1 | ARTICLE 9 | |
2 | RELATING TO ECONOMIC DEVELOPMENT | |
3 | SECTION 1. Sections 5-8-2, 5-8-10, 5-8-11, 5-8-12 and 5-8-15 of Chapter 5-8 of the | |
4 | General Laws entitled “Engineers” are hereby amended as follows: | |
5 | 5-8-2. Definitions. | |
6 | As used or within the intent of this chapter: | |
7 | (a) "Accredited program" means specific engineering curricula within established | |
8 | institutions of higher learning that have both met the criteria of, and have been designated by, the | |
9 | Engineering Accreditation Commission of the following commissions of the Accreditation Board | |
10 | for Engineering and Technology, Inc. (ABET EAC) (“ABET”): the Engineering Accreditation | |
11 | Commission (“ABET-EAC”) and the Engineering Technology Accreditation Commission | |
12 | (“ABET-ETAC”). | |
13 | (b) "Board" means the state board of registration for professional engineers subsequently | |
14 | provided by this chapter. | |
15 | (c) "Department" means the department of business regulation. | |
16 | (d) "Director" means the director of the department of business regulation or his or her | |
17 | designee. | |
18 | (e) "Engineer" means a person who, by reason of his or her special knowledge and use of | |
19 | the mathematical, physical, and engineering sciences and the principles and methods of engineering | |
20 | analysis and design, acquired by engineering education and engineering experience, is qualified to | |
21 | practice engineering, as subsequently defined, and as attested by his or her registration as an | |
22 | engineer. | |
23 | (f) "Engineer-in-training" means a person who complies with the requirements for | |
24 | education, experience, and character, and has passed an examination in the fundamental | |
25 | engineering subjects, as provided in §§ 5-8-11 and 5-8-13. | |
26 | (g) "National Council of Examiners for Engineering and Surveying (NCEES)" is a | |
27 | nationally recognized organization that assists state boards and territorial boards to better discharge | |
28 | their duties and responsibilities in regulating the practice of engineering and land surveying. | |
29 | (h)(1) "Practice of engineering" means any service or creative work, the adequate | |
30 | performance of which requires engineering education, training, and experience in the application | |
31 | of special knowledge of the mathematical, physical, and engineering sciences to services or creative | |
32 | work, such as consultation, investigation, evaluation surveys, planning and design of engineering | |
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1 | systems, and the supervision of construction for the purpose of assuring compliance with | |
2 | specifications; and embracing those services or work in connection with any public or private | |
3 | utilities, structures, buildings, machines, equipment, processes, work, or projects in which the | |
4 | public welfare or the safeguarding of life, health, or property is concerned. | |
5 | (2) Any person shall be construed to practice or offer to practice engineering, within the | |
6 | meaning and intent of this chapter, who: | |
7 | (i) Practices any branch of the profession of engineering; | |
8 | (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents | |
9 | himself or herself to be an engineer, or through the use of some other title implies that he or she is | |
10 | an engineer or that he or she is registered under this chapter; or | |
11 | (iii) Holds himself or herself out as able to perform, or who does perform any engineering | |
12 | service or work or any other service designated by the practitioner or recognized as engineering. | |
13 | (i) "Professional engineer" means a person who has been registered and licensed by the | |
14 | state board of registration for professional engineers. | |
15 | (j) "Responsible charge" means direct control and personal supervision of engineering | |
16 | work. | |
17 | (k) "Rules and regulations" means that document of the same title, as amended from time | |
18 | to time, subject to the director's approval, that has been adopted by the board and filed with the | |
19 | secretary of state in accordance with §§ 42-35-3(a), 42-35-4(b), and 5-8-8. | |
20 | 5-8-10. Roster of registered engineers. | |
21 | A complete roster showing the names and last known addresses of all registered engineers | |
22 | is available on the Department’s website or through an Access to Public Records Request. will be | |
23 | published by the board once each year. Copies of this roster may be mailed to each person so | |
24 | registered, placed on file with the secretary of state, county, and city officials and may be distributed | |
25 | to the public | |
26 | 5-8-11. General requirements for registration or certification. | |
27 | (a) Engineer or engineer-in-training. To be eligible for registration as a professional | |
28 | engineer or certification as an engineer-in-training, an applicant must be of good character and | |
29 | reputation and shall submit five (5) references with his or her application for registration, three (3) | |
30 | of which references shall be registered engineers having personal knowledge of his or her | |
31 | engineering experience, or in the case of an application for certification as an engineer-in- training, | |
32 | by three (3) character references. | |
33 | (b)(a) Professional Engineer. The following shall be considered minimum evidence | |
34 | satisfactory to the board that the applicant is qualified for registration as a professional engineer or | |
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1 | for certification as an engineer-in-training, respectively: | |
2 | (1) Eligibility. To be eligible for registration as a professional engineer, an applicant shall | |
3 | meet the following requirements: | |
4 | (i) Be of good character and reputation; | |
5 | (ii) Submit five (5) references with his or her application for registration, three (3) of which | |
6 | references shall be from registered professional engineers having personal knowledge of the | |
7 | applicant’s engineering experience; | |
8 | (iii) Satisfy the education criteria set forth in this section; | |
9 | (iv) Satisfy the experience criteria set forth in this section; and | |
10 | (v) Pass the applicable examinations as required in this section. | |
11 | (1) As a professional engineer:(i) (2) Registration by endorsement comity. | |
12 | (A)(i) A person holding a current certificate of registration to engage in the practice of | |
13 | engineering, on the basis of comparable written NCEES examinations, issued to him or her by | |
14 | either a proper authority of a state, territory, or possession of the United States, the District of | |
15 | Columbia, or of any foreign country, and whose qualifications meets the requirements of this | |
16 | chapter, based on verified evidence may, upon application, be registered without further | |
17 | examination. | |
18 | (B)(ii) A person holding a certificate of qualification issued by the National Council of | |
19 | Examiners for Engineering and Surveying NCEES Record, whose qualifications as evidenced by | |
20 | the NCEES Record meet the requirements of this chapter, may, upon application, be registered | |
21 | without further examination, provided he or she is qualified. | |
22 | (ii)(3) Graduation from an accredited program, experience and examination. | |
23 | (i) A graduate of or senior enrolled in an ABET-EAC accredited engineering curriculum | |
24 | of four (4) years or more approved by the board as being of satisfactory standing, shall be admitted | |
25 | to an who has passed a NCEES examination in the fundamentals of engineering. Upon passing this | |
26 | examination and obtaining and obtained a specific record of a minimum of four (4) years of | |
27 | experience in engineering work of a grade and character which indicates to the board that the | |
28 | applicant may be competent to practice engineering, the applicant may be admitted, upon | |
29 | application, to an a NCEES examination in the principles and practice of engineering. The graduate | |
30 | having a specific record of twelve (12) years or more of experience in engineering work of a grade | |
31 | and character which indicates to the board that the applicant may be competent to practice | |
32 | engineering, shall be admitted to an examination in the principles and practice of engineering. Upon | |
33 | passing that examination, the applicant shall be granted a certificate of registration to practice | |
34 | engineering in this state, provided he or she is qualified. | |
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1 | (ii) A graduate of an ABET-ETAC accredited engineering technology curriculum of four | |
2 | (4) years or more approved by the board as being of satisfactory standing, who has passed a NCEES | |
3 | examination in the fundamentals of engineering and obtained a specific record of a minimum of | |
