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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION

     Introduced By: Representatives Blazejewski, and Chippendale

     Date Introduced: May 30, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

ARTICLE I -- STATUTORY REENACTMENT

     SECTION 1. It is the express intention of the General Assembly to reenact the entirety of

Chapters 49 to the end of Title 42 of the General Laws of Rhode Island, including every chapter

and section therein and any chapters and sections thereof not included in this act may be, and are

hereby, reenacted as if fully set forth herein.

     SECTION 2. Section 42-61-14 of the General Laws in Chapter 42-61 entitled "State

Lottery" is hereby amended to read as follows:

     42-61-14. Payment of prizes to minors and persons under legal disabilities.

     (a) If the person entitled to a prize or any winning ticket is under the age of eighteen (18)

years, the director shall direct payment to the minor by depositing the amount of the prize in any

financial institution to the credit of a member of the minor’s family or legal guardian of the minor

as custodian for that minor. The person named as custodian shall have the same duties and powers

as a person designated as a custodian in a manner prescribed by the “Rhode Island Uniform Gifts

to Minors Act” “Rhode Island Uniform Transfers to Minors Act”.

     (b) If a person entitled to a prize or any winning ticket is under any other legal disability,

the director shall direct payment to a fiduciary responsible for that person pursuant to the laws of

this state.

     (c) The director shall be relieved of all further liability upon payment of a prize to a minor

or person under a legal disability pursuant to this section.

     SECTION 3. Section 42-63.1-3 of the General Laws in Chapter 42-63.1 entitled "Tourism

and Development" is hereby amended to read as follows:

     42-63.1-3. Distribution of tax.

     (a) For returns and tax payments received on or before December 31, 2015, except as

provided in § 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax

collected from residential units offered for tourist or transient use through a hosting platform, shall

be distributed as follows by the division of taxation and the city of Newport:

     (1) Forty-seven percent (47%) of the tax generated by the hotels in the district, except as

otherwise provided in this chapter, shall be given to the regional tourism district wherein the hotel

is located; provided, however, that from the tax generated by the hotels in the city of Warwick,

thirty-one percent (31%) of the tax shall be given to the Warwick regional tourism district

established in § 42-63.1-5(a)(5) and sixteen percent (16%) of the tax shall be given to the Greater

Providence-Warwick Convention and Visitors’ Bureau established in § 42-63.1-11; and provided

further, that from the tax generated by the hotels in the city of Providence, sixteen percent (16%)

of that tax shall be given to the Greater Providence-Warwick Convention and Visitors’ Bureau

established by § 42-63.1-11, and thirty-one percent (31%) of that tax shall be given to the

Convention Authority of the city of Providence established pursuant to the provisions of chapter

84 of the public laws of January, 1980; provided, however, that the receipts attributable to the

district as defined in § 42-63.1-5(a)(7) shall be deposited as general revenues, and that the receipts

attributable to the district as defined in § 42-63.1-5(a)(8) shall be given to the Rhode Island

commerce corporation as established in chapter 64 of this title.

     (2) Twenty-five percent (25%) of the hotel tax shall be given to the city or town where the

hotel that generated the tax is physically located, to be used for whatever purpose the city or town

decides.

     (3) Twenty-one (21%) of the hotel tax shall be given to the Rhode Island commerce

corporation established in chapter 64 of this title, and seven percent (7%) to the Greater Providence-

Warwick Convention and Visitors’ Bureau.

     (b) For returns and tax payments received after December 31, 2015, except as provided in

§ 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from

residential units offered for tourist or transient use through a hosting platform, shall be distributed

as follows by the division of taxation and the city of Newport:

     (1) For the tax generated by the hotels in the Aquidneck Island district, as defined in § 42-

63.1-5, forty-two percent (42%) of the tax shall be given to the Aquidneck Island district, twenty-

five (25%) of the tax shall be given to the city or town where the hotel that generated the tax is

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physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight percent (28%) of

the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this

title.

     (2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-5,

twenty eight percent (28%) of the tax shall be given to the Providence district, twenty-five percent

(25%) of the tax shall be given to the city or town where the hotel that generated the tax is physically

located, twenty-three (23%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-four (24%) of the tax shall

be given to the Rhode Island commerce corporation established in chapter 64 of this title.

     (3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5,

twenty-eight percent (28%) of the tax shall be given to the Warwick District, twenty-five percent

(25%) of the tax shall be given to the city or town where the hotel that generated the tax is physically

located, twenty-three percent (23%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-four (24%) of the tax shall

be given to the Rhode Island commerce corporation established in chapter 64 of this title.

     (4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5,

twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that generated

the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence-

Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy percent (70%)

of the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this

title.

     (5) With respect to the tax generated by hotels in districts other than those set forth in

subsections (b)(1) through (b)(4) of this section, forty-two percent (42%) of the tax shall be given

to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located, twenty-five

percent (25%) of the tax shall be given to the city or town where the hotel that generated the tax is

physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight (28%) of the tax

shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.

     (c) For returns and tax payments received before July 1, 2019, the proceeds of the hotel tax

collected from residential units offered for tourist or transient use through a hosting platform shall

be distributed as follows by the division of taxation and the city of Newport: twenty-five percent

(25%) of the tax shall be given to the city or town where the residential unit that generated the tax

is physically located, and seventy-five percent (75%) of the tax shall be given to the Rhode Island

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commerce corporation established in chapter 64 of this title.

     (d) The Rhode Island commerce corporation shall be required in each fiscal year to spend

on the promotion and marketing of Rhode Island as a destination for tourists or businesses an

amount of money of no less than the total proceeds of the hotel tax it receives pursuant to this

chapter for the fiscal year.

     (e) Notwithstanding the foregoing provisions of this section, for returns and tax payments

received on or after July 1, 2016, and on or before June 30, 2017, except as provided in § 42-63.1-

12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from residential

units offered for tourist or transient use through a hosting platform, shall be distributed in

accordance with the distribution percentages established in subsections (a)(1) through (a)(3) of this

section by the division of taxation and the city of Newport.

     (f) For returns and tax payments received on or after July 1, 2018, except as provided in §

42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from

residential units offered for tourist or transient use through a hosting platform, shall be distributed

as follows by the division of taxation and the city of Newport:

     (1) For the tax generated by the hotels in the Aquidneck Island district, as defined in § 42-

63.1-5, forty-five percent (45%) of the tax shall be given to the Aquidneck Island district, twenty-

five (25%) of the tax shall be given to the city or town where the hotel that generated the tax is

physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five percent (25%) of the

tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.

     (2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-5,

thirty percent (30%) of the tax shall be given to the Providence district, twenty-five percent (25%)

of the tax shall be given to the city or town where the hotel that generated the tax is physically

located, twenty-four (24%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one (21%) of the tax shall

be given to the Rhode Island commerce corporation established in chapter 64 of this title.

     (3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5,

thirty percent (30%) of the tax shall be given to the Warwick District, twenty-five percent (25%)

of the tax shall be given to the city or town where the hotel that generated the tax is physically

located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one (21%) of the tax shall

be given to the Rhode Island commerce corporation established in chapter 64 of this title.

     (4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5,

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twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that generated

the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence-

Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy percent (70%)

of the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this

title.

     (5) With respect to the tax generated by hotels in districts other than those set forth in

subsections (b)(1) (f)(1) through (b)(4) (f)(4) of this section, forty-five percent (45%) of the tax

shall be given to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located,

twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that generated

the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence-

Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five (25%) of

the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this

title.

     (g) For returns and tax payments received on or after July 1, 2019, except as provided in §

42-63.1-12, the proceeds of the hotel tax, including the portion of the hotel tax collected from

residential units offered for tourist or transient use through a hosting platform, shall be distributed

as follows by the division of taxation and the city of Newport:

     (1) For the tax generated in the Aquidneck Island district, as defined in § 42-63.1-5, forty-

five percent (45%) of the tax shall be given to the Aquidneck Island district, twenty-five percent

(25%) of the tax shall be given to the city or town where the hotel or residential unit that generated

the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence-

Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five percent

(25%) of the tax shall be given to the Rhode Island commerce corporation established in chapter

64 of this title.

     (2) For the tax generated in the Providence district as defined in § 42-63.1-5, thirty percent

(30%) of the tax shall be given to the Providence district, twenty-five percent (25%) of the tax shall

be given to the city or town where the hotel or residential unit that generated the tax is physically

located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick

Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the

tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.

     (3) For the tax generated in the Warwick district as defined in § 42-63.1-5, thirty percent

(30%) of the tax shall be given to the Warwick District, twenty-five percent (25%) of the tax shall

be given to the city or town where the hotel or residential unit that generated the tax is physically

located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick

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Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the

tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.

     (4) For the tax generated in the Statewide district, as defined in § 42-63.1-5, twenty-five

percent (25%) of the tax shall be given to the city or town where the hotel or residential unit that

generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater

Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy

percent (70%) of the tax shall be given to the Rhode Island commerce corporation established in

chapter 64 of this title.

     (5) With respect to the tax generated in districts other than those set forth in subsections

(g)(1) through (g)(4) of this section, forty-five percent (45%) of the tax shall be given to the regional

tourism district, as defined in § 42-63.1-5, wherein the hotel or residential unit is located, twenty-

five percent (25%) of the tax shall be given to the city or town where the hotel or residential unit

that generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater

Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five

percent (25%) of the tax shall be given to the Rhode Island commerce corporation established in

chapter 64 of this title.

     SECTION 4. Section 42-63.1-14 of the General Laws in Chapter 42-63.1 entitled "Tourism

and Development" is hereby amended to read as follows:

     42-63.1-14. Offering residential units through a hosting platform.

