ARTICLE
4 AS AMENDED
RELATING TO
GOVERNMENT ORGANIZATION
SECTION 1. Section 16-57-10 of the General Laws in Chapter
16-57 entitled "Higher
Education Assistance
Authority" is hereby amended to read as follows:
16-57-10.
Reserve funds. -- To assure the continued
operation and solvency of the
authority for the carrying out of its corporate purposes, the
authority may create and establish any
reserve funds as may be necessary or desirable for its
corporate purposes, and may pay into the
funds any money appropriated and made available by the
state, the commissioner, or any other
source for the purpose of the funds, and any money collected
by the authority as fees for the
guaranty of eligible loans.
To
assure continued solvency of the authority, the authority's operating fund
shall be used
solely for the ordinary operating expenses of the authority.
Furthermore, it is the intent of the
general assembly that these funds eventually be used to
increase financial assistance to Rhode
Island
students in the form of scholarships and grants.
SECTION 2. Section 16-62-7 of the General Laws in Chapter
16-62 entitled "The Rhode
16-62-7.
Directors, officers, and employees. -- (a) The powers of the authority
shall be
vested in a board of directors consisting of six (6)
members as follows: five (5) members
appointed by the governor to the from among
members of the general public, who are qualified by
training or experience in education, finance,
or personal investment consulting and made in
accordance with subsection (b) of this section as
provided in section 16-57-7, all appointments are
subject to the advice and consent of the
senate; and the general treasurer, ex-officio. The
general treasurer may designate a subordinate
within his or her department or agency to represent
him or her at all meetings of the board.
(b) All members appointed
by the governor shall be appointed to terms of five (5) years,
and the governor shall, during the month of January
preceding the expiration of each term,
appoint a member whose term will then next expire. In
the event of a vacancy occurring in the
office of a member by death, resignation, removal, or
otherwise, the vacancy shall be filled in the
same manner as an original appointment but only for
the remainder of the term of the former
member.
(b)(c) The
directors shall receive no compensation for the performance of their duties
under this chapter, but each director shall be
reimbursed for his or her reasonable expenses
incurred in carrying out those duties. A director may
engage in private employment, or in a
profession or business.
(c)(d)
The board of directors shall elect one of its members to serve as chairperson.
Four
(4) directors shall constitute a quorum and any action
to be taken by the authority under the
provisions of this chapter may be authorized by
resolution approved by a majority of the directors
present and voting at any regular or special meeting
at which a quorum is present. A vacancy in
the membership of the board of directors shall not
impair the right of a quorum to exercise all the
rights and perform all the duties of the authority.
(d)(e) In
addition to electing a chairperson, the board of directors shall appoint a
secretary and any additional officers and staff
members as they shall deem appropriate and shall
determine the amount of compensation, if any, each
shall receive. The board of directors may
appoint a chief executive officer and vest in that
person or his or her subordinates the authority to
appoint additional staff members and to determine the
amount of compensation each individual
shall receive.
(e)(f) No
fulltime employee shall during the period of his or her employment by the
authority engage in any other private employment,
profession, or business, including, but not
limited to, consulting.
(f)(g)
Notwithstanding any other law to the contrary, it shall not be or constitute a
conflict of interest for a director, officer, or
employee of any financial institution, investment
banking firm, brokerage firm, commercial bank, trust
company, savings and loan association,
credit union, insurance company, educational
institution, or any other firm, person, or corporation
to serve as a director of the authority nor shall any
contract or transaction between the authority
and any financial institution, investment banking firm,
brokerage firm, commercial bank, trust
company, savings and loan association, credit union,
insurance company, educational institution,
or any other firm, person, or corporation be void or
voidable by reason of any service as director
of the authority. If any director, officer, or
employee of the authority shall be interested either
directly or indirectly, or shall be a director,
officer, or employee of or have an ownership interest
(other than as the owner of less than one percent (1%)
of the shares of a publicly held
corporation) in any firm or corporation interested
directly or indirectly in any contract with the
authority, that interest shall be disclosed to the
authority and set forth in the minutes of the
authority, and the director, officer, or employee
having that interest in it shall not participate on
behalf of the authority in the authorization of this
contract. Interested directors may be counted in
determining the presence of a quorum at a meeting of
the board of directors of the authority
which authorizes the contract or transaction.
(g)(h)
Any action taken by the authority under the provisions of this chapter may be
authorized by vote at any regular or special meeting,
and each vote shall take effect immediately.
(h)(i) The board of directors may designate from among its
members an executive
committee and one or more other committees each of
which, to the extent authorized by the board
of directors, shall have and may exercise all the
authority of the board of directors, but no
committee shall have the authority of the board of
directors in reference to the disposition of all
or substantially all the property and assets of the
authority, or amending the bylaws of the
authority.
(i)(j)
Any action required by this chapter to be taken at a meeting of the board of
directors, or any action which may be taken at a
meeting of the board of directors, or committee
of it, may be taken without a meeting if a consent in
writing, setting forth the action to be taken,
shall be signed before or after that action by all of
the directors, or all of the members of the
committee.
(j)(k)
The board shall conduct a training course for newly appointed and qualified
members and new designees of ex-officio members within
six (6) months of their qualification or
designation. The course shall be developed by the
chair of the board, approved by the board, and
conducted by the chair of the board. The board may
approve the use of any board or staff
members or other individuals to assist with training.
The training course shall include instruction
in the subject area of this chapter and chapters 46 of
title 42, 14 of title 36, and 2 of title 38; and
the board's rules and regulations. The director of the
department of administration shall, within
ninety (90) days of the effective date of this act,
disseminate training materials relating to the
provisions of chapters 46 of title 42, 14 of title 36,
and 2 of title 38.
SECTION
3. Title 16 of the General Laws entitled "EDUCATION" is hereby
amended
by adding thereto the
following chapter:
CHAPTER
97
THE
Whereas, the twenty-first century has changed the challenges of education in the State of
shall be governed for future generations;
Whereas, the skills gap in
many residents, it is incumbent upon this legislature to ensure that higher education institutions in
the State of
increase their efforts towards eliminating the skills gap to ensure the State is competitive and the
workforce is a marketable asset;
Whereas, the separate
higher education system in the State of
capitalized on opportunities and resources that have been made available due in part to a lack of
coordination and efficiencies with elementary and secondary education, establishing a seamless
singular board of education will promote coordination and increase efficiencies throughout the
entirety of the education system within the State of
Whereas, in an effort to ensure a world class education for all students, a single Board of
Education will serve to ensure that all students may achieve educational excellence; now
therefore be it
Resolved, that
the
16-97-1.
there is created a board of education which shall be
and is constituted a public corporation,
empowered to sue and be sued in its own name, to have
a corporate seal, and to be vested with all
the powers and duties currently vested in the board of
governors for higher education established
in chapter 16-59 and the board of regents for
elementary and secondary education established in
chapter 16-60.
(b) Upon its organization,
the board of education shall be vested with the legal title (in
trust for the state) to all property, real and
personal, now owned by and/or under the control or in
the custody of the board of governors for higher
education and the board of regents for
elementary and secondary education, for the use of the
board of education. The board of
education is hereby-designated successor to all
powers, rights, duties, and privileges pertaining to
the board of regents for elementary and secondary education
and the board of governors for
higher education.
(c) The board of
education shall consist of eleven (11) public members appointed by the
governor with the advice and consent of the senate.
Four (4) of the members initially appointed
pursuant to this section shall serve terms of three
(3) years; four (4) members initially appointed
pursuant to this section shall serve terms of two (2)
years; and, three (3) members initially
appointed pursuant to this section shall serve terms
of one year. Thereafter, all members
appointed pursuant to this section shall serve terms
of three (3) years. No board member shall be
appointed to serve more than two (2) three (3) year
terms.
(d) The governor shall
select from the appointed members a chairperson and vice
chairperson. A quorum shall consist of six (6) members
of the board. A majority vote of those
present shall be required for action.
(e) The statutory
responsibilities of the department of elementary and secondary
education, the commissioner of elementary and
secondary education, and the commissioner of
higher education shall remain unchanged. No later than
July 1, 2013, the board of education shall
submit to the governor and the general assembly its
final plan for the permanent administrative
structure for higher education. As a requisite element
of the administrative structure for higher
education, the board of education shall establish a
plan for distributing the assets, responsibilities,
powers, authorities, and duties of the office of
higher education to the three (3) higher education
institutions and appropriate state agencies. Said
distribution shall be done in a manner designed to
maximize efficiency, provide greater articulation of
the respective responsibilities of elementary
and secondary and higher education, and ensure that
students are prepared to succeed in school,
college, careers, and life. The permanent governance
structure for higher education shall, at a
minimum: (1) Provide clear guidance on statutory,
legal, financial and contractual obligations; (2)
Establish a policy framework that furthers the goals
of this chapter; and (3) Establish appropriate
administrative structures, support, policies and
procedures. Effective July 1, 2014, the office of
higher education shall be abolished.
16-97-2. Executive
agents of the state board of education. – The state board of
education shall appoint a Commissioner of Elementary and
Secondary Education who shall be the
board’s executive agent in matters pertaining to
elementary and secondary education and who
shall have the duties established in R.I.G.L. 16-60-6
. The state board of education shall also
appoint a Commissioner of Higher Education who shall
be the board’s executive agent in matters
pertaining to higher education and who shall have the
duties established in R.I.G.L. 16-59-6. The
Commissioners shall be employees of the board in the
unclassified service and shall not be
members of the board and shall serve at the pleasure
of the board.
16-97-3. Executive
committee of education. – (a) There is established an executive
committee of education that shall be composed of the
president of the
the president of
commissioner of higher education, and the commissioner
of elementary and secondary education.
The commissioner of higher education shall serve as
the chairperson of the committee.
