2021 -- S 0872 SUBSTITUTE A | |
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LC002724/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY – TRANSPORTATION EMISSIONS AND MOBILE | |
(TEAM) COMMUNITY ACT | |
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Introduced By: Senators DiMario, McCaffrey, Goodwin, Euer, Quezada, Miller, | |
Date Introduced: May 05, 2021 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. The General Assembly hereby finds: |
2 | (1) There is scientific consensus that Earth's climate is now changing faster than at any |
3 | point in the history of modern civilization, primarily as a result of greenhouse gas (GHG) emissions |
4 | from human activities; climate change has resulted in the increased frequency and severity of |
5 | extreme weather events; and climate change poses a clear, present, and increasingly dangerous and |
6 | costly threat to the health, safety and welfare of the residents of Rhode Island. |
7 | (2) Rhode Island has committed to mitigate the risks of climate change through strategies |
8 | intended to reduce GHG emissions across all sectors; and the transportation sector causes |
9 | approximately forty percent (40%) of GHG emissions in Rhode Island. |
10 | (3) A group of Northeastern and Mid-Atlantic states, as well as the District of Columbia |
11 | (the “Participating Jurisdictions”), have worked together to create the transportation climate |
12 | initiative program (“TCI Program”). |
13 | (4) The participating jurisdictions agreed to collaborate on the establishment of a multi- |
14 | jurisdictional cap-and-invest program (the “TCI Program”) that will ensure reductions in |
15 | greenhouse gas emissions from the transportation sector, and to strategically invest in programs to |
16 | help residents transition to affordable, low-carbon transportation options that provide substantial |
17 | public health benefits, reduce congestion, and increase both economic and job opportunities. |
18 | (5) The goal of the Rhode Island TCI (“RITCI”) is to cap and reduce CO2 emissions from |
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1 | the transportation sector in a cost-effective and market-based manner and invest in projects that |
2 | support the goals of the TCI program. |
3 | (6) Living and working near sources of air pollution can lead to higher exposures of air |
4 | contaminants, many of which contribute to adverse health effects that negatively impact public |
5 | health. |
6 | (7) Lower-income households, people of color and other disadvantaged communities are |
7 | disproportionately exposed to air pollution from mobile sources. Higher exposures to air pollution |
8 | and other contaminants contribute to adverse health effects that negatively impact public health. |
9 | (8) The state of Rhode Island is committed to working with communities, businesses and |
10 | labor to accelerate the transition to an equitable, safe, and affordable low-carbon transportation |
11 | sector that will improve public health, create new economic opportunities, and provide enhanced |
12 | mobility options for Rhode Island communities. |
13 | (9) The state of Rhode Island recognizes and is committed to working with and investing |
14 | in communities that are overburdened by air pollution, vulnerable to the impacts of a changing |
15 | climate and/or underserved by the existing transportation system. |
16 | SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
17 | amended by adding thereto the following chapter: |
18 | CHAPTER 95 |
19 | TRANSPORTATION EMISSIONS AND MOBILE (TEAM) COMMUNITY ACT |
20 | 23-95-1. Short title. |
21 | This chapter shall be known and may be cited as the “Transportation Emissions and Mobile |
22 | (TEAM) Community Act”. |
23 | 23-95-2. Definitions. |
24 | As used in this chapter: |
25 | (1) “Allowance” means a limited authorization to emit a fixed amount of carbon dioxide |
26 | (CO2), subject to all applicable limitations contained in this chapter and the rules and regulations |
27 | to be adopted by the department. |
28 | (2) “Department” means the Rhode Island department of environmental management. |
29 | (3) "Equity and environmental justice advisory board" or "board" means the board |
30 | established pursuant to the provisions of § 23-95-5. |
31 | (4) “Regulated entity” means an entity that the department by regulation determines shall |
32 | be subject to the requirements of RITCI. |
33 | (5) “Rhode Island transportation climate initiative” or “RITCI” means the cap-and-invest |
34 | program implemented pursuant to this chapter, to cap and reduce the CO2 emissions that result from |
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1 | the combustion of the quantities of fuel supplied in Rhode Island by the regulated entities. |
2 | (6) “Transportation climate initiative program” or “TCI Program” means the multi- |
3 | jurisdictional cap-and-invest program developed by a group of northeastern and mid-atlantic states |
4 | and the District of Columbia and outlined in a memorandum of understanding dated December 21, |
5 | 2020, as may be amended or expanded, designed to cap and reduce CO2 emissions from the |
6 | transportation sector, and to invest proceeds from the program in measures designed to further |
7 | reduce CO2 emissions, provide incentives for low-carbon and more resilient transportation, and |
