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ARTICLE 7 AS AMENDED |
RELATING TO ECONOMIC DEVELOPMENT AND HOUSING
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SECTION 1. Section 28-43-1 of the General Laws in Chapter 28-43 entitled "Employment |
Security — Contributions" is hereby amended to read as follows: |
28-43-1. Definitions. |
The following words and phrases as used in this chapter have the following meanings, |
unless the context clearly requires otherwise: |
(1) “Balancing account” means a book account to be established within the employment |
security fund, the initial balance of which shall be established by the director as of September 30, |
1979, by transferring the balance of the solvency account on that date to the balancing account. |
(2) “Computation date” means September 30 of each year; provided, however, that in |
calendar year 2024, for the purposes of establishing which schedule shall be in effect for tax year |
2025, “computation date” means any date between September 30 and December 31 in the discretion |
of the director of the department of labor and training. |
(3) “Eligible employer” means an employer who has had three (3) consecutive experience |
years during each of which contributions have been credited to the employer’s account and benefits |
have been chargeable to this account. |
(4) “Employer’s account” means a separate account to be established within the |
employment security fund by the director as of September 30, 1958, for each employer subject to |
chapters 42 — 44 of this title, out of the money remaining in that fund after the solvency account |
has been established in the fund, by crediting to each employer an initial credit balance bearing the |
same relation to the total fund balance so distributed, as his or herthe employer’s tax contributions |
to the fund during the period beginning October 1, 1955, and ending on September 30, 1958, have |
to aggregate tax contributions paid by all employers during the same period; provided, that nothing |
contained in this section shall be construed to grant to any employer prior claim or rights to the |
amount contributed by him or herthe employer to the fund. |
(5) “Experience rate” means the contribution rate assigned to an employer’s account under |
whichever is applicable of schedules A — I in § 28-43-8. |
(6) “Experience year” means the period of twelve (12), consecutive calendar months |
ending September 30 of each year. |
(7) “Most recent employer” means the last base-period employer from whom an individual |
was separated from employment and for whom the individual worked for at least four (4) weeks, |
and in each of those four (4) weeks had earnings of at least twenty (20) times the minimum hourly |
wage as defined in chapter 12 of this title. |
(8) “Reserve percentage” means, in relation to an employer’s account, the net balance of |
that account on a computation date, including any voluntary contributions made in accordance with |
§ 28-43-5.1, stated as a percentage of the employer’s twelve-month (12) average taxable payroll |
for the last thirty-six (36) months ended on the immediately preceding June 30. |
(9) “Reserve ratio of fund” means the ratio which the total amount available for the |
payment of benefits in the employment security fund on September 30, 1979, or any computation |
date thereafter, minus any outstanding federal loan balance, plus an amount equal to funds |
transferred to the job development fund through the job development assessment adjustment for |
the prior calendar year, bears to the aggregate of all total payrolls subject to this chapter paid during |
the twelve-month (12) period ending on the immediately preceding June 30, or the twelve-month |
(12) average of all total payrolls during the thirty-six-month (36) period ending on that June 30, |
whichever percentage figure is smaller. |
(10) “Taxable payroll” means, for the purpose of this chapter, the total of all wages as |
defined in § 28-42-3(29). |
(11) “Tax year” means the calendar year. |
(12) “Total payroll” means, for the purpose of this chapter, the total of all wages paid by |
all employers who are required to pay contributions under the provisions of chapters 42 — 44 of |
this title. |
(13) “Unadjusted reserve ratio of fund” means the ratio which the total amount available |
for the payment of benefits in the employment security fund on September 30, 1979, or any |
computation date thereafter, minus any outstanding federal loan balance, bears to the aggregate of |
all total payrolls subject to this chapter paid during the twelve-month (12) period ending on the |
immediately preceding June 30, or the twelve-month (12) average of all total payrolls during the |
thirty-six-month (36) period ending on that June 30, whichever percentage figure is smaller. |
(14) “Voluntary contribution” means a contribution paid by an employer to his or her |
account in accordance with § 28-43-5.1 to reduce the employer’s experience rate for the ensuing |
tax year. |
SECTION 2. Section 42-64-36 of the General Laws in Chapter 42-64 entitled "Rhode |
Island Commerce Corporation" is hereby amended to read as follows: |
42-64-36. Program accountability. |
(a) The board of the Rhode Island commerce corporation shall be responsible for |
establishing accountability standards, reporting standards, and outcome measurements for each of |
its programs to include, but not be limited to, the use of tax credits, loans, loan guarantees, and |
other financial transactions managed or utilized by the corporation. Included in the standards shall |
be a set of principles and guidelines to be followed by the board to include: |
(1) A set of outcomes against which the board will measure each program’s and offering’s |
effectiveness; |
(2) A set of standards for risk analysis for all of the programs especially the loans and loan |
guarantee programs; and |
(3) A process for reporting out all loans, loan guarantees, and any other financial |
commitments made through the corporation that includes the purpose of the loan, financial data as |
to payment history, and other related information. |
(b) The board shall annually prepare a report starting in January 2015 which shall be |
submitted to the house and senate. The report shall summarize the above listed information on each |
of its programs and offerings and contain recommendations for modification, elimination, or |
continuation. |
(c) The commerce corporation shall prepare a report beginning January 1, 2019, which |
shall be submitted to the house and senate within a period of thirty (30) forty-five (45) days of the |
close of each quarter. The report shall summarize the information listed in subsection (a) of this |
section on each of its programs and offerings, including any modifications, adjustments, clawbacks, |
reallocations, alterations, or other changes, made from the close of the prior fiscal quarter and |
include comparison data to the reports submitted pursuant to §§ 42-64.20-9(b), 42-64.21-8(a) and |
(c), 42-64.22-14(a), 42-64.23-5(d), 42-64.24-5(d), 42-64.25-12, 42-64.26-6, 42-64.27-4, 42-64.28- |
9, 42-64.29-7(a), 42-64.31-3, 44-48.3-13(b) and (c), chapters 64.20, 64.21, 64.22, 64.23, 64.24, |
64.25, 64.26, 64.27, 64.28, 64.29, 64.30, 64.31, and 64.32 of this title, 42and § 44-48.3-13. |
(d) The board shall coordinate its efforts with the office of revenue analysis to not duplicate |
information on the use of tax credits and other tax expenditures. |
SECTION 3. Sections 42-64.16-2 and 42-64.16-3 of the General Laws in Chapter 42-64.16 |
entitled "The Innovate Rhode Island Small Business Program" are hereby amended to read as |
follows: |
42-64.16-2. Establishment of matching funds program. |
(a) There is established the Rhode Island SBIR/STTR Matching Funds Program to be |
administered by STAC. In order to foster job creation and economic development in the state, |
STAC may provide grants to eligible businesses to match funds received by a business as a SBIR |
or STTR Phase I or II award, and to encourage businesses to apply for further SBIR or STTR |
awards, and commercialize their technology and research. |
(b) Eligibility. In order to be eligible for a grant under this section, a business must satisfy |
all of the following conditions: |
(1) The business must be a for-profit, Rhode Island-based business with fifty (50) or fewer |
employees. For the purposes of this section, a Rhode Island-based business is one that has its |
principal place of business and at least fifty-one percent (51%) of its employees residing in this |
state. |
(2) The business must have received an SBIR/STTR Phase I award from a participating |
federal agency in response to a specific federal solicitation. To receive the full Phase I matching |
grant, the business must also have submitted a final Phase I report, demonstrated that the sponsoring |
agency has interest in the Phase II proposal, and submitted a Phase II proposal to the agency. To |
receive the full Phase II matching grant, the business must also have submitted a final Phase II |
report. |
(3) The business must satisfy all federal SBIR/STTR requirements. |
(4) The business shall not receive concurrent funding support from other sources that |
duplicates the purpose of this section. |
(5) For a Phase I and II matching grant, the business must certify that at least fifty-one |
percent (51%) of the research described in the federal SBIR/STTR Phase I, II, and any further |
SBIR/STTR proposals and commercialization will be conducted in this state and that the business |
will remain a Rhode Island-based business for the duration of the SBIR/STTR Phase I, II, and any |
further SBIR/STTR projects and commercialization. |
(6) For a Phase I and II matching grant, the business must demonstrate its ability to conduct |
research in its SBIR/STTR Phase II proposal. |
(7) For a Phase III commercialization grant, the business must have completed their Phase |
II SBIR/STTR award and submitted a final Phase II report. |
(8) For a Phase III commercialization grant, the business must certify that at least fifty-one |
percent (51%) of the research described in the Phase III application and any other further |