4 | eight (8) years of experience in engineering work of a grade and character which indicates to the | |
5 | board that the applicant may be competent to practice engineering, may be admitted, upon | |
6 | application, to a NCEES examination in the principles and practice of engineering. | |
7 | (4) Waiver of Requirement for NCEES Examination in Fundamentals of Engineering. | |
8 | (i) A graduate of an ABET-EAC accredited engineering curriculum having a specific | |
9 | record of twelve (12) years or more of experience in engineering work of a grade and character | |
10 | which indicates to the board that the applicant may be competent to practice engineering, shall be | |
11 | admitted to a NCEES examination in the principles and practice of engineering. Upon passing that | |
12 | examination, the applicant shall be granted a certificate of registration to practice engineering in | |
13 | this state, provided he or she is qualified. | |
14 | (ii) A graduate of an engineering technology curriculum, whether accredited by ABET- | |
15 | ETAC or unaccredited, applying for initial or comity registration as a professional engineer in | |
16 | Rhode Island shall not be eligible for waiver of this requirement. | |
17 | (iii) (5) Graduation from a non-accredited program, experience, and examination. | |
18 | (i) A graduate of or senior enrolled in an engineering curriculum of four (4) years or more | |
19 | other than those approved by the board as being of satisfactory standing shall be admitted to an that | |
20 | is not accredited by ABET-EAC, who has passed a NCEES examination in the fundamentals of | |
21 | engineering. Upon passing this examination and obtaining and obtained a specific record of a | |
22 | minimum of four (4) six (6) years of experience in engineering work of a grade and character which | |
23 | indicates to the board that the applicant may be competent to practice engineering, the applicant | |
24 | may be admitted, upon application, to an a NCEES examination in the principles and practice of | |
25 | engineering. Upon passing these examinations, the applicant shall be granted a certificate of | |
26 | registration to practice engineering in this state, provided he or she is qualified. | |
27 | (ii) A graduate of an engineering technology curriculum of four (4) years or more that is | |
28 | not accredited by ABET-ETAC is not eligible for registration as a professional engineer in this | |
29 | state unless they obtain an advanced engineering degree from an ABET-EAC accredited program. | |
30 | (iv)(6) Teaching. Engineering teaching in a college or university offering an ABET- EAC | |
31 | accredited engineering curriculum of four (4) years or more may be considered as engineering | |
32 | experience. | |
33 | (v)(7) Engineers previously registered. Each engineer holding a certificate of registration | |
34 | and each engineer-in-training under the laws of this state as previously in effect shall be deemed | |
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1 | registered as an engineer or engineer-in- training as appropriate under this chapter in accordance | |
2 | with the laws in effect at the time of their initial registration. | |
3 | (2)(b) As an engineer Engineer-in-training: the The following is shall be considered as | |
4 | minimum evidence satisfactory to the board that the applicant is qualified for certification as an | |
5 | engineer-in-training: | |
6 | (1) Eligibility. To be eligible for registration as an engineer-in-training, an applicant shall | |
7 | meet the following requirements: | |
8 | (i) Be of good character and reputation; | |
9 | (ii) Submit three (3) character references, one (1) of which must be from a registered | |
10 | professional engineer; | |
11 | (iii) Satisfy the education requirements set forth in this section; and | |
12 | (iv) Satisfy the examination requirements set forth in this section. | |
13 | (i)(2) Graduation and examination. A graduate of an ABET-EAC or an ABET-ETAC | |
14 | accredited engineering curriculum program of four (4) years or more who has passed the board’s a | |
15 | NCEES examination in the fundamentals of engineering shall be certified or enrolled as an | |
16 | engineer-in-training, if he or she is qualified. | |
17 | (ii)(3) Graduation from a non-accredited program and examination. A graduate of a non- | |
18 | accredited engineering curriculum of four (4) years or more who has passed the board's a NCEES | |
19 | examination in the fundamentals of engineering and has obtained two (2) years of engineering | |
20 | experience of a grade and character approved by the board shall be certified and enrolled as an | |
21 | engineer in training, if he or she is qualified. Graduates of a non-accredited engineering technology | |
22 | curriculum are not eligible for certification as an engineer in training. | |
23 | (iii)(4) Duration of engineer in training certification. The certification or enrollment of an | |
24 | engineer in training shall be valid for a minimum period of twelve (12) years not expire and does | |
25 | not need to be renewed. | |
26 | 5-8-12 Form of application for registration or certification – Registration, | |
27 | certification, and enrollment fees. | |
28 | (a) Application for registration as a professional engineer or land surveyor or certification | |
29 | as an engineer-in-training shall: | |
30 | (1) Be on a form prescribed and furnished by the board; | |
31 | (2) Establish compliance with the licensing requirements pursuant to § 5-8-11; and | |
32 | (3) Contain references as prescribed in § 5-8-11, none of whom may be members of the | |
33 | board. | |
34 | (b) The application and reexamination fees for professional engineers shall be set by the | |
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1 | board in an amount to cover the charges and expenses of examination and scoring reviewing | |
2 | applications and shall accompany the application. | |
3 | (c) The fee for engineer-in-training certification or enrollment shall be set by the board in | |
4 | an amount to cover the charges and expenses of examination and scoring reviewing applications | |
5 | and shall accompany the application. | |
6 | (d) Should the board deny the issuance of a certificate to any applicant, the fee paid shall | |
7 | be retained as an application fee All application fees are non-refundable, even if an application is | |
8 | denied. | |
9 | 5-8-15. Expiration and renewal of certificates of registration for professional | |
10 | engineers. | |
11 | (a) Certificates of registration shall expire on the last day of the month of June following | |
12 | their issuance and become invalid after that date unless renewed. It is the duty of the board to notify | |
13 | every person registered under this chapter of the date of the expiration of his or her certificate and | |
14 | the amount of the fee required for its renewal. The notice shall be delivered, electronically or | |
15 | otherwise, to the registrant, at his or her last-known e-mail address, at least one month in advance | |
16 | of the date of the expiration of the certificate. | |
17 | (b) Renewal may be effected at any time Certificates of registration must be renewed prior | |
18 | to, or during the month of, June by the payment of a fee set by the board in an amount not less than | |
19 | one hundred fifty dollars ($150), but not to exceed one hundred eighty dollars ($180). Renewal of | |
20 | an expired certificate may be effected Expired certificates may be renewed within a period of three | |
21 | (3) years, provided evidence is submitted to the board attesting to the continued competence and | |
22 | good character of the applicant. In the event renewal is not made before the end of the third year, | |
23 | the board may require any reexamination that it deems appropriate. The amount to be paid for that | |
24 | renewal is the annual fee set by the board in an amount not to exceed one hundred eighty dollars | |
25 | ($180) times the number of years the applicant has been delinquent, plus a penalty of sixty dollars | |
26 | ($60.00) per delinquent year. | |
27 | SECTION 2. Sections 42-64.20-5 and 42-64.20-10 of the General Laws in Chapter 42- | |
28 | 64.20 entitled "Rebuild Rhode Island Tax Credit” are hereby amended to read as follows: | |
29 | 42-64.20-5. Tax credits. | |
30 | (a) An applicant meeting the requirements of this chapter may be allowed a credit as set | |
31 | forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of | |
32 | the general laws for a qualified development project. | |
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1 | (b) To be eligible as a qualified development project entitled to tax credits, an applicant's | |
2 | chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the | |
3 | time of application, that: | |
4 | (1) The applicant has committed a capital investment or owner equity of not less than | |
5 | twenty percent (20%) of the total project cost; | |
6 | (2) There is a project financing gap in which after taking into account all available private | |