8 | otherwise further the goals of the TCI program. |
9 | 23-95-3. Rhode Island transportation climate initiative implementation. |
10 | (a) The department shall promulgate regulations establishing the Rhode Island |
11 | transportation climate initiative (RITCI) to limit and reduce the CO2 emissions that result from the |
12 | combustion of fuel the regulated entities supplied in Rhode Island and to promote the purposes of |
13 | the TCI program. |
14 | (b) The regulations shall be substantially similar to those promulgated by other |
15 | participating jurisdictions and shall allow the holders of allowances to trade them in a multi- |
16 | jurisdictional market established through the TCI program. |
17 | (c) A regulated entity’s compliance obligation is based on the total tons of indirect CO2 |
18 | emissions that result from the combustion of the quantity of fuel the regulated entity supplied in |
19 | Rhode Island during the compliance period pursuant to department regulations. The department |
20 | may require third-party verification of the accuracy of information reported by such regulated |
21 | entities. |
22 | (d) The department may establish the number of allowances equal to the total amount of |
23 | indirect CO2 emissions allowed in Rhode Island. Regulated entities shall acquire and surrender |
24 | allowances equivalent to the tons of CO2 emissions that result from the combustion of the quantity |
25 | of fuel the regulated entity supplied in Rhode Island during the compliance period. |
26 | (e) The department is authorized to conduct auctions and sell up to one hundred percent |
27 | (100%) of the allowances created under RITCI. The department shall hold the proceeds from the |
28 | auction of allowances in a separate, restricted receipt account, and is authorized to spend the |
29 | proceeds to support the purposes of the RITCI in accordance with § 23-95-5 and ensure that the |
30 | funds Rhode Island receives from the sale of allowances be invested in programs and initiatives to |
31 | reduce the use of fossil fuels in the transportation sector, reduce greenhouse gas emissions from the |
32 | transportation sector, and ensure equitable distribution of these benefits to those communities that |
33 | have suffered disproportionate impacts of vehicular pollution and climate change. |
34 | (f) The department is authorized to request and obtain information from regulated entities, |
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1 | and other persons, to verify the amount of CO2 emissions the regulated entity reported to the state |
2 | and obtain such information from other Rhode Island agencies including, but not limited to, the |
3 | department of revenue and the office of energy resources, as well as agencies in other states or |
4 | jurisdictions. All information collected under this subsection may be shared with other TCI |
5 | program participating jurisdictions, provided those jurisdictions protect from public disclosure |
6 | information that would be exempt from disclosure pursuant to § 38-2-2(4)(B) |
7 | (g) The department may work with other TCI program participating jurisdictions to create |
8 | a multi-jurisdictional organization or join an existing administrative organization to provide |
9 | technical and administrative assistance on the ongoing administration and implementation of the |
10 | TCI program and RITCI including, but not limited to, the establishment of a multi-jurisdictional |
11 | emissions and allowance tracking system, the administration of a multi-jurisdictional auction, the |
12 | monitoring of transportation fuel and allowance trading markets. The administrative organization |
13 | shall not be a joint regulatory body with regulatory and enforcement powers that are greater than |
14 | those of the state and the other participating jurisdictions. |
15 | (h) Any violation by a regulated entity of the provisions of this chapter or the rules and |
16 | regulations promulgated by the department shall be deemed to be an air pollution violation subject |
17 | to enforcement under § 23-23-14. |
18 | 23-95-4. Transportation climate initiative special fund. |
19 | (a) There is established the transportation climate initiative special fund (the “TCI fund”) |
20 | that shall be administered by the department in consultation with other state agencies through the |
21 | executive climate change coordinating council (EC4) established pursuant to chapter 6.2 of title 42. |
22 | Rhode Island’s proceeds from auction of the allowances shall be deposited in the TCI fund. |
23 | (b) The proceeds shall be used, without further appropriation, to reduce CO2 emissions and |
24 | otherwise achieve the goals of the RITCI, and to fund the administration of RITCI. A minimum of |
25 | thirty-five percent (35%) of the annual proceeds from auction of allowances shall be used to benefit |
26 | overburdened and underserved communities, as defined through the processes set forth in § 23-95- |
27 | 5. In keeping with the CO2 emissions reduction goals of RITCI, the proceeds may be used to |
28 | promote clean transportation and improve mobility, including, but not limited to, the following: |
29 | (1) Projects to enhance and expand public transportation services particularly for low- |
30 | income communities, and environmental justice populations, and communities underserved by |
