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ARTICLE 9 AS AMENDED |
RELATING TO ECONOMIC DEVELOPMENT
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SECTION 1. Sections 5-8-2, 5-8-10, 5-8-11, 5-8-12 and 5-8-15 of Chapter 5-8 of the |
General Laws entitled "Engineers" are hereby amended as follows: |
5-8-2. Definitions. |
As used or within the intent of this chapter: |
(a) "Accredited program" means specific engineering curricula within established |
institutions of higher learning that have both met the criteria of, and have been designated by, the |
Engineering Accreditation Commission of the following commissions of the Accreditation Board |
for Engineering and Technology, Inc. (ABET EAC) ("ABET"): the Engineering Accreditation |
Commission ("ABET-EAC") and the Engineering Technology Accreditation Commission |
("ABET-ETAC"). |
(b) "Board" means the state board of registration for professional engineers subsequently |
provided by this chapter. |
(c) "Department" means the department of business regulation. |
(d) "Director" means the director of the department of business regulation or his or her |
designee. |
(e) "Engineer" means a person who, by reason of his or her special knowledge and use of |
the mathematical, physical, and engineering sciences and the principles and methods of engineering |
analysis and design, acquired by engineering education and engineering experience, is qualified to |
practice engineering, as subsequently defined, and as attested by his or her registration as an |
engineer. |
(f) "Engineer-in-training" means a person who complies with the requirements for |
education, experience, and character, and has passed an examination in the fundamental |
engineering subjects, as provided in §§ 5-8-11 and 5-8-13. |
(g) "National Council of Examiners for Engineering and Surveying (NCEES)" is a |
nationally recognized organization that assists state boards and territorial boards to better discharge |
their duties and responsibilities in regulating the practice of engineering and land surveying. |
(h)(1) "Practice of engineering" means any service or creative work, the adequate |
performance of which requires engineering education, training, and experience in the application |
of special knowledge of the mathematical, physical, and engineering sciences to services or creative |
work, such as consultation, investigation, evaluation surveys, planning and design of engineering |
systems, and the supervision of construction for the purpose of assuring compliance with |
specifications; and embracing those services or work in connection with any public or private |
utilities, structures, buildings, machines, equipment, processes, work, or projects in which the |
public welfare or the safeguarding of life, health, or property is concerned. |
(2) Any person shall be construed to practice or offer to practice engineering, within the |
meaning and intent of this chapter, who: |
(i) Practices any branch of the profession of engineering; |
(ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents |
himself or herself to be an engineer, or through the use of some other title implies that he or she is |
an engineer or that he or she is registered under this chapter; or |
(iii) Holds himself or herself out as able to perform, or who does perform any engineering |
service or work or any other service designated by the practitioner or recognized as engineering. |
(i) "Professional engineer" means a person who has been registered and licensed by the |
state board of registration for professional engineers. |
(j) "Responsible charge" means direct control and personal supervision of engineering |
work. |
(k) "Rules and regulations" means that document of the same title, as amended from time |
to time, subject to the director's approval, that has been adopted by the board and filed with the |
secretary of state in accordance with §§ 42-35-3(a), 42-35-4(b), and 5-8-8. |
5-8-10. Roster of registered engineers. |
A complete roster showing the names and last known addresses of all registered engineers |
is available on the Department's website or through an Access to Public Records Request. will be |
published by the board once each year. Copies of this roster may be mailed to each person so |
registered, placed on file with the secretary of state, county, and city officials and may be distributed |
to the public |
5-8-11. General requirements for registration or certification. |
(a) Engineer or engineer-in-training. To be eligible for registration as a professional |
engineer or certification as an engineer-in-training, an applicant must be of good character and |
reputation and shall submit five (5) references with his or her application for registration, three (3) |
of which references shall be registered engineers having personal knowledge of his or her |
engineering experience, or in the case of an application for certification as an engineer-in- training, |
by three (3) character references. |
(b)(a) Professional Engineer. The following shall be considered minimum evidence |
satisfactory to the board that the applicant is qualified for registration as a professional engineer or |
for certification as an engineer-in-training, respectively: |
(1) Eligibility. To be eligible for registration as a professional engineer, an applicant shall |
meet the following requirements: |
(i) Be of good character and reputation; |
(ii) Submit five (5) references with his or her application for registration, three (3) of which |
references shall be from registered professional engineers having personal knowledge of the |
applicant's engineering experience; |
(iii) Satisfy the education criteria set forth in this section; |