(b) The committee
shall meet on a regular basis, provided, that they shall meet not less
than twelve (12) times per year, and the purpose of
the committee shall include, but not be limited
to, developing coherent plans for the elimination of
unnecessary duplication in public education
and addressing the future needs of public education
within the state in the most efficient and
economical manner possible. All recommendations and
information gathered at the meetings of
the committee shall be forwarded to the board of
education by the chairperson of the executive
committee for final action of the board of education.
(c) Prior to the
presentation of any proposal to the board of governors, the committee
shall fully examine its impact on public education,
including, but not limited to, its impact on
educational budgetary requirements, quality of
education and elimination of unnecessary
duplication. The chairperson of the committee may
invite additional participation by faculty and
other employees when he or she deems it necessary.
16-97-4. Change of
former names. – Effective January 1, 2013, the term “
Board of Education” shall be used in lieu of any then
existing law reference made to the board of
regents for elementary and secondary education and/or
the board of governors for higher
education.
16-97-5.
Abolishment of boards. – The board of governors for higher education
established in chapter 16-59 and the board of regents
for elementary and secondary education
established in chapter 16-60 shall cease to exist as
of January 1, 2013.
16-97-6. Reporting
requirements. – The board shall submit periodic reports to the
speaker of the house, senate president, chairs of the
house and senate finance committees and
their respective fiscal advisors, the chair of the
house health, education and welfare committee,
and chair of the senate education committee on its
progress towards implementation of this
chapter. The first report shall be submitted no later
than April 1, 2013 and quarterly thereafter
until January 1, 2014. It shall submit a report
annually thereafter through 2018.
SECTION 4. Section
42-35-18 of the General Laws in Chapter 42-35 entitled
"Administrative Procedures" is hereby
amended to read as follows:
42-35-18.
Effective date of chapter -- Scope of application and exemptions. --
(a) This
chapter shall take effect upon January 1, 1964, and
thereupon all acts and parts of acts
inconsistent herewith shall stand repealed; provided,
however, that except as to proceedings
pending on June 30, 1963, this chapter shall apply to
all agencies and agency proceedings not
expressly exempted.
(b) None of the
provisions of this chapter shall apply to the following sections and
chapters:
(1) Section 16-32-10 (
(2) Chapter 41 of title
16 (New England Higher Education Compact);
(3) Section 16-33-6 (
(4) Chapter 16 of title
23 (Health Facilities Construction Act);
(5) Chapter 8 of title
20 (Atlantic States Marine Fisheries Compact);
(6) Chapter 38 of title
28 (Dr. John E. Donley Rehabilitation Center);
(7) Chapter 7 of title
17 (State Board of Elections);
(8) Chapter 16 of title
8 (Judicial Tenure and Discipline);
(9) Chapter 61 of title
42 (State Lottery);
(10) Chapter 59 of
title 16 (Board of Governors for Higher Education);
(11) Chapter
60 of title 16 (Board of Regents for Elementary and Secondary Education);
(12) (10)
Chapter 24.4 of title 45 (Special Development Districts);
(13) (11)
Chapter 12 of title 35 (The University of Rhode Island Research Corporation).
(c) The provisions of
sections 42-35-9, 42-35-10, 42-35-11, 42-35-12 and 42-35-13 shall
not apply to:
(1) Any and all acts,
decisions, findings, or determinations by the board of review of the
department of labor and training or the director of
the department of labor and training or his, her,
its or their duly authorized agents and to any and all
procedures or hearings before and by the
director or board of review of the department of labor
and training or his or her agents under the
provisions of chapters 39 -- 44 of title 28.
(2) Section 28-5-17
(Conciliation of charges of unlawful practices).
(3) Chapter 8 of title
13 (Parole).
(4) Any and all acts,
decisions, findings or determinations by the administrator of the
division of motor vehicles or his or her duly
authorized agent and to any and all procedures or
hearings before and by said administrator or his or
her said agent under the provisions of chapters
10, 11, 31 to 33, inclusive, of title 31.
(5) Procedures of the
board of examiners of hoisting engineers under chapter 26 of title
28.
(6) Any and all acts,
decisions, findings, or determinations made under authority from
the provisions of chapters 29 -- 38 of title 28,
concerning workers' compensation administration,
procedure and benefits.
SECTION
5. Title 35 of the General Laws entitled “PUBLIC FINANCE” is hereby
amended by adding thereto
the following chapter:
CHAPTER
35-1.1
OFFICE
OF MANAGEMENT AND BUDGET
35-1.1-1.
Statement of intent. -- The purpose of this chapter is to establish
a
comprehensive public finance and management system for
the State of Rhode Island that
manages a data-driven budget process, monitors state
departments’ and agencies’ performance,
maximizes the application for and use of federal
grants and ensures accountability and
transparency regarding the use of public funds.
35-1.1-2.
Establishment of the office of management and budget. -- There is
hereby
established within the department of administration an
office of management and budget. This
office shall serve as the principal agency of the
executive branch of state government for
managing budgetary functions, performance management,
and federal grants management. In this
capacity, the office shall:
(1) Establish an
in-depth form of data analysis within and between departments and
agencies, creating a more informed process for
resource allocation to best meet the needs of
(2) Identify federal grant
funding opportunities to support the Governor’s and General
Assembly’s major policy initiatives and provide
technical assistance with the application process
and post-award grants management;
(3) Analyze federal
budgetary issues and report on potential impacts to the state;
(4) Coordinate the
budget functions of the state with performance management
objectives;,
(5) Maximize
efficiencies in departments, agencies, advisory councils and
instrumentalities of the State by improving processes
and prioritizing programs;
(6) Upon the written
request of the governor, the director of the department of
administration, or the director of the office of
management and budget, the office shall conduct
audits, provide management advisory and consulting
services, or conduct investigations relative
to the financial affairs or the efficiency of
management, or both, of any state department or
agency. The office may from time to time make such
investigations and additional reports to the
governor, the director of the department of
administration or the director of the office of
management and budget shall deem necessary or
advisable.
35-1.1-3. Director
of management and budget – Appointment and responsibilities. –
(a) Within the department of administration there
shall be a director of management and budget,
who shall be appointed by the director of
administration with the approval of the governor. The
director shall be responsible to the governor and
director of administration for supervising the
office of management and budget and for managing and
providing strategic leadership and
direction to the budget officer, the performance
management office, and the federal grants
management office.
(b) The director of
management and budget shall be responsible to:
(1) Oversee,
coordinate and manage the functions of the budget officer as set forth by
section 35-3, program performance management as set
forth by section 35-3-24.1, approval of
agreements with federal agencies defined by section
35-3-25 and budgeting, appropriation and
receipt of federal monies as set forth by chapter
42-41;
(2)Manage federal
fiscal proposals and guidelines, and serve as the State Clearinghouse
for the application of federal grants; and,
(3) Maximize the
indirect cost recoveries by state agencies set forth by section 35-4-23.1.
35-1.1-4. Offices
and functions assigned to the office of management and budget –
Powers and duties. – (a) The offices assigned to the office of
management and budget include
the budget office, the performance management office
and the federal grants management office.
(b) The offices
assigned to the office of management and budget shall:
(1) Exercise their
respective powers and duties in accordance with their statutory
authority and the general policy established by the
governor or by the director acting on behalf of
the governor or in accordance with the powers and
authorities conferred upon the director by this
chapter;
(2) Provide such
assistance or resources as may be requested or required by the governor
and/or the director;
(3) Provide such
records and information as may be requested or required by the
governor and/or the director, to the extent allowed
under the provisions of any applicable general
or public law, regulation, or agreement relating to
the confidentiality, privacy or disclosure of
such records or information; and,
(c) Except as
provided herein, no provision of this chapter or application thereof shall be
construed to limit or otherwise restrict the budget
officer from fulfilling any statutory requirement
or complying with any valid rule or regulation.
35-1.1-5. Federal
grants management. -- (a) The office of management and budget
shall be responsible for managing federal grant
applications, providing administrative assistance
to agencies regarding reporting requirements,
providing technical assistance and approving
agreements with federal agencies pursuant to section
35-1-1. The director shall:
(1) Establish state
goals and objectives for maximizing the utilization of federal aid
programs;
(2) Ensure that the
state establishes and maintains statewide federally-mandated grants
management processes and procedures as mandated by the
federal Office of Management and
Budget;
(3) Promulgate
procedures and guidelines for all state departments, agencies, advisory
councils, instrumentalities of the state and public
higher education institutions covering
applications for federal grants;
(4) Require, upon
request, any state department, agency, advisory council,
instrumentality of the state or public higher
education institution receiving a grant of money from
the federal government to submit a report to the
director of expenditures and program measures
for the fiscal period in question;
(5) Ensure state
departments and agencies adhere to the requirements of section 42-41-
5 regarding Legislative appropriation authority
and delegation thereof;
(6) Assist the state
controller in managing and overseeing the disbursements of federal
funds in accordance with section 35-6-42;
(7) Assist the state
controller in the preparation of the statewide cost allocation plan and
serve as the monitoring agency to ensure that state
departments and agencies are working within
the guidelines contained in the plan; and,
(8) Provide technical
assistance to agencies to ensure resolution and closure of all single
state audit findings and recommendations made by the
Auditor General related to Federal
funding.
(b) The office of
management and budget shall serve as the State Clearinghouse for
purposes of coordinating federal grants, aid and
assistance applied for and/or received by any
state department, agency, advisory council or
instrumentality of the state. Any state department,
agency, advisory council, or instrumentality of the
state applying for federal funds, aids, loans, or
grants shall file a summary notification of the
intended application with the director.