31 | public transportation; |
32 | (2) Projects to accelerate the adoption of zero-emission public transportation services; |
33 | (3) Projects to accelerate adoption of zero-emission vehicles, including battery electric |
34 | vehicles, plug-in hybrid electric vehicles and hydrogen fuel cell vehicles, particularly to make these |
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1 | vehicles more affordable and accessible for low- and moderate-income resident drivers and for |
2 | Rhode Island businesses and municipalities; |
3 | (4) Projects that expand and increase the safety of bicycle and pedestrian transportation |
4 | and micromobility, particularly in low-income communities; |
5 | (5) Projects that accommodate an increase in pedestrians, bicyclists and transit users; |
6 | (6) Projects to increase the resiliency of transportation infrastructure to withstand the |
7 | impacts of climate change; |
8 | (7) Projects that will promote density, reduce congestion, and increase the production of |
9 | affordable housing near public transit, and/or promote the use of public transportation; |
10 | (8) Payment for costs associated with administration of TCI program; |
11 | (9) Support for the purchase, construction, operation and maintenance of zero-emission |
12 | vehicle fueling and charging systems and supply equipment in Rhode Island; |
13 | (10) Projects to increase the availability of broadband Internet access; and |
14 | (11) Support for related complementary policies and programs that further the goals of |
15 | RITCI. |
16 | (c) Up to five percent (5%) of program proceeds annually shall be available to the |
17 | department to administer the program. |
18 | (d) Investments of auction proceeds under this chapter should comply with the |
19 | requirements of chapter 13 of title 37 and should promote fair labor standards, support local jobs |
20 | and prioritize hiring and training for workers affected by the transition to cleaner transportation, |
21 | underrepresented in the workforce, or facing employment barriers, including women, people of |
22 | color, veterans, formerly incarcerated individuals, and people with disabilities. |
23 | (e) Monies in the TCI fund shall only be used to support the programs and activities |
24 | authorized pursuant to this section and shall not be available to meet the general obligations of the |
25 | state. Balances in the TCI fund shall be carried forward and remain in the TCI fund at the end of |
26 | each fiscal year and interest earned shall remain in the fund. |
27 | (f) The TCI fund shall be exempt from the indirect cost recovery provisions of § 35-4-27. |
28 | (g) The department shall submit a report annually to the governor, speaker of the house |
29 | and president of the senate delineating how the TCI fund proceeds have been administered and |
30 | verifying compliance with subsection (b) of this section. |
31 | 23-95-5. Equity and environmental justice advisory board. |
32 | (a) There shall be an equity and environmental justice advisory board to ensure that |
33 | overburdened and underserved communities are able to provide meaningful input into decision- |
34 | making processes relating to the investment of RITCI proceeds. The department shall establish an |
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1 | equity advisory board composed of diverse stakeholder groups to include one member of each of |
2 | the state's Health Equity Zones, with a majority of the remaining members being representatives of |
3 | overburdened and underserved communities or populations, to advise on decision making and |
4 | equitable outcomes. The roles of the equity advisory board shall include: |
5 | (1) Developing criteria for defining overburdened and underserved communities, building |
6 | on existing criteria and definitions, including, but not limited to, cumulative impacts on an affected |
7 | geographical area and the criteria set forth in chapter 6.2 of title 42, where applicable; |
8 | (2) Providing recommendations for equitable investments of RITCI proceeds and |
9 | complementary policies that would achieve the requisite benefits for overburdened and underserved |
10 | communities and prioritize support for environmental justice areas as defined by the department; |
11 | and |
12 | (3) Developing metrics for evaluating how investments of program proceeds demonstrably |
13 | provide direct and meaningful benefits for overburdened and underserved communities. |
14 | 23-95-6. Severability. |
15 | If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any |
16 | court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate |
17 | the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, |
18 | section, or part directly involved in the controversy in which that judgment shall have been |
19 | rendered. |
20 | SECTION 3. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds" |
21 | is hereby amended to read as follows: |
22 | 35-4-27. Indirect cost recoveries on restricted receipt accounts. |
23 | Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all |
24 | restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there |
25 | shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions |
26 | from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on |