(iv) Satisfy the experience criteria set forth in this section; and |
(v) Pass the applicable examinations as required in this section. |
(1) As a professional engineer: (i) (2) Registration by endorsement comity. |
(A)(i) A person holding a current certificate of registration to engage in the practice of |
engineering, on the basis of comparable written NCEES examinations, issued to him or her by |
either a proper authority of a state, territory, or possession of the United States, the District of |
Columbia, or of any foreign country, and whose qualifications meets meet the requirements of this |
chapter, based on verified evidence may, upon application, be registered without further |
examination. |
(B)(ii) A person holding a certificate of qualification issued by the National Council of |
Examiners for Engineering and Surveying NCEES Record, whose qualifications as evidenced by |
the NCEES Record meet the requirements of this chapter, may, upon application, be registered |
without further examination, provided he or she is qualified. |
(ii)(3) Graduation from an accredited program, experience, and examination. |
(i) A graduate of or senior enrolled in an ABET-EAC accredited engineering curriculum |
of four (4) years or more approved by the board as being of satisfactory standing, shall be admitted |
to an who has passed a NCEES examination in the fundamentals of engineering. Upon passing this |
examination and obtaining and obtained a specific record of a minimum of four (4) years of |
experience in engineering work of a grade and character which that indicates to the board that the |
applicant may be competent to practice engineering, the applicant may be admitted, upon |
application, to an a NCEES examination in the principles and practice of engineering. The graduate |
having a specific record of twelve (12) years or more of experience in engineering work of a grade |
and character which indicates to the board that the applicant may be competent to practice |
engineering, shall be admitted to an examination in the principles and practice of engineering. Upon |
passing that examination, the applicant shall be granted a certificate of registration to practice |
engineering in this state, provided he or she is qualified. |
(ii) A graduate of an ABET-ETAC accredited engineering technology curriculum of four |
(4) years or more approved by the board as being of satisfactory standing, who has passed a NCEES |
examination in the fundamentals of engineering and obtained a specific record of a minimum of |
eight (8) years of experience in engineering work of a grade and character which that indicates to |
the board that the applicant may be competent to practice engineering, may be admitted, upon |
application, to a NCEES examination in the principles and practice of engineering. |
(4) Waiver of Requirement requirement for NCEES Examination in Fundamentals of |
Engineering examination in fundamentals of engineering. |
(i) A graduate of an ABET-EAC accredited engineering curriculum having a specific |
record of twelve (12) years or more of experience in engineering work of a grade and character |
which that indicates to the board that the applicant may be competent to practice engineering, shall |
be admitted to a NCEES examination in the principles and practice of engineering. Upon passing |
that examination, the applicant shall be granted a certificate of registration to practice engineering |
in this state, provided he or she is qualified. |
(ii) A graduate of an engineering technology curriculum, whether accredited by ABET- |
ETAC or unaccredited, applying for initial or comity registration as a professional engineer in |
Rhode Island shall not be eligible for waiver of this requirement. |
(iii) (5) Graduation from a non-accredited nonaccredited program, experience, and |
examination. |
(i) A graduate of or senior enrolled in an engineering curriculum of four (4) years or more |
other than those approved by the board as being of satisfactory standing shall be admitted to an that |
is not accredited by ABET-EAC, who has passed a NCEES examination in the fundamentals of |
engineering. Upon passing this examination and obtaining and obtained a specific record of a |
minimum of four (4) six (6) years of experience in engineering work of a grade and character which |
that indicates to the board that the applicant may be competent to practice engineering, the |
applicant may be admitted, upon application, to an a NCEES examination in the principles and |
practice of engineering. Upon passing these examinations, the applicant shall be granted a |
certificate of registration to practice engineering in this state, provided he or she is qualified. |
(ii) A graduate of an engineering technology curriculum of four (4) years or more that is |
not accredited by ABET-ETAC is not eligible for registration as a professional engineer in this |
state unless they obtain an advanced engineering degree from an ABET-EAC accredited program. |
(iv)(6) Teaching. Engineering teaching in a college or university offering an ABET- EAC |
accredited engineering curriculum of four (4) years or more may be considered as engineering |
experience. |
(v)(7) Engineers previously registered. Each engineer holding a certificate of registration |
and each engineer-in-training under the laws of this state as previously in effect shall be deemed |
registered as an engineer or engineer-in- training as appropriate under this chapter in accordance |
with the laws in effect at the time of their initial registration. |
(2)(b) As an engineer Engineer-in-training: the The following is shall be considered as |
minimum evidence satisfactory to the board that the applicant is qualified for certification as an |
