Rhode Island Code of Regulations
Title 670 - State Planning Council
Chapter 00 - N/A
Subchapter 00 - N/A
Part 1 - Rules and Standards of the State Planning Council (670-RICR-00-00-1)
Section 670-RICR-00-00-1.1 - Organization and Operation of the State Planning Council

Universal Citation: 670 RI Code of Rules 00 00 1.1

Current through September 18, 2024

1.1.1 Purpose and Authority

The purpose of this rule is to establish standard operating procedures for the State Planning Council. This rule is promulgated pursuant to R.I. Gen. Laws §§ 42-35-2(a)(1) entitled, "Administrative Procedures" and 42-11-10 entitled, "Statewide Planning Program". In general, the purposes of the State Planning Council are to provide representation of a broad range of interests and viewpoints in the state planning process, to guide the Division of Planning staff in coordinating planning activities, to approve all elements of the State Guide Plan, and to determine the consistency of certain development activities of State agencies, local government, and the private sector with the State Guide Plan.

1.1.2 Definitions

A. The following words and terms shall have the following meanings wherever used in these rules.
1. "Applicant" means any state, local, or private agency or individual seeking approval of a proposal by the State Planning Council.

2. "Chief" means the highest-ranking administrative officer of the Division of Planning as defined by R.I. Gen. Laws § 45-22.2-4 entitled, "Rhode Island Comprehensive Planning and Land Use Act".

3. "Conformance" or "Consistent", when used in reference to a finding of agreement with the State Guide Plan, means that the proposed document, program, project, or action is in accord with applicable elements of the State Guide Plan in terms of the overall goals and objectives sought, policies employed, and the results anticipated. Differences in procedure or detail that conflict with State Guide Plan objectives or results will not necessarily cause a finding of inconsistency.

4. "Council" means the State Planning Council as established by R.I. Gen. Laws § 42-11-10.

5. "Days" means calendar days unless otherwise noted.

6. "Division of Planning" means the office within the Department of Administration as established by R.I. Gen. Laws § 42-11-10. The Division of Planning serves as the principal staff agency to the State Planning Council.

7. "Project" or "Proposal" means those plans, programs, actions, activities, or undertakings which must be approved by the State Planning Council.

8. "Solid waste disposal facility" means a land disposal site designed for the final disposition of solid waste. For the purposes of these Rules, this term shall be synonymous with "landfill" and "sanitary landfill", which is a land disposal site employing an engineered method for disposal of solid waste in a manner that minimizes environmental hazards, including the spreading of solid waste in thin layers, compacting the solid waste to the smallest practical volume, and applying cover material at the end of each operating day or at such more frequent intervals as may be necessary. For the purposes of these Rules, a solid waste disposal facility shall not include, resource recovery facilities, waste-to-energy facilities, incinerators, materials recycling facilities, composting facilities, facilities that process construction and or demolition debris, or properties that have historically been used for the final deposition of solid waste that are proposed for closure, upgrade, or consolidation in order to better meet current standards of environmental protection.

9. "State agency" means any office, department, board, commission, bureau, division, authority, agency, public or quasi-public corporation and their subsidiaries, or instrumentality of the State.

10. "State Guide Plan" means all statements of goals, policies, and plans or plan elements adopted by the State Planning Council in accordance with R.I. Gen. Laws § 42-11-10(d).

11. "Technical correction" means a proposed change to text, tabular data, geographic information systems ("GIS") data, and/or cartography of an adopted element of the State Guide Plan based upon newly available information that corrects a factual error or otherwise advances the accuracy, currency, and/or clarity of data, analysis, or cartography and does not affect any goal, policy, strategy, recommendation, performance measure, or implementation action of a State Guide Plan element.

1.1.3 Membership

A. Members - The membership of the Council is established by R.I. Gen. Laws § 42-11-10(e). In addition, advisors to the Council may be invited to serve by the Governor or by the Council and may include representatives of federal or regional agencies.

