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ARTICLE 6 AS AMENDED |
RELATING TO ECONOMIC DEVELOPMENT
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SECTION 1. Sections 5-23-2 and 5-23-6 of the General Laws in Chapter 5-23 entitled |
"Holiday Business" are hereby amended to read as follows: |
5-23-2. Licenses for holiday business. |
(a) A retail establishment may be open on any day of the year except as specifically |
prohibited herein. A retail establishment shall not be open on a holiday unless licensed by the |
appropriate town council pursuant to this section. The city or town council of any city or town shall |
grant holiday licenses for the sale by retail establishments. No license shall be issued on December |
25 of any year or on Thanksgiving Day, except to: |
(1) Pharmacies licensed under chapter 19.1 of this title; provided, however, that no drug |
(as defined in § 5-19.1-2) or controlled substance (as defined in § 5-19.1-2) requiring a prescription |
(as defined in § 5-19.1-2) shall be dispensed or sold unless a licensed pharmacist-in-charge (as |
defined in § 5-19.1-2) is available on the premises; |
(2) Retail establishments that principally sell food products as defined in § 44-18-30(9) and |
that employ fewer than six (6) employees per shift at any one location; |
(3) Retail establishments principally engaged in the sale of cut flowers, floral products, |
plants, shrubs, trees, fertilizers, seeds, bulbs, and garden accessories; |
(4) Retail establishments principally engaged in the sale and/or rental of video cassette |
tapes; and |
(5)(4) Retail establishments principally engaged in the preparation or sale of bakery |
products. |
(b) Retail establishments licensed pursuant to this section may be permitted to open for |
business during holidays on their normal business working hours. |
(c) Retail establishments licensed pursuant to this section shall be exempt from the |
provisions of chapter 1 of title 25, entitled “Holidays and Days of Special Observance,” and those |
establishments may sell any and all items sold in the ordinary course of business with the exception |
of alcoholic beverages. |
(d) All employees engaged in work during Sundays or holidays pursuant to the provisions |
of this section shall receive from their employer no less than time and a half for the work so |
performed and shall be guaranteed at least a minimum of four (4) hours employment; except those |
employees referred to in § 28-12-4.3(a)(4), provided that the work performed by the employee is |
strictly voluntary and refusal to work for any retail establishment on a Sunday or holiday is not a |
ground for discrimination, dismissal, or discharge or any other penalty upon the employee. The city |
or town council may fix and cause to be paid into the city or town treasury for each license issued |
pursuant to this section a fee not to exceed the sum of one hundred dollars ($100) and may fix the |
time or times when the license granted terminates; provided, that the city or town council shall not |
charge a licensing fee to any charitable, benevolent, educational, philanthropic, humane, patriotic, |
social service, civic, fraternal, police, fire, labor, or religious organization that is not operated for |
profit. |
(e) Retail establishments engaged principally in the preparation or sale of bakery products |
and pharmacies shall be licensed prior to the sale of those products in accordance with this section; |
provided, that the time and one half and voluntary work provisions do not apply. |
(f)(c) Each city or town council shall fix, limit, and specify those rules, regulations, and |
conditions relating to the granting, holding, and exercising those licenses as it deems necessary or |
advisable and as are not inconsistent with law, and may suspend or revoke any license granted by |
it for more than two (2) violations of those rules, regulations, and conditions during a calendar year. |
(g)(d) Each city or town shall grant Class A licenses authorizing retail establishments that |
sell alcoholic beverages for consumption off of the premises within its jurisdiction to sell on |
Sundays, alcoholic beverages in accordance with the terms of this chapter and that of title 3; |
provided that it shall not permit such sale prior to the hour of twelve noon (12:00 p.m.) or on |
Christmas day, if Christmas shall occur on a Sunday; provided, further, that no employee shall be |
required to work and refusal to work on a Sunday shall not be the grounds for discrimination, |
dismissal, discharge, deduction of hours, or any other penalty. |
5-23-6. Enforcement — Penalties. |
(a) Upon complaint filed with the director of labor and training by any employee or any |
consumer, or if a minor, by his or herthe minor’s parent or guardian, or by the lawful collective |
bargaining representative of an employee, that a licensee under this chapter person, firm, or |
corporation has violated the terms of § 5-23-2, the director shall cause the complaint to be |
investigated, and if satisfied that a probable violation has occurred, shall issue a complaint against |
the licensee person, firm, or corporation with a notice for a hearing. The hearing shall be held before |