engineer-in-training: |
(1) Eligibility. To be eligible for registration as an engineer-in-training, an applicant shall |
meet the following requirements: |
(i) Be of good character and reputation; |
(ii) Submit three (3) character references, one (1) of which must be from a registered |
professional engineer; |
(iii) Satisfy the education requirements set forth in this section; and |
(iv) Satisfy the examination requirements set forth in this section. |
(i)(2) Graduation and examination. A graduate of an ABET-EAC or an ABET-ETAC |
accredited engineering curriculum program of four (4) years or more who has passed the board's a |
NCEES examination in the fundamentals of engineering shall be certified or enrolled as an |
engineer-in-training, if he or she is qualified. |
(ii)(3) Graduation from a non-accredited nonaccredited program and examination. A |
graduate of a non-accredited nonaccredited engineering curriculum of four (4) years or more who |
has passed the board's a NCEES examination in the fundamentals of engineering and has obtained |
two (2) years of engineering experience of a grade and character approved by the board shall be |
certified and enrolled as an engineer-in-training, if he or she is qualified. Graduates of a non- |
accredited nonaccredited engineering technology curriculum are not eligible for certification as |
an engineer-in-training. |
(iii)(4) Duration of engineer-in-training certification. The certification or enrollment of an |
engineer-in-training shall be valid for a minimum period of twelve (12) years not expire and does |
not need to be renewed. |
5-8-12. Form of application for registration or certification – Registration, |
certification, and enrollment fees. |
(a) Application for registration as a professional engineer or land surveyor or certification |
as an engineer-in-training shall: |
(1) Be on a form prescribed and furnished by the board; |
(2) Establish compliance with the licensing requirements pursuant to § 5-8-11; and |
(3) Contain references as prescribed in § 5-8-11, none of whom may be members of the |
board. |
(b) The application and reexamination fees for professional engineers shall be set by the |
board in an amount to cover the charges and expenses of examination and scoring reviewing |
applications and shall accompany the application. |
(c) The fee for engineer-in-training certification or enrollment shall be set by the board in |
an amount to cover the charges and expenses of examination and scoring reviewing applications |
and shall accompany the application. |
(d) Should the board deny the issuance of a certificate to any applicant, the fee paid shall |
be retained as an application fee All application fees are non-refundable nonrefundable, even if |
an application is denied. |
5-8-15. Expiration and renewal of certificates of registration Expiration and renewal |
of certificates of registration for professional engineers. |
(a) Certificates of registration shall expire on the last day of the month of June following |
their issuance and become invalid after that date unless renewed. It is the duty of the board to notify |
every person registered under this chapter of the date of the expiration of his or her certificate and |
the amount of the fee required for its renewal. The notice shall be delivered, electronically or |
otherwise, to the registrant, at his or her last-known e-mail address, at least one month in advance |
of the date of the expiration of the certificate. |
(b) Renewal may be effected at any time Certificates of registration must be renewed prior |
to, or during the month of, June by the payment of a fee set by the board in an amount not less than |
one hundred fifty dollars ($150), but not to exceed one hundred eighty dollars ($180). Renewal of |
an expired certificate may be effected Expired certificates may be renewed within a period of three |
(3) years, provided evidence is submitted to the board attesting to the continued competence and |
good character of the applicant. In the event renewal is not made before the end of the third year, |
the board may require any reexamination that it deems appropriate. The amount to be paid for that |
renewal is the annual fee set by the board in an amount not to exceed one hundred eighty dollars |
($180) times the number of years the applicant has been delinquent, plus a penalty of sixty dollars |
($60.00) per delinquent year. |
SECTION 2. Section 42-11-10 of the General Laws in Chapter 42-11 entitled "Department |
of Administration" is hereby amended to read as follows: |
42-11-10. Statewide planning program. |
(a) Findings. The general assembly finds that the people of this state have a fundamental |
interest in the orderly development of the state; the state has a positive interest and demonstrated |
need for establishment of a comprehensive, strategic state planning process and the preparation, |
maintenance, and implementation of plans for the physical, economic, and social development of |
the state; the continued growth and development of the state presents problems that cannot be met |
by the cities and towns individually and that require effective planning by the state; and state and |
local plans and programs must be properly coordinated with the planning requirements and |
programs of the federal government. |
(b) Establishment of statewide planning program. |
(1) A statewide planning program is hereby established to prepare, adopt, and amend |
strategic plans for the physical, economic, and social development of the state and to recommend |
these to the governor, the general assembly, and all others concerned. |
(2) All strategic planning, as defined in subsection (c) of this section, undertaken by all |
