2022 -- H 7123

========

LC004149

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL

YEAR ENDING JUNE 30, 2023

     

     Introduced By: Representative Marvin L. Abney

     Date Introduced: January 20, 2022

     Referred To: House Finance

     (Governor)

It is enacted by the General Assembly as follows:

1

ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2023

2

ARTICLE 2 RELATING TO STATE FUNDS

3

ARTICLE 3 RELATING TO GOVERNMENT REFORM AND REORGANIZATION

4

ARTICLE 4 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

5

ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM

6

ARTICLE 6 RELATING TO TAXATION

7

ARTICLE 7 RELATING TO ENERGY AND THE ENVIRONMENT

8

ARTICLE 8 RELATING TO SMALL BUSINESS

9

ARTICLE 9 RELATING TO ECONOMIC DEVELOPMENT

10

ARTICLE 10 RELATING TO EDUCATION

11

ARTICLE 11 RELATING TO ADULT USE MARIJUANA

12

ARTICLE 12 RELATING TO MEDICAL ASSISTANCE

13

ARTICLE 13 RELATING TO HUMAN SERVICES

14

ARTICLE 14 RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND

15

OPERATING SPACE

16

ARTICLE 15 RELATING TO EFFECTIVE DATE

 

1

ARTICLE 1

2

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2023

3

SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in

4

this act, the following general revenue amounts are hereby appropriated out of any money in the

5

treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2023.

6

The amounts identified for federal funds and restricted receipts shall be made available pursuant to

7

section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes

8

and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw

9

his or her orders upon the general treasurer for the payment of such sums or such portions thereof

10

as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

11

Administration

12

Central Management

13

General Revenues 4,896,389

14

     Provided that $2,000,000 shall be allocated to support a state workforce compensation and

15

classification study, of which all unexpended or unencumbered balances, at the end of the fiscal

16

year, shall be reappropriated to the ensuing fiscal year and made immediately available for the same

17

purposes.

18

Federal Funds 108,998,500

19

Federal Funds- State Fiscal Recovery Fund

20

     Nonprofit Assistance 10,000,000

21

     Ongoing COVID-19 Response 75,000,000

22

     ERP Implementation Support 2,200,000

23

     Total – Central Management 201,094,889

24

Legal Services

25

General Revenues 2,374,193

26

Accounts and Control

27

General Revenues 5,211,103

28

Federal Funds- Capital Projects Fund

29

     CPF Administration 2,807,250

30

Restricted Receipts – OPEB Board Administration 137,905

31

Restricted Receipts – Grants Management Administration 5,579,639

32

     Total – Accounts and Control 13,735,897

33

Office of Management and Budget

34

General Revenues 8,354,324

 

LC004149 - Page 2 of 319

1

Federal Funds 101,250

2

Restricted Receipts 300,000

3

Other Funds 1,228,111

4

     Total – Office of Management and Budget 9,983,685

5

Purchasing

6

General Revenues 3,830,668

7

Restricted Receipts 381,474

8

Other Funds 550,989

9

     Total – Purchasing 4,763,131

10

Human Resources

11

General Revenues 755,922

12

Personnel Appeal Board

13

General Revenues 143,059

14

Information Technology

15

General Revenues 721,340

16

Restricted Receipts 40,449,160

17

     Provided that of the total available in the Information Technology Investment Fund as of

18

July 1, 2022, $22.4 million shall be made available for the development and implementation of an

19

electronic medical records system for the state hospitals and $19.4 million shall be made available

20

for the replacement and modernization of the legacy department of labor and training mainframe

21

system.

22

     Total – Information Technology 41,170,500

23

Library and Information Services

24

General Revenues 1,796,514

25

Federal Funds 2,088,205

26

Restricted Receipts 6,990

27

     Total – Library and Information Services 3,891,709

28

Planning

29

General Revenues 840,855

30

Federal Funds 3,050

31

Other Funds

32

     Air Quality Modeling 24,000

33

     Federal Highway – PL Systems Planning 3,813,016

34

     State Transportation Planning Match 592,033

 

LC004149 - Page 3 of 319

1

     FTA – Metro Planning Grant 1,340,126

2

     Total – Planning 6,613,080

3

General

4

General Revenues

5

     Miscellaneous Grants/Payments 130,000

6

      Provided that this amount be allocated to City Year for the Whole School Whole Child

7

Program, which provides individualized support to at-risk students.

8

     Torts – Courts/Awards 675,000

9

     Resource Sharing and State Library Aid 9,562,072

10

     Library Construction Aid 1,859,673

11

Federal Funds- State Fiscal Recovery Fund

12

     Aid to the Convention Center 17,700,000

13

Federal Funds- Capital Projects Fund

14

     Municipal and Higher Ed Matching Grant Program 23,360,095

15

     RIC Student Services Center 5,000,000

16

Restricted Receipts 700,000

17

Other Funds

18

     Rhode Island Capital Plan Funds

19

     Security Measures State Buildings 500,000

20

     Energy Efficiency Improvements 1,250,000

21

     Cranston Street Armory 750,000

22

     State House Renovations 1,928,000

23

     Zambarano Buildings and Campus 6,070,000

24

     Replacement of Fueling Tanks 680,000

25

     Environmental Compliance 400,000

26

     Big River Management Area 427,000

27

     Shepard Building Upgrades 1,500,000

28

     RI Convention Center Authority 1,700,000

29

     Accessibility – Facility Renovations 1,000,000

30

     DoIT Enterprise Operations Center 2,300,000

31

     BHDDH MH & Community Facilities – Asset Protection 750,000

32

     BHDDH DD & Community Homes – Fire Code 325,000

33

     BHDDH DD Regional Facilities – Asset Protection 1,700,000

34

     BHDDH Substance Abuse Asset Protection 500,000

 

LC004149 - Page 4 of 319

1

     BHDDH Group Homes 1,250,000

2

     Statewide Facility Master Plan 1,700,000

3

     Cannon Building 1,150,000

4

     Old State House 100,000

5

     State Office Building 100,000

6

     State Office Reorganization & Relocation 250,000

7

     William Powers Building 2,700,000

8

     Pastore Center Non-Hospital Buildings Asset Protection 6,250,000

9

     Washington County Government Center 500,000

10

     Chapin Health Laboratory 500,000

11

     560 Jefferson Blvd Asset Protection 150,000

12

     Arrigan Center 825,000

13

     Dunkin Donuts Center 1,100,000

14

     Pastore Center Building Demolition 1,000,000

15

     Veterans Auditorium 765,000

16

     Pastore Center Hospital Buildings Asset Protection 500,000

17

     Pastore Campus Infrastructure 11,050,000

18

     Community Facilities Asset Protection 450,000

19

     Zambarano LTAC Hospital 1,177,542

20

     Total – General 112,284,382

21

Debt Service Payments

22

General Revenues 153,991,095

23

      Out of the general revenue appropriations for debt service, the General Treasurer is

24

authorized to make payments for the I-195 Redevelopment District Commission loan up to the

25

maximum debt service due in accordance with the loan agreement.

26

Other Funds

27

     Transportation Debt Service 40,548,738

28

     Investment Receipts – Bond Funds 100,000

29

     Total - Debt Service Payments 194,639,833

30

Energy Resources

31

Federal Funds 981,791

32

Federal Funds- State Fiscal Recovery Fund

33

     Electric Heat Pump Grant Program 4,900,500

34

Restricted Receipts 20,179,659

 

LC004149 - Page 5 of 319

1

     Total – Energy Resources 26,061,950

2

Rhode Island Health Benefits Exchange

3

General Revenues 2,820,336

4

Federal Funds 12,392,493

5

Federal Funds- State Fiscal Recovery Fund

6

     Auto-Enrollment Program 339,079

7

     Eligibility Extension Compliance 125,618

8

Restricted Receipts 15,010,294

9

     Total – Rhode Island Health Benefits Exchange 30,687,820

10

Office of Diversity, Equity & Opportunity

11

General Revenues 1,508,606

12

Other Funds 119,807

13

     Total – Office of Diversity, Equity & Opportunity 1,628,413

14

Capital Asset Management and Maintenance

15

General Revenues 9,810,315

16

Statewide Personnel and Operations

17

General Revenues 15,350,000

18

     Grand Total – Administration 674,988,778

19

Business Regulation

20

Central Management

21

General Revenues 3,801,190

22

Federal Funds (37)

23

Federal Funds- State Fiscal Recovery Fund

24

     Blockchain Digital Identity 1,500,000

25

     Total - Central Management 5,301,153

26

Banking Regulation

27

General Revenues 1,942,687

28

Restricted Receipts 63,000

29

     Total – Banking Regulation 2,005,687

30

Securities Regulation

31

General Revenues 863,630

32

Restricted Receipts 15,000

33

     Total – Securities Regulation 878,630

34

Insurance Regulation

 

LC004149 - Page 6 of 319

1

General Revenues 4,419,316

2

Restricted Receipts 2,041,662

3

     Total – Insurance Regulation 6,460,978

4

Office of the Health Insurance Commissioner

5

General Revenues 1,752,447

6

Federal Funds 372,887

7

Federal Funds- State Fiscal Recovery Fund

8

     Health Spending Accountability and Transparency Program 500,000

9

Restricted Receipts 532,817

10

     Total – Office of the Health Insurance Commissioner 3,158,151

11

Board of Accountancy

12

General Revenues 5,490

13

Commercial Licensing and Gaming and Athletics Licensing

14

General Revenues 1,167,550

15

Restricted Receipts 914,932

16

     Total – Commercial Licensing and Gaming and Athletics Licensing 2,082,482

17

Building, Design and Fire Professionals

18

General Revenues 8,996,699

19

Federal Funds 818,300

20

Restricted Receipts 2,950,455

21

Other Funds

22

     Quonset Development Corporation 69,727

23

     Rhode Island Capital Plan Funds

24

     Fire Academy 150,000

25

     Total – Building, Design and Fire Professionals 12,985,181

26

Office of Cannabis Regulation

27

Restricted Receipts 5,623,590

28

     Grand Total – Business Regulation 38,501,342

29

Executive Office of Commerce

30

Central Management

31

General Revenues 2,356,175

32

Housing and Community Development

33

General Revenues 1,642,433

34

Federal Funds 16,849,699

 

LC004149 - Page 7 of 319

1

Federal Funds- State Fiscal Recovery Fund

2

     Development of Affordable Housing 20,000,000

3

     Homelessness Assistance Program 7,000,000

4

     Site Acquisition 3,000,000

5

     Down Payment Assistance 15,000,000

6

     Workforce Housing 12,000,000

7

     Affordable Housing Predevelopment Program 2,500,000

8

     Home Repair and Community Revitalization 15,000,000

9

     Statewide Housing Plan 2,000,000

10

     Homelessness Infrastructure 5,000,000

11

Restricted Receipts 7,664,150

12

     Total – Housing and Community Development 107,656,282

13

Quasi–Public Appropriations

14

General Revenues

15

     Rhode Island Commerce Corporation 7,947,778

16

     Airport Impact Aid 1,010,036

17

     Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be

18

distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the

19

total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)

20

of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2022

21

at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,

22

T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce Corporation

23

shall make an impact payment to the towns or cities in which the airport is located based on this

24

calculation. Each community upon which any part of the above airports is located shall receive at

25

least $25,000.

26

     STAC Research Alliance 900,000

27

     Innovative Matching Grants/Internships 1,000,000

28

     I-195 Redevelopment District Commission 961,000

29

     Polaris Manufacturing Grant 350,000

30

     East Providence Waterfront Commission 50,000

31

     Urban Ventures 140,000

32

     Chafee Center at Bryant 476,200

33

     Quonset Development Corporation 1,200,000

34

Federal Funds- State Fiscal Recovery Fund

 

LC004149 - Page 8 of 319

1

     Port of Davisville 6,000,000

2

Other Funds

3

     Rhode Island Capital Plan Funds

4

     I-195 Redevelopment District Commission 805,000

5

     Quonset Point Davisville Pier 3,100,000

6

     Total – Quasi–Public Appropriations 23,940,014

7

Economic Development Initiatives Fund

8

General Revenues

9

     Innovation Initiative 1,000,000

10

     Rebuild RI Tax Credit Fund 13,500,000

11

     Small Business Promotion 300,000

12

     Small Business Assistance 650,000

13

Federal Funds 20,000,000

14

Federal Funds- State Fiscal Recovery Fund

15

     Assistance to Impacted Industries 15,500,000

16

     Total – Economic Development Initiatives Fund 50,950,000

17

Commerce Programs

18

General Revenues

19

     Wavemaker Fellowship 2,400,000

20

     Air Service Development Fund 2,250,000

21

Federal Funds- State Fiscal Recovery Fund

22

     OHCD Predevelopment and Capacity Building 500,000

23

     Small Business Financial and Technical Assistance 13,000,000

24

     Minority Business Accelerator 1,500,000

25

     Blue Economy Investments 10,000,000

26

     Bioscience Investments 5,000,000

27

     Small Business Access to Capital 20,000,000

28

     South Quay Marine Terminal 12,000,000

29

     Main Streets Revitalization 5,000,000

30

Federal Funds- Capital Projects Fund

31

     Broadband 15,383,000

32

     Total – Commerce Programs 87,033,000

33

     Grand Total – Executive Office of Commerce 271,935,471

34

Labor and Training

 

LC004149 - Page 9 of 319

1

Central Management

2

General Revenues 1,065,747

3

Restricted Receipts 379,215

4

     Total – Central Management 1,444,962

5

Workforce Development Services

6

General Revenues 903,105

7

Federal Funds 19,464,609

8

Other Funds 8,026

9

     Total – Workforce Development Services 20,375,740

10

Workforce Regulation and Safety

11

General Revenues 4,240,619

12

Income Support

13

General Revenues 3,644,977

14

Federal Funds 57,711,996

15

Federal Funds- State Fiscal Recovery Fund

16

     Unemployment Insurance Trust Fund Contribution 30,000,000

17

Restricted Receipts 2,076,599

18

Other Funds

19

     Temporary Disability Insurance Fund 215,049,696

20

     Employment Security Fund 177,075,000

21

     Total – Income Support 485,558,268

22

Injured Workers Services

23

Restricted Receipts 11,403,127

24

Labor Relations Board

25

General Revenues 452,822

26

Governor’s Workforce Board

27

General Revenues 6,050,000

28

     Provided that $600,000 of these funds shall be used for enhanced training for direct care

29

and support services staff to improve resident quality of care and address the changing health care

30

needs of nursing facility residents due to higher acuity and increased cognitive impairments

31

pursuant to Rhode Island General Laws, Section 23-17.5-36.

32

Federal Funds- State Fiscal Recovery Fund

33

     Enhanced Real Jobs 10,000,000

34

Restricted Receipts 18,443,377

 

LC004149 - Page 10 of 319

1

     Total – Governor’s Workforce Board 34,493,377

2

     Grand Total – Labor and Training 557,968,915

3

Department of Revenue

4

Director of Revenue

5

General Revenues 2,257,475

6

Office of Revenue Analysis

7

General Revenues 970,638

8

Lottery Division

9

Other Funds 435,992,155

10

     Rhode Island Capital Plan Funds

11

     Lottery Building Enhancements 850,000

12

     Total - Lottery Division 436,842,155

13

Municipal Finance

14

General Revenues 1,738,044

15

Federal Funds 131,957,594

16

     Total – Municipal Finance 133,695,638

17

Taxation

18

General Revenues 34,243,050

19

Federal Funds- State Fiscal Recovery Fund

20

     Tax Modernization 750,000

21

Restricted Receipts 2,106,890

22

Other Funds

23

     Motor Fuel Tax Evasion 155,000

24

     Total – Taxation 37,254,940

25

Registry of Motor Vehicles

26

General Revenues 34,802,460

27

Federal Funds 220,000

28

Restricted Receipts 3,494,403

29

     Total – Registry of Motor Vehicles 38,516,863

30

State Aid

31

General Revenues

32

     Distressed Communities Relief Fund 12,384,458

33

     Payment in Lieu of Tax Exempt Properties 46,089,504

34

     Motor Vehicle Excise Tax Payments 166,594,596

 

LC004149 - Page 11 of 319

1

     Property Revaluation Program 414,947

2

Restricted Receipts 995,120

3

     Total – State Aid 226,478,625

4

Collections

5

General Revenues 887,668

6

     Grand Total – Revenue 876,904,002

7

Legislature

8

General Revenues 48,542,952

9

Restricted Receipts 1,919,241

10

     Grand Total – Legislature 50,462,193

11

Lieutenant Governor

12

General Revenues 1,353,568

13

Secretary of State

14

Administration

15

General Revenues 3,909,383

16

Corporations

17

General Revenues 2,687,784

18

State Archives

19

General Revenues 178,651

20

Restricted Receipts 520,197

21

     Total – State Archives 698,848

22

Elections and Civics

23

General Revenues 3,439,462

24

Federal Funds 1,621,565

25

Other Funds

26

     Rhode Island Capital Plan Funds

27

     Election Equipment 170,000

28

     Total – Elections and Civics 5,231,027

29

State Library

30

General Revenues 825,475

31

     Provided that $125,000 be allocated to support the Rhode Island Historical Society

32

pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the

33

Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.

34

Office of Public Information

 

LC004149 - Page 12 of 319

1

General Revenues 686,260

2

Receipted Receipts 25,000

3

     Total – Office of Public Information 711,260

4

     Grand Total – Secretary of State 14,063,777

5

General Treasurer

6

Treasury

7

General Revenues 2,709,016

8

Federal Funds 350,752

9

Other Funds

10

     Temporary Disability Insurance Fund 289,491

11

     Tuition Savings Program – Administration 404,401

12

     Total –Treasury 3,753,660

13

State Retirement System

14

Restricted Receipts

15

     Admin Expenses – State Retirement System 12,464,878

16

     Retirement – Treasury Investment Operations 2,000,963

17

     Defined Contribution – Administration 314,124

18

     Total – State Retirement System 14,779,965

19

Unclaimed Property

20

Restricted Receipts 29,039,718

21

Crime Victim Compensation Program

22

General Revenues 849,616

23

Federal Funds 422,493

24

Restricted Receipts 555,000

25

     Total – Crime Victim Compensation Program 1,827,109

26

     Grand Total – General Treasurer 49,400,452

27

Board of Elections

28

General Revenues 6,126,861

29

Rhode Island Ethics Commission

30

General Revenues 2,029,145

31

Office of Governor

32

General Revenues

33

     General Revenues 7,002,280

34

     Contingency Fund 150,000

 

LC004149 - Page 13 of 319

1

     Grand Total – Office of Governor 7,152,280

2

Commission for Human Rights

3

General Revenues 1,632,904

4

Federal Funds 408,411

5

     Grand Total – Commission for Human Rights 2,041,315

6

Public Utilities Commission

7

Federal Funds 582,689

8

Restricted Receipts 12,837,076

9

     Grand Total – Public Utilities Commission 13,419,765

10

Office of Health and Human Services

11

Central Management

12

General Revenues 42,221,694

13

Federal Funds 132,402,412

14

Federal Funds- State Fiscal Recovery Fund

15

     Pediatric Recovery 7,500,000

16

     Early Intervention Recovery 5,500,000

17

     Eligibility Extension Compliance 56,722

18

     Certified Community Behavioral Health Clinics 28,100,000

19

     9-8-8 Hotline 1,875,000

20

Restricted Receipts 14,401,156

21

     Total – Central Management 232,056,984

22

Medical Assistance

23

General Revenues

24

     Managed Care 382,344,923

25

     Hospitals 98,302,406

26

     Of the general revenue funding, $2.0 million shall be provided for Graduate Medical

27

Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center

28

and $1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care.

29

     Nursing Facilities 140,848,657

30

     Home and Community Based Services 44,861,679

31

     Other Services 133,013,828

32

     Pharmacy 87,032,570

33

     Rhody Health 234,553,510

34

Federal Funds

 

LC004149 - Page 14 of 319

1

     Managed Care 488,134,078

2

     Hospitals 121,357,824

3

     Nursing Facilities 166,614,030

4

     Home and Community Based Services 53,068,203

5

     Other Services 726,255,819

6

     Pharmacy (432,570)

7

     Rhody Health 275,637,516

8

     Other Programs 62,090,457

9

Restricted Receipts 39,576,847

10

     Total – Medical Assistance 3,053,259,777

11

     Grand Total – Office of Health and Human Services 3,285,316,761

12

Children, Youth, and Families

13

Central Management

14

General Revenues 14,085,829

15

     The director of the department of children, youth and families shall provide to the speaker

16

of the house and president of the senate at least every sixty (60) days beginning September 1, 2021,

17

a report on its progress implementing the accreditation plan filed in accordance with Rhode Island

18

General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The

19

report shall, at minimum, provide data regarding recruitment and retention efforts including

20

attaining and maintaining a diverse workforce, documentation of newly filled and vacated

21

positions, and progress towards reducing worker caseloads.

22

Federal Funds 4,302,426

23

Federal Funds- State Fiscal Recovery Fund

24

     Foster Home Lead Abatement & Fire Safety 1,500,000

25

Other Funds

26

     Rhode Island Capital Plan Funds

27

     DCYF Headquarters 250,000

28

     DCYF Transitional Housing 500,000

29

     Total – Central Management 20,638,255

30

Children's Behavioral Health Services

31

General Revenues 8,543,535

32

Federal Funds 8,833,069

33

Federal Funds- State Fiscal Recovery Fund

34

     Psychiatric Residential Treatment Facility 6,000,000

 

LC004149 - Page 15 of 319

1

     Total – Children's Behavioral Health Services 23,376,604

2

Juvenile Correctional Services

3

General Revenues 22,098,188

4

Federal Funds 416,972

5

Restricted Receipts 317,386

6

Other Funds

7

     Rhode Island Capital Plan Funds

8

     Training School Asset Protection 250,000

9

     Total – Juvenile Correctional Services 23,082,546

10

Child Welfare

11

General Revenues 155,441,971

12

Federal Funds 71,268,481

13

Restricted Receipts 1,463,053

14

     Total – Child Welfare 228,173,505

15

Higher Education Incentive Grants

16

General Revenues 200,000

17

     Grand Total – Children, Youth, and Families 295,470,910

18

Health

19

Central Management

20

General Revenues 2,965,099

21

Federal Funds 4,322,005

22

Restricted Receipts 10,780,010

23

     Provided that the disbursement of any indirect cost recoveries on federal grants budgeted

24

in this line item that are derived from grants authorized under The Coronavirus Preparedness and

25

Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus

26

Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-

27

136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the

28

Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021

29

(P.L. 117-2), are hereby subject to the review and prior approval of the Director of Management

30

and Budget. No obligation or expenditure of these funds shall take place without such approval.

31

     Total – Central Management 18,067,114

32

Community Health and Equity

33

General Revenues 1,588,431

34

Federal Funds 75,864,234

 

LC004149 - Page 16 of 319

1

Restricted Receipts 41,511,977

2

     Total – Community Health and Equity 118,964,642

3

Environmental Health

4

General Revenues 5,968,762

5

Federal Funds 8,549,060

6

Restricted Receipts 967,543

7

     Total – Environmental Health 15,485,365

8

Health Laboratories and Medical Examiner

9

General Revenues 10,980,589

10

Federal Funds 2,760,974

11

Other Funds

12

     Rhode Island Capital Plan Funds

13

     Health Laboratories & Medical Examiner Equipment 400,000

14

     Total – Health Laboratories and Medical Examiner 14,141,563

15

Customer Services

16

General Revenues 8,198,687

17

Federal Funds 6,369,584

18

Restricted Receipts 2,790,691

19

     Total – Customer Services 17,358,962

20

Policy, Information and Communications

21

General Revenues 958,580

22

Federal Funds 2,876,367

23

Restricted Receipts 1,266,247

24

     Total – Policy, Information and Communications 5,101,194

25

Preparedness, Response, Infectious Disease & Emergency Services

26

General Revenues 2,092,672

27

Federal Funds 19,551,542

28

     Total – Preparedness, Response, Infectious Disease & Emergency Services 21,644,214

29

COVID-19

30

Federal Funds 162,225,635

31

     Grand Total - Health 372,988,689

32

Human Services

33

Central Management

34

General Revenues 5,436,208

 

LC004149 - Page 17 of 319

1

     Of this amount, $400,000 is to support the Domestic Violence Prevention Fund to provide

2

direct services through the Coalition Against Domestic Violence, $350,000 to support Project

3

Reach activities provided by the RI Alliance of Boys and Girls Clubs, $267,000 is for outreach and

4

supportive services through Day One, $450,000 is for food collection and distribution through the

5

Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads

6

Rhode Island, $600,000 for the Community Action Fund, $250,000 is for the Institute for the Study

7

and Practice of Nonviolence’s Reduction Strategy, $50,000 is to support services provided to the

8

immigrant and refugee population through Higher Ground International, and $50,000 is for services

9

provided to refugees through the Refugee Dream Center.

10

Federal Funds 5,425,851

11

Restricted Receipts 300,000

12

     Total – Central Management 11,162,059

13

Child Support Enforcement

14

General Revenues 3,678,142

15

Federal Funds 8,773,784

16

Restricted Receipts 3,575,448

17

     Total – Child Support Enforcement 16,027,374

18

Individual and Family Support

19

General Revenues 39,250,009

20

Federal Funds 119,508,574

21

Federal Funds- State Fiscal Recovery Fund

22

     Child Care Support 21,283,000

23

     Eligibility Extension Compliance 36,182

24

     RI Bridges Mobile Access and Childcare Tracking 2,400,000

25

Restricted Receipts 250,255

26

Other Funds

27

     Rhode Island Capital Plan Funds

28

     Blind Vending Facilities 165,000

29

     Total – Individual and Family Support 182,893,020

30

Office of Veterans Services

31

General Revenues 30,304,208

32

     Of this amount, $200,000 is to provide support services through Veterans’ organizations.

33

Federal Funds 13,320,230

34

Federal Funds- State Fiscal Recovery Fund

 

LC004149 - Page 18 of 319

1

     Emergency Staffing RIVH 95,500

2

Restricted Receipts 759,968

3

Other Funds

4

     Rhode Island Capital Plan Funds

5

     Veterans Home Asset Protection 300,000

6

     Veterans Memorial Cemetery Asset Protection 200,000

7

     Total – Office of Veterans Services 44,979,906

8

Health Care Eligibility

9

General Revenues 8,375,256

10

Federal Funds 13,810,817

11

     Total – Health Care Eligibility 22,186,073

12

Supplemental Security Income Program

13

General Revenues 18,527,352

14

Rhode Island Works

15

General Revenues 8,798,583

16

Federal Funds 103,597,843

17

     Total – Rhode Island Works 112,396,426

18

Other Programs

19

General Revenues 788,244

20

     Of this appropriation, $90,000 shall be used for hardship contingency payments.

21

Federal Funds 435,166,342

22

Restricted Receipts 8,000

23

     Total – Other Programs 435,962,586

24

Office of Healthy Aging

25

General Revenues 12,781,431

26

     Of this amount, $325,000 is to provide elder services, including respite, through the

27

Diocese of Providence, $40,000 is for ombudsman services provided by the Alliance for Long Term

28

Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 is for security for

29

housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, and

30

$1,000,000 is for Senior Services Support and $580,000 is for elderly nutrition, of which $530,000

31

is for Meals on Wheels.

32

Federal Funds 21,108,383

33

Restricted Receipts 61,000

34

Other Funds

 

LC004149 - Page 19 of 319

1

     Intermodal Surface Transportation Fund 4,385,711

2

     Total – Office of Healthy Aging 38,336,525

3

     Grand Total – Human Services 882,471,321

4

Behavioral Healthcare, Developmental Disabilities, and Hospitals

5

Central Management

6

General Revenues 4,900,015

7

Federal Funds 609,732

8

     Total – Central Management 5,509,747

9

Hospital and Community System Support

10

General Revenues 2,791,946

11

Federal Funds 796,646

12

Restricted Receipts 261,029

13

     Total – Hospital and Community System Support 3,849,621

14

Services for the Developmentally Disabled

15

General Revenues 184,095,099

16

     Provided that of this general revenue funding, $16,060,471 shall be expended on certain

17

community-based department of behavioral healthcare, developmental disabilities and hospitals

18

(BHDDH) developmental disability private provider and self-directed consumer direct care service

19

worker raises and associated payroll cost as authorized by BHDDH. Any increases for direct

20

support staff and residential or other community-based setting must first receive the approval of

21

BHDDH.

22

     Provided further that of this general revenue funding, $4,748,600 shall be expended on a

23

Transformation Fund to be used for integrated day activities and supported employment services

24

for individuals with intellectual and developmental disabilities, of which $2,000,000 shall be

25

expended specifically on those who self-direct for creation of regional service advisement models

26

and pool of substitute staff. An additional $458,100 shall be expended on technology acquisition

27

for individuals within the developmental disabilities system. For these two designations of general

28

revenue funding, all unexpended or unencumbered balances at the end of the fiscal year shall be

29

reappropriated to the ensuing fiscal year and made immediately available for the same purpose.

30

Federal Funds 206,170,858

31

     Provided that of this federal funding, $18,998,405 shall be expended on certain

32

community-based department of behavioral healthcare, developmental disabilities and hospitals

33

(BHDDH) developmental disability private provider and self-directed consumer direct care service

34

worker raises and associated payroll cost as authorized by BHDDH. Any increases for direct

 

LC004149 - Page 20 of 319

1

support staff and residential or other community-based setting must first receive the approval of

2

BHDDH.

3

     Provided further that of this federal funding, $3,251,400 shall be expended on a

4

Transformation Fund to be used for integrated day activities and supported employment services

5

for individuals with intellectual and developmental disabilities. An additional $541,900 shall be

6

expended on technology acquisition for individuals within the developmental disabilities system.

7

For these two designations of federal funding, all unexpended or unencumbered balances at the end

8

of the fiscal year shall be reappropriated to the ensuing fiscal year and made immediately available

9

for the same purpose.

10

Restricted Receipts 1,275,700

11

Other Funds

12

     Rhode Island Capital Plan Funds

13

     DD Residential Support 100,000

14

     Total – Services for the Developmentally Disabled 391,641,657

15

Behavioral Healthcare Services

16

General Revenues 2,969,495

17

Federal Funds 45,702,498

18

Federal Funds- State Fiscal Recovery Fund

19

     Crisis Intervention Trainings 550,000

20

Restricted Receipts 2,538,789

21

     Total – Behavioral Healthcare Services 51,760,782

22

Hospital and Community Rehabilitative Services

23

General Revenues 80,422,430

24

Federal Funds 31,993,975

25

Federal Funds- State Fiscal Recovery Fund

26

     Emergency Staffing ESH 194,557

27

     Emergency Staffing ESH Zambrano 167,775

28

Restricted Receipts 25,000

29

Other Funds

30

     Rhode Island Capital Plan Funds

31

     Hospital Equipment 300,000

32

     Total - Hospital and Community Rehabilitative Services 113,103,737

33

State of RI Psychiatric Hospital

34

General Revenue 30,504,895

 

LC004149 - Page 21 of 319

1

Federal Funds- State Fiscal Recovery Fund

2

     Emergency Staffing ESH Psychiatric Hospital 92,168

3

     Total- State of RI Psychiatric Hospital 30,597,063

4

     Grand Total – Behavioral Healthcare,

5

     Developmental Disabilities, and Hospitals 596,462,607

6

Office of the Child Advocate

7

General Revenues 1,152,930

8

Federal Funds 7,538

9

     Grand Total – Office of the Child Advocate 1,160,468

10

Commission on the Deaf and Hard of Hearing

11

General Revenues 716,876

12

Restricted Receipts 100,000

13

     Grand Total – Comm. On Deaf and Hard-of-Hearing 816,876

14

Governor’s Commission on Disabilities

15

General Revenues

16

     General Revenues 655,746

17

     Livable Home Modification Grant Program 485,743

18

     Provided that this will be used for home modification and accessibility enhancements to

19

construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.

20

This will be in consultation with the Executive Office of Health and Human Services. All

21

unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the

22

ensuing fiscal year, and made immediately available for the same purpose.

23

Federal Funds 378,658

24

Restricted Receipts 84,235

25

     Grand Total – Governor’s Commission on Disabilities 1,604,382

26

Office of the Mental Health Advocate

27

General Revenues 738,882

28

Federal Funds- State Fiscal Recovery Fund

29

     Mental Health Court Pilot Program 234,447

30

     Grand Total – Office of the Mental Health Advocate 973,329

31

Elementary and Secondary Education

32

Administration of the Comprehensive Education Strategy

33

General Revenues 26,082,442

 

LC004149 - Page 22 of 319

1

     Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s

2

Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to

3

support child opportunity zones through agreements with the Department of Elementary and

4

Secondary Education to strengthen education, health and social services for students and their

5

families as a strategy to accelerate student achievement.

6

Federal Funds 279,812,082

7

     Provided that $684,000 from the Department’s administrative share of Individuals with

8

Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to

9

support the Rhode Island Vision Education and Services Program.

10

Federal Funds- State Fiscal Recovery Fund

11

     Municipal Learning Centers 5,000,000

12

Restricted Receipts

13

     Restricted Receipts 2,271,670

14

     HRIC Adult Education Grants 3,500,000

15

     Total – Admin. of the Comprehensive Ed. Strategy 316,666,194

16

Davies Career and Technical School

17

General Revenues 15,414,314

18

Federal Funds 1,872,920

19

Restricted Receipts 4,525,049

20

Other Funds

21

     Rhode Island Capital Plan Funds

22

     Davies School HVAC 150,000

23

     Davies School Asset Protection 500,000

24

     Davies School Healthcare Classroom Renovations 4,500,000

25

     Total – Davies Career and Technical School 26,962,283

26

RI School for the Deaf

27

General Revenues 7,940,337

28

Federal Funds 420,053

29

Restricted Receipts 605,166

30

Other Funds

31

     School for the Deaf Transformation Grants 59,000

32

     Rhode Island Capital Plan Funds

33

     School for the Deaf Asset Protection 100,000

34

     Total – RI School for the Deaf 9,124,556

 

LC004149 - Page 23 of 319

1

Metropolitan Career and Technical School

2

General Revenues 9,479,298

3

Federal Funds 2,625,711

4

Other Funds

5

     Rhode Island Capital Plan Funds

6

     MET School Asset Protection 800,000

7

     Total – Metropolitan Career and Technical School 12,905,009

8

Education Aid

9

General Revenues 1,045,656,782

10

     Provided that the criteria for the allocation of early childhood funds shall prioritize

11

prekindergarten seats and classrooms for four-year-olds whose family income is at or below one

12

hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities

13

with higher concentrations of low performing schools.

14

     Provided further that $48,325,314 shall be allocated to ensure that the total amount of

15

funds received by any local education agency pursuant to Section 16-7.2-3(a) of the Rhode

16

Island General Laws during fiscal year 2023 shall in no event be less than the total received

17

during fiscal year 2022, and any adjustment to the amount of such funds received during fiscal

18

year 2023 necessary to enable a local education agency to receive at least the total received during

19

fiscal year 2022 shall be drawn from a designated account established for that purpose.

20

Federal Funds 167,000,000

21

Restricted Receipts 36,719,278

22

Other Funds

23

     Permanent School Fund 300,000

24

     Total – Education Aid 1,249,676,060

25

Central Falls School District

26

General Revenues 48,702,745

27

     Provided that $1,348,583 shall be allocated to ensure that the total amount of funds

28

received by any local education agency pursuant to Section 16-7.2-3(a) of the Rhode Island

29

General Laws during fiscal year 2023 shall in no event be less than the total received during

30

fiscal year 2022, and any adjustment to the amount of such funds received during fiscal year 2023

31

necessary to enable a local education agency to receive at least the total received during fiscal year

32

2022 shall be drawn from a designated account established for that purpose.

33

Federal Funds 12,845,329

34

     Total – Central Falls School District 61,548,074

 

LC004149 - Page 24 of 319

1

School Construction Aid

2

General Revenues

3

     School Housing Aid 88,536,507

4

Teachers' Retirement

5

General Revenues 130,855,471

6

     Grand Total – Elementary and Secondary Education 1,896,274,154

7

Public Higher Education

8

Office of Postsecondary Commissioner

9

General Revenues 18,167,940

10

     Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to

11

the Rhode Island General Law, Section 16-70-5 and that $75,000 shall be allocated to Best Buddies

12

Rhode Island to support its programs for children with developmental and intellectual disabilities.

13

It is also provided that $7,670,543 shall be allocated to the Rhode Island Promise Scholarship

14

program and $147,000 shall be used to support Rhode Island’s membership in the New England

15

Board of Higher Education.

16

Federal Funds

17

     Federal Funds 3,604,422

18

     Guaranty Agency Administration 413,917

19

     Guaranty Agency Operating Fund - Scholarships & Grants 4,000,000

20

Federal Funds- State Fiscal Recovery Fund

21

     Higher Education Academies 6,504,000

22

Restricted Receipts 4,010,406

23

Other Funds

24

     Tuition Savings Program – Dual Enrollment 2,300,000

25

     Tuition Savings Program - Scholarships and Grants 5,595,000

26

     Nursing Education Center – Operating 2,891,398

27

     Total – Office of Postsecondary Commissioner 47,487,083

28

University of Rhode Island

29

General Revenues

30

     General Revenues 91,170,252

31

     Provided that in order to leverage federal funding and support economic development,

32

$700,000 shall be allocated to the Small Business Development Center and that $50,000 shall be

33

allocated to Special Olympics Rhode Island to support its mission of providing athletic

34

opportunities for individuals with intellectual and developmental disabilities.

 

LC004149 - Page 25 of 319

1

     Debt Service 29,049,378

2

     RI State Forensics Laboratory 1,516,015

3

Other Funds

4

     University and College Funds 707,626,466

5

     Debt – Dining Services 999,983

6

     Debt – Education and General 5,402,219

7

     Debt – Health Services 991,794

8

     Debt – Housing Loan Funds 12,965,597

9

     Debt – Memorial Union 2,053,787

10

     Debt – Ryan Center 2,375,073

11

     Debt – Parking Authority 1,294,923

12

     URI Restricted Debt Service - Energy Conservation 546,271

13

     URI Debt Service - Energy Conservation 2,071,504

14

     Rhode Island Capital Plan Funds

15

     Asset Protection 11,350,000

16

     Mechanical, Electric, and Plumbing Improvements 4,694,533

17

     Fire Protection Academic Buildings 1,706,802

18

     Total – University of Rhode Island 875,814,597

19

      Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

20

unencumbered balances as of June 30, 2023 relating to the University of Rhode Island are hereby

21

reappropriated to fiscal year 2024.

22

Rhode Island College

23

General Revenues

24

     General Revenues 61,236,320

25

     Debt Service 6,002,565

26

Other Funds

27

     University and College Funds 108,584,424

28

     Debt – Education and General 879,474

29

     Debt – Housing 371,105

30

     Debt – Student Center and Dining 155,000

31

     Debt – Student Union 208,800

32

     Debt – G.O. Debt Service 1,640,931

33

     Debt – Energy Conservation 699,575

34

     Rhode Island Capital Plan Funds

 

LC004149 - Page 26 of 319

1

     Asset Protection 5,518,000

2

     Infrastructure Modernization 4,900,000

3

     Total – Rhode Island College 190,196,194

4

     Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

5

unencumbered balances as of June 30, 2023 relating to Rhode Island College are hereby

6

reappropriated to fiscal year 2024.