a hearing officer of the department of labor and training. If the director concludes on the basis of |
the hearing record that a violation has occurred, he or shethedirector shall issue a cease and desist |
order to the licensee person, firm, or corporation, or he or shethe director shall refer the complaint |
to the attorney general for appropriate action as provided in subsection (c) of this section. The |
director shall issue regulations in conformity with law and preserving the rights of due process of |
all parties to implement the provisions of this subsection. |
(b) Every licensed or unlicensed person, firm, or corporation, including its officers and |
officials, who or that violates any of the provisions of his, her, or its license or the provisions of |
this chapter, except as set forth in subsection (a) of this section, shall be fined not exceeding five |
hundred dollars ($500) for the first offense and not exceeding one thousand dollars ($1,000) for |
each additional offense. |
(c) Except as otherwise provided in subsections (a) and (b) of this section, suit for violation |
of the provisions of this chapter, praying for criminal or civil injunctive or other relief, may be |
instituted in the superior court by any city or town or by the attorney general. |
(d) The penalty for opening and operating a business on December 25th of any year or on |
Thanksgiving Day, unless excepted, is, in addition to subsection (b) of this section, a fine not |
exceeding thirty percent (30%) of the sales or proceeds for that day. |
SECTION 2. Sections 5-23-3, 5-23-4 and 5-23-5 of the General Laws in Chapter 5-23 |
entitled "Holiday Business" are hereby repealed. |
5-23-3. Works of necessity for which license not required. |
A license is not required for the sale upon a holiday of gasoline, oil, grease, automotive |
parts, automotive servicing, or automotive accessories, or for the conducting on that day by any |
farmers’ cooperative association of a wholesale auction market of fruit, vegetables, and farm |
products, all of which are declared to be works of necessity. |
5-23-4. Terms and conditions of license — Revocation. |
Any city or town council in each case of granting the license shall fix, limit, and specify in |
the license the hours of the day during which the licensee or licensees may operate and may make |
those rules, regulations, and conditions relative to the granting, holding, and exercising those |
licenses that it deems necessary or advisable and that are not inconsistent with law, and may at any |
time at its pleasure suspend or revoke the license that it granted. The license shall be displayed in |
a conspicuous place on the premises licensed. |
5-23-5. Place of operation — Delivery carts. |
The license shall not authorize any sale, rental, or operation at any place not specified in |
the license. The license is deemed to include permission to deliver by means of or sell from any |
cart or other vehicle, ice, milk, or newspapers; provided the number of carts or vehicles to be used |
for that purpose shall be specified in the license and there shall be displayed on each cart or vehicle |
while in that use any evidence that the city or town council prescribes that it is being used pursuant |
to that license. |
SECTION 3. Section 5-50-4 of the General Laws in Chapter 5-50 entitled "Health Clubs" |
is hereby amended to read as follows: |
5-50-4. Contract contents — Notice to buyer of right to cancel contract — Right of contract |
cancellation — Refund. |
(a) A copy of every health club contract shall be delivered to the buyer at the time the |
contract is signed. |
(b)(1) All health club contracts must be in writing signed by the buyer; must designate the |
date on which the buyer actually signs the contract; and must contain a statement of the buyer’s |
rights that substantially complies with this section. |
(2) The statement must appear in the contract under the conspicuous caption “BUYER’S |
RIGHT TO CANCEL,” and read as follows: |
“If you wish to cancel this contract, you may cancel in person, by electronic mail, or by |
mail to the seller. You must give notice, in writing, that you do not wish to be bound by the contract. |
This notice must be delivered, electronically transmitted, or mailed before midnight of the tenth |
(10th) business day after the date of the contract so entered into. All cancellations must be delivered, |
electronically transmitted, or mailed to:(Insert name, electronic mail address, and mailing address |
of health club).” |
(3) Proof of in-person cancellation shall be effectuated by writing “cancellation” and the |
date of cancellation across the contract. |
(4) The buyer shall receive a copy of the contract. |
(5) The signature of the person employed by the health club who registers the cancellation |
must also appear on the contract. |
(c) Every contract for health club services shall provide that the contract may be cancelled |
before midnight of the tenth (10th) day after the date of the contract so entered into. The notice of |
the buyer’s cancellation of his or herthe buyer’s contract shall be in writing and shall be made in |