SBIR/STTR proposals and commercialization will be conducted in this state and that the business |
will remain a Rhode Island-based business, as defined by § 42-64.16-2subsection(b)(1) of this |
section for at least five (5) years following award of the Phase III grant. |
(c) Phase I and II Matching Grant. STAC may award grants to match the funds received |
by a business through a SBIR/STTR Phase I or II proposal up to a maximum of one hundred fifty |
three hundred thousand dollars ($150,000) ($300,000). Seventy-five percent (75%) of the total |
grant shall be remitted to the business upon receipt of the SBIR/STTR Phase I or II award and |
application for funds under this section. Twenty-five percent (25%) of the total grant shall be |
remitted to the business upon submission by the business of the Phase II application to the funding |
agency and acceptance of the Phase I or II report by the funding agency. A business may receive |
only one grant under this section per year. A business may receive only one grant under this section |
with respect to each federal proposal submission. Over its lifetime, a business may receive a |
maximum of six (6) awards under this section. |
(d) Phase III Commercialization Grant. STAC may award grants of up to five hundred |
thousand dollars ($500,000) to an eligible business to support commercialization of the results |
achieved through SBIR/STTR Phase I and Phase II funding. Grants shall be approved in |
consultation with the Rhode Island commerce corporation. Twenty-five percent (25%) of the total |
grant funding shall be remitted to the business upon award of the Phase III grant and execution of |
a grant agreement. Sixty-five percent (65%) of the total grant funding shall be remitted to the |
business upon request for reimbursement for eligible research and development expenses, as |
defined by STAC, in connection with the project for which the business received the award. Ten |
percent (10%) of the total grant funding shall be remitted to the business five (5) years following |
the date of award of the Phase III grant; provided that, the business has remained a Rhode Island- |
based business, as defined by subsection § 42-64.162(b)(1) of this section for the duration of the |
grant period. |
(d)(e) Application. A business shall apply, under oath, to STAC for a grant under this |
section on a form prescribed by STAC that includes at least all of the following: |
(1) The name of the business, the form of business organization under which it is operated, |
and the names and addresses of the principals or management of the business.; |
(2) For a Phase I or II matching grant, an acknowledgement of receipt of the Phase I or II |
report and Phase II proposal by the relevant federal agency.; |
(3) For a Phase III commercialization grant, an acknowledgement of the terms of the grant |
and proof of eligibility, as defined in subsection (b) of this section.; and |
(3)(4) Any other information necessary for STAC to evaluate the application. |
42-64.16-3. Establishment of bioscience & engineering internship program. |
(a) There is hereby established the Innovate Rhode Island Bioscience & Engineering |
Internship Program to be administered by STAC. In order to promote workforce development and |
education in the bioscience and engineering fields and enhance the talent pipeline for Rhode Island |
businesses engaged in the biosciences and engineering, STAC may reimburse eligible bioscience |
and engineering companies for eligible internship stipends. The reimbursements shall be paid from |
the Innovate Rhode Island Small Business Account established in this chapter. |
(b) Bioscience and engineering definitions. |
(1) Bioscience definition. For the purposes of this section, “bioscience” shall mean |
advanced and applied sciences that expand the understanding of human physiology and have the |
potential to lead to medical advances or therapeutic applications. |
(2) Engineering definition. For the purposes of this section, “engineering” shall mean the |
creative application of advanced mathematics and natural sciences to design or develop complex |
structures, machines, processes, or systems. |
(c) Business eligibility. In order to be eligible for reimbursement under this section, a |
business must satisfy all of the following conditions: |
(1) The business must be a for-profit, Rhode Island-based business with fifty (50) or fewer |
employees. For the purposes of this section, a Rhode Island-based business is one that has its |
principal place of business and at least fifty-one percent (51%) of its employees in this state. |
(2) The business must be primarily engaged in a bioscience or engineering field and must |
demonstrate its ability to conduct research in bioscience or engineering. |
(3) The business must host the internship in Rhode Island. |
(4) The business must offer interns a hands-on learning experience and at least one mentor |
directly overseeing the internship. |
(5) Any two or more related businesses that are commonly controlled by any person or |
entity, directly or indirectly, are limited to reimbursement under this section available for one |
business only. |
(d) Intern eligibility. In order to be an eligible intern under this section, a prospective intern |
must satisfy all of the following requirements: |
(1) The prospective intern must be a Rhode Island resident and must attend a college or |
university located in Rhode Island. |
(2) For students enrolled in community college, the student must be enrolled in an |
Associate’s Degreeassociate’s degree or Certificatecertificate program or completed one within |
the past year; for students enrolled in a four-year college or university, the student must have or |
will have completed at least sophomore year the semester before the internship, or have graduated |
within the past year; for graduate students, the student must be enrolled in a Master’s |
Degreemaster’s degree program or received their Master’s Degreemaster’s degree within the past |
year. |
(3) The intern cannot be the spouse, child, grandchild, sibling, niece, nephew, or spouse of |
a child, grandchild, sibling, niece, or nephew of any employee of the business. |
(4) The intern cannot participate in more than one internship subsidized under this section |
in the same calendar year. |
(5) The intern cannot participate in more than two internships subsidized under this section, |
over two calendar years, with the same business. |
(e) Reimbursement. STAC may reimburse eligible companies for pay rates up to twelve |
dollars ($12) per hour the Rhode Island minimum wage, as defined in § 28-12-3, for a total |
reimbursement of no more than three six thousand five hundred dollars ($3,000) ($6,500) per |
eligible intern in a bioscience or engineering internship program. Businesses may seek |
reimbursement for up to two (2) interns per calendar year. Interns shall be paid directly by the |
eligible business. Eligible businesses may seek reimbursement under this section by providing |
certification and proof of payment to STAC. |
(f) Business application. A business shall apply, under oath, to STAC to qualify for |
reimbursement under this section on a form prescribed by STAC that includes at least all of the |
following: |
(1) The name of the business, the form of business organization under which it is operated, |
and the names and addresses of the principals or management of the business. |
(2) Certification that the business meets the requirements for eligibility under this section. |
(3) A description of the bioscience or engineering internship program that the business |
intends to offer. |
(4) Any other information necessary for STAC to evaluate the application. |
(g) Prospective intern application. A prospective intern shall apply, under oath, to STAC |
to qualify for an internship under this section on a form prescribed by STAC that includes at least |
all of the following: |
(1) The prospective intern’s name, address, college or university, program of study, year |
of study at the college or university, and degree of attainment. |
(2) Certification that the prospective intern meets the requirements for eligibility under this |
section. |
(3) Proof of Rhode Island residency. |
(4) Proof of enrollment in a college or university in Rhode Island or proof of having |
graduated from a college or university in Rhode Island within the past year. |
(5) Resume and cover letter. |
(6) Any other information necessary for STAC to evaluate the application. |
(h) Application process. STAC may receive applications from businesses and prospective |
interns throughout the calendar year and make determinations relating to eligibility under this |
section. STAC may make available to eligible businesses the eligible intern applications. Eligible |
businesses looking to host interns may review applications, interview candidates, and select and |
hire interns according to their qualifications and the businesses’ needs. |
SECTION 4. Section 42-64.19-3 of the General Laws in Chapter 42-64.19 entitled |
"Executive Office of Commerce" is hereby amended to read as follows: |
42-64.19-3. Executive office of commerce. [Effective January 1, 2024.] |
(a) There is hereby established within the executive branch of state government an |
executive office of commerce effective February 1, 2015, to serve as the principal agency of the |
executive branch of state government for managing the promotion of commerce and the economy |
within the state and shall have the following powers and duties in accordance with the following |
schedule: |
(1) On or about February 1, 2015, to operate functions from the department of business |
regulation; |
(2) On or about April 1, 2015, to operate various divisions and functions from the |
department of administration; |
(3) On or before September 1, 2015, to provide to the Senate and the House of |
Representatives a comprehensive study and review of the roles, functions, and programs of the |
department of administration and the department of labor and training to devise recommendations |
and a business plan for the integration of these entities with the office of the secretary of commerce. |
The governor may include such recommendations in the Fiscal Year 2017 budget proposal; and |