B. Terms - All members shall serve until their successors are appointed.

C. Vacancies - When a vacancy occurs, the Secretary shall notify the appointing authority. The Council may suggest to the appointing authority the names of persons to fill any vacancy.

1.1.4 Officers and Duties

A. Chair - As stated in R.I. Gen. Laws § 42-11-10(e)(1), the Director of Administration is designated as Chairperson. The Chairperson shall preside at all meetings of the Council. In addition to recognizing members desiring to speak, the Chair may, in his/her discretion, authorize any other person to address the Council. The Chairperson may vote on all issues.

B. Vice-Chair - As stated in R.I. Gen. Laws § 42-11-10(e)(2), the Director of the Policy Office in the Office of the Governor is designated as Vice-Chairperson. The Vice-Chairperson shall perform the duties and exercise the powers of the Chair in the absence or incapacity of the Chairperson, until such time as the Chair returns or a new Chair is appointed.

C. Secretary - As stated in R.I. Gen. Laws § 42-11-10(e)(6), the Chief of the Division of Planning is designated as the Secretary of the Council. The Secretary shall make arrangements for all meetings of the Council, shall notify all members thereof, and shall prepare an agenda for each meeting. The Secretary shall keep records of attendance and of the proceedings of the Council, recording all votes and performing all duties incident to the office. The Secretary shall also keep written minutes of the Council meetings, and shall transmit the actions and recommendations of the Council to the Governor or to others as appropriate. The Secretary shall perform the duties and exercise the powers of the Chair in the absence or incapacity of the Chairperson and Vice-Chairperson.

D. Chair Pro Tem - If the Chair, Vice Chair, and the Secretary are simultaneously absent for any meeting of the Council, a senior member of the Division of Planning shall call the meeting to order. The first order of business shall be the election of a Temporary Chair by the Council to preside for the remainder of that meeting or until the arrival of one of the Officers. Any member of the Council may serve as Chair Pro Tem.

1.1.5 Meetings

A. Regular Meetings - Regular meetings shall be held according to the annual schedule adopted by the Council. The time and place of the meetings shall be determined by the Secretary. Meetings may be canceled or rescheduled by the Chair, by the Secretary, or by majority vote of the Council.

B. Special Meetings - Special meetings may be held as necessary. Any Council member may bring the need for a special meeting to the attention of the Secretary. The Secretary shall then consult the Chair or, in his/her absence, the Vice-Chair, who shall decide if the meeting shall be held and shall designate the time and place for such meetings.

C. Notices and Agendas - Notices of meetings and agendas will be posted in accordance with R.I. Gen. Laws Chapter 42-46 entitled, "Open Meetings". Agendas shall also be sent to any person or organization which requests them in writing.
1. Any member of the Council may place an item on the agenda of any regular meeting. Members of the staff, federal or state agencies, and local governments may request to have an item placed on the agenda. Such request must be submitted to the Secretary in writing no later than two (2) weeks before a regularly scheduled meeting. A copy of the agenda shall be sent to each Council member at least seven (7) days before a regular Council meeting.

D. Quorum - A majority of the membership shall constitute a quorum.

E. Decorum - All persons appearing before the Council, either on their own behalf or in a representative capacity, shall conform to standards of ethical and orderly conduct. If any person does not conform to such standards, the Council may take appropriate action, including declining the opportunity for such person to appear before it.

1.1.6 Attendance

A. Unauthorized Absences - Members who miss more than three (3) consecutive regular meetings without having submitted to the Secretary a notice of any reason for such absence shall be sent a letter by the Secretary inquiring as to the ability of the member to remain active on the Council. In the event of further absence, the Council may contact the appointing authority, asking that the appointment be reconsidered.

B. Delegates and Designees - R.I. Gen. Laws § 42-6-8 entitled, "Departments of State Government" authorizes any head of a State department to appoint a delegate to serve in their place on any boards or commissions to which the director is appointed. Council members who are serving in the capacity as the head of a State department may appoint a delegate by submitting the delegate's name in writing to the Secretary and filing the appointment with the Secretary of State. Such delegates have the same power and authority as the member, including the power to vote.