(1) When as a
condition to receiving federal funds, the state is required to match the
federal funds, a statement shall be filed with the
notice of intent or summary of the application
stating:
(i)
The amount and source of state funds needed for matching purposes;
(ii) The length of
time the matching funds shall be required;
(iii) The growth of
the program;
(iv) How the program
will be evaluated;
(v) What action will
be necessary should the federal funds be canceled, curtailed, or
restricted; and,
(vi) Any other
financial and program management data required by the office or by law.
(2) Except as
otherwise required, any application submitted by an executive agency for
federal funds, aids, loans, or grants which will
require state matching or replacement funds at the
time of application or at any time in the future, must
be approved by the director or their
designated agents prior to its filing with the
appropriate federal agency. Any application
submitted by an executive agency for federal funds,
aids, loans, or grants which will require state
matching or replacement funds at the time of
application or at any time in the future, when funds
have not been appropriated for that express purpose,
must be approved by the General Assembly
in accordance with section 42-41-5. When the general
assembly is not in session, the application
shall be reported to and reviewed by the Director
pursuant to rules and regulations promulgated
by the Director.
(3) When any federal
funds, aids, loans, or grants are received by any state department,
agency, advisory council or instrumentality of the
state, a report of the amount of funds received
shall be filed with the office; and this report shall
specify the amount of funds which would
reimburse an agency for indirect costs, as provided
for under federal OMB Circular A-87.
(4) The director may
refuse to issue approval for the disbursement of any state or federal
funds from the State Treasury as the result of any
application which is not approved as provided
by this section, or in regard to which the statement
or reports required by this section were not
filed.
(5) The director
shall be responsible for the orderly administration of this section and for
issuing the appropriate guidelines and regulations
from each source of funds used.
35-1.1-6. Office
of Management and Budget expenses. -- (a) There is created a
restricted receipt account for the office of
management and budget to be known as OMB
administrative expense account. Payments from the
account shall be limited to expenses for
administrative oversight and management of federal and
state funds received by the state
agencies.
(b) All amounts
deposited in the office of management and budget accounts shall be
exempt from the indirect cost recovery provisions of
section 35-4-27.
(c) The office of
management and budget is authorized to receive indirect costs on federal
funds to cover oversight expenses.
35-1.1-7.
Appointment of employees. – The director of administration, subject
to the
provisions of applicable state law, shall be the
appointing authority for all employees of the office
of management and budget. The director of
administration may delegate this function to such
subordinate officers and employees of the office as
may to him or her seem feasible or desirable.
35-1.1-8.
Appropriations and disbursements. – The general assembly shall
annually
appropriate such sums as it may deem necessary for the
purpose of carrying out the provisions of
this chapter. The state controller is hereby
authorized and directed to draw his or her orders upon
the general treasurer for the payment of such sum or
sums, or so much thereof as may from time
to time be required, upon receipt by him or her of
proper vouchers approved by the director of the
office of management and budget, or his or her
designee.
35-1.1-9.
Cooperation of other state executive branch agencies. – (a) The
departments
and other agencies of the state of the executive
branch that have not been assigned to the
executive office of management and budget under this
chapter shall assist and cooperate with the
executive office as may be required by the governor
and/or requested by the director of
management and budget, this assistance may include,
but not be limited to, utilizing staff
resources from other departments or agencies for
special projects within a defined period of time
to improve processes within agencies and/or lead to
cost savings.
(b) Within thirty
(30) days following the date of the issuance of a final audit report
completed pursuant to subdivision 35-1.1-2(6) , the
head of the department, agency or private
entity audited shall respond in writing to each
recommendation made in the final audit report.
This response shall address the department's, agency's
or private entity's plan of implementation
for each specific audit recommendation and, if
applicable, the reasons for disagreement with any
recommendation proposed in the audit report. Within
one year following the date on which the
audit report was issued, the office may perform a
follow-up audit for the purpose of determining
whether the department, agency or private entity has
implemented, in an efficient and effective
manner, its plan of action for the recommendations
proposed in the audit report.
35-1.1-10.
Organizational reviews and special initiatives. – (a) The director
of the
office of management and budget is hereby directed to
conduct research and analysis to study the
programs of the department of transportation and other
quasi-transportation related agencies not
limited to bridge, vehicle and winter maintenance
efficiencies and effectiveness. The director of
the office of management and budget is authorized to
consult with the appropriate federal
agencies and departments that provide funds to, or
delegate authority to, the state department of
transportation and other quasi-transportation related
agencies.
(b) This plan shall
address the goal of improving efficiency of transportation programs;
identifying similar programs that are being performed.
(c) The office of
management and budget is directed to report findings,
recommendations, and alternative designs to the
governor and general assembly no later than
November 1, 2012 with copies to the governor, speaker
of the house, senate president, chairs of
the house and senate finance committees and their
respective fiscal advisors.
(d) The report shall
include a strategic plan that outlines the mission, goals, the estimated
cost and timelines to implement said recommendations,
and the federal and state mandates
associated with the current programs. The report shall
provide a clear definition of roles and
responsibilities, including those responsible for implementing
the proposed recommendations.
The analysis shall develop outcome measures and an
appropriate timeline to measure
implementation progress. It shall also include:
(1) An examination of
the various organizational structures in other states, evaluating
their strengths and weaknesses, and how they may or
may not be applicable in
should include an evaluation of the best practices
regarding efficiencies.
(2) An analysis of
what programs and responsibilities could be more efficiently
implemented and managed. This should include, but not
be limited to, strategies to reorganize and
or centralize transportation programs.
(3) An evaluation of
the federal, state and other revenues that support these programs,
and the impacts on revenues and expenses associated
with the alternatives and recommendations.
(e) The department of
transportation and other quasi-transportation related agencies shall
furnish such advice and information, documentary or
otherwise, to the director of the office of
management and budget as is deemed necessary or
desirable to facilitate the purposes of the
study.
35-1.1-11. Rules
and regulations. – The office of management and budget shall be
deemed an agency for purposes of section 42-35-1, et
seq. of the
director shall make and promulgate such rules and
regulations, and establish fee schedules not
inconsistent with state law and fiscal policies and
procedures as he or she deems necessary for the
proper administration of this chapter and to carry out
the policy and purposes thereof.
35-1.1-12.
Severability. – If any provision of this chapter or the application
thereof to
any person or circumstance is held invalid, such
invalidity shall not effect other provisions or
applications of the chapter, which can be given effect
without the invalid provision or application,
and to this end the provisions of this chapter are
declared to be severable.
SECTION
6. Section 35-1-1 of the General Laws in Chapter 35-1 entitled “Fiscal
Functions of Department of
Administration” is hereby amended to read as follows:
35-1-1. Approval
of agreements with federal agencies. – No department or agency of
the state shall enter into an agreement with a federal
agency involving state funds without the
approval of the director of administration or the
director's director of the office of management
and budget or his or her duly authorized agents.
SECTION
7. Sections 35-3-1 and 35-3-24.1 of the General Laws in Chapter 35-3
entitled
“State Budget” are hereby
amended to read as follows:
35-3-1. Budget
officer – General powers and duties. – (a) Within the department of
administration
office of management and budget there shall be a budget officer who
shall be
appointed by the director of administration with the
approval of the governor. The budget officer
shall be required to:
(1) Exercise budgetary
control over all state departments and agencies and perform
management analyses;
(2) Operate an
appropriation allotment system;
(3) Prepare the annual
budget of the receipts and expenditures of the state;
(4) Develop long term
activity and financial programs, particularly capital improvement
programs;
(5) Approve or
disapprove all requests for new personnel and to investigate periodically
the need of all existing positions in the state
service and report thereon to the director of
administration; and
(6) Prepare a five (5)
year financial projection of anticipated general revenue receipts and
expenditures, including detail of principal revenue
sources and expenditures by major program
areas, which projection shall be included in the
budget submitted to the general assembly
pursuant to § 35-3-7.
(b) The budget officer
may approve or disapprove requisitions for equipment, materials,
and supplies.
(c) The budget officer's
duties and powers relating to budgetary controls and personnel
requests of the legislative and judicial departments
shall be purely ministerial, concerned only
with the availability of the funds, and in no event
shall the budget officer interpose his or her
judgment regarding the wisdom or expediency of items
of expenditure.
35-3-24.1 Program
performance measurement. – (a) Beginning with the fiscal year
ending June 30, 1997, the governor shall submit, as
part of each budget submitted to the general
assembly pursuant to § 35-3-7, performance objectives
for each program in the budget for the
ensuing fiscal year, estimated performance data for
the fiscal year in which the budget is
submitted, and actual performance data for the
preceding two (2) completed fiscal years.
Performance data shall include efforts at achieving
equal opportunity hiring goals as defined in
the department's annual affirmative action plan. The
governor shall, in addition, recommend
appropriate standards against which to measure program
performance. Performance in prior years
may be used as a standard where appropriate. These
performance standards shall be stated in
terms of results obtained.
(b) The governor may
submit, in lieu of any part of the information required to be
submitted pursuant to subsection (a), an explanation
of why the information cannot, as a practical
matter be submitted.
(c)(1) The office of
management and budget shall be responsible for managing and
collecting program performance measures on behalf of
the governor. The office is authorized to
conduct performance reviews and audits of agencies to
determine progress towards achieving
performance objectives for programs.
(2) In order to
collect performance measures from agencies, review performance and
provide recommendations the office of budget and
management is authorized to coordinate with
the bureau of audits regarding the findings and
recommendations that result from audits
conducted by the bureau.
SECTION
8. Section 36-4-2 of the General Laws in Chapter 36-4 entitled “Merit
System” is hereby amended
to read as follows:
36-4-2. Positions
in unclassified service. – The classified service shall comprise all
positions in the state service now existing or
hereinafter established, except the following specific
positions which with other positions heretofore or
hereinafter specifically exempted by legislative
act shall constitute the unclassified service:
(1) Officers and
legislators elected by popular vote and persons appointed to fill
vacancies in elective offices.