(4) On or before July 1, 2021, to provide for the hiring of a deputy secretary of commerce |
and housing who shall report directly to the secretary of commerce. On July 1, 2022, the deputy |
secretary of commerce and housing shall succeed to the position of secretary of housing, and the |
position of deputy secretary of commerce and housing shall cease to exist under this chapter. All |
references in the general laws to the deputy secretary of commerce and housing shall be construed |
to mean the secretary of housing. The secretary of housing shall be appointed by and report directly |
to the governor and shall assume all powers, duties, and responsibilities formerly held by the deputy |
secretary of commerce and housing. Until the formation of the new department of housing pursuant |
to chapter 64.34 of this title, the secretary of housing shall reside within the executive office of |
commerce for administrative purposes only. The secretary of housing shall: |
(i) Prior to hiring, have completed and earned a minimum of a master’s graduate degree in |
the field of urban planning, economics, or a related field of study or possess a juris doctor law |
degree. Preference shall be provided to candidates having earned an advanced degree consisting of |
an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have |
documented five (5) years’ full-time experience employed in the administration of housing policy |
and/or development; |
(ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and |
developing a housing plan, including, but not limited to, the development of affordable housing |
opportunities to assist in building strong community efforts and revitalizing neighborhoods; |
(iii) Coordinate with all agencies directly related to any housing initiatives and participate |
in the promulgation of any regulation having an impact on housing including, but not limited to, |
the Rhode Island housing and mortgage finance corporation, the coastal resources management |
council (CRMC), and state departments including, but not limited to: the department of |
environmental management (DEM), the department of business regulation (DBR), the department |
of transportation (DOT) and statewide planning, and the Rhode Island housing resources |
commission; |
(iv) Coordinate with the housing resources commission to formulate an integrated housing |
report to include findings and recommendations to the governor, speaker of the house, senate |
president, each chamber’s finance committee, and any committee whose purview is reasonably |
related to, including, but not limited to, issues of housing, municipal government, and health on or |
before December 31, 2021, and annually thereafter which report shall include, but not be limited |
to, the following: |
(A) The total number of housing units in the state with per community counts, including |
the number of Americans with Disabilities Act compliant special needs units; |
(B) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A); |
(C) The change in the number of units referenced in subsection (a)(4)(iv)(A), for each of |
the prior three (3) years in figures and as a percentage; |
(D) The number of net new units in development and number of units completed since the |
prior report; |
(E) For each municipality the number of single-family, two-family (2), and three-family |
(3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful |
description of current conditions, including a statewide sum of each unit type; |
(F) The total number of units by income type; |
(G) A projection of the number of status quo units; |
(H) A projection of the number of units required to meet housing formation trends; |
(I) A comparison of regional and other similarly situated state funding sources that support |
housing development including a percentage of private, federal, and public support; |
(J) A reporting of unit types by number of bedrooms for rental properties including an |
accounting of all: |
(I) Single-family units; |
(II) Accessory dwelling units; |
(III) Two-family (2) units; |
(IV) Three-family (3) units; |
(V) Multi-unit sufficiently delineated units; |
(VI) Mixed use sufficiently delineated units; and |
(VII) Occupancy and vacancy rates for the prior three (3) years; |
(K) A reporting of unit types by ownership including an accounting of all: |
(I) Single-family units; |
(II) Accessory dwelling units; |
(III) Two-family (2) units; |
(IV) Three-family (3) units; |
(V) Multi-unit sufficiently delineated units; |
(VI) Mixed use sufficiently delineated units; and |
(VII) Occupancy and vacancy rates for the prior three (3) years; |
(L) A reporting of the number of applications submitted or filed for each community |
according to unit type and an accounting of action taken with respect to each application to include, |
approved, denied, appealed, approved upon appeal, and if approved, the justification for each |
approval; |
(M) A reporting of permits for each community according to affordability level that were |
sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for |
each approval; |
(N) A reporting of affordability by municipality that shall include the following: |
(I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair- |
market rate, and above-market-rate units; including the average and median costs of those units; |
(II) The percent and number of units of extremely low-, very low-, low-, and moderate- |
income housing units required to satisfy the ten percent (10%) requirement pursuant to chapter 24 |
of title 45; including the average and median costs of those units; |
(III) The percent and number of units for the affordability levels above moderate-income |
housing, including a comparison to fair-market rent and fair-market homeownership; including the |
average and median costs of those units; |
(IV) The percentage of cost burden by municipality with population equivalent; |
(V) The percentage and number of home financing sources, including all private, federal, |
state, or other public support; and |
(VI) The cost growth for each of the previous five (5) years by unit type at each |
affordability level, by unit type; |
(O) A reporting of municipal healthy housing stock by unit type and number of bedrooms |
and providing an assessment of the state’s existing housing stock and enumerating any risks to the |
public health from that housing stock, including, but not limited to: the presence of lead, mold, safe |
drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable |
health detriment. Additionally, the report shall provide the percentage of the prevalence of health |
risks by age of the stock for each community by unit type and number of bedrooms; and |
(P) A recommendation shall be included with the report required under this section that |
shall provide consideration to any and all populations, ethnicities, income levels, and other relevant |
demographic criteria determined by the secretary, and with regard to any and all of the criteria |
enumerated elsewhere in the report separately or in combination, provide recommendations to |
resolve any issues that provide an impediment to the development of housing, including specific |
data and evidence in support of the recommendation. All data and methodologies used to present |
evidence are subject to review and approval of the chief of revenue analysis, and that approval shall |
include an attestation of approval by the chief to be included in the report; |
(v) Have direct oversight over the office of housing and community development (OHCD) |
and shall be responsible for coordinating with the secretary of commerce a shared staffing |
arrangement until June 30, 2023, to carry out the provisions of this chapter; |
(vi) On or before November 1, 2022, develop a housing organizational plan to be provided |
to the general assembly that includes a review, analysis, and assessment of functions related to |
housing of all state departments, quasi-public agencies, boards, and commissions. Provided, |
further, the secretary, with the input from each department, agency, board, and commission, shall |
include in the plan comprehensive options, including the advantages and disadvantages of each |
option and recommendations relating to the functions and structure of the new department of |
housing; |
(vii) Establish rules and regulations as set forth in § 45-24-77. |
(b) In this capacity, the office shall: |
(1) Lead or assist state departments and coordinate business permitting processes in order |
to: |
(i) Improve the economy, efficiency, coordination, and quality of the business climate in |
the state; |
(ii) Design strategies and implement best practices that foster economic development and |
growth of the state’s economy; |
(iii) Maximize and leverage funds from all available public and private sources, including |
federal financial participation, grants, and awards; |
(iv) Increase public confidence by conducting customer centric operations whereby |
commercial enterprises are supported and provided programs and services that will grow and |
nurture the Rhode Island economy; and |
(v) Be the state’s lead agency for economic development. |
(2) [Deleted by P.L. 2022, ch. 388, § 1 and P.L. 2022, ch. 442, § 1.] |
(c) The office shall include the office of regulatory reform and other administration |
functions that promote, enhance, or regulate various service and functions in order to promote the |
reform and improvement of the regulatory function of the state. |
SECTION 5. Sections 42-64.20-7 and 42-64.20-10 of the General Laws in Chapter 42- |
64.20 entitled "Rebuild Rhode Island Tax Credit" are hereby amended to read as follows: |
42-64.20-7. Rebuild Rhode Island tax credit fund. |
(a) There is hereby established at the commerce corporation a restricted account known as |
the rebuild Rhode Island tax-credit fund (the “fund”) in which all amounts appropriated for the |
program created under this chapter and returns on investments from the fund shall be deposited. |
The fund shall be used (1) To pay for the redemption of tax credits or reimbursement to the state |
for tax credits applied against a taxpayer’s liability; and (2) To redeem or reimburse the state for |