     (a) For any rental property offered for tourist or transient use on a hosting platform that

collects and remits applicable sales and hotel taxes in compliance with §§ 44-18-7.3(b)(4)(i), 44-

18-18, and 44-18-36.1, cities, towns, or municipalities shall not prohibit the owner from offering

the unit for tourist or transient use through such hosting platform, or prohibit such hosting platform

from providing a person or entity the means to rent, pay for, or otherwise reserve a residential unit

for tourist or transient use. A hosting platform shall comply with the requirement imposed upon

room resellers in §§ 44-18-7.3(b)(4)(i) and 44-18-36.1 in order for the prohibition of this section to

apply. The division of taxation shall at the request of a city, town, or municipality confirm whether

a hosting platform is registered in compliance with § 44-18-7.3(b)(4)(i).

     (b) Any short-term rental property listed for rent on the website of any third-party hosting

platform that conducts business in Rhode Island shall be registered with the department of business

regulation. The registration shall provide the information necessary to identify the property

pursuant to subsection (d) of this section. For purposes of this section, the term “short-term rental”

means a person, firm, or corporation’s utilization, for transient lodging accommodations, not to

exceed thirty (30) nights at a time.

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     (c) The department of business regulation shall contact all hosting platforms that list

property in Rhode Island on their website for rent and that submit hotel taxes to the division of

taxation and shall provide notice of the registration requirement, pursuant to this section, instructing

the hosting platforms to notify their listed properties to register with the department of business

regulation by December 31, 2021, or be subject to fines pursuant to § 42-63.1-14.1 subsection (i)

of this section.

     (d) The state registration pursuant to this section shall include:

     (1) The principal place of business of the owner, or if outside the state, the agent for service

of process or property manager for the owner;

     (2) The phone number of the owner of the property and/or property manager;

     (3) The email address of the property owner and/or property manager;

     (4) The address of the rental property;

     (5) The number of rooms for rent at the property;

     (6) Whether the registrant rents or owns; and

     (7) Intended use (entire space, private room, or shared space).

     (e) The assigned registration number shall consist of numeric and alpha characters, the

alpha characters shall correspond to the city/town where the property is located and shall be uniform

for the remaining properties in said city/town.

     (f) The department of business regulation shall notify all hosting platforms to contact all

listed properties by December 31, 2021, to ensure compliance with this section and if the listed

properties are not duly registered after six (6) months, the hosting platform shall remove the

property listing from its website.

     (g) The department of business regulation shall promulgate rules and regulations to

correspond with and enforce this section and § 42-63.1-14.1 and may charge a registration fee to

property owners registering with the department pursuant to this section.

     (h) The department of business regulation shall create an online database to store all

registered short-term rental units, and each unit shall have an online identification number in said

database to correspond with subsection (e) of this section.

     (i) Any owner of the property who or that fails to register with the department of business

regulation as prescribed herein and lists the property as a short-term rental on a hosting platform

website shall be subject to a civil fine as follows:

     (1) Two hundred fifty dollars ($250) for the first thirty (30) days of non-compliance;

     (2) Five hundred dollars ($500) for between thirty-one (31) and sixty (60) days of non-

compliance; and

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     (3) One thousand dollars ($1,000) for more than sixty (60) days of non-compliance.

     SECTION 5. Section 42-64.10-4 of the General Laws in Chapter 42-64.10 entitled

"Quonset Development Corporation" is hereby amended to read as follows:

     42-64.10-4. Definitions.

     (a) As used in this chapter, words and terms, shall have the meaning set forth in § 42-64-4

42-64-3 unless this chapter provides a different meaning or unless the context indicates a different

meaning or intent.

     (b) Within this chapter, the following words and terms shall have the following meanings

unless the context indicates a different meaning or intent:

     (1) “Board” means the board of directors of the corporation.

     (2) “Chairperson” means the chairperson of the board of directors of the corporation.

     (3) “Corporation” means the Quonset Development Corporation.

     (4) “Quonset Business Park” means former Navy lands in the town of North Kingstown,

and lands related thereto, and personal property thereon, which are or have been owned, leased,

managed and/or under the control of the economic development corporation.

     SECTION 6. Section 42-64.10-7 of the General Laws in Chapter 42-64.10 entitled

"Quonset Development Corporation" is hereby amended to read as follows:

     42-64.10-7. Directors, officers and employees.

     (a) Directors.

     (1) The powers of the corporation shall be vested in a board of directors consisting of eleven

(11) members. The membership of the board shall consist of the executive director of the Rhode

Island economic development corporation as chairperson, (who shall vote only in the event of a

tie), six (6) members appointed by the governor, with the advice and consent of the senate, two (2)

members appointed by the town council of the town of North Kingstown, one member appointed

by the town council of the town of Jamestown, and one member appointed by the town council of

the town of East Greenwich. The initial members of the board shall be divided into three (3) classes

and shall serve initial terms on the board of directors as follows: two (2) of the directors appointed

by the governor; and one of the directors appointed by the town council of the town of North

Kingstown shall be appointed for an initial term of one year; two (2) of the directors appointed by

the governor, one director appointed by the town council of the town of North Kingstown and the

director appointed by the town of East Greenwich shall be appointed for an initial term of two (2)

years; and two (2) of the directors appointed by the governor and one director appointed by the

town of Jamestown shall be appointed for an initial term of three (3) years. Upon expiration of each

initial term and upon the expiration of each term thereafter, a successor shall be appointed by the

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same authority that made the initial appointment, and in the case of appointments by the governor

with the advice and consent of the senate, to serve for a term of three (3) years so that members of

the board of directors shall serve for staggered terms of three (3) years each. A vacancy on the

board, other than by expiration, shall be filled in the same manner as an original appointment, but

only for the unexpired portion of the term. If a vacancy occurs with respect to one of the directors

appointed by the governor when the senate is not in session, the governor shall appoint a person to

fill the vacancy, but only until the senate shall next convene and give its advice and consent to a

new appointment. A member shall be eligible to succeed himself or herself. Appointed directors

shall not serve more than two (2) successive three (3) year terms but may be reappointed after not

being a director for a period of at least twelve (12) months. Each appointed director shall hold office

for the term for which the director is appointed and until the director’s successor shall have been

appointed and qualified, or until the director’s earlier death, resignation or removal. Except for

members of the town council of the town of North Kingstown, who may serve as members of the

board of directors, no director shall be an elected official of any governmental entity.

     (2) The directors shall receive no compensation for the performance of their duties under

this chapter, but each director shall be reimbursed for his or her reasonable expenses incurred in

carrying out those duties. A director may engage in private employment, or in a profession or

business.

     (3) Meetings. An annual meeting of the directors shall be held during the month of October

of each year for the purposes of electing and appointing officers and reviewing and considering for

approval the budget of the corporation. Regular meetings of the directors shall be held at least once

in each calendar quarter, at the call of the chairperson or secretary, or in accordance with an annual

schedule of meetings adopted by the board. Special meetings may be called for any purposes by

the chairperson or the secretary and as provided for in the bylaws of the corporation.

     (4) A majority of the directors then in office, but not less than five (5) directors, shall

constitute a quorum, and any action to be taken by the corporation under the provisions of this

chapter, may be authorized by resolution approved by a majority of the directors present and

entitled to a vote at any regular or special meeting at which a quorum is present. A vacancy in the

membership of the board of directors shall not impair the right of a quorum to exercise all of the

rights and perform all of the duties of the corporation.

     (5) Any action taken by the corporation under the provisions of this chapter may be

authorized by a vote at any regular or special meeting, and each vote shall take effect immediately.

     (6) The board of directors shall establish an audit committee and a governance committee,

which shall advise: (i) the board with the respect to the best practices of governance; and (ii) the

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board, members of the board, and officers with respect to conflicts of interest, corporate ethics and

responsibilities, and the maintenance of the public trust; the members of the audit committee and

the governance committee shall be appointed by the chairperson with the advice of the board of

directors. In addition to the audit and the governance committee, the board may establish bylaw or

with the approval of the chairperson such other committees as it deems appropriate.

     (7) The board shall prescribe the application of the cash flow of the corporation, in the

following order of priority:

     (i) To debt service, including without limitation, sinking funds established in connection

with any financing;

     (ii) To operating expenses;

     (iii) To capital expenses;

     (iv) To reserve funds as may be established by the board, from time to time; and

     (v) To the economic development corporation for application to statewide economic

development.

     (8) The board shall establish by bylaw limits on the expenditure of corporation funds

without approval of the board.

     (9) The approval of the board shall be required for any recommendation to the economic

development corporation board of directors for the issuance of bonds or notes or borrowing money

on behalf of the corporation or for the exercise of eminent domain on behalf of the corporation.

     (b) Officers. The officers of the corporation shall include a chairperson, a managing

director who shall be the chief executive officer of the corporation, a vice-chairperson, a secretary,

and a finance director, as herein provided, and such other officers as the board may from time to

time establish.

     (1) Chairperson. The executive director of the economic development corporation shall be

the chairperson of the board and shall appoint the managing director with the concurrence of the

board, appoint committee members, approve the corporation’s annual operating and capital budget,

approve land sale prices, lease rents, and economic development incentives, and approve numbers

and types of employees and staff of the corporation, and preside at meetings of the board.

     (2) Managing director. The chief executive officer of the corporation shall be managing

director of the corporation, who shall be appointed by the chairperson with the concurrence of the

board. The managing director of the corporation shall be entitled to receive for his or her services

any reasonable compensation as the board of directors may determine. The board of directors may

vest in the managing director the authority to appoint staff members and to determine the amount

of compensation each individual shall receive.

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     (3) Vice-chairperson. The board of directors shall from among its members elect a vice-

chairperson who shall preside at meetings in the absence of the chairperson and have such other

duties and powers as the directors may from time to time prescribe.

     (4) Other officers. The board shall appoint a secretary, a director of finance, the duties of

whom shall be prescribed in the bylaws of the corporation, and such additional officers and staff

members as they shall deem appropriate and shall determine the amount of reasonable

compensation, if any, each shall receive.