person or by electronic mail to the seller at an electronic mail address that shall be specified in the |
contract or by mail to the seller at the address specified in the contract. |
(d) Every contract for health club services shall provide clearly and conspicuously, in |
writing, that after the expiration of the ten-day (10) period for cancellation as provided in subsection |
(b)(2): |
(1) The buyer shall be relieved from any and all obligations under the contract, and shall |
be entitled to a refund of any prepaid membership under the contract if: |
(i) A buyer relocates further than fifteen (15) miles from a comparable health club facility |
operated by the seller; |
(ii) If a health club facility relocates further than fifteen (15) miles from its current location, |
or the seller does not maintain a health club service within a fifteen (15) mile radius from its current |
location; or |
(iii) If the health club services or facilities are not available to the buyer because the seller |
fails to open a planned health club or location, permanently discontinues operation of the health |
club or location, or substantially changes the operation; |
(2) If a buyer becomes significantly physically or medically disabled for a period in excess |
of three (3) months during the membership term, he or shethe buyer has the option: |
(i) To be relieved of liability for payment on that portion of the contract term for which the |
purchaser is disabled and receive a full refund of any prepaid membership on the contract; or |
(ii) To extend the duration of the contract at no additional cost for a period equal to the |
duration of the disability. The health club may require that a doctor’s certificate be submitted as |
verification of the disability; |
(3) In the event of the buyer’s death, his or herthe buyer’s estate shall be relieved of any |
further obligation for payment under the contract and shall be entitled to a refund for any prepaid |
membership for the unused portion of the contract. The health club may require verification of |
death; |
(4) In the event of a sale of health club ownership, the contract is voidable at the option of |
the buyer. |
(e) A health club contract that does not comply with the provisions of this chapter is |
voidable at the option of the buyer. |
(f) Upon cancellation pursuant to this section, the buyer shall be free of any and all |
obligations under the contract, and any prepaid monies pursuant to this contract shall be refunded |
within fifteen (15) business days of receipt of the notice of cancellation. The right of cancellation |
shall not be affected by the terms of the contract and may not be waived or surrendered. |
(g) Notice of the buyer’s right to cancel and the method of cancellation under this section |
shall also be posted clearly and conspicuously on the premises of the health club. |
SECTION 4. Section 5-78-2 of the General Laws in Chapter 5-78 entitled "Dating |
Services" is hereby amended to read as follows: |
5-78-2. Contract requirements. |
(a) Each contract for social referral services shall provide that such contract may be |
cancelled at any time up until midnight of the third (3rd) business day after the date of receipt by |
the buyer of a copy of the written contract, by written notice, delivered by electronic mail to the |
seller at an electronic mail address that shall be specified in the contract or by certified or registered |
United States mail to the seller at an address that shall be specified in the contract. |
(b)(1) In every contract for social referral services, the seller shall furnish to the buyer a |
fully completed copy of the contract at the time of its execution, which shows the date of the |
transaction and contains the name, electronic mail address, and address of the seller, and in the |
immediate proximity to the space reserved in the contract for the signature of the buyer and in not |
less than ten-point (10) boldface type, a statement in substantially the following form: |
“You, the buyer, may cancel this contract at any time prior to midnight of the third business |
day after your receipt of this contract. See the attached notice of cancellation for an explanation of |
this right.” |
(2) At the time the buyer signs the social referral services contract, a statement captioned |
"Notice of Cancellation" shall be contained in the contract and shall contain, in not less than ten- |
point (10) boldface type, the following information and statements: |
“Notice of Cancellation” |
“________________________________________ (Date of Transaction) |
You may cancel this contract, without any penalty or obligation, at any time prior to |
midnight of the third business day after your receipt of this contract by mailing this signed and |
dated notice of cancellation by certified or registered United States mail to the seller at the following |
address: __________________________. You may also cancel this contract, without any penalty |
or obligation, at any time prior to midnight of the third business day after your receipt of this |
contract by electronically transmitting this contract by electronic mail to the seller at the following |