27 | federal grant funds; or (3) Through transfers from state agencies to the department of administration |
28 | for the payment of debt service. These indirect cost recoveries shall be applied to all accounts, |
29 | unless prohibited by federal law or regulation, court order, or court settlement. The following |
30 | restricted receipt accounts shall not be subject to the provisions of this section: |
31 | Executive Office of Health and Human Services |
32 | Organ Transplant Fund |
33 | HIV Care Grant Drug Rebates |
34 | Health System Transformation Project |
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1 | Department of Human Services |
2 | Veterans' home -- Restricted account |
3 | Veterans' home -- Resident benefits |
4 | Pharmaceutical Rebates Account |
5 | Demand Side Management Grants |
6 | Veteran's Cemetery Memorial Fund |
7 | Donations -- New Veterans' Home Construction |
8 | Department of Health |
9 | Pandemic medications and equipment account |
10 | Miscellaneous Donations/Grants from Non-Profits |
11 | State Loan Repayment Match |
12 | Healthcare Information Technology |
13 | Department of Behavioral Healthcare, Developmental Disabilities and Hospitals |
14 | Eleanor Slater non-Medicaid third-party payor account |
15 | Hospital Medicare Part D Receipts |
16 | RICLAS Group Home Operations |
17 | Commission on the Deaf and Hard of Hearing |
18 | Emergency and public communication access account |
19 | Department of Environmental Management |
20 | National heritage revolving fund |
21 | Environmental response fund II |
22 | Underground storage tanks registration fees |
23 | De Coppet Estate Fund |
24 | Rhode Island Historical Preservation and Heritage Commission |
25 | Historic preservation revolving loan fund |
26 | Historic Preservation loan fund -- Interest revenue |
27 | Department of Public Safety |
28 | E-911 Uniform Emergency Telephone System |
29 | Forfeited property -- Retained |
30 | Forfeitures -- Federal |
31 | Forfeited property -- Gambling |
32 | Donation -- Polygraph and Law Enforcement Training |
33 | Rhode Island State Firefighter's League Training Account |
34 | Fire Academy Training Fees Account |
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1 | Attorney General |
2 | Forfeiture of property |
3 | Federal forfeitures |
4 | Attorney General multi-state account |
5 | Forfeited property -- Gambling |
6 | Department of Administration |
7 | OER Reconciliation Funding |
8 | Health Insurance Market Integrity Fund |
9 | RI Health Benefits Exchange |
10 | Information Technology Investment Fund |
11 | Restore and replacement -- Insurance coverage |
12 | Convention Center Authority rental payments |
13 | Investment Receipts -- TANS |
14 | OPEB System Restricted Receipt Account |
15 | Car Rental Tax/Surcharge-Warwick Share |
16 | Executive Office of Commerce |
17 | Housing Resources Commission Restricted Account |
18 | Department of Revenue |
19 | DMV Modernization Project |
20 | Jobs Tax Credit Redemption Fund |
21 | Legislature |
22 | Audit of federal assisted programs |
23 | Department of Children, Youth and Families |
24 | Children's Trust Accounts -- SSI |
25 | Military Staff |
26 | RI Military Family Relief Fund |
27 | RI National Guard Counterdrug Program |
28 | Treasury |
29 | Admin. Expenses -- State Retirement System |
30 | Retirement -- Treasury Investment Options |
31 | Defined Contribution -- Administration - RR |
32 | Violent Crimes Compensation -- Refunds |
33 | Treasury Research Fellowship |
34 | Business Regulation |
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1 | Banking Division Reimbursement Account |
2 | Office of the Health Insurance Commissioner Reimbursement Account |
3 | Securities Division Reimbursement Account |
4 | Commercial Licensing and Racing and Athletics Division Reimbursement Account |
5 | Insurance Division Reimbursement Account |
6 | Historic Preservation Tax Credit Account |
7 | Judiciary |
8 | Arbitration Fund Restricted Receipt Account |
9 | Third-Party Grants |
10 | RI Judiciary Technology Surcharge Account |
11 | Department of Elementary and Secondary Education |
12 | Statewide Student Transportation Services Account |
13 | School for the Deaf Fee-for-Service Account |
14 | School for the Deaf -- School Breakfast and Lunch Program |
15 | Davies Career and Technical School Local Education Aid Account |
16 | Davies -- National School Breakfast & Lunch Program |
17 | School Construction Services |
18 | Office of the Postsecondary Commissioner |
19 | Higher Education and Industry Center |
20 | Department of Labor and Training |
21 | Job Development Fund |
22 | Transportation Climate Initiative Special Fund |
23 | SECTION 4. This act shall take effect upon passage. |
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LC002724/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY – TRANSPORTATION EMISSIONS AND MOBILE | |
(TEAM) COMMUNITY ACT | |
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1 | This act would establish the Transportation Emission and Mobile (TEAM) Community Act |
2 | intended to limit and reduce indirect carbon dioxide emissions throughout the state while promoting |
3 | the purposes of the transportation climate initiative program. |
4 | This act would take effect upon passage. |
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LC002724/SUB A | |
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