any sales and use tax exemptions allowed pursuant to this chapter. The commerce corporation may |
pledge and reserve amounts deposited into the fund for the purpose of securing payment for the |
redemption of tax credits or for making reimbursements to municipalities pursuant to chapter 64.22 |
of this title. The fund shall be exempt from attachment, levy, or any other process at law or in |
equity. The director of the department of revenue shall make a requisition to the commerce |
corporation for funding during any fiscal year as may be necessary to pay for the redemption of tax |
credits presented for redemption or to reimburse the state for tax credits applied against a taxpayer’s |
tax liability. The commerce corporation shall pay from the fund such amounts as requested by the |
director of the department of revenue necessary for redemption or reimbursement in relation to tax |
credits granted under this chapter; provided, however, that the commerce corporation shall not be |
required to pay from the fund such sums pledged and reserved by the commerce corporation, as |
permitted in this section, except for redemption of tax credits. |
(b) Notwithstanding anything in this chapter to the contrary, the commerce corporation |
may make a loan or equity investment as an alternative incentive in lieu of the provision of tax |
credits so long as the applicant otherwise qualifies for tax credits under this chapter. In addition to |
the qualification requirements of this chapter, any loan or equity investment shall be subject to the |
provisions of §§ 42-64.20-5(b), (f), (g), (h), (i), (j), (q), (r), and (s), 42-64.20-7, 42-64.20-8, 42- |
64.20-9, and 42-64.20-10 as if the loan or equity investment were a tax credit. The commerce |
corporation may pay, reserve, and/or pledge monies for a loan or equity investment from the fund. |
42-64.20-10. Sunset. |
No credits shall be authorized to be reserved pursuant to this chapter after December 31, |
2024 December 31, 2025. |
SECTION 6. 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 December |
31, 2024 December 31, 2025. |
SECTION 7. 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 December |
31, 2024 December 31, 2025. |
SECTION 8. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First |
Wave Closing Fund" 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 December 31, |
2024 December 31, 2025. |
SECTION 9. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195 |
Redevelopment Project Fund" is hereby amended to read 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 December 31, 2024 December 31, 2025. |
SECTION 10. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled |
"Small Business Assistance Program" is hereby amended to read as follows: |
42-64.25-14. Sunset. |
No grants, funding, or incentives shall be authorized pursuant to this chapter after |
December 31, 2024 December 31, 2025. |
SECTION 11. Sections 42-64.26-3 and 42-64.26-12 of the General Laws in Chapter 42- |
64.26 entitled "Stay Invested in RI Wavemaker Fellowships" are hereby amended to read as |
follows: |
42-64.26-3. Definitions. |
As used in this chapter: |
(1) “Applicant” means an eligible graduate who applies for a tax credit for education loan |
repayment expenses under this chapter. |
(2) “Award” means a tax credit awarded by the commerce corporation to an applicant as |
provided under this chapter. |
(3) “Commerce corporation” means the Rhode Island commerce corporation established |
pursuant to chapter 64 of this title. |
(4) “Eligibility period” means a term of up to four (4) consecutive service periods |
beginning with the date that an eligible graduate receives initial notice of award under this chapter |
and expiring at the conclusion of the fourth service period after such date specified. |
(5) “Eligibility requirements” means the following qualifications or criteria required for an |
applicant to claim an award under this chapter: |
(i) That the applicant shall have graduated from an accredited two-year (2), four-year (4) |
or graduate postsecondary institution of higher learning with an associate’s, bachelor’s, graduate, |
or post-graduate degree and at which the applicant incurred education loan repayment expenses; |
(ii) That the applicant shall be a full-time employee with a Rhode Island-based employer |
located in this state throughout the eligibility period, whose employment is: |
(A) For work in one or more of the following covered fields: life, natural or environmental |
sciences; computer, information or software technology; advanced mathematics or finance; |
engineering; industrial design or other commercially related design field; or medicine or medical |
device technology; |
(B) As a teacher; or |
(C) As a healthcare applicant. |
(6) “Eligible expenses” or “education loan repayment expenses” means annual higher |
education loan repayment expenses, including, without limitation, principal, interest and fees, as |
may be applicable, incurred by an eligible graduate and which the eligible graduate is obligated to |
repay for attendance at a postsecondary institution of higher learning. |
(7) “Eligible graduate” means an individual who meets the eligibility requirements under |
this chapter. |
(8) “Full-time employee” means a person who is employed by a business for consideration |
for a minimum of at least thirty-five (35) hours per week, or who renders any other standard of |
service generally accepted by custom or practice as full-time employment, or who is employed by |
a professional employer organization pursuant to an employee leasing agreement between the |
business and the professional employer organization for a minimum of thirty-five (35) hours per |
week, or who renders any other standard of service generally accepted by custom or practice as |
full-time employment, and whose wages are subject to withholding. |
(9) “Fund” refers to the “Stay Invested in RI Wavemaker Fellowship Fund” established |
pursuant to § 42-64.26-4(a). |
(10) “Healthcare applicant” means any applicant who meets the eligibility requirements |
and works as a full-time employee as a high-demand healthcare practitioner or mental health |
professional, including, but not limited to, clinical social workers and mental health counselors |
licensed by the department of health, and as defined in regulations to be promulgated by the |
commerce corporation, in consultation with the executive office of health and human services, |
pursuant to chapter 35 of this title. |
(11) "Primary care" means healthcare services that cover a range of prevention, wellness, |
and treatment for common illnesses and injuries. Primary care includes patients making an initial |
approach to a healthcare professional for treatment as well as long-term relationships established |
between a patient and a healthcare professional and may include family medicine or medical care, |
general internal medicine or medical care, and general medical practice. |
(11)(12) “Rhode Island-based employer” means: (i) An employer having a principal place |
of business or at least fifty-one percent (51%) of its employees located in this state; or (ii) An |
employer registered to conduct business in this state that reported Rhode Island tax liability in the |
previous tax year. |
(12)(13) “Service period” means a twelve-month (12) period beginning on the date that an |
eligible graduate receives initial notice of award under this chapter. |
(13)(14) “Student loan” means a loan to an individual by a public authority or private lender |
to assist the individual to pay for tuition, books, and living expenses in order to attend a |
postsecondary institution of higher learning. |
(14)(15) “Taxpayer” means an applicant who receives a tax credit under this chapter. |
(15)(16) “Teacher” shall have the meaning prescribed to it in rules and regulations to be |
promulgated by the commerce corporation in consultation with the Rhode Island department of |
elementary and secondary education. |
42-64.26-12. Sunset. |
No incentives or credits shall be authorized pursuant to this chapter after December 31, |
2024 December 31, 2025. |
SECTION 12. 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 to read as follows: |
42-64.27-6. Sunset. |
No incentives shall be authorized pursuant to this chapter after December 31, 2024 |
December 31, 2025. |
SECTION 13. Sections 42-64.28-2, 42-64.28-3, 42-64.28-4, 42-64.28-5, 42-64.28-6, 42- |
64.28-7, 42-64.28-9 and 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled "Innovation |
Initiative" are hereby amended to read as follows: |
42-64.28-2. Definitions. |
As used in this chapter: |
(1) “Commerce corporation” means the Rhode Island commerce corporation established |
pursuant to § 42-64-1 et seq. |
(2) “Employee-owned business” means any entity that is a small business and: |
(i) Is, in whole or in part, a workers’ cooperative as defined in § 7-6.2-2(5); or |
(ii) Has an employee stock ownership plan, as defined in 26 U.S.C. § 4975(e)(7);. |
(2)(3) “Manufacturer” shall meanmeans any entity that: |
(i) Uses any premises within the state primarily for the purpose of transforming raw |
materials into a finished product for trade through any or all of the following operations: adapting, |
altering, finishing, making, processing, refining, metalworking, and ornamenting, but shall not |
include fabricating processes incidental to warehousing or distribution of raw materials, such as |
alteration of stock for the convenience of a customer; or |
(ii) Is described in codes 31-33 of the North American Industry Classification system, as |
revised from time to time. |
(3)(4) “Match” shall meanmeans a funding match, or in kind services provided by a third |
party. |
(4)(5) “Small business” means a business that is resident in Rhode Island, has its business |
facility located within the state, and employs five hundred (500) or fewer persons. |
(5)(6) “Small business manufacturer” shall meanmeans a business that meets the |
definitions of terms “small business” and “manufacturer” as defined herein. |
(6)(7) “Targeted industry” means any advanced, promising, or otherwise prioritized |
industry identified in the economic development vision and policy promulgated pursuant to § 42- |