7

Community College of Rhode Island

8

General Revenues

9

     General Revenues 55,121,637

10

     Debt Service 1,405,299

11

Federal Funds 1,818,835

12

Restricted Receipts 804,787

13

Other Funds

14

     University and College Funds 121,625,011

15

     Rhode Island Capital Plan Funds

16

     Asset Protection 3,246,000

17

     Knight Campus Renewal 1,390,000

18

     Data, Cabling, and Power Infrastructure 3,300,000

19

     Flanagan Campus Renovations 2,000,000

20

     CCRI Renovation and Modernization Phase I 5,000,000

21

     Total – Community College of RI 195,711,569

22

     Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

23

unencumbered balances as of June 30, 2023 relating to the Community College of Rhode Island

24

are hereby reappropriated to fiscal year 2024.

25

     Grand Total – Public Higher Education 1,309,209,443

26

RI State Council on the Arts

27

General Revenues

28

     Operating Support 969,088

29

     Grants 1,165,000

30

     Provided that $375,000 be provided to support the operational costs of WaterFire

31

Providence art installations.

32

Federal Funds 1,324,677

33

Restricted Receipts 15,000

34

Other Funds

 

LC004149 - Page 27 of 319

1

     Art for Public Facilities 585,000

2

     Grand Total – RI State Council on the Arts 4,058,765

3

RI Atomic Energy Commission

4

General Revenues 1,146,763

5

Restricted Receipts 25,036

6

Other Funds

7

     URI Sponsored Research 314,597

8

     Rhode Island Capital Plan Funds

9

     Asset Protection 50,000

10

     Grand Total – RI Atomic Energy Commission 1,536,396

11

RI Historical Preservation and Heritage Commission

12

General Revenues 1,572,452

13

     Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration

14

activities.

15

Federal Funds 759,283

16

Restricted Receipts 424,100

17

Other Funds

18

     RIDOT Project Review 156,901

19

     Grand Total – RI Historical Preservation and Heritage Comm. 2,912,736

20

Attorney General

21

Criminal

22

General Revenues 19,214,381

23

Federal Funds 2,884,123

24

Federal Funds- State Fiscal Recovery Fund

25

     Mental Health Court Pilot Program 204,005

26

Restricted Receipts 603,772

27

     Total – Criminal 22,906,281

28

Civil

29

General Revenues 6,558,199

30

Restricted Receipts 1,431,698

31

     Total – Civil 7,989,897

32

Bureau of Criminal Identification

33

General Revenues 2,015,572

34

Restricted Receipts 1,187,466

 

LC004149 - Page 28 of 319

1

     Total – Bureau of Criminal Identification 3,203,038

2

General

3

General Revenues 4,513,811

4

Other Funds

5

     Rhode Island Capital Plan Funds

6

     Building Renovations and Repairs 1,890,000

7

     Total – General 6,403,811

8

     Grand Total – Attorney General 40,503,027

9

Corrections

10

Central Management

11

General Revenues 18,618,789

12

Federal Funds- State Fiscal Recovery Fund

13

     Wi-Fi and Tech at the ACI 3,100,000

14

     Radio System 2,700,000

15

     Total- Central Management 24,418,789

16

Parole Board

17

General Revenues 1,438,337

18

Custody and Security

19

General Revenues 132,098,071

20

Federal Funds 1,149,582

21

     Total – Custody and Security 133,247,653

22

Institutional Support

23

General Revenues 23,108,898

24

Other Funds

25

     Rhode Island Capital Plan Funds

26

     Asset Protection 5,125,000

27

     Correctional Facilities – Renovations 250,000

28

     Total – Institutional Support 28,483,898

29

Institutional Based Rehab/Population Management

30

General Revenues 11,773,097

31

     Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender

32

discharge planning.

33

Federal Funds 625,118

34

Restricted Receipts 64,600

 

LC004149 - Page 29 of 319

1

     Total – Institutional Based Rehab/Population Mgt. 12,462,815

2

Healthcare Services

3

General Revenues 27,484,248

4

Restricted Receipts 2,868,614

5

     Total – Healthcare Services 30,352,862

6

Community Corrections

7

General Revenues 19,872,087

8

Federal Funds 369,417

9

Restricted Receipts 11,107

10

     Total – Community Corrections 20,252,611

11

     Grand Total – Corrections 250,656,965

12

Judiciary

13

Supreme Court

14

General Revenues

15

     General Revenues 32,238,688

16

     Provided however, that no more than $1,302,057 in combined total shall be offset to the

17

Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the

18

Department of Children, Youth, and Families, and the Department of Public Safety for square-

19

footage occupancy costs in public courthouses and further provided that $230,000 be allocated to

20

the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy

21

project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to

22

Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.

23

     Defense of Indigents 5,075,432

24

Federal Funds 338,402

25

Federal Funds- State Fiscal Recovery Fund

26

     Mental Health Court Pilot Program 107,900

27

Restricted Receipts 4,051,045

28

Other Funds

29

     Rhode Island Capital Plan Funds

30

     Garrahy Courtroom Restoration 750,000

31

     Judicial Complexes – HVAC 1,000,000

32

     Judicial Complexes Asset Protection 1,500,000

33

     Judicial Complexes Fan Coil Unit Replacements 750,000

34

     Licht Judicial Complex Restoration 750,000

 

LC004149 - Page 30 of 319

1

     McGrath Judicial Complex 225,000

2

     Total - Supreme Court 46,786,467

3

Judicial Tenure and Discipline

4

General Revenues 169,767

5

Superior Court

6

General Revenues 26,708,059

7

Federal Funds 236,617

8

Restricted Receipts 665,000

9

     Total – Superior Court 27,609,676

10

Family Court

11

General Revenues 25,131,666

12

Federal Funds 3,374,190

13

     Total – Family Court 28,505,856

14

District Court

15

General Revenues 15,215,383

16

Federal Funds 372,592

17

Federal Funds- State Fiscal Recovery Fund

18

     Mental Health Court Pilot Program 844,582

19

Restricted Receipts 60,000

20

     Total - District Court 16,492,557

21

Traffic Tribunal

22

General Revenues 10,728,771

23

Workers' Compensation Court

24

Restricted Receipts 10,020,945

25

     Grand Total – Judiciary 140,314,039

26

Military Staff

27

General Revenues 3,145,133

28

Federal Funds 40,305,712

29

Restricted Receipts

30

     RI Military Family Relief Fund 55,000

31

Other Funds

32

     Rhode Island Capital Plan Funds

33

     Aviation Readiness Center 1,138,272

34

     Asset Protection 1,290,000

 

LC004149 - Page 31 of 319

1

     Quonset Airport Runway Reconstruction 275,000

2

     Sun Valley Armory 788,161

3

     Grand Total – Military Staff 46,997,278

4

Public Safety

5

Central Management

6

General Revenues 1,437,445

7

     Provided that notwithstanding the provisions of section 35-3-15 of the general laws, all

8

unexpended or unencumbered balances as of June 30, 2023, of the general revenue contribution

9

designated for the Statewide Body-worn Camera Program are hereby reappropriated to fiscal year

10

2024.

11

Federal Funds 10,466,521

12

Federal Funds- State Fiscal Recovery Fund

13

     Support for Survivors of Domestic Violence 1,000,000

14

Restricted Receipts 186,121

15

     Total – Central Management 13,090,087

16

E-911 Emergency Telephone System

17

Restricted Receipts 8,413,240

18

Security Services

19

General Revenues 29,858,676

20

Municipal Police Training Academy

21

General Revenues 281,456

22

Federal Funds 608,963

23

     Total – Municipal Police Training Academy 890,419

24

State Police

25

General Revenues 81,801,756

26

Federal Funds 6,177,296

27

Restricted Receipts 1,969,734

28

Other Funds

29

     Airport Corporation Assistance 156,943

30

     Road Construction Reimbursement 2,687,792

31

     Weight and Measurement Reimbursement 407,814

32

     Rhode Island Capital Plan Funds

33

     DPS Asset Protection 1,000,000

34

     Portsmouth Barracks 1,650,000

 

LC004149 - Page 32 of 319

1

     Southern Barracks 13,000,000

2

     Training Academy Upgrades 475,000

3

     Statewide Communications System Network 230,929

4

     Total–State Police 109,557,264

5

     Grand Total – Public Safety 161,809,686

6

Office of Public Defender

7

General Revenues 14,568,485

8

Federal Funds 65,665

9

     Grand Total – Office of Public Defender 14,634,150

10

Emergency Management Agency

11

General Revenues 4,038,154

12

Federal Funds 29,462,797

13

Restricted Receipts 457,420

14

Other Funds

15

     Rhode Island Capital Plan Funds

16

     RI Statewide Communications Network 1,494,400

17

     State Emergency Ops Center 524,657

18

     RI Statewide Communications Infrastructure 1,134,400

19

     Grand Total – Emergency Management Agency 37,111,828

20

Environmental Management

21

Office of the Director

22

General Revenues 8,007,872

23

     Of this general revenue amount, $50,000 is appropriated to the Conservation Districts.

24

Federal Funds 65,100

25

Federal Funds- State Fiscal Recovery Fund

26

     Permit and Licensing IT 2,825,000

27

Restricted Receipts 4,126,794

28

     Total – Office of the Director 15,024,766

29

Natural Resources

30

General Revenues 28,507,514

31

Federal Funds 23,181,039

32

Federal Funds- State Fiscal Recovery Fund

33

     Galilee Port Rehabilitation 6,000,000

34

Restricted Receipts 5,699,215

 

LC004149 - Page 33 of 319

1

Other Funds

2

     DOT Recreational Projects 762,000

3

     Blackstone Bike Path Design 1,000,000

4

     Rhode Island Capital Plan Funds

5

     Blackstone Park Improvements 244,191

6

     Dam Repair 824,238

7

     Fort Adams Rehabilitation 300,000

8

     Port of Galilee Asset Protection 3,348,461

9

     Recreation Facility Asset Protection 500,000

10

     Recreational Facilities Improvement 3,400,000

11

     Natural Resources Office and Visitor's Center 250,000

12

     Fish & Wildlife Maintenance Facilities 100,000

13

     Total – Natural Resources 74,116,658

14

Environmental Protection

15

General Revenues 15,081,859

16

Federal Funds 11,503,721

17

Restricted Receipts 7,819,654

18

Other Funds

19

     Transportation MOU 30,986

20

     Total – Environmental Protection 34,436,220

21

     Grand Total – Environmental Protection 123,577,644

22

Coastal Resources Management Council

23

General Revenues 3,177,275

24

Federal Funds 1,980,304

25

Restricted Receipts 250,000

26

Other Funds

27

     Rhode Island Capital Plan Funds

28

     South Coast Restoration Project 1,900,000

29

     Pawcatuck Resiliency 50,000

30

     Little Narragansett Bay 50,000

31

     Grand Total – Coastal Resources Mgmt. Council 7,407,579

32

Transportation

33

Central Management

34

Federal Funds 16,577,046

 

LC004149 - Page 34 of 319

1

Other Funds

2

     Gasoline Tax 9,118,769

3

     Total – Central Management 25,695,815

4

Management and Budget

5

Other Funds

6

     Gasoline Tax 3,761,946

7

Infrastructure Engineering

8

Federal Funds 411,719,330

9

Federal Funds- State Fiscal Recovery Fund

10

     Pawtucket/Central Falls Bus Hub Passenger Facility 4,000,000

11

Restricted Receipts 5,949,070

12

Other Funds

13

     Gasoline Tax 73,520,497

14

     Toll Revenue 33,614,329

15

     Land Sale Revenue 9,260,141

16

     Rhode Island Capital Plan Funds

17

     Highway Improvement Program 52,700,000

18

     Bike Path Asset Protection 400,000

19

     RIPTA - Land and Buildings 12,939,628

20

     RIPTA - URI Mobility Hub 250,000

21

     RIPTA - Providence High-Capacity Transit Corridor Study 225,000

22

     Total - Infrastructure Engineering 604,577,995

23

Infrastructure Maintenance

24

Federal Funds 21,456,198

25

Other Funds

26

     Gasoline Tax 22,844,514

27

     Rhode Island Highway Maintenance Account 101,611,663

28

     Rhode Island Capital Plan Funds

29

     Maintenance Capital Equipment Replacement 1,500,000

30

     Maintenance Facilities Improvements 500,000

31

     Welcome Center 200,000

32

     Salt Storage Facilities 1,900,000

33

     Train Station Asset Protection 350,000

34

     Total – Infrastructure Maintenance 150,362,375

 

LC004149 - Page 35 of 319

1

     Grand Total – Transportation 784,398,131

2

Statewide Totals

3

General Revenues 4,731,312,148

4

Federal Funds 5,311,039,436

5

Restricted Receipts 432,230,976

6

Other Funds 2,350,432,468

7

     Statewide Grand Total 12,825,015,028

8

     SECTION 2. Each line appearing in Section 1 of this Article shall constitute an

9

     appropriation.

10

     SECTION 3. Upon the transfer of any function of a department or agency to another

11

department or agency, the Governor is hereby authorized by means of executive order to transfer

12

or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected

13

thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when

14

the duties or administrative functions of government are designated by law to be performed within

15

a particular department or agency, no transfer of duties or functions and no re-allocation, in whole

16

or part, or appropriations and full-time equivalent positions to any other department or agency shall

17

be authorized.

18

     SECTION 4. From the appropriation for contingency shall be paid such sums as may be

19

required at the discretion of the Governor to fund expenditures for which appropriations may not

20

exist. Such contingency funds may also be used for expenditures in the several departments and

21

agencies where appropriations are insufficient, or where such requirements are due to unforeseen

22

conditions or are non-recurring items of an unusual nature. Said appropriations may also be used

23

for the payment of bills incurred due to emergencies or to any offense against public peace and

24

property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as

25

amended. All expenditures and transfers from this account shall be approved by the Governor.

26

     SECTION 5. The general assembly authorizes the state controller to establish the internal

27

service accounts shown below, and no other, to finance and account for the operations of state

28

agencies that provide services to other agencies, institutions and other governmental units on a cost

29

reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in

30

a businesslike manner, promote efficient use of services by making agencies pay the full costs

31

associated with providing the services, and allocate the costs of central administrative services

32

across all fund types, so that federal and other non-general fund programs share in the costs of

33

general government support. The controller is authorized to reimburse these accounts for the cost

 

LC004149 - Page 36 of 319

1

of work or services performed for any other department or agency subject to the following

2

expenditure limitations:

3

Account Expenditure Limit

4

State Assessed Fringe Benefit Internal Service Fund 37,370,321

5

Administration Central Utilities Internal Service Fund 27,355,205

6

State Central Mail Internal Service Fund 7,303,550

7

State Telecommunications Internal Service Fund 3,513,931

8

State Automotive Fleet Internal Service Fund 12,869,107

9

Surplus Property Internal Service Fund 3,000

10

Health Insurance Internal Service Fund 272,697,174

11

Other Post-Employment Benefits Fund 63,858,483

12

Capitol Police Internal Service Fund 1,380,836

13

Corrections Central Distribution Center Internal Service Fund 7,524,912

14

Correctional Industries Internal Service Fund 8,472,206

15

Secretary of State Record Center Internal Service Fund 1,143,730

16

Human Resources Internal Service Fund 15,991,654

17

DCAMM Facilities Internal Service Fund 47,011,910

18

Information Technology Internal Service Fund 50,789,409

19

     SECTION 6. Legislative Intent - The General Assembly may provide a written "statement

20

of legislative intent" signed by the chairperson of the House Finance Committee and by the

21

chairperson of the Senate Finance Committee to show the intended purpose of the appropriations

22

contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the

23

House Finance Committee and in the Senate Finance Committee.

24

     At least twenty (20) days prior to the issuance of a grant or the release of funds, which

25

grant or funds are listed on the legislative letter of intent, all department, agency and corporation

26

directors, shall notify in writing the chairperson of the House Finance Committee and the

27

chairperson of the Senate Finance Committee of the approximate date when the funds are to be

28

released or granted.

29

     SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby

30

appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds

31

required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund

32

and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2023.

 

LC004149 - Page 37 of 319

1

     SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated

2

pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed

3

for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2023.

4

     SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to

5

the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of

6

paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2023.

7

     SECTION 10. Appropriation of CollegeBoundSaver Funds – There is hereby appropriated

8

to the Office of the General Treasurer designated funds received under the CollegeBoundSaver

9

program for transfer to the Division of Higher Education Assistance within the Office of the

10

Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30,

11

2023.

12

     SECTION 11. Departments and agencies listed below may not exceed the number of full-

13

time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do

14

not include limited period positions or, seasonal or intermittent positions whose scheduled period

15

of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not

16

exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor

17

do they include individuals engaged in training, the completion of which is a prerequisite of

18

employment. Provided, however, that the Governor or designee, Speaker of the House of

19

Representatives or designee, and the President of the Senate or designee may authorize an

20

adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a

21

detailed written recommendation to the Governor, the Speaker of the House, and the President of

22

the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the

23

chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor,

24

and the Senate Fiscal Advisor.

25

     State employees whose funding is from non-state general revenue funds that are time

26

limited shall receive limited term appointment with the term limited to the availability of non-state

27

general revenue funding source.

28

FY 2023 FTE POSITION AUTHORIZATION

29

     Departments and Agencies Full-Time Equivalent

30

     Administration 660.7

31

     Provided that no more than 429.5 of the total authorization would be limited to positions

32

     that support internal service fund programs.

33

     Business Regulation 176.0

34

     Executive Office of Commerce 21.0

 

LC004149 - Page 38 of 319

1

     Labor and Training 461.7

2

     Revenue 575.5

3

     Legislature 298.5

4

     Office of the Lieutenant Governor 8.0

5

     Office of the Secretary of State 59.0

6

     Office of the General Treasurer 90.0

7

     Board of Elections 13.0

8

     Rhode Island Ethics Commission 12.0

9

     Office of the Governor 45.0

10

     Commission for Human Rights 14.0

11

     Public Utilities Commission 54.0

12

     Office of Health and Human Services 200.0

13

     Children, Youth, and Families 702.5

14

     Health 535.4

15

     Human Services 753.0

16

     Office of Veterans Services 263.0

17

     Office of Healthy Aging 31.0

18

     Behavioral Healthcare, Developmental Disabilities, and Hospitals 1,201.4

19

     Office of the Child Advocate 10.0

20

     Commission on the Deaf and Hard of Hearing 4.0

21

     Governor’s Commission on Disabilities 4.0

22

     Office of the Mental Health Advocate 6.0

23

     Elementary and Secondary Education 145.1

24

     School for the Deaf 60.0

25

     Davies Career and Technical School 123.0

26

     Office of Postsecondary Commissioner 37.0

27

     Provided that 1.0 of the total authorization would be available only for positions that are

28

supported by third-party funds, 11.0 would be available only for positions at the State’s Higher

29

Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for

30

positions at the Nursing Education Center.

31

     University of Rhode Island 2,555.0

32

     Provided that 357.8 of the total authorization would be available only for positions that are

33

supported by third-party funds.

34

     Rhode Island College 949.2

 

LC004149 - Page 39 of 319

1

     Provided that 76.0 of the total authorization would be available only for positions that are

2

supported by third-party funds.

3

     Community College of Rhode Island 849.1

4

Provided that 89.0 of the total authorization would be available only for positions

5

     that are supported by third-party funds.

6

     Rhode Island State Council on the Arts 9.6

7

     RI Atomic Energy Commission 8.6

8

     Historical Preservation and Heritage Commission 15.6

9

     Office of the Attorney General 249.1

10

     Corrections 1,427.0

11

     Judicial 733.3

12

     Military Staff 93.0

13

     Emergency Management Agency 33.0

14

     Public Safety 635.2

15

     Office of the Public Defender 99.0

16

     Environmental Management 410.0

17

     Coastal Resources Management Council 31.0

18

     Transportation 755.0

19

     Total 15,416.5

20

     No agency or department may employ contracted employee services where contract

21

employees would work under state employee supervisors without determination of need by the

22

Director of Administration acting upon positive recommendations by the Budget Officer and the

23

Personnel Administrator and 15 days after a public hearing.

24

     Nor may any agency or department contract for services replacing work done by state

25

employees at that time without determination of need by the Director of Administration acting upon

26

the positive recommendations of the State Budget Officer and the Personnel Administrator and 30

27

days after a public hearing.

28

     SECTION 12. The amounts reflected in this Article include the appropriation of Rhode

29

Island Capital Plan funds for fiscal year 2023 and supersede appropriations provided for FY 2023

30

within Section 12 of Article 1 of Chapter 162 of the P.L. of 2021.

31

     The following amounts are hereby appropriated out of any money in the State’s Rhode

32

Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending

33

June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027. These amounts supersede

34

appropriations provided within Section 12 of Article 1 of Chapter 162 of the P.L. of 2021.

 

LC004149 - Page 40 of 319

1

     For the purposes and functions hereinafter mentioned, the State Controller is hereby

2

authorized and directed to draw his or her orders upon the General Treasurer for the payment of

3

such sums and such portions thereof as may be required by him or her upon receipt of properly

4

authenticated vouchers.

5

      FY Ending FY Ending FY Ending FY Ending

6

Project 06/30/2024 06/30/2025 06/30/2026 06/30/2027

7

DOA – 560 Jefferson Boulevard 150,000 1,550,000 1,050,000 50,000

8

DOA – Accessibility 1,000,000 1,000,000 1,000,000 1,000,000

9

DOA – Arrigan Center 125,000 75,000 200,000 200,000

10

DOA – Big River Management Area 130,000 250,000 250,000 130,000

11

DOA – Cannon Building 3,725,000 4,125,000 4,025,000 0

12

DOA – Chapin Health Laboratory 425,000 350,000 0 0

13

DOA – Communities Facilities

14

Asset Protection 50,000 50,000 50,000 50,000

15

DOA – Convention Center

16

Authority 1,575,000 800,000 2,500,000 2,500,000

17

DOA – Cranston Street Armory 2,250,000 3,250,000 1,600,000 100,000

18

DOA – Zambarano Buildings and Campus 1,515,000 1,040,000 1,300,000 1,275,000

19

DOA – Developmental Disability

20

Regional Centers 1,700,000 1,000,000 1,000,000 1,200,000

21

DOA – DoIT Enterprise

22

Operations Center 2,050,000 1,150,000 1,050,000 300,000

23

DOA – Dunkin Donuts Center 1,450,000 2,100,000 2,300,000 2,300,000

24

DOA – Energy Efficiency 1,000,000 1,000,000 1,000,000 1,000,000

25

DOA – Environmental Compliance 200,000 200,000 200,000 200,000

26

DOA – Group Homes Asset Protection 1,250,00 1,250,000 1,250,000 1,250,000

27

DOA – Group Homes - Fire Code 325,000 325,000 325,000 325,000

28

DOA – Mental Health Community

29

Facilities Asset Protection 800,000 850,000 900,000 950,000

30

DOA – Old State House 100,000 100,000 100,000 100,000

31

DOA – Pastore Campus Infrastructure 33,200,000 38,900,000 32,600,000 5,050,000

32

DOA – Statewide Facility

33

Master Plan 2,200,000 200,000 200,000 200,000

34

DOA – Pastore Building

 

LC004149 - Page 41 of 319

1

Demolition 1,000,000 1,000,000 1,000,000 1,000,000

2

DOA – Pastore Center

3

Hospital Buildings 500,000 500,000 500,000 500,000

4

DOA – Pastore Center

5

Non-Hospital Buildings 5,500,000 4,500,000 4,000,000 4,000,000

6

DOA – Pastore Electric Utilities

7

Asset Protection 0 0 0 100,000

8

DOA – Pastore Power Plant

9

Rehabilitation 0 0 0 50,000

10

DOA – Pastore Water Utility System

11

Asset Protection 0 0 0 100,000

12

DOA – Replacement of Fueling Tanks 430,000 330,000 100,000 250,000

13

DOA – Shepard Building 1,500,000 0 0 0

14

DOA – State Building Security Measures 500,000 500,000 500,000 325,000

15

DOA – State House Renovations 3,079,000 16,629,000 15,379,000 15,379,000

16

DOA – State Office Building 100,000 100,000 100,000 100,000

17

DOA – State Office

18

Reorganization & Relocation 250,000 0 0 0

19

DOA – Substance Abuse Group

20

Homes Asset Protection 500,000 500,000 500,000 500,000

21

DOA – Veterans Auditorium 100,000 75,000 100,000 100,000

22

DOA – Washington County

23

Government Center 650,000 800,000 350,000 350,000

24

DOA – William Powers Building 2,750,000 2,400,000 2,200,000 2,000,000

25

DOA – Zambarano Long Term

26

Acute Care Hospital 6,569,677 26,185,740 26,067,041 23,804,439

27

EOC – I-195 Commission 805,000 0 0 0

28

DCYF – Training School

29

Asset Protection 250,000 250,000 250,000 250,000

30

DOH – Health Laboratories and Medical

31

Examiner Equipment 400,000 400,000 400,000 400,000

32

BHDDH – DD Residential Support 100,000 100,000 100,000 100,000

33

BHDDH – Hospital Equipment

34

Asset Protection 300,000 300,000 300,000 300,000

 

LC004149 - Page 42 of 319

1

DHS – Blind Vending Facilities 165,000 165,000 165,000 165,000

2

DHS – Veterans Cemetery Asset Protection 750,000 250,000 300,000 250,000

3

DHS – Veterans’ Home Asset Protection 100,000 100,000 100,000 100,000

4

ELSEC – Davies School Asset Protection 500,000 500,000 500,000 500,000

5

ELSEC – MET School Asset Protection 2,000,000 2,000,000 250,000 250,000

6

ELSEC – School for the Deaf

7

Asset Protection 450,000 550,000 350,000 350,000

8

URI – Mechanical, Electric, and Plumbing

9

Improvements 13,205,467 0 0 0

10

URI – Asset Protection 11,494,395 12,006,225 12,606,536 13,236,863

11

URI – Fire Protection

12

Academic Phase II 3,081,532 3,311,666 0 0

13

URI – Stormwater Management 256,338 2,221,831 2,221,831 0

14

RIC – Asset Protection 5,431,657 5,785,000 5,950,000 6,025,000

15

RIC – Infrastructure

16

Modernization 5,275,000 5,675,000 5,675,000 5,675,000

17

CCRI – Asset Protection 2,653,124 2,719,452 2,719,452 2,719,452

18

CCRI – Data, Cabling, and

19

Power Infrastructure 3,700,000 4,650,000 0 0

20

CCRI – Flanagan Campus

21

Renewal 6,000,000 2,500,000 0 0

22

CCRI – Renovation and

23

Modernization - Phase I 9,000,000 14,000,000 0 0

24

AEC – Asset Protection 50,000 50,000 50,000 50,000

25

Attorney General – Renovation

26

and Asset Protection 150,000 150,000 150,000 150,000

27

DOC – Asset Protection 4,100,000 4,100,000 4,100,000 4,100,000

28

Judiciary – Garrahy Courthouse

29

Renovation 2,250,000 2,250,000 0 0

30

Judiciary – Garrahy Courtroom

31

Restoration 750,000 250,000 0 0

32

Judiciary – Judicial Asset Protection 1,500,000 1,200,000 1,200,000 1,200,000

33

Judiciary – Fan Coil Unit Replacements 500,000 500,000 500,000 0

34

Judiciary – Judicial Complexes HVAC 1,000,000 500,000 500,000 500,000

 

LC004149 - Page 43 of 319

1

Judiciary – Licht Judicial Complex

2

Restoration 750,000 750,000 0 0

3

Military Staff – Aviation Readiness 1,599,115 125,800 0 0

4

Military Staff – Asset Protection 975,000 1,166,500 1,363,205 775,000

5

Military Staff – Quonset Air

6

National Guard Headquarters Facility 3,000,000 0 0 0

7

Military Staff – Quonset Airport

8

Runway Reconstruction 1,663,612 926,505 0 0

9

EMA – RI Statewide

10

Communications Network 1,494,400 1,494,400 0 0

11

EMA – RI Statewide

12

Communications Infrastructure 1,190,000 140,000 40,000 15,000

13

DPS – Asset Protection 2,053,436 1,261,884 600,000 730,000

14

DPS – Southern Barracks 13,000,000 0 0 0

15

DPS – Training Academy 900,000 1,920,000 715,000 150,000

16

DPS – RISCON Microwave

17

Replacement 230,929 230,929 230,929 0

18

CRMC – Confined Aquatic

19

Dredged Material Disposal Cells 5,000,000 0 0 0

20

DEM – Dam Repair 1,805,000 3,065,000 2,000,000 2,000,000

21

DEM – Facilities Asset Protection 500,000 500,000 500,000 500,000

22

DEM – Fish and Wildlife Facilities 100,000 100,000 100,000 100,000

23

DEM – Fort Adams Trust/Rehabilitation 300,000 300,000 300,000 300,000

24

DEM – Marine Infrastructure/

25

Pier Development 650,000 650,000 0 0

26

DEM – Natural Resources Offices

27

and Visitor's Center 250,000 2,500,000 2,000,000 0

28

DEM – Newport Piers 1,000,000 1,000,000 0 0

29

DEM – Port of Galilee Asset Protection 1,491,817 1,500,000 1,500,000 1,500,000

30

DEM – Recreational Facilities

31

Improvements 3,245,578 2,550,000 2,290,000 3,050,000

32

DOT – Highway Improvement

33

Program 93,863,800 31,875,000 27,200,000 27,200,000

34

DOT – Bike Path Asset Protection 400,000 400,000 400,000 400,000

 

LC004149 - Page 44 of 319

1

DOT – Maintenance

2

Capital Equipment Replacement 1,800,000 1,800,000 1,800,000 1,800,000

3

DOT – Maintenance Facility

4

Improvements 500,000 500,000 500,000 500,000

5

DOT – Salt Storage Facilities

6

Improvement 1,000,000 1,150,000 1,150,000 1,150,000

7

DOT – Train Station Asset Protection 350,000 350,000 500,000 500,000

8

DOT – Welcome Center Improvements 200,000 150,000 150,000 150,000

9

DOT – RIPTA

10

Land and Building Enhancements 14,411,792 2,584,780 500,000 500,000

11

     SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. –

12

Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project

13

appropriations shall be reappropriated in the ensuing fiscal year and made available for the same

14

purpose. However, any such reappropriations are subject to final approval by the General Assembly

15

as part of the supplemental appropriations act. Any unexpended funds of less than five hundred

16

dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.

17

     SECTION 14. For the Fiscal Year ending June 30, 2023, the Rhode Island Housing and

18

Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support

19

of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the

20

amount of funding provided to this program, as well as information on the number of units of

21

housing provided as a result to the Director of Administration, the Chair of the Housing Resources

22

Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance

23

Committee and the State Budget Officer.

24

     SECTION 15. Appropriation of Economic Activity Taxes in accordance with the city of

25

Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year

26

ending June 30, 2023, all State Economic Activity Taxes to be collected pursuant to § 45-33.4-4 of

27

the Rhode Island General Laws, as amended (including, but not limited to, the amount of tax

28

revenues certified by the Commerce Corporation in accordance with § 45-33.4-1(13) of the Rhode

29

Island General Laws), for the purposes of paying debt service on bonds, funding debt service

30

reserves, paying costs of infrastructure improvements in and around the ballpark district, arts

31

district, and the growth center district, funding future debt service on bonds, and funding a

32

redevelopment revolving fund established in accordance with § 45-33-1 of the Rhode Island

33

General Laws.

 

LC004149 - Page 45 of 319

1

     SECTION 16. The appropriations from federal funds contained in Section 1 shall not be

2

construed to mean any federal funds or assistance appropriated, authorized, allocated or

3

apportioned to the State of Rhode Island from the State Fiscal Recovery Fund and Capital Projects

4

Fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2023

5

except for those instances specifically designated.

6

     The following amounts are hereby appropriated out of any money available in the State

7

Fiscal Recovery Fund and Capital Projects Fund for the fiscal years ending June 30, 2024, June 30,

8

2025, June 30, 2026, and June 30, 2027.

9

     For the purposes and functions hereinafter mentioned, the State Controller is hereby

10

authorized and directed to draw his or her orders upon the General Treasurer for payment of such

11

sums and such portions thereof as may be required by him or her upon receipt of properly

12

authenticated vouchers.

13

      FY Ending FY Ending FY Ending FY Ending

14

06/30/2024 06/30/2025 06/30/2026 06/30/2027

15

State Fiscal Recovery Fund – Federal Funds

16

Project

17

DOA – Aid to Convention Center 13,425,000 5,540,000 2,000,000 0

18

DOA – Electric Heat Pump Grant

19

Program 10,233,000 10,665,000 8,377,000 0

20

DOA – Ongoing COVID-19 Response 25,052,439 0 0 0

21

DBR – Blockchain Digital Identity 1,000,000 0 0 0

22

DLT – Enhanced Real Jobs 15,000,000 15,000,000 0 0

23

DOR – Tax Modernization 1,500,000 0 0 0

24

EOC – Minority Business Accelerator 6,000,000 2,500,000 0 0

25

EOC – Blue Economy Investments 40,000,000 20,000,000 0 0

26

EOC – Bioscience Investments 15,000,000 9,000,000 1,000,000 0

27

EOC – South Quay Marine Terminal 23,000,000 0 0 0

28

RIH – Development of Affordable

29

Housing 30,000,000 25,000,000 0 0

30

RIH – Site Acquisition 5,000,000 5,000,000 0 0

31

RIH – Down Payment Assistance 20,000,000 15,000,000 0 0

32

RIH – Workforce Housing 8,000,000 0 0 0

33

RIH – Affordable Housing

34

Predevelopment Program 2,500,000 2,500,000 2,500,000 0

35

RIH – Home Repair and Community

36

Revitalization 10,000,000 0 0 0

37

OHCD – Predevelopment and Capacity

 

LC004149 - Page 46 of 319

1

Building 500,000 0 0 0

2

OHCD – Homelessness Assistance

3

Program 7,000,000 0 0 0

4

QDC – Port of Davisville 19,360,000 27,000,000 7,640,000 0

5

DCYF – Foster Home Lead Abatement

6

& Fire Safety 375,000 0 0 0

7

DHS – Childcare Support. 1,217,000 500,000 0 0

8

DHS – RI Bridges Mobile and

9

Childcare Tracking 2,400,000 1,900,000 0 0

10

BHDDH – Crisis Intervention

11

Trainings 550,000 550,000 0 0

12

MHA – Mental Health Court Pilot

13

Program 232,880 244,523 0 0

14

RIDE – Municipal Learning Centers 5,000,000 5,000,000 0 0

15

OPC – Higher Education Academies 4,500,000 4,500,000 4,500,000

16

2,496,000

17

Attorney General – Mental Health

18

Court Pilot Program 210,179 220,687 0 0

19

DOC – Wi-Fi and Tech at the ACI 100,000 50,000 50,000 25,000

20

Judiciary – Mental Health Court

21

Pilot Program 935,701 982,486 0 0

22

DPS – Support for Survivors of

23

Domestic Violence 3,500,000 0 0 0

24

DEM – Galilee Port Rehabilitation 4,000,000 10,000,000 16,000,000

25

10,000,000

26

DEM – Permit and Licensing IT 2,000,000 500,000 500,000 0

27

RIPTA – Pawtucket/Central Falls Bus

28

Hub Passenger Facility 1,000,000 0 0 0

29

Capital Projects Fund – Federal Funds

30

Project

31

DOA – CPF Administration 2,807,250 0 0 0

32

DOA – Municipal and Higher Ed

33

Matching Grant Program 23,360,095 0 0 0

34

DOA – RIC Student Services Center 15,000,000 15,000,000 0 0

35

EOC – Broadband 5,160,500 4,413,000 0 0

36

     The State Fiscal Recovery Fund and Capital Projects Fund appropriations herein shall be

37

made in support of the following projects:

38

Federal Funds - State Fiscal Recovery Fund

39

Department of Administration (DOA)

 

LC004149 - Page 47 of 319

1

     DOA – Aid to the Convention Center. These funds shall support a program to finance

2

facility improvements and provide operating support to the Rhode Island convention center

3

authority.

4

     DOA – Electric Heat Pump Grant Program. These funds shall support a grant program

5

within the office of energy resources to assist homeowners and small-to-mid-size business owners

6

with the purchase and installation of high-efficiency electric heat pumps, with an emphasis on

7

families in environmental justice communities, minority-owned businesses, and community

8

organizations who otherwise cannot afford this technology.

9

     DOA – Ongoing COVID-19 Response. These funds shall be allocated to continue COVID-

10

19 mitigation activities and to address the public health impacts of the pandemic in Rhode Island,

11

to be administered by the director of administration, in consultation with the director of health and

12

the secretary of health and human services.

13

     DOA – Nonprofit Assistance. This program shall support nonprofit organizations to

14

address needs that have been exacerbated by COVID-19, including housing and food insecurity,

15

and behavioral health issues, among others.

16

     DOA – Auto-Enrollment Program. These funds shall support a program for automatically

17

enrolling qualified individuals transitioned off Medicaid coverage at the end of the COVID-19

18

public health emergency into qualified health plans to avoid gaps in coverage, administered by

19

HealthSource RI.

20

     DOA – Eligibility Extension Compliance. These funds shall be allocated to support

21

maintaining RIBridges eligibility functionalities within HealthSource RI during the extension of

22

the public health emergency.

23

     DOA – ERP Implementation Support. These funds shall be allocated to the department of

24

administration to support the implementation of the enterprise resource planning system, such as

25

operating expenses, software and personnel.

26

Department of Business Regulation (DBR)

27

     DBR – Blockchain Digital Identity. These funds shall support a program for the

28

development of blockchain technology to improve information technology security and streamline

29

professional licensing credentialing for the State.

30

     DBR – Health Spending Accountability and Transparency Program. These funds shall

31

support a program allowing the office of the health insurance commissioner to track and curb health

32

care spending growth rates.

33

Department of Labor and Training (DLT)

 

LC004149 - Page 48 of 319

1

     DLT – Unemployment Insurance Trust Fund Contribution. The director of labor and

2

training shall allocate these appropriations to the employment security fund if he or she determines

3

the allocation would be beneficial for the purpose of determining the experience rate for each

4

eligible employer for calendar year 2023. If the director of labor and training determines the

5

allocation to the employment security fund is not beneficial for eligible employers in the next

6

calendar year, he or she shall allocate these monies to the DLT – Enhanced Real Jobs project

7

referenced in this section.

8

     DLT – Enhanced Real Jobs. These funds shall support the Real Jobs Rhode Island program

9

in the development of job partnerships, connecting industry employers adversely impacted by the

10

pandemic to individuals enrolled in workforce training programs.

11

Department of Revenue (DOR)

12

     DOR – Tax Modernization. These funds shall enhance department of revenue division of

13

taxation business process improvements and taxpayer services.

14

Executive Office of Commerce (EOC)

15

     EOC – Small Business and Technical Assistance. These funds shall support a program to

16

invest additional financial and technical assistance resources to support small businesses which

17

have been disproportionately impacted by the pandemic. The program will include direct payments

18

to businesses to address the negative impacts of the pandemic, technical assistance for long-term

19

business capacity building, capital improvements for public health upgrades and outdoor

20

programming, and administration expenses.

21

     EOC – Assistance to Impacted Industries. These funds shall be allocated to a program to

22

provide support to the tourism, hospitality, events and other industries disproportionately impacted

23

by the pandemic. The program will include direct payments to businesses to address the negative

24

economic impacts of the pandemic, outdoor and public space capital improvements and event

25

programming, tourism marketing in coordination with state tourism regions and the airport

26

corporation, and costs to implement these initiatives.

27

     EOC – Statewide Broadband Planning and Mapping. These funds shall be allocated to

28

develop a statewide broadband strategic plan, to support related staffing, and to conduct mapping

29

in support of future state broadband investment.

30

     EOC – Minority Business Accelerator. These funds shall support a program to invest

31

additional resources to enhance the growth of minority owned businesses. The initiative will

32

support a range of assistance and programming, including for example, financial and technical

33

assistance, entrepreneurship training, space for programming and co-working, and assistance

34

accessing low-interest loans.

