(a)  Any state agency with regulatory or permitting authority over a business shall not require prior approval of one or more state or municipal agencies before beginning its review and approval process. Such state agencies shall establish a process whereby the agency will conduct a simultaneous review and approval process with the one or more state or municipal agencies. State agencies may require, if applicable, evidence by the business of a preliminary determination by the municipality that the subject proposal is consistent with the applicable municipal zoning ordinances.

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Terms Used In Rhode Island General Laws 42-35-3.5

  • agency: means a state agency, authority, board, bureau, commission, department, district, division, institution, office, officer, quasi-public agency, or other political subdivisions created by the general assembly or the governor, other than the legislature or the judiciary, that is authorized by law of this state to make rules or to determine contested cases. See Rhode Island General Laws 42-35-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • License: includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes. See Rhode Island General Laws 42-35-1
  • Licensing: includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license. See Rhode Island General Laws 42-35-1

(b)  Nothing in this section shall entitle a business to recoup or recover any costs or fees associated with the simultaneous regulatory or permitting process. If one or more state or municipal agencies fail to approve a permit, license, or regulatory application, thereby influencing the granting of a contingent approval from another municipal or state entity, the business may not recover any associated costs from the agencies involved in the simultaneous review process; provided, that this section shall not affect the ability of a business to recoup or recover costs associated with the licensing, permitting, or application processes allowed under any other chapter.

(c)  All state agencies shall inform businesses of the possibility that one or more other state agencies may fail to approve a contingent permit, license, or regulatory application, and that the business may not recoup or recover costs associated with one application due to the denial or disapproval of another.

History of Section.
P.L. 2010, ch. 247, § 2; P.L. 2010, ch. 258, § 2; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.