(2) Employees of both houses
of the general assembly.
(3) Officers,
secretaries, and employees of the office of the governor, office of the
lieutenant governor, department of state, department
of the attorney general, and the treasury
department.
(4) Members of boards
and commissions appointed by the governor, members of the state
board of elections and the appointees of the board,
members of the commission for human rights
and the employees of the commission, and directors of
departments.
(5) The following specific
offices:
(i)
In the department of administration: director, chief information officer,
director of
office of management and budget, and director of
performance management;
(ii) In the department
of business regulation: director;
(iii) In the department
of elementary and secondary education: commissioner of
elementary and secondary education;
(iv) In the department
of higher education: commissioner of higher education;
(v) In the department of
health: director;
(vi) In the department
of labor and training: director, administrative assistant,
administrator of the labor board and legal counsel to
the labor board;
(vii) In the department
of environmental management: director;
(viii) In the department
of transportation: director;
(ix) In the department
of human services: director and director of veterans' affairs;
(x) In the state
properties committee: secretary;
(xi) In the workers'
compensation court: judges, administrator, deputy administrator,
clerk, assistant clerk, clerk secretary;
(xii) In the division of
elderly affairs: director;
(xiii) In the department
of behavioral healthcare, developmental disabilities and hospitals:
director;
(xiv) In the department
of corrections: director, assistant director (institutions/operations),
assistant director (rehabilitative services),
assistant director (administration), and wardens;
(xv) In the department
of children, youth and families: director, one assistant director,
one associate director, and one executive director;
(xvi) In the public
utilities commission: public utilities administrator;
(xvii) In the water
resources board: general manager;
(xviii) In the human
resources investment council: executive director.
(xix) In the office of
health and human services: secretary of health and human services.
(6) Chief of the
hoisting engineers, licensing division, and his or her employees;
executive director of the veterans memorial building
and his or her clerical employees.
(7) One confidential
stenographic secretary for each director of a department and each
board and commission appointed by the governor.
(8) Special counsel,
special prosecutors, regular and special assistants appointed by the
attorney general, the public defender and employees of
his or her office, and members of the
authority.
(9) The academic and/or
commercial teaching staffs of all state institution schools, with
the exception of those institutions under the
jurisdiction of the board of regents for elementary
and secondary education and the board of governors for
higher education.
(10) Members of the
military or naval forces, when entering or while engaged in the
military or naval service.
(11) Judges, referees,
receivers, clerks, assistant clerks, and clerical assistants of the
supreme, superior, family, and district courts, the
traffic tribunal, security officers of the traffic
tribunal, jurors and any persons appointed by any
court.
(12) Election officials
and employees.
(13) Executive high
sheriff, chief deputy sheriff, sheriffs, deputy sheriffs, and other
employees of the sheriffs division within the
department of public safety.
(14) Patient or inmate
help in state charitable, penal, and correctional institutions and
religious instructors of these institutions and
student nurses in training, residents in psychiatry in
training, and clinical clerks in temporary training at
the institute of mental health within the state
of
(15)(i)
Persons employed to make or conduct a temporary and special inquiry,
investigation, project or examination on behalf of the
legislature or a committee therefor, or on
behalf of any other agency of the state if the
inclusion of these persons in the unclassified service
is approved by the personnel administrator. The
personnel administrator shall notify the house
fiscal advisor and the senate fiscal advisor whenever
he or she approves the inclusion of a person
in the unclassified service.
(ii) The duration of the
appointment of a person, other than the persons enumerated in
this section, shall not exceed ninety (90) days or
until presented to the department of
administration. The department of administration may
extend the appointment another ninety (90)
days. In no event shall the appointment extend beyond
one hundred eighty (180) days.
(16) Members of the
division of state police within the department of public safety.
(17) Executive secretary
of the
(18) Artist and curator
of state owned art objects.
(19) Mental health
advocate.
(20) Child advocate.
(21) The position of
aquaculture coordinator and marine infrastructure specialist within
the coastal resources management council.
(22) Employees of the
office of the health insurance commissioner.
(23) In the department
of revenue: the director, secretary, attorney.
(24) In the department
of public safety: the director.
SECTION
9. Section 42-11-2.4 of the General Laws in Chapter 42-11 entitled
"Department of
Administration" is hereby amended to read as follows:
created as a separate fund within the treasury to be
known as the state fleet replacement revolving
loan fund which shall be administered by the general
treasurer in accordance with the same laws
and fiscal procedures as the general funds of the
state. This fund, hereafter referred to as the
"revolving loan fund", shall consist of such
sums as the state may from time to time appropriate,
as well as money received from the disposal of used
vehicles, loan, interest and service charge
payments from benefiting state agencies, as well as
interest earnings, money received from the
federal government, gifts, bequests, donations, or
otherwise from any public or private source.
(b) This fund shall be
used for the purpose of acquiring motor vehicles, both new and
used, and vehicle-related equipment and attachments
for state departments and agencies.
(c) The proceeds from
the repayment of any loans made for the purposes authorized
under this chapter shall be deposited in and returned
to the revolving loan fund in order to
constitute a continuing revolving fund for the
purposes listed above.
(d) The office of state
fleet operations of the
shall adopt rules and regulations consistent with the
purposes of this chapter and chapter 35 of
title 42, in order to provide for the orderly and
equitable disbursement and repayment of funds
from the revolving loan fund.
(e) Provided;
however, a total of four million two hundred thousand dollars ($4,200,000)
shall be made available for the required twenty
percent (20%) match for the
Transit Authority to obtain federal funds to purchase
buses through FY 2017.
SECTION
10. Chapter 42-11 of the General Laws entitled, “Department of
Administration” is hereby
amended by adding thereto the following section:
42-11-2.6. Office
of Digital Excellence established.-- (a) Within the department there
shall be established the Office of Digital Excellence.
The purposes of the office shall be to move
RI state government into the 21st century through the
incorporation of innovation and modern
digital capabilities throughout state government and
to leverage technology to expand and
improve the quality of services provided to RI
citizens, to promote greater access to government
and the internet throughout cities and towns, and to
position Rhode Island as a national leader in
e-government.
(b) Within the office
there shall be a chief digital officer who shall be appointed by the
director of administration with the approval of the
governor and who shall be in the unclassified
service. The chief digital officer shall be required
to:
(1) Manage the
implementation of all new and mission critical technology infrastructure
projects and upgrades for state agencies. The division
of information technology established
pursuant to executive order 04-06 shall continue to manage
and support all day-to-day operations
of the state’s technology infrastructure,
telecommunications, and associated applications;
(2) Increase the
number of government services that can be provided online in order to
allow residents and businesses to complete
transactions in a more efficient and transparent
manner;
(3) Improve the
state’s websites to provide timely information to online users and as
many government services as possible online; and
(4) Establish,
improve and enhance the state’s use of social media and mobile
technological applications.
(c) The office shall
coordinate its efforts with the division of information technology in
order to plan, allocate and implement projects
supported by the information technology
investment fund established pursuant to 42-11-2.5.
(d) All intellectual
property created as a result of work undertaken by employees of the
office shall remain the property of the state of
patents applied for shall be in the name of the state.
(e) The director of
administration may promulgate rules and regulations recommended by
the chief digital officer in order to effectuate the
purposes and requirements of this act.
(f) The chief digital
officer shall report no later than January 31, 2013 and every January
31 thereafter to the governor, the speaker of the
house of representatives and the senate president
regarding the implementation status of all technology
infrastructure projects, website
improvements, number of e-government transactions and
revenues generated, projects supported
by the information technology investment fund and all
other activities undertaken by the office.
The annual report shall be posted on the office’s
website.
SECTION
11. Chapter 42-12 of the General Laws entitled “Department of Human
Services” is hereby amended
by adding thereto the following section:
42-12-1.5.
Transfer of functions from the office of energy resources. – (a)
There is
hereby transferred from the office of energy resources
to the department of human services the
administration, management, all functions and
resources associated with :
(1) The federal
low-income home energy assistance program (LIHEAP), which provides
heating assistance to eligible low-income persons and
any state funded or privately funded
heating assistance program of a similar nature
assigned to it for administration;
(2) The
weatherization assistance program, which offers home weatherization grants and
heating system upgrades to LIHEAP eligible households;
and,
(3) The emergency
fuel program, which provides oil deliveries to families experiencing a
heating emergency.
(b) The department is
authorized to request advisory assistance from the office of energy
resources in order to maintain continuity of
assistance provided to LIHEAP eligible households
pursuant to section 39-2-1(d).
SECTION
12. Sections 23-82-3, 23-82-4 and 23-82-6 of the General Laws in Chapter 23-
82 entitled
"Implementation of the Regional Greenhouse Gas Initiative Act" are
hereby amended
to read as follows:
23-82-3.
Definitions. -- As used in this chapter:
(1)
"Allowance" means an authorization to emit a fixed amount of carbon
dioxide;
(2) (4)
"Department" means department of environmental management;
(3) (6)
"Regional greenhouse gas initiative" or "RGGI" means the
memorandum of
understanding (MOU) dated December 20, 2005, as may be
amended, and corresponding model
rule, as may be amended, that establishes an electric
power sector carbon emissions cap and trade
program.
(4) (5)
"Office" means the office of energy resources; and
(5) (3)
"Council" means the energy efficiency and resources management
council.
(6)
(2) "Board" means the renewable energy coordinating board established
pursuant to
chapter 42-140.3.
23-82-4. Regional
greenhouse gas initiative implementation. -- (a) The department
shall, in consultation with the public utilities commission,
the office, and the council, and board,
through rules and regulations, establish the state's
rules for participation in RGGI.