7 | and public funding sources, the project is not likely to be accomplished by private enterprise | |
8 | without the tax credits described in this chapter; and | |
9 | (3) The project fulfills the state's policy and planning objectives and priorities in that: | |
10 | (i) The applicant will, at the discretion of the commerce corporation, obtain a tax | |
11 | stabilization agreement from the municipality in which the real estate project is located on such | |
12 | terms as the commerce corporation deems acceptable; | |
13 | (ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied | |
14 | by at least one business employing at least 25 full-time employees after construction or such | |
15 | additional full-time employees as the commerce corporation may determine; (B) Is a multi-family | |
16 | residential development in a new, adaptive reuse, certified historic structure, or recognized | |
17 | historical structure consisting of at least 20,000 square feet and having at least 20 residential units | |
18 | in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic | |
19 | structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at | |
20 | least one business, subject to further definition through rules and regulations promulgated by the | |
21 | commerce corporation; and | |
22 | (iii) Involves a total project cost of not less than $5,000,000, except for a qualified | |
23 | development project located in a hope community or redevelopment area designated under § 45- | |
24 | 32-4 in which event the commerce corporation shall have the discretion to modify the minimum | |
25 | project cost requirement. | |
26 | (c) The commerce corporation shall develop separate, streamlined application processes | |
27 | for the issuance of rebuild RI tax credits for each of the following: | |
28 | (1) Qualified development projects that involve certified historic structures; | |
29 | (2) Qualified development projects that involve recognized historical structures; | |
30 | (3) Qualified development projects that involve at least one manufacturer; and | |
31 | (4) Qualified development projects that include affordable housing or workforce housing. | |
32 | (d) Applications made for a historic structure or recognized historic structure tax credit | |
33 | under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of | |
34 | taxation, at the expense of the commerce corporation, shall provide communications from the | |
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1 | commerce corporation to those who have applied for and are in the queue awaiting the offer of tax | |
2 | credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax | |
3 | credit program. | |
4 | (e) Applicants (1) Who have received the notice referenced in subsection (d) above and | |
5 | who may be eligible for a tax credit pursuant to chapter 33.6 of title 44, (2) Whose application | |
6 | involves a certified historic structure or recognized historical structure, or (3) Whose project is | |
7 | occupied by at least one manufacturer shall be exempt from the requirements of subsections | |
8 | (b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants: | |
9 | (i) The division of taxation shall remain responsible for determining the eligibility of an | |
10 | applicant for tax credits awarded under chapter 33.6 of title 44; | |
11 | (ii) The commerce corporation shall retain sole authority for determining the eligibility of | |
12 | an applicant for tax credits awarded under this chapter; and | |
13 | (iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the | |
14 | annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this | |
15 | subsection (e). | |
16 | (f) Maximum project credit. | |
17 | (1) For qualified development projects, the maximum tax credit allowed under this chapter | |
18 | shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to | |
19 | close a project financing gap (after taking into account all other private and public funding sources | |
20 | available to the project), as determined by the commerce corporation. | |
21 | (2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax | |
22 | exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000) | |
23 | for any qualified development project under this chapter; except as provided in subsection (f)(3) of | |
24 | this section; provided however, any qualified development project that exceeds the project cap upon | |
25 | passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further | |
26 | increased. No building or qualified development project to be completed in phases or in multiple | |
27 | projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all | |
28 | phases or projects involved in the rehabilitation of the building. Provided, however, that for | |
29 | purposes of this subsection and no more than once in a given fiscal year, the commerce corporation | |
30 | may consider the development of land and buildings by a developer on the "I-195 land" as defined | |
31 | in § 42-64.24-3(6) as a separate, qualified development project from a qualified development | |
32 | project by a tenant or owner of a commercial condominium or similar legal interest including | |
33 | leasehold improvement, fit out, and capital investment. Such qualified development project by a | |
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1 | tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be | |
2 | exempted from subsection (f)(1)(i) of this section. | |
3 | (3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax | |
4 | exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars | |
5 | ($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter | |
6 | into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that | |
7 | project is approved for credits pursuant to this chapter by the commerce corporation. | |
8 | (g) Credits available under this chapter shall not exceed twenty percent (20%) of the project | |
9 | cost, provided, however, that the applicant shall be eligible for additional tax credits of not more | |
10 | than ten percent (10%) of the project cost, if the qualified development project meets any of the | |
11 | following criteria or other additional criteria determined by the commerce corporation from time | |
12 | to time in response to evolving economic or market conditions: | |
13 | (1) The project includes adaptive reuse or development of a recognized historical structure; | |
14 | (2) The project is undertaken by or for a targeted industry; | |
15 | (3) The project is located in a transit-oriented development area; | |
16 | (4) The project includes residential development of which at least twenty percent (20%) of | |
17 | the residential units are designated as affordable housing or workforce housing; | |
18 | (5) The project includes the adaptive reuse of property subject to the requirements of the | |
19 | industrial property remediation and reuse act, § 23-19.14-1 et seq.; or | |
20 | (6) The project includes commercial facilities constructed in accordance with the minimum | |
21 | environmental and sustainability standards, as certified by the commerce corporation pursuant to | |
22 | Leadership in Energy and Environmental Design or other equivalent standards. | |
23 | (h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter, | |
24 | inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed | |
25 | two hundred ten million dollars ($210,000,000)two hundred forty million dollars ($240,000,000), | |
26 | excluding any tax credits allowed pursuant to subsection (f)(3) of this section. | |
27 | (i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the | |
28 | project is placed in service. | |
29 | (j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer | |
30 | in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent | |
31 | (15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable | |
32 | year. | |
33 | (k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer's total | |
34 | tax liability for the year in which the relevant portion of the credit is allowed, the amount that | |
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1 | exceeds the taxpayer's tax liability may be carried forward for credit against the taxes imposed for | |
2 | the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed | |
3 | to a partnership, a limited-liability company taxed as a partnership, or multiple owners of property | |
4 | shall be passed through to the persons designated as partners, members, or owners respectively pro | |
5 | rata or pursuant to an executed agreement among persons designated as partners, members, or | |
6 | owners documenting an alternate distribution method without regard to their sharing of other tax | |
7 | or economic attributes of such entity. | |
8 | (l) The commerce corporation, in consultation with the division of taxation, shall establish, | |
9 | by regulation, the process for the assignment, transfer, or conveyance of tax credits. | |