     (5) With the exception of the chairperson, any number of offices may be held by the same

person, unless the bylaws provide otherwise.

     (c) Employees.

     (1) The corporation may have such numbers and types of employees as the board, with the

approval of the chairperson, shall determine upon the recommendation of the managing director.

The board, upon the recommendation of the managing director, may authorize entering into

agreements with the economic development corporation for any duties or functions to be performed

by employees, staff, or agents of the corporation.

     (2) No full-time employee of the corporation shall, during the period of his or her

employment by the corporation, engage in any other private employment, profession or business,

except with the approval of the board of directors.

     (3) Employees of the corporation shall not, by reason of their employment, be deemed to

be employees of the state for any purpose, any other provision of the general laws to the contrary

notwithstanding, including, without limiting, the generality of the foregoing, chapters 29, 39, and

42 of title 28 and chapters 4, 8, 9, and 10 of title 36.

     SECTION 7. Section 42-64.13-8 of the General Laws in Chapter 42-64.13 entitled "Rhode

Island Regulatory Reform Act" is hereby amended to read as follows:

     42-64.13-8. Regulatory analysis responsibilities.

     The office of regulatory reform shall have the following regulatory analysis and reporting

responsibilities:

     (1) The office of regulatory reform shall, upon the conclusion of each fiscal year, prepare

and publish a report on the regulatory processes of state and municipal agencies and permitting

authorities through a review and an analysis of proposed and existing rules and regulations to: (i)

Encourage agencies to eliminate, consolidate, simplify, expedite, or otherwise improve permits,

permitting procedures, and paperwork burdens affecting businesses, municipal government

undertakings, industries, and other matters of economic development impact in the state; (ii)

Analyze the impact of proposed and existing rules and regulations on matters such as public health,

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safety and welfare, including job creation, and make recommendations for simplifying regulations

and regulatory processes of state and municipal agencies and permitting authorities; (iii) Propose

to any state or municipal agency consideration for amendment or repeal of any existing rules or

procedures that may be obsolete, harmful to the economy or job growth in the state, or excessively

burdensome with respect to any state or federal statutes or regulations; and (iv) Assist and

coordinate with all agencies during the periodic review of rules required by § 42-35-3.4 of the

administrative procedures act.

     (2) The ombudsman of the department of business regulation shall implement the

provisions of § 42-35.1-1 chapter 35.1 of title 42, entitled small business regulatory fairness and

in administrative procedures, and shall be the small business regulatory enforcement office officer

pursuant to § 42-35.1-5.

     SECTION 8. Section 42-64.14-13 of the General Laws in Chapter 42-64.14 entitled "The

I-195 Redevelopment Act of 2011" is hereby amended to read as follows:

     42-64.14-13. Planning, permitting, appeals and development.

     (a) The commission shall exercise its powers in a manner consistent with development

plans approved for the I-195 redevelopment district by the commission. Such plans may be

prepared without limitation by the commission in order to achieve the purposes of this chapter.

Development in the district, whether by the commission or otherwise shall be subject to the plans

prepared by the commission and the commission plans shall be consistent with the city of

Providence comprehensive plan adopted by the city pursuant to 45-22-2.1 45-22.2-1 et seq. and the

city of Providence zoning ordinances pursuant to § 45-24-27 et seq. as previously enacted by the

city of Providence, and as may be enacted be enacted and/or amended from time to time through

July 1, 2012, or enacted thereafter with the consent of the commission. Approved plans for the I-

195 redevelopment district may be considered, in whole or part as appropriate, for adoption as an

element of the state guide plan by the state planning council, but shall not be subject to the state

guide plan or any other approval provisions related thereto.

     (b) The commission shall serve as the sole permitting authority for all development within

the district, as defined in § 37-5-7 37-5-8, pursuant to the powers granted to the commission by §§

42-64.14-7 and 42-64.14-8 of this chapter. The state fire marshal and the state building code

commissioner shall issue any necessary permits related to fire safety and building code compliance

respectively. The commission shall seek the cooperation of the state building code commissioner

and the state fire marshal to expedite all necessary permits and approvals for development within

the district.

     (c) The commission shall have authority to approve and/or mandate an accelerated plan

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review process, which may include the implementation of phased and/or fast-track development,

which is defined as the initiation of development prior to final issuance of all permits and approvals

and/or the completion of final project design and construction plans.

     (d) The commission shall create for the redevelopment of its properties and parcels sold by

its design guidelines in consultation with the state historic preservation officer.

     (e) All appeals timely filed pursuant to chapter 42-35 of the general laws 35 of title 42

entitled the Administrative Procedures Act with the Rhode Island superior court relative to permits

and approvals shall be accelerated and given priority and advanced on the calendar of the Rhode

Island superior court.

     (f) Under no circumstances shall the commission establish, authorize, zone, plan, or permit

in the district a so-called “casino” or any form of gambling, including but not limited to those

activities governed by title 41 of the Rhode Island general laws, so-called “video-gambling” or any

lotteries whatsoever except for the sale of lottery tickets pursuant to title 42, section 61 of the

general laws chapter 61 of title 42. Furthermore, upon conveyance, but in any event before

approving any project, development, or redevelopment, the commission shall ensure that a deed

restriction, running to the benefit of the city of Providence and the state, is recorded against the

subject property effectuating and memorializing such restriction. The aforementioned restriction

shall run with the land and be binding upon all successors and assign assigns. Any deed restriction

conveyed to the state pursuant to this subsection may be waived only by statute, resolution or other

action by the general assembly which complies with the constitutional requirements for the

expansion of gambling.

     SECTION 9. Sections 42-64.19-3 and 42-64.19-7 of the General Laws in Chapter 42-64.19

entitled "Executive Office of Commerce" are hereby amended to read as follows:

     42-64.19-3. Executive office of commerce. [Effective January 1, 2024.]

     (a) There is hereby established within the executive branch of state government an

executive office of commerce effective February 1, 2015, to serve as the principal agency of the

executive branch of state government for managing the promotion of commerce and the economy

within the state and shall have the following powers and duties in accordance with the following

schedule:

     (1) On or about February 1, 2015, to operate functions from the department of business

regulation;

     (2) On or about April 1, 2015, to operate various divisions and functions from the

department of administration;

     (3) On or before September 1, 2015, to provide to the Senate and the House of

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Representatives a comprehensive study and review of the roles, functions, and programs of the

department of administration and the department of labor and training to devise recommendations

and a business plan for the integration of these entities with the office of the secretary of commerce.

The governor may include such recommendations in the Fiscal Year 2017 budget proposal; and

     (4) On or before July 1, 2021, to provide for the hiring of a deputy secretary of commerce

and housing who shall report directly to the secretary of commerce. On July 1, 2022, the deputy

secretary of commerce and housing shall succeed to the position of secretary of housing, and the

position of deputy secretary of commerce and housing shall cease to exist under this chapter. All

references in the general laws to the deputy secretary of commerce and housing shall be construed

to mean the secretary of housing. The secretary of housing shall be appointed by and report directly

to the governor and shall assume all powers, duties, and responsibilities formerly held by the deputy

secretary of commerce and housing. Until the formation of the new department of housing pursuant

to chapter 64.34 of this title, the secretary of housing shall reside within the executive office of

commerce for administrative purposes only. The secretary of housing shall:

     (i) Prior to hiring, have completed and earned a minimum of a master’s graduate degree in

the field of urban planning, economics, or a related field of study or possess a juris doctor law

degree. Preference shall be provided to candidates having earned an advanced degree consisting of

an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have

documented five (5) years’ full-time experience employed in the administration of housing policy

and/or development;

     (ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and

developing a housing plan, including, but not limited to, the development of affordable housing

opportunities to assist in building strong community efforts and revitalizing neighborhoods;

     (iii) Coordinate with all agencies directly related to any housing initiatives and participate

in the promulgation of any regulation having an impact on housing including, but not limited to,

the Rhode Island housing and mortgage finance corporation, the coastal resources management

council (CRMC), and state departments including, but not limited to: the department of

environmental management (DEM), the department of business regulation (DBR), the department

of transportation (DOT) and statewide planning, and the Rhode Island housing resources

commission;

     (iv) Coordinate with the housing resources commission to formulate an integrated housing

report to include findings and recommendations to the governor, speaker of the house, senate

president, each chamber’s finance committee, and any committee whose purview is reasonably

related to, including, but not limited to, issues of housing, municipal government, and health on or

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before December 31, 2021, and annually thereafter which report shall include, but not be limited

to, the following:

     (A) The total number of housing units in the state with per community counts, including

the number of Americans with Disabilities Act compliant special needs units;

     (B) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A);

     (C) The change in the number of units referenced in subsection (a)(4)(iv)(A), for each of

the prior three (3) years in figures and as a percentage;

     (D) The number of net new units in development and number of units completed since the

prior report;

     (E) For each municipality the number of single-family, two-family (2), and three-family

(3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful

description of current conditions, including a statewide sum of each unit type;

     (F) The total number of units by income type;

     (G) A projection of the number of status quo units;

     (H) A projection of the number of units required to meet housing formation trends;

     (I) A comparison of regional and other similarly situated state funding sources that support

housing development including a percentage of private, federal, and public support;

     (J) A reporting of unit types by number of bedrooms for rental properties including an

accounting of all:

     (I) Single-family units;

     (II) Accessory dwelling units;

     (III) Two-family (2) units;

     (IV) Three-family (3) units;

     (V) Multi-unit sufficiently delineated units;

     (VI) Mixed use sufficiently delineated units; and

     (VII) Occupancy and vacancy rates for the prior three (3) years;

     (K) A reporting of unit types by ownership including an accounting of all:

     (I) Single-family units;

     (II) Accessory dwelling units;

     (III) Two-family (2) units;

     (IV) Three-family (3) units;

     (V) Multi-unit sufficiently delineated units;

     (VI) Mixed use sufficiently delineated units; and

     (VII) Occupancy and vacancy rates for the prior three (3) years;