electronic mail address:________________________________________________. If you cancel, |
any payments made by you under the contract will be returned within ten (10) business days |
following receipt by the seller of your cancellation notice.” |
(3) All moneys paid pursuant to any contract for social referral services shall be refunded |
within ten (10) business days of receipt of the notice of cancellation. |
(c) The consumer’s right of rescission shall not be waived, sold, or abrogated in any way |
or manner. |
SECTION 5. Sections 42-64.20-5 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: |
42-64.20-5. Tax credits. |
(a) An applicant meeting the requirements of this chapter may be allowed a credit as set |
forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of |
the general laws for a qualified development project. |
(b) To be eligible as a qualified development project entitled to tax credits, an applicant’s |
chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the |
time of application, that: |
(1) The applicant has committed a capital investment or owner equity of not less than |
twenty percent (20%) of the total project cost; |
(2) There is a project financing gap in which after taking into account all available private |
and public funding sources, the project is not likely to be accomplished by private enterprise |
without the tax credits described in this chapter; and |
(3) The project fulfills the state’s policy and planning objectives and priorities in that: |
(i) The applicant will, at the discretion of the commerce corporation, obtain a tax |
stabilization agreement from the municipality in which the real estate project is located on such |
terms as the commerce corporation deems acceptable; |
(ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied |
by at least one business employing at least 25 full-time employees after construction or such |
additional full-time employees as the commerce corporation may determine; (B) Is a multi-family |
residential development in a new, adaptive reuse, certified historic structure, or recognized |
historical structure consisting of at least 20,000 square feet and having at least 20 residential units |
in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic |
structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at |
least one business, subject to further definition through rules and regulations promulgated by the |
commerce corporation; and |
(iii) Involves a total project cost of not less than $5,000,000, except for a qualified |
development project located in a hope community or redevelopment area designated under § 45- |
32-4 in which event the commerce corporation shall have the discretion to modify the minimum |
project cost requirement. |
(4) Until July 1, 2025, pursuant to P. L. 2022 ch. 271 and P. L. 2022 ch. 272, for |
construction projects in excess of ten million dollars ($10,000,000), all construction workers shall |
be paid in accordance with the wages and benefits required pursuant to chapter 13 of title 37 with |
all contractors and subcontractors required to file certified payrolls on a monthly basis for all work |
completed in the preceding month on a uniform form prescribed by the director of labor and |
training. Failure to follow the requirements pursuant to chapter 13 of title 37 shall constitute a |
material violation and a material breach of the agreement with the state. The commerce corporation, |
in consultation with the director of labor and training and the tax administrator, shall promulgate |
such rules and regulations as are necessary to implement the enforcement of this subsection. The |
provisions of this subsection shall expire and sunset on July 1, 2025. |
(5) Notwithstanding any general or special law or rule or regulation to the contrary, for |
construction projects awarded a tax credit agreement on or after July 1, 2025, and involving a |
budget of direct hard construction costs (as defined in § 44-33.6-2) in excess of twenty-five million |
dollars ($25,000,000), all construction workers shall be paid in accordance with the wages and |
benefits required pursuant to chapter 13 of title 37 with all contractors and subcontractors required |
to file certified payrolls on a monthly basis for all work completed in the preceding month on a |
uniform form prescribed by the director of labor and training. Failure to follow the requirements |
pursuant to chapter 13 of title 37 shall constitute a material violation and a material breach of the |
agreement with the state. The commerce corporation, in consultation with the director of labor and |
training and the tax administrator, shall promulgate such rules and regulations as are necessary to |
implement the enforcement of this subsection. |
(c) The commerce corporation shall develop separate, streamlined application processes |
for the issuance of rebuild RI tax credits for each of the following: |
(1) Qualified development projects that involve certified historic structures; |
(2) Qualified development projects that involve recognized historical structures; |
(3) Qualified development projects that involve at least one manufacturer; and |