(b) The department's
rules and regulations for participation in a carbon cap and trade
program shall be designed to meet the mutual
understandings and commitments for participation
in RGGI, and permit the holders of carbon allowances
to trade them in a regional market to be
established through the RGGI.
(c) The department's
rules and regulations shall ensure that the carbon allowances under
this program and the revenues associated with their
sale are used exclusively for the purposes
contained in this legislation.
(d)(c)
The responsibilities created by implementing RGGI shall be in addition to all other
responsibilities imposed by any other general or
special law or rule or regulation and shall not
diminish or reduce any power or authority of the
department, including the authority to adopt
standards and regulations necessary for the state to join
and fully participate in any multi-state
program, at any stage in the development and
implementation of such a program, intended to
control emissions of carbon dioxide and/or other
substances that are determined by the
department to be damaging and/or altering the climate.
23-82-6. Use of
auction or sale proceeds. -- (a) The proceeds from the auction or sale
of
the allowances shall be used for the benefit of energy
consumers through investment in the most
cost-effective available projects that can reduce
long-term consumer energy demands and costs.
Such proceeds may be used only for the following
purposes, in a proportion to be determined
annually by the office in consultation with the
council and the department board:
(1) Promotion of
cost-effective energy efficiency and conservation in order to achieve
the purposes of section 39-1-27.7;
(2) Promotion of
cost-effective renewable non-carbon emitting energy technologies in
Rhode
Island general law section 39-26-5 and
to achieve the purposes
of chapter 39-26 entitled "Renewable Energy
Standard";
(3) Cost-effective
direct rate relief for consumers;
(4) Direct rate relief
for low-income consumers;
(5) Reasonable
compensation to an entity selected to administer the auction or sale; and
(6) Reasonable costs of
the department and office in administering this program, which
shall not in any year exceed three hundred thousand
dollars ($300,000) or five percent (5%) of
the proceeds from sale or auction of the allowances,
whichever is less. Administrative funds not
expended in any fiscal year shall remain in the
administrative account to be used as needed in
subsequent years. The office of energy resources shall
have the ability to apply administrative
funds not used in a fiscal year to achieve the purpose
of this section. The funds deposited into the
administrative funds account shall be exempt from the
indirect cost recovery provisions of section
35-4-27.
(b) Any interest earned
on the funds so generated must be credited to the fund. Funds not
spent in any fiscal year shall remain in the fund to
be used for future energy efficiency and carbon
reduction programs.
(c) Annually, the
office, in consultation with the department and the council and board,
shall prepare a draft proposal on how the proceeds
from the allowances shall be allocated. The
draft proposal shall be designed to augment and
coordinate with existing energy efficiency and
renewable energy low-income programs, and shall
not propose use of auction proceeds for
projects already funded under other programs. The
proposal for allocation of proceeds in
subsections 23-82-6(1), (2) and (3) shall be one that
best achieves the purposes of the law,
namely, lowering carbon emissions and minimizing costs
to consumers over the long term. The
office shall hold a public hearing and accept public
comment on the draft proposal in accordance
with chapter 42-35 (the "Administrative Procedure
Act"). Once the proposal is final, the
department office
shall authorize the disbursement of funds in accordance with the final plan.
(d) The office shall
prepare, in consultation with the department and the council and
board, a
report by January 1st April 15th of each year describing the
implementation and operation
of RGGI, the revenues collected and the expenditures,
including funds that were allocated to the
energy efficiency and renewable energy programs, and
the individuals, businesses and vendors
that received funding, made under this section, the statewide energy
efficiency and carbon
reduction programs, and any recommendations for
changes to law relating to the state's energy
conservation or carbon reduction efforts. The report
shall be made public and be posted
electronically on the website of the office of energy
resources and shall also be submitted
to the
general assembly.
SECTION
13. Section 39-1-27.7 of the General Laws in Chapter 39-1 entitled "Public
Utilities Commission"
is hereby amended to read as follows:
39-1-27.7. System
reliability and least-cost procurement. -- Least-cost procurement
shall comprise system reliability and energy
efficiency and conservation procurement as provided
for in this section and supply procurement as provided
for in section 39-1-27.8, as complementary
but distinct activities that have as common purpose
meeting electrical and natural gas energy
needs in
environmentally responsible.
(a) The commission
shall establish not later than June 1, 2008, standards for system
reliability and energy efficiency and conservation
procurement, which shall include standards and
guidelines for:
(1) System reliability
procurement, including but not limited to:
(i)
Procurement of energy supply from diverse sources, including, but not limited
to,
renewable energy resources as defined in chapter 26 of
this title;
(ii) Distributed
generation, including, but not limited to, renewable energy resources and
thermally leading combined heat and power systems,
which is reliable and is cost-effective, with
measurable, net system benefits;
(iii) Demand response,
including, but not limited to, distributed generation, back-up
generation and on-demand usage reduction, which shall
be designed to facilitate electric customer
participation in regional demand response programs,
including those administered by the
independent service operator of
system reliability benefits through load control or
using on-site generating capability;
(iv) To effectuate the
purposes of this division, the commission may establish standards
and/or rates (A) for qualifying distributed
generation, demand response, and renewable energy
resources; (B) for net-metering; (C) for back-up power
and/or standby rates that reasonably
facilitate the development of distributed generation;
and (D) for such other matters as the
commission may find necessary or appropriate.
(2) Least-cost
procurement, which shall include procurement of energy efficiency and
energy conservation measures that are prudent and
reliable and when such measures are lower
cost than acquisition of additional supply, including
supply for periods of high demand.
(b) The standards and
guidelines provided for by subsection (a) shall be subject to
periodic review and as appropriate amendment by the
commission, which review will be
conducted not less frequently than every three (3)
years after the adoption of the standards and
guidelines.
(c) To implement the
provisions of this section:
(1) The commissioner of
the office of energy resources and the energy efficiency and
resources management council, either or jointly or
separately, shall provide the commission
findings and recommendations with regard to system
reliability and energy efficiency and
conservation procurement on or before March 1, 2008,
and triennially on or before March 1,
thereafter through March 1, 2017. The report shall
be made public and be posted electronically on
the website to the office of energy resources.
(2) The commission
shall issue standards not later than June 1, 2008, with regard to
plans for system reliability and energy efficiency and
conservation procurement, which standards
may be amended or revised by the commission as
necessary and/or appropriate.
(3) The energy
efficiency and resources management council shall prepare by July 15,
2008, a reliability and efficiency procurement
opportunity report which shall identify
opportunities to procure efficiency, distributed
generation, demand response and renewables,
which report shall be submitted to the electrical
distribution company, the commission, the office
of energy resources and the joint committee on energy.
(4) Each electrical and
natural gas distribution company shall submit to the commission
on or before September 1, 2008, and triennially on or
before September 1, thereafter through
September 1, 2017, a plan for system reliability and
energy efficiency and conservation
procurement. In developing the plan, the distribution
company may seek the advice of the
commissioner and the council. The plan shall include
measurable goals and target percentages for
each energy resource, pursuant to standards
established by the commission, including efficiency,
distributed generation, demand response, combined heat
and power, and renewables. The plan
shall be made public and be posted electronically on
the website to the office of energy resources,
and shall also be submitted to the general assembly.
(5) The commission
shall issue an order approving all energy efficiency measures that
are cost effective and lower cost than acquisition of
additional supply, with regard to the plan
from the electrical and natural gas distribution
company, and reviewed and approved by the
energy efficiency and resources management council,
and any related annual plans, and shall
approve a fully reconciling funding mechanism to fund
investments in all efficiency measures
that are cost effective and lower cost than
acquisition of additional supply, not greater than sixty
(60) days after it is filed with the commission.
(6) Each electrical and
natural gas distribution company shall provide a status report,
which shall be public, on the implementation of least
cost procurement on or before December
15, 2008, and on or before February 1, 2009, to the
commission, the division, the commissioner
of the office of energy resources and the energy
efficiency and resources management council
which may provide the distribution company
recommendations with regard to effective
implementation of least cost procurement. The report
shall include the targets for each energy
resource included in the order approving the plan and
the achieved percentage for energy
resource, including the achieved percentages for
efficiency, distributed generation, demand
response, combined heat and power, and renewables as well as the current funding allocations
for
each eligible energy resource and the businesses and
vendors in
programs. The report shall be posted electronically on
the website of the office of energy resources.
(d) If the commission
shall determine that the implementation of system reliability and
energy efficiency and conservation procurement has
caused or is likely to cause under or over-
recovery of overhead and fixed costs of the company
implementing said procurement, the
commission may establish a mandatory rate adjustment
clause for the company so affected in
order to provide for full recovery of reasonable and
prudent overhead and fixed costs.
(e) The commission
shall conduct a contested case proceeding to establish a performance
based incentive plan which allows for additional
compensation for each electric distribution
company and each company providing gas to end-users
and/or retail customers based on the level
of its success in mitigating the cost and variability
of electric and gas services through
procurement portfolios.
SECTION
14. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled "Duties
of
Utilities and
Carriers" is hereby amended to read as follows:
39-2-1.2. Utility
base rate -- Advertising, demand side management and renewables.
-- (a)
In addition to costs prohibited in section 39-1-27.4(b), no public utility
distributing or
providing heat, electricity, or water to or for the
public shall include as part of its base rate any
expenses for advertising, either direct or indirect,
which promotes the use of its product or
service, or is designed to promote the public image of
the industry. No public utility may furnish
support of any kind, direct, or indirect, to any
subsidiary, group, association, or individual for
advertising and include the expense as part of its
base rate. Nothing contained in this section shall
be deemed as prohibiting the inclusion in the base
rate of expenses incurred for advertising,
informational or educational in nature, which is
designed to promote public safety conservation of
the public utility's product or service. The public
utilities commission shall promulgate such rules
and regulations as are necessary to require public
disclosure of all advertising expenses of any
kind, direct or indirect, and to otherwise effectuate
the provisions of this section.