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     (L) A reporting of the number of applications submitted or filed for each community

according to unit type and an accounting of action taken with respect to each application to include,

approved, denied, appealed, approved upon appeal, and if approved, the justification for each

approval;

     (M) A reporting of permits for each community according to affordability level that were

sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for

each approval;

     (N) A reporting of affordability by municipality that shall include the following:

     (I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair-

market rate, and above-market-rate units; including the average and median costs of those units;

     (II) The percent and number of units of extremely low-, very low-, low-, and moderate-

income housing units required to satisfy the ten percent (10%) requirement pursuant to chapter 24

of title 45; including the average and median costs of those units;

     (III) The percent and number of units for the affordability levels above moderate-income

housing, including a comparison to fair-market rent and fair-market homeownership; including the

average and median costs of those units;

     (IV) The percentage of cost burden by municipality with population equivalent;

     (V) The percentage and number of home financing sources, including all private, federal,

state, or other public support; and

     (VI) The cost growth for each of the previous five (5) years by unit type at each

affordability level, by unit type;

     (O) A reporting of municipal healthy housing stock by unit type and number of bedrooms

and providing an assessment of the state’s existing housing stock and enumerating any risks to the

public health from that housing stock, including, but not limited to: the presence of lead, mold, safe

drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable

health detriment. Additionally, the report shall provide the percentage of the prevalence of health

risks by age of the stock for each community by unit type and number of bedrooms; and

     (P) A recommendation shall be included with the report required under this section that

shall provide consideration to any and all populations, ethnicities, income levels, and other relevant

demographic criteria determined by the secretary, and with regard to any and all of the criteria

enumerated elsewhere in the report separately or in combination, provide recommendations to

resolve any issues that provide an impediment to the development of housing, including specific

data and evidence in support of the recommendation. All data and methodologies used to present

evidence are subject to review and approval of the chief of revenue analysis, and that approval shall

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include an attestation of approval by the chief to be included in the report;

     (v) Have direct oversight over the office of housing and community development (OHCD)

and shall be responsible for coordinating with the secretary of commerce a shared staffing

arrangement until June 30, 2023, to carry out the provisions of this chapter;

     (vi) On or before November 1, 2022, develop a housing organizational plan to be provided

to the general assembly that includes a review, analysis, and assessment of functions related to

housing of all state departments, quasi-public agencies, boards, and commissions. Provided,

further, the secretary, with the input from each department, agency, board, and commission, shall

include in the plan comprehensive options, including the advantages and disadvantages of each

option and recommendations relating to the functions and structure of the new department of

housing;

     (vii) Establish rules and regulations as set forth in § 45-24-77.

     (b) In this capacity, the office shall:

     (1) Lead or assist state departments and coordinate business permitting processes in order

to:

     (i) Improve the economy, efficiency, coordination, and quality of the business climate in

the state;

     (ii) Design strategies and implement best practices that foster economic development and

growth of the state’s economy;

     (iii) Maximize and leverage funds from all available public and private sources, including

federal financial participation, grants, and awards;

     (iv) Increase public confidence by conducting customer centric operations whereby

commercial enterprises are supported and provided programs and services that will grow and

nurture the Rhode Island economy; and

     (v) Be the state’s lead agency for economic development.

     (2) [Deleted by P.L. 2022, ch. 388, § 1 and P.L. 2022, ch. 442, § 1.]

     (c) The office shall include the office of regulatory reform and other administration

functions that promote, enhance, or regulate various service and functions in order to

promote the reform and improvement of the regulatory function of the state.

     42-64.19-7. Departments/divisions assigned to the executive office — Powers and

duties.

     (a) The departments and/or divisions assigned to the secretary shall:

     (1) Exercise their respective powers and duties in accordance with their statutory authority

and the general policy established by the governor or by the secretary acting on behalf of the

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governor or in accordance with the powers and authorities conferred upon the secretary by this

chapter;

     (2) Provide such assistance or resources as may be requested or required by the governor

and/or the secretary; and

     (3) Provide such records and information as may be requested or required by the governor

and/or the secretary to the extent allowed under the provisions of any applicable general or public

law, regulation, or agreement relating to the confidentiality, privacy or disclosure of such records

or information.

     (4) Forward to the secretary copies of all reports to the governor.

     (b) Except as provided herein, no provision of this chapter or application thereof shall be

construed to limit or otherwise restrict the departments, offices, or divisions assigned to the

secretary from fulfilling any statutory requirement or complying with any valid rule or regulation.

     (c) The secretary shall determine in collaboration with the department directors whether

the officers, employees, agencies, advisory councils, committees, commissions, and task forces of

the departments who were performing such functions shall be transferred to the office.

     (d) In the transference of such functions, the secretary shall be responsible for ensuring:

     (1) Minimal disruption of services to consumers;

     (2) Elimination of duplication of functions and operations;

     (3) Services are coordinated and functions are consolidated where appropriate;

     (4) Clear lines of authority are delineated and followed;

     (5) Cost savings are achieved whenever feasible;

     (6) Program application and eligibility determination processes are coordinated and, where

feasible, integrated; and

     (7) State and federal funds available to the office and the entities therein are allocated and

utilized for service delivery to the fullest extent possible.

     (e) Except as provided herein, no provision of this chapter or application thereof shall be

construed to limit or otherwise restrict the departments under this section from fulfilling any

statutory requirement or complying with any regulation deemed otherwise valid.

     (f) To ensure an orderly transfer of functions to the office of commerce the following

transition shall occur at the direction of the governor, secretary of commerce and the respective

directors of the department affected.

     (g) On or about February 1, 2015, the office shall commence to operate all functions

currently assigned to the department of business regulation (DBR).

     (h) On or about April 1, 2015, the office shall commence to operate the regulatory

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reform and housing/community development functions currently assigned to the department

of administration.

     (i) In addition to the requirements of § 35-3-7, budgets submitted by the impacted state

departments for state fiscal years 2015 and 2016 shall include provisions to implement this section.

     SECTION 10. Sections 42-64.20-5, 42-64.20-6 and 42-64.20-8 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-

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32-4 in which event the commerce corporation shall have the discretion to modify the minimum

project cost requirement.

     (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).

     (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

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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.

     (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

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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.

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     (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 (e) (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.

     42-64.20-6. Administration.

     (a) To obtain the tax credit authorized in this chapter, applicants shall apply to the

commerce corporation board for approval of a qualified development project for credits under this

chapter. Such approval shall at a minimum require:

     (1) That the applicant has submitted a completed application as developed by the commerce

corporation in consultation with the division of taxation;

     (2) That the chief executive of the commerce corporation provide written confirmation to

the commerce corporation board (i) That the commerce corporation has reviewed the application

and any determination regarding the potential impact on the project’s ability to stimulate business

development; retain and attract new business and industry to the state; create jobs, including good-

paying jobs, for its residents; assist with business, commercial, and industrial real estate

development; and generate revenues for necessary state and local governmental services; and (ii)

The total credits to be awarded to the applicant.

     (3) That the secretary of commerce provide written confirmation to the commerce

corporation board that the recommendation of the commerce corporation is consistent with the

purposes of this chapter; and

     (4) That the director of the office of management and budget provide (i) written

confirmation to the commerce corporation board that the aggregate credits recommended by the

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commerce corporation pursuant to this chapter do not exceed the maximum aggregate credits

allowed under this chapter in accordance with § 42-64.20-5(f) 42-64.20-5(h).

     (b) As the commerce corporation board determines whether to grant credits under this

chapter, it shall consider the purposes for which this chapter is established, which include (but are

not necessarily limited to) the following: (i) To create jobs with an emphasis on jobs that pay at

least the most recent state median wage as defined by the department of labor and training; and (ii)

To spur economic growth and new development in Rhode Island.

     (c) To claim a tax credit authorized by the board of the commerce corporation, applicants

shall apply to the commerce corporation for a certification that the project has met all requirements

of this chapter and any additional requirements set by the commerce corporation subsequent to the

time the qualified development project is placed in service. The commerce corporation shall issue

to the applicant a certification or a written response detailing any deficiencies precluding

certification. The commerce corporation may deny certification, or may revoke the delivery of tax

credits if the project does not meet all requirements of this chapter and any additional requirements

set by the commerce corporation.

     (d) Upon issuance of a certification by the commerce corporation under subsection (c), the

division of taxation shall, on behalf of the State of Rhode Island, issue tax credit certificates

equaling one hundred percent (100%) of the tax credits approved by the commerce corporation.

     (e) In the event that tax credits, or a portion of tax credits, are revoked by the commerce

corporation and such tax credits have been transferred or assigned, the commerce corporation will

pursue its recapture rights and remedies against the applicant of the tax credits who shall be liable

to repay to the commerce corporation the face value of all tax credits assigned or transferred and

all fees paid by the applicant shall be deemed forfeited. No redress shall be sought against assignees

or transferees of such tax credits provided the tax credits were acquired by way of an arms-length

transaction, for value, and without notice of violation, fraud, or misrepresentation.

     (f) The commerce corporation and division of taxation shall promulgate such rules and

regulations as are necessary to carry out the intent and purpose and implementation of the

responsibilities of each under this chapter.

     42-64.20-8. Program integrity.

     (a) Program integrity being of paramount importance, the commerce corporation shall

establish procedures to ensure ongoing compliance with the terms and conditions of the program

established herein, including procedures to safeguard the expenditure of public funds and to ensure

that the funds further the objectives of the program.

     (b) The commerce corporation shall adopt implementation guidelines, directives, criteria,

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and rules and regulations pursuant to § 42-35-3 of the general laws chapter 35 of this title

(Administrative Procedures), as are necessary to implement this chapter, including, but not

limited to: examples of the enumeration of specific targeted industries; specific delineation of

incentive areas; the determination of additional limits; the promulgation of procedures and forms

necessary to apply for a tax credit, including the enumeration of the certification procedures; the

allocation of new tax credits in consultation with the executive office of commerce, division of

taxation and department of administration; and provisions for tax credit applicants to be charged

an initial application fee, and ongoing service fees, to cover the administrative costs related to the

tax credit.

