number of persons per building and

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total number of vacant seats per building; and

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     (xiv) Industry benchmark report that shall include total operating cost by full-time

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equivalent employee, total operating cost by square foot and total square feet divided by full-time

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equivalent employee;

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     (29) To provide by December 31, 1995, the availability of automatic direct deposit to any

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recipient of a state benefit payment, provided that the agency responsible for making that payment

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generates one thousand (1,000) or more such payments each month;

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     (30) To encourage municipalities, school districts, and quasi-public agencies to achieve

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cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or

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by entering into collaborative agreements with other municipalities, districts, or agencies. To assist

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in determining whether the benefit levels including employee cost sharing and unit costs of such

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benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies

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as compared with state benefit levels and costs; and

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     (31) To administer a health benefit exchange in accordance with chapter 157 of this title.

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     42-11-10. Statewide planning program.

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     (a) Findings. The general assembly finds that the people of this state have a fundamental

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interest in the orderly development of the state; the state has a positive interest and demonstrated

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need for establishment of a comprehensive, strategic state planning process and the preparation,

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maintenance, and implementation of plans for the physical, economic, and social development of

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the state; the continued growth and development of the state presents problems that cannot be met

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by the cities and towns individually and that require effective planning by the state; and state and

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local plans and programs must be properly coordinated with the planning requirements and

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programs of the federal government.

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     (b) Establishment of statewide planning program.

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     (1) A statewide planning program is hereby established to prepare, adopt, and amend

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strategic plans for the physical, economic, and social development of the state and to recommend

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these to the governor, the general assembly, and all others concerned.

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     (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

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departments and agencies of the executive branch unless specifically exempted, shall be conducted

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by or under the supervision of the statewide planning program. The statewide planning program

 

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shall consist of a state planning council, and the division of planning, which shall be a division

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within the department of administration.

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     (c) Strategic planning. Strategic planning includes the following activities:

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     (1) Establishing or identifying general goals;

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     (2) Refining or detailing these goals and identifying relationships between them;

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     (3) Formulating, testing, and selecting policies and standards that will achieve desired

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objectives;

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     (4) Preparing long-range or system plans or comprehensive programs that carry out the

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policies and set time schedules, performance measures, and targets;

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     (5) Preparing functional, short-range plans or programs that are consistent with established

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or desired goals, objectives, and policies, and with long-range or system plans or comprehensive

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programs where applicable, and that establish measurable, intermediate steps toward their

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accomplishment of the goals, objectives, policies, and/or long-range system plans;

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     (6) Monitoring the planning of specific projects and designing of specific programs of short

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duration by the operating departments, other agencies of the executive branch, and political

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subdivisions of the state to ensure that these are consistent with, and carry out the intent of,

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applicable strategic plans; and

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     (7) Reviewing the execution of strategic plans, and the results obtained, and making

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revisions necessary to achieve established goals.

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     (d) State guide plan. Components of strategic plans prepared and adopted in accordance

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with this section may be designated as elements of the state guide plan. The state guide plan shall

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be comprised of functional elements or plans dealing with land use; physical development and

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environmental concerns; economic development; housing production; energy supply, including the

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development of renewable energy resources in Rhode Island, and energy access, use, and

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conservation; human services; climate change and resiliency; and other factors necessary to

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accomplish the objective of this section. The state guide plan shall be a means for centralizing,

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integrating, and monitoring long-range goals, policies, plans, and implementation activities related

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thereto. State agencies concerned with specific subject areas, local governments, and the public

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shall participate in the state guide planning process, which shall be closely coordinated with the

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budgeting process.

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     (e) Membership of state planning council. The state planning council shall consist of the

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following members:

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     (1) The director of the department of administration as chairperson;

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     (2) The director, policy office, in the office of the governor, as vice-chairperson;

 

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     (3) The governor, or his or her designee;

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     (4) [Deleted by P.L. 2019, ch. 88, art. 4, § 13.]

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     (5) The chairperson of the housing resources commission;

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     (6) The highest-ranking administrative officer of the division of planning, as secretary;

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     (7) The president of the Rhode Island League of Cities and Towns or his or her designee;

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     (8) The executive director of the Rhode Island League of Cities and Towns;

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     (9) Three (3) chief elected officials of cities and towns appointed by the governor after

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consultation with the Rhode Island League of Cities and Towns, one of whom shall be from a

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community with a population greater than 40,000 persons; one of whom shall be from a community

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with a population of between 20,000 and 40,000 persons; and one of whom shall be from a

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community with a population less than 20,000 persons;

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     (10) One representative of a nonprofit community development or housing organization

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appointed by the governor;

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     (11) Four (4) public members, appointed by the governor, one of whom shall be an

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employer with fewer than fifty (50) employees; one of whom shall be an employer with greater

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than fifty (50) employees; one of whom shall represent a professional planning or engineering

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organization in Rhode Island; and one of whom shall represent a chamber of commerce or

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economic development organization;

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     (12) Two (2) representatives of private, nonprofit, environmental or environmental justice

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advocacy organizations, both to be appointed by the governor;

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     (13) The director of planning and development for the city of Providence;

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     (14) The director of the department of transportation;

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     (15) The director of the department of environmental management;

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     (16) The director of the department of health;

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     (17) The chief executive officer of the commerce corporation;

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     (18) The commissioner of the Rhode Island office of energy resources;

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     (19) The chief executive officer of the Rhode Island public transit authority;

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     (20) The executive director of Rhode Island housing;

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     (21) The executive director of the coastal resources management council; and

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     (22) The director of the Rhode Island emergency management agency.