C. Council members who are not serving in the capacity as the head of a State department shall be allowed to send a designee to participate in Council discussions; however, such designees do not have the same power and authority as the member, nor are they permitted to vote.

1.1.7 Committees

A. R.I. Gen. Laws § 42-11-10(f)(5) requires the Council to appoint a permanent advisory committee and authorizes the Council to establish other committees as needed; R.I. Gen. Laws § 42-11-10(f)(6) authorizes the Council to establish and appoint members to an executive committee to oversee the Rhode Island geographic information system.
1. Appointments - Unless otherwise specified in these rules, the Secretary shall prepare a slate of names for committee positions that may include nominations from the floor. Following a one-month consideration period, the Council shall vote to appoint committee members. Appointments shall be for three (3) year terms and members may be reappointed.

2. Officers - The Council shall annually appoint from the membership of the committee, a chair and vice-chair for a term of one year; however, the Council may delegate the selection authority to the membership of the committee. The Chief may appoint a secretary who need not be a member of the committee. Duties of the officers shall be similar to those set forth for officers of the Council.

3. Attendance - Committee members who miss more than three (3) consecutive scheduled meetings without having submitted to the Secretary a notice of any reason for such absence shall be sent a letter by the Secretary inquiring as to the ability of the member to remain active on the committee. In the event of further absence, the Council may remove and replace the member.

4. Meetings - All standing committees shall meet once a month unless otherwise determined by the Council. However, meetings may be canceled by the Committee Chair or a vote of the Committee. Other committees shall meet as required or as determined by the Council. The time and place of the meetings shall be determined by the Secretary. A majority of each committee shall constitute a quorum. Special meetings may be called in the manner provided by §1.1.5(B) of this Part.

5. Notices and Agendas - Notices and agendas shall follow the same procedures as set forth in §1.1.5(C) of this Part.

6. Minutes - Minutes of each committee meeting will be recorded by the Secretary of the Committee and forwarded to the Secretary of the Council.

7. Vacancies - When a vacancy occurs on the committee either through resignation or for other reasons, the Secretary shall notify the Council. The Council shall appoint a new member to fill the vacancy.

B. Permanent Advisory Committee - The permanent advisory committee, provided for by R.I. Gen. Laws § 42-11-10(f)(5) shall advise and assist the Council in all matters. This committee is commonly known as the "Technical Committee".
1. Membership - The number of members of this Committee shall be determined by the Council and may be changed from time to time as deemed necessary by the Council. Members shall be comprised of representatives of State agencies, local government, and the public, who serve as voting members. In addition, the Council may invite others, such as representatives of federal agencies, to serve as non-voting advisory members. Members shall be appointed by the Council in recognition of the expertise which they can bring to Statewide Planning Program activities; contact and liaison with parties affected by or involved in these activities; provision of information which is essential to the proper conduct of the planning process, and representation by agencies or areas not represented on the Council. Nominations and appointments shall be made in accordance with §1.1.7(A)(1) of this Part.

2. Duties - In addition to responding to Council requests, the Committee shall advise or assist the Council and the staff by:
a. reviewing and commenting on all proposed elements, amendments to elements, or repeal of any element of the State Guide Plan;

b. providing advice on any matter referred to it by the Council;

c. responding to questions on technical matters;

d. providing liaison between the staff and other agencies involved in technical studies; and

e. adopting and maintaining a plan for the functional classification of the highway system which conforms to the transportation element of the State Guide Plan.

3. Prior to a request for State Planning Council action, staff shall present any program or special report that includes goals, policies, or implementation programs to the Committee for review and recommendations. As any major staff study is completed, a draft report shall be prepared and referred to the Committee for review and comment.