64.17-1 or, until such time as any such economic development vision and policy is promulgated, |
as identified by the commerce corporation. |
42-64.28-3. Programs established. |
(a) The Rhode Island commerce corporation shall establish a voucher program and an |
innovation network program as provided under this chapter. The programs are subject to available |
appropriations and such other funding as may be dedicated to the programs. |
(b)(1) There is established an account in the name of the “innovation initiative fund” (the |
“fund”) under the control of the commerce corporation to fund the programs. |
(12) The fund shall consist of: |
(i) Money appropriated in the state budget to the fund; |
(ii) Money made available to the fund through federal grants, programs, or private |
contributions; |
(iii) Application or other fees paid to the fund to process applications for awards under this |
chapter; and |
(iv) Any other money made available to the fund. |
(c) Voucher program. The commerce corporation is authorized to develop and implement |
an innovation voucher program to provide financing to small businesses to purchase research and |
development support or other forms of technical assistance and services from Rhode Island |
institutions of higher education and other providers and to fund research and development by and |
for small business manufacturers. |
(d) Innovation network program. The commerce corporation is authorized to provide |
innovation grants to organizations, including nonprofit organizations, for-profit organizations, |
universities, and co-working space operators that offer technical assistance, space on flexible terms, |
and access to capital to businesses in advanced or targeted industries, or businesses that are |
evaluating a transition to become employee-owned businesses, regardless of industry. The |
commerce corporation shall only issue grants under this subsection when those grants are matched |
by private-sector or nonprofit partners. The commerce corporation shall establish guidelines for |
appropriate matching criteria under this section, including necessary matching ratios. |
(e) Invention incentive program. The commerce corporation is authorized to develop and |
implement an invention incentive program to provide grants to small businesses and individuals to |
reduce barriers to filing a patent application. The commerce corporation shall establish guidelines |
for eligible recipients under this section, including industry, business size, and other criteria. |
42-64.28-4. Eligible uses. |
(a) Vouchers available under this chapter shall be used for the benefit of small businesses |
to access technical assistance and other services including, but not limited to: research, |
technological development, product development, commercialization, market development, |
technology exploration, and improved business practices that implement strategies to grow |
business and create operational efficiencies. |
(b) Vouchers available under this chapter shall be used to provide funding to finance |
internal research and development by and for small business manufacturers, including, but not |
limited to: research, technological development, product development, commercialization, market |
development, technology exploration, and improved business practices that implement strategies |
to grow business and create operational efficiencies. Subject to appropriation, the commerce |
corporation shall reserve an amount not to exceed fifty percent (50%) of the voucher program’s |
annual appropriation to be made available in fiscal year 2018 for vouchers awarded to small |
business manufacturers under this subsection. |
(c) Matching fund awards shall be used for the benefit of small businesses in industries |
designated from time to time by the corporation, including without limitation: life science and |
healthcare, food and agriculture, clean technology and energy efficiency, and cyber security to pay |
for and access technological assistance, to procure space on flexible terms, and to access capital |
from organizations, including nonprofit organizations, for-profit organizations, universities, and |
co-working space businesses. Provided, however, that any business that is evaluating a transition |
to become an employee-owned business, regardless of industry, shall be an eligible beneficiary of |
a matching fund award. |
(d) Grant awards through the invention incentive program shall be used in the form of |
reimbursement for allowable expenses incurred, per regulations promulgated by the commerce |
corporation, in connection with the submission of a patent application to the United States Patent |
and Trademark Office. Reimbursement shall only occur following the submission of a patent |
application by the eligible recipient. No more than one award per individual shall be allowed. |
42-64.28-5. Qualification. |
(a) To qualify for a voucher, for an invention incentive grant, or for a matching fund award |
under this chapter, a business or individual must make application to the commerce corporation, |
and upon selection, shall enter into an agreement with the commerce corporation. The commerce |
corporation shall have no obligation to issue any voucher, make any award, or grant any benefits |
under this chapter. |
(b) In a given tax year, a business shall not receive a voucher or matching-fund award |
provided for under this chapter in conjunction with the tax credit provided for in § 44-32-3. |
42-64.28-6. Voucher amounts and matching fund awards |
(a) Voucher award amounts to a selected applicant shall be determined by the corporation, |
to be in the minimum amount of five thousand dollars ($5,000) and the maximum amount of |
seventy-five thousand dollars ($75,000), subject to appropriations or other available moneys in the |
fund. |
(b) Matching fund awards shall be awarded to organizations in an amount approved by the |
corporation, subject to appropriations or other available moneys in the fund. |
(c) Invention incentive grant amounts shall not exceed five thousand dollars ($5,000) per |
awardee, subject to appropriations or other available moniesmoneys in the fund. |
42-64.28-7. Rules and regulations. |
The commerce corporation is hereby authorized to promulgate such rules and regulations |
as are necessary to fulfill the purposes of this chapter, including the criteria by which voucher, |
invention incentive grant, and matching fund applications will be judged, awards will be approved, |
and vendors of services will be approved. |
42-64.28-9. Reporting requirements. |
The commerce corporation shall submit a report annually, no later than sixty (60) days |
after the end of the fiscal year to the speaker of the house and the president of the senate detailing: |
(1) the total amount of innovation vouchers, invention incentive grants, and matching funds |
awarded; (2) the number of innovation vouchers, invention incentive grants, and matching fund |
awards approved, (3) the amount of each voucher, invention incentive grant, or matching fund |
award and a description of services purchased; and (4) such other information as the commerce |
corporation deems necessary. |
42-64.28-10. Sunset. |
No vouchers, grants, or incentives shall be authorized pursuant to this chapter after |
December 31, 2024 December 31, 2025. |
SECTION 14. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled "High |
School, College, and Employer Partnerships" is hereby amended to read as follows: |
42-64.31-4. Sunset. |
No grants shall be authorized pursuant to this chapter after December 31, 2024 December |
31, 2025. |
SECTION 15. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled "Air |
Service Development Fund" is hereby amended to read 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 December 31, 2024 December 31, 2027. |
SECTION 16. Section 42-64.33-4 of the General Laws in Chapter 42-64.33 entitled "The |
Rhode Island Small Business Development Fund" is hereby amended to read as follows: |
42-64.33-4. Application, approval and allocations. |
(a) A small business development fund that seeks to have an equity or debt investment |
certified as a capital investment and eligible for credits under this chapter shall apply to the |
corporation. The corporation shall begin accepting applications within ninety (90) days of July 5, |
2019. The small business development fund shall include the following: |
(1) The amount of capital investment requested; |
(2) A copy of the applicant’s or an affiliate of the applicant’s license as a rural business |
investment company under 7 U.S.C. § 2009cc, or as a small business investment company under |
15 U.S.C. § 681, and a certificate executed by an executive officer of the applicant attesting that |
the license remains in effect and has not been revoked; |
(3) Evidence that, as of the date the application is submitted, the applicant or affiliates of |
the applicant have invested at least one hundred million dollars ($100,000,000) in nonpublic |
companies; |
(4) An estimate of the number of jobs that will be created or retained in this state as a result |
of the applicant’s qualified investments; |
(5) A business plan that includes a strategy for reaching out to and investing in minority |
business enterprises and a revenue impact assessment projecting state and local tax revenue to be |
generated by the applicant’s proposed qualified investment prepared by a nationally recognized, |
third-party, independent economic forecasting firm using a dynamic economic forecasting model |
that analyzes the applicant’s business plan over the ten (10) years following the date the application |
is submitted to the corporation; and |
(6) A nonrefundable application fee of five thousand dollars ($5,000), payable to the |
corporation. |
(b) Within thirty (30) days after receipt of a completed application, the corporation shall |
grant or deny the application in full or in part. The corporation shall deny the application if: |
(1) The applicant does not satisfy all of the criteria described in subsection (a) of this |
section; |
(2) The revenue impact assessment submitted with the application does not demonstrate |