 

LC004149 - Page 49 of 319

1

     EOC – Blue Economy Investments. These funds shall support a program to invest in the

2

state’s blue economy industries, including, but not limited to, such areas of focus as ports and

3

shipping, defense, marine trades, ocean-related technology, ocean-based renewables, aquaculture

4

and fisheries, and tourism and recreation.

5

     EOC – Bioscience Investments. These funds shall support a program to invest in the state’s

6

life science industries. The investments will include, but are not limited to, such areas of focus as

7

the build-out of shared wet lab space for startup and early-stage businesses, a competitive life

8

sciences site acquisition and facility investments program, and supports for small businesses

9

seeking to connect with and expand within the sector.

10

     EOC – Small Business Access to Capital. These funds shall support a program to assist

11

small businesses with COVID-related impacts as well as such expenses as real estate costs, short-

12

and long-term working capital, refinancing debt, and the purchase of furniture, fixtures, and

13

supplies. This program will also seek to leverage other private and public resources, such as the

14

SBA 7(a) loan program, to maximize its reach and effectiveness.

15

     EOC – Main Streets Revitalization. These funds shall support a program providing

16

investments in main street improvements such as signage, lighting, façade and sidewalk

17

improvements in municipal commercial districts. These funds may also provide technical

18

assistance to municipalities and non-profit partners in developing and executing main street

19

improvement projects.

20

     EOC – South Quay Marine Terminal. These funds shall support the development of an

21

integrated and centralized hub of intermodal shipping designed to support the offshore wind

22

industry in East Providence. The program will include elements such as design activities and the

23

development of the waterfront portion of the terminal into a marine-industrial facility.

24

Rhode Island Housing (RIH)

25

     RIH – Development of Affordable Housing. These funds shall expand a program at the

26

Rhode Island housing and mortgage finance corporation to provide additional investments in the

27

development of affordable housing units.

28

     RIH – Site Acquisition. These funds shall be allocated to the Rhode Island housing and

29

mortgage finance corporation toward the acquisition of properties for redevelopment as affordable

30

and supportive housing.

31

     RIH – Down Payment Assistance. Administered by the Rhode Island housing and

32

mortgage finance corporation, these funds shall be allocated to a program to provide $17,500 in

33

down payment assistance to eligible first-time home buyers to promote homeownership.

 

LC004149 - Page 50 of 319

1

     RIH – Workforce Housing. These funds shall support a program to increase the housing

2

supply for families earning up to 120 percent of area median income.

3

     RIH – Affordable Housing Predevelopment Program. These funds shall support

4

predevelopment work, for proposed affordable housing developments to build a pipeline of new

5

projects and build the capacity of affordable housing developers in the state to expand affordable

6

housing production.

7

     RIH – Home Repair and Community Revitalization. These funds shall expand a program

8

administered by the Rhode Island housing and mortgage finance corporation to finance the

9

acquisition and redevelopment of blighted properties to increase the number of commercial and

10

community spaces in disproportionately impacted communities and or to increase the development

11

of affordable housing. The program will also support critical home repairs within the same

12

communities.

13

Office of Housing and Community Development (OHCD)

14

     OHCD – Predevelopment and Capacity Building. These funds shall support a program to

15

increase contract staffing capacity to administer proposed affordable housing projects. These funds

16

will support research and data analysis, stakeholder engagement, and the expansion of services for

17

people experiencing homelessness.

18

     OHCD – Homelessness Assistance Program. These funds shall support a program to

19

expand housing navigation, behavioral health, and stabilization services to address pandemic-

20

related homelessness. The program will support both operating subsidies for extremely low-income

21

housing units and services for people transitioning from homelessness to housing, including

22

individuals transitioning out of the adult correctional institutions

23

     OHCD – Homelessness Infrastructure. These funds shall be used to support a program to

24

respond to pandemic-related homelessness, including but not limited to, acquisition or construction

25

of temporary or permanent shelter-based and/or housing-based solutions, wrap-around services and

26

administrative costs of implementation.

27

     OHCD – Statewide Housing Plan. These funds shall be allocated to the development of a

28

statewide comprehensive housing plan to assess current and future housing needs, consider barriers

29

to home ownership and affordability, and identify services needed for increased investments toward

30

disproportionately impacted individuals and communities. These funds will also be used to support

31

municipal planning efforts to identify and cultivate viable sites and housing projects.

32

Quonset Development Corporation (QDC)

33

     QDC – Port of Davisville. These funds shall be allocated to expand a program developing

34

port infrastructure and services at the Port of Davisville in Quonset. This will increase investments

 

LC004149 - Page 51 of 319

1

to job opportunities, marine transportation and improvements to projects in the offshore wind

2

industry.

3

Executive Office of Health and Human Services (EOHHS)

4

     EOHHS – Pediatric Recovery. These funds shall support a program to provide relief to

5

pediatric providers in response to the decline in visitation and enrollment caused by the public

6

health emergency and incentivize providers to increase developmental and psychosocial behavioral

7

screenings.

8

     EOHHS – Early Intervention Recovery. These funds shall support a program to provide

9

relief to early intervention providers in response to a decline in enrollment for early intervention,

10

family home visiting and screening programs. This program will also provide performance bonuses

11

for providers who hit certain targets, such as recovering referral numbers and achieving reduced

12

staff turnover.

13

     EOHHS – Eligibility Extension Compliance. These funds shall be allocated to support

14

maintaining RIBridges eligibility functionalities during the extension of the federal public health

15

emergency.

16

     EOHHS – Certified Community Behavioral Clinics. These funds shall be allocated to a

17

program to support certified community behavioral health clinics to bolster behavioral health

18

supports, medical screening and monitoring, and social services to particularly vulnerable

19

populations in response to a rise in mental health needs during the public health emergency.

20

     EOHHS – 9-8-8 Hotline. These funds shall be allocated for the creation of a 9-8-8 hotline

21

to maintain compliance with the National Suicide Hotline Designation Act of 2020 and the Federal

22

Communications Commission-adopted rules to assure that all citizens receive a consistent level of

23

9-8-8 and crisis behavioral health services.

24

Department of Children, Youth and Families (DCYF)

25

     DCYF – Provider Workforce Stabilization. These funds shall be allocated to support

26

workforce stabilization supplemental wage payments and sign-on bonuses to eligible direct care

27

and supporting care staff of contracted service providers.

28

     DCYF – Psychiatric Treatment Facility. These funds shall be allocated to establish a

29

Psychiatric Residential Treatment Facility to provide intensive residential treatment options for

30

adolescent girls and young women who face severe and complex behavioral health challenges.

31

     DCYF – Foster Home Lead Abatement & Fire Safety. These funds shall be allocated to

32

provide financial assistance to foster families for lead remediation and fire suppression upgrades.

33

Department of Human Services (DHS)

 

LC004149 - Page 52 of 319

1

     DHS – Child Care Support. To address the adverse impact the pandemic has had on the

2

child care sector, the funds allocated to this program will provide retention bonuses for direct care

3

staff at child care centers and licensed family providers in response to pandemic-related staffing

4

shortages and start up and technical assistance grants for family child care providers. The director

5

of the department of human services and the director of the department of children, youth and

6

families may waive any fees otherwise assessed upon child care provider applicants who have been

7

awarded the family child care provider incentive grant. The allocation to this program will also

8

support quality improvements, the creation of a workforce registry and additional funds for

9

educational opportunities for direct care staff.

10

     DHS – RIBridges Mobile and Child Care Tracking. These funds shall be allocated to the

11

department of human services to expand functionality of the HealthyRhode mobile application to

12

allow for beneficiaries to digitally submit applications, recertifications and reports to reduce the

13

need for in-person services, prevent the loss of needed benefits and improve efficiencies.

14

     DHS – Eligibility Extension Compliance. These funds shall be allocated to support

15

maintaining RIBridges eligibility functionalities during the extension of the public health

16

emergency.

17

     DHS – Emergency Staffing RIVH. These funds shall support a program to address urgent

18

staffing needs in state health care facilities, including the Veterans Home.

19

Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH)

20

     BHDDH – Crisis Intervention Trainings. To respond to the increased volume of mental-

21

health related calls reported by police departments, these funds shall be allocated to the crisis

22

intervention training program to provide an eight-hour training every three years for law

23

enforcement as well as continuing education opportunities.

24

     BHDDH - Emergency Staffing ESH Zambarano. These funds shall support a program to

25

address urgent staffing needs in state health care facilities, including the Zambarano unit.

26

     BHDDH – Emergency Staffing State Psychiatric Hospital. These funds shall support a

27

program to address urgent staffing needs in the state psychiatric hospital.

28

     BHDDH – Emergency Staffing ESH. These funds shall support a program to address

29

urgent staffing needs in state health care facilities, including Eleanor Slater Hospital.

30

Office of the Mental Health Advocate

31

     MHA – Mental Health Court Pilot Program. This program shall support a pilot program to

32

provide increased services for defendants with mental illness and divert entry into the criminal

33

justice system.

34

Rhode Island Department of Education (RIDE)

 

LC004149 - Page 53 of 319

1

     RIDE – Municipal Learning Centers. These funds shall be allocated to a program to partner

2

with municipalities to support the creation of centers to provide educational programing. Programs

3

will be available year-round for free or a fee-for-service rate structure, with an emphasis on out-of-

4

school time and vacations.

5

Office of the Postsecondary Commissioner (OPC)

6

     OPC – Higher Education Academies. These funds shall be allocated to the office of the

7

postsecondary commissioner to provide supports, such as targeted coaching and wraparound

8

supports, for those age 16 and older to continue their education. The program will establish

9

academies to focus on outreach to rising seniors and recent graduates in disproportionately

10

impacted communities, ensuring a seamless transition to postsecondary education or workforce

11

training, and college readiness coursework and support to enroll in summer courses.

12

Office of the Attorney General

13

     Attorney General – Mental Health Court Pilot Program. This program shall support a pilot

14

program to provide increased services for defendants with mental illness and divert entry into the

15

criminal justice system.

16

Department of Corrections (DOC)

17

     DOC – Wi-Fi and Tech at the Adult Correctional Institutions. These funds shall support

18

the purchase and installation of capital infrastructure of Wi-Fi systems at the adult correctional

19

institutions. This will enable increased access to educational opportunities for incarcerated

20

individuals.

21

     DOC – Radio Systems. These funds shall support the purchase and installation of an

22

updated radio and communication system at the adult correctional institutions.

23

Judicial Branch (Judiciary)

24

     Judiciary – Mental Health Court Pilot Program. This program shall support a pilot program

25

to provide increased services for defendants with mental illness and divert entry into the criminal

26

justice system.

27

Department of Public Safety (DPS)

28

     DPS – Support for Survivors of Domestic Violence. These funds shall be allocated to invest

29

in the nonprofit community to provide additional housing, clinical and mental health services to

30

victims of domestic violence and sexual assault. This includes increased investments for therapy

31

and counseling, housing assistance, job training, relocation aid and case management.

32

Department of Environmental Management (DEM)

 

LC004149 - Page 54 of 319

1

     DEM – Galilee Port Rehabilitation. These funds shall support a program providing

2

additional investments to port infrastructure improvements at the Port of Galilee, increasing

3

services for commercial fishing and related businesses.

4

     DEM – Permit and Licensing IT. These funds shall support a program to provide

5

information technology improvements for online permit and licensing systems for fish and wildlife,

6

commercial fishing and boating registrations.

7

Rhode Island Public Transit Authority (RIPTA)

8

     RIPTA – Pawtucket/Central Falls Bus Hub Passenger Facility. These funds shall support

9

the development of a facility outfitted with restrooms, customer service windows and covered

10

waiting areas at the Pawtucket-Central Falls Commuter Rail Station.

11

Federal Funds - Capital Projects Fund

12

Department of Administration (DOA)

13

     DOA – CPF Administration. These funds shall be allocated to the department of

14

administration to oversee the implementation of the Capital Projects Fund award from the

15

American Rescue Plan Act.

16

     DOA – Municipal and Higher Ed Matching Grant Program. These funds shall be allocated

17

to a matching fund program for cities and towns that renovate or build a community wellness center

18

that meets the work, education and health monitoring requirements identified by the U.S.

19

Department of the Treasury.

20

     DOA – RIC Student Services Center. These funds shall support the development of a

21

centralized hub at Rhode Island College, where students can complete essential tasks.

22

Executive Office of Commerce (EOC)

23

     EOC – Broadband. These funds shall be allocated to the executive office of commerce to

24

invest in last-mile projects to provide high-speed, reliable internet to all Rhode Islanders. The

25

secretary of commerce, in partnership with the director of business regulation, will run a series of

26

requests for proposals for broadband infrastructure projects, providing funds to municipalities,

27

public housing authorities, business cooperatives and local internet service providers for last-mile

28

projects targeted at those unserved and underserved by the current infrastructure. This investment

29

will unlock a minimum of $100 million in federal funds for broadband investment through the

30

Infrastructure Investment and Jobs Act.

31

     SECTION 17. Reappropriation of Funding for State Fiscal Recovery Fund and Capital

32

Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered

33

federal funds from the State Fiscal Recovery Fund and Capital Projects Fund shall be

34

reappropriated in the ensuing fiscal year and made available for the same purposes.

 

LC004149 - Page 55 of 319

1

     SECTION 18. State Fiscal Recovery Fund and Capital Projects Fund Compliance and

2

Reporting. The pandemic recovery office shall be established within the department of

3

administration to oversee all programs financed by the State Fiscal Recovery Fund or Capital

4

Projects Fund to ensure compliance with the rules, regulations, and other guidance issued by the

5

U.S. Department of the Treasury in accordance with the provisions of Section 9901, Subsections

6

602 and 604 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2. The pandemic recovery

7

office shall be responsible for submission of all reports required by the U.S. Department of the

8

Treasury for the State Fiscal Recovery Fund and Capital Projects Fund.

9

     In consultation with the pandemic recovery office, the budget officer shall establish an

10

allotment system such that distributions of State Fiscal Recovery Fund and Capital Projects Fund

11

shall be made contingent upon recipients’ compliance with all state and federal rules, regulations,

12

and guidance.

13

     SECTION 19. This article shall take effect as of July 1, 2022, except as otherwise provided

14

herein.

 

LC004149 - Page 56 of 319

1

ARTICLE 2

2

RELATING TO STATE FUNDS

3

     SECTION 1. Chapter 23-17.14 of the General Laws entitled “The Hospital Conversions

4

Act” is hereby amended by adding thereto the following section:

5

     23-17.14-36. Hospital conversion monitoring account

6

     There is hereby established within the department of health, a restricted receipt account

7

entitled “Hospital Conversion Monitoring.” This account shall be used for the sole purpose to fund

8

monitoring activities associated with hospital conversions pursuant to § 23-17.14-28(d) (1), (2),

9

(3), and (4). Funds held in non-state escrow, whether currently existing or prospective, through

10

agreement between the department of health and the conversion acquiror may be deposited into the

11

restricted receipt account and disbursed, as necessary, to conduct the monitoring activities

12

associated with § 23-17.14-28(d) (1), (2), (3), and (4).

13

     SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State Funds”

14

is hereby amended to read as follows:

15

     35-4-27. Indirect cost recoveries on restricted receipt accounts.

16

     Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

17

restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there

18

shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions

19

from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on

20

federal grant funds; or (3) Through transfers from state agencies to the department of administration

21

for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,

22

unless prohibited by federal law or regulation, court order, or court settlement. The following

23

restricted receipt accounts shall not be subject to the provisions of this section:

24

     Executive Office of Health and Human Services

25

     Organ Transplant Fund

26

     HIV Care Grant Drug Rebates

27

     Health System Transformation Project

28

     Adult Use Marijuana Program Licensing

29

     Rhode Island Statewide Opioid Abatement Account

30

     HCBS Support- ARPA

31

     HCBS Admin Support- ARPA

32

     Department of Human Services

33

     Veterans' home — Restricted account

34

     Veterans' home — Resident benefits

 

LC004149 - Page 57 of 319

1

     Pharmaceutical Rebates Account

2

     Demand Side Management Grants

3

     Veteran's Cemetery Memorial Fund

4

     Donations — New Veterans' Home Construction

5

     Department of Health

6

     Pandemic medications and equipment account

7

     Miscellaneous Donations/Grants from Non-Profits

8

     State Loan Repayment Match

9

     Healthcare Information Technology

10

     Adult Use Marijuana Program

11

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

12

     Eleanor Slater non-Medicaid third-party payor account

13

     Hospital Medicare Part D Receipts

14

     RICLAS Group Home Operations

15

     Adult Use Marijuana Program

16

     Commission on the Deaf and Hard of Hearing

17

     Emergency and public communication access account

18

     Department of Environmental Management

19

     National heritage revolving fund

20

     Environmental response fund II

21

     Underground storage tanks registration fees

22

     De Coppet Estate Fund

23

     Rhode Island Historical Preservation and Heritage Commission

24

     Historic preservation revolving loan fund

25

     Historic Preservation loan fund — Interest revenue

26

     Department of Public Safety

27

     E-911 Uniform Emergency Telephone System

28

     Forfeited property — Retained

29

     Forfeitures — Federal

30

     Forfeited property — Gambling

31

     Donation — Polygraph and Law Enforcement Training

32

     Rhode Island State Firefighter's League Training Account

33

     Fire Academy Training Fees Account

34

     Adult Use Marijuana Program

 

LC004149 - Page 58 of 319

1

     Attorney General

2

     Forfeiture of property

3

     Federal forfeitures

4

     Attorney General multi-state account

5

     Forfeited property — Gambling

6

     Automatic Expungement

7

     Department of Administration

8

     OER Reconciliation Funding

9

     Health Insurance Market Integrity Fund

10

     RI Health Benefits Exchange

11

     Information Technology Investment Fund

12

     Restore and replacement — Insurance coverage

13

     Convention Center Authority rental payments

14

     Investment Receipts — TANS

15

     OPEB System Restricted Receipt Account

16

     Car Rental Tax/Surcharge-Warwick Share

17

     Grants Management Administration

18

     Executive Office of Commerce

19

     Housing Resources Commission Restricted Account

20

     Housing Production Fund

21

     Department of Revenue

22

     DMV Modernization Project

23

     Jobs Tax Credit Redemption Fund

24

     Adult Use Marijuana Program

25

     Legislature

26

     Audit of federal assisted programs

27

     Department of Children, Youth and Families

28

     Children's Trust Accounts — SSI

29

     Military Staff

30

     RI Military Family Relief Fund

31

     RI National Guard Counterdrug Program

32

     Treasury

33

     Admin. Expenses — State Retirement System

34

     Retirement — Treasury Investment Options

 

LC004149 - Page 59 of 319

1

     Defined Contribution — Administration - RR

2

     Violent Crimes Compensation — Refunds

3

     Treasury Research Fellowship

4

     Business Regulation

5

     Banking Division Reimbursement Account

6

     Office of the Health Insurance Commissioner Reimbursement Account

7

     Securities Division Reimbursement Account

8

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

9

     Insurance Division Reimbursement Account

10

     Historic Preservation Tax Credit Account

11

     Adult Use Marijuana Program

12

     Judiciary

13

     Arbitration Fund Restricted Receipt Account

14

     Third-Party Grants

15

     RI Judiciary Technology Surcharge Account

16

     Automatic Expungement

17

     Department of Elementary and Secondary Education

18

     Statewide Student Transportation Services Account

19

     School for the Deaf Fee-for-Service Account

20

     School for the Deaf — School Breakfast and Lunch Program

21

     Davies Career and Technical School Local Education Aid Account

22

     Davies — National School Breakfast & Lunch Program

23

     School Construction Services

24

     Office of the Postsecondary Commissioner

25

     Higher Education and Industry Center

26

     Department of Labor and Training

27

     Job Development Fund

28

     Rhode Island Council on the Arts

29

     Governors' Portrait Donation Fund

30

     Statewide records management system account

31

     SECTION 3. Section 39-1-42 of the General Laws in Chapter 39-1 entitled “Public

32

Utilities Commission” is hereby amended to read as follows:

33

     39-1-42. Access to telephone information services for persons with disabilities.

 

LC004149 - Page 60 of 319

1

     (a) The public utilities commission shall establish, administer, and promote an information

2

accessibility service that includes:

3

     (1) A statewide telephone relay service and, through the competitive bidding process,

4

contract for the administration and operation of such a relay system for utilization of the

5

telecommunications network by deaf, hard-of-hearing and speech-impaired persons;

6

     (2) The adaptive telephone equipment loan program capable of servicing the needs of

7

persons who are deaf, hard of hearing, severely speech impaired, or those with neuromuscular

8

impairments for use with a single-party telephone line, or wireless telephone, to any subscriber who

9

is certified as deaf, hard of hearing, severely speech impaired, or with neuromuscular impairments

10

by a licensed physician, audiologist, speech pathologist, or a qualified state agency, pursuant to

11

chapter 23 of this title; and

12

     (3) A telephone access to the text of newspaper programs to residents who are blind, deaf

13

or blind, visually impaired, or reading impaired with a single-party telephone line.

14

     (b) The commission shall establish, by rule or regulation, an appropriate funding

15

mechanism to recover the costs of providing this service from each residence and business

16

telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and

17

each service line or trunk, and upon each user interface number or extension number or similarly

18

identifiable line, trunk, or path to or from a digital network. Notwithstanding the foregoing, there

19

shall not be any additional funding mechanism used to charge each residence and business

20

telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and

21

each service line or trunk, or upon each user interface number or extension number or similarly

22

identifiable line, trunk, or path to or from a digital network, to recover the costs of providing the

23

services outlined in subsection (a)(1), (2) or (3) above.

24

     (c) The commission, with the assistance of the state commission on the deaf and hard of

25

hearing, shall also develop the appropriate rules, regulations, and service standards necessary to

26

implement the provisions of subsection (a)(1). At a minimum, however, the commission shall

27

require, under the terms of the contract, that the relay service provider:

28

     (1) Offer its relay services seven (7) days a week, twenty-four (24) hours a day, including

29

holidays;

30

     (2) Hire only qualified salaried operators with deaf language skills; and

31

     (3) Maintain the confidentiality of all communications.

32

     (d) The commission shall collect from the telecommunications service providers the

33

amounts of the surcharge collected from their subscribers and remit to the department of human

34

services an additional ten thousand dollars ($10,000) annually commencing in fiscal year 2005 for

 

LC004149 - Page 61 of 319

1

the adaptive telephone equipment loan program and forty thousand dollars ($40,000) to the

2

department of human services for the establishment of a new telephone access to the text of

3

newspaper programs. In addition, eighty thousand dollars ($80,000) one hundred thousand dollars

4

($100,000) shall annually be remitted to the Rhode Island commission on the deaf and hard of

5

hearing for an emergency and public communication access program, pursuant to § 23-1.8-4. The

6

surcharge referenced hereunder shall be generated from existing funding mechanisms and shall not

7

be generated as a result of any new funding mechanisms charged to each residence and business

8

telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and

9

each service line or trunk, or upon each user interface number or extension number or similarly

10

identifiable line, trunk, or path to or from a digital network.

11

     SECTION 4. Section 42-7.2-10 of the General Laws in Chapter 42-7.2 entitled “Office of

12

Health and Human Services” is hereby amended to read as follows:

13

     42-7.2-10. Appropriations and disbursements.

14

     (a) The general assembly shall annually appropriate such sums as it may deem necessary

15

for the purpose of carrying out the provisions of this chapter. The state controller is hereby

16

authorized and directed to draw his or her orders upon the general treasurer for the payment of such

17

sum or sums, or so much thereof as may from time to time be required, upon receipt by him or her

18

of proper vouchers approved by the secretary of the executive office of health and human services,

19

or his or her designee.

20

     (b) For the purpose of recording federal financial participation associated with qualifying

21

healthcare workforce development activities at the state's public institutions of higher education,

22

and pursuant to the Rhode Island designated state health programs (DSHP), as approved by the

23

Centers for Medicare & Medicaid Services (CMC) October 20, 2016, in the 11-W-00242/1

24

amendment to Rhode Island's section 1115 Demonstration Waiver, there is hereby established a

25

restricted-receipt account entitled "Health System Transformation Project" in the general fund of

26

the state and included in the budget of the office of health and human services.

27

     (c) There are hereby created within the general fund of the state and housed within the

28

budget of the office of health and human services two restricted receipt accounts, respectively

29

entitled “HCBS Support- ARPA” and HCBS Admin Support- ARPA”. Amounts deposited into

30

these accounts are the enhanced federal match received on eligible home and community-based

31

services between April 1, 2021 and March 31, 2022, allowable under Section 9817 of the American

32

Rescue Plan Act of 2021, P.L. 117-2. Funds deposited into the “HCBS Support- ARPA” account

33

will used to finance the state share of newly eligible medicaid expenditures by the executive office

34

of health and human services and its sister agencies, including the department of children, youth,

 

LC004149 - Page 62 of 319

1

and families, the department of health, and the department of behavioral healthcare, developmental

2

disabilities, and hospitals. Funds deposited into the “HCBS Admin Support- ARPA” account will

3

used to finance the state share of allowable administrative expenditures attendant to the

4

implementation of these newly eligible medicaid expenditures. The accounts created under this

5

subsection shall be exempt from the indirect cost recovery provisions of Section 35-4-27 of the

6

Rhode Island general laws.

7

     (d) There is hereby created within the general fund of the state and housed within the budget

8

of the office of health and human services a restricted receipt account entitled “Rhode Island

9

Statewide Opioid Abatement Account” for the purpose of receiving and expending monies from

10

settlement agreements with opioid manufacturers, pharmaceutical distributors, pharmacies, or their

11

affiliates, as well as monies resulting from bankruptcy proceedings of the same entities. The

12

executive office of health and human services shall deposit any revenues from such sources that

13

are designated for opioid abatement purposes into the restricted receipt account. Funds from this

14

account shall only to be used for forward-looking opioid abatement efforts as defined and limited

15

by any settlement agreements, state-city and town agreements, or court orders pertaining to the use

16

of such funds. By January 1 of each calendar year, the secretary of health and human services shall

17

report to the governor, the speaker of the house of representatives, the president of the senate, and

18

the attorney general on the expenditures that were funded using monies from the Rhode Island

19

statewide opioid abatement account and the amount of funds spent. The account created under this

20

subsection shall be exempt from the indirect cost recovery provisions of Section 35-4-27 of the

21

Rhode Island General Laws.

22

     SECTION 5. Section 4 of this Article shall take effect as of July 1, 2021. Sections 1, 2,

23

and 3 of this Article shall take effect as of July 1, 2022.

 

LC004149 - Page 63 of 319

1

ARTICLE 3

2

RELATING TO GOVERNMENT REFORM AND RE-ORGANIZATION

3

     SECTION 1. Section 3-7-14.2 of the General Laws in Chapter 3-7 entitled "Retail

4

Licenses" is hereby amended to read as follows:

5

     3-7-14.2. Class P licenses -- Caterers.

6

     (a) A caterer licensed by the department of health and the division of taxation shall

7

be eligible to apply for a Class P license from the department of business regulation. The

8

department of business regulation is authorized to issue all caterers' licenses. The license will

9

be valid throughout this state as a state license and no further license will be required or tax imposed

10

by any city or town upon this alcoholic beverage privilege. Each caterer to which the license is issued

11

shall pay to the department of business regulation an annual fee of five hundred dollars ($500) for

12

the license, and one dollar ($1.00) for each duplicate of the license, which fees are paid into the

13

state treasury. The department is authorized to promulgate rules and regulations for the

14

implementation of this license. In promulgating said rules, the department shall include, but is

15

not limited to, the following standards:

16

     (1) Proper identification will be required for individuals who look thirty (30) years old or

17

younger and who are ordering alcoholic beverages;

18

     (2) Only valid ID's as defined by these titles are acceptable;

19

     (3) An individual may not be served more than two (2) drinks at a time;

20

     (4) Licensee's, their agents, or employees will not serve visibly intoxicated individuals;

21

     (5) Licensee's may only serve alcoholic beverages for no more than a five (5) hour period

22

per event;

23

     (6) Only a licensee, or its employees, may serve alcoholic beverages at the event;

24

     (7) The licensee will deliver and remove alcoholic beverages to the event; and

25

     (8) No shots or triple alcoholic drinks will be served.

26

     (b) Any bartender employed by the licensee shall be certified by a nationally recognized

27

alcohol beverage server training program.

28

     (c) The licensee shall purchase at retail all alcoholic beverages from a licensed Class A

29

alcohol retail establishment located in the state, provided, however, any licensee who also holds a

30

     Class T license, issued pursuant to the provisions of § 3-7-7, shall be allowed to purchase

31

alcoholic beverages at wholesale. Any person violating this section shall be fined five hundred

32

dollars ($500) for this violation and shall be subject to license revocation. The provisions of this

33

section shall be enforced in accordance with this title.

 

LC004149 - Page 64 of 319

1

     (d) Violation of subsection (a) of this section is punishable upon conviction by a fine of

2

not more than five hundred dollars ($500). Fines imposed under this section shall be paid to the

3

department of business regulation.

4

     SECTION 2. Chapter 5-2 of the General Laws entitled "Bowling Alleys, Billiard Tables,

5

and Shooting Galleries" is hereby amended by adding thereto the following section:

6

     5-2-3.1. Billiard table defined.

7

     As used in this chapter, the term "billiard table" means and shall include billiard tables,

8

pool tables, and pocket billiard tables.

9

     SECTION 3. Sections 5-2-1, 5-2-2, 5-2-3 and 5-2-9 of the General Laws in Chapter 5-2

10

entitled "Bowling Alleys, Billiard Tables, and Shooting Galleries" are hereby amended to read as

11

follows:

12

     5-2-1. City and town regulation and taxation of bowling alleys and billiard tables City

13

and town regulation and taxation of bowling alleys and establishments with three (3) or more

14

billiard tables.

15

     The town and city councils of the several towns and cities may tax, regulate, and, if they

16

find it expedient, prohibit and suppress, bowling alleys and establishments with three (3) or more

17

billiard tables in their respective cities and towns, conforming to law.

18

     § 5-2-2. Refusal of bowling alley, box ball alley, or billiard table keeper to comply with

19

order of the city or town council.

20

     The keeper of any bowling alley, box ball alley, or establishment with three (3) or more

21

billiard table tables who refuses or neglects to comply with an order or decree relating to it, which

22

any city or town council is authorized to make, shall be fined fifty dollars ($50.00).

23

     § 5-2-3. Keeper of bowling alley, box ball alley, or billiard table defined.

24

     The owner or occupant of the premises on which any bowling alley, box ball alley, or three

25

(3) or more billiard table is tables are situated is deemed the keeper of that bowling alley, box ball

26

alley, or (3) or more billiard table tables, within the meaning of the provisions of this chapter.

27

     5-2-9. Sunday operation of bowling alleys and billiard tables.

28

     (a) Town or city councils or licensing authorities in any city or town may permit licensees

29

operating bowling alleys, or persons paying a tax for the operation of a bowling alley, to operate

30

rooms or places where bowling, or playing of billiards, or pocket billiards at establishments with

31

three (3) or more billiard tables for a fee or charge may be engaged in by patrons of those rooms or

32

places on the first day of the week, subject to any restrictions and regulations that the city or town

33

council or licensing authority designates; provided, that the operation of bowling alleys or rooms

34

or places where bowling, playing of billiards, or pocket billiards at establishments with three (3) or

 

LC004149 - Page 65 of 319

1

more billiard tables for a fee or charge is permitted on the first day of the week only between the

2

hours of one o'clock (1:00) p.m. and twelve o'clock (12:00) midnight; and provided, that no bowling

3

alley or rooms or places where bowling, playing of billiards, or pocket billiards for a fee or charge

4

is operated on the first day of the week within two hundred feet (200') of a place of public worship

5

used for public worship.

6

     (b) The operation of any bowling alley, room, or place between any hour on the last day of

7

the week and one o'clock (1:00) a.m. on the first day of the week is not a violation of this section.

8

     SECTION 4. Chapter 5-12 of the General Laws entitled "Hide and Leather Inspection"

9

is hereby repealed. 

10

     5-12-1.Town and city inspectors.

11

     There may be annually elected by the town councils of the several towns and by the

12

city councils of Providence and Newport an officer to be denominated "inspector of hides and

13

leather," who shall be sworn to the faithful discharge of his or her duties. 

14

     5-12-2. Inspection and stamping of hides and leather.

15

     City and town inspectors of hides and leather shall examine and inspect all hides and

16

leather that they may be called upon to inspect, within their towns or cities, and stamp upon the

17

inspected hides or leather their quality, as rated in the hides and leather trade, together with the

18

name of the inspector and date of inspection.

19

     5-12-3. Inspection fees.

20

     The fee of the inspector shall be at the rate of one dollar ($1.00) per hour for each

21

hour actually employed, paid by the person employing him or her; provided, that not more than five

22

(5) hours shall be paid for by one employer for the same day.

23

     5-12-4. Misconduct by inspectors.

24

     Every inspector appointed under the provisions of this chapter who willfully stamps

25

any hides or leather as of a grade above or below that at which it is properly ratable, shall forfeit

26

and pay a penalty of one hundred dollars ($100) and is liable to an action at law for damages to

27

any person injured from the action.

28

     SECTION 5. Section 5-71-8 of the General Laws in Chapter 5-71 entitled "Licensure of

29

Interpreters for the Deaf" is hereby amended to read as follows:

30

     5-71-8. Qualifications of applicants for licenses.

31

     (a) To be eligible for licensure by the board as an interpreter for the deaf or transliterator,

32

the applicant must submit written evidence on forms furnished by the department, verified by oath,

33

that the applicant meets all of the following requirements:

34

     (1) Is of good moral character;

 

LC004149 - Page 66 of 319

1

     (2) Meets the screened requirements as defined in regulations promulgated by the

2

department or meets the certification requirements set forth by RID or its successor agency

3

approved by the department in consultation with the board;

4

     (3) Pays the department a license fee as set forth in § 23-1-54;

5

     (4) Adheres to the National Association of the Deaf (NAD) and the Registry of Interpreters

6

for the Deaf, Inc. (RID) code of professional conduct; and

7

     (5) Provides verification of a background check with the bureau of criminal investigation

8

in the office of attorney general at the time of the initial application for license.

9

     (b) To be eligible for licensure by the board as an educational interpreter for the deaf, the

10

applicant must meet all of the requirements as described in subsection (a) and must further present

11

proof of successful completion of the educational interpreter performance assessment (EIPA),

12

written and performance tests, or a similar test as approved by the board, at a performance level

13

established by the board.

14

     (c) An individual whose license, certification, permit, or equivalent form of permission

15

issued within another state has been revoked, suspended, or currently placed on probation shall not

16

be eligible for consideration for licensure unless they have first disclosed to the department about

17

such disciplinary actions.

18

     SECTION 6. Sections 9-5-10.1, 9-5-10.5 and 9-5-10.6 of the General Laws in Chapter 9-

19

5 entitled "Writs, Summons and Process" are hereby amended to read as follows:

20

     9-5-10.1. Certification of constables.

21

     (a) (1) A person at least twenty-one (21) years of age who complies with the statute and

22

the requirements set forth in any regulations promulgated by the department of business regulation

23

may file an application with the department requesting that the applicant be certified as a

24

constable. Once issued by the department, the certification shall be effective for a period of two (2)

25

years or until the approval is withdrawn by the department. A certified constable shall be entitled

26

to serve or execute writs and process in such capacity for any court of the state, anywhere in the

27

state, subject to any terms and limitations as set forth by the court, and in such number as determined

28

by the chief judge of the district court.

29

     (2) A person to be certified as a constable shall provide documentation and evidence

30

satisfactory to the department of business regulations that the person possesses the specified

31

minimum qualifications to include:

32

     (i) Sixty (60) hours of earned credit from an accredited college, university, or institution;

33

or

34

     (ii) Four (4) years of honorable military service; or

 

LC004149 - Page 67 of 319

1

     (iii) Twenty (20) years of honorable service with a local, state, or federal law enforcement

2

agency; and

3

     (iv) United State citizenship; and

4

     (v) Possession of a valid motor vehicle operator's license; and

5

     (vi) Successful completion of unlawful drug use screening; and

6

     (vii) Successful completion of psychological testing approved by the department of

7

business regulation.

8

     (b) Certification process.

9

     (1) Application.

10

     (i) Any person seeking certification pursuant to this section shall complete an application

11

and submit it to the department of business regulation in the form designated by the department for

12

such applications.

13

     (ii) The application shall include information determined by the department to be relevant

14

to licensure and shall include a national criminal background check.

15

     (2) Referral to certified constables' board. Once the applicant has provided a completed

16

application, the department shall refer the applicant to the certified constables' board by providing

17

a copy of the application to the board and to the chief judge of the district court.

18

     (3) Training.

19

     (i) Following review of the application, the board shall determine whether the applicant

20

should be recommended for training by the board to be conducted by a volunteer training constable.

21

If the board determines that training is appropriate, the applicant shall be assigned to a training

22

constable who shall be a constable in good standing for a minimum of ten (10) years and who is

23

approved by the chief judge of the district court to train prospective constables department.

24

     (ii) Training shall consist of a minimum of ninety (90) hours to be completed no sooner

25

than ninety (90) days from the date of the referral by the board. The department may waive the

26

training requirement of this section for an applicant who has graduated from a certified police or

27

law enforcement academy and who has a minimum of twenty (20) years of honorable service as a

28

police or law enforcement officer.

29

     (iii) Within thirty (30) days from the conclusion of training, a written report shall be

30

submitted by the training constable to the board with a copy to the department that reflects the dates

31

and times of training and comments on the aptitude of the trainee.

32

     (iv) If the board concludes that training is not appropriate or if the report of the training

33

constable concludes that the applicant does not have the aptitude to perform the duties of a

34

constable, the board shall so inform the department which shall deny the application on that basis.

 

LC004149 - Page 68 of 319

1

     (4) Oral and written tests.

2

     (i) Upon the successful completion of the training period and recommendation from the

3

training constable, within ninety (90) days, the applicant shall complete an oral examination on the

4

legal and practical aspects of certified constables' duties that shall be created and administered by

5

the board.

6

     (ii) Upon the successful completion of the oral examination, within sixty (60) days the

7

applicant must complete a written test created by the board and approved by the chief judge of the

8

district court department that measures the applicant's knowledge of state law and court procedure.

9

     (iii) If the board concludes that the applicant has not successfully passed either the oral or

10

written test, the board shall so inform the department which shall deny the application on that basis.

11

     (5) Final review. The department shall review the application, training record, test scores,

12

and such other information or documentation as required and shall determine whether the applicant

13

shall be approved for certification and the person authorized to serve process in the state.

14

     (c) Any person certified as a constable on the effective date of this act shall continue to be

15

certified without complying with the certification requirements prescribed by this act.

16

     9-5-10.5. Suspension, revocation or review of certification of certified constables.

17

     (a) Upon the receipt of a written complaint, request of the board, request of a judge of any

18

court, or upon its own initiative, the department shall ascertain the facts and, if warranted, hold a

19

hearing for the reprimand, suspension, or revocation of a certification. The director, or his or her

20

designee, has the power to refuse a certification for cause or to suspend or revoke a certification or

21

place an applicant on probation for any of the following reasons:

22

     (1) The certification was obtained by false representation or by fraudulent act or conduct;

23

     (2) Failure to report to the department any of the following within thirty (30) days of the

24

occurrence:

25

     (i) Any criminal prosecution taken in any jurisdiction. The constable shall provide the

26

initial complaint filed and any other relevant legal documents;

27

     (ii) Any change of name, address or other contact information;

28

     (iii) Any administrative action taken against the constable in any jurisdiction by any

29

government agency within or outside of this state. The report shall include a copy of all relevant

30

legal documents.