10 | (m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer | |
11 | for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from | |
12 | taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller's tax calculation | |
13 | for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds, | |
14 | without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a | |
15 | natural person, the seller's tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable, | |
16 | for the year of revocation, or adjustment, shall be increased by including the total amount of the | |
17 | sales proceeds without proration. | |
18 | (n) The tax credit allowed under this chapter may be used as a credit against corporate | |
19 | income taxes imposed under chapter 11, 13, 14, or 17, of title 44, or may be used as a credit against | |
20 | personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such | |
21 | as a partnership, a limited-liability company taxed as a partnership, or multiple owners of property. | |
22 | (o) In the case of a corporation, this credit is only allowed against the tax of a corporation | |
23 | included in a consolidated return that qualifies for the credit and not against the tax of other | |
24 | corporations that may join in the filing of a consolidated tax return. | |
25 | (p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem | |
26 | this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division | |
27 | of taxation, in consultation with the commerce corporation, shall establish by regulation a | |
28 | redemption process for tax credits. | |
29 | (q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the | |
30 | commerce corporation, be exempt from sales and use taxes imposed on the purchase of the | |
31 | following classes of personal property only to the extent utilized directly and exclusively in the | |
32 | project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles; | |
33 | or (2) Other materials, including construction materials and supplies, that are depreciable and have | |
34 | a useful life of one year or more and are essential to the project. | |
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1 | (r) The commerce corporation shall promulgate rules and regulations for the administration | |
2 | and certification of additional tax credit under subsection (e), including criteria for the eligibility, | |
3 | evaluation, prioritization, and approval of projects that qualify for such additional tax credit. | |
4 | (s) The commerce corporation shall not have any obligation to make any award or grant | |
5 | any benefits under this chapter. | |
6 | 42-64.20-10. Sunset. | |
7 | No credits shall be authorized to be reserved pursuant to this chapter after June 30, | |
8 | 2021December 31, 2022. | |
9 | SECTION 3. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled “Rhode | |
10 | Island Tax Increment Financing” is hereby amended to read as follows: | |
11 | 42-64.21-9. Sunset. | |
12 | The commerce corporation shall enter into no agreement under this chapter after June 30, | |
13 | 2021December 31, 2022. | |
14 | SECTION 4. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled “Tax | |
15 | Stabilization Incentive” is hereby amended to read as follows: | |
16 | 42-64.22-15. Sunset. | |
17 | The commerce corporation shall enter into no agreement under this chapter after June 30, | |
18 | 2021December 31, 2022. | |
19 | SECTION 5. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled “First | |
20 | Wave Closing Fund Act” is hereby amended to read as follows: | |
21 | 42-64.23-8. Sunset. | |
22 | No financing shall be authorized to be reserved pursuant to this chapter after June 30, | |
23 | 2021December 31, 2022. | |
24 | SECTION 6. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled “I-195 | |
25 | Redevelopment Project Fund Act” is hereby amended as follows: | |
26 | 42-64.24-8. Sunset. | |
27 | No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant | |
28 | to this chapter after June 30, 2021December 31, 2022. | |
29 | SECTION 7. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled | |
30 | “Rhode Island Small Business Assistance Program” is amended to read as follows: | |
31 | § 42-64.25-14. Sunset. | |
32 | No grants, funding, or incentives shall be authorized pursuant to this chapter after June 30, | |
33 | 2021December 31, 2022. | |
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1 | SECTION 8. Sections 42-64.26-3, 42-64.26-5, 42-64.26-8 and 42-64.26-12 of the General | |
2 | Laws in Chapter 42-64.26 entitled “Stay Invested in RI Wavemaker Fellowship” are hereby | |
3 | amended to read as follows: | |
4 | 42-64.26-3. Definitions. | |
5 | As used in this chapter: | |
6 | (1) “Eligible graduate” means an individual who meets the eligibility requirements under | |
7 | this chapter. | |
8 | (2) “Applicant” means an eligible graduate who applies for a tax credit for education loan | |
9 | repayment expenses under this chapter. | |
10 | (3) “Award” means a tax credit awarded by the commerce corporation to an applicant as | |
11 | provided under this chapter. | |
12 | (4) “Business” means any corporation, state bank, federal savings bank, trust company, | |
13 | national banking association, bank holding company, loan and investment company, mutual | |
14 | savings bank, credit union, building and loan association, insurance company, investment | |
15 | company, broker-dealer company or surety company, limited liability company, partnership, sole | |
16 | proprietorship, or federal agency or subsidiaries thereof. | |
17 | (4)(5) “Taxpayer” means an applicant who receives a tax credit under this chapter. | |
18 | (5)(6) “Commerce corporation” means the Rhode Island commerce corporation established | |
19 | pursuant to chapter 64 of title 42. | |
20 | (6)(7) “Eligible expenses” or “education loan repayment expenses” means annual higher | |
21 | education loan repayment expenses, including, without limitation, principal, interest and fees, as | |
22 | may be applicable, incurred and paid by an eligible graduate and which the eligible graduate is | |
23 | obligated to repay for attendance at a post-secondary institution of higher learning. | |
24 | (7)(8) “Eligibility period” means a term of up to four (4) consecutive service periods | |
25 | beginning with the date that an eligible graduate receives initial notice of award under this chapter | |
26 | and expiring at the conclusion of the fourth service period after such date specified. | |
27 | (8)(9) “Eligibility requirements” means the following qualifications or criteria required for | |
28 | an applicant to claim an award under this chapter: | |
29 | (i) That the applicant shall have graduated from an accredited two (2) year, four (4) year | |
30 | or graduate post-secondary institution of higher learning with an associate’s, bachelor’s, graduate, | |
31 | or post-graduate degree and at which the applicant incurred education loan repayment expenses; | |
32 | (ii) That the applicant shall be a full-time employee with a Rhode Island-based employer | |
33 | located in this state throughout the eligibility period, whose employment is for work in one or more | |
34 | of the following covered fields: life, natural or environmental sciences; computer, information or | |
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1 | software technology; advanced mathematics or finance; engineering; industrial design or other | |
2 | commercially related design field; or medicine or medical device technology. | |
3 | (9)(10) “Full-time employee” means a person who is employed by a business for | |
4 | consideration for a minimum of at least thirty-five (35) hours per week, or who renders any other | |
5 | standard of service generally accepted by custom or practice as full-time employment, or who is | |
6 | employed by a professional employer organization pursuant to an employee leasing agreement | |
7 | between the business and the professional employer organization for a minimum of thirty-five (35) | |
8 | hours per week, or who renders any other standard of service generally accepted by custom or | |
9 | practice as full-time employment, and whose wages are subject to withholding and whose earnings | |
10 | are subject to Rhode Island income tax. | |
11 | (10)(11) “Service period” means a twelve (12) month period beginning on the date that an | |
12 | eligible graduate applicant receives initial notice of award under this chapter. | |
13 | (11)(12) “Student loan” means a loan to an individual by a public authority or private lender | |
14 | to assist the individual to pay for tuition, books, and living expenses in order to attend a post- | |
15 | secondary institution of higher learning. | |
16 | (12)(13) “Rhode Island-based employer” means (i) an employer having a principal place | |
17 | of business or at least fifty-one percent (51%) of its employees located in this state; or (ii) an | |
18 | employer registered to conduct business in this state that reported Rhode Island tax liability in the | |