that the applicant’s business plan will result in a positive economic impact on this state over a ten- |
year (10) period that exceeds the cumulative amount of tax credits that would be issued to the |
applicant if the application were approved; or |
(3) The corporation has already approved the maximum amount of capital investment |
authority under subsection (g) of this section. |
(c) If the corporation denies any part of the application, it shall inform the applicant of the |
grounds for the denial. If the applicant provides any additional information required by the |
corporation or otherwise completes its application within fifteen (15) days of the notice of denial, |
the application shall be considered completed as of the original date of submission. If the applicant |
fails to provide the information or fails to complete its application within the fifteen-day (15) |
period, the application remains denied and must be resubmitted in full with a new submission date. |
(d) If the application is deemed to be complete and the applicant deemed to meet all of the |
requirements of subsections (a) and (b), the corporation shall certify the proposed equity or debt |
investment as a capital investment that is eligible for credits under this chapter, subject to the |
limitations contained in subsection (g) of this section. The corporation shall provide written notice |
of the certification to the small business development fund. |
(e) The corporation shall certify capital investments in the order that the applications were |
received by the corporation. Applications received on the same day shall be deemed to have been |
received simultaneously. |
(f) For applications that are complete and received on the same day, the corporation shall |
certify applications in proportionate percentages based upon the ratio of the amount of capital |
investments requested in an application to the total amount of capital investments requested in all |
applications. |
(g) The corporation shall certify sixty-five forty million dollars ($65,000,000) |
($40,000,000) in capital investments pursuant to this section; provided that not more than twenty |
million dollars ($20,000,000) may be allocated to any individual small business development fund |
certified under this section. |
(h) Within sixty (60) days of the applicant receiving notice of certification, the small |
business development fund shall issue the capital investment to and receive cash in the amount of |
the certified amount from a small business fund investor. At least forty-five percent (45%) of the |
small business fund investor’s capital investment shall be composed of capital raised by the small |
business fund investor from sources, including directors, members, employees, officers, and |
affiliates of the small business fund investor, other than the amount of capital invested by the |
allocatee claiming the tax credits in exchange for the allocation of tax credits; provided that at least |
ten percent (10%) of the capital investment shall be derived from the small business investment |
fund’s managers. The small business development fund shall provide the corporation with evidence |
of the receipt of the cash investment within sixty-five (65) days of the applicant receiving notice of |
certification. If the small business development fund does not receive the cash investment and issue |
the capital investment within the time period following receipt of the certification notice, the |
certification shall lapse and the small business development fund shall not issue the capital |
investment without reapplying to the corporation for certification. Lapsed certifications revert to |
the authority and shall be reissued pro rata to applicants whose capital investment allocations were |
reduced pursuant to this chapter and then in accordance with the application process. |
SECTION 17. Chapter 42-64.33 of the General Laws entitled "The Rhode Island Small |
Business Development Fund" is hereby amended by adding thereto the following section: |
42-64.33-10. Sunset. |
No new fund applications shall be granted and no credits shall be authorized to be reserved |
pursuant to this chapter after June 30, 2024. |
SECTION 18. Sections 42-64.34-1 and 42-64.34-2 of the General Laws in Chapter 42- |
64.34 entitled "The Department of Housing" are hereby amended to read as follows: |
42-64.34-1. Department established. [Effective January 1, 2024.] |
Effective January 1, 2023, there is hereby established within the executive branch of the |
state government a department of housing. The head of the department shall be the secretary of |
housing, who shall be appointed by the governor with the advice and consent of the senate. The |
position of secretary is hereby created in the unclassified service. The secretary shall hold office at |
the pleasure of the governor. Before entering upon the discharge of duties, the secretary shall take |
an oath to faithfully execute the duties of the office. The secretary of housing shall: |
(i) Prior to hiring, have completed and earned a minimum of a master’s graduate degree in |
the field of urban planning, economics, or a related field of study or possess a juris doctor law |
degree. Preference shall be provided to candidates having earned an advanced degree consisting of |
an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have |
documented five (5) years’ full-time experience employed in the administration of housing policy |
and/or development; |
(ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and |
developing a housing plan, including, but not limited to, the development of affordable housing |
opportunities to assist in building strong community efforts and revitalizing neighborhoods; |
(iii) Coordinate with all agencies directly related to any housing initiatives and participate |
in the promulgation of any regulation having an impact on housing including, but not limited to, |
the Rhode Island housing and mortgage finance corporation, the coastal resources management |
council (CRMC), and state departments including, but not limited to: the department of |
environmental management (DEM), the department of business regulation (DBR), the department |
of transportation (DOT) and statewide planning, and the Rhode Island housing resources |
commission; |
(iv) Coordinate with the housing resources commission to formulate an integrated housing |
report to include findings and recommendations to the governor, speaker of the house, senate |
president, each chamber’s finance committee, and any committee whose purview is reasonably |
related to, including, but not limited to, issues of housing, municipal government, and health on or |
before April 15, 2025, and annually thereafter. This report shall include, but not be limited to, the |
following: |
(A) The total number of housing units in the state with per community counts; |
(B) Every three (3) years, beginning in 2026 and contingent upon funding for data |
collection, an assessment of the suitability of existing housing stock in meeting accessibility needs |
of residents; |
(C) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A); |
(D) The change in the number of units referenced in subsection (a)(4)(iv)(A), for each of |
the prior three (3) years in figures and as a percentage; |
(E) The number of net new units in development and number of units completed in the |
previous calendar year; |
(F) For each municipality the number of single-family, two-family (2), and three-family |
(3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful |
description of current conditions, including a statewide sum of each unit type; |
(G) Every three (3) years, beginning in 2026, a projection of the number of units required |
to meet estimated population growth and based upon household formation rates; |
(H) A comparison of regional and other similarly situated state funding sources that support |
housing development including a percentage of private, federal, and public support; |
(I) A reporting of unit types by number of bedrooms for rental properties including an |
accounting of all: |
(I) Single-family units; |
(II) Accessory dwelling units; |
(III) Two-family (2) units; |
(IV) Three-family (3) units; |
(V) Multi-unit sufficiently delineated units; |
(VI) Mixed use sufficiently delineated units; and |
(VII) Occupancy and vacancy rates for the prior three (3) years; |
(J) A reporting of unit types by ownership including an accounting of all: |
(I) Single-family units; |
(II) Accessory dwelling units; |
(III) Two-family (2) units; |
(IV) Three-family (3) units; |
(V) Multi-unit sufficiently delineated units; |
(VI) Mixed use sufficiently delineated units; and |
(VII) Occupancy and vacancy rates for the prior three (3) years; |
(K) A reporting of the number of applications submitted or filed for each community |
according to unit type and an accounting of action taken with respect to each application to include, |
approved, denied, appealed, approved upon appeal, and if approved, the justification for each |
appeal approval; |
(L) A reporting of permits for each community according to affordability level that were |
sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for |
each approval; |
(M) A reporting of affordability that shall include the following: |
(I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair- |
market rate, and above moderate-income; including the average and median costs of those units; |
(II) The percent and number of units of extremely low-, very low-, low-, and moderate- |
income housing units by municipality required to satisfy the ten percent (10%) requirement |
pursuant to chapter 24 of title 45; including the average and median costs of those units; |
(III) The percent and number of units for the affordability levels above moderate-income |
housing, including a comparison to fair-market rent; including the average and median costs of |
those units; |
(IV) The percentage of cost burden by municipality with population equivalent; |
(V) The percentage and number of home financing sources, including all private, federal, |
state, or other public support; |
(VI) The disparities in mortgage loan financing by race and ethnicity based on Home |
