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SB 3202

AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE PROCEDURES

2026 Regular Session Introduced by Pete Appollonio and 4 co-sponsors

Rhode Island replaces periodic rule refiling with a five-year confirmation that existing rules remain in effect, with required notices and deadlines.

06/23/2026 Signed by Governor
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Bill Summary · SB 3202

Summary of Bill: SB 3202 (Rhode Island, 2026)

Purpose and Intent

  • The bill amends Rhode Island’s Administrative Procedures Act, specifically governing how state agencies file and maintain their rules and regulations.
  • It replaces the current periodic “refiling” requirement with a system of annual confirmation and attestation that existing rules remain in effect.

Key Provisions and Changes

  1. Refiling Confirmation Requirement (new approach)

    • Agencies must, by January 2 (on the first Tuesday in January) of every fifth year, file an electronic list with the Secretary of State.
    • The list is a notice attesting that all lawfully adopted rules in force on the filing date have been reviewed by the agency and remain effective as promulgated.
    • This acts as a confirmation that existing rules are still active, rather than re-promulgating or re-publishing the rules themselves.

  2. Notice and Public Participation (refiling process)

    • Agencies must provide 30 days’ notice prior to refiling to comply with the new requirement.
    • Agencies must also publish 30 days prior to the due date for refiling a notice of which rules will not be refiled.
    • Notices must include the intended action and a description of the subjects and issues involved.
    • Public notice must be given to all persons who requested advance notice of rulemaking and published in newspapers with statewide circulation.

  3. Coordination and Scheduling

    • The Secretary of State will establish a schedule to coordinate agency refiling of rules under the new system.

  4. Elimination of the Old Periodic Refiling Requirement

    • Repeals the existing provision (42-35-4.2) that mandated refiling of all rules on specific dates (e.g., the first Tuesday in January 2007 and every five years thereafter).

  5. Effective Date

    • The act takes effect upon passage.

Who/What Is Affected

  • Rhode Island state agencies subject to the Administrative Procedures Act (i.e., agencies that have rules and regulations filed with the Secretary of State).
  • The Office of the Secretary of State (administrative scheduling and coordination of the refiling confirmations).
  • The general public, which would receive notices related to rule confirmation and any rules not refilled.

Procedural and Timeline Considerations

  • The new system shifts from a mandatory full refiled rule package cycle to an ongoing confirmation process every five years.
  • Key dates to watch:
    • January 2 (first Tuesday in January) of every fifth year: deadline for filing the electronic confirmation list.
    • 30-day prior notice: required before any refiling action and 30-day prior notice for rules that will not be refilled.
  • Public notice and transparency are retained, with requirements to publish in newspapers having statewide circulation and to notify interested parties.

Potential Impacts and Implications

  • Administrative Burden: Agencies must establish and maintain internal procedures to review all active rules and prepare the confirmation attestations on the scheduled biennial cadence (every five years plus the 30-day notices).
  • Clarity and Efficiency: By confirming existing rules rather than reissuing or extensively revising them, agencies may streamline the administrative process and reduce duplication.
  • Public Accessibility: Maintains public notice requirements, ensuring stakeholders remain informed about which rules are being refilled or not refilled.
  • Legal Compliance: Repeal of the periodic refiling statute consolidates the process into a confirmation framework, but agencies must ensure ongoing review and documentation to satisfy the attestation.

If you’d like, I can map this to a side-by-side comparison with the current law and highlight which agencies or rulemaking activities might be most affected.

Compiled from official sources — confirm details with the bill’s official record.

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