     SECTION 11. Section 42-64.22-12 of the General Laws in Chapter 42-64.22 entitled "Tax

Stabilization Incentive" is hereby amended to read as follows:

     42-64.22-12. Implementation guidelines, directives, criteria, rules, regulations.

     (a) The commerce corporation shall establish further guidelines, directives, criteria, rules

and regulations in regards to the implementation of this chapter.

     (b) The adoption and implementation of rules and regulations shall be made pursuant to §

42-35-3 of the general laws chapter 35 of this title (Administrative Procedures) as are necessary

for the implementation of the commerce corporation’s responsibilities under this chapter.

     SECTION 12. Section 42-64.23-6 of the General Laws in Chapter 42-64.23 entitled "First

Wave Closing Fund" is hereby amended to read as follows:

     42-64.23-6. Implementation guidelines, directives, criteria, rules, regulations.

     The commerce corporation may adopt implementation guidelines, directives, criteria, rules

and regulations pursuant to § 42-35-3 of the General Laws chapter 35 of this title

(Administrative Procedures) as are necessary for the implementation and administration of the

fund.

     SECTION 13. Section 42-64.24-6 of the General Laws in Chapter 42-64.24 entitled "I-195

Redevelopment Project Fund" is hereby amended to read as follows:

     42-64.24-6. Implementation guidelines, directives, criteria, rules, regulations.

     The commission shall adopt implementation guidelines, directives, criteria, rules and

regulations pursuant to § 42-35-3 of the general laws chapter 35 of this title (Administrative

Procedures) as are necessary for the implementation of the commission’s responsibilities under

this chapter and impose such fees and charges as are necessary to pay for the administration and

implementation of this program.

     SECTION 14. Section 42-64.26-9 of the General Laws in Chapter 42-64.26 entitled "Stay

Invested in RI Wavemaker Fellowships" is hereby amended to read as follows:

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     42-64.26-9. Implementation guidelines, rules, regulations.

     (a) The commerce corporation may adopt implementation guidelines, rules, and regulations

pursuant to § 42-35-3 chapter 35 of this title (Administrative Procedures) as are necessary for

the implementation of this chapter.

     (b) The commerce corporation shall adopt guidelines to assure integrity and eliminate

potential conflicts of interest in the issuing of awards.

     (c) The division of taxation may adopt implementation guidelines, directives, criteria, and

rules and regulations pursuant to § 42-35-3 of the General Laws chapter 35 of this title

(Administrative Procedures), as are necessary for the implementation of the division’s

responsibilities under this chapter.

     SECTION 15. Section 42-82-5 of the General Laws in Chapter 42-82 entitled "Farmland

Preservation Act" is hereby amended to read as follows:

     42-82-5. Duties of the commission.

     (a) The commission shall:

     (1) Develop the criteria necessary for defining agricultural land under this chapter;

     (2) Make a reasonably accurate inventory of all land in the state that meets the definition

of agricultural land;

     (3) Prepare and adopt rules for administration of the purchase of development rights and

criteria for the selection of parcels for which the development rights may be purchased, and the

conditions under which they will be purchased;

     (4) Draw up and publish the covenant and enumerate the specific development rights to be

purchased by the state;

     (5) Inform the owners, public officials, and other citizens and interested persons of the

provisions of this chapter;

     (6) Approve and submit, within ninety (90) days after the end of each fiscal year, an annual

report to the governor, the speaker of the house of representatives, the president of the senate, and

the secretary of state of its activities during that fiscal year. The report shall provide: an operating

statement summarizing meetings or hearings held, including meeting minutes, subjects addressed,

decisions rendered, petitions granted, rules or regulations promulgated, studies conducted, policies

and plans developed, approved, or modified, and programs administered or initiated; a consolidated

financial statement of all funds received and expended, including the source of the funds, a listing

of any staff supported by these funds, and a summary of any clerical, administrative, or technical

support received; a summary of performance during the previous fiscal year, including

accomplishments, shortcomings, and remedies; a synopsis of hearings, examinations, and

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investigations or any legal matters related to the authority of the commission; a summary of any

training courses held pursuant to subdivision (a)(7); a summary of land acquired and conserved

during the fiscal year; an annually updated inventory of all land in the state that meets the definition

of agricultural land; a briefing on anticipated activities in the upcoming fiscal year; findings and

recommendation for improvements. The report shall be posted electronically, as prescribed in § 42-

20-8.2. The director of the department of administration shall be responsible for the enforcement

of this provision; and

     (7) Conduct a training course for newly appointed and qualified members and new

designees of ex officio members within six (6) months of their qualification or designation. The

course shall be developed by the chair, approved by the commission, and conducted by the

commission. The commission may approve the use of any commission or staff members or other

individuals to assist with training. The course shall include instruction in the following areas: the

provisions of chapters 82 and 46 of this title, chapter 14 of title 36, and chapter 2 of title 38; and

the commission’s rules and regulations. The director of the department of administration shall,

within ninety (90) days of the effective date of this act [May 3, 2006], prepare and disseminate

training materials relating to the provisions of chapter 46 of this title, chapter 14 of title 36, and

chapter 2 of title 38.

     (b) At any time after fulfilling the requirements of subsection (a), the commission, on

behalf of the state, may acquire any development rights that may, from time to time, be offered by

the owners of agricultural land. The commission may accept or negotiate at a price not in excess of

the value established by an independent appraisal prepared for the commission, or for one of the

commission’s partners, for the respective property. Additionally, said appraisal shall be reviewed

in a manner consistent with the rules and regulations of the commission. The value of the

development rights for all of the purposes of this section shall be the difference between the value

of the property for its highest and best use and its value for agricultural purposes as defined in this

chapter. In determining the value of the property for its highest and best use, consideration shall be

given to sales of comparable properties in the general area, use of which is unrestricted at the time

of sale. The seller of the development rights shall have the option of accepting payment in full at

the time of transfer or accepting payment on an installment basis in cash or with the principal paid

by tax exempt financial instruments of the state with interest on the unpaid balance equal to the

interest paid by the state on bonds sold during the preceding twelve-month (12) period. Any matter

pending in the superior court may be settled by the parties subject to approval by a referee. At any

time after a matter has been referred to a referee, even after an award is made by the referee, but

before payment thereof, the petitioner may withdraw his or her petition upon payment of appraisal

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fees incurred by the state, together with all court costs, and the award shall become null and void.

     (c) Any land acquired by purchase, devise, or as a gift may be resold by the commission

with the development rights retained by the state and so noted by covenant in the deed. Any such

resale by the commission shall not be subject to the right to purchase by the municipality in which

the land is situated as provided by § 37-7-5. The proceeds from that sale shall be returned to the

agricultural land preservation fund.

     (d) Any land received as a gift and not resold by the commission may be leased for

agricultural uses or other uses the commission determines are not detrimental to its agricultural

productivity. Any funds thus obtained shall be returned to the agricultural land preservation fund.

     (e) The commission may consider petitions by the owner of land, from which or whom the

state has purchased the development rights, to repurchase those development rights from the state.

The petition must be accompanied by a certificate from the municipalities in which the land lies

stating that two-thirds (⅔) of the city or town council has approved the proposed development. The

petition shall set forth the facts and circumstances upon which the commission shall consider

approval, and the commission shall deny approval unless at least seven (7) of its members

determine by vote that there is an overriding necessity to relinquish control of the development

rights. The commission shall hold at least one public hearing in a city or town from which a

certificate has been received, prior to its consideration of the petition, that shall be announced in

one newspaper of local circulation. The expenses, if any, of the hearing shall be borne by the

petitioner. If the commission approves the sale of the development rights, it shall receive the value

of the development rights at the time of this sale, to be determined in the same manner as provided

for by subsection (d) (b). Proceeds of the sale shall be returned to the agricultural land preservation

fund.

     SECTION 16. Section 42-102-6 of the General Laws in Chapter 42-102 entitled

"Governor’s Workforce Board Rhode Island" is hereby amended to read as follows:

     42-102-6. Powers and duties.

     (a) Strategic statewide employment-and-training plan.

     (1) The board shall meet with other entities involved with career and technical education,

workforce development, and career training and shall be responsible for the development of a

comprehensive and cohesive, statewide employment-and-training plan. The strategic, statewide

employment-and-training plan shall include goals and objectives for serving the state’s existing

and emerging workforce utilizing all state and federal workforce-development programs. The board

shall take into consideration the needs of all segments of the state’s citizenry in establishing goals

and training objectives, including the workforce needs of the state’s employers.

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     (2) The strategic, statewide-employment-and-training plan shall be developed biennially

and shall cover the subsequent, two (2) fiscal years. Said biennial plans shall be submitted on

November 15. The biennial plan shall outline goals and objectives of the coordinated programs

system, major priorities needed for the next two-year (2) period, and policies and requirements

necessary to meet those priorities. The board shall provide a funding plan necessary to achieve

system priorities and serve the anticipated number of participants and shall identify the general

revenue funds necessary to meet program needs, taking into account anticipated federal, private,

and other sources of funds. The biennial plan shall incorporate the annual, unified-workforce-

development-system report required pursuant to subsection (f) in those years in which both reports

are due.

     (3) The board shall develop and maintain a comprehensive inventory and analysis of

workforce-development activities in the state to support the biennial, statewide employment-and-

training plan. The analysis shall include, but not be limited to, an examination of the populations

being served across the different employment and training and adult education programs across the

state; the number of participants being served by these programs; the type of services provided; and

the eligibility requirements of each of these programs. The analysis shall also identify the funding

sources (all sources) used in these programs; the service providers within the state; as well as the

range of services provided. The analysis shall also examine the employer role in workforce-

development activities, including, but not limited to, how employer needs are assessed; benefits

employers receive for partnering with workforce-development organizations; and the role

employers play in developing programs and providing training.