31

     (3) Failure to respond to the department within ten (10) days to any written inquiry from

32

the department;

33

     (4) Where a certified constable, in performing or attempting to perform any of the acts

34

mentioned in this section, is found to have committed any of the following:

 

LC004149 - Page 69 of 319

1

     (i) Inappropriate conduct that fails to promote public confidence, including failure to

2

maintain impartiality, equity, and fairness in the conduct of his or her duties;

3

     (ii) Neglect, misfeasance, or malfeasance of his or her duties;

4

     (iii) Failure to adhere to court policies, rules, procedures, or regulations;

5

     (iv) Failure to maintain the highest standards of personal integrity, honesty, and

6

truthfulness, including misrepresentation, bad faith, dishonesty, incompetence, or an arrest or

7

conviction of a crime.

8

     (5) A copy of the determination of the director of department of business regulation, or his

9

or her designee, shall be forwarded to the chief judge of the district court within ten (10) business

10

days.

11

     (b) Nothing herein shall be construed to prohibit the chief of any court from suspending

12

the certification of a constable to serve process within his or her respective court pending the

13

outcome of an investigation consistent with the provisions of chapter 35 of title 42.

14

     (c) The department is authorized to levy an administrative penalty not exceeding one

15

thousand dollars ($1,000) for each violation for failure to comply with the provisions of this chapter

16

or with any rule or regulation promulgated by the department.

17

     9-5-10.6. Certified constables' board.

18

     (a) There shall be created a certified constables' board that shall review each applicant and

19

recommend him or her for training, conduct the oral examination of each applicant, and that shall

20

serve as a resource to the chief judge and the department in the consideration of the practical aspects

21

of constable practice. The board shall consist of five (5) members appointed by the governor: two

22

(2) who shall be constables in good standing who have served for at least ten (10) years, one of

23

whom shall be appointed recommended by the Rhode Island Constables, Inc. and one appointed

24

recommended by the Rhode Island Constables Association; and three (3) attorneys who shall be

25

licensed to practice law by the supreme court in good standing who shall be appointed by the chief

26

judge of the district court. Members of the constables' board shall serve for terms of five (5) years

27

until a successor is appointed and qualified.

28

     (b) A representative of the board may attend hearings in order to furnish advice to the

29

department. The board may also consult with the department of business regulation from time to

30

time on matters relating to constable certification.

31

     SECTION 7. Chapter 28.10 of the General Laws entitled “Opioid Stewardship Act” is

32

hereby amended by adding thereto the following section: 

33

     21-28.10-14.  Transfer of powers and duties 

 

LC004149 - Page 70 of 319

1

     The employee responsible for performing fiscal functions associated with the management

2

of the opioid stewardship fund within the department of health shall be transferred to the executive

3

office. 

4

     SECTION 8. Sections 21-28.10-1, 21-28.10-2, 21-28.10-3, 21-28.10-4, 21-28.10-5, 21-

5

28.10-6, 21-28.10-7, 21-28.10-8, 21-28.10-9, 21-28.10-10, 21-28.10-11, and 21-28.10-13 of the

6

General Laws in Chapter 28.10 entitled “Opioid Stewardship Act” are hereby amended to read as

7

follows:  

8

     21-28.10-1.  Definitions.

9

     Unless the context otherwise requires, the following terms shall be construed in this chapter

10

to have the following meanings:

11

      (1) "Department" means the Rhode Island department of health.

12

      (2) "Director" means the director of the Rhode Island department of health.

13

      (3) (1) "Distribute" means distribute as defined in § 21-28-1.02.

14

      (4) (2) "Distributor" means distributor as defined in § 21-28-1.02.

15

      (5) (3) “Executive Office” means the executive office of health and human

16

services.

17

      (5) (4) "Manufacture" means manufacture as defined in § 21-28-1.02.

18

      (6) (5) "Manufacturer" means manufacturer as defined in § 21-28-1.02.

19

      (7) (6) "Market share" means the total opioid stewardship fund amount measured

20

as a percentage of each manufacturer's, distributor's and wholesaler's gross, in-state opioid sales in

21

dollars from the previous calendar year as reported to the U.S. Drug Enforcement Administration

22

(DEA) on its Automation of Reports and Consolidated Orders System (ARCOS) report.

23

     (7) “Secretary” means the secretary of the executive office of health and human services.

24

     (8) "Wholesaler" means wholesaler as defined in § 21-28-1.02.

25

     21-28.10-2.  Opioid registration fee imposed on manufacturers, distributors, and

26

wholesalers.

27

     All manufacturers, distributors, and wholesalers licensed or registered under this title or

28

chapter 19.1 of title 5 (hereinafter referred to as "licensees"), that manufacture or distribute opioids

29

shall be required to pay an opioid registration fee. On an annual basis, the director secretary shall

30

certify the amount of all revenues collected from opioid registration fees and any penalties imposed,

31

to the general treasurer. The amount of revenues so certified shall be deposited annually into the

32

opioid stewardship fund restricted receipt account established pursuant to § 21-28.10-10.

33

     21-28.10-3.  Determination of market share and registration fee.

 

LC004149 - Page 71 of 319

1

     (1) The total opioid stewardship fund amount shall be five million dollars ($5,000,000)

2

annually, subject to downward adjustments pursuant to § 21-28.10-7.

3

     (2) Each manufacturer's, distributor's, and wholesaler's annual opioid registration fee shall

4

be based on that licensee's in-state market share.

5

     (3) The following sales will not be included when determining a manufacturer's,

6

distributor's, or wholesaler's market share:

7

      (i) The gross, in-state opioid sales attributed to the sale of buprenorphine or methadone;

8

      (ii) The gross, in-state opioid sales sold or distributed directly to opioid treatment

9

programs, data-waivered practitioners, or hospice providers licensed pursuant to chapter 17 of title

10

23;

11

     (iii) Any sales from those opioids manufactured in Rhode Island, but whose final point of

12

delivery or sale is outside of Rhode Island;

13

     (iv) Any sales of anesthesia or epidurals as defined in regulation by the department; and

14

     (v) Any in-state intracompany transfers of opioids between any division, affiliate,

15

subsidiary, parent, or other entity under complete and common ownership and control.

16

     (4) The department executive office shall provide to the licensee, in writing, on or before

17

October 15, 2019 annually, the licensee's market share for the 2018 previous calendar year.

18

Thereafter, tThe department executive office shall notify the licensee, in writing, on or before

19

October 15 of each year, of its market share for the prior calendar year based on the opioids sold

20

or distributed for the prior calendar year.

21

     21-28.10-4.  Reports and records.

22

     (a) Each manufacturer, distributor, and wholesaler licensed to manufacture or distribute

23

opioids in the state of Rhode Island shall provide to the director secretary a report detailing all

24

opioids sold or distributed by that manufacturer or distributor in the state of Rhode Island. Such

25

report shall include:

26

     (1) The manufacturer's, distributor's, or wholesaler's name, address, phone number, DEA

27

registration number, and controlled substance license number issued by the department;

28

     (2) The name, address, and DEA registration number of the entity to whom the opioid was

29

sold or distributed;

30

     (3) The date of the sale or distribution of the opioids;

31

     (4) The gross receipt total, in dollars, of all opioids sold or distributed;

32

     (5) The name and National Drug Code of the opioids sold or distributed;

33

     (6) The number of containers and the strength and metric quantity of controlled substance

34

in each container of the opioids sold or distributed; and

 

LC004149 - Page 72 of 319

1

     (7) Any other elements as deemed necessary or advisable by the director secretary.

2

     (b) Initial and future reports.  This information shall be reported annually to the department

3

executive office via ARCOS or in such other form as defined or approved by the director secretary;

4

provided, however, that the initial report provided pursuant to subsection (a) shall consist of all

5

opioids sold or distributed in the state of Rhode Island for the 2018 calendar year, and shall be

6

submitted by September 1, 2019. Subsequent annual reports shall be submitted by April 15 of each

7

year based on the actual opioid sales and distributions of the prior calendar year.

8

     21-28.10-5.  Payment of market share.

9

     The licensee shall make payments annually to the department executive office with the first

10

payment of its market share due on December 31, 2019; provided, that the amount due on December

11

31, 2019, shall be for the full amount of the payment for the 2018 calendar year, with subsequent

12

payments to be due and owing on the last day of every year thereafter.

13

     21-28.10-6.  Rebate of market share.

14

     In any year for which the director secretary determines that a licensee failed to report

15

information required by this chapter, those licensees complying with this chapter shall receive a

16

reduced assessment of their market share in the following year equal to the amount in excess of any

17

overpayment in the prior payment period.

18

     21-28.10-7.  Licensee opportunity to appeal.

19

      (a) A licensee shall be afforded an opportunity to submit information to the

20

department secretary documenting or evidencing that the market share provided to the licensee (or

21

amounts paid thereunder), pursuant to § 21-28.10-3(4), is in error or otherwise not warranted. The

22

department executive office may consider and examine such additional information that it

23

determines to be reasonably related to resolving the calculation of a licensee's market share, which

24

may require the licensee to provide additional materials to the department executive office. If the

25

department executive office determines thereafter that all or a portion of such market share, as

26

determined by the director secretary pursuant to § 21-28.10-3(4), is not warranted, the department

27

executive office may:

28

     (1) Adjust the market share;

29

     (2) Adjust the assessment of the market share in the following year equal to the amount in

30

excess of any overpayment in the prior payment period; or

31

     (3) Refund amounts paid in error.

32

     (b) Any person aggrieved by a decision of the department executive office relating to the

33

calculation of market share may appeal that decision to the superior court, which shall have power

 

LC004149 - Page 73 of 319

1

to review such decision, and the process by which such decision was made, as prescribed in chapter

2

35 of title 42.

3

     (c) A licensee shall also have the ability to appeal its assessed opioid registration fee if the

4

assessed fee amount exceeds the amount of profit the licensee obtains through sales in the state of

5

products described in § 21-28.10-3. The department executive office may, exercising discretion as

6

it deems appropriate, waive or decrease fees as assessed pursuant to § 21-28.10-3 if a licensee can

7

demonstrate that the correctly assessed payment will pose undue hardship to the licensee's

8

continued activities in state. The department executive office shall be allowed to request, and the

9

licensee shall furnish to the department, any information or supporting documentation validating

10

the licensee's request for waiver or reduction under this subsection. Fees waived under this section

11

shall not be reapportioned to other licensees which have payments due under this chapter.

12

     21-28.10-8.  Departmental aAnnual reporting.

13

     By January of each calendar year, the department of health, the department of behavioral

14

healthcare, developmental disabilities and hospitals (BHDDH), the executive office of health and

15

human services (EOHHS), the department of children, youth and families (DCYF), the Rhode

16

Island department of education (RIDE), the Rhode Island office of veterans services, the

17

department of corrections (DOC), the department of labor and training (DLT), and any other

18

department or agency receiving opioid stewardship funds shall report annually to the governor, the

19

speaker of the house, and the senate president which programs in their respective departments were

20

funded using monies from the opioid stewardship fund and the total amount of funds spent on each

21

program.

22

     21-28.10-9.  Penalties.

23

      (a) The department executive office may assess a civil penalty in an amount not to exceed

24

one thousand dollars ($1,000) per day against any licensee that fails to comply with this chapter.

25

     (b) (1) In addition to any other civil penalty provided by law, where a licensee has failed

26

to pay its market share in accordance with § 21-28.10-5, the department executive office may also

27

assess a penalty of no less than ten percent (10%) and no greater than three hundred percent (300%)

28

of the market share due from such licensee.

29

     (2) In addition to any other criminal penalty provided by law, where a licensee has failed

30

to pay its market share in accordance with § 21-28.10-5, the department executive office may also

31

assess a penalty of no less than ten percent (10%) and no greater than fifty percent (50%) of the

32

market share due from such licensee.

33

     21-28.10-10.  Creation of opioid stewardship fund.

 

LC004149 - Page 74 of 319

1

     (a) There is hereby established, in the custody of the department, executive office, a

2

restricted-receipt account to be known as the "opioid stewardship fund."

3

     (b) Monies in the opioid stewardship fund shall be kept separate and shall not be

4

commingled with any other monies in the custody of the department executive office.

5

     (c) The opioid stewardship fund shall consist of monies appropriated for the purpose of

6

such account; monies transferred to such account pursuant to law; contributions consisting of

7

promises or grants of any money or property of any kind or value, or any other thing of value,

8

including grants or other financial assistance from any agency of government; and monies required

9

by the provisions of this chapter or any other law to be paid into or credited to this account.

10

     (d) Monies of the opioid stewardship fund shall be available to provide opioid treatment,

11

recovery, prevention, education services, and other related programs, subject to appropriation by

12

the general assembly.

13

     (e) The budget officer is hereby authorized to create restricted receipt accounts entitled

14

"opioid stewardship fund allocation" in any department or agency of state government wherein

15

monies from the opioid stewardship fund are appropriated by the general assembly for the

16

programmatic purposes set forth in subsection (d) of this section.

17

     21-28.10-11.  Allocation.

18

     The monies, when allocated, shall be paid out of the opioid stewardship fund and subject

19

to the approval of the director secretary and the approvals of the directors of the departments of

20

health and behavioral healthcare, developmental disabilities and hospitals (BHDDH), pursuant to

21

the provisions of this chapter.

22

     21-28.10-13.  Rules and regulations.

23

     The director secretary may prescribe rules and regulations, not inconsistent with law, to

24

carry into effect the provisions of this chapter 28.10 of title 21, which rules and regulations, when

25

reasonably designed to carry out the intent and purpose of this chapter, are prima facie evidence of

26

its proper interpretation. Such rules and regulations may be amended, suspended, or revoked, from

27

time to time and in whole or in part, by the director secretary. The director secretary may prescribe,

28

and may furnish, any forms necessary or advisable for the administration of this chapter.

29

     SECTION 9. Section 23-24.12-3 of the General Laws in Chapter 23-24.12 entitled "Proper

30

Management of Unused Paint" is hereby amended to read as follows:

31

     23-24.12-3. Establishment of paint stewardship program.

32

     (a) On or before March 1, 2014, each producer shall join the representative organization

33

and such representative organization shall submit a plan for the establishment of a paint stewardship

34

program to the department for approval. The program shall minimize the public sector involvement

 

LC004149 - Page 75 of 319

1

in the management of post-consumer paint by reducing the generation of post-consumer paint,

2

negotiating agreements to collect, transport, reuse, recycle, and/or burn for energy recovery at an

3

appropriately licensed facility post-consumer paint using environmentally sound management

4

practices.

5

        (b) The program shall also provide for convenient and available state-wide collection of

6

post-consumer paint that, at a minimum, provides for collection rates and convenience greater than

7

the collection programs available to consumers prior to such paint stewardship program; propose a

8

paint stewardship assessment; include a funding mechanism that requires each producer who

9

participates in the representative organization to remit to the representative organization payment

10

of the paint stewardship assessment for each container of architectural paint sold within the state;

11

include an education and outreach program to help ensure the success of the program; and, work

12

with the department and Rhode Island commerce corporation to identify ways in which the state

13

can motivate local infrastructure investment, business development and job creation related to the

14

collection, transportation and processing of post-consumer paint.

15

        (c) The plan submitted to the department pursuant to this section shall:

16

       (1) Identify each producer participating in the paint stewardship program and the brands

17

of architectural paint sold in this state covered by the program;

18

        (2) Identify how the representative organization will provide convenient, statewide

19

accessibility to the program;

20

        (3) Set forth the process by which an independent auditor will be selected and identify

21

the criteria used by the representative organization in selecting independent auditor;

22

        (4) Identify, in detail, the educational and outreach program that will be implemented to

23

inform consumers and retailers of the program and how to participate;

24

        (5) Identify the methods and procedures under which the paint stewardship program will

25

be coordinated with the Rhode Island resource recovery corporation;

26

        (6) Identify, in detail, the operational plans for interacting with retailers on the proper

27

handling and management of post-consumer paint;

28

        (7) Include the proposed, audited paint assessment as identified in this section;

29

        (8) Include the targeted annual collection rate;

30

        (9) Include a description of the intended treatment, storage, transportation and disposal

31

options and methods for the collected post-consumer paint; and

32

        (10) Be accompanied by a fee in the amount of two thousand five hundred dollars

33

($2,500) to be deposited into the environmental response fund to cover the review of said plan by

34

the department.

 

LC004149 - Page 76 of 319

1

        (d) (1) Not later than sixty (60) days after submission of a plan pursuant to this section,

2

the department shall make a determination whether to:

3

        (1i) Approve the plan as submitted;

4

        (2ii) Approve the plan with conditions; or

5

        (3iii) Deny the plan.

6

        (2) If the department chooses to deny the plan, the department shall inform the

7

representative organization, in writing, of the reasons for the denial. The representative

8

organization shall then submit a revised plan for review by the department that takes into

9

consideration the reasons for the initial denial.

10

        (e) Not later than three (3) months after the date the plan is approved, the representative

11

organization shall implement the paint stewardship program.

12

        (f) On or before March 1, 2014, the representative organization shall propose a uniform

13

paint stewardship assessment for all architectural paint sold in this state. Such proposed paint

14

stewardship assessment shall be reviewed by an independent auditor to assure that such assessment

15

is consistent with the budget of the paint stewardship program described in this section and such

16

independent auditor shall recommend an amount for such paint stewardship assessment to the

17

department. The department shall be responsible for the approval of such paint stewardship

18

assessment based upon the independent auditor's recommendation. If the paint stewardship

19

assessment previously approved by the department pursuant to this section is proposed to be

20

changed, the representative organization shall submit the new, adjusted uniform paint stewardship

21

assessment to an independent auditor for review. After such review has been completed, the

22

representative organization shall submit the results of said auditor's review and a proposal to amend

23

the paint stewardship assessment to the department for review. The department shall review and

24

approve, in writing, the adjusted paint stewardship assessment before the new assessment can be

25

implemented. Any proposed changes to the paint stewardship assessment shall be submitted to the

26

department no later than sixty (60) days prior to the date the representative organization anticipates

27

the adjusted assessment to take effect.

28

        (g) On and after the date of implementation of the paint stewardship program pursuant to

29

this section, the paint stewardship assessment shall be added to the cost of all architectural paint

30

sold to retailers and distributors in this state by each producer. On and after such implementation

31

date, each retailer or distributor, as applicable, shall add the amount of such paint stewardship

32

assessment to the purchase price of all architectural paint sold in this state.

 

LC004149 - Page 77 of 319

1

        (h) Any retailer may participate, on a voluntary basis, as a paint collection point pursuant

2

to such paint stewardship program and in accordance with any applicable provision of law or

3

regulation.

4

        (i) Each producer and the representative organization shall be immune from liability for

5

any claim of a violation of antitrust law or unfair trade practice if such conduct is a violation of

6

antitrust law, to the extent such producer or representative organization is exercising authority

7

pursuant to the provisions of this section.

8

        (j) Not later than the implementation date of the paint stewardship program, the

9

department shall list the names of participating producers the brands of architectural paint covered

10

by such paint stewardship program and the cost of the approved paint stewardship assessment on

11

its website.

12

        (k) (1) On and after the implementation date of the paint stewardship program, no

13

producer, distributor or retailer shall sell or offer for sale architectural paint to any person in this

14

state if the producer of such architectural paint is not a member of the representative organization.

15

        (2) No retailer or distributor shall be found to be in violation of the provisions of this

16

section if, on the date the architectural paint was ordered from the producer or its agent, the

17

producer or the subject brand of architectural paint was listed on the department's website in

18

accordance with the provisions of this section.

19

     (l) Producers or the representative organization shall provide retailers with educational

20

materials regarding the paint stewardship assessment and paint stewardship program to be

21

distributed at the point of sale to the consumer. Such materials shall include, but not be limited to,

22

information regarding available end-of-life management options for architectural paint offered

23

through the paint stewardship program and information that notifies consumers that a charge for

24

the operation of such paint stewardship program is included in the purchase price of all architectural

25

paint sold in this state.

26

     (m) On or before October 15, 2015, and annually thereafter, the representative organization

27

shall submit a report to the director of the department of environmental management that details

28

the paint stewardship program. Said report shall include a copy of the independent audit detailed

29

in subdivision (4) below. Such annual report shall include, but not be limited to:

30

     (1) A detailed description of the methods used to collect, transport and process post-

31

consumer paint in this state;

32

     (2) The overall volume of post-consumer paint collected in this state;

33

     (3) The volume and type of post-consumer paint collected in this state by method of

34

disposition, including reuse, recycling and other methods of processing or disposal;

 

LC004149 - Page 78 of 319

1

     (4) The total cost of implementing the program, as determined by an independent financial

2

audit, as performed by an independent auditor;

3

     (5) An evaluation of the adequacy of the program's funding mechanism;

4

     (6) Samples of all educational materials provided to consumers of architectural paint and

5

participating retailers; and

6

     (7) A detailed list of efforts undertaken and an evaluation of the methods used to

7

disseminate such materials including recommendations, if any, for how the educational component

8

of the program can be improved.

9

     (n) The representative organization shall update the plan, as needed, when there are

10

changes proposed to the current program. A new plan or amendment will be required to be

11

submitted to the department for approval when:

12

     (1) There is a change to the amount of the assessment; or

13

     (2) There is an addition to the products covered under the program; or

14

     (3) There is a revision of the product stewardship organization's goals: or

15

     (4) Every four (4) years, if requested, in writing, by the department the representative

16

organization shall notify the department annually, in writing, if there are no changes proposed to

17

the program and the representative organization intends to continue implementation of the program

18

as previously approved by the department.

19

     (o) The representative organization may maintain a reserve fund to protect against volatility

20

in the collection of the paint stewardship assessment and funded using the paint stewardship

21

assessment provided that the reserve fund shall not exceed an amount equal to 50 percent of the

22

total cost to administer the paint stewardship program during the previous program year. Any

23

proposal to establish or otherwise maintain a reserve fund shall be included in the plan submitted

24

to the department pursuant to § 23-24.12-3 and shall be subject to the approval of the department.

25

If, at the time this section takes effect, the reserve fund exceeds 50 percent, the representative

26

organization shall utilize the excess reserves on interim program activities, as approved by the

27

department, within two years of the effective date of this section. Thereafter, the representative

28

organization shall not propose a paint stewardship assessment that will cause the reserve fund to

29

exceed the level specified in this subsection.

30

     (p) Any program funds to be used for program administrative expenses by the

31

representative organization shall be subject to approval by the department.

32

     SECTION 10. Sections 23-26-7.1, 23-26-11, 23-26-12, 23-26-13, 23-26-15, 23-26-25, 23-

33

26-26, 23-26-27, 23-26-30 and 23-26-31 of the General Laws in Chapter 23-26 entitled "Bedding

34

and Upholstered Furniture" are hereby amended to read as follows:

 

LC004149 - Page 79 of 319

1

     23-26-7.1. Sterilization, disinfection and disinfestation of bedding and materials.

2

     (a) No person shall sell, offer for sale or include in a sale any item of secondhand bedding

3

or any item of bedding of any type manufactured in whole or in part from secondhand material,

4

including their component parts or wiping rags, unless such material has been sterilized, disinfected

5

and cleaned, by a method approved by the department of business regulation; provided, further,

6

that any product used for sterilization or disinfection of secondhand bedding must be registered

7

as consumer and health benefit products and labeled for use on bedding and upholstered furniture

8

by the EPA in accordance with § 23-25-6 of this title. The department of business regulation

9

shall promulgate rules and regulations consistent with the provisions of this chapter. 

10

     (b) No person shall use in the manufacture, repair and renovation of bedding of any

11

type any material which has been used by a person with an infectious or contagious disease, or

12

which is filthy, oily or harbors loathsome insects or pathogenic bacteria.

13

     (c) No person shall sell, or offer for sale or include in a sale any material or bedding

14

which under the provisions of this chapter or regulations requires treatment unless there is

15

securely attached in accordance with regulations, a yellow tag not less than twelve square inches

16

in size, made of substantial cloth or a material of equal quality. Upon the tag there shall be plainly

17

printed, in black ink, in the English language, a statement showing:

18

     (1) That the item or material has been treated by a method approved by the department

19

of business regulation, and the method of treatment applied.

20

     (2) The lot number and the tag number of the item treated.

21

     (3) The license registration number of the person applying treatment.

22

     (4) The name and address of the person for whom treated.

23

     (d) The tag required by this section shall be in addition to any other tag required pursuant to

24

the provisions of this chapter. Holders of licenses registrations to apply sterilization, disinfection or

25

disinfestation treatment shall be required to keep an accurate record of all materials which

26

have been subjected to treatment, including the source of material, date of treatment, and the name

27

and address of the receiver of each. Such records shall be available for inspection at any time

28

by authorized representatives of the department.

29

     (e) Violations of this section shall be punishable by a fine not to exceed five hundred

30

dollars  ($500).

31

     23-26-11. Counterfeit stamps and permits Counterfeit stamps and registrations.

32

     No person shall have in his or her possession or shall make, use, or sell any counterfeit

33

or colorable imitation of the inspection stamp or permit registration required by this chapter.

34

Each counterfeited or imitated stamp or permit registration made, used, sold, offered for sale,

 

LC004149 - Page 80 of 319

1

delivered, or consigned for sale contrary to the provisions of this chapter shall constitute a separate

2

offense. 

3

     23-26-12. Sterilization permits Sterilization registrations.

4

     Any sterilization process, before being used in connection with this chapter, must

5

receive the approval of the director. Every person, firm, or corporation desiring to operate the

6

sterilization process shall first obtain a numbered permit registration from the director and shall not

7

operate the process unless the permit registration is kept conspicuously posted in the

8

establishment. Fee for original permit registration shall be eighty-four dollars ($84.00).

9

Application for the permit registration shall be accompanied by specifications in duplicate, in

10

such form as the director shall require. Each permit registration shall expire one year from date of

11

issue. Fee for annual renewal of a sterilizing permit registration shall be one-half (1/2) the original

12

fee.

13

     23-26-13. Contents of tag on bedding articles for sale.

14

     Every article of bedding made for sale, sold, or offered for sale shall have attached thereto a

15

tag which shall state the name of the material used, that the material used is new, or second-

16

hand and, when required to be sterilized, that the material has been sterilized, and the number

17

of the sterilizing permit registration. The tag shall also contain the name and address of the maker

18

or the vendor and the registry number of the maker. All tags attached to new articles shall be

19

legibly stamped or marked by the retail vendor with the date of delivery to the customer.

20

     23-26-15. Contents of tag on shipments of filling material.

21

      Any shipment or delivery, however contained, of material used for filling articles

22

of bedding shall have firmly and conspicuously attached thereto a tag which shall state the name

23

of the maker, preparer or vendor, and the address of the maker, preparer, or vendor, the name of

24

the contents and whether the contents are new or second-hand, and, if sterilized, the number of

25

the sterilizing permit registration.

26

     23-26-25. Rules, regulations, and findings -- Suspension or revocation of permits

27

Rules, regulations, and findings -- Suspension or revocation of registrations.

28

     (a) The director is hereby authorized and empowered to make general rules and

29

regulations and specific rulings, demands, and findings for the enforcement of this chapter, in

30

addition hereto and not inconsistent herewith. The director may suspend or revoke any permit or

31

registration for violation of any provision of this chapter, or any rule, regulation, ruling, or demand

32

made pursuant to the authority granted by this chapter. (b) The director of the department of health

33

shall investigate and enforce the provisions of § 23-26-3.1, and promulgate rules and regulations

34

deemed necessary to enforce it.

 

LC004149 - Page 81 of 319

1

     23-26-26. Appeal of director's decisions.

2

     Any person aggrieved by the action of the director in denying an application for a permit or

3

for registration, or in revoking or suspending any permit or registration, or by any order

4

or decision of the director, shall have the right to appeal to the supreme court and the procedure

5

in case of the appeal shall be the same as that provided in § 42-35-15.

6

     23-26-27. Penalty for violations.

7

     Any person who:

8

     (1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange,

9

or lease any article of bedding as defined by § 23-26-1, not properly tagged as required by this

10

chapter; or

11

     (2) Uses in the making, remaking, renovating, or preparing of the article of bedding or

12

in preparing cotton or other material therefor that has been used as a mattress, pillow, or bedding

13

in any public or private hospital, or that has been used by or about any person having an infectious

14

or contagious disease, and that after such use has not been sterilized and approved for use, by

15

the director of business regulation; or

16

     (3) Counterfeits or imitates any stamp or permit registration issued under this chapter

17

shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500)

18

or by imprisonment for not more than six (6) months or both.

19

     (4) Any person or entity who or that violates the provisions of § 23-26-3.1 shall be

20

civilly fined not to exceed five thousand dollars ($5,000) for the first violation and up to ten

21

thousand dollars ($10,000) for each subsequent violation.

22

     23-26-30. License required -- Application -- Issuance and term of license

23

Registration required -- Application -- Issuance and term of registration.

24

     No person shall be engaged: (1) as a manufacturer of articles of bedding for sale

25

at wholesale; (2) as a manufacturer of articles of bedding for sale at retail; (3) as a supply dealer;

26

(4) as a repairer-renovator; or (5) as a retailer of second-hand articles of bedding, unless he or she

27

has obtained the appropriate numbered license registration therefor from the director, who is

28

hereby empowered to issue the license registration. Application for the license registration shall be

29

made on forms provided by the director and shall contain such information as the director may

30

deem material and necessary. Based on the information furnished in the application and on

31

any investigation deemed necessary by the director, the applicant's classification shall be

32

determined. Each license registration issued by the director pursuant to this section shall be

33

conspicuously posted in the establishment of the person to whom issued. The director may withhold

34

the issuance of a license registration to any person who shall make any false statement in the

 

LC004149 - Page 82 of 319

1

application for a license registration under this chapter. The director shall promulgate rules

2

and regulations mandating the term of license registration for each category of license registration

3

issued pursuant to this chapter; however, no license registration shall remain in force for a period in

4

excess of three (3) years. The fee for the initial issuance or renewal of a license registration shall be

5

determined by multiplying the per annum fee by the number of years in the term of the license

6

registration. The entire fee must shall be paid in full for the total number of years of license

7

registration prior to the issuance of the license registration.

8

     23-26-31. Fees.

9

     (a) The per annum fees imposed for licenses registrations issued pursuant to § 23-26-

10

30 shall be as follows:

11

     (1) Every applicant classified as a manufacturer of articles of bedding for sale at

12

wholesale or retail or as a supply dealer shall pay, prior to the issuance of a general license

13

registration, a per annum fee of two hundred ten dollars ($210) and the licensee registrant may be

14

engaged in any or all of the following:

15

     (i) Manufacture of articles of bedding for sale at wholesale;

16

     (ii) Manufacture of articles of bedding for sale at retail;

17

     (iii) Supply dealer;

18

     (iv) Repairer-renovator.

19

     (2) Every applicant classified as a repairer-renovator or retailer of second-hand articles

20

of bedding shall pay, prior to the issuance of a limited license registration, a per annum fee of

21

sixty dollars ($60.00), and the licensee registrant may be engaged in any or all of the following:

22

     (i) Repairer-renovator;

23

     (ii) Retailer of second-hand articles of bedding; provided, however, that if a

24

licensee registrant is reclassified from one category to another which calls for a higher license

25

registration fee, he or she shall pay a pro rata share of the higher license registration fee for the

26

unexpired period and shall be issued a new license registration to expire on the expiration date of

27

the original license registration.

28

     (b) If, through error, a licensee registrant has been improperly classified as of the date

29

of issue of his or her current license registration, the proper fee for the entire period shall be

30

payable. Any overpayment shall be refunded to the licensee registrant. No refunds shall be allowed

31

to any licensee registrant who has discontinued business, or whose license registration has been

32

revoked or suspended or who has been reclassified to a category calling for a greater or lesser

33

licenseregistration fee, except as provided herein. The fee shall be paid to the director of

 

LC004149 - Page 83 of 319

1

business regulation. For reissuing a revoked or expired license registration the fee shall be the

2

same as for an original license registration.

3

     (c) All payments for registration fees, sterilization process, permits, fines and

4

penalties, and other money received under this chapter shall constitute inspection fees for the

5

purpose of enforcing this chapter.

6

     SECTION 11. Sections 23-90-4, 23-90-5 and 23-90-6 of the General Laws in Chapter 23-

7

90 entitled " Responsible Recycling, Reuse and Disposal of Mattresses" are hereby amended to

8

read as follows:

9

     23-90-4. Mattress stewardship council established.

10

     (a) On or before July 1, 2015, each producer shall join the council and such council shall

11

submit a plan, for the corporation director's approval, to establish a statewide mattress stewardship

12

program, as described in this section. Any retailer may be a member of such council. Such mattress

13

stewardship program shall, to the extent it is technologically feasible and economically practical:

14

     (1) Minimize public sector involvement in the management of discarded mattresses;

15

     (2) Provide for the convenient and accessible statewide collection of discarded mattresses

16

from any person in the state with a discarded mattress that was discarded in the state, including

17

from participating covered entities that accumulated and segregated a minimum of fifty (50)

18

discarded mattresses for collection at one time, or a minimum of thirty (30) discarded mattresses

19

for collection at one time in the case of participating municipal transfer stations;

20

     (3) Provide for council-financed recycling and disposal of discarded mattresses;

21

     (4) Provide suitable storage containers at permitted municipal transfer stations, municipal

22

government property or other solid waste management facilities for segregated, discarded

23

mattresses, or make other mutually agreeable storage and transportation agreements at no cost to

24

such municipality provided the municipal transfer station, municipal government property or other

25

solid waste management facilities make space available for such purpose and imposes no fee for

26

placement of such storage container on its premises;

27

     (5) Include a uniform mattress stewardship fee, with approval of the corporation, that is

28

sufficient to cover the costs of operating and administering the program; and

29

     (6) Establish a financial incentive that provides for the payment of a monetary sum,

30

established by the council, to promote the recovery of mattresses.

31

     (b) The council shall be a nonprofit organization with a fee structure that covers, but does

32

not exceed, the costs of developing the plan and operating and administering the program in

33

accordance with the requirements of this chapter, and maintaining a financial reserve sufficient to

34

operate the program over a multi-year period of time in a fiscally prudent and responsible manner.

 

LC004149 - Page 84 of 319

1

The council shall maintain all records relating to the program for a period of not less than three (3)

2

years.

3

     (c) Pursuant to the program, recycling shall be preferred over any other disposal method to

4

the extent that recycling is technologically feasible and economically practical.

5

     (d) The council shall enter into an agreement with the corporation to reimburse for

6

reasonable costs directly related to administering the program but not to exceed the cost of two (2)

7

full time equivalent employees.

8

     23-90-5. Mattress stewardship plan.

9

     (a) On or before July 1, 2015, the mattress stewardship council shall submit a mattress

10

stewardship plan for the establishment of a mattress stewardship program to the corporation

11

director for approval.

12

     (b) The plan submitted pursuant to subsection (a) of this section shall, to the extent it is

13

technologically feasible and economically practical:

14

     (1) Identify each producer's participation in the program;

15

     (2) Describe the fee structure for the program and propose a uniform stewardship fee that

16

is sufficient to cover the costs of operating and administering the program;

17

     (3) Establish performance goals for the first two (2) years of the program;

18

     (4) Identify proposed recycling facilities to be used by the program, such facilities shall not

19

require a solid waste management facilities license;

20

     (5) Detail how the program will promote the recycling of discarded mattresses;

21

     (6) Include a description of the public education program;

22

     (7) Describe fee-disclosure language that retailers will be required to prominently display

23

that will inform consumers of the amount and purpose of the fee; and

24

     (8) Identify the methods and procedures to facilitate implementation of the mattress

25

stewardship program in coordination with the corporation director and municipalities.

26

     (c) Not later than ninety (90) days after submission of the plan pursuant to this section, the

27

corporation shall make a determination whether to:

28

     (1) Approve the plan as submitted; or

29

     (2) Deny the plan.

30

     (d) The corporation director shall approve the plan for the establishment of the mattress

31

stewardship program, provided such plan reasonably meets the requirements of this section. Prior

32

to making such determination, the corporation director shall post the plan for at least thirty (30)

33

days, in accordance with the "Administrative Procedures Act" as set forth in chapter 35 of title 42

34

on the corporation's website and solicit public comments on the plan to be posted on the website.

 

LC004149 - Page 85 of 319

1

     (e) In the event that the corporation director denies the plan, the corporation director shall

2

provide a notice of determination to the council, within sixty (60) days, detailing the reasons for

3

the disapproval. The council shall revise and resubmit the plan to the corporation director not later

4

than forty-five (45) days after receipt of notice of the corporation director's denial notice. Not later

5

than forty-five (45) days after receipt of the revised plan, the corporation director shall review and

6

approve or deny the revised plan. The council may resubmit a revised plan to the corporation

7

director for approval on not more than two (2) occasions. If the council fails to submit a plan that

8

is acceptable to the corporation director, because it does not meet the criteria pursuant to

9

subdivisions (b)(1-8), the corporation director shall have the ability to modify the submitted plan

10

and approve it. Not later than one hundred twenty (120) days after the approval of a plan pursuant

11

to this section, the council shall implement the mattress stewardship program.

12

     (f) It is the responsibility of the council to:

13

     (1) Notify the corporation director whenever there is a proposed substantial change to the

14

program. If the corporation director takes no action on a proposed substantial change within ninety

15

(90) days after notification of the proposed change, the proposed change shall be deemed approved.

16

For the purposes of this subdivision, "substantial change" shall include, but not be limited to:

17

     (i) A change in the processing facilities to be used for discarded mattresses collected

18

pursuant to the program; or

19

     (ii) A material change to the system for collecting mattresses.

20

     (2) Not later than October 1, 2017, the council shall submit to the corporation director for

21

     review, updated performance goals that are based on the experience of the program during

22

the first two (2) years of the program.

23

     (g) The council shall notify the corporation director of any other changes to the program

24

     on an ongoing basis, whenever they occur, without resubmission of the plan to the

25

corporation director for approval. Such changes shall include, but not be limited to, a change in the

26

composition, officers, or contact information of the council.

27

     (h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose

28

a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform

29

fee more frequently than once every two (2) years if the council determines such change is needed

30

to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent

31

auditor to ensure that such assessment does not exceed the costs of the mattress stewardship

32

program described in subsection (b) of this section and to maintain financial reserves sufficient to

33

operate the program over a multi-year period in a fiscally prudent and responsible manner. Not

34

later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall

 

LC004149 - Page 86 of 319

1

render an opinion provide an evaluation of the proposed fee to the corporation director as to whether

2

the proposed mattress stewardship fee is reasonable to achieve the goals set forth in this section.

3

Copies of all documents related to the auditor’s evaluation, along with the financial information

4

provided by the council, shall be filed with the corporation and considered public documents

5

pursuant to chapter 2 of title 38 ("Access to Public Records"). If the auditor corporation director

6

concludes that the mattress stewardship fee is reasonable, then the proposed fee shall go into effect

7

not less than ninety (90) days after the auditor corporation director notifies the corporation director

8

council that the fee is reasonable. If the auditor corporation director concludes that the mattress

9

stewardship fee is not reasonable, the auditor corporation director shall provide the council with

10

written notice explaining the auditor corporation director's opinion. Not later than fourteen (14)

11

days after the council's receipt of the auditor corporation director's opinion, the council may either

12

propose a new mattress stewardship fee, or provide written comments on the auditor corporation

13

director's opinion. If the auditor concludes that the fee is not reasonable, the corporation director

14

shall decide, based on the auditor's opinion and any comments provided by the council, whether to

15

approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The

16

cost of any work performed by such auditor pursuant to the provisions of this subsection and

17

subsection (i) of this section shall be funded by the council.