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     (f) Powers and duties of state planning council. The state planning council shall have

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the following powers and duties:

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     (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

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and to modify and amend any of these, following the procedures for notification and public hearing

 

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set forth in § 42-35-3, and to recommend and encourage implementation of these goals to the

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general assembly, state and federal agencies, and other public and private bodies; approval of

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strategic plans by the governor; and to ensure that strategic plans and the long-range state guide

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plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the “Rhode Island

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comprehensive planning and land use regulation act”;

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     (2) To coordinate the planning and development activities of all state agencies, in

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accordance with strategic plans prepared and adopted as provided for by this section;

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     (3) To review and comment on the proposed annual work program of the statewide

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planning program;

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     (4) To adopt rules and standards and issue orders concerning any matters within its

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jurisdiction as established by this section and amendments to it;

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     (5) To establish advisory committees and appoint members thereto representing diverse

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interests and viewpoints as required in the state planning process and in the preparation or

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implementation of strategic plans. At minimum, the state planning council shall appoint permanent

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committees:

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     (i) A technical committee, comprised of public members from different geographic areas

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of the state representing diverse interests along with officials of state, local, and federal

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government, who shall review all proposed elements of the state guide plan, or amendment or repeal

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of any element of the plan, and shall advise the state planning council thereon before the council

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acts on any such proposal. This committee shall also advise the state planning council on any other

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matter referred to it by the council; and

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     (ii) An executive committee consisting of major participants of a all Rhode Island

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geographic information system with oversight responsibility for its activities systems; and

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     (iii) A transportation advisory committee, made up of diverse representation, including,

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but not limited to, municipal elected and appointed officials; representatives of various

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transportation sectors, departments, and agencies; and other groups and agencies with an interest

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in transportation operations, maintenance, construction, and policy, who shall review

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transportation-related plans and amendments and recommend action to the state planning council;

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     (6) To adopt, amend, and maintain, as an element of the state guide plan or as an

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amendment to an existing element of the state guide plan, standards and guidelines for the location

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of eligible, renewable energy resources and renewable energy facilities in Rhode Island with due

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consideration for the location of such resources and facilities in commercial and industrial areas,

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agricultural areas, areas occupied by public and private institutions, and property of the state and

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its agencies and corporations, provided these areas are of sufficient size, and in other areas of the

 

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state as appropriate;

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     (7) To act as the single, statewide metropolitan planning organization for transportation

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planning, and to promulgate all rules and regulations that are necessary thereto; and

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     (8) To assist the Rhode Island infrastructure bank in establishing review criteria, evaluating

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applications, approving and issuing grants, and to assist municipalities pursuant to the provisions

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of chapter 11.4 of this title, and any rules or regulations promulgated thereunder.

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     (g) Division of statewide planning.

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     (1) The division of statewide planning shall be the principal staff agency of the state

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planning council for preparing and/or coordinating strategic plans for the comprehensive

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management of the state’s human, economic, and physical resources. The division of statewide

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planning shall recommend to the state planning council specific guidelines, standards, and

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programs to be adopted to implement strategic planning and the state guide plan and shall undertake

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any other duties established by this section and amendments thereto.

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     (2) The division of statewide planning shall maintain records (which shall consist of files

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of complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

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adopted or issued by the state planning council under this section. The records shall be open to the

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public.

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     (3) The division of statewide planning shall manage and administer the a combined and

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comprehensive Rhode Island geographic information system of land-related resources, and shall

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coordinate these efforts with other state departments and agencies, including the university of

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Rhode Island towns and cities, other agencies and nonprofits who have such systems in place, and

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the university of Rhode Island, which shall provide technical support and assistance in the

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development and maintenance of the system and its associated database. The division of statewide

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planning, in conjunction with other state agencies, the university of Rhode Island, towns and cities

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and other agencies and nonprofits who maintain similar geographic information systems, shall work

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to ensure by January 1, 2026, that there is a publicly available online comprehensive statewide

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geographic information system which includes all thirty-nine (39) towns and cities. The system

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shall include all available information, including, but not limited to, property information, existing

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land uses, zoning districts, flood zones, estimated wetlands locations, areas serviced by water and

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sewer, and dedicated open space areas.

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     (4) The division of statewide planning shall coordinate and oversee the provision of

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technical assistance to political subdivisions of the state in preparing and implementing plans to

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accomplish the purposes, goals, objectives, policies, and/or standards of applicable elements of the

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state guide plan and shall make available to cities and towns data and guidelines that may be used

 

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in preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

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elements thereby.

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     (h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4.]

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     (i) The division of planning shall be the principal staff agency of the water resources board

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established pursuant to chapter 15 of title 46 (“Water Resources Board”) and the water resources

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board corporate established pursuant to chapter 15.1 of title 46 (“Water Supply Facilities”).

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ADMINISTRATION

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     This act would require, by January 1, 2026, the creation of an online, publicly available,

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comprehensive statewide geographic information system of land related resources to include

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information from all towns and cities.

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     This act would take effect upon passage.

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