(4) Qualified development projects that include affordable housing or workforce housing. |
(d) Applications made for a historic structure or recognized historic structure tax credit |
under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of |
taxation, at the expense of the commerce corporation, shall provide communications from the |
commerce corporation to those who have applied for and are in the queue awaiting the offer of tax |
credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax |
credit program. |
(e) Applicants (1) Who have received the notice referenced in subsection (d) above and |
who may be eligible for a tax credit pursuant to chapter 33.6 of title 44; (2) Whose application |
involves a certified historic structure or recognized historical structure; or (3) Whose project is |
occupied by at least one manufacturer shall be exempt from the requirements of subsections |
(b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants: |
(i) The division of taxation shall remain responsible for determining the eligibility of an |
applicant for tax credits awarded under chapter 33.6 of title 44; |
(ii) The commerce corporation shall retain sole authority for determining the eligibility of |
an applicant for tax credits awarded under this chapter; and |
(iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the |
annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this |
subsection (e); and |
(iv) No tax credits shall be awarded under this chapter unless the commerce corporation |
receives confirmation from the department of labor and training that there has been compliance |
with the prevailing wage requirements set forth in subsection (b) of this section. |
(f) Maximum project credit. |
(1) For qualified development projects, the maximum tax credit allowed under this chapter |
shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to |
close a project financing gap (after taking into account all other private and public funding sources |
available to the project), as determined by the commerce corporation. |
(2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax |
exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000) |
for any qualified development project under this chapter; except as provided in subsection (f)(3) of |
this section; provided however, any qualified development project that exceeds the project cap upon |
passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further |
increased. No building or qualified development project to be completed in phases or in multiple |
projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all |
phases or projects involved in the rehabilitation of the building. Provided, however, that for |
purposes of this subsection and no more than once in a given fiscal year, the commerce corporation |
may consider the development of land and buildings by a developer on the “I-195 land” as defined |
in § 42-64.24-3(6) as a separate, qualified development project from a qualified development |
project by a tenant or owner of a commercial condominium or similar legal interest including |
leasehold improvement, fit out, and capital investment. Such qualified development project by a |
tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be |
exempted from subsection (f)(1)(i) of this section. |
(3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax |
exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars |
($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter |
into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that |
project is approved for credits pursuant to this chapter by the commerce corporation. |
(4) For qualified development projects involving the development of housing and mixed |
use projects involving housing which are restricted to require at least twenty percent (20%) of the |
housing units being affordable housing or workforce housing development for residents making no |
more than between eighty percent (80%) and one hundred twenty percent (120%) of the area |
median income (AMI) shall be allowed sales and use tax exemptions of up to thirty percent (30%) |
of the maximum project credit in addition to the maximum project credit of fifteen million dollars |
($15,000,000) pursuant to this chapter. Any sales and use tax exemptions allowed in addition to the |
maximum project credit shall be for purchases made by June 30, 2028. |
(g) Credits available under this chapter shall not exceed twenty percent (20%) of the project |
cost, provided, however, that the applicant shall be eligible for additional tax credits of not more |
than ten percent (10%) of the project cost, if the qualified development project meets any of the |
following criteria or other additional criteria determined by the commerce corporation from time |
to time in response to evolving economic or market conditions: |
(1) The project includes adaptive reuse or development of a recognized historical structure; |
(2) The project is undertaken by or for a targeted industry; |
(3) The project is located in a transit-oriented development area; |
(4) The project includes residential development of which at least twenty percent (20%) of |