18

     (i)(1) On and after the implementation of the mattress stewardship program, each retailer

19

shall add the amount of the fee established pursuant to subsection (b) of this section and described

20

in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee

21

shall be remitted by the retailer to the council. The council may, subject to the corporation director's

22

approval, establish an alternative, practicable means of collecting or remitting such fee.

23

     (2) On and after the implementation date of the mattress stewardship program, no producer,

24

distributor or retailer shall sell or offer for sale a mattress to any person in the state if the producer

25

is not a member of the council.

26

     (3) No retailer or distributor shall be found to be in violation of the provisions of this

27

section, if, on the date the mattress was ordered from the producer or its agent, the producer of said

28

mattress was listed on the corporation's website in accordance with the provisions of this chapter.

29

     (j) Not later than October 1, 2016, and annually thereafter, the council shall submit an

30

annual report to the corporation director. The corporation director shall post such annual report on

31

the corporation's website. Such report shall include, but not be limited to:

32

     (1) The weight of mattresses collected pursuant to the program from:

33

     (i) Municipal and/or transfer stations;

34

     (ii) Retailers; and

 

LC004149 - Page 87 of 319

1

     (iii) All other covered entities;

2

     (2) The weight of mattresses diverted for recycling;

3

     (3) Identification of the mattress recycling facilities to which mattresses were delivered for

4

recycling;

5

     (4) The weight of discarded mattresses recycled, as indicated by the weight of each of the

6

commodities sold to secondary markets;

7

     (5) The weight of mattresses, or parts thereof, sent for disposal at each of the following:

8

     (i) Rhode Island resource recovery corporation; and

9

     (ii) Any other facilities;

10

     (6) Samples of public education materials and methods used to support the program;

11

     (7) A description of efforts undertaken and evaluation of the methods used to

12

disseminate  such materials;

13

     (8) Updated performance goals and an evaluation of the effectiveness of the methods

14

and  processes used to achieve performance goals of the program; and

15

     (9) Recommendations for any changes to the program.

16

     (k) Two (2) years after the implementation of the program and upon the request of the

17

corporation director, but not more frequently than once a year, the council shall cause an audit of

18

the program to be conducted by the auditor described in subsection (h) of this section. Such audit

19

shall review the accuracy of the council's data concerning the program and provide any other

20

information requested by the corporation director. Such audit shall be paid for by the council. The

21

council shall maintain all records relating to the program for not less than three (3) years.

22

     (l) No covered entity that participates in the program shall charge for receipt of mattresses

23

generated in the state. Covered entities may charge a fee for providing the service of collecting

24

mattresses and may restrict the acceptance of mattresses by number, source or physical condition.

25

     (m) Covered entities that, upon the date of this act's passage, have an existing program for

26

recycling discarded mattresses may continue to operate such program without coordination of the

27

council, so long as the entities are able to demonstrate, in writing, to the corporation director that

28

the facilities to which discarded mattresses are delivered are engaged in the business of recycling

29

said mattresses and the corporation director approves the written affirmation that the facility

30

engages in mattress recycling of mattresses received by the covered entity. A copy of the written

31

affirmation and the corporation's approval shall be provided to the council by the corporation

32

director in a timely manner.

33

     23-90-6. Responsibilities of the Rhode Island resource recovery corporation.

34

     (a) The corporation shall review for approval the mattress stewardship plan of the council.

 

LC004149 - Page 88 of 319

1

     (b) The corporation shall maintain on its website information on collection opportunities

2

for mattresses, including collection site locations. The information must be made available in a

3

printable format for retailers and consumers.

4

     (c) Not later than the implementation date of the mattress stewardship program, the

5

corporation shall list the names of participating producers covered by the program and the cost of

6

the approved mattress stewardship fee on its website.

7

     (d) The corporation shall approve the mattress stewardship fee to be applied by the council

8

to mattresses pursuant to this chapter § 23-90-5(h).

9

     (e) Pursuant to § 23-90-11, the corporation shall report biennially to the general assembly

10

on the operation of the statewide system for collection, transportation and recycling of mattresses.

11

     SECTION 12. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit

12

System" is hereby amended to read as follows:

13

     36-4-16.4. Salaries of directors.

14

     (a) In the month of March of each year, the department of administration shall conduct a

15

public hearing to determine salaries to be paid to directors of all state executive departments for the

16

following year, at which hearing all persons shall have the opportunity to provide testimony, orally

17

and in writing. In determining these salaries, the department of administration will take into

18

consideration the duties and responsibilities of the aforenamed officers, as well as such related

19

factors as salaries paid executive positions in other states and levels of government, and in

20

comparable positions anywhere that require similar skills, experience, or training. Consideration

21

shall also be given to the amounts of salary adjustments made for other state employees during the

22

period that pay for directors was set last.

23

     (b) Each salary determined by the department of administration will be in a flat amount,

24

exclusive of such other monetary provisions as longevity, educational incentive awards, or other

25

fringe additives accorded other state employees under provisions of law, and for which directors

26

are eligible and entitled.

27

     (c) In no event will the department of administration lower the salaries of existing directors

28

during their term of office.

29

     (d) Upon determination by the department of administration, the proposed salaries of

30

directors will be referred to the general assembly by the last day in April of that year to go into

31

effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting

32

concurrently within that time.

33

     (e) Notwithstanding the provisions of this section, for 2015 only, the time period for the

34

department of administration to conduct the public hearing shall be extended to July and the

 

LC004149 - Page 89 of 319

1

proposed salaries shall be referred to the general assembly by August 30. The salaries may take

2

effect before next year, but all other provisions of this section shall apply.

3

     (f) Notwithstanding the provisions of this section or any law to the contrary, for 2017 only,

4

the salaries of the director of the department of transportation, the secretary of health and human

5

services, and the director of administration shall be determined by the governor.

6

     (g) Notwithstanding the provisions of this section or any law to the contrary, for 2021 2022

7

only, the salary of the director of the department of children, youth and families shall be determined

8

by the governor.

9

     SECTION 13. Chapter 41-5.2 of the General Laws entitled "Mixed Martial Arts" is

10

hereby amended by adding thereto the following section:

11

     41-5.2-30. Fees of officials.

12

     The fees of the referee and other licensed officials, as established by this chapter, shall

13

be fixed by the division of gaming and athletics licensing, and shall be paid by the

14

licensed organization prior to the exhibition. 

15

     SECTION 14. Section 41-5.2-2 of the General Laws in Chapter 41-5.2 entitled "Mixed

16

Martial Arts" is hereby amended to read as follows:

17

     41-5.2-2. License required for mixed-martial-arts exhibitions License required for

18

mixed-martial-arts exhibitions -- Amateur exhibitions exempt.

19

     Except as provided in subsection (b) of this section, no No mixed-martial-arts match

20

or exhibition for a prize or a purse, or at which an admission fee is charged, either directly

21

or indirectly, in the form of dues or otherwise, shall take place or be conducted in this state

22

unless licensed by the division of gaming and athletics licensing in accordance with this chapter.

23

     (b) The provisions of this section shall not apply to any mixed-martial-arts match

24

or exhibition in which the contestants are amateurs and that is conducted under the supervision

25

and control of:

26

     (1) Any educational institution recognized by the council on postsecondary education and

27

the council on elementary and secondary education of this state; or

28

     (2) Any religious or charitable organization or society engaged in the training of youth

29

and recognized as such by the division of gaming and athletics licensing in this state.

30

     (c) For the purposes of this section, an "amateur" means a person who engages in

31

mixed- martial-arts matches or exhibitions for which no cash prizes are awarded to the

32

participants, and for which the prize competed for, if any, shall not exceed in value the sum of

33

twenty-five dollars ($25.00).

34

     SECTION 15. This article shall take effect upon passage.

 

LC004149 - Page 90 of 319

1

ARTICLE 4

2

RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

3

     SECTION 1. This Article shall serve as joint resolution required pursuant to Rhode Island

4

Laws § 35-18-1, et seq.

5

     SECTION 2. University of Rhode Island – Facilities Service Sector Upgrade.

6

     WHEREAS, the University of Rhode Island Board of Trustees and the University of Rhode

7

Island are proposing a project which involves the design and construction to enhance and

8

reorganize the facilities within the service sector for more efficient and effective operations;

9

     WHEREAS, the University has engaged qualified architectural and engineering firms to

10

perform master planning for this purpose;

11

     WHEREAS, in the last few decades, the University has made significant improvements to

12

the campus infrastructure and building inventory that house academic functions, student activities,

13

and athletic events for the University’s faculty and students;

14

     WHEREAS, it is in the best interest of the State, University, and the students and faculty

15

to have these improvements maintained and repaired;

16

     WHEREAS, the University’s facilities group has the responsibility for maintenance and

17

repair of these 5.8 million square feet, comprising approximately 25% of the State’s real estate

18

portfolio;

19

     WHEREAS, the buildings housing the facilities group were built in the 1950s through

20

1970s, have passed the end of their 40-year useful life, and are in need of substantial capital renewal

21

or replacement;

22

     WHEREAS, such improvements to the facilities group’s buildings are necessary to allow

23

for the ongoing support of the campus; and

24

     WHEREAS, the total project cost associated with completion of this phase of the project

25

and proposed financing method is thirteen million dollars ($13,000,000), including cost of issuance,

26

debt service payments would be supported by revenues derived from the University’s unrestricted

27

general revenues, and total debt service on the bonds is not expected to exceed one million one

28

hundred fifty thousand dollars ($1,150,000) annually and twenty-three million dollars

29

($23,000,000) in the aggregate based on an average interest rate of five (6%) percent; now,

30

therefore be it

31

     RESOLVED, that this General Assembly hereby approves financing in an amount not to

32

exceed thirteen million dollars ($13,000,000) for the facilities service sector upgrade project at the

33

University of Rhode Island; and be it further

 

LC004149 - Page 91 of 319

1

     RESOLVED, that, this Joint Resolution shall take effect upon passage by this General

2

Assembly.

3

     SECTION 3. University of Rhode Island – Utility Infrastructure Upgrade Phase II.

4

     WHEREAS, the University of Rhode Island Board of Trustees and the University of Rhode

5

Island are proposing a project which involves the engineering and construction of upgrades and

6

component replacements to five municipal-level Kingston Campus utility systems;

7

     WHEREAS, the University has engaged qualified engineering firms to examine its major

8

infrastructure systems;

9

     WHEREAS, based on the condition and capabilities of these systems, the studies have

10

concluded that replacement of components and reconfiguration was advisable for each of these

11

extensive systems to ensure necessary steam, water, sanitary, and electrical support for the

12

University’s campuses for the next 20-40 years;

13

     WHEREAS, the University has also developed the required Storm Water Management

14

Plan for the Kingston Campus, which provides guidelines that are being incorporated into new

15

building projects under development and are driving stand-alone storm water infrastructure projects

16

as well;

17

     WHEREAS, the University has successfully completed many extremely important

18

individual utility infrastructure projects in its continuing progression of work to upgrade and

19

replace infrastructure systems but now needs additional investments beyond annual capital

20

resources;

21

     WHEREAS, this project is the second phase in a phased implementation plan to upgrade

22

and improve the reliability of infrastructure on the University of Rhode Island’s campuses; and

23

     WHEREAS, the total project cost associated with completion of this phase of the project

24

and proposed financing method is fifteen million four hundred fifty thousand dollars ($15,450,000),

25

including cost of issuance, debt service payments would be supported by revenues derived from

26

the University’s unrestricted general revenues, and total debt service on the bonds is not expected

27

to exceed one million three hundred fifty thousand dollars ($1,350,000) annually and twenty-seven

28

million dollars ($27,000,000) in the aggregate based on an average interest rate of five (6%)

29

percent; now, therefore be it

30

     RESOLVED, that this General Assembly hereby approves financing in an amount not to

31

exceed fifteen million four hundred fifty thousand dollars ($15,450,000) for the Utility

32

Infrastructure Upgrade Phase II project at the University of Rhode Island; and be it further

33

     RESOLVED, that this Joint Resolution shall take effect upon passage by this General

34

Assembly.

 

LC004149 - Page 92 of 319

1

ARTICLE 5

2

RELATING TO CAPITAL DEVELOPMENT PROGRAM

3

     SECTION 1. Proposition to be submitted to the people.

4

     At the general election to be held on the Tuesday next after the first Monday in November

5

2022, there shall be submitted to the people (“People”) of the State of Rhode Island (“State”), for

6

their approval or rejection, the following proposition:

7

     "Shall the action of the general assembly, by an act passed at the January 2022 session,

8

authorizing the issuance of bonds, refunding bonds, and temporary notes of the State of Rhode

9

Island for the capital projects and in the amount with respect to each such project listed below be

10

approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in

11

accordance with the provisions of said act?"

12

     Project

13

     (1) Higher Education Facilities $62,000,000

14

     Approval of this question will allow the State of Rhode Island to issue general obligation

15

bonds, refunding bonds, and/or temporary notes in an amount not to exceed sixty-two million

16

dollars ($62,000,000) for capital improvements to higher education facilities, to be allocated as

17

follows:

18

     (a) University of Rhode Island Narragansett Bay Campus $50,000,000

19

     Provides fifty million dollars ($50,000,000) to fund repairs and construct new facilities on

20

the University of Rhode Island’s Narragansett Bay Campus in support of the educational and

21

research needs for the marine disciplines.

22

     (b) Community College of Rhode Island Renovation and Modernization $12,000,000

23

     Provides twelve million dollars ($12,000,000) to fund restoration and enhancement of

24

academic and student support spaces and other infrastructure on the four campuses of the

25

Community College of Rhode Island (CCRI). Funds will go towards modernizing and renovating

26

facilities, addressing repairs, improving safety and energy efficiency, and replacing outdated

27

technology and equipment used for teaching and learning.

28

     (2) Rhode Island School Buildings $250,000,000

29

     Approval of this question will allow the state of Rhode Island to issue general obligation

30

bonds, refunding bonds, and/or temporary notes in an amount not to exceed two-hundred-fifty

31

million dollars ($250,000,000). Of this total, two-hundred million dollars ($200,000,000) would

32

provide direct funding for school construction projects, such as the construction of new school

33

facilities and the rehabilitation of existing school facilities. Fifty million ($50,000,000) would fund

34

the school building authority capital fund enabling projects that address high priority school

 

LC004149 - Page 93 of 319

1

building needs including upgraded lighting, heating, and ventilation systems to help create facility

2

equity between Rhode Island students.

3

     (3) Green Bond Economy Bonds $38,000,000

4

     Approval of this question will allow the State of Rhode Island to issue general obligation

5

bonds, refunding bonds, and/or temporary notes in an amount not to exceed thirty-eight million

6

dollars ($38,000,000) for environmental and recreational purposes, to be allocated as follows:

7

     (a) Municipal Resiliency $16,000,000

8

     Provides sixteen million dollars ($16,000,000) for up to seventy-five percent (75%)

9

matching grants to municipalities for restoring and/or improving resiliency of infrastructure,

10

vulnerable coastal habitats, and restoring rivers and stream floodplains. These funds are expected

11

to leverage significant matching funds to support local programs to improve community resiliency

12

and public safety in the face of increased flooding, major storm events, and environmental

13

degradation.

14

     (a) Small Business Energy Loan Program $5,000,000

15

     Provides five million dollars ($5,000,000) for grants for small businesses to remove

16

impediments to clean energy project implementation and would provide zero interest and below

17

market rate loans for clean energy projects.

18

     (b) Narragansett Bay and Watershed Restoration $3,000,000

19

     Provides three million dollars ($3,000,000) for activities to restore and protect the water

20

quality and enhance the economic viability and environmental sustainability of Narragansett Bay

21

and the state’s watersheds. Eligible activities include nonpoint source pollution abatement,

22

including stormwater management; nutrient loading abatement; commercial, industrial and

23

agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.

24

     (c) Forest Restoration $3,000,000

25

     Provides three million dollars ($3,000,000) to maintain forest and wildlife habitat and

26

infrastructure on state properties, including state management areas.

27

     (e) Brownfields Remediation and Economic Development $4,000,000

28

     Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants

29

to public, private, and/or non-profit entities for brownfield remediation projects.

30

     (f) State Land Acquisition Program $3,000,000

31

     Provides three million dollars ($3,000,000) for the State to acquire fee simple interest or

32

conservation easements to open space, farmland, watershed, and recreation lands.

33

     (g) Local Land Acquisition Matching Grant Program $2,000,000

 

LC004149 - Page 94 of 319

1

     Provides two million dollars ($2,000,000) for up to fifty percent (50%) matching grants to

2

municipalities, local land trusts and nonprofit organizations to acquire fee-simple interest,

3

development rights, or conservation easements on open space and urban parklands.

4

     (h) Local Recreation Development Matching Grant Program $2,000,000

5

     Provides two million dollars ($2,000,000) for up to eighty percent (80%) matching grants

6

to municipalities to acquire, develop, or rehabilitate local public recreational facilities in Rhode

7

Island.

8

     SECTION 2. Ballot labels and applicability of general election laws.

9

     The Secretary of State shall prepare and deliver to the State Board of Elections ballot labels

10

for each of the projects provided for in Section 1 hereof with the designations "approve" or "reject"

11

provided next to the description of each such project to enable voters to approve or reject each such

12

proposition. The general election laws, so far as consistent herewith, shall apply to this proposition.

13

     SECTION 3. Approval of projects by people.

14

     If a majority of the People voting on the proposition in Section 1 hereof shall vote to

15

approve any project stated therein, said project shall be deemed to be approved by the People. The

16

authority to issue bonds, refunding bonds and/or temporary notes of the State shall be limited to

17

the aggregate amount for all such projects as set forth in the proposition, which has been approved

18

by the People.

19

     SECTION 4. Bonds for capital development program.

20

     The General Treasurer is hereby authorized and empowered, with the approval of the

21

Governor, and in accordance with the provisions of this Act to issue capital development bonds in

22

serial form, in the name of and on behalf of the State of Rhode Island, in amounts as may be

23

specified by the Governor in an aggregate principal amount not to exceed the total amount for all

24

projects approved by the People and designated as "capital development loan of 2022 bonds."

25

Provided, however, that the aggregate principal amount of such capital development bonds and of

26

any temporary notes outstanding at any one time issued in anticipation thereof pursuant to Section

27

7 hereof shall not exceed the total amount for all such projects approved by the People. All

28

provisions in this Act relating to "bonds" shall also be deemed to apply to "refunding bonds."

29

     Capital development bonds issued under this Act shall be in denominations of one thousand

30

dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the

31

United States which at the time of payment shall be legal tender for public and private debts. These

32

capital development bonds shall bear such date or dates, mature at specified time or times, but not

33

mature beyond the end of the twentieth (20th) State fiscal year following the fiscal year in which

34

they are issued; bear interest payable semi-annually at a specified rate or different or varying rates:

 

LC004149 - Page 95 of 319

1

be payable at designated time or times at specified place or places; be subject to express terms of

2

redemption or recall, with or without premium; be in a form, with or without interest coupons

3

attached; carry such registration, conversion, reconversion, transfer, debt retirement, acceleration

4

and other provisions as may be fixed by the General Treasurer, with the approval by the Governor,

5

upon each issue of such capital development bonds at the time of each issue. Whenever the

6

Governor shall approve the issuance of such capital development bonds, the Governor’s approval

7

shall be certified to the Secretary of State; the bonds shall be signed by the General Treasurer and

8

countersigned by Secretary of State and shall bear the seal of the State. The signature approval of

9

the Governor shall be endorsed on each bond.

10

     SECTION 5. Refunding bonds for 2022 capital development program.

11

     The General Treasurer is hereby authorized and empowered, with the approval of the

12

Governor, and in accordance with the provisions of this Act, to issue bonds to refund the 2022

13

capital development program bonds, in the name of and on behalf of the state, in amounts as may

14

be specified by the Governor in an aggregate principal amount not to exceed the total amount

15

approved by the People, to be designated as "capital development program loan of 2022 refunding

16

bonds" (hereinafter "Refunding Bonds").

17

     The General Treasurer with the approval of the Governor shall fix the terms and form of

18

any Refunding Bonds issued under this Act in the same manner as the capital development bonds

19

issued under this Act, except that the Refunding Bonds may not mature more than twenty (20) years

20

from the date of original issue of the capital development bonds being refunded.

21

     The proceeds of the Refunding Bonds, exclusive of any premium and accrual interest and

22

net the underwriters’ cost, and cost of bond issuance, shall, upon their receipt, be paid by the

23

General Treasurer immediately to the paying agent for the capital development bonds which are to

24

be called and prepaid. The paying agent shall hold the Refunding Bond proceeds in trust until they

25

are applied to prepay the capital development bonds. While such proceeds are held in trust, the

26

proceeds may be invested for the benefit of the State in obligations of the United States of America

27

or the State of Rhode Island.

28

     If the General Treasurer shall deposit with the paying agent for the capital development

29

bonds the proceeds of the Refunding Bonds, or proceeds from other sources, amounts that, when

30

invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all

31

principal, interest, and premium, if any, on the capital development bonds until these bonds are

32

called for prepayment, then such capital development bonds shall not be considered debts of the

33

State of Rhode Island for any purpose starting from the date of deposit of such moneys with the

34

paying agent. The Refunding Bonds shall continue to be a debt of the State until paid.

 

LC004149 - Page 96 of 319

1

     The term "bond" shall include "note," and the term "refunding bonds" shall include

2

"refunding notes" when used in this Act.

3

     SECTION 6. Proceeds of capital development program.

4

     The General Treasurer is directed to deposit the proceeds from the sale of capital

5

development bonds issued under this Act, exclusive of premiums and accrued interest and net the

6

underwriters’ cost, and cost of bond issuance, in one or more of the depositories in which the funds

7

of the State may be lawfully kept in special accounts (hereinafter cumulatively referred to as "such

8

capital development bond fund") appropriately designated for each of the projects set forth in

9

Section 1 hereof which shall have been approved by the People to be used for the purpose of paying

10

the cost of all such projects so approved.

11

     All monies in the capital development bond fund shall be expended for the purposes

12

specified in the proposition provided for in Section 1 hereof under the direction and supervision of

13

the Director of Administration (hereinafter referred to as "Director"). The Director or his or her

14

designee shall be vested with all power and authority necessary or incidental to the purposes of this

15

Act, including but not limited to, the following authority: (a) to acquire land or other real property

16

or any interest, estate or right therein as may be necessary or advantageous to accomplish the

17

purposes of this Act; (b) to direct payment for the preparation of any reports, plans and

18

specifications, and relocation expenses and other costs such as for furnishings, equipment

19

designing, inspecting and engineering, required in connection with the implementation of any

20

projects set forth in Section 1 hereof; (c) to direct payment for the costs of construction,

21

rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other

22

improvements to land in connection with the implementation of any projects set forth in Section 1

23

hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor

24

for repair, renovation or conversion of systems and structures as necessary for the 2022 capital

25

development program bonds or notes hereunder from the proceeds thereof. No funds shall be

26

expended in excess of the amount of the capital development bond fund designated for each project

27

authorized in Section 1 hereof. With respect to the bonds and temporary notes described in Section

28

1, the proceeds shall be used for the following purposes:

29

     Question 1, relating to bonds in the amount of sixty-two million dollars ($62,000,000) to

30

provide funding for higher education facilities to be allocated as follows:

31

     (a) University of Rhode Island Narragansett Bay Campus$50,000,000

32

     Provides fifty million dollars ($50,000,000) to fund repairs and construct new facilities on

33

the University of Rhode Island’s Narragansett Bay Campus in support of the educational and

34

research needs for the marine disciplines.

 

LC004149 - Page 97 of 319

1

     (b) Community College of Rhode Island Renovation and Modernization$12,000,000

2

     Provides twelve million dollars ($12,000,000) to fund restoration and enhancement of

3

academic and student support spaces and other infrastructure on the four campuses of the

4

Community College of Rhode Island (CCRI). Funds will go towards modernizing and renovating

5

facilities, addressing repairs, improving safety and energy efficiency, and replacing outdated

6

technology and equipment used for teaching and learning.

7

     Question 2, relating to bonds in the amount of two hundred-fifty million dollars

8

($250,000,000) to provide funding for the construction, renovation, and rehabilitation of the state’s

9

public schools pursuant to § 45-38.2-4 (f).

10

     Question 3, relating to bonds in the amount of thirty-eight million dollars ($38,000,000)

11

for environmental and recreational purposes, to be allocated as follows:

12

     (a) Municipal Resiliency $16,000,000

13

     Provides sixteen million dollars ($16,000,000) for up to seventy-five percent (75%)

14

matching grants to municipalities for restoring and/or improving resiliency of infrastructure,

15

vulnerable coastal habitats, and restoring rivers and stream floodplains. These funds are expected

16

to leverage significant matching funds to support local programs to improve community resiliency

17

and public safety in the face of increased flooding, major storm events, and environmental

18

degradation.

19

     (d) Small Business Energy Loan Program $5,000,000

20

     Provides five million dollars ($5,000,000) for grants for small businesses to remove

21

impediments to clean energy project implementation and would provide zero interest and below

22

market rate loans for clean energy projects.

23

     (e) Narragansett Bay and Watershed Restoration $3,000,000

24

     Provides three million dollars ($3,000,000) for activities to restore and protect the water

25

quality and enhance the economic viability and environmental sustainability of Narragansett Bay

26

and the state’s watersheds. Eligible activities include nonpoint source pollution abatement,

27

including stormwater management; nutrient loading abatement; commercial, industrial and

28

agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.

29

     (f) Forest Restoration $3,000,000

30

     Provides three million dollars ($3,000,000) to maintain forest and wildlife habitat and

31

infrastructure on state properties, including state management areas.

32

     (e) Brownfields Remediation and Economic Development $4,000,000

33

     Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants

34

to public, private, and/or non-profit entities for brownfield remediation projects.

 

LC004149 - Page 98 of 319

1

     (f) State Land Acquisition Program $3,000,000

2

     Provides three million dollars ($3,000,000) for the State to acquire fee simple interest or

3

conservation easements to open space, farmland, watershed, and recreation lands.

4

     (g) Local Land Acquisition Matching Grant Program $2,000,000

5

     Provides two million dollars ($2,000,000) for up to fifty percent (50%) matching grants to

6

municipalities, local land trusts and nonprofit organizations to acquire fee-simple interest,

7

development rights, or conservation easements on open space and urban parklands.

8

     (h) Local Recreation Development Matching Grant Program $2,000,000

9

     Provides two million dollars ($2,000,000) for up to eighty percent (80%) matching grants

10

to municipalities to acquire, develop, or rehabilitate local public recreational facilities in Rhode

11

Island.

12

     SECTION 7. Sale of bonds and notes.

13

     Any bonds or notes issued under the authority of this Act shall be sold at not less than the

14

principal amount thereof, in such mode and on such terms and conditions as the General Treasurer,

15

with the approval of the Governor, shall deem to be in the best interests of the State.

16

     Any premiums and accrued interest, net of the cost of bond issuance and underwriter’s

17

discount, which may be received on the sale of the capital development bonds or notes shall become

18

part of the Rhode Island Capital Plan Fund of the State, unless directed by federal law or regulation

19

to be used for some other purpose.

20

     In the event that the amount received from the sale of the capital development bonds or

21

notes exceeds the amount necessary for the purposes stated in Section 6 hereof, the surplus may be

22

used to the extent possible to retire the bonds as the same may become due, to redeem them in

23

accordance with the terms thereof or otherwise to purchase them as the General Treasurer, with the

24

approval of the Governor, shall deem to be in the best interests of the state.

25

     Any bonds or notes issued under the provisions of this Act and coupons on any capital

26

development bonds, if properly executed by the manual or electronic signatures of officers of the

27

State in office on the date of execution, shall be valid and binding according to their tenor,

28

notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall

29

for any reason have ceased to hold office.

30

     SECTION 8. Bonds and notes to be tax exempt and general obligations of the State.

31

     All bonds and notes issued under the authority of this Act shall be exempt from taxation in

32

the State and shall be general obligations of the State, and the full faith and credit of the State is

33

hereby pledged for the due payment of the principal and interest on each of such bonds and notes

34

as the same shall become due.

 

LC004149 - Page 99 of 319

1

     SECTION 9. Investment of moneys in fund.

2

     All moneys in the capital development fund not immediately required for payment pursuant

3

to the provisions of this act may be invested by the investment commission, as established by

4

Chapter 10 of Title 35, entitled “State Investment Commission,” pursuant to the provisions of such

5

chapter; provided, however, that the securities in which the capital development fund is invested

6

shall remain a part of the capital development fund until exchanged for other securities; and

7

provided further, that the income from investments of the capital development fund shall become

8

a part of the general fund of the State and shall be applied to the payment of debt service charges

9

of the State, unless directed by federal law or regulation to be used for some other purpose, or to

10

the extent necessary, to rebate to the United States treasury any income from investments (including

11

gains from the disposition of investments) of proceeds of bonds or notes to the extent deemed

12

necessary to exempt (in whole or in part) the interest paid on such bonds or notes from federal

13

income taxation.

14

     SECTION 10. Appropriation.

15

     To the extent the debt service on these bonds is not otherwise provided, a sum sufficient to

16

pay the interest and principal due each year on bonds and notes hereunder is hereby annually

17

appropriated out of any money in the treasury not otherwise appropriated.

18

     SECTION 11. Advances from general fund.

19

     The General Treasurer is authorized, with the approval of the Director and the Governor,

20

in anticipation of the issue of notes or bonds under the authority of this Act, to advance to the capital

21

development bond fund for the purposes specified in Section 6 hereof, any funds of the State not

22

specifically held for any particular purpose; provided, however, that all advances made to the

23

capital development bond fund shall be returned to the general fund from the capital development

24

bond fund forthwith upon the receipt by the capital development fund of proceeds resulting from

25

the issue of notes or bonds to the extent of such advances.

26

     SECTION 12. Federal assistance and private funds.

27

     In carrying out this act, the Director, or his or her designee, is authorized on behalf of the

28

State, with the approval of the Governor, to apply for and accept any federal assistance which may

29

become available for the purpose of this Act, whether in the form of loan or grant or otherwise, to

30

accept the provision of any federal legislation therefor, to enter into, act and carry out contracts in

31

connection therewith, to act as agent for the federal government in connection therewith, or to

32

designate a subordinate so to act. Where federal assistance is made available, the project shall be

33

carried out in accordance with applicable federal law, the rules and regulations thereunder and the

34

contract or contracts providing for federal assistance, notwithstanding any contrary provisions of

 

LC004149 - Page 100 of 319

1

State law. Subject to the foregoing, any federal funds received for the purposes of this Act shall be

2

deposited in the capital development bond fund and expended as a part thereof. The Director or

3

his or her designee may also utilize any private funds that may be made available for the purposes

4

of this Act.

5

     SECTION 13. Effective Date.

6

     Sections 1, 2, 3, 11, 12 and this Section 13 of this article shall take effect upon passage.

7

The remaining sections of this article shall take effect when and if the State Board of Elections shall

8

certify to the Secretary of State that a majority of the qualified electors voting on the proposition

9

contained in Section 1 hereof have indicated their approval of all or any projects thereunder.

 

LC004149 - Page 101 of 319

1

ARTICLE 6

2

RELATING TO TAXATION

3

     SECTION 1. Section 44-30-12 of the General Laws in Chapter 44-30 entitled "Personal

4

Income Tax" is hereby amended to read as follows:

5

     44-30-12 Rhode Island income of a resident individual.

6

     (a) General. The Rhode Island income of a resident individual means his or her adjusted

7

gross income for federal income tax purposes, with the modifications specified in this section.

8

     (b) Modifications increasing federal adjusted gross income. There shall be added to federal

9

adjusted gross income:

10

     (1) Interest income on obligations of any state, or its political subdivisions, other than

11

Rhode Island or its political subdivisions;

12

     (2) Interest or dividend income on obligations or securities of any authority, commission,

13

or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the

14

extent exempted by the laws of the United States from federal income tax but not from state income

15

taxes;

16

     (3) The modification described in § 44-30-25(g);

17

     (4) (i) The amount defined below of a nonqualified withdrawal made from an account in

18

the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified

19

withdrawal is:

20

     (A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal

21

Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-

22

6.1; and

23

     (B) A withdrawal or distribution that is:

24

     (I) Not applied on a timely basis to pay "qualified higher education expenses" as defined

25

in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made;

26

     (II) Not made for a reason referred to in § 16-57-6.1(e); or

27

     (III) Not made in other circumstances for which an exclusion from tax made applicable by

28

Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover,

29

withdrawal, or distribution is made within two (2) taxable years following the taxable year for

30

which a contributions modification pursuant to subsection (c)(4) of this section is taken based on

31

contributions to any tuition savings program account by the person who is the participant of the

32

account at the time of the contribution, whether or not the person is the participant of the account

33

at the time of the transfer, rollover, withdrawal or distribution;

 

LC004149 - Page 102 of 319

1

     (ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B)

2

of this section, there shall be added to the federal adjusted gross income of that person for the

3

taxable year of the withdrawal an amount equal to the lesser of:

4

     (A) The amount equal to the nonqualified withdrawal reduced by the sum of any

5

administrative fee or penalty imposed under the tuition savings program in connection with the

6

nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the

7

person's federal adjusted gross income for the taxable year; and

8

     (B) The amount of the person's contribution modification pursuant to subsection (c)(4) of

9

this section for the person's taxable year of the withdrawal and the two (2) prior taxable years less

10

the amount of any nonqualified withdrawal for the two (2) prior taxable years included in

11

computing the person's Rhode Island income by application of this subsection for those years. Any

12

amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode

13

Island income for residents, nonresidents and part-year residents;

14

     (5) The modification described in § 44-30-25.1(d)(3)(i);

15

     (6) The amount equal to any unemployment compensation received but not included in

16

federal adjusted gross income;

17

     (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a

18

qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6); and

19

     (8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck

20

Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus

21

Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or

22

any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount

23

of the loan forgiven exceeds $250,000, including an individual's distributive share of the amount

24

of a pass-through entity's loan forgiveness in excess of $250,000.

25

     (c) Modifications reducing federal adjusted gross income. There shall be subtracted from

26

federal adjusted gross income:

27

     (1) Any interest income on obligations of the United States and its possessions to the extent

28

includible in gross income for federal income tax purposes, and any interest or dividend income on

29

obligations, or securities of any authority, commission, or instrumentality of the United States to

30

the extent includible in gross income for federal income tax purposes but exempt from state income

31

taxes under the laws of the United States; provided, that the amount to be subtracted shall in any

32

case be reduced by any interest on indebtedness incurred or continued to purchase or carry

33

obligations or securities the income of which is exempt from Rhode Island personal income tax, to

 

LC004149 - Page 103 of 319

1

the extent the interest has been deducted in determining federal adjusted gross income or taxable

2

income;

3

     (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1);

4

     (3) The amount of any withdrawal or distribution from the "tuition savings program"

5

referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal

6

or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal;

7

     (4) Contributions made to an account under the tuition savings program, including the

8

"contributions carryover" pursuant to subsection (c)(4)(iv) of this section, if any, subject to the

9

following limitations, restrictions and qualifications:

10

     (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the

11

taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint

12

return;

13

     (ii) The following shall not be considered contributions:

14

     (A) Contributions made by any person to an account who is not a participant of the account

15

at the time the contribution is made;

16

     (B) Transfers or rollovers to an account from any other tuition savings program account or

17

from any other "qualified tuition program" under section 529 of the Internal Revenue Code, 26

18

U.S.C. § 529; or

19

     (C) A change of the beneficiary of the account;

20

     (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer's federal

21

adjusted gross income to less than zero (0);

22

     (iv) The contributions carryover to a taxable year for purpose of this subdivision is the

23

excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition

24

savings program for all preceding taxable years for which this subsection is effective over the sum

25

of:

26

     (A) The total of the subtractions under this subdivision allowable to the taxpayer for all

27

such preceding taxable years; and

28

     (B) That part of any remaining contribution carryover at the end of the taxable year which

29

exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable

30

years not included in the addition provided for in this subdivision for those years. Any such part

31

shall be disregarded in computing the contributions carryover for any subsequent taxable year;

32

     (v) For any taxable year for which a contributions carryover is applicable, the taxpayer

33

shall include a computation of the carryover with the taxpayer's Rhode Island personal income tax

34

return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a

 

LC004149 - Page 104 of 319

1

joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a

2

subsequent taxable year, the computation shall reflect how the carryover is being allocated between

3

the prior joint filers;

4

     (5) The modification described in § 44-30-25.1(d)(1);

5

     (6) Amounts deemed taxable income to the taxpayer due to payment or provision of

6

insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or

7

other coverage plan;

8

     (7) Modification for organ transplantation.

9

     (i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted

10

gross income if he or she, while living, donates one or more of his or her human organs to another

11

human being for human organ transplantation, except that for purposes of this subsection, "human

12

organ" means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract

13

modification that is claimed hereunder may be claimed in the taxable year in which the human

14

organ transplantation occurs.

15

     (ii) An individual may claim that subtract modification hereunder only once, and the

16

subtract modification may be claimed for only the following unreimbursed expenses that are

17

incurred by the claimant and related to the claimant's organ donation:

18

     (A) Travel expenses.

19

     (B) Lodging expenses.

20

     (C) Lost wages.

21

     (iii) The subtract modification hereunder may not be claimed by a part-time resident or a

22

nonresident of this state;

23

     (8) Modification for taxable Social Security income.

24

     (i) For tax years beginning on or after January 1, 2016:

25

     (A) For a person who has attained the age used for calculating full or unreduced social

26

security retirement benefits who files a return as an unmarried individual, head of household, or

27

married filing separate whose federal adjusted gross income for the taxable year is less than eighty

28

thousand dollars ($80,000); or

29

     (B) A married individual filing jointly or individual filing qualifying widow(er) who has

30

attained the age used for calculating full or unreduced social security retirement benefits whose

31

joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars

32

($100,000), an amount equal to the social security benefits includible in federal adjusted gross

33

income.

 

LC004149 - Page 105 of 319

1

     (ii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A) and

2

(c)(8)(i)(B) of this section shall be increased annually by an amount equal to:

3

     (A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) of this

4

section adjusted for inflation using a base tax year of 2000, multiplied by;

5

     (B) The cost-of-living adjustment with a base year of 2000.

6

     (iii) For the purposes of this section the cost-of-living adjustment for any calendar year is

7

the percentage (if any) by which the consumer price index for the preceding calendar year exceeds

8

the consumer price index for the base year. The consumer price index for any calendar year is the

9

average of the consumer price index as of the close of the twelve-month (12) period ending on

10

August 31, of such calendar year.

11

     (iv) For the purpose of this section the term "consumer price index" means the last

12

consumer price index for all urban consumers published by the department of labor. For the purpose

13

of this section the revision of the consumer price index which is most consistent with the consumer

14

price index for calendar year 1986 shall be used.

15

     (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00),

16

such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a

17

married individual filing separate return, if any increase determined under this section is not a

18

multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple

19

of twenty-five dollars ($25.00);

20

     (9) Modification for up to fifteen thousand dollars ($15,000) of taxable retirement income

21

from certain pension plans or annuities.