(b) Effective as of
January 1, 2008, and for a period of ten (10) years thereafter, each
electric distribution company shall include charges
per kilowatt-hour delivered to fund demand
side management programs and 0.3 mills per
kilowatt-hour delivered to fund renewable energy
programs. The electric distribution company shall
establish and after July 1, 2007, maintain two
(2) separate accounts, one for demand side management
programs, which shall be administered
and implemented by the distribution company, subject
to the regulatory reviewing authority of the
commission, and one for renewable energy programs,
which shall be administered by the
economic development corporation pursuant to section
42-64-13.2 and, shall be held and
disbursed by the distribution company as directed by
the economic development corporation for
the purposes of developing, promoting and supporting
renewable energy programs.
During the ten (10)
year period the commission may, in its discretion, after notice and
public hearing, increase the sums for demand side
management and renewable resources;
thereafter, the commission shall, after notice and
public hearing, determine the appropriate charge
for these programs. The office of energy resources
and/or the administrator of the renewable
energy programs may seek to secure for the state an
equitable and reasonable portion of
renewable energy credits or certificates created by
private projects funded through those
programs. As used in this section, "renewable
energy resources" shall mean: (1) power generation
technologies as defined in section 39-26-5,
"eligible renewable energy resources", including off-
grid and on-grid generating technologies located in
development activities in
other renewable energy technologies for electrical
generation; or (3) projects and activities
directly related to implementing eligible renewable
energy resources projects in
Technologies for converting solar energy for space
heating or generating domestic hot water may
also be funded through the renewable energy programs,
so long as these technologies are installed
on housing projects that have been certified by the
executive director of the
and mortgage finance corporation as serving low-income
. Fuel cells may
be considered an energy efficiency technology to be
included in demand sided management
programs. Special rates for low-income customers in
effect as of August 7, 1996 shall be
continued, and the costs of all of these discounts
shall be included in the distribution rates
charged to all other customers. Nothing in this
section shall be construed as prohibiting an electric
distribution company from offering any special rates
or programs for low-income customers
which are not in effect as of August 7, 1996, subject
to the approval by the commission.
(c) On or before
November 15, 2008, the economic development corporation shall create
the municipal renewable energy investment program
utilizing the lesser of fifty percent (50%) or
one million dollars ($1,000,000) collected annually
from the .3 mils per kilo-watt hour charge for
renewable energy programs, to fund qualified municipal
renewable energy projects in accordance
with this chapter and the following provisions:
(1) The municipal
renewable energy investment programs shall be administered pursuant
to rules established by the economic development
corporation. Said rules shall provide
transparent criteria to rank qualified municipal
renewable energy projects, giving consideration
to:
(i)
the feasibility of project completion;
(ii) the anticipated
amount of renewable energy the project will produce;
(iii) the potential
of the project to mitigate energy costs over the life of the project; and
(iv) the estimated
cost per kilo-watt hour (kwh) of the energy produced
from the project.
Municipalities that have not previously received
financing from this program shall be given
priority over those municipalities that have received
funding under this program.
(2) Beginning on
January 1, 2009, the economic development corporation shall solicit
proposals from municipalities for eligible projects
and shall award grants, in accordance with the
rules and ranking criteria, of no more than five
hundred thousand dollars ($500,000) to each
eligible project.
(3) Any funds not
expended from the municipal renewable energy investment programs
in a given year shall remain in the fund and be added
to the balance to be distributed in the next
award cycle. For the purposes of this section,
qualified municipal renewable energy projects
means any project that produces renewable energy
resources and whose output of power and
other attributes is controlled in its entirety by at
least one
(d) On or before
November 15, 2008, the economic development corporation shall create
the nonprofit affordable housing renewable energy investment
program utilizing the lesser of ten
percent (10%) or two hundred thousand dollars
($200,000) collected annually from the.3 mils per
kilo-watt hour charge for renewable energy programs to
fund qualified nonprofit affordable
housing renewable energy projects in accordance with
this chapter and the following provisions:
(1) The nonprofit
affordable housing renewable energy investment programs shall be
administered pursuant to rules established by the
economic development corporation in
consultation with the . Said rules shall
provide transparent criteria to rank qualified nonprofit
affordable housing renewable energy
projects, giving consideration to:
(i)
the feasibility of project completion;
(ii) the anticipated
amount of renewable energy the project will produce;
(iii) the potential of
the project to mitigate energy costs over the life of the project; and
(iv) the estimated cost
per kilo-watt hour (kwh) of the energy produced from
the project.
Nonprofit affordable housing agencies that have not
previously received financing from this
program shall be given priority over those agencies
that have received funding under this
program.
(2) Beginning on January
1, 2009, the economic development corporation, in
consultation with the
proposals from eligible nonprofit housing agencies for
renewable energy projects and shall award
grants, in accordance with the rules and ranking
criteria. The economic development corporation
shall consult with the
making process and shall notify the corporation of the
awardees.
(3) Any funds not
expended from the affordable housing renewable energy investment
program in a given year shall remain in the fund and
be added to the balance to be distributed in
the next award cycle. For the purposes of this
section, "qualified nonprofit affordable housing
renewable energy projects" means any project that
produces renewable energy resources and
whose output of power and other attributes is
controlled in its entirety by at least one nonprofit
affordable housing development as defined in section
42-55-3 and is restricted to producing
energy for the nonprofit affordable housing
development.
(e)(d)
The executive director of the economic development corporation is authorized
and
may enter into a contract with a contractor for the cost
effective administration of the renewable
energy programs funded by this section. A competitive
bid and contract award for administration
of the renewable energy programs may occur every three
(3) years and shall include as a
condition that after July 1, 2008 the account for the
renewable energy programs shall be
maintained and administered by the economic
development corporation as provided for in
subdivision (b) above.
(f)(e)
Effective January 1, 2007, and for a period of eleven (11) years thereafter,
each gas
distribution company shall include, with the approval
of the commission, a charge per deca therm
delivered to demand side management programs,
including, but not limited to, programs for cost-
effective energy efficiency, energy conservation,
combined heat and power systems, and
weatherization services for low income households.
(g)(f)
The gas company shall establish a separate account for demand side management
programs, which shall be administered and implemented
by the distribution company, subject to
the regulatory reviewing authority of the commission.
The commission may establish
administrative mechanisms and procedures that are
similar to those for electric demand side
management programs administered under the jurisdiction
of the commissions and that are
designed to achieve cost-effectiveness and high
life-time savings of efficiency measures
supported by the program.
(h)(g)
The commission may, if reasonable and feasible, except from this demand side
management change charge:
(i)
gas used for distribution generation; and
(ii) gas used for the
manufacturing processes, where the customer has established a self-
directed program to invest in and achieve best
effective energy efficiency in accordance with a
plan approved by the commission and subject to
periodic review and approval by the
commission, which plan shall require annual reporting
of the amount invested and the return on
investments in terms of gas savings.
(i)(h)
The commission may provide for the coordinated and/or integrated administration
of electric and gas demand side management programs in
order to enhance the effectiveness of
the programs. Such coordinated and/or integrated
administration may after March 1, 2009, upon
the recommendation of the office of energy resources,
be through one or more third-party entities
designated by the commission pursuant to a competitive
selection process.
(j)(i) Effective January 1, 2007, the commission shall
allocate from demand-side
management gas and electric funds authorized pursuant
to this section 39-2-1.2, an amount not to
exceed two percent (2%) of such funds on an annual
basis for the retention of expert consultants,
and reasonable administrations costs of the energy efficiency
and resources management council
associated with planning, management, and evaluation
of energy efficiency programs, renewable
energy programs and , system reliability
least-cost procurement, and with regulatory proceedings,
contested cases, and other actions pertaining to the
purposes, powers and duties of the council,
which allocation may by mutual agreement, be used in
coordination with the office of energy
resources to support such activities.
(j) Effective January
1, 2013, the commission shall annually allocate from the
administrative funding amount allocated in (i) from the demand-side management program as
described in subsection (i)
as follows: sixty percent (60%) for the purposes identified in
subsection (i) and forty
percent (40%) annually to the office of energy resources for activities
associated with planning management, and evaluation of
energy efficiency programs, renewable
energy programs, system reliability, least-cost
procurement, and with regulatory proceedings,
contested cases, and other actions pertaining to the
purposes, powers and duties of the office of
energy resources.
(k) On April 15, of
each year the office and the council shall submit to the governor, the
president of the senate, and the speaker of the house
of representatives, separate financial and
performance reports regarding the demand-side
management programs, including the specific
level of funds that were contributed by the
residential, municipal, and commercial and industrial
sectors to the overall programs, the businesses,
vendors, and institutions that received funding
from demand-side management gas and electric funds
used for the purposes in section 39-2-1.2;
and the businesses, vendors, and institutions that
received the administrative funds for the
purposes in sections 39-2-1.2(i)
and 39-2-1.2(j). These reports shall be posted electronically on
the websites of the office of energy resources and the
energy efficiency resources management
council.
SECTION
15. Section 39-26-7 of the General Laws in Chapter 39-26 entitled
"Renewable Energy
Standard" is hereby amended to read as follows:
39-26-7. Renewable
energy development fund. -- (a) There is hereby authorized and
created within the economic development corporation a
renewable energy development fund for
the purpose of increasing the supply of NE-GIS
certificates available for compliance in future
years by obligated entities with renewable energy
standard requirements, as established in this
chapter. The fund shall be located at and administered
by the
development corporation in accrodance
accordance with section 42-64-13.2. The economic
development corporation shall:
Adopt plans and guidelines
for the management and use of the fund in accordance with
section 42-64-13.2, and
(b) The economic
development corporation shall enter into agreements with obligated
entities to accept alternative compliance payments,
consistent with rules of the commission and
the purposes set forth in this section; and
alternative compliance payments received pursuant to
this section shall be trust funds to be held and
applied solely for the purposes set forth in this
section.