departments and agencies of the executive branch unless specifically exempted, shall be conducted |
by or under the supervision of the statewide planning program. The statewide planning program |
shall consist of a state planning council, and the division of planning, which shall be a division |
within the department of administration. |
(c) Strategic planning. Strategic planning includes the following activities: |
(1) Establishing or identifying general goals.; |
(2) Refining or detailing these goals and identifying relationships between them.; |
(3) Formulating, testing, and selecting policies and standards that will achieve desired |
objectives.; |
(4) Preparing long-range or system plans or comprehensive programs that carry out the |
policies and set time schedules, performance measures, and targets.; |
(5) Preparing functional, short-range plans or programs that are consistent with established |
or desired goals, objectives, and policies, and with long-range or system plans or comprehensive |
programs where applicable, and that establish measurable, intermediate steps toward their |
accomplishment of the goals, objectives, policies, and/or long-range system plans.; |
(6) Monitoring the planning of specific projects and designing of specific programs of short |
duration by the operating departments, other agencies of the executive branch, and political |
subdivisions of the state to ensure that these are consistent with, and carry out the intent of, |
applicable strategic plans.; and |
(7) Reviewing the execution of strategic plans, and the results obtained, and making |
revisions necessary to achieve established goals. |
(d) State guide plan. Components of strategic plans prepared and adopted in accordance |
with this section may be designated as elements of the state guide plan. The state guide plan shall |
be comprised of functional elements or plans dealing with land use; physical development and |
environmental concerns; economic development; housing production; energy supply, including the |
development of renewable energy resources in Rhode Island, and energy access, use, and |
conservation; human services; climate change and resiliency; and other factors necessary to |
accomplish the objective of this section. The state guide plan shall be a means for centralizing, |
integrating, and monitoring long-range goals, policies, plans, and implementation activities related |
thereto. State agencies concerned with specific subject areas, local governments, and the public |
shall participate in the state guide planning process, which shall be closely coordinated with the |
budgeting process. |
(e) Membership of state planning council. The state planning council shall consist of the |
following members: |
(1) The director of the department of administration as chairperson; |
(2) The director, policy office, in the office of the governor, as vice-chairperson; |
(3) The governor, or his or her designee; |
(4) [Deleted by P.L. 2019, ch. 88, art. 4, § 13]; |
(5) The chairperson of the housing resources commission; |
(6) The highest-ranking administrative officer of the division of planning, as secretary; |
(7) The president of the Rhode Island League of Cities and Towns or his or her designee; |
(8) The executive director of the Rhode Island League of Cities and Towns; |
(9) Three (3) chief elected officials of cities and towns appointed by the governor after |
consultation with the Rhode Island League of Cities and Towns, one of whom shall be from a |
community with a population greater than 40,000 persons; one of whom shall be from a community |
with a population of between 20,000 and 40,000 persons; and one of whom shall be from a |
community with a population less than 20,000 persons; |
(10) One representative of a nonprofit community development or housing organization |
appointed by the governor; |
(11) Four (4) public members, appointed by the governor, one of whom shall be an |
employer with fewer than fifty (50) employees; one of whom shall be an employer with greater |
than fifty (50) employees; one of whom shall represent a professional planning or engineering |
organization in Rhode Island; and one of whom shall represent a chamber of commerce or |
economic development organization; |
(12) Two (2) representatives of private, nonprofit, environmental or environmental justice |
advocacy organizations, both to be appointed by the governor; |
(13) The director of planning and development for the city of Providence; |
(14) The director of the department of transportation; |
(15) The director of the department of environmental management; |
(16) The director of the department of health; |
(17) The chief executive officer of the commerce corporation; |
(18) The commissioner of the Rhode Island office of energy resources; |
(19) The chief executive officer of the Rhode Island public transit authority; |
(20) The executive director of Rhode Island housing; |
(21) The executive director of the coastal resources management council; and |
(22) The director of the Rhode Island emergency management agency. |
(f) Powers and duties of state planning council. The state planning council shall have the |
following powers and duties: |
(1) To adopt strategic plans as defined in this section and the long-range state guide plan, |
and to modify and amend any of these, following the procedures for notification and public hearing |
set forth in § 42-35-3, and to recommend and encourage implementation of these goals to the |
general assembly, state and federal agencies, and other public and private bodies; approval of |
strategic plans by the governor; and to ensure that strategic plans and the long-range state guide |
plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the "Rhode Island |
comprehensive planning and land use regulation act"; |
(2) To coordinate the planning and development activities of all state agencies, in |
accordance with strategic plans prepared and adopted as provided for by this section; |
(3) To review and comment on the proposed annual work program of the statewide |
planning program; |
(4) To adopt rules and standards and issue orders concerning any matters within its |
jurisdiction as established by this section and amendments to it; |
(5) To establish advisory committees and appoint members thereto representing diverse |
interests and viewpoints as required in the state planning process and in the preparation or |
implementation of strategic plans. At minimum, the state planning council shall appoint permanent |
committees: |
(i) A technical committee, comprised of public members from different geographic areas |
of the state representing diverse interests along with officials of state, local, and federal |
government, who shall review all proposed elements of the state guide plan, or amendment or repeal |
of any element of the plan, and shall advise the state planning council thereon before the council |
acts on any such proposal. This committee shall also advise the state planning council on any other |
matter referred to it by the council; and |
(ii) An executive committee consisting of major participants of a Rhode Island geographic |
information system with oversight responsibility for its activities; and |
(iii) A transportation advisory committee, made up of diverse representation, including, |
but not limited to, municipal elected and appointed officials; representatives of various |
transportation sectors, departments, and agencies; and other groups and agencies with an interest |
in transportation operations, maintenance, construction, and policy, who shall review |
transportation-related plans and amendments and recommend action to the state planning council.; |
(6) To adopt, amend, and maintain, as an element of the state guide plan or as an |
amendment to an existing element of the state guide plan, standards and guidelines for the location |
of eligible, renewable energy resources and renewable energy facilities in Rhode Island with due |
consideration for the location of such resources and facilities in commercial and industrial areas, |
agricultural areas, areas occupied by public and private institutions, and property of the state and |
its agencies and corporations, provided these areas are of sufficient size, and in other areas of the |
state as appropriate.; |
(7) To act as the single, statewide metropolitan planning organization for transportation |
planning, and to promulgate all rules and regulations that are necessary thereto.; and |
(8) To assist the Rhode Island infrastructure bank in establishing review criteria, evaluating |
applications, approving and issuing grants, and to assist municipalities pursuant to the provisions |
of chapter 11.4 of this title 42, and any rules or regulations promulgated thereunder. |
(g) Division of statewide planning. |
(1) The division of statewide planning shall be the principal staff agency of the state |
planning council for preparing and/or coordinating strategic plans for the comprehensive |
management of the state's human, economic, and physical resources. The division of statewide |
planning shall recommend to the state planning council specific guidelines, standards, and |
programs to be adopted to implement strategic planning and the state guide plan and shall undertake |
any other duties established by this section and amendments thereto. |
(2) The division of statewide planning shall maintain records (which shall consist of files |
of complete copies) of all plans, recommendations, rules, and modifications or amendments thereto |
adopted or issued by the state planning council under this section. The records shall be open to the |
public. |
(3) The division of statewide planning shall manage and administer the Rhode Island |
geographic information system of land-related resources, and shall coordinate these efforts with |
other state departments and agencies, including the university of Rhode Island, which shall provide |
technical support and assistance in the development and maintenance of the system and its |
associated data base database. |
(4) The division of statewide planning shall coordinate and oversee the provision of |
technical assistance to political subdivisions of the state in preparing and implementing plans to |
accomplish the purposes, goals, objectives, policies, and/or standards of applicable elements of the |
state guide plan and shall make available to cities and towns data and guidelines that may be used |
in preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and |
elements thereby. |
(h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4]. |
(i) The division of planning shall be the principal staff agency of the water resources board |
established pursuant to chapter 15 of title 46 ("Water Resources Board") and the water resources |
board corporate established pursuant to chapter 15.1 of title 46 ("Water Supply Facilities"). |
SECTION 3. Sections 42-11.4-1, 42-11.4-3, 42-11.4-4 and 42-11.4-5 of the General Laws |
in Chapter 42-11.4 entitled "The Rhode Island Municipal Infrastructure Grant Program" are hereby |
amended to read as follows: |
42-11.4-1. Establishment. |
The Rhode Island municipal infrastructure grant program is hereby created within the |
Rhode Island infrastructure bank. department of administration and is subject to grant funding. |
State funds or appropriations shall not be utilized in connection with the implementation of this |