the residential units are designated as affordable housing or workforce housing; |
(5) The project includes the adaptive reuse of property subject to the requirements of the |
industrial property remediation and reuse act, § 23-19.14-1 et seq.; or |
(6) The project includes commercial facilities constructed in accordance with the minimum |
environmental and sustainability standards, as certified by the commerce corporation pursuant to |
Leadership in Energy and Environmental Design or other equivalent standards. |
(h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter, |
inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed |
two hundred twenty-five million dollars ($225,000,000), excluding any tax credits allowed |
pursuant to subsection (f)(3) of this section. |
(i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the |
project is placed in service. |
(j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer |
in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent |
(15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable |
year. |
(k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer’s total |
tax liability for the year in which the relevant portion of the credit is allowed, the amount that |
exceeds the taxpayer’s tax liability may be carried forward for credit against the taxes imposed for |
the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed |
to a partnership, a limited liability company taxed as a partnership, or multiple owners of property |
shall be passed through to the persons designated as partners, members, or owners respectively pro |
rata or pursuant to an executed agreement among persons designated as partners, members, or |
owners documenting an alternate distribution method without regard to their sharing of other tax |
or economic attributes of such entity. |
(l) The commerce corporation, in consultation with the division of taxation, shall establish, |
by regulation, the process for the assignment, transfer, or conveyance of tax credits. |
(m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer |
for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from |
taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller’s tax calculation |
for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds, |
without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a |
natural person, the seller’s tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable, |
for the year of revocation, or adjustment, shall be increased by including the total amount of the |
sales proceeds without proration. |
(n) The tax credit allowed under this chapter may be used as a credit against corporate |
income taxes imposed under chapter 11, 13, 14, or 17 of title 44, or may be used as a credit against |
personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such |
as a partnership, a limited liability company taxed as a partnership, or multiple owners of property. |
(o) In the case of a corporation, this credit is only allowed against the tax of a corporation |
included in a consolidated return that qualifies for the credit and not against the tax of other |
corporations that may join in the filing of a consolidated tax return. |
(p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem |
this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division |
of taxation, in consultation with the commerce corporation, shall establish by regulation a |
redemption process for tax credits. |
(q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the |
commerce corporation, be exempt from sales and use taxes imposed on the purchase of the |
following classes of personal property only to the extent utilized directly and exclusively in the |
project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles; |
or (2) Other materials, including construction materials and supplies, that are depreciable and have |
a useful life of one year or more and are essential to the project. |
(r) The commerce corporation shall promulgate rules and regulations for the administration |
and certification of additional tax credit under subsection (g), including criteria for the eligibility, |
evaluation, prioritization, and approval of projects that qualify for such additional tax credit. |
(s) The commerce corporation shall not have any obligation to make any award or grant |
any benefits under this chapter. |
42-64.20-10. Sunset. |
No credits shall be authorized to be reserved pursuant to this chapter after December 31, |
2025 2026. |
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, 2025 2026. |
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, 2025 2026. |
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, |
2025 2026. |
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, 2025 2026. |
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, 2025 2028. |
SECTION 11. Section 42-64.26-3 of the General Laws in Chapter 42-64.26 entitled "Stay |
Invested in RI Wavemaker Fellowships" is 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: |
(i) A 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; or |
(ii) A healthcare applicant, as defined pursuant to the provisions of this section, who works |