     (4) The board shall establish and convene an advisory group to assist in the development

of this comprehensive inventory and analysis that consists of stakeholders and organizations with

specific knowledge and expertise in the area of workforce development.

     (5) All departments and agencies of the state shall furnish advice and information,

documentary or otherwise, to the board and its agents as is deemed necessary or desirable by the

board to facilitate the purposes of the board, including the development of the statewide,

employment-and-training plan.

     (6) Elements of the statewide employment and training plan established pursuant to

subsection (a) of this section may inform the development of the state workforce investment plan

required pursuant to § 42-102-6(d)(2)(i).

     (b) Performance management and coordination of employment-and-training programs.

     (1) The board shall establish statewide policies, definitions, objectives, goals, and

guidelines for the coordination of all employment-and-training programs and related services and

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programs within the state, including:

     (i) The state department of labor and training programs, sponsored under the Workforce

Investment Act of 1998, Wagner-Peyser Act, 29 U.S.C. § 49 et seq., the Trade Act of 2002, and

any other employment-related educational program administered by the state department of labor

and training;

     (ii) The state department of human services training programs, sponsored under the

Temporary Assistance to Needy Families, Title IV of the Social Security Act; the Supplemental

Nutrition Assistance Program (SNAP) Employment and Training Program; Vocational

Rehabilitation Act of 1973, and any other employment-and-training and related services and

employment-related educational programs administered by the state’s department of human

services;

     (iii) Employment and training programs sponsored under the Carl D. Perkins Vocational

Education Act, 20 U.S.C. § 2301 et seq., the Federal Adult Education Act, Title II of the Workforce

Investment Act of 1998 and any other employment-related educational programs administered by

the board of education;

     (iv) The state department of corrections training programs for ex-offenders to help them

reintegrate into the community and re-enter employment;

     (v) Projects and services funded through the job-development fund pursuant to § 42-102-

6(e)(1);

     (vi) All other employment-and-training and related services and employment-related

educational programs, either presently existing or hereinafter established, that are administered by

any state agencies, departments, or councils; and

     (vii) Programs included within subsections (b)(1)(i) through (b)(1)(vi) shall be referred

herein collectively as “the coordinated programs system.”

     (2) With respect to plans for employment-and-training programs sponsored under the

federal Carl D. Perkins Vocational Education Act, 20 U.S.C. § 2301 et seq., and any other

employment-related educational programs administered by the board of education, the workforce

board and board of education shall establish a process for the development and preparation of all

these plans and the board of education shall approve the plan subject to review and comment by

the workforce board; provided, however, that the responsibilities and duties of the board of

education, as set forth in the general laws, shall not be abridged.

     (3) With respect to plans for the Temporary Assistance to Needy Families Program, SNAP

Employment and Training Program, Vocational Rehabilitation Services, and any other

employment-and-training and related programs administered by the state’s department of human

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services, the authority and responsibilities of the department as the single state agency under Titles

IV-A, 42 U.S.C. §§ 601 through 617, and IV-F, 42 U.S.C. §§ 681 through 687 [repealed], of the

Federal Social Security Act shall not be abridged.

     (4) With respect to plans for training ex-offenders to help them reintegrate into the

community and re-enter employment, and any other employment-and-training programs

administered by the state’s department of corrections, the responsibilities and duties of the

department, as set forth in the general laws, shall not be abridged.

     (5) The board shall review, comment on, or approve as appropriate all plans for

employment and training within the coordinated-programs system. The board shall establish

policies and performance goals for the coordinated-programs system. These policies and goals shall

include, but not be limited to:

     (i) Establishing and communicating uniform policies and consistent terms and definitions;

     (ii) Gathering and distributing information from, and to, all agencies, departments, and

councils within the coordinated-programs system;

     (iii) Standardizing and coordinating program planning, evaluation, budgeting, and funding

processes;

     (iv) Recommending structural and procedural changes;

     (v) Establishing performance goals and measurements for monitoring the effectiveness of

the programs provided through the coordinated-programs system; and

     (vi) Reconciling diverse agency, departmental, or council goals and developing priorities

among those goals.

     (c) Comprehensive system-improvement plan.

     (1) The 2015 unified workforce-development-system report required pursuant to § 42-102-

6(f) and due on November 15, 2015, shall include an additional, comprehensive system-

improvement plan to facilitate the seamless and coordinated delivery of workforce services in this

state, consistent with the goals and objectives of the board’s statewide employment-and-training

plan. In developing the comprehensive, system-improvement plan, the board shall review the roles,

responsibilities, and functions of all state employment-and-training programs. The study shall

identify any gaps in the services provided by those programs; any barriers to integration and

cooperation of these programs; and any other matters that adversely affect the seamless delivery of

workforce-development systems in the state.

     (2) The board shall include in the comprehensive, system-improvement plan:

     (i) A list of specific barriers, whether structural, regulatory, or statutory, that adversely

affect the seamless and coordinated delivery of workforce-development programs and services in

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this state, as well as recommendations to overcome or eliminate these barriers; and

     (ii) Recommendations for providing, at a minimum, board comment and review of all state

employment-and-training programs, to ensure such programs are consistent with the board’s

statewide employment-and-training plan, and meet the current and projected workforce demands

of this state, including programs that, pursuant to state or federal law or regulation, must remain

autonomous.

     (3) The recommendations developed by the board under subsection (c)(1) must identify the

state agency or department that is responsible for implementing each recommendation and include

a time frame for the implementation of each recommendation. The governor may include such

recommendations in his or her proposed budget the following fiscal year.

     (d) Workforce investment act responsibilities.

     (1) The board shall assume the duties and responsibilities of the state workforce-investment

board established pursuant to Executive Order 05-18 dated September 22, 2005, as outlined in

subsection (c)(2) (d)(2).

     (2) The board shall assist the governor and the general assembly in:

     (i) Developing a state workforce-investment plan for the purposes of the Workforce

Investment Act of 1998 (WIA) and the Wagner-Peyser Act;

     (ii) Actively promoting and coordinating private-sector involvement in the workforce-

investment system through the development of partnerships among state agencies, the business

community, and the board;

     (iii) Ensuring that the current and projected workforce needs of Rhode Island employers

inform and advise Rhode Island’s education and workforce-development system;

     (iv) Providing oversight of local workforce-investment boards, whose primary role in the

workforce-investment system is to deliver employment, training, and related education services in

their respective local area; and

     (v) Developing a statewide system of activities that are funded under the WIA or carried

out through the one-stop delivery system, including:

     (A) Assuring coordination and non duplication among the programs and activities carried

out by one-stop partners;

     (B) Reviewing local workforce-investment plans;

     (C) Designating local workforce-investment areas in accordance with federal law;

     (D) Developing allocation formulas for the distribution of funds for adult employment-

and-training activities, youth activities to local areas, and creating and expanding job and career

opportunities for individuals with intellectual, developmental, or other significant disabilities;

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     (E) Developing comprehensive, state-performance measures as prescribed by federal law,

including state-adjusted levels of performance, to assess the effectiveness of the workforce-

investment activities in the state;

     (F) Preparing the annual report to the Secretary of Labor described in WIA;

     (G) Developing the statewide employment-statistics system;

     (H) Developing an application for incentive grants;

     (I) Carrying out the responsibilities of a local board as outlined in WIA; and

     (J) Addressing any other issue requiring input from the board under the provisions of WIA.

     (e) Job-development fund responsibilities.

     (1) The board shall allocate monies from the job-development fund for projects to

implement the recommendations of the board consistent with the statewide employment-and-

training plan established pursuant to § 42-102-6(a).

     (f) Unified workforce-development system report.

     (1) The board shall produce and submit an annual, unified, workforce-development-system

report to the governor, the speaker of the house, the president of the senate, and the secretary of

state. The report shall be submitted annually on November 15. The report shall cover activity

having taken place the preceding fiscal year ending June 30 and shall include:

     (i) A fiscal and programmatic report for the governor’s workforce board covering the

previous fiscal year, including:

     (A) A summary of the board’s activities and accomplishments during the previous fiscal

year;

     (B) A summary of clerical, administrative, professional, or technical reports received by

the board during the previous fiscal year, if applicable;

     (C) A briefing on anticipated activities in the upcoming fiscal year;

     (D) A consolidated financial statement of all funds received, and expended, by the board,

including the source of funds, during the previous fiscal year;

     (E) A listing of any staff supported by these funds;

     (ii) A unified, expenditure-and-program report for statewide employment-and-training

programs and related services, including:

     (A) Expenditures by agencies for programs included in § 42-102-6(b)(1), including

information regarding the number of individuals served by each program; demographic information

by gender, race, and ethnicity; outcome and program-specific performance information as

determined by the board; and such other information as may be determined by the board, including,

but not limited to, the attainment of credentials;

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     (2) Beginning November 15, 2015, program expenditures included in the unified,

workforce-development-system report shall be categorized as administrative, program delivery, or

other costs; the report shall further include information on the cost per individual served within

each program, through a manner determined by the board;

     (3) All state and local agencies, departments, or council, or similar organizations within

the coordinated-programs system, shall be required to provide the board with the information

necessary to produce the unified, workforce-development-system report.

     SECTION 17. Section 42-128-5 of the General Laws in Chapter 42-128 entitled "Rhode

Island Housing Resources Act of 1998" is hereby amended to read as follows:

     42-128-5. Purposes.

     The purposes of the commission shall be:

     (1) To develop and promulgate state policies, and plans, for housing and housing

production and performance measures for housing programs established pursuant to state law.

     (2) To coordinate activities among state agencies and political subdivisions pertaining to

housing.

     (3) To promote the stability of and quality of life in communities and neighborhoods.

     (4) To provide opportunities for safe, sanitary, decent, adequate and affordable housing in

Rhode Island.