22

     (i) For tax years beginning on or after January 1, 2017, a modification shall be allowed for

23

up to fifteen thousand dollars ($15,000) of taxable pension and/or annuity income that is included

24

in federal adjusted gross income for the taxable year:

25

     (A) For a person who has attained the age used for calculating full or unreduced social

26

security retirement benefits who files a return as an unmarried individual, head of household, or

27

married filing separate whose federal adjusted gross income for such taxable year is less than the

28

amount used for the modification contained in subsection (c)(8)(i)(A) of this section an amount not

29

to exceed $15,000 of taxable pension and/or annuity income includible in federal adjusted gross

30

income; or

31

     (B) For a married individual filing jointly or individual filing qualifying widow(er) who

32

has attained the age used for calculating full or unreduced social security retirement benefits whose

33

joint federal adjusted gross income for such taxable year is less than the amount used for the

 

LC004149 - Page 106 of 319

1

modification contained in subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000

2

of taxable pension and/or annuity income includible in federal adjusted gross income.

3

     (ii) Adjustment for inflation. The dollar amount contained by reference in subsections

4

(c)(9)(i)(A) and (c)(9)(i)(B) of this section shall be increased annually for tax years beginning on

5

or after January 1, 2018, by an amount equal to:

6

     (A) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B)

7

of this section adjusted for inflation using a base tax year of 2000, multiplied by;

8

     (B) The cost-of-living adjustment with a base year of 2000.

9

     (iii) For the purposes of this section, the cost-of-living adjustment for any calendar year is

10

the percentage (if any) by which the consumer price index for the preceding calendar year exceeds

11

the consumer price index for the base year. The consumer price index for any calendar year is the

12

average of the consumer price index as of the close of the twelve-month (12) period ending on

13

August 31, of such calendar year.

14

     (iv) For the purpose of this section, the term "consumer price index" means the last

15

consumer price index for all urban consumers published by the department of labor. For the purpose

16

of this section, the revision of the consumer price index which is most consistent with the consumer

17

price index for calendar year 1986 shall be used.

18

     (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00),

19

such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a

20

married individual filing a separate return, if any increase determined under this section is not a

21

multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple

22

of twenty-five dollars ($25.00); and

23

     (10) Modification for Rhode Island investment in opportunity zones. For purposes of a

24

taxpayer's state tax liability, in the case of any investment in a Rhode Island opportunity zone by

25

the taxpayer for at least seven (7) years, a modification to income shall be allowed for the

26

incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and

27

the federal benefit allowed under 26 U.S.C. § 1400Z-2(c).; and

28

     (11) Modification for military service pensions.

29

     (i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed

30

as follows:

31

     (A) For the tax year beginning on January 1, 2023, a taxpayer may subtract from federal

32

adjusted gross income up to twenty percent (20%) of the taxpayer’s military service pension

33

benefits included in federal adjusted gross income;

 

LC004149 - Page 107 of 319

1

     (B) For the tax year beginning on January 1, 2024, a taxpayer may subtract from federal

2

adjusted gross income up to forty percent (40%) of the taxpayer’s military service pension benefits

3

included in federal adjusted gross income;

4

     (C) For the tax year beginning on January 1, 2025, a taxpayer may subtract from federal

5

adjusted gross income up to sixty percent (60%) of the taxpayer’s military service pension benefits

6

included in federal adjusted gross income;

7

     (D) For the tax year beginning on January 1, 2026, a taxpayer may subtract from federal

8

adjusted gross income up to eighty percent (80%) of the taxpayer’s military service pension benefits

9

included in federal adjusted gross income;

10

     (E) For tax years beginning on or after January 1, 2027, a taxpayer may subtract from

11

federal adjusted gross income up to one hundred percent (100%) of the taxpayer’s military service

12

pension benefits included in federal adjusted gross income.

13

     (ii) As used in this subsection, the term “military service” shall have the same meaning as

14

set forth in 20 CFR Section 212.2.

15

     (iii) At no time shall the modification allowed under this subsection alone or in conjunction

16

with subsection (c)(9) exceed the amount of the military service pension received in the tax year

17

for which the modification is claimed.

18

     (d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or

19

subtracted from, federal adjusted gross income (as the case may be) the taxpayer's share, as

20

beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-

21

30-17.

22

     (e) Partners. The amounts of modifications required to be made under this section by a

23

partner, which relate to items of income or deduction of a partnership, shall be determined under §

24

44-30-15.

25

     SECTION 2. This article shall take effect upon passage.

 

LC004149 - Page 108 of 319

1

ARTICLE 7

2

RELATING TO ENERGY AND THE ENVIRONMENT

3

     SECTION 1. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled “Duties of

4

Utilities and Carriers” is hereby amended to read as follows: 

5

     39-2-1.2.  Utility base rate — Advertising, demand-side management, and

6

renewables.

7

     (a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or

8

providing heat, electricity, or water to or for the public shall include as part of its base rate any

9

expenses for advertising, either direct or indirect, that promotes the use of its product or service, or

10

is designed to promote the public image of the industry. No public utility may furnish support of

11

any kind, direct or indirect, to any subsidiary, group, association, or individual for advertising and

12

include the expense as part of its base rate. Nothing contained in this section shall be deemed as

13

prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or

14

educational in nature, that is designed to promote public safety conservation of the public utility's

15

product or service. The public utilities commission shall promulgate such rules and regulations as

16

are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect,

17

and to otherwise effectuate the provisions of this section.

18

     (b) Effective as of January 1, 2008, and for a period of twenty (20) years thereafter, each

19

electric distribution company shall include a charge per kilowatt-hour delivered to fund demand-

20

side management programs. The 0.3 mills per kilowatt-hour delivered to fund renewable energy

21

programs shall remain in effect until December 31, 2028. The electric distribution company shall

22

establish and, after July 1, 2007, maintain, two (2) separate accounts, one for demand-side

23

management programs (the "demand-side account"), which shall be funded by the electric demand-

24

side charge and administered and implemented by the distribution company, subject to the

25

regulatory reviewing authority of the commission, and one for renewable energy programs, which

26

shall be administered by the Rhode Island commerce corporation pursuant to § 42-64-13.2 and shall

27

be held and disbursed by the distribution company as directed by the Rhode Island commerce

28

corporation for the purposes of developing, promoting, and supporting renewable energy programs.

29

     During the time periods established in this subsection, the commission may, in its

30

discretion, after notice and public hearing, increase the sums for demand-side management and

31

renewable resources. In addition, the commission shall, after notice and public hearing, determine

32

the appropriate charge for these programs. The office of energy resources, and/or the administrator

33

of the renewable energy programs, may seek to secure for the state an equitable and reasonable

34

portion of renewable energy credits or certificates created by private projects funded through those

 

LC004149 - Page 109 of 319

1

programs. As used in this section, "renewable energy resources" shall mean: (1) Power generation

2

technologies, as defined in § 39-26-5, "eligible renewable energy resources," including off-grid and

3

on-grid generating technologies located in Rhode Island, as a priority; (2) Research and

4

development activities in Rhode Island pertaining to eligible renewable energy resources and to

5

other renewable energy technologies for electrical generation; or (3) Projects and activities directly

6

related to implementing eligible renewable energy resources projects in Rhode Island.

7

Technologies for converting solar energy for space heating or generating domestic hot water may

8

also be funded through the renewable energy programs. Fuel cells may be considered an energy

9

efficiency technology to be included in demand-side management programs. Special rates for low-

10

income customers in effect as of August 7, 1996, shall be continued, and the costs of all of these

11

discounts shall be included in the distribution rates charged to all other customers. Nothing in this

12

section shall be construed as prohibiting an electric distribution company from offering any special

13

rates or programs for low-income customers which are not in effect as of August 7, 1996, subject

14

to the approval by the commission.

15

     (1) The renewable energy investment programs shall be administered pursuant to rules

16

established by the Rhode Island commerce corporation. Said rules shall provide transparent criteria

17

to rank qualified renewable energy projects, giving consideration to:

18

     (i) The feasibility of project completion;

19

     (ii) The anticipated amount of renewable energy the project will produce;

20

     (iii) The potential of the project to mitigate energy costs over the life of the project; and

21

     (iv) The estimated cost per kilowatt-hour (KWh) of the energy produced from the project.

22

     (c) [Deleted by P.L. 2012, ch. 241, art. 4, § 14.]

23

     (d) The chief executive officer of the commerce corporation is authorized and may enter

24

into a contract with a contractor for the cost-effective administration of the renewable energy

25

programs funded by this section. A competitive bid and contract award for administration of the

26

renewable energy programs may occur every three (3) years and shall include, as a condition, that

27

after July 1, 2008, the account for the renewable energy programs shall be maintained and

28

administered by the commerce corporation as provided for in subsection (b) of this section.

29

     (e) Effective January 1, 2007, and for a period of twenty-one (21) years thereafter, each

30

gas distribution company shall include, with the approval of the commission, a charge per deca

31

therm delivered to fund demand-side management programs (the "gas demand-side charge"),

32

including, but not limited to, programs for cost-effective energy efficiency, energy conservation,

33

combined heat and power systems, and weatherization services for low-income households.

 

LC004149 - Page 110 of 319

1

     (f) Each gas company shall establish a separate account for demand-side management

2

programs (the "gas demand-side account") that shall be funded by the gas demand-side charge and

3

administered and implemented by the distribution company, subject to the regulatory reviewing

4

authority of the commission. The commission may establish administrative mechanisms and

5

procedures that are similar to those for electric demand-side management programs administered

6

under the jurisdiction of the commission and that are designed to achieve cost-effectiveness and

7

high, life-time savings of efficiency measures supported by the program.

8

     (g) The commission may, if reasonable and feasible, except from this demand-side

9

management charge:

10

     (1) Gas used for distribution generation; and

11

     (2) Gas used for the manufacturing processes, where the customer has established a self-

12

directed program to invest in and achieve best-effective energy efficiency in accordance with a plan

13

approved by the commission and subject to periodic review and approval by the commission, which

14

plan shall require annual reporting of the amount invested and the return on investments in terms

15

of gas savings.

16

      (h) The commission may provide for the coordinated and/or integrated

17

administration of electric and gas demand-side management programs in order to enhance the

18

effectiveness of the programs. Such coordinated and/or integrated administration may after March

19

1, 2009, upon the recommendation of the office of energy resources, be through one or more third-

20

party entities designated by the commission pursuant to a competitive selection process.

21

      (i) Effective January 1, 2007, the commission shall allocate, from demand-side

22

management gas and electric funds authorized pursuant to this section, an amount not to exceed

23

three percent (3%) of such funds on an annual basis for the retention of expert consultants, and

24

reasonable administration costs of the energy efficiency and resources management council

25

associated with planning, management, and evaluation of energy-efficiency programs, renewable

26

energy programs, system reliability least-cost procurement, and with regulatory proceedings,

27

contested cases, and other actions pertaining to the purposes, powers, and duties of the council,

28

which allocation may by mutual agreement, be used in coordination with the office of energy

29

resources to support such activities.

30

     (j) Effective January 1, 2016, the commission shall annually allocate from the

31

administrative funding amount allocated in subsection (i) from the demand-side management

32

program as described in subsection (i) as follows: forty percent (40%) for the purposes identified

33

in subsection (i) and sixty percent (60%) annually to the office of energy resources for activities

34

associated with planning, management, and evaluation of energy-efficiency programs, renewable

 

LC004149 - Page 111 of 319

1

energy programs, system reliability, least-cost procurement, and with regulatory proceedings,

2

contested cases, and other actions pertaining to the purposes, powers, and duties of the office of

3

energy resources. The office of energy resources and the energy efficiency resource management

4

council shall have exclusive authority to direct the use of these funds.

5

     (k) On April 15, of each year, the office and the council shall submit to the governor, the

6

president of the senate, and the speaker of the house of representatives, separate financial and

7

performance reports regarding the demand-side management programs, including the specific level

8

of funds that were contributed by the residential, municipal, and commercial and industrial sectors

9

to the overall programs; the businesses, vendors, and institutions that received funding from

10

demand-side management gas and electric funds used for the purposes in this section; and the

11

businesses, vendors, and institutions that received the administrative funds for the purposes in

12

subsections (i) and (j). These reports shall be posted electronically on the websites of the office of

13

energy resources and the energy efficiency and resources management council.

14

     (l) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each

15

electric distribution company, except for the Pascoag Utility District and Block Island Power

16

Company, shall remit two percent (2%) of the amount of the 2014 electric demand-side charge

17

collections to the Rhode Island infrastructure bank.

18

     (m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each

19

gas distribution company shall remit two percent (2%) of the amount of the 2014 gas demand-side

20

charge collections to the Rhode Island infrastructure bank.

21

     (n) Effective January 1, 2022, the commission shall allocate, from demand-side

22

management gas and electric funds authorized pursuant to this section, five million dollars

23

($5,000,000) of such funds on an annual basis to the Rhode Island infrastructure bank. Gas and

24

electric demand-side funds transferred to the Rhode Island infrastructure bank pursuant to this

25

section shall be eligible to be used in any energy efficiency, renewable energy, clean transportation,

26

clean heating, energy storage, or demand-side management project financing program administered

27

by the Rhode Island infrastructure bank notwithstanding any other restrictions on the use of such

28

collections set forth in this chapter. The infrastructure bank shall report annually to the commission

29

within ninety (90) days of the end of each calendar year how collections transferred under this

30

section were utilized.

31

     (o) Effective January 1, 2023, the commission shall allocate from demand-side

32

management gas and electric funds authorized pursuant to this section, six million dollars

33

($6,000,000) of such funds on an annual basis to the Rhode Island office of energy resources, on

34

behalf of the executive climate change coordinating council, for climate change-related initiatives.

 

LC004149 - Page 112 of 319

1

The executive climate change coordinating council shall have exclusive authority to direct the use

2

of these funds. The office of energy resources may act on behalf of the executive climate change

3

coordinating council to disburse these funds.

4

     (i) The gas and electric demand-side funds allocated pursuant to 39-2-1.2(o) shall be used

5

for any energy efficiency, renewable energy, clean transportation, clean heating, energy storage,

6

demand-side management, or other programs and investments that support the reduction of

7

greenhouse gases consistent with the 2021 Act on Climate. Funds may also be used for the purpose

8

of providing the financial means for the council to purchase materials and to employ on a contract

9

or other basis expert consultant services, expert witnesses, and/or other support services necessary

10

to advance the requirements of the act on climate.

11

     (ii) The Rhode Island executive climate change council shall report annually to the

12

governor and general assembly within one hundred and twenty (120) days of the end of each

13

calendar year how the funds were used to achieve the statutory objectives of the 2021 act on climate.

14

     (iii) The office of energy resources is authorized and may enter into contracts with third-

15

party entities for the administration and/or implementation of climate change initiatives funded by

16

this section.

17

     (iv) There is hereby established a restricted receipt account in the general fund of the state

18

and housed in the budget of the department of administration entitled “executive climate change

19

coordinating council projects.” The express purpose of this account is to record receipts and

20

expenditures of the program herein described and established within this subsection.

21

     (p) Effective January 1, 2023, the electric and gas distribution company shall not be eligible

22

for performance based or other incentives related to the administration and implementation of

23

energy efficiency programs approved pursuant to this chapter.

24

     (q) The Rhode Island office of energy resources, in coordination with the energy efficiency

25

resource management council, shall issue a request for proposals for the cost effective

26

administration and implementation of statewide energy efficiency programs funded by this section

27

no later than March 31, 2023. The Rhode Island office of energy resources, in coordination with

28

the energy efficiency resource management council, shall evaluate proposals and determine

29

whether energy efficiency administration and implementation by the electric and gas distribution

30

company or a third-party is in the best interest of Rhode Island energy consumers. After January

31

1, 2025, the office of energy resources may, periodically, and at its discretion, issue additional

32

requests for proposals for the administration and implementation of statewide energy efficiency

33

programs funded through this chapter.

 

LC004149 - Page 113 of 319

1

     (i) Nothing in this chapter shall prohibit the electric and/or gas distribution company from

2

submitting a proposal to administer and implement the state energy efficiency programs.

3

     (ii) If the office of energy resources, in coordination with the energy efficiency resource

4

management council, determines that the use of a third-party administrator is in the best interest of

5

Rhode Island energy consumers, it shall file its recommendation with the public utilities

6

commission, which shall docket and rule on the matter pursuant to its general statutory

7

authorization. If the commission determines that the recommended third-party administrator is in

8

the interest of Rhode Island utility customers, it shall provide for the full cost recovery of any

9

subsequent contracts entered into by the office and the third-party administrator from electric and

10

gas distribution customers.

11

     (iii) If the office does not recommend advancement of a third-party administrator, the

12

electric and gas distribution utility shall continue to administer statewide energy efficiency

13

programs.

14

     SECTION 2. Title 42 of the General Laws entitled “State Affairs and Government” is

15

hereby amended by adding thereto the following chapter:

16

CHAPTER 162

17

ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROGRAM

18

     42-162-1. Legislative findings.

19

     The general assembly finds and declares that:

20

     (1) The 2021 act on climate establishes mandatory, economy-wide greenhouse gas

21

emissions reduction targets; and

22

     (2) To meet these goals, Rhode Island must accelerate its adoption of more sustainable

23

transportation solutions, including electric vehicles; and

24

     (3) The widespread adoption of electric vehicles will necessitate investment in and

25

deployment of electric vehicle charging infrastructure; and

26

     (4) Electric vehicle charging infrastructure must be made accessible to all Rhode Island

27

citizens and businesses, and deployed in an equitable manner; and

28

     (5) The installation of electric vehicle charging infrastructure – and other clean energy

29

investments – will support statewide economic development and job growth in the clean energy

30

sector.

31

     42-162-2. Definitions.

32

     As used in this chapter, the following terms, unless the context requires a different

33

interpretation, shall have the following meanings:

34

     (1) "Department" means the department of transportation.

 

LC004149 - Page 114 of 319

1

     (2) “Electric Vehicle Charging Infrastructure” means equipment that supplies electricity to

2

charge electric vehicles, including charging stations and balance of plant.

3

     (3) “Electric Vehicle Charging Infrastructure Funds” means but is not limited to, federal

4

funds allocated for electric vehicle charging infrastructure from the federal infrastructure

5

investment and jobs act and any funds allocated as state match to federal funds.

6

     (4) “Federal Funds” means monies allocated for electric vehicle charging infrastructure

7

from the infrastructure investment and jobs act.

8

     (5) "Office" means the office of energy resources.

9

     42-162-3. Implementation of the electric vehicle charging infrastructure investment

10

program.

11

     (a) There is hereby established an electric vehicle charging infrastructure investment

12

program. The department and office shall, in consultation with the department of environmental

13

management, establish the electric vehicle charging infrastructure investment program to be

14

administered by the office in consultation with the department.

15

     (b) The department and office, in consultation with the department of environmental

16

management, shall propose draft program and investment criteria on the electric vehicle charging

17

infrastructure investment program and accept public comment for thirty (30) days. The draft shall

18

specify the incentive levels, eligibility criteria, and program rules for electric vehicle charging

19

infrastructure incentives. The program and investment criteria shall be finalized by the office and

20

department after the public comment period closes and include responses to submitted public

21

comments.

22

     (c) The department and office shall provide a website for the electric vehicle charging

23

infrastructure investment program to support public accessibility.

24

     42-162-4. Reporting.

25

     The department and office shall provide a report to the governor and general assembly by

26

December 31, 2023, on the results of the electric vehicle charging infrastructure investment

27

program. The department and office shall provide an annual report to the governor and general

28

assembly until the federal funds have been completely utilized.

29

     SECTION 3. Section 46-23-20.1 of the General Laws in Chapter 46-23 entitled “Coastal

30

Resources Management Council” is hereby amended to read as follows: 

31

     46-23-20.1. Hearing officers — Appointment — Compensation — Subcommittee.

32

     (a) The governor, with the advice and consent of the senate, shall appoint two (2) hearing

33

officers who shall be attorneys-at-law, who, prior to their appointment, shall have practiced law for

34

a period of not less than five (5) years for a term of five (5) years; provided, however, that the initial

 

LC004149 - Page 115 of 319

1

appointments shall be as follows: one hearing officer shall be appointed for a term of three (3) years

2

and one hearing officer shall be appointed for a term of five (5) years. The appointees shall be

3

addressed as hearing officers.

4

     (b) The governor shall designate one of the hearing officers as chief hearing officer. The

5

hearing officers shall hear proceedings as provided by this section, and the council, with the

6

assistance of the chief hearing officer, may promulgate such rules and regulations as shall be

7

necessary or desirable to effect the purposes of this section.

8

     (c) A hearing officer shall be devoted full time to these administrative duties, and shall not

9

otherwise practice law while holding office nor be a partner nor an associate of any person in the

10

practice of law. may be appointed to serve on a part-time basis. No hearing officer shall participate

11

in any case in which he or she is an interested party.

12

     (d) Compensation for hearing officers shall be determined by the unclassified pay board.

13

     (e) Whenever the chairperson of the coastal resources management council or, in the

14

absence of the chairperson, the commissioner of coastal resources makes a finding that the hearing

15

officers are otherwise engaged and unable to hear a matter in a timely fashion, he or she may

16

appoint a subcommittee which will act as hearing officers in any contested case coming before the

17

council. The subcommittee shall consist of at least one member; provided, however, that in all

18

contested cases an additional member shall be a resident of the coastal community affected. The

19

city or town council of each coastal community shall, at the beginning of its term of office, appoint

20

a resident of that city or town to serve as an alternate member of the aforesaid subcommittee should

21

there be no existing member of the coastal resources management council from that city or town

22

available to serve on the subcommittee. Any member of the subcommittee actively engaged in

23

hearing a case shall continue to hear the case, even though his or her term may have expired, until

24

the case is concluded and a vote taken thereon. Hearings before subcommittees shall be subject to

25

all rules of practice and procedure as govern hearings before hearing officers.

26

     SECTION 4. This article shall take effect upon passage.

 

LC004149 - Page 116 of 319

1

ARTICLE 8

2

RELATING TO SMALL BUSINESS

3

     SECTION 1. Section 3-6-1.2 of the General Laws in Chapter 3-6 entitled “Manufacturing

4

and Wholesale Licenses” is hereby amended as follows:

5

     3-6-1.2. Brewpub manufacturer's license.

6

     (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a

7

brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the

8

beverages manufactured on the location for consumption on the premises. The license shall not

9

authorize the retail sale of beverages from any location other than the location set forth in the

10

license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-

11

gallon bottle known as a "growler" to consumers for off the premises consumption to be sold

12

pursuant to the laws governing retail Class A establishments. The license also authorizes the sale

13

of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce

14

(12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages,

15

or one thousand five hundred milliliters (1500 ml), of distilled spirits per visitor, per day, to be sold

16

in containers that may hold no more than seventy-two ounces (72 oz.) each. These beverages may

17

be sold to the consumers for off-premises consumption, and shall be sold pursuant to the laws

18

governing retail Class A establishments.

19

     (b) The license shall also authorize the sale at wholesale at the licensed place by the

20

manufacturer of the product of his or her licensed plant as well as beverages produced for the

21

brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the

22

transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier

23

for that delivery.

24

     (c) The brewpub manufacturer's license further authorizes the sale of beverages

25

manufactured on the premises to any person holding a valid wholesaler's and importer's license

26

under § 3-6-9 or 3-6-11.

27

     (d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub producing

28

more than fifty thousand gallons (50,000 gal.) per year and five hundred dollars ($500) per year for

29

a brewpub producing less than fifty thousand gallons (50,000 gal.) per year. The annual fee is

30

prorated to the year ending December 1 in every calendar year and paid to the general treasurer for

31

the use of the state.

32

     (e) [Expires March 1, 2022]. A holder of a brewpub manufacturer’s license will be

33

permitted to sell, with take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml)

34

bottles of wine or the equivalent volume of wine in smaller factory sealed containers, or seventy-

 

LC004149 - Page 117 of 319

1

two ounces (72 oz.) of mixed wine-based drinks or single-serving wine in containers sealed in such

2

a way as to prevent re-opening without obvious evidence that the seal was removed or broken, one

3

hundred forty-four ounces (144 oz.) of beer or mixed beverages in original factory sealed

4

containers, and one hundred forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72

5

oz.) of mixed beverages containing not more than nine ounces (9 oz.) of distilled spirits in growlers,

6

bottles, or other containers sealed in such a way as to prevent re-opening without obvious evidence

7

that the seal was removed or broken, provided such sales shall be made in accordance with § 1.4.10

8

of the department of business regulation (DBR) liquor control administration regulations, 230-

9

RICR-30-10-1, and any other DBR regulations.

10

     (1) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a brewpub

11

licensee is prohibited.

12

     SECTION 2. Section 3-7-7 of the General Laws in Chapter 3-7 entitled “Retail Licenses”

13

is hereby amended as follows:

14

     3-7-7. Class B license.

15

     (a)(1) A retailer's Class B license is issued only to a licensed bona fide tavern keeper or

16

victualer whose tavern or victualing house may be open for business and regularly patronized at

17

least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. provided no beverage is sold or

18

served after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards may

19

fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town

20

council may, in its discretion, issue full and limited Class B licenses which may not be transferred,

21

but which shall revert to the town of East Greenwich if not renewed by the holder. The Cumberland

22

town council may, in its discretion, issue full and limited Class B licenses which may not be

23

transferred to another person or entity, or to another location, but which shall revert to the town of

24

Cumberland if not renewed by the holder.

25

     The Pawtucket city council may, in its discretion, issue full and limited Class B licenses

26

which may not be transferred to another person or entity, or to another location, but which shall

27

revert to the city of Pawtucket if not renewed by the holder. This legislation shall not affect any

28

Class B license holders whose licenses were issued by the Pawtucket city council with the right to

29

transfer.

30

     (2) The license authorizes the holder to keep for sale and sell beverages including beer in

31

cans, at retail at the place described and to deliver them for consumption on the premises or place

32

where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging

33

of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge is

34

posted at the entrance of the establishments in a prominent place.

 

LC004149 - Page 118 of 319

1

     (i) [Expires March 1, 2022]. A holder of a Class B license will be permitted to sell, with

2

take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the

3

equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.) of

4

mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent

5

re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four

6

ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred

7

forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages

8

containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other

9

containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was

10

removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the

11

department of business regulation (DBR) liquor control administration regulations, 230-RICR-30-

12

10-1, and any other DBR regulations.

13

     (ii) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a Class B

14

licensee is prohibited.

15

     (3) Holders of licenses are not permitted to hold dances within the licensed premises unless

16

proper permits have been properly obtained from the local licensing authorities.

17

     (4) Any holder of a Class B license may, upon the approval of the local licensing board

18

and for the additional payment of two hundred dollars ($200) to five hundred dollars ($500), open

19

for business at twelve o'clock (12:00) p.m. and on Fridays and Saturdays and the night before legal

20

state holidays may close at two o'clock (2:00) a.m. All requests for a two o'clock (2:00) a.m. license

21

shall be advertised by the local licensing board in a newspaper having a circulation in the county

22

where the establishment applying for the license is located.

23

     (5) A holder of a retailer's Class B license is allowed to erect signs advertising his or her

24

business and products sold on the premises, including neon signs, and is allowed to light those signs

25

during all lawful business hours, including Sundays and holidays.

26

     (6) Notwithstanding the provisions of subsection (a) and/or § 3-7-16.4, a holder of a retail

27

class B and/or class ED license may apply to the municipality in which the licensee is located for

28

a permit to conduct a so-called "Lock-In Event", under the following conditions:

29

     (i) A "Lock-In Event" is defined as an event where a specified group of individuals are

30

permitted to remain in a licensed premises after closing hours including, but not limited to, the

31

hours of 1:00 a.m. to 6:00 a.m.

32

     (ii) A Lock-In Event must have the approval of the municipal licensing authority pursuant

33

to a permit issued for each such event, subject to such conditions as may attach to the permit. The

34

fee for the permit shall be not less than fifty dollars ($50.00) nor more than one hundred dollars

 

LC004149 - Page 119 of 319

1

($100). The granting or denial of a Lock-In Event permit shall be in the sole discretion of the

2

municipal licensing authority and there shall be no appeal from the denial of such a permit.

3

     (iii) During the entire period of any Lock-In Event, all alcoholic beverages must be secured

4

in place or removed from the public portion of the premises and secured to the satisfaction of the

5

municipality issuing the Lock-In Event permit.

6

     (iv) During the Lock-In Event, the establishment shall be exclusively occupied by the

7

Lock-In Event participants and no other patrons shall be admitted to the premises who are not

8

participants. It shall be a condition of the permit that participants shall not be admitted more than

9

thirty (30) minutes after the permitted start time of the Lock-In Event, except in the event of

10

unforeseen travel delays, nor permitted to re-enter the event if they leave the licensed premises.

11

     (v) As part of the Lock-In Event, food shall be served.

12

     (vi) The municipal licensing authority may, in its sole discretion, require the presence of a

13

police detail, for some or all of the event, and the number of officers required, if any, shall be

14

determined by the municipality as part of the process of issuing the Lock-In Event permit. The

15

licensee shall be solely responsible for the cost of any such required police detail.

16

     (b) The annual license fee for a tavern keeper shall be four hundred dollars ($400) to two

17

thousand dollars ($2,000), and for a victualer the license fee shall be four hundred dollars ($400)

18

to two thousand dollars ($2,000). In towns with a population of less than two thousand five hundred

19

(2,500) inhabitants, as determined by the last census taken under the authority of the United States

20

or the state, the fee for each retailer's Class B license shall be determined by the town council, but

21

shall in no case be less than three hundred dollars ($300) annually. If the applicant requests it in his

22

or her application, any retailer's Class B license may be issued limiting the sale of beverages on the

23

licensed premises to malt and vinous beverages containing not more than twenty percent (20%)

24

alcohol by volume, and the fee for that limited Class B license shall be two hundred dollars ($200)

25

to one thousand five hundred dollars ($1,500) annually. The fee for any Class B license shall in

26

each case be prorated to the year ending December 1 in every calendar year.

27

     (1) Upon the approval and designation of a district or districts within its city or town by

28

the local licensing board, the local licensing board may issue to any holder of a Class B license or

29

a Class ED license, an extended hours permit to extend closing hours on Thursdays, Fridays and

30

Saturdays, the night before a legal state holiday or such other days as determined by the local board,

31

for one hour past such license holder's legal closing time as established by the license holder's

32

license or licenses including, but not limited to, those issued pursuant to subsection (a)(4)of this

33

section. The extended hours permit shall not permit the sale of alcohol during the extended one-

34

hour period and shall prohibit the admittance of new patrons in the establishment during the

 

LC004149 - Page 120 of 319

1

extended one-hour period. The designation of such district(s) shall be for a duration of not less than

2

six (6) months. Prior to designating any such district, the local licensing authority shall hold a

3

hearing on the proposed designation. The proposed designation shall include the boundaries of the

4

proposed district, the applicable days for the extended hours, and the duration of the designation

5

and the conditions imposed. The proposed designation shall be advertised at least once per week

6

for three (3) weeks prior to the hearing in a newspaper in general circulation in the city or town.

7

The city or town will establish an application process for an extended hours permit for such license

8

holder and may adopt rules and regulations to administer the permit.

9

     SECTION 3. Section 21-27-1 of the Rhode Island General Laws in Chapter 21-27 entitled

10

“Sanitation in Food Establishments” is hereby amended to read as follows:

11

     21-27-1.  Definitions.

12

     Unless otherwise specifically provided in this chapter, the following definitions apply to

13

this chapter:

14

     (1) "Approved" means approved by the director.

15

     (2) "Commissary" means a central processing establishment where food is prepared for

16

sale or service off the premises or by mobile vendor an operating base location to which a mobile

17

food establishment or transportation vehicle returns regularly for such things as food preparation,

18

food storage, vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water

19

tanks and ice bins.

20

     (3) “Cottage food manufacture” means the production in accordance with the requirements

21

of § 21-27-6.2 of allowable foods for retail sale directly to the consumer in a residential kitchen or

22

a rented commercial kitchen licensed by the department.

23

     (4) “Cultural heritage education facility” means a facility for up to ten (10 individuals who,

24

for a fee, participate in the preparation and consumption of food, limited to an owner-occupied site

25

documented to be at least one hundred and fifty (150) years old and whose drinking water shall be

26

obtained from an approved source which meets all of the requirements of chapter 46-13.

27

     (3) (5) "Department" means the department of health.

28

     (4) (6) "Director" means the director of health or the director's duly appointed agents.

29

     (5) (7) "Farmers market" means a market where two (2) or more farmers are selling

30

produce exclusively grown on their own farms on a retail basis to consumers. Excluded from this

31

term is any market where farmers or others are selling produce at wholesale and/or any market in

32

which any individual is selling produce not grown on his or her own farm.

33

     (6) (8) "Farm home food manufacture" means the production in accordance with the

34

requirements of § 21-27-6.1 of food for retail sale in a residential kitchen on a farm which produces

 

LC004149 - Page 121 of 319

1

agricultural products for human consumption and the operator of which is eligible for exemption

2

from the sales and use tax in accordance with § 44-18-30(32).

3

     (7) (9) "Food" means: (i) articles used for food or drink for people or other animals, (ii)

4

chewing gum, and (iii) articles used for components of any food or drink article.

5

     (8) (10) "Food business" means and includes any establishment or place, whether fixed or

6

mobile, where food or ice is held, processed, manufactured, packaged, prepared, displayed, served,

7

transported, or sold.

8

     (9) (11) "Food service establishment" means any fixed or mobile restaurant, coffee shop,

9

cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern; bar,

10

cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage

11

education facility, private, public or nonprofit organization or institution routinely serving food,

12

catering kitchen, commissary or similar place in which food or drink is prepared for sale or for

13

service on the premises or elsewhere, and any other eating or drinking establishment or operation

14

where food is served or provided for the public with or without charge.

15

     (10) (12) "Mobile food service unit" means a unit that prepares and/or sells food products

16

for direct consumption.

17

     (13) “Operator” in relation to food vending machines means any person who by contract,

18

agreement, lease, rental, or ownership sells food from vending machines.

19

     (11) (14) "Person" means any individual, firm, co-partnership, association, or private or

20

municipal corporation.

21

     (12) (15) "Processor" means one who combines, handles, manufactures or prepares,

22

packages, and stores food products.

23

     (13) "Operator" in relation to food vending machines means any person who by contract,

24

agreement, lease, rental, or ownership sells food from vending machines.

25

     (14) (16) "Retail" means when eighty percent (80%) or more of sales are made directly to

26

consumers.

27

     (15) (17) "Retail peddler" means a food business which sells meat, seafood, and dairy

28

products directly to the consumer, house to house or in a neighborhood.

29

     (16) (18) "Roadside farmstand" means a stand or location adjacent to a farm where produce

30

grown only on that farm is sold at the time of harvest.

31

     (17) (19) "Vending machine site or location" means the room, enclosure, space, or area

32

where one or more vending machines are installed and/or operated.

 

LC004149 - Page 122 of 319

1

     (18) (20) "Warehouse" means a place for the storage of dried, fresh, or frozen food or food

2

products, not including those areas associated within or directly part of a food service establishment

3

or retail market.

4

     (19) (21) "Wholesale" means when eighty percent (80%) or more of the business is for

5

resale purposes.

6

     (20) "Cultural heritage education facility" means a facility for up to ten (10) individuals

7

who, for a fee, participate in the preparation and consumption of food, limited to an owner-occupied

8

site documented to be at least one hundred fifty (150) years old and whose drinking water shall be

9

obtained from an approved source which meets all of the requirements of chapter 46-13.

10

     SECTION 4. Chapter 21-27 of the Rhode Island General Laws entitled “Sanitation in Food

11

Establishments” is hereby amended by adding thereto the following section:

12

     21-27-6.2.  Cottage food manufacture.

13

     Notwithstanding the other provisions of this chapter, the department of health shall register

14

cottage food manufacture and the sale of the products of cottage food manufacture direct to

15

consumers whether by pickup or delivery within the state, provided that the requirements of this

16

section are met.

17

     (1) The cottage food products shall be produced in a kitchen that is on the premises of a

18

home and meets the standards for kitchens as provided for in minimum housing standards, adopted

19

pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted

20

pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:

21

     (i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that

22

reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one

23

compartment sink;

24

     (ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the

25

proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not

26

to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;

27

     (iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent,

28

corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted surface;

29

     (iv) Have self-closing doors for bathrooms that open directly into the kitchen;

30

     (v) If the home is on private water supply, the water supply must be tested once per year;

31

     (vi) Notwithstanding this subsection, the cottage food products may also be produced in a

32

commercial kitchen licensed by the department and is leased or rented by the cottage food registrant

33

provided that a record be maintained as to the dates the commercial kitchen was used and that

 

LC004149 - Page 123 of 319

1

ingredients used in the production of cottage foods are transported according to applicable food

2

safety standards and regulations promulgated by the department.

3

     (2) The cottage food products are prepared and produced ready for sale under the following

4

conditions:

5

     (i) Pets are kept out of food preparation and food storage areas at all times;

6

     (ii) Cooking facilities shall not be used for domestic food purposes while cottage food

7

products are being prepared;

8

     (iii) Garbage is placed and stored in impervious covered receptacles before it is removed

9

from the kitchen, which removal shall be at least once each day that the kitchen is used for cottage

10

food manufacture;

11

     (iv) Any laundry facilities which may be in the kitchen shall not be used during cottage

12

food manufacture;

13

     (v) Recipe(s) for each cottage food product with all the ingredients and quantities listed,

14

and processing times and procedures, are maintained in the kitchen for review and inspection;

15

     (vi) An affixed label that contains:

16

     (A) Name, address, and telephone number;

17

     (B) The ingredients of the cottage food product, in descending order of predominance by

18

weight or volume;

19

     (C) Allergen information, as specified by federal and state labeling requirements, such as

20

milk, eggs, tree nuts, peanuts, wheat, and soybeans; and

21

     (D) The following statement printed in at least ten-point type in a clear and conspicuous

22

manner that provides contrast to the background label: “Made by a Cottage Food Business

23

Registrant that is not Subject to Routine Government Food Safety Inspection,” unless products

24

have been prepared in a commercial kitchen licensed by the department.

25

     (3) Cottage food manufacture shall be limited to the production of baked goods that do not

26

require refrigeration or time/temperature control for safety, including but not limited to:

27

     (i) Double crust pies;

28

     (ii) Yeast breads;

29

     (iii) Biscuits, brownies, cookies, muffins; and

30

     (iv) Cakes that do not require refrigeration or temperature-controlled environment; and

31

     (v) Other baked goods as defined by the department.

32

     (4) Each cottage food manufacturer shall be registered with the department of health and

33

shall require a notarized affidavit of compliance, in any form that the department may require, from

34

the applicant that the requirements of this section have been met and the operation of the kitchen

 

LC004149 - Page 124 of 319

1

shall be in conformity with the requirements of this section. Prior to the initial registration, each

2

cottage food manufacturer is required to successfully complete a Food Safety Instructor Training

3

Course approved by the department pursuant to § 21-27-11.3. A certificate of registration shall be

4

issued by the department upon the payment of a fee as set forth in § 23-1-54 and the submission of

5

an affidavit of compliance. The certificate of registration shall be valid for one year after the date

6

of issuance; provided, however, that the certificate may be revoked by the director at any time for

7

noncompliance with the requirements of the section. The certificate of registration, with a copy of

8

the affidavit of compliance, shall be kept in the kitchen where the cottage food manufacture takes

9

place. The director of health shall have the authority to develop and issue a standard form for the

10

affidavit of compliance to be used by persons applying for a certificate of registration; the form

11

shall impose no requirements or certifications beyond those set forth in this section and § 21-27-

12

1(6). No certificates of registration shall be issued by the department prior to November 1, 2022.

13

     (5) No such operation shall engage in consignment or wholesale sales. The following

14

additional locational sales by any such cottage food operation shall be prohibited: (1) Grocery

15

stores; (2) restaurants; (3) long-term care facilities; (4) group homes; (5) day care facilities; and (6)

16

schools. Advertising and sales by Internet, mail and phone are permissible, provided the cottage

17

food licensee or their designee shall deliver, in person, to the customer within the state.