C. Rhode Island Geographic Information System (RIGIS) Executive Committee - The RIGIS Executive Committee provided for by R.I. Gen. Laws § 42-11-10(f)(6), shall provide oversight of a Rhode Island geographic information system.
1. Membership - The number of members of this committee shall be determined by the Council and may be changed from time to time as deemed necessary by the Council. Nominations and appointments shall be made in accordance with §1.1.7(A)(1) of this Part.

2 Duties - The Committee shall provide oversight of the Rhode Island geographic information system by:

a. formulating policies for the effective administration, management, and coordination of RIGIS;

b. recommending technical standards and best practices related to GIS data and metadata development, data distribution, web applications, cartography, and other related technologies;

c. promoting geospatial technologies in Rhode Island by advocating for free, user-friendly access to RIGIS data and derived maps and by encouraging educational courses, training programs, and other learning opportunities related to GIS; and

d. other measures deemed appropriate.

D. Transportation Advisory Committee - In furtherance of its role as the Metropolitan Planning Organization for the State as designated by R.I. Gen. Laws § 42-11-10(f)(8), and in order to encourage public involvement in transportation planning and programming, the Council shall appoint a Transportation Advisory Committee ("TAC"). The TAC shall have two principal purposes: to encourage early and continuing public involvement in the transportation planning process; and to develop, in conjunction with the Division of Planning, transportation planning documents that are the responsibility of the State Planning Council. This shall include assisting in setting goals, identifying issues, analyzing the advantages and disadvantages of alternative courses of action, evaluating impacts, recommending policies, strategies, or projects, and monitoring progress or results of actions taken.
1. Membership - The number of members of the TAC shall be determined by the Council and may be changed from time to time as deemed necessary by the Council. Members shall reflect a diversity of geographic parts of the state and of transportation interests. Membership shall include at a minimum:
a. four (4) local government officials;

b. one representative of the Rhode Island Public Transit Authority;

c. one representative of the Rhode Island Department of Environmental Management;

d. one representative of the Rhode Island Commerce Corporation;

e. one representative of the Rhode Island Department of Transportation;
(1) In addition, other members may be appointed to reflect transportation user-groups and organizations, environmental advocacy organizations, the construction industry, as well as interested individuals. Nominations and appointments shall be made in accordance with §1.1.7(A)(1) of this Part.

2. Duties - In addition to responding to Council requests, the TAC shall advise or assist the Council by:
a. identifying the planning priorities and activities to be carried out in the preparation of the Unified Planning Work Program described in § 1.5.3 of this Part entitled, "Unified Planning Work Program";

b. initiating and overseeing the update of the Long-Range Transportation Plan described in § 1.5.4 of this Part entitled, "Transportation Plan";

c. providing advice on elements of the State Guide Plan that may relate to or be coordinated with transportation plans;

d. overseeing the development of the Transportation Improvement Program ("TIP") described in § 1.5.5 of this Part entitled, "Transportation Improvement Program";

e. coordinate with the Air Quality Working Group described in § 1.5.7 of this Part entitled, "State Implementation Plan for Air Quality Conformity Determinations";

f. identify performance measures, determine needs, evaluate and select appropriate strategies, and evaluate the effectiveness of implementation strategies to assist decision-makers in selecting cost effective strategies to improve the efficiency and safety of the Transportation Management System;

g. assist in maintaining and periodically assessing the public participation process described in § 1.5 of this Part entitled Metropolitan Planning Organization: Transportation Planning, to ensure a full and open transportation planning process (reference: 23 C.F.R. § 450.316).

h. In furtherance of its duties, the TAC may conduct workshops; hold formal and informal meetings; distribute and collect information; meet with governmental agencies, organizations, or individuals; and engage in other actions necessary to advise the Council. Public hearings are usually conducted by the Council but may be conducted by the TAC upon a specific request by the Council.

