2022 -- S 2855 | |
======== | |
LC005695 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE | |
| |
Introduced By: Senators Gallo, Goodwin, Pearson, Lombardo, Ciccone, and Miller | |
Date Introduced: April 05, 2022 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled "State |
2 | Building Code" is hereby amended to read as follows: |
3 | 23-27.3-108.2. State building commissioner's duties. |
4 | (a) This code shall be enforced by the state building commissioner as to any structures or |
5 | buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction |
6 | of the state or any of its departments, commissions, agencies, or authorities established by an act |
7 | of the general assembly, and as to any structures or buildings or parts thereof that are built upon |
8 | any land owned by or under the jurisdiction of the state. |
9 | (b) Permit fees for the projects shall be established by the committee. The fees shall be |
10 | deposited as general revenues. |
11 | (c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001) |
12 | one-tenth percent (0.1%) levy of the total construction cost for each commercial permit issued, and |
13 | two-tenths percent (0.2%) levy of the total construction cost for each residential permit issued. The |
14 | levy shall be limited to a maximum of fifty dollars ($50.00) one hundred dollars ($100) for each of |
15 | the permits issued for one-and two-family (2) dwellings. This additional levy shall be transmitted |
16 | monthly to the state building office at the department of business regulation, and. |
17 | (i) Fifty percent (50%) of this additional levy on residential permits and one hundred |
18 | percent (100%) of this additional levy on commercial permits shall be used to staff and support the |
19 | purchase or lease and operation of a web-accessible service and/or system to be utilized by the state |
| |
1 | and municipalities for uniform, statewide electronic plan review, permit management, and |
2 | inspection system and other programs described in this chapter. The This portion of the fee levy |
3 | shall be deposited as general revenues. |
4 | (ii) Fifty percent (50%) of this additional levy on residential permits shall be transferred to |
5 | the department of labor and training and shall be deposited into the contractor training account, |
6 | which shall be exempt from the indirect cost recovery provisions of § 35-4-27, and shall be used to |
7 | provide contractor training grants for programs that shall include, but are not limited to, minority |
8 | business enterprises, and state and local building officials. |
9 | (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide |
10 | process for electronic plan review, permit management, and inspection. The process shall include, |
11 | but not be limited to: applications; submission of building plans and plans for developments and |
12 | plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation |
13 | and collections; and workflow and report management. |
14 | (3) On or before December 1, 2013, the building commissioner, with the assistance of the |
15 | office of regulatory reform, shall implement the standard statewide process for electronic plan |
16 | review, permit management, and inspection. In addition, the building commissioner shall develop |
17 | a technology and implementation plan for a standard web-accessible service or system to be utilized |
18 | by the state and municipalities for uniform, statewide electronic plan review, permit management, |
19 | and inspection. The plan shall include, but not be limited to: applications; submission of building |
20 | plans and plans for developments and plots; plan review; permitting; inspections; inspection |
21 | scheduling; project tracking; fee calculation and collections; and workflow and report management. |
22 | (d) The building commissioner shall, upon request by any state contractor described in § |
23 | 37-2-38.1, review, and when all conditions for certification have been met, certify to the state |
24 | controller that the payment conditions contained in § 37-2-38.1 have been met. |
25 | (e) The building commissioner shall coordinate the development and implementation of |
26 | this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before |
27 | January 1, 2022, the building commissioner shall promulgate rules and regulations to implement |
28 | the provisions of this section and § 23-27.3-115.6. |
29 | (f) The building commissioner shall submit, in coordination with the state fire marshal, a |
30 | report to the governor and general assembly on or before April 1, 2013, and each April 1st |
31 | thereafter, providing the status of the web-accessible service and/or system implementation and |
32 | any recommendations for process or system improvement. In every report submitted on or after |
33 | April, 2024, the building commissioner shall provide the following information: |
34 | (1) The identity of every municipality in full compliance with the provisions § 23-27.3- |
| LC005695 - Page 2 of 7 |
1 | 115.6 and the rules and regulations promulgated pursuant to the provisions of this section; |
2 | (2) The identity of every municipality failing to fully implement and comply with the |
3 | provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the |
4 | provisions of this section, and the nature, extent, and basis or reason for the failure or |
5 | noncompliance; and |
6 | (3) Recommendations to achieve compliance by all municipalities with the provisions of § |
7 | 23-27.3-115.6 and the rules and regulations promulgated pursuant to this section. |
8 | SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds" |
9 | is hereby amended to read as follows: |
10 | 35-4-27. Indirect cost recoveries on restricted receipt accounts. |
11 | Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all |