19 | previous tax year. | |
20 | (13)(14) “Fund” refers to the “Stay Invested in RI Wavemaker Fellowship Fund” | |
21 | established pursuant to § 42-64.26-4. | |
22 | 42-64.26-5. Administration. | |
23 | (a) Application. An eligible graduate claiming an award under this chapter shall submit to | |
24 | the commerce corporation an application in the manner that the commerce corporation shall | |
25 | prescribe. | |
26 | (b) Upon receipt of a proper application from an applicant who meets all of the eligibility | |
27 | requirements, the commerce corporation shall select applicants on a competitive basis to receive | |
28 | credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for | |
29 | an associate’s degree holder, four thousand dollars ($4,000) for a bachelor’s degree holder, and six | |
30 | thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the | |
31 | education loan repayment expenses incurred by such taxpayer during each service period | |
32 | completed, for up to four (4) consecutive service periods provided that the taxpayer continues to | |
33 | meet the eligibility requirements throughout the eligibility period. The commerce corporation shall | |
34 | delegate the selection of the applicants that are to receive awards to a one or more fellowship | |
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1 | committees to be convened by the commerce corporation and promulgate the selection procedures | |
2 | the fellowship committee or committees will use, which procedures shall require that the | |
3 | committee’s consideration of applications be conducted on a name-blind and employer-blind basis | |
4 | and that the applications and other supporting documents received or reviewed by the fellowship | |
5 | committee or committees shall be redacted of the applicant’s name, street address, and other | |
6 | personally-identifying information as well as the applicant’s employer’s name, street address, and | |
7 | other employer-identifying information. The commerce corporation shall determine the | |
8 | composition of the fellowship committee or committees and the selection procedures it will use in | |
9 | consultation with the state’s chambers of commerce. | |
10 | (c) The credits awarded under this chapter shall not exceed one hundred percent (100%) | |
11 | of the education loan repayment expenses incurred paid by such taxpayer during each service | |
12 | period completed for up to four (4) consecutive service periods. Tax credits shall be issued annually | |
13 | to the taxpayer upon proof that (i) the taxpayer has actually incurred and paid such education loan | |
14 | repayment expenses; (ii) the taxpayer continues to meet the eligibility requirements throughout the | |
15 | service period; (iii) The award shall not exceed the original loan amount plus any capitalized | |
16 | interest less award previously claimed under this section; and (iv) that the taxpayer claiming an | |
17 | award is current on his or her student loan repayment obligations. | |
18 | (d) The commerce corporation shall not commit to overall awards in excess of the amount | |
19 | contained in the fund. | |
20 | (e) The commerce corporation shall reserve seventy percent (70%) of the awards issued in | |
21 | a calendar year to applicants who are permanent residents of the state of Rhode Island or who | |
22 | attended an institution of higher education located in Rhode Island when they incurred the | |
23 | education loan expenses to be repaid. | |
24 | (f) In administering awards, the commerce corporation shall: | |
25 | (1) Require suitable proof that an applicant meets the eligibility requirements for award | |
26 | under this chapter; | |
27 | (2) Determine the contents of applications and other materials to be submitted in support | |
28 | of an application for award under this chapter; and | |
29 | (3) Collect reports and other information during the eligibility period for each award to | |
30 | verify that a taxpayer continues to meet the eligibility requirements for an award. | |
31 | 42-64.26-8. Carry forward and redemption of tax credits. | |
32 | (a) If the amount of the tax credit allowed under this chapter exceeds the taxpayer’s total | |
33 | tax liability for the year in which the credit is allowed, the amount of such credit that exceeds the | |
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1 | taxpayer’s tax liability may be carried forward and applied against the taxes imposed for the | |
2 | succeeding four (4) years, or until the full credit is used, whichever occurs first. | |
3 | (b) The tax credit allowed under this chapter may be used as a credit against personal | |
4 | income taxes imposed under chapter 30 of title 44. | |
5 | (c) The division of taxation shall at the request of a taxpayer redeem such credits in whole | |
6 | or in part for one hundred percent (100%) of the value of the tax credit. | |
7 | (d) Any amounts paid to a taxpayer for the redemption of tax credits allowed award issued | |
8 | pursuant to this chapter after January 1, 2021 pursuant to this section shall be exempt from taxation | |
9 | under title 44 of the General Laws. | |
10 | 42-64.26-12. Sunset. | |
11 | No incentives or credits shall be authorized pursuant to this chapter after June 30, | |
12 | 2021December 31, 2022. | |
13 | SECTION 9. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled “Main | |
14 | Street Rhode Island Streetscape Improvement Fund” is hereby amended as follows: | |
15 | § 42-64.27-6. Sunset. | |
16 | No incentives shall be authorized pursuant to this chapter after June 30, 2021December 31, | |
17 | 2022. | |
18 | SECTION 10. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled | |
19 | “Innovation Initiative” is hereby amended as follows: | |
20 | 42-64.28-10. Sunset. | |
21 | No vouchers, grants, or incentives shall be authorized pursuant to this chapter after June | |
22 | 30, 2021December 31, 2022. | |
23 | SECTION 11. Section 42-64.29-8 of the General Laws in Chapter 42-64.29 entitled | |
24 | “Industry Cluster Grants” is hereby amended as follows: | |
25 | 42-64.29-8. Sunset. | |
26 | No grants or incentives shall be authorized to be reserved pursuant to this chapter after | |
27 | June 30, 2021December 31, 2022. | |
28 | SECTION 12. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled “High | |
29 | School, College, and Employer Partnerships” is hereby amended as follows: | |
30 | 42-64.31-4. Sunset. | |
31 | No grants shall be authorized pursuant to this chapter after June 30, 2021December 31, | |
32 | 2022. | |
33 | SECTION 13. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled “Air | |
34 | Service Development Fund” is hereby amended as follows: | |
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1 | 42-64.32-6. Sunset. | |
2 | No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant | |
3 | to this chapter after June 30, 2021December 31, 2022. | |
4 | SECTION 14. Sections 42-64.33-2, 42-64.33-3, 42-64.33-4, 42-64.33-5 and 42-64.33-9 | |
5 | of the General Laws in Chapter 42-64.33 entitled “Small Business Development Loan Fund” are | |
6 | hereby amended to read as follows: | |
7 | 42-64.33-2. Definitions. | |
8 | (a) As used in this chapter: | |
9 | (1) "Affiliate" means an entity that directly, or indirectly, through one or more | |
10 | intermediaries, controls, or is controlled by, or is under common control with another entity. For | |
11 | the purposes of this chapter, an entity is "controlled by" another entity if the controlling entity holds, | |
12 | directly or indirectly, the majority voting or ownership interest in the controlled entity or has control | |
13 | over the day-to-day operations of the controlled entity by contract or by law. | |
14 | (2) "Applicable percentage" means zero percent (0%) for the first three (3) credit allowance | |
15 | dates, and up to twenty-one and one-half percent (21.5%) for the fourth, fifth, and sixth credit | |
16 | allowance dates. | |
17 | (3) "Capital investment" means any equity or debt investment in a small business | |
18 | development fund by a small business fund investor that: | |
19 | (i) Is acquired after July 5, 2019, at its original issuance solely in exchange for cash; | |
20 | (ii) Has one hundred percent (100%) of its cash purchase price used by the small business | |
21 | development fund to make qualified investments in eligible businesses located in this state within | |
22 | three (3) years of the initial credit allowance date; and | |
23 | (iii) Is designated by the small business development fund as a capital investment under | |
24 | this chapter and is certified by the corporation pursuant to § 42-64.33-4. This term shall include | |
25 | any capital investment that does not meet the provisions of § 42-64.33-4(a) if the investment was | |
26 | a capital investment in the hands of a prior holder. | |
27 | (4) "Corporation" means the Rhode Island commerce corporation. | |
28 | (5) "Credit allowance date" means the date on which a capital investment is made and each | |