(c) The uses of the
fund shall include but not be limited to:
(1) Stimulating
investment in renewable energy development by entering into
agreements, including multi-year agreements, for
renewable energy certificates;
(2) Establishing and
maintaining a residential renewable energy program using eligible
technologies in accordance with section 39-26-5;
(3) Providing
technical and financial assistance to municipalities for interconnection and
feasibility studies, and/or the installation of
renewable energy projects;
(2)(4)
Issuing assurances and/or guarantees to support the acquisition of renewable
energy certificates and/or the development of new
renewable energy sources for
(3)(5)
Establishing escrows, reserves, and/or acquiring insurance for the obligations
of
the fund;
(4)(6)
Paying administrative costs of the fund incurred by the economic development
corporation, the board of trustees, or the office of
energy resources, not to exceed ten percent
(10%) of the income of the fund, including, but not
limited to, alternative compliance payments.
All funds transferred from the economic development
corporation to support the office of energy
resources' administrative costs shall be deposited as
restricted receipts.
(d) NE-GIS certificates
acquired through the fund may be conveyed to obligated entities
or may be credited against the renewable energy
standard for the year of the certificate provided
that the commission assesses the cost of the certificates
to the obligated entity, or entities,
benefiting from the credit against the renewable
energy standard, which assessment shall be
reduced by previously made alternative compliance
payments and shall be paid to the fund.
SECTION
16. Section 42-64-13.2 of the General Laws in Chapter 42-64 entitled
"Rhode
Island Economic Development
Corporation" is hereby amended to read as follows:
42-64-13.2.
Renewable energy investment coordination. -- (a) Intent. - To develop
an
integrated organizational structure to secure for
cost-effective renewable energy development from
diverse sources.
(b) Definitions. - For
purposes of this section, the following words and terms shall have
the meanings set forth in RIGL 42-64-3 unless this
section provides a different meaning. Within
this section, the following words and terms shall have
the following meanings:
(1)
"Corporation" means the
(2)
"Municipality" means any city or town, or other political subdivision
of the state.
(3) "Office"
means the office of energy resources established by chapter 42-140.
(c) Purpose. - The
corporation is authorized to integrate the management of public funds
to promote the expansion and sound development of
renewable energy resources by providing
coordinated and cost-effective use of funds from:
(1) The renewable
energy program of the demand side management program as set forth
in section 39-2-1.2; and
(2) The renewable
energy development fund of the renewable energy standard, as set
forth in chapter 39-26.
(3) The office of
energy resources from the sale of allowances under the greenhouse gas
initiative act to the extent available for renewable
energy, as set forth in chapter 23-82.
(d)(c)
Renewable energy development fund. - The corporation shall, in the furtherance
of its responsibilities to promote and encourage
economic development, establish and administer
a renewable energy development fund as provided for in
section 39-26-7, may exercise the
powers set forth in this chapter, as necessary or
convenient to accomplish this purpose, and shall
provide such administrative support as may be needed
for the coordinated administration of the
renewable energy standard as provided for in chapter
39-26 and the renewable energy program
established by section 39-2-1.2. The corporation may
upon the request of any person undertaking
a renewable energy facility project, grant project
status to the project, and a renewable energy
facility project, which is given project status by the
corporation, shall be deemed an energy
project of the corporation.
(e)(d)
Duties. - The corporation shall, with regards to renewable energy project
investment:
(1) Establish by rule,
in consultation with the office, standards for financing renewable
energy projects from diverse sources.
(2) Enter into agreements,
consistent with this chapter and renewable energy investment
plans adopted by the office, to provide support to
renewable energy projects that meet applicable
standards established by the corporation. Said
agreements may include contracts with
municipalities and public corporations.
(f)(e)
Conduct of activities.
(1) To the extent
reasonable and practical, the conduct of activities under the provisions
of this chapter shall be open and inclusive; the
director shall seek, in addressing the purposes of
this chapter, to involve the research and analytic
capacities of institutions of higher education
within the state, industry, advocacy groups, and
regional entities, and shall seek input from
stakeholders including, but not limited to,
residential and commercial energy users.
(2) By January 1, 2009,
the director shall adopt:
(A) Goals for renewable
energy facility investment which is beneficial, prudent, and
from diverse sources;
(B) A plan for a period
of five (5) years, annually upgraded as appropriate, to meet the
aforementioned goals; and
(C) Standards and
procedures for evaluating proposals for renewable energy projects in
order to determine the consistency of proposed
projects with the plan.
(g)(f)
Reporting. - On March 1, of each year after the effective date of this chapter,
the
corporation shall submit to the governor, the
president of the senate, the speaker of the house of
representatives, and the secretary of state, a
financial and performance report. These reports shall
be posted electronically on the general assembly and
the secretary of state's websites as
prescribed in section 42-20-8.2. The reports shall set
forth:
(1) The corporation's
receipts and expenditures in each of the renewable energy program
funds administered in accordance with this section.
(2) A listing of all
private consultants engaged by the corporation on a contract basis and
a statement of the total amount paid to each private
consultant from the two (2) renewable energy
funds administered in accordance with this chapter; a
listing of any staff supported by these
funds, and a summary of any clerical, administrative
or technical support received; and
(3) A summary of
performance during the prior year including accomplishments and
shortcomings; project investments, the
cost-effectiveness of renewable energy investments by the
corporation; and recommendations for improvement.
SECTION
17. Sections 42-140-3, 42-140-7 and 42-140-9 of the General Laws in Chapter
42-140 entitled "Rhode
Island Energy Resources Act" are hereby amended to read as follows:
42-140-3.
Purposes. -- The purposes of the office shall be to:
(1) Develop and put
into effect plans and programs to promote, encourage, and assist the
provision of energy resources for
social equity, and environmental quality;
(2) Monitor, forecast,
and report on energy use, energy prices, and energy demand and
supply forecasts, and make findings and
recommendations with regard to energy supply diversity,
reliability, and procurement, including least-cost
procurement;
(3) Develop and to put
into effect plans and programs to promote, encourage and assist
the efficient and productive use of energy resources
in
programs for natural gas, electricity, and heating oil
to maximize the aggregate benefits of
conservation and efficiency of investments;
(4) Monitor and report
technological developments that may result in new and/or
improved sources of energy supply, increased energy
efficiency, and reduced environmental
impacts from energy supply, transmission and distribution;
(5) Administer the
programs, duties, and responsibilities heretofore exercised by the state
energy office, except as these may be assigned by
executive order or the general laws to other
departments and agencies of state government;
(6) Develop, recommend
and, as appropriate, implement integrated and/or
comprehensive strategies, including at regional and
federal levels, to secure
interest in energy resources, their supply and
efficient use, and as necessary to interact with
persons, private sector, non-profit, regional, federal
entities and departments and agencies of
other states to effectuate this purpose;
(7) Cooperate with
agencies, departments, corporations, and entities of the state and of
political subdivisions of the state in achieving its
purposes;
(8) Cooperate with and
assist the state planning council and the division of state planning
in developing, maintaining, and implementing state
guide plan elements pertaining to energy and
renewable energy;
(9) Coordinate the
energy efficiency, renewable energy, least cost procurement, and
systems reliability plans and programs with the energy
efficiency resource management council
and the renewable energy coordinating board;
(10) Participate in,
monitor implementation of, and provide technical assistance for the
low-income home energy assistance program enhancement
plan established pursuant to section
39-1-27.12;
(11) Participate in
and monitor the distributed generation standard contracts program
pursuant to chapter 39-26-2;
(12) Coordinate
opportunities with and enter into contracts and/or agreements with the
economic development corporation associated with the
energy efficiency, least-cost procurement,
system reliability, and renewable energy fund
programs;
(13) Provide support
and information to the division of planning and the state planning
council in development of a ten (10) year
reviewed and amended if necessary every five (5)
years;
(14) Provide funding
support if necessary to the renewable energy coordinating board
and/or the advisory council to carry out the
objectives pursuant to chapter 42-140-3;
(9)(15) Administer,
as assigned by law or executive order, state and federally funded or
authorized energy programs, which may include, but not
be limited to Advise and provide
technical assistance to state and federally funded
energy program to support:
(i)
The federal low-income home energy assistance program which provides heating
assistance to eligible low-income persons and any
state funded or privately funded heating
assistance program of a similar nature assigned to it
for administration;
(ii) The weatherization
assistance program which offers home weatherization grants and
heating system upgrades to eligible persons of
low-income;
(iii) The emergency
fuel program which provides oil deliveries to families experiencing
a heating emergency;
(iv) The energy
conservation program, which offers service and programs to all sectors;
and
(v) [Deleted by P.L.
2008, ch. 228, section 2, and P.L. 2008, ch. 422, section 2.]
(10)(16)
Advise the economic development corporation in the development of standards
and rules for the solicitation and award of renewable
energy program investment funds in
accordance with section 42-64-13.2;
(11)(17)
Develop, recommend, and evaluate energy programs for state facilities and
operations in order to achieve and demonstrate the
benefits of energy-efficiency, diversification
of energy supplies, energy conservation, and demand
management; and
(12)(18)
Advise the governor and the general assembly with regard to energy resources
and all matters relevant to achieving the purposes of
the office.