or professionally provides healthcare services for a minimum of thirty-five (35) hours per week as |
a sole proprietor, as a partner in a healthcare service partnership, or as a member in a single member |
limited liability company ("LLC") to include any healthcare applicant who has completed an |
application pursuant to the provisions of § 42-64.26-5 on or after July 1, 2022. |
(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 or in a capacity as defined in subsection 8(ii) of this section, 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. |
(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. |
(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. |
(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. |
(15) “Taxpayer” means an applicant who receives a tax credit under this chapter. |
(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. |
SECTION 12. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled "Stay |
Invested in RI Wavemaker Fellowships" is hereby amended to read as follows: |
42-64.26-12. Sunset. |
No incentives or credits shall be authorized pursuant to this chapter after December 31, |
2025 2026. |
SECTION 13. 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, 2025 2026. |
SECTION 14. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled |
"Innovation Initiative" is hereby amended to read as follows: |
42-64.28-10. Sunset. |
No vouchers, grants, or incentives shall be authorized pursuant to this chapter after |
December 31, 2025 2026. |
SECTION 15. Section 44-33.6-3 of the General Laws in Chapter 44-33.6 entitled "Historic |
Preservation Tax Credits 2013" is hereby amended to read as follows: |
44-33.6-3. Tax credit. |
(a) Subject to the maximum credit provisions set forth in subsections (c) and (d) below, |
any person, firm, partnership, trust, estate, limited liability company, corporation (whether for |
profit or nonprofit) or other business entity that incurs qualified rehabilitation expenditures for the |
substantial rehabilitation of a certified historic structure, provided the rehabilitation meets standards |
consistent with the standards of the Secretary of the United States Department of the Interior for |
rehabilitation as certified by the commission and said person, firm, partnership, trust, estate, limited |
liability company, corporation or other business entity is not a social club as defined in § 44-33.6- |
2, shall be entitled to a credit against the taxes imposed on such person or entity pursuant to chapter |
11, 12, 13, 14, 17, or 30 of this title in an amount equal to the following: |
(1) Twenty percent (20%) of the qualified rehabilitation expenditures; or |
(2) Twenty-five percent (25%) of the qualified rehabilitation expenditures provided that |
either: |
(i) At least twenty-five percent (25%) of the total rentable area of the certified historic |
structure will be made available for a trade or business; or |
(ii) The entire rentable area located on the first floor of the certified historic structure will |
be made available for a trade or business. |
(b) Tax credits allowed pursuant to this chapter shall be allowed for the taxable year in |
which such certified historic structure or an identifiable portion of the structure is placed in service |
provided that the substantial rehabilitation test is met for such year. |
(c) Maximum project credit. The credit allowed pursuant to this chapter shall not exceed |
five million dollars ($5,000,000) for any certified rehabilitation project under this chapter. No |
building to be completed in phases or in multiple projects shall exceed the maximum project credit |
of five million dollars ($5,000,000) for all phases or projects involved in the rehabilitation of such |
building. |
(d) Maximum aggregate credits. The aggregate credits authorized to be reserved pursuant |
to this chapter shall not exceed sums estimated to be available in the historic preservation tax credit |
trust fund pursuant to this chapter. |
(e) Subject to the exception provided in subsection (g) of this section, if the amount of the |
tax credit exceeds the taxpayer’s total tax liability for the year in which the substantially |
rehabilitated property is placed in service, the amount that exceeds the taxpayer’s tax liability may |
be carried forward for credit against the taxes imposed for the succeeding ten (10) years, or until |
the full credit is used, whichever occurs first for the tax credits. Credits allowed to a partnership, a |
limited liability company taxed as a partnership, or multiple owners of property shall be passed |
through to the persons designated as partners, members, or owners respectively pro rata or pursuant |
to an executed agreement among such persons designated as partners, members, or owners |
documenting an alternate distribution method without regard to their sharing of other tax or |
economic attributes of such entity. Credits may be allocated to partners, members, or owners that |
are exempt from taxation under section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S. |
Code and these partners, members, or owners must be treated as taxpayers for purposes of this |
section. |