12 | restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there |
13 | shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions |
14 | from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on |
15 | federal grant funds; or (3) Through transfers from state agencies to the department of administration |
16 | for the payment of debt service. These indirect cost recoveries shall be applied to all accounts, |
17 | unless prohibited by federal law or regulation, court order, or court settlement. The following |
18 | restricted receipt accounts shall not be subject to the provisions of this section: |
19 | Executive Office of Health and Human Services |
20 | Organ Transplant Fund |
21 | HIV Care Grant Drug Rebates |
22 | Health System Transformation Project |
23 | Department of Human Services |
24 | Veterans' home -- Restricted account |
25 | Veterans' home -- Resident benefits |
26 | Pharmaceutical Rebates Account |
27 | Demand Side Management Grants |
28 | Veteran's Cemetery Memorial Fund |
29 | Donations -- New Veterans' Home Construction |
30 | Department of Health |
31 | Pandemic medications and equipment account |
32 | Miscellaneous Donations/Grants from Non-Profits |
33 | State Loan Repayment Match |
34 | Healthcare Information Technology |
| LC005695 - Page 3 of 7 |
1 | Department of Behavioral Healthcare, Developmental Disabilities and Hospitals |
2 | Eleanor Slater non-Medicaid third-party payor account |
3 | Hospital Medicare Part D Receipts |
4 | RICLAS Group Home Operations |
5 | Commission on the Deaf and Hard of Hearing |
6 | Emergency and public communication access account |
7 | Department of Environmental Management |
8 | National heritage revolving fund |
9 | Environmental response fund II |
10 | Underground storage tanks registration fees |
11 | De Coppet Estate Fund |
12 | Rhode Island Historical Preservation and Heritage Commission |
13 | Historic preservation revolving loan fund |
14 | Historic Preservation loan fund -- Interest revenue |
15 | Department of Public Safety |
16 | E-911 Uniform Emergency Telephone System |
17 | Forfeited property -- Retained |
18 | Forfeitures -- Federal |
19 | Forfeited property -- Gambling |
20 | Donation -- Polygraph and Law Enforcement Training |
21 | Rhode Island State Firefighter's League Training Account |
22 | Fire Academy Training Fees Account |
23 | Attorney General |
24 | Forfeiture of property |
25 | Federal forfeitures |
26 | Attorney General multi-state account |
27 | Forfeited property -- Gambling |
28 | Department of Administration |
29 | OER Reconciliation Funding |
30 | Health Insurance Market Integrity Fund |
31 | RI Health Benefits Exchange |
32 | Information Technology Investment Fund |
33 | Restore and replacement -- Insurance coverage |
34 | Convention Center Authority rental payments |
| LC005695 - Page 4 of 7 |
1 | Investment Receipts -- TANS |
2 | OPEB System Restricted Receipt Account |
3 | Car Rental Tax/Surcharge-Warwick Share |
4 | Grants Management Administration |
5 | Executive Office of Commerce |
6 | Housing Resources Commission Restricted Account |
7 | Housing Production Fund |
8 | Department of Revenue |
9 | DMV Modernization Project |
10 | Jobs Tax Credit Redemption Fund |
11 | Legislature |
12 | Audit of federal assisted programs |
13 | Department of Children, Youth and Families |
14 | Children's Trust Accounts -- SSI |
15 | Military Staff |
16 | RI Military Family Relief Fund |
17 | RI National Guard Counterdrug Program |
18 | Treasury |
19 | Admin. Expenses -- State Retirement System |
20 | Retirement -- Treasury Investment Options |
21 | Defined Contribution -- Administration - RR |
22 | Violent Crimes Compensation -- Refunds |
23 | Treasury Research Fellowship |
24 | Business Regulation |
25 | Banking Division Reimbursement Account |
26 | Office of the Health Insurance Commissioner Reimbursement Account |
27 | Securities Division Reimbursement Account |
28 | Commercial Licensing and Racing and Athletics Division Reimbursement Account |
29 | Insurance Division Reimbursement Account |
30 | Historic Preservation Tax Credit Account |
31 | Judiciary |
32 | Arbitration Fund Restricted Receipt Account |
33 | Third-Party Grants |
34 | RI Judiciary Technology Surcharge Account |
| LC005695 - Page 5 of 7 |
1 | Department of Elementary and Secondary Education |
2 | Statewide Student Transportation Services Account |
3 | School for the Deaf Fee-for-Service Account |
4 | School for the Deaf -- School Breakfast and Lunch Program |
5 | Davies Career and Technical School Local Education Aid Account |
6 | Davies -- National School Breakfast & Lunch Program |
7 | School Construction Services |
8 | Office of the Postsecondary Commissioner |
9 | Higher Education and Industry Center |
10 | Department of Labor and Training |
11 | Job Development Fund |
12 | Contractor Training Account |
13 | Rhode Island Council on the Arts |
14 | Governors' Portrait Donation Fund |
15 | Statewide records management system account |
16 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC005695 | |
======== | |
| LC005695 - Page 6 of 7 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- STATE BUILDING CODE | |
*** | |
1 | This act would increase the current levy on total construction costs for residential and |
2 | commercial building permits and direct the additional levy to be transmitted monthly to the |
3 | department of labor and training for deposit into the contractor training account restricted receipt |
4 | account. This act would require that money deposited be used for contractor training grants that |
5 | must include programs for minority business enterprises, as well as for state and local building |
6 | officials, and exempt such account from the indirect cost recoveries of restricted receipt accounts. |
7 | This act would take effect upon passage. |
======== | |
LC005695 | |
======== | |
| LC005695 - Page 7 of 7 |