42-140-7. Conduct
of activities. -- (a) To the extent reasonable and practical, the
conduct of activities under the provisions of this
chapter shall be open and inclusive; the
commissioner and the council shall seek in addressing
the purposes of the office to involve the
research and analytic capacities of institutions of
higher education within the state, industry,
advocacy groups, and regional entities, and shall seek
input from stakeholders including, but not
limited to, residential and commercial energy users.
(b) The commissioner
shall transmit any unencumbered funds from the renewable
energy program under chapter 39-2 to the economic
development corporation to be administered
in accordance with a the provisions of section
39-2-1.2.
42-140-9. Adoption
of rules. -- The commissioner shall have the authority to adopt,
amend, and implement such rules as may be necessary to
desirable to effectuate the purposes of
this chapter. In any rule making by the commissioner,
the commissioner shall consider as a matter
of record the advise advice of the
energy resources council and the renewable energy
coordinating board.
SECTION
18. The Administration shall submit to the Chairpersons of the House and
Senate Finance Committees
by November 1, 2012, a plan to transfer the Rhode Island Public
Telecommunications
Authority from state to private support as part of the FY 2014 budget
process and include any
statutory language required to support the transaction.
SECTION
19. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled
"
by the state building commissioner as to any
structures or buildings or parts thereof that are
owned or are temporarily or permanently under the
jurisdiction of the state or any of its
departments, commissions, agencies, or authorities
established by an act of the general assembly,
and as to any structures or buildings or parts thereof
that are built upon any land owned by or
under the jurisdiction of the state.
(b) Permit fees for the
projects shall be established by the committee. The fees shall be
deposited as general revenues.
(c)(1) The local
cities and towns shall charge each permit applicant an additional .1
(.001) percent (levy) of the total construction cost
for each permit issued. The levy shall be
limited to a maximum of fifty dollars ($50.00) for
each of the permits issued for one and two (2)
family dwellings. This additional levy shall be
transmitted monthly to the building commission at
the department of administration, and shall be used to
staff and support the purchase or lease and
operation of a web-accessible service and/or system to
be utilized by the state and municipalities
for uniform, statewide electronic plan review, permit
management and inspection system and
other programs
described in this chapter. The fee levy shall be deposited as general revenues.
(2) On or before July
1, 2013, the building commissioner shall develop a standard
statewide process for electronic plan review, permit
management and inspection.
(3) On or before
December 1, 2013, the building commissioner, with the assistance of the
office of regulatory reform, shall implement the
standard statewide process for electronic plan
review, permit management and inspection. In addition,
the building commissioner shall develop
a technology and implementation plan for a standard
web-accessible service and/or system to be
utilized by the state and municipalities for uniform,
statewide electronic plan review, permit
management and inspection.
(d) The building
commissioner shall, upon request by any state contractor described in
section 37-2-38.1, review, and when all conditions for
certification have been met, certify to the
state controller that the payment conditions contained
in section 37-2-38.1 have been met.
(e) The building
commissioner shall coordinate the development and implementation of
this section with the state fire marshal to assist
with the implementation of section 23-28.2-6.
(f) The building
commissioner shall submit, in coordination with the state fire marshal, a
report to the governor and general assembly on or
before April 1, 2013 and each April 1st
thereafter, providing the status of the web-accessible
service and/or system implementation and
any recommendations for process or system improvement.
SECTION
20. Section 23-28.2-6 of the General Laws in Chapter 23-28.2 entitled
"Division of Fire
Safety" is hereby amended to read as follows:
23-28.2-6.
Additional powers and duties of fire marshal. -- In carrying out the
purposes of this chapter, the state fire marshal is
authorized and directed:
(1) To procure in his
or her discretion as many deputy state fire marshals and assistant
deputy state fire marshals as needed, and the
temporary or intermittent services of experts or
consultants or organizations thereof, by contract,
when the services are to be performed on a part-
time or fee-for-service basis and do not involve the
performance of administrative duties;
(2) To enter into
agreements for the utilization of the facilities and services of the
division of occupational safety, or its successors, to
the extent that he or she considers it desirable
to effectuate the purposes of this chapter, and to
enter into agreements for the utilization of the
facilities and services of other departments,
agencies, and institutions, public or private;
(3) To accept on behalf
of the state and to deposit with the general treasurer any grant,
gift, or contribution made to assist in meeting the
cost of carrying out the purposes of this code,
and to expend the same for such purposes;
(4) To supervise or
conduct any fire safety inspections required by any other state or
federal agencies;
(5) To formulate,
coordinate, implement, or cause implementation of, appropriate
education and training programs relating to fire
fighting training, fire prevention, fire protection,
fire inspection, and fire investigation.
(6) To support, in
coordination with the state building commissioner and the office of
regulatory reform, the purchase or lease and operation
of a web-accessible service and/or system
to be utilized by the state and municipalities for a
uniform, statewide electronic plan review,
permit management and inspection system and other
programs described in this chapter.
(7) To coordinate
with the state building commissioner on the submission of a report to
the governor and general assembly on or before April
1, 2013 and each April 1st thereafter,
providing the status of the web-accessible service
and/or system implementation and any
recommendations for process or system improvement.
SECTION
21. Section 42-64.13-7 of the General Laws in Chapter 42-64.13 entitled
"Rhode Island
Regulatory Reform Act" is hereby amended to read as follows:
42-64.13-7. Powers
of the office of regulatory reform. -- The office of regulatory
reform shall have the following powers:
(1) The director of the
office of regulatory reform is authorized to intervene or otherwise
participate in any regulatory or permitting matter
pending before any executive branch agency or
department or before any municipal board, commission,
agency or subdivision thereof at which a
regulatory or permitting matter is pending for the
expressed net benefit of a business. The director
of the office of regulatory reform may so intervene or
otherwise participate in such pending
regulatory and permitting matters by providing written
notice to the director of any department or
state agency in the executive branch, or the chairman
or presiding officer over any municipal
department or subdivision thereof at which a
regulatory or permitting matter is pending, that the
director of the office of regulatory reform is so
intervening or otherwise participating in such
regulatory or permitting matter pending before such
department, agency, board or commission.
The director of the office of regulatory reform shall
be considered a party to the action and shall
be provided reasonable notice of any and all
administrative hearings or meetings involving the
parties in such matter and shall be the opportunity to
participate in such meetings, hearings or
other administrative procedures of such entity, of
which such opportunity may be waived only by
writing from the director of the office of regulatory
reform, for the purpose of assuring the
efficient and consistent implementation of rules and
regulations in order to foster the creation and
retention of jobs in
consistent with the purposes of this act. Any
intervention or participation by the director of the
office of regulatory reform, other than in contested
cases, shall not be deemed to violate the
provisions of the
general laws. Provided, however, all contested cases
shall be conducted in accordance with the
provisions for hearings of contested cases in the
administrative procedures act, Title 42, Chapter
35, of the general laws. As used in this section, the
term "contested case" means a proceeding in
which conflicting rights between adverse parties are
required by law to be determined in an
adversary proceeding that is judicial or
quasi-judicial in nature, and not purely administrative in
character, before and/or by an agency.
(2) Promptly upon such
intervention as set forth in subdivision (1) above, the director of
the office of regulatory reform shall publish its
rationale for its intervention in such pending
regulatory or permitting matter. The director of the
office of regulatory reform may so intervene
upon findings that:
(i)
That the pending, regulatory or permitting action, in and of itself or as part
of a
regulatory process, has significant economic
development impact upon the state or any
municipality herein; and
(ii) The pending
regulatory or permitting matter, in and of itself or as part of a regulatory
process, has significant impact on any industry,
trade, profession or business that provides
significant jobs or other significant economic
development impact, including municipal and state
taxes or other revenues, to the state or its citizens.
(iii) The office of
regulatory reform shall upon the conclusion of each fiscal quarter
promptly provide to the office of the governor and the
general assembly through the offices of the
president of the senate and the speaker of the house
of representatives a written report identifying:
(A) All matters in
which the director of the office of regulatory reform intervened;
(B) The rationale for
his or her intervention;
(C) The status of the
pending regulatory or permitting matter; and
(D) Any observations or
recommendations from the director of the office of regulatory
reform with respect to such regulatory or permitting
policies or procedures relating to the subject
matter of such pending regulatory or permitting
matters in which the director so intervened.
(3) The office of
regulatory reform is authorized to appear as an amicus curiae in any
legal proceeding relating to any matter.
(4) The office of
regulatory reform is authorized to coordinate with and support the
building commissioner and fire marshal in the
development and implementation of a standard
statewide process for electronic plan review, permit
management and inspection.
SECTION
22. Section 42-17.1-17 of the General Laws in Chapter 42-17.1 entitled
"Department of
Environmental Management" is hereby amended to read as follows:
42-17.1-17.
Transfer of powers and functions from department of environmental
management. -- There are hereby transferred to the department of administration:
(1) Those functions of
the department of environmental management which were
administered through or with respect to departmental
programs in the performance of strategic
planning as defined in section 42-11-10(c);
(2) All officers,
employees, agencies, advisory councils, committees, commissions, and
task forces of the department of environmental
management who were performing strategic
planning functions as defined in section 42-11-10(c);
and
(3) So much of other
functions or parts of functions and employees and resources,
physical and funded, related thereto of the director
of environmental management as are
incidental to and necessary for the performance of the
functions transferred by subdivisions (1)
and (2).
(b) There are hereby
transferred to the department of public safety dispatch functions of
the division of enforcement of the department of
environmental management.
(c) In order that
there is no interruption in the dispatch functions of the division of
enforcement, the actual transfer of the dispatch
functions, corresponding resources, and personnel
to the department of public safety, may be postponed
until such time, as determined by the
director of public safety, that the transfer provided
herein may be best put into force and effect,
but shall occur no later than January 1, 2012 and
shall be reflected in the FY 2012 supplemental
budget submission.
SECTION 23. This article shall take effect upon passage.