29 | of the five (5) anniversary dates of the date thereafter. | |
30 | (6) "Eligible business" means a business that, at the time of the initial qualified investment | |
31 | in the company: | |
32 | (i) Has less than two hundred fifty (250) employees; | |
33 | (ii) Has not more than fifteen million dollars ($15,000,000) in net income from the | |
34 | preceding tax year; | |
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1 | (iii) Has its principal business operations in this state; and | |
2 | (iv) Is engaged in industries related to clean energy, biomedical innovation, life sciences, | |
3 | information technology, software, cyber physical systems, cybersecurity, data analytics, defense, | |
4 | shipbuilding, maritime, composites, advanced business services, design, food, manufacturing, | |
5 | transportation, distribution, logistics, arts, education, hospitality, tourism, or, if not engaged in the | |
6 | industries, the corporation makes a determination that the investment will be beneficial to the | |
7 | economic growth of the state. | |
8 | (7) "Eligible distribution" means a corporation approved distribution in relation to an | |
9 | application which is: | |
10 | (i) A distribution of cash to one or more equity owners of a small business fund investor to | |
11 | fully or partially offset a projected increase in the owner's federal or state tax liability, including | |
12 | any penalties and interest, related to the owner's ownership, management, or operation of the small | |
13 | business fund investor; | |
14 | (ii) A distribution of cash as payment of interest and principal on the debt of the small | |
15 | business fund investor or small business development fund; or | |
16 | (iii) A distribution of cash related to the reasonable costs and expenses of forming, | |
17 | syndicating, managing, and operating the small business fund investor or the small business | |
18 | development fund, or a return of equity or debt to affiliates of a small business fund investor or | |
19 | small business development fund. The distributions may include reasonable and necessary fees paid | |
20 | for professional services, including legal and accounting services, related to the formation and | |
21 | operation of the small business development fund. | |
22 | (8) "Jobs created" means a newly created position of employment that was not previously | |
23 | located in the state at the time of the qualified investment in the eligible business and requiring a | |
24 | minimum of thirty five (35) hours worked each week, measured each year by subtracting the | |
25 | number of full-time, thirty-five hours-per-week (35) employment positions at the time of the initial | |
26 | qualified investment in the eligible business from the monthly average of full-time, thirty-five | |
27 | hours-per-week (35) employment positions for the applicable year. The number shall not be less | |
28 | than zero. | |
29 | (9) "Jobs retained" means a position requiring a minimum of thirty five (35) hours worked | |
30 | each week that existed prior to the initial qualified investment. Retained jobs shall be counted each | |
31 | year based on the monthly average of full-time, thirty-five hours-per-week (35) employment | |
32 | positions for the applicable year. The number shall not exceed the initial amount of retained jobs | |
33 | reported and shall be reduced each year if employment at the eligible business concern drops below | |
34 | that number. | |
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1 | (10) "Minority business enterprise" means an eligible business which is certified by the | |
2 | Rhode Island office of diversity, equity and opportunity as being a minority or women business | |
3 | enterprise. | |
4 | (11) "Principal business operations" means the location where at least sixty percent (60%) | |
5 | of a business's employees work or where employees who are paid at least sixty percent (60%) | |
6 | percent of the business's payroll work. A business that has agreed to relocate employees using the | |
7 | proceeds of a qualified investment to establish its principal business operations in a new location | |
8 | shall be deemed to have its principal business operations in the new location if it satisfies these | |
9 | requirements no later than one hundred eighty (180) days after receiving a qualified investment. | |
10 | (12) "Purchase price" means the amount paid to the small business development fund that | |
11 | issues a capital investment that shall not exceed the amount of capital investment authority certified | |
12 | pursuant to § 42-64.33-4. | |
13 | (13) "Qualified investment" means any investment in an eligible business or any loan to an | |
14 | eligible business with a stated maturity date of at least one year after the date of issuance, excluding | |
15 | revolving lines of credit and senior secured debt unless the eligible business has a credit refusal | |
16 | letter or similar correspondence from a depository institution or a referral letter or similar | |
17 | correspondence from a depository institution referring the business to a small business development | |
18 | fund; provided that, with respect to any one eligible business, the maximum amount of investments | |
19 | made in the business by one or more small business development funds, on a collective basis with | |
20 | all of the businesses' affiliates, with the proceeds of capital investments shall be twenty percent | |
21 | (20%) of the small business development fund's capital investment authority, exclusive of | |
22 | investments made with repaid or redeemed investments or interest or profits realized thereon. An | |
23 | eligible business, on a collective basis with all of the businesses' affiliates, is prohibited from | |
24 | receiving more than four million dollars ($4,000,000) in investments from one or more small | |
25 | business development funds with the proceeds of capital investments. | |
26 | (14) "Small business development fund" means an entity certified by the corporation under | |
27 | § 42-64.33-4. | |
28 | (15) "Small business fund investor" means an entity that makes a capital investment in a | |
29 | small business development fund. | |
30 | (16) "State" means the state of Rhode Island and Providence Plantations. | |
31 | (17) "State tax liability" means any liability incurred by any entity under chapters 11, 13, | |
32 | 14, 17 and 30, of title 44. § 44-17-1 et seq. | |
33 | 42-64.33-3. Tax credit established. | |
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1 | (a) Upon making a capital investment in a small business development fund, a small | |
2 | business fund investor earns a vested right to a credit against the entity's state tax liability that may | |
3 | be utilized on each credit allowance date of the capital investment in an amount equal to the | |
4 | applicable percentage for the credit allowance date multiplied by the purchase price paid to the | |
5 | small business development fund for the capital investment. The amount of the credit claimed by | |
6 | any entity shall not exceed the amount of the entity's minimum state tax liability for the tax year | |
7 | for which the credit is claimed. Any amount of credit that an entity is prohibited from claiming in | |
8 | a taxable year as a result of this section may be carried forward for a period of seven (7) years. It | |
9 | is the intent of this chapter that an entity claiming a credit under this section is not required to pay | |
10 | any additional tax that may arise as a result of claiming the credit. | |
11 | (b) No credit claimed under this section shall be refundable or saleable on the open market. | |
12 | Credits earned by or allocated to a partnership, limited liability company, or S corporation may be | |
13 | allocated to the partners, members, or shareholders of the entity for their direct use for state tax | |
14 | liability as defined in this chapter in accordance with the provisions of any agreement among the | |
15 | partners, members, or shareholders, and a small business development fund must notify the | |
16 | corporation of the names of the entities that are eligible to utilize credits pursuant to an allocation | |
17 | of credits or a change in allocation of credits or due to a transfer of a capital investment upon the | |
18 | allocation, change, or transfer. The allocation shall be not considered a sale for purposes of this | |
19 | section. Credits may be assigned, transferred, conveyed or sold by an owner or holder of such | |
20 | credits. | |
21 | (c) The corporation shall provide copies of issued certificates to the division of taxation.; | |
22 | such certifications to include information deemed necessary by the division of taxation for tax | |
23 | administration. | |
24 | 42-64.33-4. Application, approval and allocations. | |
25 | (a) The corporation shall publicly solicit applicants and approve applications through a | |