section. The Rhode Island infrastructure bank shall have all the powers necessary and convenient |
to carry out and effectuate the purposes and provisions of this chapter, including, without limiting |
the generality of the preceding statement, the authority to: The department of administration is |
authorized to: |
(1) Issue public infrastructure grants to municipalities and other public instrumentalities |
for design, construction, building, land acquisition, rehabilitation, repair, and other improvements |
to publicly owned infrastructure including, but not limited to, sewers, utility extensions, streets, |
roads, curb-cuts, parking, water-treatment systems, telecommunications systems, transit |
improvements, and pedestrian ways; and |
(2) Assist municipalities to advance projects that support job creation and expansion, |
housing development and rehabilitation, community development projects in areas or districts that |
communities have determined are best suited to efficiently accommodate future growth and |
redevelopment, largely in previously developed areas with some level of existing or planned |
infrastructure. ; |
(3) Establish a fund within the Rhode Island infrastructure bank to receive and disburse |
such funds as may be available for the purpose of the program, subject to the provisions of this |
section; |
(4) Make and enter into binding commitments to provide grants to municipalities and other |
pubic instrumentalities from amounts on deposit in the program fund; |
(5) Engage the services of third-party vendors to provide professional services; |
(6) Establish one or more accounts within the fund; and |
(7) Such other authority as granted to the Rhode Island infrastructure bank under this |
chapter and chapter 12.2 of title 46. |
42-11.4-3. Solicitations. |
(a) There shall be at least one open solicitation period each year to accept and consider new |
applications. Not The Rhode Island infrastructure bank shall provide not less than twelve (12) eight |
(8) weeks’ notice before the annual an open solicitation period. , the department of administration |
shall release the criteria upon which the applications shall be judged including, but not limited to, |
a minimum project readiness standard, overall spending targets by project type, preferences for |
projects that align with the state's prevailing economic development plan, and other preferences |
applying to that funding round. Grants may be made outside of the open solicitation period at the |
discretion of the director of administration subject to the provisions of this section. The Rhode |
Island infrastructure bank shall review and approve all applications for projects to be financed |
through the Rhode Island municipal infrastructure grant program. All grant awards shall be made |
after consultation with the Rhode Island division of statewide planning program and the Rhode |
Island infrastructure bank. |
(b) An eligible city or town, acting by and through its municipal officers or by and through |
any agency designated by the municipal officers to act on their behalf, may apply to the program |
for a grant in a specific amount to fund a specified project. Two (2) or more municipalities may |
apply jointly, with one municipality acting as fiscal agent. The grants may be made in addition to |
other forms of local, state, and federal assistance. Receipt of a grant that is part of a joint application |
shall not preclude a municipality from receiving additional funds under a separate application. |
42-11.4-4. Rules and regulations. |
The director of administration Rhode Island infrastructure bank may shall establish |
reasonable rules and regulations to govern the application and distribution of grants under the |
program, to include, but not be limited to, provisions for joint applications by two (2) or more |
eligible municipalities for a single project serving those municipalities. The rules and regulations |
shall include the criteria upon which the applications shall be judged including, but not limited to,: |
a minimum project readiness standard,; overall spending targets by project type,; preferences for |
projects that align with the state's prevailing economic development plan,; and other preferences |
applying to that funding round. |
42-11.4-5. Reports. |
The director of administration Rhode Island infrastructure bank shall report annually to the |
governor, speaker of the house, president of the senate, and the chairs of the house committee on |
finance, senate committee on finance, house committee on oversight, senate committee on |
government oversight, house committee on municipal government, senate committee on housing |
and municipal government, and the permanent joint committee on economic development. The |
report shall include a list and description of all projects that received grant funds under the program; |
the amount of the grant awarded to the project; other sources of public funds that supported the |
project; and a detailed analysis of the economic impact of each project including, where applicable, |
the number of construction and full-time equivalent jobs to be created, number of housing units to |
be created, the private investment in the project, and the expected tax revenue generated from the |
project. |
SECTION 4. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled |
"Rebuild Rhode Island Tax Credit" is hereby amended to read as follows: |
42-64.20-10. Sunset. |
No credits shall be authorized to be reserved pursuant to this chapter after June 30, 2021 |
December 31, 2022. |
SECTION 5. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode |
Island Tax Increment Financing" is hereby amended to read as follows: |
42-64.21-9. Sunset. |