18

     (6) Total annual gross sales for a cottage food operation shall not exceed twenty-five

19

thousand dollars ($25,000) per calendar year. If annual gross sales exceed the maximum annual

20

gross sales amount allowed, the cottage food registrant shall either obtain food processor license or

21

cease operations. The director of health may request documentation to verify the annual gross sales

22

figure of any cottage food operation.

23

     (7) Sales on all cottage foods are subject to applicable sales tax pursuant to § 44-18-7.

24

     (8) The director of health or designee may inspect a cottage food operation at any time to

25

ensure compliance with the provisions of this section. Nothing in this section shall be construed to

26

prohibit the director of health or designee of the director from investigating the registered area of a

27

cottage food operation in response to a foodborne illness outbreak, consumer complaint or other

28

public health emergency.

29

     SECTION 5. Section 23-1-54 of the Rhode Island General Laws in Chapter 23-1 entitled

30

“Health and Safety” is hereby amended to read as follows:

31

     23-1-54.  Fees payable to the department of health.

32

     Fees payable to the department shall be as follows:

33

PROFESSION RIGL Section Description of Fee FEE 

34

Barbers/hairdressers 5-10-10(a) Renewal application $25.00

 

LC004149 - Page 125 of 319

1

Barbers/hairdressers 5-10-10(a) Renewal application:

2

Manicuring Instructors and manicurists $25.00

3

Barbers/hairdressers 5-10-10(b) Minimum late renewal fee $25.00

4

Barbers/hairdressers 5-10-10(b) Maximum late renewal fee $ 100.00

5

Barbers/hairdressers 5-10-11[c] Application fee $25.00

6

Barbers/hairdressers 5-10-11[c] Application fee: manicuring

7

Instructors and manicurists $25.00

8

Barbers/hairdressers 5-10-13 Demonstrator's permit $90.00

9

Barbers/hairdressers 5-10-15 Shop license: initial $170.00

10

Barbers/hairdressers 5-10-15 Shop license: renewal $170.00

11

Veterinarians 5-25-10 Application fee $40.00

12

Veterinarians 5-25-11 Examination fee $540.00

13

Veterinarians 5-25-12(a) Renewal fee $580.00

14

Veterinarians 5-25-12[c] Late renewal fee $120.00

15

Podiatrists 5-29-7 Application fee $240.00

16

Podiatrists 5-29-11 Renewal fee: minimum $240.00

17

Podiatrists 5-29-11 Renewal fee: maximum $540.00

18

Podiatrists 5-29-13 Limited registration $65.00

19

Podiatrists 5-29-14 Limited registration:

20

Academic faculty $240.00

21

Podiatrists 5-29-14 Application fee:

22

Renewal maximum $440.00

23

Chiropractors 5-30-6 Examination fee: $210.00

24

Chiropractors 5-30-7 Examination exemption fee: $210.00

25

Chiropractors 5-30-8(b) Exam Physiotherapy $210.00

26

Chiropractors 5-30-8(b) Exam chiro and physiotherapy $210.00

27

Chiropractors 5-30-12 Renewal fee $210.00

28

Dentists/dental hygienists 5-31.1-6(d) Dentist: application fee $965.00

29

Dentists/dental hygienists 5-31.1-6(d) Dental hygienist: application fee $65.00

30

Dentists/dental hygienists 5-31.1-6(d) Reexamination: dentist $965.00

31

Dentists/dental hygienists 5-31.1-6(d) Reexamination: hygienist $65.00

32

Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee dentist $90.00

33

Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee hygienist $90.00

34

Dentists/dental hygienists 5-31.1-21(c) Inactive status: dentist $220.00

 

LC004149 - Page 126 of 319

1

Dentists/dental hygienists 5-31.1-21(c) Inactive status: hygienist $40.00

2

Dentists/dental hygienists 5-31.1-22 Limited registration $65.00

3

Dentists/dental hygienists 5-31.1-23[c] Limited reg: Academic faculty $965.00

4

Dentists/dental hygienists 5-31.1-23[c] Limited reg: Academic faculty renewal $500.00

5

Electrolysis 5-32-3 Application fee $25.00

6

Electrolysis 5-32-6(b) Renewal fee $25.00

7

Electrolysis 5-32-7 Reciprocal license fee $25.00

8

Electrolysis 5-32-17 Teaching license $25.00

9

Funeral directors/embalmers 5-33.2-12 Funeral establishment license $120.00

10

Funeral services establishments

11

Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $90.00

12

Funeral services establishments

13

embalmer $30.00

14

Funeral directors/embalmers 5-33.2-12 Funeral branch ofc license $90.00

15

Funeral directors/embalmers 5-33.2-13.1 Crematories: application fee $120.00

16

Funeral services establishments

17

Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director

18

Funeral Svcs establishments

19

establishment $120.00

20

Funeral directors/embalmers 5-33.2-15 Additional branch office

21

Funeral services Establishments

22

licenses $120.00

23

Funeral directors/embalmers 5-33.2-15 Crematory renewal fee

24

Funeral svcs establishments $120.00

25

Funeral directors/embalmers 5-33.2-15 Late renewal fee

26

Funeral svcs establishments

27

(All license types) $25.00

28

Funeral directors/embalmers 5-33.2-16(a) Intern registration fee

29

Funeral Services establishments $25.00

30

Nurses 5-34-12 RN Application fee $135.00

31

Nurses 5-34-16 LPN Application fee $45.00

32

Nurses 5-34-19 Renewal fee: RN $135.00

33

Nurses 5-34-19 Renewal fee: LPN $45.00

34

Nurses 5-34-37 RNP application fee $80.00

 

LC004149 - Page 127 of 319

1

Nurses 5-34-37 RNP renewal fee $80.00

2

Nurses 5-34-37 RNP prescriptive privileges $65.00

3

Nurses 5-34-40.3 Clin nurse spec application $80.00

4

Nurses 5-34-40.3 Clin nurse spec renewal $80.00

5

Nurses 5-34-40.3 Clin nurse spec Rx privilege $65.00

6

Nurse anesthetists 5-34.2-4(a) CRNA application fee $80.00

7

Nurse anesthetists 5-34.2-4(b) CRNA renewal fee $80.00

8

Optometrists 5-35.1-4 Application fee $280.00

9

Optometrists 5-35.1-7 Renewal fee $280.00

10

Optometrists 5-35.1-7 Late fee $90.00

11

Optometrists 5-35.1-7 Reactivation of license fee $65.00

12

Optometrists 5-35.1-19(b) Violations of section $650.00

13

Optometrists 5-35.1-20 Violations of chapter $260.00

14

Opticians 5-35.2-3 Application fee $30.00

15

Physicians 5-37-2 Application fee $1,090.00

16

Physicians 5-37-2 Re-examination fee $1,090.00

17

Physicians 5-37-10(b) Late renewal fee $170.00

18

Physicians 5-37-16 Limited registration fee $65.00

19

Physicians 5-37-16.1 Ltd reg: academic faculty $600.00

20

Physicians 5-37-16.1 Ltd reg: Faculty renewal $170.00

21

Acupuncture 5-37.2-10 Application fee $310.00

22

Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00

23

Licensure fee $170.00

24

Social workers 5-39.1-9 Application fee $70.00

25

Social workers 5-39.1-9 Renewal fee $70.00

26

Physical therapists 5-40-8 Application fee $155.00

27

Physical therapists 5-40-8.1 Application: physical therapy assistants $50.00

28

Physical therapists 5-40-10(a) Renewal fee: Physical therapists $155.00

29

Physical therapists 5-40-10(a) Renewal fee: Physical therapy assistants $50.00

30

Physical therapists 5-40-10[c] Late renewals $50.00

31

Occupational therapists 5-40.1-12(2) Renewal fee $140.00

32

Occupational therapists 5-40.1-12(5) Late renewal fee $50.00

33

Occupational therapists 5-40.1-12(b) Reactivation fee $140.00

34

Occupational therapists 5-40.1-13 Application fee $140.00

 

LC004149 - Page 128 of 319

1

Psychologists 5-44-12 Application fee $230.00

2

Psychologists 5-44-13 Temporary permit $120.00

3

Psychologists 5-44-15[c] Renewal fee $230.00

4

Psychologists 5-44-15(e) Late renewal fee $50.00

5

Nursing home administrators 5-45-10 Renewal fee $160.00

6

Speech pathologist/audiologists 5-48-1(14) Speech lang support personnel:

7

late filing $90.00

8

Speech pathologist/audiologists 5-48-9(a) Application fee: Audiologist $65.00

9

Speech pathologist/audiologists 5-48-9(a) Application fee: Speech Pathologist $145.00

10

Speech pathologist/audiologists 5-48-9(a) Renewal fee: Audiologist $65.00

11

Speech pathologist/audiologists 5-48-9(a) Renewal fee: Speech Pathologist $145.00

12

Speech pathologist/audiologists 5-48-9(a) Provisional license: renewal fee $65.00

13

Speech pathologist/audiologists 5-48-9(b) Late renewal fee $50.00

14

Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

15

Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

16

speech pathologists $145.00

17

personnel: late filing $65.00

18

Hearing aid dealers/fitters 5-49-6(a) License endorsement Examination fee $25.00

19

Hearing aid dealersfitters 5-49-6(b) Temporary permit fee $25.00

20

Hearing aid dealers/fitters 5-49-6(d) Temporary permit renewal fee $35.00

21

Hearing aid dealers/fitters 5-49-11(a)(1) License fee $25.00

22

Hearing aid dealers/fitters 5-49-11(b) License renewal fee $25.00

23

Hearing aid dealers/fitters 5-49-11[c] License renewal late fee $25.00

24

Physician assistants 5-54-9(4) Application fee $110.00

25

Physician assistants 5-54-11(b) Renewal fee $110.00

26

Orthotics/prosthetic practice 5-59.1-5 Application fee $120.00

27

Orthotics/prosthetic practice 5-59.1-12 Renewal fee $120.00

28

Athletic trainers 5-60-11 Application fee $60.00

29

Athletic trainers 5-60-11 Renewal fee $60.00

30

Athletic trainers 5-60-11 Late renewal fee $25.00

31

Mental health counselors

32

Marriage and family therapists 5-63.2-16 Application fee: Marriage

33

Family therapist $130.00

34

Mental health counselors

 

LC004149 - Page 129 of 319

1

Marriage and family therapists 5-63.2-16 Application fee: Mental

2

health counselors $70.00

3

Mental health counselors

4

Marriage and family therapists 5-63.2-16 Reexamination fee:

5

Marriage/family therapist $130.00

6

Mental health counselors

7

Marriage and family therapists 5-63.2-16 Reexamination fee:

8

Mental health counselors $70.00

9

Mental health counselors

10

Marriage and family therapists 5-63.2-17(a) Renewal fee: Marriage

11

Family therapist $130.00

12

Mental health counselors

13

Marriage and family therapists 5-63.2-17(a) Renewal fee: Mental

14

health counselors $50.00

15

Mental health counselors

16

Marriage and family therapists 5-63.2-17(b) Late Renewal fee:

17

Marriage Family therapist $90.00

18

Dieticians/nutritionists 5-64-6(b) Application fee $75.00

19

Dieticians/nutritionists 5-64-7 Graduate status:

20

Application fee: $75.00

21

Dieticians/nutritionists 5-64-8 Renewal fee $75.00

22

Dieticians/nutritionists 5-64-8 Reinstatement fee $75.00

23

Radiologic technologists 5-68.1-10 Application fee maximum $190.00

24

Licensed chemical

25

dependency professionals 5-69-9 Application fee $75.00

26

Licensed chemical

27

dependency professionals 5-69-9 Renewal fee $75.00

28

Licensed chemical 5-69-9 Application fee $75.00

29

Licensed chemical

30

dependency professionals 5-69-9 Application fee $75.00

31

Licensed chemical

32

dependency professionals 5-69-9 Renewal fee $75.00

33

Deaf interpreters 5-71-8(a)(3) License fee maximum $25.00

34

Deaf interpreters 5-71-8(a)(3) License renewal fee $25.00

 

LC004149 - Page 130 of 319

1

Milk producers 21-2-7(g)(1) In-state milk processor $160.00

2

Milk producers 21-2-7(g)(2) Out-of-state milk processor $160.00

3

Milk producers 21-2-7(g)(3) Milk distributors $160.00

4

Frozen desserts 21-9-3(1) In-state wholesale $550.00

5

Frozen desserts 21-9-3(2) Out-of-state wholesale $160.00

6

Frozen desserts 21-9-3(3) Retail frozen dess processors $160.00

7

Meats 21-11-4 Wholesale $160.00

8

Meats 21-11-4 Retail $40.00

9

Shellfish packing houses 21-14-2 License fee: Shipper/reshipper $320.00

10

Shellfish packinghouses 21-14-2 License fee:Shucker packer/repacker $390.00

11

Non-alcoholic bottled

12

beverages, drinks & juices 21-23-2 Bottler permit $550.00

13

Non-alcoholic bottled

14

beverages, drinks & juices 21-23-2 Bottle apple cider fee $60.00

15

Farm home food manufacturers 21-27-6.1(4) Registration fee $65.00

16

Cottage Food Manufacturers 21-27-6.2(4) Registration fee $65.00

17

Food businesses 21-27-10(e)(1) Food processors wholesale $300.00

18

Food businesses 21-27-10(e)(2) Food processors retail $120.00

19

Food businesses 21-27-10(e)(3) Food service establishments

20

50 seats or less $160.00

21

Food businesses 21-27-10(e)(3) Food service establishments

22

more than 50 seats $240.00

23

Food businesses 21-27-10(e)(3) Mobile food service units $100.00

24

Food businesses 21-27-10(e)(3) Industrial caterer or food vending

25

Machine commissary $280.00

26

Food businesses 21-27-10(e)(3) Cultural heritage educational Faculty $80.00

27

Food businesses 21-27-10(e)(4) Vending Machine

28

Location 3 units or less $50.00

29

Food businesses 21-27-10(e)(4) Vending Machine

30

Location 4-10 units $100.00

31

Food businesses 21-27-10(e)(4) Vending Machine

32

Location = 11 units $120.00

33

Food businesses 21-27-10(e)(5) Retail Mkt 1-2 cash registers $120.00

34

Food businesses 21-27-10(e)(5) Retail Market 3-5 cash registers $240.00

 

LC004149 - Page 131 of 319

1

Food businesses 21-27-10(e)(5) Retail Market =6 cash registers $510.00

2

Food businesses 21-27-10(e)(6) Retail food peddler $100.00

3

Food businesses 21-27-10(e)(7) Food warehouses $190.00

4

Food businesses 21-27-11.2 Certified food safety mgr $50.00

5

License verification fee 23-1-16.1 All license types $50.00

6

Tattoo and body piercing 23-1-39 Annual registration fee:Person $90.00

7

Tattoo and bodypiercing 23-1-39 Annual registration fee:Establishment $90.00

8

Vital records 23-3-25(a)(1) Certificate of birth, fetal death, death,

9

marriage, birth, or certification that

10

such record cannot be found $20.00

11

Vital records 23-3-25(a)(1) Each duplicate of certificate of birth,

12

fetal death, death, marriage, birth, or

13

certification that such record cannot

14

be found $15.00

15

Vital records 23-3-25(a)(2) Each additional calendar year

16

Search, if within 3 months of original

17

search and if receipt of original search

18

presented $2.00

19

Vital records 23-3-25(a)(3) Expedited service $7.00

20

Vital records 23-3-25(a)(4) Adoptions, legitimations,

21

or Paternity determinations $15.00

22

Vital records 23-3-25(a)(5) Authorized corrections,

23

Alterations, and additions $10.00

24

Vital records 23-3-25(a)(6) Filing of delayed record and

25

Examination of documentary Proof $20.00

26

Vital records 23-3-25(a)(6) Issuance of certified copy of a

27

delayed record $20.00

28

Medical Examiner 23-4-13 Autopsy reports $40.00

29

Medical Examiner 23-4-13 Cremation certificates

30

and statistics $30.00

31

Medical Examiner 23-4-13 Testimony in civil suits:

32

Minimum/day $650.00

33

Medical Examiner 23-4-13 Testimony in civil suits:

34

Maximum/day $3,250.00

 

LC004149 - Page 132 of 319

1

Emergency medical technicians 23-4.1-10[c] Annual fee: ambulance

2

service maximum $540.00

3

Emergency medical technicians 23-4.1-10[c] Annual fee: vehicle

4

license maximum $275.00

5

Emergency medical technicians 23-4.1-10[c] Triennial fee: EMT

6

license maximum $120.00

7

Emergency medical technicians 23-4.1-10(c)(2) Exam fee maximum:

8

EMT $120.00

9

Emergency medical technicians 23-4.1-10(c)(2) Vehicle inspection Maximum $190.00

10

Clinical laboratories 23-16.2-4(a) Clinical laboratory

11

license per specialty $650.00

12

Clinical laboratories 23-16.2-4(a) Laboratory station

13

license $650.00

14

Clinical laboratories 23-16.2-4(b) Permit fee $70.00

15

Health care facilities 23-17-38 Hospital: base fee annual $16,900.00

16

Health care facilities 23-17-38 Hospital: annual per bed fee $120.00

17

Health care facilities 23-17-38 ESRD: annual fee $3,900.00

18

Health care facilities 23-17-38 Home nursing-care/

19

home- care providers $650.00

20

Health care facilities 23-17-38 OACF: annual fee $650.00

21

Assisted living residences/

22

administrators 23-17.4-15.2(d) License application fee: $220.00

23

Assisted living residences/

24

administrators 23-17.4-15.2(d) License renewal fee: $220.00

25

Assisted living

26

residences 23-17.4-31 Annual facility fee:base $330.00

27

Assisted living

28

residences 23-17.4-31 Annual facility per bed $70.00

29

Nursing assistant

30

registration 23-17.9-3 Application: competency

31

evaluation training program maximum $325.00

32

Nursing assistant

33

registration 23-17.9-5 Application fee $35.00

34

Nursing assistant

 

LC004149 - Page 133 of 319

1

registration 23-17.9-5 Exam fee: skills proficiency $170.00

2

Nursing assistant

3

registration 23-17.9-6 Registration fee $35.00

4

Nursing assistant

5

registration 23-17.9-7 Renewal fee $35.00

6

Sanitarians 23-19.3-5(a) Registration fee $25.00

7

Sanitarians 23-19.3-5(b) Registration renewal $25.00

8

Massage therapy 23-20.8-3(e) Massage therapist appl fee $65.00

9

Massage therapy 23-20.8-3(e) Massage therapist renewal fee $65.00

10

Recreational facilities 23-21-2 Application fee $160.00

11

Swimming pools 23-22-6 Application license: first pool $250.00

12

Swimming pools 23-22-6 Additional pool fee at same location $75.00

13

Swimming pools 23-22-6 Seasonal application license: first pool $150.00

14

Swimming pools 23-22-6 Seasonal additional

15

pool fee at same location $75.00

16

Swimming pools 23-22-6 Year-round license for non-profit $25.00

17

Swimming pools 23-22-10 Duplicate license $2.00

18

Swimming pools 23-22-12 Penalty for violations $50.00

19

Respiratory care practitioners 23-39-11 Application fee $60.00

20

Respiratory care practitioners 23-39-11 Renewal fee $60.00

21

     SECTION 6. Sections 42-64.33-2, 42-64.33-3, 42-64.33-4, 42-64.33-5, 42-64.33-9, and

22

42-64.33-10 of the General Laws in Chapter 42-64.33 entitled “The Rhode Island Small Business

23

Development Fund” are hereby amended to read as follows:

24

     42-64.33-2. Definitions.

25

     (a) As used in this chapter:

26

     (1) "Affiliate" means an entity that directly, or indirectly, through one or more

27

intermediaries, controls, or is controlled by, or is under common control with another entity. For

28

the purposes of this chapter, an entity is "controlled by" another entity if the controlling entity holds,

29

directly or indirectly, the majority voting or ownership interest in the controlled entity or has control

30

over the day-to-day operations of the controlled entity by contract or by law.

31

     (2) "Applicable percentage" means zero percent (0%) for the first three (3) credit allowance

32

dates, and up to twenty-one and one-half percent (21.5%) for the fourth, fifth, and sixth credit

33

allowance dates.

 

LC004149 - Page 134 of 319

1

     (3) "Capital investment" means any equity or debt investment in a small business

2

development fund by a small business fund investor that:

3

     (i) Is acquired after July 5, 2019, at its original issuance solely in exchange for cash;

4

     (ii) Has one hundred percent (100%) of its cash purchase price used by the small business

5

development fund to make qualified investments in eligible businesses located in this state within

6

three (3) years of the initial credit allowance date; and

7

     (iii) Is designated by the small business development fund as a capital investment under

8

this chapter and is certified by the corporation pursuant to § 42-64.33-4. This term shall include

9

any capital investment that does not meet the provisions of § 42-64.33-4(a) if the investment was

10

a capital investment in the hands of a prior holder.

11

     (4) "Corporation" means the Rhode Island commerce corporation.

12

     (5) "Credit allowance date" means the date on which a capital investment is made and each

13

of the five (5) anniversary dates of the date thereafter.

14

     (6) "Eligible business" means a business that, at the time of the initial qualified investment

15

in the company:

16

     (i) Has less than two hundred fifty (250) employees;

17

     (ii) Has not more than fifteen million dollars ($15,000,000) in net income from the

18

preceding tax year;

19

     (iii) Has its principal business operations in this state; and

20

     (iv) Is engaged in industries related to clean energy, biomedical innovation, life sciences,

21

information technology, software, cyber physical systems, cybersecurity, data analytics, defense,

22

shipbuilding, maritime, composites, advanced business services, design, food, manufacturing,

23

transportation, distribution, logistics, arts, education, hospitality, tourism, or, if not engaged in the

24

industries, the corporation makes a determination that the investment will be beneficial to the

25

economic growth of the state.

26

     (7) "Eligible distribution" means, as approved by the corporation in relation to an

27

application:

28

     (i) A distribution of cash to one or more equity owners of a small business fund investor to

29

fully or partially offset a projected increase in the owner's federal or state tax liability, including

30

any penalties and interest, related to the owner's ownership, management, or operation of the small

31

business fund investor;

32

     (ii) A distribution of cash as payment of interest and principal on the debt of the small

33

business fund investor or small business development fund; or

 

LC004149 - Page 135 of 319

1

     (iii) A distribution of cash related to the reasonable costs and expenses of forming,

2

syndicating, managing, and operating the small business fund investor or the small business

3

development fund, or a return of equity or debt to affiliates of a small business fund investor or

4

small business development fund. The distributions may include reasonable and necessary fees paid

5

for professional services, including legal and accounting services, related to the formation and

6

operation of the small business development fund.

7

     (8) "Jobs created" means a newly created position of employment that was not previously

8

located in the state at the time of the qualified investment in the eligible business and requiring a

9

minimum of thirty five (35) hours worked each week, measured each year by subtracting the

10

number of full-time, thirty-five hours-per-week (35) employment positions at the time of the initial

11

qualified investment in the eligible business from the monthly average of full-time, thirty-five

12

hours-per-week (35) employment positions for the applicable year. The number shall not be less

13

than zero.

14

     (9) "Jobs retained" means a position requiring a minimum of thirty-five (35) hours worked

15

each week that existed prior to the initial qualified investment. Retained jobs shall be counted each

16

year based on the monthly average of full-time, thirty-five hours-per-week (35) employment

17

positions for the applicable year. The number shall not exceed the initial amount of retained jobs

18

reported and shall be reduced each year if employment at the eligible business concern drops below

19

that number.

20

     (10) "Minority business enterprise" means an eligible business which is certified by the

21

Rhode Island office of diversity, equity and opportunity as being a minority or women business

22

enterprise.

23

     (11) "Principal business operations" means the location where at least sixty percent (60%)

24

of a business's employees work or where employees who are paid at least sixty percent (60%)

25

percent of the business's payroll work. A business that has agreed to relocate employees using the

26

proceeds of a qualified investment to establish its principal business operations in a new location

27

shall be deemed to have its principal business operations in the new location if it satisfies these

28

requirements no later than one hundred eighty (180) days after receiving a qualified investment.

29

     (12) "Purchase price" means the amount paid to the small business development fund that

30

issues a capital investment that shall not exceed the amount of capital investment authority certified

31

pursuant to § 42-64.33-4.

32

     (13) "Qualified investment" means any investment in an eligible business or any loan to an

33

eligible business with a stated maturity date of at least one year after the date of issuance, excluding

34

revolving lines of credit and senior secured debt unless the eligible business has a credit refusal

 

LC004149 - Page 136 of 319

1

letter or similar correspondence from a depository institution or a referral letter or similar

2

correspondence from a depository institution referring the business to a small business development

3

fund; provided that, with respect to any one eligible business, the maximum amount of investments

4

made in the business by one or more small business development funds, on a collective basis with

5

all of the businesses' affiliates, with the proceeds of capital investments shall be twenty percent

6

(20%) of the small business development fund's capital investment authority, exclusive of

7

investments made with repaid or redeemed investments or interest or profits realized thereon. An

8

eligible business, on a collective basis with all of the businesses' affiliates, is prohibited from

9

receiving more than four million dollars ($4,000,000) in investments from one or more small

10

business development funds with the proceeds of capital investments.

11

     (14) "Small business development fund" means an entity certified by the corporation under

12

§ 42-64.33-4.

13

     (15) "Small business fund investor" means an entity that makes a capital investment in a

14

small business development fund.

15

     (16) "State" means the state of Rhode Island.

16

     (17) "State tax liability" means any liability incurred by any entity under § 44-17-1 et seq.

17

chapters 11, 13, 14, 17 and 30, of title 44.

18

     42-64.33-3. Tax credit established.

19

     (a) Upon making a capital investment in a small business development fund, a small

20

business fund investor earns a vested right to a credit against the entity's state tax liability that may

21

be utilized on each credit allowance date of the capital investment in an amount equal to the

22

applicable percentage for the credit allowance date multiplied by the purchase price paid to the

23

small business development fund for the capital investment. The amount of the credit claimed by

24

any entity shall not exceed reduce the amount of the entity's state tax liability for the tax year for

25

which the credit is claimed beyond the entity’s state minimum tax. Any amount of credit that an

26

entity is prohibited from claiming in a taxable year as a result of this section may be carried forward

27

for a period of seven (7) years. It is the intent of this chapter that an entity claiming a credit under

28

this section is not required to pay any additional tax that may arise as a result of claiming the credit.

29

     (b) No credit claimed under this section shall be refundable or saleable on the open market.

30

Credits earned by or allocated to a partnership, limited liability company, or S corporation may be

31

allocated to the partners, members, or shareholders of the entity for their direct use for state tax

32

liability as defined in this chapter in accordance with the provisions of any agreement among the

33

partners, members, or shareholders, and a small business development fund must notify the

34

corporation of the names of the entities that are eligible to utilize credits pursuant to an allocation

 

LC004149 - Page 137 of 319

1

of credits or a change in allocation of credits or due to a transfer of a capital investment upon the

2

allocation, change, or transfer. The allocation shall be not considered a sale for purposes of this

3

section. Credits may be assigned, transferred, conveyed or sold by an owner or holder of such

4

credits.

5

     (c) The corporation shall provide copies of issued certificates to the division of taxation.;

6

such certificates shall include information deemed necessary by the division of taxation for tax

7

administration.

8

     42-64.33-4. Application, approval and allocations.

9

     (a) The corporation shall publicly solicit applicants and approve applications through a

10

selection process. A small business development fund that seeks to have an equity or debt

11

investment certified as a capital investment and eligible for credits under this chapter shall apply to

12

the corporation The corporation shall begin accepting applications within ninety (90) days of July

13

5, 2019. in response to a public solicitation. The small business development fund application shall

14

include the following:

15

     (1) The amount of capital investment requested;

16

     (2)(A) A copy of the applicant's or an affiliate of the applicant's license as a rural business

17

investment company under 7 U.S.C. § 2009cc, or as a small business investment company under

18

15 U.S.C. § 681, and a certificate executed by an executive officer of the applicant attesting that

19

the license remains in effect and has not been revoked; or (B) evidence satisfactory to the

20

corporation that the applicant is a mission-oriented community financial institution such as a

21

community development financial institution, minority depository institution, certified

22

development company, microloan intermediary, or an organization with demonstrated experience

23

of making capital investments in small businesses.

24

     (3) Evidence that, as of the date the application is submitted, the applicant or affiliates of

25

the applicant have invested at least one hundred million dollars ($100,000,000) in nonpublic

26

companies;

27

(4) An estimate of the number of jobs that will be created or retained in this state as a result of the

28

applicant's qualified investments;

29

     (45) A business plan that includes a strategy for reaching out to and investing in minority

30

business enterprises and a revenue impact assessment projecting state and local tax revenue to be

31

generated by the applicant's proposed qualified investment prepared by a nationally recognized,

32

third-party, independent economic forecasting firm using a dynamic economic forecasting model

33

that analyzes the applicant's business plan over the ten (10) years following the date the application

34

is submitted to the corporation; and

 

LC004149 - Page 138 of 319

1

     (65) A nonrefundable application fee of five thousand dollars ($5,000), which fee shall be

2

set by regulation; and

3

     (6) Such other criteria as the corporation deems appropriate.

4

     (b) Within thirty (30) days after receipt of a completed application, the corporation shall

5

grant or deny the application in full or in part. After the close of a public solicitation period, the

6

corporation shall make a determination based upon the criteria set forth in the application or any

7

supplementary materials or information requested by the corporation as to which of the qualified

8

applicants, if any, shall receive an award of tax credits. The corporation shall deny the application

9

if:

10

     (1) The applicant does not satisfy all of the criteria described in subsection (a) of this

11

section;

12

     (2) The revenue impact assessment submitted with the application does not demonstrate

13

that the applicant's business plan will result in a positive economic impact on this state over a ten-

14

year (10) period that exceeds the cumulative amount of tax credits that would be issued to the

15

applicant if the application were approved; or

16

     (3) The corporation has already approved the maximum amount of capital investment

17

authority under subsection (ge) of this section.

18

     (c) If the corporation denies any part of the application, it shall inform the applicant of the

19

grounds for the denial. If the applicant provides any additional information required by the

20

corporation or otherwise completes its application within fifteen (15) days of the notice of denial,

21

the application shall be considered completed as of the original date of submission. If the applicant

22

fails to provide the information or fails to complete its application within the fifteen-day (15)

23

period, the application remains denied and must be resubmitted in full with a new submission date.

24

     (d) If the application is deemed to be complete and the applicant deemed to meet all of the

25

requirements of subsections (a) and (b) approved, the corporation shall certify the proposed equity

26

or debt investment as a capital investment that is eligible for credits under this chapter, subject to

27

the limitations contained in subsection (ge) of this section. The corporation shall provide written

28

notice of the certification to the small business development fund.

29

     (e) The corporation shall certify capital investments in the order that the applications were

30

received by the corporation. Applications received on the same day shall be deemed to have been

31

received simultaneously.

32

(f) For applications that are complete and received on the same day, the corporation shall certify

33

applications in proportionate percentages based upon the ratio of the amount of capital investments

34

requested in an application to the total amount of capital investments requested in all applications.

 

LC004149 - Page 139 of 319

1

(g) The corporation shall certify no more than sixty-five million dollars ($65,000,000) in capital

2

investments pursuant to this section; provided that not more than twenty million dollars

3

($20,000,000) may be allocated to any individual small business development fund certified under

4

this section.

5

     (hf) Within sixty (60) days of the applicant receiving notice of certification, the small

6

business development fund shall issue the capital investment to and receive cash in the amount of

7

the certified amount from a small business fund investor. At least forty-five percent (45%) of the

8

small business fund investor's capital investment shall be composed of capital raised by the small

9

business fund investor from sources, including directors, members, employees, officers, and

10

affiliates of the small business fund investor, other than the amount of capital invested by the

11

allocatee claiming the tax credits in exchange for the allocation of tax credits; provided that at least

12

ten percent (10%) of the capital investment shall be derived from the small business investment

13

fund's managers. The small business development fund shall provide the corporation with evidence

14

of the receipt of the cash investment within sixty-five (65) days of the applicant receiving notice of

15

certification. If the small business development fund does not receive the cash investment and issue

16

the capital investment within the time period following receipt of the certification notice, the

17

certification shall lapse and the small business development fund shall not issue the capital

18

investment without reapplying to the corporation for certification. Lapsed certifications revert to

19

the authority and shall be reissued pro rata to applicants whose capital investment allocations were

20

reduced pursuant to this chapter and then in accordance with the application process.

21

     42-64.33-5. Tax credit recapture and exit.

22

     (a) The corporation, working in coordination with the division of taxation, may recapture,

23

from any the entity claims a credit on a tax return that receives a tax credit certificate as a result of

24

certification or the partners, members, or shareholders of the entity to whom a tax credit is allocated,

25

the credit allowed under this chapter if:

26

     (1) The small business development fund does not invest one hundred (100%) percent of

27

its capital investment authority in qualified investments in this state within three (3) years of the

28

first credit allowance date;

29

     (2) The small business development fund, after satisfying subsection (a)(1) of this section,

30

fails to maintain qualified investments equal to one hundred (100%) percent of its capital

31

investment authority until the sixth anniversary of the initial credit allowance date. For the purposes

32

of this subsection, a qualified investment is considered maintained even if the qualified investment

33

was sold or repaid so long as the small business development fund reinvests an amount equal to the

34

capital returned or recovered by the small business development fund from the original investment,

 

LC004149 - Page 140 of 319

1

exclusive of any profits realized, in other qualified investments in this state within twelve (12)

2

months of the receipt of the capital. Amounts received periodically by a small business

3

development fund shall be treated as continually invested in qualified investments if the amounts

4

are reinvested in one or more qualified investments by the end of the following calendar year. A

5

small business development fund shall not be required to reinvest capital returned from qualified

6

investments after the fifth anniversary of the initial credit allowance date, and the qualified

7

investments shall be considered held continuously by the small business development fund through

8

the sixth anniversary of the initial credit allowance date;

9

     (3) The small business development fund, before exiting the program in accordance with

10

subsection (ef) of this section, makes a distribution or payment that results in the small business

11

development fund having less than one hundred percent (100%) of its capital investment authority

12

invested in qualified investments in this state or available for investment in qualified investments

13

and held in cash and other marketable securities;

14

     (4) The small business development fund, before exiting the program in accordance with

15

subsection (ef) of this section, fails to make qualified investments in minority business enterprises

16

that when added together equal at least ten percent (10%) of the small business development fund's

17

capital investment authority; or

18

     (5) The small business development fund violates subsection (de) of this section.

19

     (b) Recaptured credits and the related capital investment authority revert to the corporation

20

and shall be reissued pro rata to applicants whose capital investment allocations were reduced

21

pursuant to § 42-64.33-4(f) and then in accordance with the application process.

22

     (c) Enforcement of each of the recapture provisions of subsection (a) of this section shall

23

be subject to a six-month (6) cure period. No recapture shall occur until the small business

24

development fund has been given notice of noncompliance and afforded six (6) months from the

25

date of the notice to cure the noncompliance.

26

     (d) In the event that tax credits, or a portion of tax credits, have been transferred or assigned

27

in an arms-length transaction, for value, and without notice of violation, fraud, or

28

misrepresentation, the corporation will pursue its recapture rights and remedies against the

29

applicant for the tax credits and/or the recipient of the certification who shall be liable to repay to

30

the corporation the face value of all tax credits assigned or transferred and all fees paid by the

31

applicant shall be deemed forfeited. No redress shall be sought against assignees or transferees of

32

such tax credits provided the tax credits were acquired by way of an arms-length transaction, for

33

value, and without notice of violation, fraud, or misrepresentation.

 

LC004149 - Page 141 of 319

1

     (e) No eligible business that receives a qualified investment under this chapter, or any

2

affiliates of the eligible business, may directly or indirectly:

3

     (1) Own or have the right to acquire an ownership interest in a small business development

4

fund or member or affiliate of a small business development fund, including, but not limited to, a

5

holder of a capital investment issued by the small business development fund; or

6

     (2) Loan to or invest in a small business development fund or member or affiliate of a small

7

business development fund, including, but not limited to, a holder of a capital investment issued by

8

a small business development fund, where the proceeds of the loan or investment are directly or

9

indirectly used to fund or refinance the purchase of a capital investment under this chapter.

10

     (ef) On or after the sixth anniversary of the initial credit allowance date, a small business

11

development fund may apply to the corporation to exit the program and no longer be subject to

12

regulation under this chapter. The corporation shall respond to the exit application within thirty

13

(30) days of receipt. In evaluating the exit application, the fact that no credits have been recaptured

14

and that the small business development fund has not received a notice of recapture that has not

15

been cured pursuant to subsection (c) of this section shall be sufficient evidence to prove that the

16

small business development fund is eligible for exit. The corporation shall not unreasonably deny

17

an exit application submitted under this subsection. If the exit application is denied, the notice shall

18

include the reasons for the determination.

19

     (fg) If the number of jobs created or retained by the eligible businesses that received

20

qualified investments from the small business development fund, calculated pursuant to reports

21

filed by the small business development fund pursuant to § 42-64.33-7, is:

22

(1) Less than sixty percent (60%) of the amount projected in the approved small business

23

development fund's business plan filed as part of its application for certification under § 42-64.33-

24

4, then the state shall receive thirty percent (30%) of any distribution or payment to an equity or

25

debt holder in an approved small business development fund made after its exit from the program

26

in excess of eligible distributions; or

27

(2) Greater than sixty percent (60%) but less than one hundred percent (100%) of the amount

28

projected in the approved small business development fund's business plan filed as part of its

29

application for certification under § 42-64.33-4, then the state shall receive fifteen percent (15%)

30

of any distribution or payment to an equity or debt holder in an approved small business

31

development fund made after its exit from the program in excess of eligible distributions.

32

     (gh) At the time a small business development fund applies to the corporation to exit the

33

program, it shall calculate the aggregate internal rate of return of its qualified investments. If the

34

small business development fund's aggregate internal rate of return on its qualified investments at

 

LC004149 - Page 142 of 319

1

exit exceeds ten percent (10%), then, after eligible distributions, the state shall receive ten percent

2

(10%) of any distribution or payment in excess of the aggregate ten percent (10%) internal rate of

3

return to an equity or debtholder in an approved small business development fund.

4

     (hi) The corporation shall not revoke a tax credit certificate after the small business

5

development fund's exit from the program.

6

     42-64.33-9. Rules and regulations.

7

The corporation and division of taxation may issue reasonable rules and regulations, consistent

8

with this chapter, as are necessary to carry out the intent and purpose and implementation of the

9

responsibilities under this chapter.

10

     The corporation in consultation with the division of taxation shall promulgate and adopt

11

rules and regulations pursuant to § 42-35-3 of the general laws, as are necessary to implement this

12

chapter, including, but not limited to: the determination of additional limits; the promulgation of

13

procedures and forms necessary to apply for a tax credit, including the enumeration of the

14

certification procedures; the promulgation of procedures and forms relating to the issuance of tax

15

credit certificates and assignment of credits; and provisions for tax credit applicants to be charged

16

ongoing service fees, to cover the administrative costs related to the tax credit. Further, the division

17

of taxation, in consultation with the corporation, may issue rules and regulations for filing,

18

claiming, and applying the credit in the method and manner to be prescribed by the tax

19

administrator. 

20

     42-64.33-10. Program integrity.

21

     Program integrity being of paramount importance, the corporation shall establish

22

procedures to ensure ongoing compliance with the terms and conditions of the program established

23

herein, including procedures to safeguard the expenditure of public funds and to ensure that the

24

funds further the objectives of the program.