Mortgage Disclosure Act data by available geographies; |
(VII) The annual median gross rent growth for each of the previous five (5) years by |
municipality; and |
(VIII) The annual growth in median owner-occupied home values for each of the previous |
five (5) years by municipality; |
(N) A reporting of municipal healthy housing stock by unit type and number of bedrooms |
and providing an assessment of the state’s existing housing stock and enumerating any risks to the |
public health from that housing stock, including, but not limited to: the presence of lead, mold, safe |
drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable |
health detriment. Additionally, the report shall provide the percentage of the prevalence of health |
risks by age of the stock for each community by unit type and number of bedrooms; and |
(O) A recommendation shall be included with the report required under this section that |
shall provide consideration to any and all populations, ethnicities, income levels, and other relevant |
demographic criteria determined by the secretary, and with regard to any and all of the criteria |
enumerated elsewhere in the report separately or in combination, provide recommendations to |
resolve any issues that provide an impediment to the development of housing, including specific |
data and evidence in support of the recommendation. All data and methodologies used to present |
evidence are subject to review and approval of the chief of revenue analysis, and that approval shall |
include an attestation of approval by the chief to be included in the report; |
(P) Municipal governments shall provide the Departmentdepartment of |
Housing’shousing’s requested data relevant to this report on or before February 15, 2025, and |
annually thereafter.; |
(v) Have direct oversight over the office of housing and community development (OHCD); |
(vi) On or before November 1, 2022, and on or before December 31, 2024, develop a |
housing organizational plan to be provided to the general assembly that includes a review, analysis, |
and assessment of functions related to housing of all state departments, quasi-public agencies, |
boards, and commissions. Provided, further, the secretary, with the input from each department, |
agency, board, and commission, shall include in the plan comprehensive options, including the |
advantages and disadvantages of each option and recommendations relating to the functions and |
structure of the department of housing, including suggested statutory revisions.; |
(vii) Establish rules and regulations as set forth in § 45-24-77. |
42-64.34-2. Powers and duties. [Effective January 1, 2024.] |
(a) The department of housing shall be the state’s lead agency for housing, homelessness, |
and community development in the state of Rhode Island. |
(b) The secretary of housing shall have the following powers and duties: |
(1) All powers and duties pursuant to § 42-64.19-3(a)(4)chapter 64.34 of title42this |
chapter; |
(2) To supervise the work of the department of housing and to act as its chief administrative |
officer; |
(3) To coordinate the administration and financing of various departments or offices within |
the department of housing; |
(4) To serve as the governor’s chief advisor and liaison to federal policymakers on housing, |
homelessness, and community development as well as the principal point of contact on any such |
related matters; |
(5) To coordinate the housing, homelessness, and community development programs of |
the state of Rhode Island and its departments, agencies, commissions, corporations, and |
subdivisions; |
(6) To employ such personnel and contracts for such consulting services as may be required |
to perform the powers and duties conferred upon the secretary of housing; |
(7) To oversee and direct the administration of funds that may be appropriated from time |
to time to the department of housing; and |
(8) Creation of a written guide for consumers relating to the rights and duties of landlords |
and tenants pursuant to chapter 18 of title 34, which the secretary shall update at minimum on an |
biennial basis. The guide shall be posted on the website of the department of housing and shall be |
published in both English and Spanish. |
(c) In addition to such other powers as may otherwise be delegated elsewhere to the |
department of housing, the department is hereby expressly authorized, by and through the secretary |
of housing: |
(1) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and |
otherwise deal in and with, real or personal property, or any interest in real or personal property, |
wherever situated; |
(2) To accept any gifts or grants or loans of funds or property or financial or other aid in |
any form from the federal government or any agency or instrumentality of the federal government, |
or from the state or any agency or instrumentality of the state, or from any other source and to |
comply, subject to the provisions of this chapter, with the terms and conditions of the gifts, grants, |
or loans; |
(3) Subject to the provisions of § 37-2-1 et seq., to negotiate and to enter into contracts, |
agreements, and cooperative agreements with agencies and political subdivisions of the state, not- |
for-profit corporations, for-profit corporations, and other partnerships, associations, and persons |
for any lawful purpose necessary and desirable to effectuate the purposes of the department of |
housing; and |
(4) To carry out this chapter and perform the duties of the general laws and public laws |
insofar as those provisions relate to any regulatory areas within the jurisdiction of the department |
of housing. |
SECTION 19. Section 42-128-2 of the General Laws in Chapter 42-128 entitled "Rhode |
Island Housing Resources Act of 1998" is hereby amended to read as follows: |
42-128-2. Rhode Island housing resources agency created. |
There is created within the executive department a housing resources agency with the |
following purposes, organization, and powers: |
(1) Purposes: |
(i) To provide coherence to the housing programs of the state of Rhode Island and its |
departments, agencies, commissions, corporations, and subdivisions. |
(ii) To provide for the integration and coordination of the activities of the Rhode Island |
housing and mortgage finance corporation and the Rhode Island housing resources commission. |
(2) Coordinating committee — Created — Purposes and powers: |
(i) The coordinating committee of the housing resources agency shall be comprised of the |
chairperson of the Rhode Island housing and mortgage finance corporation; the chairperson of the |
Rhode Island housing resources commission; the director of the department of administration, or |
the designee of the director; and the executive director of the Rhode Island housing and mortgage |
finance corporation. The chairperson of the Rhode Island housing resources commission shall be |
chairperson of the coordinating committee. |
(ii) The coordinating committee: |
(A) Shall develop and implement, with the approval of the Rhode Island housing and |
mortgage finance corporation and the Rhode Island housing resources commission, a memorandum |
of agreement describing the fiscal and operational relationship between the Rhode Island housing |
and mortgage finance corporation and the Rhode Island housing resources commission and shall |
define which programs of federal assistance will be applied for on behalf of the state by the Rhode |
Island housing and mortgage finance corporation and the Rhode Island housing resources |
commission. |
(B) Is authorized and empowered to negotiate and to enter into contracts and cooperative |
agreements with agencies and political subdivisions of the state, not-for-profit corporations, for |
profit corporations, and other partnerships, associations and persons for any lawful purpose |
necessary and desirable to effect the purposes of this chapter, subject to the provisions of chapter 2 |
of title 37 as applicable. |
(3) There is hereby established a restricted receipt account within the general fund of the |
state known as the Housing Resources and Homelessness restricted receipt account. Funds from |
this account shall be administered by the Departmentdepartment of Housinghousing through the |
Housing Resources Commissionhousing resources commission until such time as § 42-128-2(4) |
takes effect and shall be used to provide for housing and homelessness initiatives including housing |
production, lead hazard abatement, housing rental subsidy, housing retention assistance, and |
homelessness services and prevention assistance with priority to veterans. |
(4) Effective December 31, 2024, or after fulfillment of the reporting requirements |
established under § 42-64.34-1(vi), whichever is later, the restricted receipt account established |
under § 42-128-2(3)subsection (3) of this section shall be administered by the |
Departmentdepartment of Housinghousing in consultation with the Housing Resources |
Commissionhousing resources commission. Funds in this account will be used in accordance with |
the uses established in § 42-128-2(3)subsection (3) of this section. |
SECTION 20. Section 44-25-1 of the General Laws in Chapter 44-25 entitled "Real Estate |
Conveyance Tax" is hereby amended to read as follows: |
44-25-1. Tax imposed — Payment — Burden. |
(a) There is imposed, on each deed, instrument, or writing by which any lands, tenements, |
or other realty sold is granted, assigned, transferred, or conveyed to, or vested in, the purchaser or |
purchasers, or any other person or persons, by his, her, or their direction, or on any grant, |
assignment, transfer, or conveyance or such vesting, by such persons that has the effect of making |
any real estate company an acquired real estate company, when the consideration paid exceeds one |
hundred dollars ($100), a tax at the rate of two dollars and thirty cents ($2.30) for each five hundred |
dollars ($500), or fractional part of it, that is paid for the purchase of property or the interest in an |
acquired real estate company (inclusive of the value of any lien or encumbrance remaining at the |
time the sale, grant, assignment, transfer, or conveyance or vesting occurs, or in the case of an |