The commerce corporation shall enter into no agreement under this chapter after June 30, |
2021 December 31, 2022. |
SECTION 6. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax |
Stabilization Incentive" is hereby amended to read as follows: |
42-64.22-15. Sunset. |
The commerce corporation shall enter into no agreement under this chapter after June 30, |
2021 December 31, 2022. |
SECTION 7. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First |
Wave Closing Fund Act" is hereby amended to read as follows: |
42-64.23-8. Sunset. |
No financing shall be authorized to be reserved pursuant to this chapter after June 30, 2021 |
December 31, 2022. |
SECTION 8. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195 |
Redevelopment Project Fund Act" is hereby amended as follows: |
42-64.24-8. Sunset. |
No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant |
to this chapter after June 30, 2021 December 31, 2022. |
SECTION 9. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled |
"Rhode Island Small Business Assistance Program" is amended to read as follows: |
42-64.25-14. Sunset. |
No grants, funding, or incentives shall be authorized pursuant to this chapter after June 30, |
2021 December 31, 2022. |
SECTION 10. Sections 42-64.26-5, 42-64.26-8 and 42-64.26-12 of the General Laws in |
Chapter 42-64.26 entitled "Stay Invested in RI Wavemaker Fellowship" are hereby amended to |
read as follows: |
42-64.26-5. Administration. |
(a) Application. An eligible graduate claiming an award under this chapter shall submit to |
the commerce corporation an application in the manner that the commerce corporation shall |
prescribe. |
(b) Upon receipt of a proper application from an applicant who meets all of the eligibility |
requirements, the commerce corporation shall select applicants on a competitive basis to receive |
credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for |
an associate's degree holder, four thousand dollars ($4,000) for a bachelor's degree holder, and six |
thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the |
education loan repayment expenses incurred by such taxpayer during each service period |
completed, for up to four (4) consecutive service periods provided that the taxpayer continues to |
meet the eligibility requirements throughout the eligibility period. The commerce corporation shall |
delegate the selection of the applicants that are to receive awards to a fellowship committee to be |
convened by the commerce corporation and promulgate the selection procedures the fellowship |
committee will use, which procedures shall require that the committee's consideration of |
applications be conducted on a name-blind and employer-blind basis and that the applications and |
other supporting documents received or reviewed by the fellowship committee shall be redacted of |
the applicant's name, street address, and other personally-identifying information as well as the |
applicant's employer's name, street address, and other employer-identifying information. The |
commerce corporation shall determine the composition of the fellowship committee and the |
selection procedures it will use in consultation with the state's chambers of commerce. |
(c) The credits awarded under this chapter shall not exceed one hundred percent (100%) of |
the education loan repayment expenses incurred paid by such taxpayer during each service period |
completed for up to four (4) consecutive service periods. Tax credits shall be issued annually to the |
taxpayer upon proof that (i) the The taxpayer has actually incurred and paid such education loan |
repayment expenses; (ii) the The taxpayer continues to meet the eligibility requirements throughout |
the service period; (iii) The award shall not exceed the original loan amount plus any capitalized |
interest less award previously claimed under this section; and (iv) the The taxpayer claiming an |
award is current on his or her student loan repayment obligations. |
(d) The commerce corporation shall not commit to overall awards in excess of the amount |
contained in the fund. |
(e) The commerce corporation shall reserve seventy percent (70%) of the awards issued in |
a calendar year to applicants who are permanent residents of the state of Rhode Island or who |
attended an institution of higher education located in Rhode Island when they incurred the |
education loan expenses to be repaid. |
(f) In administering award, the commerce corporation shall: |
(1) Require suitable proof that an applicant meets the eligibility requirements for award |
under this chapter; |
(2) Determine the contents of applications and other materials to be submitted in support |
of an application for award under this chapter; and |
(3) Collect reports and other information during the eligibility period for each award to |
verify that a taxpayer continues to meet the eligibility requirements for an award. |
42-64.26-8. Carry forward and redemption of tax credits. |
(a) If the amount of the tax credit allowed under this chapter exceeds the taxpayer's total |
tax liability for the year in which the credit is allowed, the amount of such credit that exceeds the |
taxpayer's tax liability may be carried forward and applied against the taxes imposed for the |
succeeding four (4) years, or until the full credit is used, whichever occurs first. |
(b) The tax credit allowed under this chapter may be used as a credit against personal |
income taxes imposed under chapter 30 of title 44. |
(c) The division of taxation shall at the request of a taxpayer redeem such credits in whole |
or in part for one hundred percent (100%) of the value of the tax credit. |
(d) Any amounts paid to a taxpayer for the redemption of tax credits allowed award issued |