     (5) To encourage public-private partnerships that foster the production, rehabilitation,

development, maintenance, and improvement of housing and housing conditions, especially for

low and moderate income people.

     (6) To foster and support no-profit non-profit organizations, including community

development corporations, and their associations and intermediaries, that are engaged in providing

and housing related services.

     (7) To encourage and support partnerships between institutions of higher education and

neighborhoods to develop and retain quality, healthy housing and sustainable communities.

     (8) To facilitate private for-profit production and rehabilitation of housing for diverse

populations and income groups.

     (9) To provide, facilitate, and/or support the provisions of technical assistance.

     SECTION 18. Section 42-128.1-5 of the General Laws in Chapter 42-128.1 entitled "Lead

Hazard Mitigation" is hereby amended to read as follows:

     42-128.1-5. Housing resources commission — Powers and duties with respect to lead

hazard mitigation.

     (a) General powers and duties. The housing resources commission shall implement and put

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into full force and effect the powers, duties, and responsibilities assigned to it by this chapter, and

shall serve as the lead state agency for lead hazard mitigation, planning, education, technical

assistance, and coordination of state projects and state financial assistance to property owners for

lead hazard mitigation.

     (b) Regulatory guidelines. In developing and promulgating rules and regulations as

provided for in this chapter, the housing resources commission shall consider, among other things:

(1) the effect on efforts to reduce the incidence of lead poisoning, (2) the ease and cost of

implementation, (3) the impact on the ability to conduct real estate transactions fairly and

expeditiously, (4) consistency with federal standards, such that the differences between basic

federal standards and Rhode Island standards for lead hazard mitigation are, to the extent

practicable, minimized, and (5) the direction of effort to locations and housing types, which due to

age, condition, and prior history of lead poisoning are more likely to be the location of lead

poisoning. Said regulations shall include a definition of “turnover” of a dwelling unit and a means

for tenants to voluntarily notify property owners of the legal tenancy of an “at-risk” occupant.

     (c) Comprehensive strategic plan. In order to establish clear goals for increasing the

availability of housing in which lead hazards have been mitigated, to provide performance

measures by which to assess progress toward achieving the purposes of this chapter, and to facilitate

coordination among state agencies and political subdivisions with responsibilities for housing and

housing quality for lead poisoning reduction and for the availability of insurance coverage

described in this chapter, the housing resources commission established by chapter 128 of this title

shall adopt by April 1, 2003, a four (4) year, comprehensive strategic plan for reducing the

incidence of childhood lead poisoning, for increasing the supply of lead-safe housing, and for

assuring that pre-1978 in rental housing throughout the state lead hazards have been mitigated.

     (1) Plan elements. The plan as a minimum shall include elements pertaining to:

     (i) Educating people with regard to lead hazards and how they can be avoided, mitigated,

and/or abated;

     (ii) Programs to assist low and moderate income owners of property to eliminate lead

hazards and to achieve lead-safe conditions;

     (iii) Coordination of the enforcement of laws pertaining to lead hazard control, mitigation

and abatement including the Lead Poisoning Prevention Act, chapter 24.6 of title 23, and minimum

housing codes and standards;

     (iv) Coordination of efforts with local governments and other agencies to improve housing

conditions;

     (v) Financing lead abatement efforts in Rhode Island, including, but not limited to,

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assistance to low and moderate income property owners, education and outreach, and enforcement

by state and local officials;

     (vi) An assessment of the availability of insurance for lead hazard liability, which shall be

designed and implemented in cooperation with the department of business regulation.

     (2) Implementation program. The comprehensive strategic plan shall include an

implementation program, which shall include performance measurers and a program of specific

activities that are proposed to be undertaken to accomplish the purposes of this chapter and to

achieve goals and elements set forth by the plan. The implementation program shall be updated

annually according to a schedule set forth in the plan.

     (3) Reporting. The commission shall report annually to the governor and the general

assembly, no later than March of each year, on the progress made in achieving the goals and

objectives set forth in the plan, which report may be integrated with or issued in conjunction with

the report of the commission on environmental lead submitted pursuant to § 23-24.6-6.

ARTICLE II -- STATUTORY CONSTRUCTION

     SECTION 1. Section 7-12.1-903.1 of the General Laws in Chapter 7-12.1 entitled

"Uniform Partnership Act" is hereby amended to read as follows:

     7-12.1-903.1. Issuance of certificates of revocation.

     (a) Upon revoking any such certificate of a limited liability partnership, the secretary of

state shall:

     (1) Issue a certificate of revocation in duplicate;

     (2) File one of the certificates in the secretary of state’s office;

     (3) Send to the limited liability partnership by regular mail a certificate of revocation,

addressed to the registered agent of the limited liability partnership in this state on file with the

secretary of state’s office; provided, however, that if a prior mailing addressed to the address of the

registered agent of the limited liability partnership in this state currently on file with the secretary

of state’s office has been returned to the secretary of state as undeliverable by the United States

Postal Service for any reason, or if the revocation certificate is returned as undeliverable to the

secretary of state’s office by the United States Postal Service for any reason, the secretary of state

shall give notice as follows:

     (i) To the limited liability partnership at its principal office of record as shown in its most

recent annual report, and no further notice shall be required; or

     (ii) In the case of a limited liability partnership that has not yet filed an annual report, then

to the limited liability partnership at the principal office in the statement of qualification of limited

liability partnership or to the authorized person listed on the articles of organization statement of

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qualification of limited liability partnership, and no further notice shall be required.

     (b) An administrative revocation under this section affects only the partnership’s status as

a limited liability partnership and is not an event causing dissolution of the partnership.

     (c) The revocation of a limited liability partnership does not terminate the authority of its

registered agent.

     SECTION 2. Section 7-13.1-812 of the General Laws in Chapter 7-13.1 entitled "Uniform

Limited Partnership Act" is hereby amended to read as follows:

     7-13.1-812. Issuance of certificates of revocation.

     (a) Upon revoking any such certificate of limited partnership, the secretary of state shall:

     (1) Issue a certificate of revocation in duplicate;

     (2) File one of the certificates in the secretary of state’s office;

     (3) Send to the limited partnership by regular mail a certificate of revocation, addressed to

the registered agent of the limited partnership in this state on file with the secretary of state’s office;

provided, however, that if a prior mailing addressed to the address of the registered agent of the

limited partnership in this state currently on file with the secretary of state’s office has been returned

to the secretary of state as undeliverable by the United States Postal Service for any reason, or if

the revocation certificate is returned as undeliverable to the secretary of state’s office by the United

States Postal Service for any reason, the secretary of state shall give notice as follows:

     (i) To the limited partnership at its principal office of record as shown in its most recent

annual report, and no further notice shall be required; or

     (ii) In the case of a limited partnership that has not yet filed an annual report, then to the

domestic limited partnership at the principal office in the articles of organization certificate of

limited partnership or to the authorized person listed on the certificate of registration certificate

of limited partnership, and no further notice shall be required.

     (b) A limited partnership that is revoked continues in existence as an entity but may not

carry on any activities except as necessary to wind up its activities and affairs and liquidate its

assets under §§ 7-13.1-802, 7-13.1-806, 7-13.1-807, 7-13.1-808, and 7-13.1-810, or to apply for

reinstatement under § 7-13.1-813.

     (c) The revocation of a limited partnership does not terminate the authority of its registered

agent.

     SECTION 3. Section 9-1-31 of the General Laws in Chapter 9-1 entitled "Causes of

Action" is hereby amended to read as follows:

     9-1-31. Public school teachers, supervisors, administrators and employees whose

position directly involves work with students — Immunity from liability — Compensation

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for certain injuries — Duty upon school committees and board of regents. Public school

teachers, supervisors, administrators and employees whose position directly involves work

with students — Immunity from liability — Compensation for certain injuries — Duty upon

school committees and the council on elementary and secondary education.

     (a) Each school committee and the board of regents council on elementary and

secondary education shall protect and save harmless any public school teacher, any supervisor,

administrator, or licensed professional employee, any employee whose position requires a

certificate from the department of education or board of regents for elementary and secondary

education council on elementary and secondary education, any employee whose position

directly involves work with students, and any employee of the board of regents council on

elementary and secondary education from financial loss and expense, including legal fees and

costs, if any, arising out of any claim, demand, or suit for actions resulting in accidental bodily

injury to or death of any person, or in accidental damage to or destruction of property, within or

without the school building, or any other acts, including but not limited to infringement of any

person’s civil rights, resulting in any injury, which acts are not wanton, reckless, malicious, or

grossly negligent, as determined by a court of competent jurisdiction, provided the teacher,

supervisor, or administrator, at the time of the acts resulting in the injury, death, damages, or

destruction, was acting in the discharge of their duties or within the scope of their employment or

under the direction of the school committee or the board of regents council on elementary and

secondary education.

     (b) For the purpose of this section, the term “teacher” shall include any student teacher

doing practice teaching under the direction of a teacher employed by a school committee or the

board of regents council on elementary and secondary education.

     (c) Each school committee and the board of regents council on elementary and

secondary education shall protect and save harmless any teacher or any supervisor, employee

whose position directly involves work with students (hereinafter referred to as “employee”), or

administrator from financial loss and expense, including payment of expenses reasonably incurred

for medical or other service, necessary as a result of an assault upon the teacher, supervisor,

employee, or administrator while the person was acting in the discharge of their duties within the

scope of their employment or under the direction of the school committee or the board of regents

council on elementary and secondary education, which expenses are not paid by the individual

teacher’s, supervisor’s, employee’s, or administrator’s workers’ compensation.