26 | selection process. A small business development fund that seeks to have an equity or debt | |
27 | investment certified as a capital investment and eligible for credits under this chapter shall apply to | |
28 | the corporation in response to a public solicitation. The corporation shall issue the first public | |
29 | solicitation for applicants by November 1, 2021. begin accepting applications within ninety (90) | |
30 | days of July 5, 2019. The small business development fund application shall include the following: | |
31 | (1) The amount of capital investment requested; | |
32 | (2)(A) A copy of the applicant's or an affiliate of the applicant's license as a rural business | |
33 | investment company under 7 U.S.C. § 2009cc, or as a small business investment company under | |
34 | 15 U.S.C. § 681, and a certificate executed by an executive officer of the applicant attesting that | |
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1 | the license remains in effect and has not been revoked; or (B) evidence satisfactory to the | |
2 | corporation that the applicant is a mission-oriented community financial institution such as a | |
3 | community development financial institution, minority depository institution, certified | |
4 | development company, or microloan intermediary, or an organization with demonstrated | |
5 | experience of making capital investments in small businesses. | |
6 | (3) Evidence that, as of the date the application is submitted, the applicant or affiliates of | |
7 | the applicant have invested at least one hundred million dollars ($100,000,000) in nonpublic | |
8 | companies; | |
9 | (4) An estimate of the number of jobs that will be created or retained in this state as a result of the | |
10 | applicant's qualified investments; | |
11 | (54) A business plan that includes a strategy for reaching out to and investing in minority | |
12 | business enterprises and a revenue impact assessment projecting state and local tax revenue to be | |
13 | generated by the applicant's proposed qualified investment prepared by a nationally recognized, | |
14 | third-party, independent economic forecasting firm using a dynamic economic forecasting model | |
15 | that analyzes the applicant's business plan over the ten (10) years following the date the application | |
16 | is submitted to the corporation; and | |
17 | (65) A nonrefundable application fee of five thousand dollars ($5,000), which fee shall be | |
18 | set by regulation; and | |
19 | (6) Such other criteria as the corporation deems appropriate. | |
20 | (b) After the close of a public solicitation period, the corporation shall make a | |
21 | determination based upon the criteria set forth in the application or any supplementary materials or | |
22 | information requested by the corporation as to which of the qualified applicants, if any, shall receive | |
23 | an award of tax credits. Within thirty (30) days after receipt of a completed application, the | |
24 | corporation shall grant or deny the application in full or in part. The corporation shall deny the | |
25 | application if: | |
26 | (1) The applicant does not satisfy all of the criteria described in subsection (a) of this | |
27 | section; | |
28 | (2) The revenue impact assessment submitted with the application does not demonstrate | |
29 | that the applicant's business plan will result in a positive economic impact on this state over a ten- | |
30 | year (10) period that exceeds the cumulative amount of tax credits that would be issued to the | |
31 | applicant if the application were approved; or | |
32 | (3) The corporation has already approved the maximum amount of capital investment | |
33 | authority under subsection (ge) of this section. | |
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1 | (c) If the corporation denies any part of the application, it shall inform the applicant of the | |
2 | grounds for the denial. If the applicant provides any additional information required by the | |
3 | corporation or otherwise completes its application within fifteen (15) days of the notice of denial, | |
4 | the application shall be considered completed as of the original date of submission. If the applicant | |
5 | fails to provide the information or fails to complete its application within the fifteen-day (15) | |
6 | period, the application remains denied and must be resubmitted in full with a new submission date. | |
7 | (d) If the application is approved deemed to be complete and the applicant deemed to meet | |
8 | all of the requirements of subsections (a) and (b), the corporation shall certify the proposed equity | |
9 | or debt investment as a capital investment that is eligible for credits under this chapter, subject to | |
10 | the limitations contained in subsection (ge) of this section. The corporation shall provide written | |
11 | notice of the certification to the small business development fund. | |
12 | (e) The corporation shall certify capital investments in the order that the applications were | |
13 | received by the corporation. Applications received on the same day shall be deemed to have been | |
14 | received simultaneously. | |
15 | (f) For applications that are complete and received on the same day, the corporation shall certify | |
16 | applications in proportionate percentages based upon the ratio of the amount of capital investments | |
17 | requested in an application to the total amount of capital investments requested in all applications. | |
18 | (g) The corporation shall certify no more than sixty-five million dollars ($65,000,000) in capital | |
19 | investments pursuant to this section; provided that not more than twenty million dollars | |
20 | ($20,000,000) may be allocated to any individual small business development fund certified under | |
21 | this section. | |
22 | (hf) Within sixty (60) days of the applicant receiving notice of certification, the small | |
23 | business development fund shall issue the capital investment to and receive cash in the amount of | |
24 | the certified amount from a small business fund investor. At least forty-five percent (45%) of the | |
25 | small business fund investor's capital investment shall be composed of capital raised by the small | |
26 | business fund investor from sources, including directors, members, employees, officers, and | |
27 | affiliates of the small business fund investor, other than the amount of capital invested by the | |
28 | allocatee claiming the tax credits in exchange for the allocation of tax credits; provided that at least | |
29 | ten percent (10%) of the capital investment shall be derived from the small business investment | |
30 | fund's managers. The small business development fund shall provide the corporation with evidence | |
31 | of the receipt of the cash investment within sixty-five (65) days of the applicant receiving notice of | |
32 | certification. If the small business development fund does not receive the cash investment and issue | |
33 | the capital investment within the time period following receipt of the certification notice, the | |
34 | certification shall lapse and the small business development fund shall not issue the capital | |
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1 | investment without reapplying to the corporation for certification. Lapsed certifications revert to | |
2 | the authority and shall be reissued pro rata to applicants whose capital investment allocations were | |
3 | reduced pursuant to this chapter and then in accordance with the application process. | |
4 | 42-64.33-5. Tax credit recapture and exit. | |
5 | (a) The corporation, working in coordination with the division of taxation, may recapture, | |
6 | from any the entity, including partners, members, or shareholders of the entity, that receives a tax | |
7 | credit certificate as a result of certification claims a credit on a tax return, the credit allowed under | |
8 | this chapter if: | |
9 | (1) The small business development fund does not invest one hundred (100%) percent of | |
10 | its capital investment authority in qualified investments in this state within three (3) years of the | |
11 | first credit allowance date; | |
12 | (2) The small business development fund, after satisfying subsection (a)(1) of this section, | |
13 | fails to maintain qualified investments equal to one hundred (100%) percent of its capital | |
14 | investment authority until the sixth anniversary of the initial credit allowance date. For the purposes | |
15 | of this subsection, a qualified investment is considered maintained even if the qualified investment | |
16 | was sold or repaid so long as the small business development fund reinvests an amount equal to the | |
17 | capital returned or recovered by the small business development fund from the original investment, | |
18 | exclusive of any profits realized, in other qualified investments in this state within twelve (12) | |
19 | months of the receipt of the capital. Amounts received periodically by a small business | |