pursuant to this chapter after January 1, 2021 pursuant to this section shall be exempt from taxation |
under title 44 of the General Laws. |
42-64.26-12. Sunset. |
No incentives or credits shall be authorized pursuant to this chapter after June 30, 2021 |
December 31, 2022. |
SECTION 11. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main |
Street Rhode Island Streetscape Improvement Fund" is hereby amended as follows: |
42-64.27-6. Sunset. |
No incentives shall be authorized pursuant to this chapter after June 30, 2021 December |
31, 2022. |
SECTION 12. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled |
"Innovation Initiative" is hereby amended as follows: |
42-64.28-10. Sunset. |
No vouchers, grants, or incentives shall be authorized pursuant to this chapter after June |
30, 2021 December 31, 2022. |
SECTION 13. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled "High |
School, College, and Employer Partnerships" is hereby amended as follows: |
42-64.31-4. Sunset. |
No grants shall be authorized pursuant to this chapter after June 30, 2021 December 31, |
2022. |
SECTION 14. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled "Air |
Service Development Fund" is hereby amended as follows: |
42-64.32-6. Sunset. |
No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant |
to this chapter after June 30, 2021 December 31, 2022. |
SECTION 15. Section 44-31.2-5 of the General Laws in Chapter 44-31.2 entitled "Motion |
Picture Production Tax Credits" is hereby amended to read as follows: |
44-31.2-5. Motion picture production company tax credit. |
(a) A motion picture production company shall be allowed a credit to be computed as |
provided in this chapter against a tax imposed by chapters 11, 14, 17, and 30 of this title. The |
amount of the credit shall be thirty percent (30%) of the state-certified production costs incurred |
directly attributable to activity within the state, provided: |
(1) That the primary locations are within the state of Rhode Island and the total production |
budget as defined herein is a minimum of one hundred thousand dollars ($100,000); or |
(2) The motion picture production incurs and pays a minimum of ten million dollars |
($10,000,000) in state-certified production costs within a twelve-month (12) period. |
The credit shall be earned in the taxable year in which production in Rhode Island is |
completed, as determined by the film office in final certification pursuant to § 44-31.2-6(c). |
(b) For the purposes of this section: "total production budget" means and includes the |
motion picture production company's pre-production, production, and post-production costs |
incurred for the production activities of the motion picture production company in Rhode Island in |
connection with the production of a state-certified production. The budget shall not include costs |
associated with the promotion or marketing of the film, video, or television product. |
(c) Notwithstanding subsection (a) of this section, the credit shall not exceed seven million |
dollars ($7,000,000) and shall be allowed against the tax for the taxable period in which the credit |
is earned and can be carried forward for not more than three (3) succeeding tax years. Pursuant to |
rules promulgated by the tax administrator, the administrator may issue a waiver of the seven |
million dollars ($7,000,000) tax credit cap for any feature-length film or television series up to the |
remaining funds available pursuant to section (e) of this section. |
(d) Credits allowed to a motion picture production company, which is a subchapter S |
corporation, partnership, or a limited-liability company that is taxed as a partnership, shall be |
passed through respectively to persons designated as partners, members, or owners on a pro rata |
basis or pursuant to an executed agreement among such persons designated as subchapter S |
corporation shareholders, partners, or members documenting an alternate distribution method |
without regard to their sharing of other tax or economic attributes of such entity. |
(e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax |
year beginning after December 31, 2007, for motion picture tax credits pursuant to this chapter |
and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. After |
December 31, 2019, no more than twenty million dollars ($20,000,000) in total may be issued for |
any tax year for motion picture tax credits pursuant to this chapter and/or musical and theater |
production tax credits pursuant to chapter 31.3 of this title. Said credits shall be equally available |
to motion picture productions and musical and theatrical productions. No specific amount shall be |
set aside for either type of production. |
(f) Exclusively for tax year 2022, the total amount of motion picture tax credits issued |
pursuant to § 44-31.2-5 this section and/or musical and theatrical production tax credits pursuant |
to chapter 31.3 of this title shall not exceed thirty million dollars ($30,000,000). |
SECTION 16. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled |
"Historic Preservation Tax Credits 2013" is hereby amended to read as follows: |
44-33.6-11. Sunset. |
No credits shall be authorized to be reserved pursuant to this chapter on or after June 30, |
2021 2022, or upon the exhaustion of the maximum aggregate credits, whichever comes first. |
SECTION 17. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode |
Island Qualified Jobs Incentive Act of 2015" is hereby amended as follows: |
44-48.3-14. Sunset. |
No credits shall be authorized to be reserved pursuant to this chapter after June 30, 2021 |
December 31, 2022. |
SECTION 18. This article shall take effect upon passage. |