1.1.8 Amendments

A. A draft of any proposed amendment(s) to these rules shall be submitted to the Secretary of the Council no later than fifteen (15) days before a regular meeting of the State Planning Council in order to be considered for review at that meeting. The Secretary shall include the draft amendment(s) on the agenda of the next regular or special meeting. The Secretary shall mail a copy or a summary of the draft to each member of the Council no later than ten (10) days before the Council meeting at which the draft is to be reviewed. The Secretary will notify the applicant (if other than the Program staff) and participating agencies and interested parties of the date of the Council meeting on which the draft will be presented. The draft shall be presented to the Council at the scheduled meeting by the applicant or the Secretary. The Council may vote to receive the draft for the purpose of further review or of holding a public hearing thereon. One or more public hearings shall be held on each proposed rule or amendment.

B. A revised draft of the rules of procedure that incorporates such modifications as are derived from the public hearing and other reviews of the draft shall be mailed to the Council members. At the following Council meeting, the Council shall move to adopt, modify and adopt, reject, or defer action on the proposed rules of procedure.

1.1.9 Rules of Order

A. Robert's Rules of Order shall be followed in those situations that are not otherwise addressed in these Rules. All rules shall be interpreted and applied in a manner that promotes participation in the planning process, encourages public discussion of statements of goals and policies and elements of the state guide plan, and ensures that the public has adequate opportunity to advise the Council of its views on any statement or plan element under consideration.

B. The Council, by a two-thirds vote of those voting members or their designees present at a regular or special meeting, may waive or modify any provision of these Rules when, in its judgment, such action would be in the best interests of the Council and the people of the state.

1.1.10 Public Hearings

A. Notice - All public hearings conducted by the Council shall be in accordance with the provisions of R.I. Gen. Laws Chapter 42-35 entitled, "Administrative Procedures".
1. Unless otherwise provided for in these Rules, the Council shall provide at least a twenty (20) day notice of a public hearing.

2. Notice of a public hearing will contain a statement of either the terms or substance of the action or description of the issues, the time of hearing, and the place of the hearing. The notice shall also state the particular manner in which interested persons may present their views.

3. This notice shall either:
a. be placed in a newspaper or papers of general circulation; or

b. posted on the Division of Planning website and the Secretary of State website.

4. Notice shall be provided to interested parties that have requested that their names and addresses be placed on a mailing list which shall be maintained by the Division of Planning.

5. The material on which the hearing is to be held shall be available for public review during normal business hours in the office of the Division of Planning from the date notice of the hearing is given to the date of the hearing.

6. Any notice of a public hearing may be withdrawn in the same manner in which it was posted and by mailing written notice to all those requesting that their names be entered on the mailing list to receive notice of public hearings.

B. Times and Locations - Public hearings may be scheduled as part of regular or special Council meetings or at other times as directed by the Council. When appropriate, a public hearing shall be held in the general area particularly affected by the action or document under consideration.

C. Governing Rules - Hearings required by law or executive order shall be conducted in accordance with the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35, and these rules and regulations. Where no hearing is required by law or executive order, the Chair may nevertheless in his/her discretion conduct informal hearings or investigations in such manner and according to such procedures as he/she may deem appropriate.

D. The Council may designate any person to serve as the presiding official for a public hearing. All statements, comments, and or questions, whether written or oral, must be directed to the Chair of the Council or presiding official of the public hearing.

E. Rules of Evidence - Irrelevant, immaterial, or unduly repetitious evidence shall be excluded by the Chair. Documentary evidence may be accepted in copy form. Any challenge to the accuracy or reliability of the copy shall be brought to the attention of the Chair. Notice can be taken of judicially cognizable facts as well as facts of generally recognized technical or scientific facts within the agency's specialized knowledge but parties must be notified of such actions. All statements, comments, and questions whether written or oral, must be directed to the Chair.

1.1.11 Annual Work Program

The Unified Planning Work Program as provided by § 1.5.3 of this Part entitled, "Unified Planning Work Program" shall constitute the Annual Work Program. As provided by R.I. Gen. Laws § 42-11-10(f)(3), the Council shall review and provide comments on the proposed work program and its financing to the Director of Administration.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.