interest in an acquired real estate company, a percentage of the value of such lien or encumbrance |
equivalent to the percentage interest in the acquired real estate company being granted, assigned, |
transferred, conveyed, or vested). The tax is payable at the time of making, the execution, delivery, |
acceptance, or presentation for recording of any instrument affecting such transfer grant, |
assignment, transfer, conveyance, or vesting. In the absence of an agreement to the contrary, the |
tax shall be paid by the grantor, assignor, transferor, or person making the conveyance or vesting. |
(b) In addition to the tax imposed by subsection (a), there is imposed, on each deed, |
instrument, or writing by which any residential real property sold is granted, assigned, transferred, |
or conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, |
her, or their direction, or on any grant, assignment, transfer, or conveyance or such vesting, by such |
persons that has the effect of making any real estate company an acquired real estate company, |
when the consideration paid exceeds eight hundred thousand dollars ($800,000), a tax at the rate of |
two dollars and thirty cents ($2.30) for each five hundred dollars ($500), or fractional part of it, of |
the consideration in excess of eight hundred thousand dollars ($800,000) that is paid for the |
purchase of property or the interest in an acquired real estate company (inclusive of the value of |
any lien or encumbrance remaining at the time the sale, grant, assignment, transfer, or conveyance |
or vesting occurs, or in the case of an interest in an acquired real estate company, a percentage of |
the value of such lien or encumbrance equivalent to the percentage interest in the acquired real |
estate company being granted, assigned, transferred, conveyed, or vested). The tax imposed by this |
subsection shall be paid at the same time and in the same manner as the tax imposed by subsection |
(a). |
(c) In the event no consideration is actually paid for the lands, tenements, or realty, the |
instrument or interest in an acquired real estate company of conveyance shall contain a statement |
to the effect that the consideration is such that no documentary stamps are required. |
(d) The tax shall be distributed as follows: |
(1) With respect to the tax imposed by subsection (a): the tax administrator shall contribute |
to the distressed community relief program the sum of thirty cents ($.30) per two dollars and thirty |
cents ($2.30) of the face value of the stamps to be distributed pursuant to § 45-13-12, and to the |
housing resources commission and homelessness restricted receipts receipt account established |
pursuant to § 42-128-2 the sum of thirty cents ($.30) per two dollars and thirty cents ($2.30) of the |
face value of the stamps. Funds will be administered by the office of housing and community |
development, through the housing resources commission. The state shall retain sixty cents ($.60) |
for state use. The balance of the tax shall be retained by the municipality collecting the tax. |
(2) With respect to the tax imposed by subsection (b): the tax administrator shall contribute |
the entire tax to the housing production fund established pursuant to § 42-128-2.1. |
(3) Notwithstanding the above, in the case of the tax on the grant, transfer, assignment or |
conveyance or vesting with respect to an acquired real estate company, the tax shall be collected |
by the tax administrator and shall be distributed to the municipality where the real estate owned by |
the acquired real estate company is located; provided, however, in the case of any such tax collected |
by the tax administrator, if the acquired real estate company owns property located in more than |
one municipality, the proceeds of the tax shall be allocated amongst said municipalities in the |
proportion the assessed value of said real estate in each such municipality bears to the total of the |
assessed values of all of the real estate owned by the acquired real estate company in Rhode Island. |
Provided, however, in fiscal years 2004 and 2005, from the proceeds of this tax, the tax |
administrator shall deposit as general revenues the sum of ninety cents ($.90) per two dollars and |
thirty cents ($2.30) of the face value of the stamps. The balance of the tax on the purchase of |
property shall be retained by the municipality collecting the tax. The balance of the tax on the |
transfer with respect to an acquired real estate company, shall be collected by the tax administrator |
and shall be distributed to the municipality where the property for which interest is sold is |
physically located. Provided, however, that in the case of any tax collected by the tax administrator |
with respect to an acquired real estate company where the acquired real estate company owns |
property located in more than one municipality, the proceeds of the tax shall be allocated amongst |
the municipalities in proportion that the assessed value in any such municipality bears to the |
assessed values of all of the real estate owned by the acquired real estate company in Rhode Island. |
(e) For purposes of this section, the term “acquired real estate company” means a real estate |
company that has undergone a change in ownership interest if (1) The change does not affect the |
continuity of the operations of the company; and (2) The change, whether alone or together with |
prior changes has the effect of granting, transferring, assigning, or conveying or vesting, |
transferring directly or indirectly, 50% or more of the total ownership in the company within a |
period of three (3) years. For purposes of the foregoing subsection (e)(2), a grant, transfer, |
assignment, or conveyance or vesting, shall be deemed to have occurred within a period of three |
(3) years of another grant(s), transfer(s), assignment(s), or conveyance(s) or vesting(s) if during the |
period the granting, transferring, assigning, or conveying party provides the receiving party a |
legally binding document granting, transferring, assigning, or conveying or vesting the realty or a |
commitment or option enforceable at a future date to execute the grant, transfer, assignment, or |
conveyance or vesting. |
(f) A real estate company is a corporation, limited liability company, partnership, or other |
legal entity that meets any of the following: |
(1) Is primarily engaged in the business of holding, selling, or leasing real estate, where |
90% or more of the ownership of the real estate is held by 35 or fewer persons and which company |
either (i) derives 60% or more of its annual gross receipts from the ownership or disposition of real |
estate; or (ii) owns real estate the value of which comprises 90% or more of the value of the entity’s |
entire tangible asset holdings exclusive of tangible assets that are fairly transferrable and actively |
traded on an established market; or |
(2) Ninety percent or more of the ownership interest in such entity is held by 35 or fewer |
persons and the entity owns as 90% or more of the fair market value of its assets a direct or indirect |
interest in a real estate company. An indirect ownership interest is an interest in an entity 90% or |
more of which is held by 35 or fewer persons and the purpose of the entity is the ownership of a |
real estate company. |
(g) In the case of a grant, assignment, transfer, or conveyance or vesting that results in a |
real estate company becoming an acquired real estate company, the grantor, assignor, transferor, or |
person making the conveyance or causing the vesting, shall file or cause to be filed with the division |
of taxation, at least five (5) days prior to the grant, transfer, assignment, or conveyance or vesting, |
notification of the proposed grant, transfer, assignment, or conveyance or vesting, the price, terms |
and conditions thereof, and the character and location of all of the real estate assets held by the real |
estate company and shall remit the tax imposed and owed pursuant to subsection (a). Any such |
grant, transfer, assignment, or conveyance or vesting which results in a real estate company |
becoming an acquired real estate company shall be fraudulent and void as against the state unless |
the entity notifies the tax administrator in writing of the grant, transfer, assignment, or conveyance |
or vesting as herein required in subsection (g) and has paid the tax as required in subsection (a). |
Upon the payment of the tax by the transferor, the tax administrator shall issue a certificate of the |
payment of the tax which certificate shall be recordable in the land evidence records in each |
municipality in which such real estate company owns real estate. Where the real estate company |
has assets other than interests in real estate located in Rhode Island, the tax shall be based upon the |
assessed value of each parcel of property located in each municipality in the state of Rhode Island. |
SECTION 21. Section 44-31.2-11 of the General Laws in Chapter 44-31.2 entitled "Motion |
Picture Production Tax Credits" is hereby amended to read as follows: |
44-31.2-11. Sunset. |
No credits shall be issued on or after July 1, 2027 2029, unless the production has received |
initial certification under § 44-31.2-6(a) prior to July 1, 2027 2029. |
SECTION 22. Section 44-31.3-4 of the General Laws in Chapter 44-31.3 entitled "Musical |
and Theatrical Production Tax Credits" is hereby amended to read as follows: |
44-31.3-4. Sunset. |
No credits shall be issued on or after July 1, 2027 2029, unless the production has received |
initial certification under § 44-31.3-2(c) prior to July 1, 2027 2029. |
SECTION 23. 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, |
2024 2026, or upon the exhaustion of the maximum aggregate credits, whichever comes first. |
SECTION 24. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode |
Island New Qualified Jobs Incentive Act 2015" is hereby amended to read as follows: |
44-48.3-14. Sunset. |
No credits shall be authorized to be reserved pursuant to this chapter after December 31, |
2024 December 31, 2025. |
SECTION 25. This article shall take effect upon passage. |