(f) If the taxpayer has not claimed the tax credits in whole or part, taxpayers eligible for |
the tax credits may assign, transfer, or convey the credits, in whole or in part, by sale or otherwise |
to any individual or entity, including, but not limited to, condominium owners in the event the |
certified historic structure is converted into condominiums and assignees of the credits that have |
not claimed the tax credits in whole or part may assign, transfer, or convey the credits, in whole or |
in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use |
acquired credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed |
pursuant to chapter 11, 12, 13 (other than the tax imposed under § 44-13-13), 14, 17, or 30 of this |
title. The assignee may apply the tax credit against taxes imposed on the assignee until the end of |
the tenth calendar year after the year in which the substantially rehabilitated property is placed in |
service or until the full credit assigned is used, whichever occurs first. Fiscal year assignees may |
claim the credit until the expiration of the fiscal year that ends within the tenth year after the year |
in which the substantially rehabilitated property is placed in service. The assignor shall perfect the |
transfer by notifying the state of Rhode Island division of taxation, in writing, within thirty (30) |
calendar days following the effective date of the transfer and shall provide any information as may |
be required by the division of taxation to administer and carry out the provisions of this section. |
For purposes of this chapter, any assignment or sales proceeds received by the taxpayer for |
its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from this |
title. If a tax credit is subsequently recaptured under this chapter, revoked, or adjusted, the seller’s |
tax calculation for the year of revocation, recapture, or adjustment shall be increased by the total |
amount of the sales proceeds, without proration, as a modification under chapter 30 of this title. In |
the event that the seller is not a natural person, the seller’s tax calculation under chapter 11, 12, 13 |
(other than with respect to the tax imposed under § 44-13-13), 14, 17, or 30 of this title, as |
applicable, for the year of revocation, recapture, or adjustment, shall be increased by including the |
total amount of the sales proceeds without proration. |
(g) Credits allowed to partners, members, or owners that are exempt from taxation under |
section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S. Code, and only said credits, shall |
be fully refundable. |
(h) Substantial rehabilitation of property that either: |
(1) Is exempt from real property tax; |
(2) Is a social club; or |
(3) Consists of a single-family home or a property that contains less than three (3) |
residential apartments or condominiums shall be ineligible for the tax credits authorized under this |
chapter; provided, however, a scattered site development with five (5) or more residential units in |
the aggregate (which may include single-family homes) shall be eligible for tax credit. In the event |
a certified historic structure undergoes a substantial rehabilitation pursuant to this chapter and |
within twenty-four (24) months after issuance of a certificate of completed work the property |
becomes exempt from real property tax, the taxpayer’s tax for the year shall be increased by the |
total amount of credit actually used against the tax. |
(i) In the case of a corporation, this credit is only allowed against the tax of a corporation |
included in a consolidated return that qualifies for the credit and not against the tax of other |
corporations that may join in the filing of a consolidated tax return. |
(j) For construction projects awarded a tax credit agreement on or after July 1, 2025, and |
involving a budget of direct hard construction costs (as defined in § 44-33.6-2) in excess of ten |
million dollars ($10,000,000) twenty-five million dollars ($25,000,000), all construction workers |
shall be paid in accordance with the wages and benefits required pursuant to chapter 13 of title 37 |
and all contractors and subcontractors shall file certified payrolls on a monthly basis for all work |
completed in the preceding month on a uniform form prescribed by the director of labor and |
training. Failure to follow the requirements pursuant to chapter 13 of title 37 shall constitute a |
material violation and a material breach of the agreement with the state. The tax administrator, in |
consultation with the director of labor and training, shall promulgate such rules and regulations as |
are necessary to implement the enforcement of this subsection. |
(k) No tax credits shall be awarded under this chapter unless the division of taxation |
receives confirmation from the department of labor and training that there has been compliance |
with the prevailing wage requirements set forth in subsection (j) of this section. |
SECTION 16. 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, |
2025 2026. |
SECTION 17. All sections of this article shall take effect upon passage, except Section 1 |
and Section 2, which shall take effect on January 1, 2026. |