25

     SECTION 7. Section 44-1-7 of the General Laws in Chapter 44-1 entitled "State Tax

26

Officials" is hereby amended to read as follows:

27

     44-1-7. Interest on delinquent payments.

28

     (a) Whenever the full amount of any state tax or any portion or deficiency, as finally

29

determined by the tax administrator, has not been paid on the date when it is due and payable,

30

whether the time has been extended or not, there shall be added as part of the tax or portion or

31

deficiency interest at the rate as determined in accordance with subsection (b) of this section,

32

notwithstanding any general or specific statute to the contrary.

33

     (b) Each January 1 the tax administrator shall compute the rate of interest to be in effect

34

for that calendar year by adding two percent (2%) to the prime rate, which was in effect on October

 

LC004149 - Page 143 of 319

1

1 of the preceding year, except:

2

     (1) Before January 1, 2023, iIn no event shall the rate of interest exceed twenty-one percent

3

(21%) per annum nor be less than eighteen percent (18%) per annum;.

4

     (2) On and after January 1, 2023, in no event shall the rate of interest exceed twenty-one

5

percent (21%) per annum nor be less than twelve percent (12%) per annum except:

6

     (A) for trust fund taxes as established by §§ 44-19-35 and 44-30-76, in no event shall the

7

rate of interest exceed twenty-one percent (21%) per annum nor be less than eighteen percent (18%)

8

per annum.

9

     (c) "Prime rate" as used in subsection (b) of this section means the predominant prime rate

10

quoted by commercial banks to large businesses as determined by the board of governors of the

11

Federal Reserve System.

12

     (d) Notwithstanding any provisions of the general laws to the contrary, the tax

13

administrator shall waive interest and penalty on the taxable portion of each Paycheck Protection

14

Program loan taxed pursuant to §§ 44-11-11(a)(1)(iv), 44-14-11, and 44-30-12(b)(8) and forgiven

15

during tax year 2020 provided that the tax on that portion is paid in full on or before March 31,

16

2022. The tax administrator shall make available suitable forms with instructions for making tax

17

payments on the taxable portion of such forgiven Paycheck Protection Program loans.

18

     SECTION 8. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby

19

amended by adding thereto the following section:

20

     44-1-41. Taxpayer Steward.

21

     (a) There is hereby created within the division of taxation of the department of revenue, a

22

taxpayer steward to:

23

     (1) Coordinate the resolution of taxpayer complaints and problems, if so requested by a

24

taxpayer or the taxpayer’s duly authorized representative;

25

     (2) Provide recommendations to the division of taxation for informational publications and

26

recommended taxpayer and division education programs needed to reduce or eliminate errors or

27

improve voluntary taxpayer compliance;

28

     (3) Provide recommendations to the division of taxation for simplification or other

29

improvements needed in tax laws, regulations, forms, systems, and procedures to promote better

30

understanding and voluntary compliance by taxpayers.

31

     (b) By October 1, 2023, and each year thereafter, the taxpayer steward shall prepare and

32

submit a report to the tax administrator and the director of the department of revenue summarizing

33

the activities of the steward during the immediately preceding fiscal year, describing any

34

recommendations made pursuant to subsections (2) and (3) of this section, including the progress

 

LC004149 - Page 144 of 319

1

in implementing such recommendations, and providing such other information as the division

2

deems appropriate relating to the rights of taxpayers of this state.

3

     SECTION 9. Section 44-3-3 of the General Laws in Chapter 44-3 entitled “Property

4

Subject to Taxation” is hereby amended to read as follows:

5

     44-3-3. Property exempt. [Effective January 1, 2022.]

6

     (a) The following property is exempt from taxation:

7

     (1) Property belonging to the state, except as provided in § 44-4-4.1;

8

     (2) Lands ceded or belonging to the United States;

9

     (3) Bonds and other securities issued and exempted from taxation by the government of

10

the United States or of this state;

11

     (4) Real estate, used exclusively for military purposes, owned by chartered or incorporated

12

organizations approved by the adjutant general and composed of members of the national guard,

13

the naval militia, or the independent, chartered-military organizations;

14

     (5) Buildings for free public schools, buildings for religious worship, and the land upon

15

which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so

16

far as the buildings and land are occupied and used exclusively for religious or educational

17

purposes;

18

     (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or

19

the minimum lot size for zone in which the dwelling house is located, whichever is the greater,

20

owned by, or held in trust for, any religious organization and actually used by its officiating clergy;

21

provided, further, that in the town of Charlestown, where the property previously described in this

22

paragraph is exempt in total, along with dwelling houses and the land on which they stand in

23

Charlestown, not exceeding one acre in size, or the minimum lot size for zone in which the dwelling

24

house is located, whichever is the greater, owned by, or held in trust for, any religious organization

25

and actually used by its officiating clergy, or used as a convent, nunnery, or retreat center by its

26

religious order;

27

     (7) Intangible personal property owned by, or held in trust for, any religious or charitable

28

organization, if the principal or income is used or appropriated for religious or charitable purposes;

29

     (8) Buildings and personal estate owned by any corporation used for a school, academy, or

30

seminary of learning, and of any incorporated public charitable institution, and the land upon which

31

the buildings stand and immediately surrounding them to an extent not exceeding one acre, so far

32

as they are used exclusively for educational purposes, but no property or estate whatever is hereafter

33

exempt from taxation in any case where any part of its income or profits, or of the business carried

34

on there, is divided among its owners or stockholders; provided, however, that unless any private

 

LC004149 - Page 145 of 319

1

nonprofit corporation organized as a college or university located in the town of Smithfield reaches

2

a memorandum of agreement with the town of Smithfield, the town of Smithfield shall bill the

3

actual costs for police, fire, and rescue services supplied, unless otherwise reimbursed, to said

4

corporation commencing March 1, 2014;

5

     (9) Estates, persons, and families of the president and professors for the time being of

6

Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer's

7

estate, person, and family included, but only to the extent that any person had claimed and utilized

8

the exemption prior to, and for a period ending, either on or after December 31, 1996;

9

     (10) Property especially exempt by charter unless the exemption has been waived in whole

10

or in part;

11

     (11) Lots of land exclusively for burial grounds;

12

     (12) Property, real and personal, held for, or by, an incorporated library, society, or any

13

free public library, or any free public library society, so far as the property is held exclusively for

14

library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor

15

generally, or for a nonprofit hospital for the sick or disabled;

16

     (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated

17

organizations of veterans of any war in which the United States has been engaged, the parent body

18

of which has been incorporated by act of Congress, to the extent of four hundred thousand dollars

19

($400,000) if actually used and occupied by the association; provided, that the city council of the

20

city of Cranston may by ordinance exempt the real or personal estate as previously described in

21

this subdivision located within the city of Cranston to the extent of five hundred thousand dollars

22

($500,000);

23

     (14) Property, real and personal, held for, or by, the fraternal corporation, association, or

24

body created to build and maintain a building or buildings for its meetings or the meetings of the

25

general assembly of its members, or subordinate bodies of the fraternity, and for the

26

accommodation of other fraternal bodies or associations, the entire net income of which real and

27

personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or

28

asylums, a home or homes, a school or schools, for the free education or relief of the members of

29

the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity, their

30

wives, widows, or orphans, and any fund given or held for the purpose of public education,

31

almshouses, and the land and buildings used in connection therewith;

32

     (15) Real estate and personal property of any incorporated volunteer fire engine company

33

or incorporated volunteer ambulance or rescue corps in active service;

 

LC004149 - Page 146 of 319

1

     (16) The estate of any person who, in the judgment of the assessors, is unable from infirmity

2

or poverty to pay the tax; provided, that in the towns of Burrillville and West Greenwich, the tax

3

shall constitute a lien for five (5) years on the property where the owner is entitled to the exemption.

4

At the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold

5

or conveyed, or if debt secured by the property is refinanced during the five-year (5) period, the

6

lien immediately becomes due and payable; any person claiming the exemption aggrieved by an

7

adverse decision of an assessor shall appeal the decision to the local board of tax review and

8

thereafter according to the provisions of § 44-5-26;

9

     (17) Household furniture and family stores of a housekeeper in the whole, including

10

clothing, bedding, and other white goods, books, and all other tangible personal property items that

11

are common to the normal household;

12

     (18) Improvements made to any real property to provide a shelter and fallout protection

13

from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided, that

14

the improvements meet applicable standards for shelter construction established, from time to time,

15

by the Rhode Island emergency management agency. The improvements are deemed to comply

16

with the provisions of any building code or ordinance with respect to the materials or the methods

17

of construction used and any shelter or its establishment is deemed to comply with the provisions

18

of any zoning code or ordinance;

19

     (19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;

20

     (20) Manufacturer's inventory.

21

     (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to be

22

a manufacturer within a city or town within this state if that person uses any premises, room, or

23

place in it primarily for the purpose of transforming raw materials into a finished product for trade

24

through any or all of the following operations: adapting, altering, finishing, making, and

25

ornamenting; provided, that public utilities; non-regulated power producers commencing

26

commercial operation by selling electricity at retail or taking title to generating facilities on or after

27

July 1, 1997; building and construction contractors; warehousing operations, including distribution

28

bases or outlets of out-of-state manufacturers; and fabricating processes incidental to warehousing

29

or distribution of raw materials, such as alteration of stock for the convenience of a customer; are

30

excluded from this definition;

31

     (ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term "manufacturer's

32

inventory," or any similar term, means and includes the manufacturer's raw materials, the

33

manufacturer's work in process, and finished products manufactured by the manufacturer in this

34

state, and not sold, leased, or traded by the manufacturer or its title or right to possession divested;

 

LC004149 - Page 147 of 319

1

provided, that the term does not include any finished products held by the manufacturer in any retail

2

store or other similar selling place operated by the manufacturer whether or not the retail

3

establishment is located in the same building in which the manufacturer operates the manufacturing

4

plant;

5

     (iii) For the purpose of § 44-11-2, a "manufacturer" is a person whose principal business

6

in this state consists of transforming raw materials into a finished product for trade through any or

7

all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be

8

principally engaged if the gross receipts that person derived from the manufacturing operations in

9

this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than

10

fifty percent (50%) of the total gross receipts that person derived from all the business activities in

11

which that person engaged in this state during the taxable year. For the purpose of computing the

12

percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished

13

products manufactured by the manufacturer in this state, even though the manufacturer's store or

14

other selling place may be at a different location from the location of the manufacturer's

15

manufacturing plant in this state, are deemed to have been derived from manufacturing;

16

     (iv) Within the meaning of the preceding paragraphs of this subdivision, the term

17

"manufacturer" also includes persons who are principally engaged in any of the general activities

18

coded and listed as establishments engaged in manufacturing in the Standard Industrial

19

Classification Manual prepared by the Technical Committee on Industrial Classification, Office of

20

Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as

21

revised from time to time, but eliminating as manufacturers those persons, who, because of their

22

limited type of manufacturing activities, are classified in the manual as falling within the trade

23

rather than an industrial classification of manufacturers. Among those thus eliminated, and

24

accordingly also excluded as manufacturers within the meaning of this paragraph, are persons

25

primarily engaged in selling, to the general public, products produced on the premises from which

26

they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and

27

custom tailors, except, that a person who manufactures bakery products for sale primarily for home

28

delivery, or through one or more non-baking retail outlets, and whether or not retail outlets are

29

operated by the person, is a manufacturer within the meaning of this paragraph;

30

     (v) The term "Person" means and includes, as appropriate, a person, partnership, or

31

corporation; and

32

     (vi) The department of revenue shall provide to the local assessors any assistance that is

33

necessary in determining the proper application of the definitions in this subdivision;

 

LC004149 - Page 148 of 319

1

     (21) Real and tangible personal property acquired to provide a treatment facility used

2

primarily to control the pollution or contamination of the waters or the air of the state, as defined

3

in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been constructed,

4

reconstructed, erected, installed, or acquired in furtherance of federal or state requirements or

5

standards for the control of water or air pollution or contamination, and certified as approved in an

6

order entered by the director of environmental management. The property is exempt as long as it is

7

operated properly in compliance with the order of approval of the director of environmental

8

management; provided, that any grant of the exemption by the director of environmental

9

management in excess of ten (10) years is approved by the city or town in which the property is

10

situated. This provision applies only to water and air pollution control properties and facilities

11

installed for the treatment of waste waters and air contaminants resulting from industrial

12

processing; furthermore, it applies only to water or air pollution control properties and facilities

13

placed in operation for the first time after April 13, 1970;

14

     (22) Manufacturing machinery and equipment acquired or used by a manufacturer after

15

December 31, 1974. Manufacturing machinery and equipment is defined as:

16

     (i) Machinery and equipment used exclusively in the actual manufacture or conversion of

17

raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision

18

(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and

19

development or for quality assurance of its manufactured products;

20

     (ii) Machinery and equipment that is partially used in the actual manufacture or conversion

21

of raw materials or goods in process of manufacture by a manufacturer, as defined in subdivision

22

(20), and machinery, fixtures, and equipment used by a manufacturer for research and development

23

or for quality assurance of its manufactured products, to the extent to which the machinery and

24

equipment is used for the manufacturing processes, research and development, or quality assurance.

25

In the instances where machinery and equipment is used in both manufacturing and/or research and

26

development and/or quality assurance activities and non-manufacturing activities, the assessment

27

on machinery and equipment is prorated by applying the percentage of usage of the equipment for

28

the manufacturing, research and development, and quality-assurance activity to the value of the

29

machinery and equipment for purposes of taxation, and the portion of the value used for

30

manufacturing, research and development, and quality assurance is exempt from taxation. The

31

burden of demonstrating this percentage usage of machinery and equipment for manufacturing and

32

for research and development and/or quality assurance of its manufactured products rests with the

33

manufacturer; and

 

LC004149 - Page 149 of 319

1

     (iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was

2

purchased after July 1, 1997; provided that the city or town council of the city or town in which the

3

machinery and equipment is located adopts an ordinance exempting the machinery and equipment

4

from taxation. For purposes of this subsection, city councils and town councils of any municipality

5

may, by ordinance, wholly or partially exempt from taxation the machinery and equipment

6

discussed in this subsection for the period of time established in the ordinance and may, by

7

ordinance, establish the procedures for taxpayers to avail themselves of the benefit of any

8

exemption permitted under this section; provided, that the ordinance does not apply to any

9

machinery or equipment of a business, subsidiary, or any affiliated business that locates or relocates

10

from a city or town in this state to another city or town in the state;

11

     (23) Precious metal bullion, meaning any elementary metal that has been put through a

12

process of melting or refining, and that is in a state or condition that its value depends upon its

13

content and not its form. The term does not include fabricated precious metal that has been

14

processed or manufactured for some one or more specific and customary industrial, professional,

15

or artistic uses;

16

     (24) Hydroelectric power-generation equipment, which includes, but is not limited to,

17

turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,

18

protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The

19

hydroelectric power-generation equipment must have been purchased after July 1, 1979, and

20

acquired or used by a person or corporation who or that owns or leases a dam and utilizes the

21

equipment to generate hydroelectric power;

22

     (25) Subject to authorization by formal action of the council of any city or town, any real

23

or personal property owned by, held in trust for, or leased to an organization incorporated under

24

chapter 6 of title 7, as amended, or an organization meeting the definition of "charitable trust" set

25

out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of

26

another state or the District of Columbia, the purpose of which is the conserving of open space, as

27

that term is defined in chapter 36 of title 45, as amended, provided the property is used exclusively

28

for the purposes of the organization;

29

     (26) Tangible personal property, the primary function of which is the recycling, reuse, or

30

recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,

31

or the treatment of "hazardous wastes," as defined in § 23-19.1-4, where the "hazardous wastes"

32

are generated primarily by the same taxpayer and where the personal property is located at, in, or

33

adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order

34

from the director of the department of environmental management certifying that the tangible

 

LC004149 - Page 150 of 319

1

personal property has this function, which order effects a conclusive presumption that the tangible

2

personal property qualifies for the exemption under this subdivision. If any information relating to

3

secret processes or methods of manufacture, production, or treatment is disclosed to the department

4

of environmental management only to procure an order, and is a "trade secret" as defined in § 28-

5

21-10(b), it shall not be open to public inspection or publicly disclosed unless disclosure is

6

otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;

7

     (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4 has

8

been paid;

9

     (28) Real and personal property of the Providence Performing Arts Center, a non-business

10

corporation as of December 31, 1986;

11

     (29) Tangible personal property owned by, and used exclusively for the purposes of, any

12

religious organization located in the city of Cranston;

13

     (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit

14

corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited liability

15

company that is formed in connection with, or to facilitate the acquisition of, the Providence YMCA

16

Building;

17

     (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-

18

for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited

19

liability company that is formed in connection with, or to facilitate the acquisition of, the properties

20

designated as the Meeting Street National Center of Excellence on Eddy Street in Providence,

21

Rhode Island;

22

     (32) The buildings, personal property, and land upon which the buildings stand, located on

23

Pomham Island, East Providence, currently identified as Assessor's Map 211, Block 01, Parcel

24

001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet and

25

is located approximately eight hundred sixty feet (860′), more or less, from the shore, and limited

26

exclusively to these said buildings, personal estate and land, provided that said property is owned

27

by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is used

28

exclusively for a lighthouse;

29

     (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,

30

Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by

31

the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;

32

     (34) Real and tangible personal property of St. Mary Academy — Bay View, located in

33

East Providence, Rhode Island;

 

LC004149 - Page 151 of 319

1

     (35) Real and personal property of East Bay Community Action Program and its

2

predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt corporation

3

under § 501(c)(3) of the United States Internal Revenue Code;

4

     (36) Real and personal property located within the city of East Providence of the Columbus

5

Club of East Providence, a Rhode Island charitable nonprofit corporation;

6

     (37) Real and personal property located within the city of East Providence of the Columbus

7

Club of Barrington, a Rhode Island charitable nonprofit corporation;

8

     (38) Real and personal property located within the city of East Providence of Lodge 2337

9

BPO Elks, a Rhode Island nonprofit corporation;

10

     (39) Real and personal property located within the city of East Providence of the St.

11

Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;

12

     (40) Real and personal property located within the city of East Providence of the Trustees

13

of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island

14

nonprofit corporation;

15

     (41) Real and personal property located on the first floor of 90 Leonard Avenue within the

16

city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;

17

     (42) Real and personal property located within the city of East Providence of the Cape

18

Verdean Museum Exhibit, a Rhode Island nonprofit corporation;

19

     (43) The real and personal property owned by a qualified 501(c)(3) organization that is

20

affiliated and in good standing with a national, congressionally chartered organization and thereby

21

adheres to that organization's standards and provides activities designed for recreational,

22

educational, and character building purposes for children from ages six (6) years to seventeen (17)

23

years;

24

     (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music

25

School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)

26

of the United States Internal Revenue Code;

27

     (45) The real and personal property located within the town of West Warwick at 211

28

Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven

29

hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East

30

Greenwich, a Rhode Island nonprofit corporation;

31

     (46) Real and personal property of the Comprehensive Community Action Program, a

32

qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;

33

     (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of

34

the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;

 

LC004149 - Page 152 of 319

1

     (48) Renewable energy resources, as defined in § 39-26-5, used in residential systems and

2

associated equipment used therewith in service after December 31, 2015;

3

     (49) Renewable energy resources, as defined in § 39-26-5, if employed by a manufacturer,

4

as defined in subsection (a) of this section, shall be exempt from taxation in accordance with

5

subsection (a) of this section;

6

     (50) Real and personal property located at 415 Tower Hill Road within the town of North

7

Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §

8

501(c)(3) of the United States Internal Revenue Code;

9

     (51) As an effort to promote business growth, tangible business or personal property, in

10

whole or in part, within the town of Charlestown's community limits, subject to authorization by

11

formal action of the town council of the town of Charlestown;

12

     (52) All real and personal property located at 1300 Frenchtown Road, within the town of

13

East Greenwich, identified as assessor's map 027, plat 019, lot 071, and known as the New England

14

Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3) of the

15

United States Internal Revenue Code;

16

     (53) Real and tangible personal property of Mount Saint Charles Academy located within

17

the city of Woonsocket, specifically identified as the following assessor's plats and lots: Logee

18

Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;

19

Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;

20

     (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit

21

corporation, located in Providence, Rhode Island;

22

     (55) Real and personal property located within the town of West Warwick of Tides Family

23

Services, Inc., a Rhode Island nonprofit corporation;

24

     (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit

25

corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;

26

     (57) Real and personal property located within the town of Middletown of Lucy's Hearth,

27

a Rhode Island nonprofit corporation;

28

     (58) Real and tangible personal property of Habitat for Humanity of Rhode Island—

29

Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode

30

Island;

31

     (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit

32

corporation, located in the town of West Warwick at 1249 Main Street;

 

LC004149 - Page 153 of 319

1

     (60) Real and personal property located at 321 Main Street, within the town of South

2

Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §

3

501(c)(3) of the United States Internal Revenue Code;

4

     (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit §

5

501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city

6

council of Pawtucket may from time to time determine;

7

     (62) Real and personal property of North Kingstown, Exeter Animal Protection League,

8

Inc., dba "Pet Refuge," 500 Stony Lane, a Rhode Island nonprofit corporation, located in North

9

Kingstown, Rhode Island;

10

     (63) Real and personal property located within the city of East Providence of Foster

11

Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable

12

nonprofit corporation;

13

     (64) Real and personal property located at 54 Kelly Avenue within the town of East

14

Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island nonprofit

15

corporation;

16

     (65) Real and tangible personal property of Providence Country Day School, a Rhode

17

Island nonprofit corporation, located in East Providence, Rhode Island and further identified as plat

18

406, block 6, lot 6, and plat 506, block 1, lot 8;

19

     (66) As an effort to promote business growth, tangible business or personal property, in

20

whole or in part, within the town of Bristol's community limits, subject to authorization by formal

21

action of the town council of the town of Bristol;

22

     (67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode

23

Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city

24

of East Providence;

25

     (68) Real property of Ocean State Community Wellness, Inc., a qualified tax-exempt

26

corporation under § 501(c)(3) of the United States Internal Revenue Code, located in North

27

Kingstown, Rhode Island, with a physical address of 7450 Post Road, and further identified as plat

28

108, lot 83;

29

     (69) Real and tangible personal property of St. John Baptist De La Salle Institute, d/b/a La

30

Salle Academy, a Rhode Island domestic nonprofit corporation, located in Providence, Rhode

31

Island denominated at the time this subsection was adopted as Plat 83 Lot 276 by the tax assessor

32

for the city of Providence comprising approximately 26.08 acres of land along with all buildings

33

and improvements that have been or may be made;

 

LC004149 - Page 154 of 319

1

     (70) Real and tangible personal property of The Providence Community Health Centers,

2

Inc., a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island; and

3

     (71) In the city of Central Falls and the city of Pawtucket, real property and tangible

4

personal property located on or in the premise acquired or leased by a railroad entity and for the

5

purpose of providing boarding and disembarking of railroad passengers and the supporting

6

passenger railroad operations and services. For the purpose of this section, a railroad entity shall be

7

any incorporated entity that has been duly authorized by the Rhode Island public utilities

8

commission to provide passenger railroad services.

9

     (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the

10

value of its real property shall be the value determined by the most recent full revaluation or

11

statistical property update performed by the city or town; provided, however, in the year a nonprofit

12

hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-profit

13

hospital facility is initially established, the value of the real property and personal property of the

14

for-profit hospital facility shall be determined by a valuation performed by the assessor for the

15

purpose of determining an initial assessed value of real and personal property, not previously taxed

16

by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to a right

17

of appeal by the for-profit hospital facility which shall be made to the city or town tax assessor with

18

a direct appeal from an adverse decision to the Rhode Island superior court business calendar.

19

     A "for-profit hospital facility" includes all real and personal property affiliated with any

20

hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.

21

Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-profit

22

hospital facility under § 44-3-9 or other laws specific to the particular city or town relating to

23

stabilization agreements. In a year in which a nonprofit hospital facility converts to, or otherwise

24

becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise established, in

25

that year only the amount levied by the city or town and/or the amount payable under the

26

stabilization agreement for that year related to the for-profit hospital facility shall not be counted

27

towards determining the maximum tax levy permitted under § 44-5-2.

28

     (c) Notwithstanding any other provision of law to the contrary, in an effort to provide relief

29

for businesses, including small businesses, and to promote economic development, a city, town, or

30

fire district may establish an exemption for tangible personal property within its geographic limits

31

by formal action of the appropriate governing body within the city, town, or fire district, which

32

exemptions shall be uniformly applied and in compliance with local tax classification requirements.

33

Exemptions established pursuant to this subsection shall conform to the requirements of § 44-5-

34

12.2.

 

LC004149 - Page 155 of 319

1

     SECTION 10. Chapter 44-5 of the General Laws entitled " Levy and Assessment of Local

2

Taxes" is hereby amended by adding thereto the following sections:

3

     44-5-11.16. Division of Municipal Finance Classification Exemption Authority

4

     Notwithstanding any other provision of law to the contrary, the Division of Municipal

5

Finance (Division) within the Department of Revenue shall have the authority to grant a one-year

6

exemption to any city or town authorized to have a property tax classification structure under this

7

chapter, where in the absence of such an exemption, the city or town would not be in compliance

8

with its applicable tax classification structure. Any city or town seeking such an exemption shall

9

provide the Division with any documentation that the Division deems necessary to grant an

10

exemption. Such exemption, if approved by the Division, shall be limited to one year. The city or

11

town, if granted such an exemption, shall be required to either have applicable state legislation

12

approved amending the specific section of law for which the exemption was sought or adjust its

13

class tax rates so that the city or town is in compliance for its next fiscal year.

14

     44-5-12.2. Tangible personal property exemption-Tax rate cap.

15

     Notwithstanding any other provision of law to the contrary, the tax rate for the class of

16

property that includes tangible personal property for any city, town, or fire district that also

17

establishes a tangible personal property assessment exemption, pursuant to subsections (a)(51),

18

(a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, or any other provision of law that enables a city,

19

town, or fire district to establish a tangible personal property assessment exemption, shall be capped

20

at the tax rate in effect for the assessment date immediately preceding the assessment date on which

21

the exemption takes effect or the assessment date immediately following the effective date of this

22

section, whichever is later.

23

     SECTION 11. Section 44-11-2 of the General Laws in Chapter 44-11 entitled "Business

24

Corporation Tax" is hereby amended to read as follows:

25

     44-11-2 Imposition of Tax.

26

     (a) Each corporation shall annually pay to the state a tax equal to nine percent (9%) of net

27

income, as defined in § 44-11-11, qualified in § 44-11-12, and apportioned to this state as provided

28

in §§ 44-11-13 — 44-11-15, for the taxable year. For tax years beginning on or after January 1,

29

2015, each corporation shall annually pay to the state a tax equal to seven percent (7.0%) of net

30

income, as defined in § 44-11-13 — 44-11-15, for the taxable year.

31

     (b) A corporation shall pay the amount of any tax as computed in accordance with

32

subsection (a) after deducting from "net income," as used in this section, fifty percent (50%) of the

33

excess of capital gains over capital losses realized during the taxable year, if for the taxable year:

34

     (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its

 

LC004149 - Page 156 of 319

1

own behalf and not as a broker, underwriter, or distributor;

2

     (2) Its gross receipts derived from these activities during the taxable year amounted to at

3

least ninety percent (90%) of its total gross receipts derived from all of its activities during the year.

4

"Gross receipts" means all receipts, whether in the form of money, credits, or other valuable

5

consideration, received during the taxable year in connection with the conduct of the taxpayer's

6

activities.

7

     (c) A corporation shall not pay the amount of the tax computed on the basis of its net

8

income under subsection (a), but shall annually pay to the state a tax equal to ten cents ($.10) for

9

each one hundred dollars ($100) of gross income for the taxable year or a tax of one hundred dollars

10

($100), whichever tax shall be the greater, if for the taxable year the corporation is either a "personal

11

holding company" registered under the federal Investment Company Act of 1940, 15 U.S.C. § 80a-

12

1 et seq., "regulated investment company," or a "real estate investment trust" as defined in the

13

federal income tax law applicable to the taxable year. "Gross income" means gross income as

14

defined in the federal income tax law applicable to the taxable year, plus:

15

     (1) Any interest not included in the federal gross income; minus

16

     (2) Interest on obligations of the United States or its possessions, and other interest exempt

17

from taxation by this state; and minus

18

     (3) Fifty percent (50%) of the excess of capital gains over capital losses realized during the

19

taxable year.

20

     (d) (1) A small business corporation having an election in effect under subchapter S, 26

21

U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except

22

that the corporation shall be subject to the provisions of subsection (a), to the extent of the income

23

that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after

24

January 1, 2015, a small business corporation having an election in effect under subchapter S, 26

25

U.S.C. § 1361 et seq., shall be subject to the minimum tax under § 44-11-2(e).

26

     (2) The shareholders of the corporation who are residents of Rhode Island shall include in

27

their income their proportionate share of the corporation's federal taxable income.

28

     (3) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.]

29

     (4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.]

30

     (e) Minimum tax.  The tax imposed upon any corporation under this section, including a

31

small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et

32

seq., shall not be less than four hundred fifty dollars ($450). For tax years beginning on or after

33

January 1, 2017, the tax imposed shall not be less than four hundred dollars ($400). For tax years

34

beginning on or after January 1, 2023, the tax imposed shall not be less than three hundred seventy-

 

LC004149 - Page 157 of 319

1

five dollars ($375.00).

2

     SECTION 12. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and

3

Use Taxes — Liability and Computation" is hereby amended to read as follows:

4

     44-18-30. Gross receipts exempt from sales and use taxes.

5

     There are exempted from the taxes imposed by this chapter the following gross receipts:

6

     (1) Sales and uses beyond constitutional power of state. From the sale and from the storage,

7

use, or other consumption in this state of tangible personal property the gross receipts from the sale

8

of which, or the storage, use, or other consumption of which, this state is prohibited from taxing

9

under the Constitution of the United States or under the constitution of this state.

10

     (2) Newspapers.

11

     (i) From the sale and from the storage, use, or other consumption in this state of any

12

newspaper.

13

     (ii) "Newspaper" means an unbound publication printed on newsprint that contains news,

14

editorial comment, opinions, features, advertising matter, and other matters of public interest.

15

     (iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or

16

similar item unless the item is printed for, and distributed as, a part of a newspaper.

17

     (3) School meals. From the sale and from the storage, use, or other consumption in this

18

state of meals served by public, private, or parochial schools, school districts, colleges, universities,

19

student organizations, and parent-teacher associations to the students or teachers of a school,

20

college, or university whether the meals are served by the educational institutions or by a food

21

service or management entity under contract to the educational institutions.

22

     (4) Containers.

23

     (i) From the sale and from the storage, use, or other consumption in this state of:

24

     (A) Non-returnable containers, including boxes, paper bags, and wrapping materials that

25

are biodegradable and all bags and wrapping materials utilized in the medical and healing arts,

26

when sold without the contents to persons who place the contents in the container and sell the

27

contents with the container.

28

     (B) Containers when sold with the contents if the sale price of the contents is not required

29

to be included in the measure of the taxes imposed by this chapter.

30

     (C) Returnable containers when sold with the contents in connection with a retail sale of

31

the contents or when resold for refilling.

32

     (D) Keg and barrel containers, whether returnable or not, when sold to alcoholic beverage

33

producers who place the alcoholic beverages in the containers.

34

     (ii) As used in this subdivision, the term "returnable containers" means containers of a kind

 

LC004149 - Page 158 of 319

1

customarily returned by the buyer of the contents for reuse. All other containers are "non-returnable

2

containers."

3

     (5) (i) Charitable, educational, and religious organizations. From the sale to, as in defined

4

in this section, and from the storage, use, and other consumption in this state, or any other state of

5

the United States of America, of tangible personal property by hospitals not operated for a profit;

6

"educational institutions" as defined in subdivision (18) not operated for a profit; churches,

7

orphanages, and other institutions or organizations operated exclusively for religious or charitable

8

purposes; interest-free loan associations not operated for profit; nonprofit, organized sporting

9

leagues and associations and bands for boys and girls under the age of nineteen (19) years; the

10

following vocational student organizations that are state chapters of national vocational student

11

organizations: Distributive Education Clubs of America (DECA); Future Business Leaders of

12

America, Phi Beta Lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers

13

of America/Home Economics Related Occupations (FHA/HERD); Vocational Industrial Clubs of

14

America (VICA); organized nonprofit golden age and senior citizens clubs for men and women;

15

and parent-teacher associations; and from the sale, storage, use, and other consumption in this state,

16

of and by the Industrial Foundation of Burrillville, a Rhode Island domestic nonprofit corporation.

17

     (ii) In the case of contracts entered into with the federal government, its agencies, or

18

instrumentalities, this state, or any other state of the United States of America, its agencies, any

19

city, town, district, or other political subdivision of the states; hospitals not operated for profit;

20

educational institutions not operated for profit; churches, orphanages, and other institutions or

21

organizations operated exclusively for religious or charitable purposes, the contractor may purchase

22

such materials and supplies (materials and/or supplies are defined as those that are essential to the

23

project) that are to be utilized in the construction of the projects being performed under the contracts

24

without payment of the tax.

25

     (iii) The contractor shall not charge any sales or use tax to any exempt agency, institution,

26

or organization but shall in that instance provide his or her suppliers with certificates in the form

27

as determined by the division of taxation showing the reason for exemption and the contractor's

28

records must substantiate the claim for exemption by showing the disposition of all property so

29

purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax

30

on the property used.

31

     (6) Gasoline. From the sale and from the storage, use, or other consumption in this state

32

of: (i) Gasoline and other products taxed under chapter 36 of title 31 and (ii) Fuels used for the

33

propulsion of airplanes.

34

     (7) Purchase for manufacturing purposes.

 

LC004149 - Page 159 of 319

1

     (i) From the sale and from the storage, use, or other consumption in this state of computer

2

software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and

3

water, when the property or service is purchased for the purpose of being manufactured into a

4

finished product for resale and becomes an ingredient, component, or integral part of the

5

manufactured, compounded, processed, assembled, or prepared product, or if the property or

6

service is consumed in the process of manufacturing for resale computer software, tangible personal

7

property, electricity, natural gas, artificial gas, steam, refrigeration, or water.

8

     (ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the

9

property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.

10

     (iii) "Consumed" includes mere obsolescence.

11

     (iv) "Manufacturing" means and includes: manufacturing, compounding, processing,

12

assembling, preparing, or producing.

13

     (v) "Process of manufacturing" means and includes all production operations performed in

14

the producing or processing room, shop, or plant, insofar as the operations are a part of and

15

connected with the manufacturing for resale of tangible personal property, electricity, natural gas,

16

artificial gas, steam, refrigeration, or water and all production operations performed insofar as the

17

operations are a part of and connected with the manufacturing for resale of computer software.

18

     (vi) "Process of manufacturing" does not mean or include administration operations such

19

as general office operations, accounting, collection, or sales promotion, nor does it mean or include

20

distribution operations that occur subsequent to production operations, such as handling, storing,

21

selling, and transporting the manufactured products, even though the administration and

22

distribution operations are performed by, or in connection with, a manufacturing business.

23

     (8) State and political subdivisions. From the sale to, and from the storage, use, or other

24

consumption by, this state, any city, town, district, or other political subdivision of this state. Every

25

redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of

26

the municipality where it is located.

27

     (9) Food and food ingredients. From the sale and storage, use, or other consumption in this

28

state of food and food ingredients as defined in § 44-18-7.1(l).

29

     For the purposes of this exemption "food and food ingredients" shall not include candy,

30

soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending

31

machines, or prepared food, as those terms are defined in § 44-18-7.1, unless the prepared food is:

32

     (i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311,

33

except sub-sector 3118 (bakeries);

34

     (ii) Sold in an unheated state by weight or volume as a single item;

 

LC004149 - Page 160 of 319

1

     (iii) Bakery items, including: bread, rolls, buns, biscuits, bagels, croissants, pastries,

2

donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and is not sold with utensils

3

provided by the seller, including: plates, knives, forks, spoons, glasses, cups, napkins, or straws.

4

     (10) Medicines, drugs, and durable medical equipment. From the sale and from the storage,

5

use, or other consumption in this state, of:

6

     (i) "Drugs" as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and

7

insulin whether or not sold on prescription. For purposes of this exemption drugs shall not include

8

over-the-counter drugs and grooming and hygiene products as defined in § 44-18-7.1(h)(iii).

9

     (ii) Durable medical equipment as defined in § 44-18-7.1(k) for home use only, including,

10

but not limited to: syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent

11

chairs, and chair lifts. Supplies used in connection with syringe infusers and ambulatory drug

12

delivery pumps that are sold on prescription to individuals to be used by them to dispense or

13

administer prescription drugs, and related ancillary dressings and supplies used to dispense or

14

administer prescription drugs, shall also be exempt from tax.

15

     (11) Prosthetic devices and mobility enhancing equipment. From the sale and from the

16

storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t),

17

sold on prescription, including, but not limited to: artificial limbs, dentures, spectacles, eyeglasses,

18

and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on prescription;

19

and mobility enhancing equipment as defined in § 44-18-7.1(p), including wheelchairs, crutches,

20

and canes.

21

     (12) Coffins, caskets, urns, shrouds and burial garments. From the sale and from the

22

storage, use, or other consumption in this state of coffins, caskets, urns, shrouds, and other burial

23

garments that are ordinarily sold by a funeral director as part of the business of funeral directing.

24

     (13) Motor vehicles sold to nonresidents.

25

     (i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident

26

of this state who does not register the motor vehicle in this state, whether the sale or delivery of the

27

motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle

28

sold to a bona fide nonresident whose state of residence does not allow a like exemption to its

29

nonresidents is not exempt from the tax imposed under § 44-18-20. In that event, the bona fide

30

nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed

31

in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-

32

20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and

33

collect the tax required under this subdivision and remit the tax to the tax administrator under the

34

provisions of chapters 18 and 19 of this title. When a Rhode Island licensed, motor vehicle dealer

 

LC004149 - Page 161 of 319

1

is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide

2

nonresident as provided in this section, the dealer in computing the tax takes into consideration the

3

law of the state of the nonresident as it relates to the trade-in of motor vehicles.

4

     (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may

5

require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the

6

tax administrator deems reasonably necessary to substantiate the exemption provided in this

7

subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the

8

motor vehicle was the holder of, and had in his or her possession a valid out-of-state motor vehicle

9

registration or a valid out-of-state driver's license.

10

     (iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of

11

the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or

12

other consumption in this state, and is subject to, and liable for, the use tax imposed under the

13

provisions of § 44-18-20.

14

     (14) Sales in public buildings by blind people. From the sale and from the storage, use, or

15

other consumption in all public buildings in this state of all products or wares by any person

16

licensed under § 40-9-11.1.

17

     (15) Air and water pollution control facilities. From the sale, storage, use, or other

18

consumption in this state of tangible personal property or supplies acquired for incorporation into

19

or used and consumed in the operation of a facility, the primary purpose of which is to aid in the

20

control of the pollution or contamination of the waters or air of the state, as defined in chapter 12

21

of title 46 and chapter 23 of title 23, respectively, and that has been certified as approved for that

22

purpose by the director of environmental management. The director of environmental management

23

may certify to a portion of the tangible personal property or supplies acquired for incorporation

24

into those facilities or used and consumed in the operation of those facilities to the extent that that

25

portion has as its primary purpose the control of the pollution or contamination of the waters or air

26

of this state. As used in this subdivision, "facility" means any land, facility, device, building,

27

machinery, or equipment.

2