20 | development fund shall be treated as continually invested in qualified investments if the amounts | |
21 | are reinvested in one or more qualified investments by the end of the following calendar year. A | |
22 | small business development fund shall not be required to reinvest capital returned from qualified | |
23 | investments after the fifth anniversary of the initial credit allowance date, and the qualified | |
24 | investments shall be considered held continuously by the small business development fund through | |
25 | the sixth anniversary of the initial credit allowance date; | |
26 | (3) The small business development fund, before exiting the program in accordance with | |
27 | subsection (ef) of this section, makes a distribution or payment that results in the small business | |
28 | development fund having less than one hundred percent (100%) of its capital investment authority | |
29 | invested in qualified investments in this state or available for investment in qualified investments | |
30 | and held in cash and other marketable securities; | |
31 | (4) The small business development fund, before exiting the program in accordance with | |
32 | subsection (ef) of this section, fails to make qualified investments in minority business enterprises | |
33 | that when added together equal at least ten percent (10%) of the small business development fund's | |
34 | capital investment authority; or | |
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1 | (5) The small business development fund violates subsection (de) of this section. | |
2 | (b) Recaptured credits and the related capital investment authority revert to the corporation | |
3 | and shall be reissued pro rata to applicants whose capital investment allocations were reduced | |
4 | pursuant to § 42-64.33-4(f) and then in accordance with the application process. | |
5 | (c) Enforcement of each of the recapture provisions of subsection (a) of this section shall | |
6 | be subject to a six-month (6) cure period. No recapture shall occur until the small business | |
7 | development fund has been given notice of noncompliance and afforded six (6) months from the | |
8 | date of the notice to cure the noncompliance. | |
9 | (d) In the event that tax credits, or a portion of tax credits, have been transferred or assigned | |
10 | in an arms-length transaction, for value, and without notice of violation, fraud, or | |
11 | misrepresentation, the corporation will pursue its recapture rights and remedies against the | |
12 | applicant for the tax credits and/or the recipient of the certification who shall be liable to repay to | |
13 | the corporation the face value of all tax credits assigned or transferred and all fees paid by the | |
14 | applicant shall be deemed forfeited. No redress shall be sought against assignees or transferees of | |
15 | such tax credits provided the tax credits were acquired by way of an arms-length transaction, for | |
16 | value, and without notice of violation, fraud, or misrepresentation. | |
17 | (e) No eligible business that receives a qualified investment under this chapter, or any | |
18 | affiliates of the eligible business, may directly or indirectly: | |
19 | (1) Own or have the right to acquire an ownership interest in a small business development fund or | |
20 | member or affiliate of a small business development fund, including, but not limited to, a holder of | |
21 | a capital investment issued by the small business development fund; or | |
22 | (2) Loan to or invest in a small business development fund or member or affiliate of a small business | |
23 | development fund, including, but not limited to, a holder of a capital investment issued by a small | |
24 | business development fund, where the proceeds of the loan or investment are directly or indirectly | |
25 | used to fund or refinance the purchase of a capital investment under this chapter. | |
26 | (ef) On or after the sixth anniversary of the initial credit allowance date, a small business | |
27 | development fund may apply to the corporation to exit the program and no longer be subject to | |
28 | regulation under this chapter. The corporation shall respond to the exit application within thirty | |
29 | (30) days of receipt. In evaluating the exit application, the fact that no credits have been recaptured | |
30 | and that the small business development fund has not received a notice of recapture that has not | |
31 | been cured pursuant to subsection (c) of this section shall be sufficient evidence to prove that the | |
32 | small business development fund is eligible for exit. The corporation shall not unreasonably deny | |
33 | an exit application submitted under this subsection. If the exit application is denied, the notice shall | |
34 | include the reasons for the determination. | |
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1 | (fg) If the number of jobs created or retained by the eligible businesses that received | |
2 | qualified investments from the small business development fund, calculated pursuant to reports | |
3 | filed by the small business development fund pursuant to § 42-64.33-7, is: | |
4 | (1) Less than sixty percent (60%) of the amount projected in the approved small business | |
5 | development fund's business plan filed as part of its application for certification under § 42-64.33- | |
6 | 4, then the state shall receive thirty percent (30%) of any distribution or payment to an equity or | |
7 | debt holder in an approved small business development fund made after its exit from the program | |
8 | in excess of eligible distributions; or | |
9 | (2) Greater than sixty percent (60%) but less than one hundred percent (100%) of the amount | |
10 | projected in the approved small business development fund's business plan filed as part of its | |
11 | application for certification under § 42-64.33-4, then the state shall receive fifteen percent (15%) | |
12 | of any distribution or payment to an equity or debt holder in an approved small business | |
13 | development fund made after its exit from the program in excess of eligible distributions. | |
14 | (gh) At the time a small business development fund applies to the corporation to exit the | |
15 | program, it shall calculate the aggregate internal rate of return of its qualified investments. If the | |
16 | small business development fund's aggregate internal rate of return on its qualified investments at | |
17 | exit exceeds ten percent (10%), then, after eligible distributions, the state shall receive ten percent | |
18 | (10%) of any distribution or payment in excess of the aggregate ten percent (10%) internal rate of | |
19 | return to an equity or debtholder in an approved small business development fund. | |
20 | (hi) The corporation shall not revoke a tax credit certificate after the small business | |
21 | development fund's exit from the program. | |
22 | 42-64.33-9. Rules and regulations. | |
23 | The corporation and the division of taxation shall jointly promulgate and adopt rules and | |
24 | regulations pursuant to § 42-35-3 of the general laws, as are necessary to implement this chapter, | |
25 | including, but not limited to: the determination of additional limits; the promulgation of procedures | |
26 | and forms necessary to apply for a tax credit, including the enumeration of the certification | |
27 | procedures; the promulgation of procedures and forms relating to the issuance of tax credit | |
28 | certificates and assignment of credits; and provisions for tax credit applicants to be charged ongoing | |
29 | service fees, to cover the administrative costs related to the tax credit. | |
30 | The corporation and division of taxation may issue reasonable rules and regulations, consistent | |
31 | with this chapter, as are necessary to carry out the intent and purpose and implementation of the | |
32 | responsibilities under this chapter. | |
33 | SECTION 15. Chapter 42-64.33 of the General Laws entitled “Small Business | |
34 | Development Loan Fund” is hereby amended by adding thereto the following section: | |
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1 | 42-64.33-10. Program integrity. | |
2 | Program integrity being of paramount importance, the corporation shall establish | |
3 | procedures to ensure ongoing compliance with the terms and conditions of the program established | |
4 | herein, including procedures to safeguard the expenditure of public funds and to ensure that the | |
5 | funds further the objectives of the program. | |
6 | SECTION 16. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled “Rhode | |
7 | Island Qualified Jobs Incentive Act of 2015” is hereby amended as follows: | |
8 | 44-48.3-14. Sunset. | |
9 | No credits shall be authorized to be reserved pursuant to this chapter after June 30, | |
10 | 2021December 31, 2022. | |
11 | SECTION 17. This article shall take effect upon passage. | |
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