     (d) Any teacher, supervisor, employee whose position directly involves work with students

(hereinafter referred to as “employee”), or administrator absent from their employment as a result

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of injury sustained during an assault upon the teacher, supervisor, employee, or administrator that

occurred while the teacher, supervisor, employee, or administrator was discharging their duties

within the scope of their employment or under the direction of the school committee or the board

of regents council on elementary and secondary education, or for a court appearance in

connection with the assault, shall continue to receive their full salary, while so absent, except that

the amount of any workers’ compensation award may be deducted from their salary payments

during the absence. The time of the absence shall not be charged against the teacher’s, supervisor’s,

employee’s, or administrator’s sick leave, vacation time, or personal leave days.

     (e) A person so injured in accordance with subsection (d) of this section and who receives

a disability therefrom, which renders them unable to fully perform their normal duties, shall, if the

disability continues for a period of one year, apply to the Rhode Island employees’ retirement

system for appropriate benefits for which that person is entitled.

     SECTION 4. Section 16-16-1 of the General Laws in Chapter 16-16 entitled "Teachers’

Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby

amended to read as follows:

     16-16-1. Definitions.

     (a) The following words and phrases used in this chapter, unless a different meaning is

plainly required by the context, have the following meanings:

     (1) “Active member” means any teacher as defined in this section for whom the retirement

system is currently receiving regular contributions pursuant to §§ 16-16-22 and 16-16-22.1.

     Except as otherwise provided in this section, the words and phrases used in this

chapter, so far as applicable, have the same meanings as they have in chapters 8 to 10 of title

36.

     (2) “Beneficiary” means any person in receipt of annuity, benefit, or retirement allowance

from the retirement system as provided in this chapter.

     (3) “Child” includes a stepchild of a deceased member who has been a stepchild for at least

one year immediately preceding the date on which the member died or an adopted child of a

deceased member without regard to the length of time the child has been adopted.

     (4) “Former spouse divorced” means a person divorced from a deceased member, but only

if the person meets one of the following conditions:

     (i) Is the mother or father of the deceased member’s child(ren);

     (ii) Legally adopted the deceased member’s child(ren) while married to the deceased

member and while the child(ren) was under the age of eighteen (18) years;

     (iii) Was married to the deceased member at the time both of them legally adopted a

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child(ren) under the age of eighteen (18) years; or

     (iv) Was married to the deceased member for ten (10) or more years and to whom the

deceased member was required by a court order to contribute post-divorce support.

     (5) “Member” means any person included in the membership of the retirement system

under the provisions of this chapter.

     (6) “Prior service” means service as a teacher rendered prior to the first day of July, 1949,

certified on the teacher’s prior service certificate and allowable as prior service under the provisions

of this chapter.

     (7) “Retired teacher” means any teacher who retired prior to July 1, 1949, pursuant to the

provisions of G.L. 1938, ch. 195, as amended, and who on June 30, 1949, was in receipt of a pension

under the provisions of that chapter.

     (8) “Retirement system” and “system” means the employees’ retirement system of the state

of Rhode Island created by chapter 8 of title 36, and “retirement board” means the board established

under that chapter.

     (9) “Salary” or “compensation” includes any and all salary paid for teaching services

regardless of whether any part of the salary or compensation is derived from any state or federal

grant or appropriation for teachers’ salaries, as the term is defined in § 36-8-1(8). “Average

compensation” shall be defined in accordance with section 36-8-1(5)(a).

     (10) “Service” means service as a teacher as described in subdivision (12) of this section.

Periods of employment as teacher, principal, assistant principal, supervisor, superintendent, or

assistant superintendent shall be combined in computing periods of service and employment.

     (11) “Spouse” means the surviving person who was married to a deceased member, but

only if the surviving person meets one of the following conditions:

     (i) Was married to the deceased member for not less than one year immediately prior to the

date on which the member died;

     (ii) Is the mother or father of the deceased member’s child(ren);

     (iii) Legally adopted the deceased member’s child(ren) while married to the deceased

member and while the child(ren) was under the age of eighteen (18) years; or

     (iv) Was married to the deceased member at the time both of them legally adopted a

child(ren) under the age of eighteen (18) years.

     (12) “Teacher” means a person required to hold a certificate of qualification issued by or

under the authority of the board of regents for council on elementary and secondary education

and who is engaged in teaching as their principal occupation and is regularly employed as a teacher

in the public schools of any city or town in the state, or any formalized, commissioner approved,

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cooperative service arrangement. The term includes a person employed as a teacher, supervisor,

principal, assistant principal, superintendent, or assistant superintendent of schools, director,

assistant director, coordinator, consultant, dean, assistant dean, educational administrator, nurse

teacher, and attendance officer or any person who has worked in the field of education or is working

in the field of education who holds a teaching or administrative certificate. In determining the

number of days served by a teacher the total number of days served in any public school of any city

or town in the state may be combined for any one school year. The term also includes a school

business administrator whether or not the administrator holds a teaching or administrative

certificate, and also includes occupational therapists and physical therapists licensed by the

department of health and employed by a school committee in the state, or by any formalized,

commissioner approved, cooperative service arrangement.

     (13) “Teaching” includes teaching, supervising, and superintending or assistant

superintending of schools.

     (14) “Total service” means prior service as defined in subdivision (6) of this section, plus

service rendered as a member of the system on or after the first day of July, 1949.

     (15) For purposes of this chapter, “domestic partner” shall be defined as a person who,

prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the

decedent, and who certifies by affidavit that their relationship met the following qualifications:

     (i) Both partners were at least eighteen (18) years of age and were mentally competent to

contract;

     (ii) Neither partner was married to anyone else;

     (iii) Partners were not related by blood to a degree that would prohibit marriage in the state

of Rhode Island;

     (iv) Partners resided together and had resided together for at least one year at the time of

death; and

     (v) Partners were financially interdependent as evidenced by at least two (2) of the

following:

     (A) Domestic partnership agreement or relationship contract;

     (B) Joint mortgage or joint ownership of primary residence;

     (C) Two (2) of: (I) Joint ownership of motor vehicle; (II) Joint checking account; (III) Joint

credit account; (IV) Joint lease; and/or

     (D) The domestic partner had been designated as a beneficiary for the decedent’s will,

retirement contract, or life insurance.

     (b) The masculine pronoun wherever used shall also include the feminine pronoun.

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     (c) Any term not specifically defined in this chapter and specifically defined in chapters 8

— 10 of title 36 shall have the same definition as set forth in chapters 8 — 10 of title 36.

     SECTION 5. Section 20-2.1-9 of the General Laws in Chapter 20-2.1 entitled "Commercial

Fishing Licenses" is hereby amended to read as follows:

     20-2.1-9. Powers and duties of the director.

     It shall be the duty of the director to adopt, implement effective January 1, 2003, and

maintain a commercial fisheries licensing system that shall incorporate and be consistent with the

purposes of this chapter; in performance of this duty, the director shall follow the guidelines and

procedures set forth below:

     (1) The rulemaking powers of the director to accomplish the purposes of this chapter shall

include the following with regard to commercial fishing licenses and commercial fishing by license

holders:

     (i) Types of licenses and/or license endorsement consistent with the provisions of this

chapter and applicable sections of this title, and limitations on levels of effort and/or on catch by

type of license and/or license endorsement;

     (ii) Design, use, and identification of gear;

     (iii) Declarations for data collection purposes of vessels used in commercial fishing, which

declaration requirements shall in no way, except as otherwise provided for in law, restrict the use

of any vessel less than twenty-five feet (25′) in length overall by appropriate holders of commercial

fishing licenses;

     (iv) Areas in Rhode Island waters where commercial fishing of different types may take

place, and where it may be prohibited or limited, and the times and/or seasons when commercial

fishing by type or species may be allowed, restricted, or prohibited;

     (v) Limitations and/or restrictions on effort, gear, catch, or number of license holders and

endorsements; and

     (vi) Emergency rules, as provided for in chapter 35 of title 42, to protect an unexpectedly

imperiled fishery resource to provide access to a fisheries resource that is unexpectedly more

abundant and to protect the public health and safety from an unexpected hazard or risk. The marine

fisheries council shall be notified of all emergency rules on or before their effective date, and no

emergency rule shall become a final rule unless it is promulgated as provided for in subdivision (3)

of this section.

     (2) When implementing the system of licensure set forth in §§ 20-2.1-4, 20-2.1-5, 20-2.1-

6, and 20-2.1-7, and other provisions of this title pertaining to commercial fishing licenses, permits,

and registrations, the director shall consider the effect of the measure on the access of Rhode

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Islanders to commercial fishing, and when establishing limitations on effort and/or catch:

     (i) The effectiveness of the limitation:

     (A) In achieving duly established conservation or fisheries regeneration goals or

requirements;

     (B) In maintaining the viability of fisheries resources overall, including particularly, the

reduction of by-catch, discards, and fish mortality, and in improving efficiency in the utilization of

fisheries resources;

     (C) In complementing federal and regional management programs and the reciprocal

arrangements with other states;

     (ii) The impact of the limitation on persons engaged in commercial fishing on:

     (A) Present participation in the fishery, including ranges and average levels of participation

by different types or classes of participants;

     (B) Historical fishing practices in, and dependence on, the fishery;

     (C) The economics of the fishery;

     (D) The potential effects on the safety of human life at sea;

     (E) The cultural and social framework relevant to the fishery and any affected fishing

communities; and

     (iii) Any other relevant considerations that the director finds in the rulemaking process;

     (iv) The following standards for fishery conservation and management, which standards

shall be understood and applied so far as practicable and reasonable in a manner consistent with

federal fisheries law, regulation, and guidelines:

     (A) Conservation and management measures shall prevent overfishing, while achieving,

on a continuing basis, the optimum yield from each fishery;

     (B) Conservation and management measures shall be based upon the best scientific

information available and analysis of impacts shall consider ecological, economic, and social

consequences of the fishery as a whole;

     (C) Conservation and management measures shall, where practicable, consider efficiency

in the utilization of fisheries resources, except that no such measure shall have economic allocation

as its sole purpose;

     (D) Conservation and management measures shall take into account and allow for

variations among, and contingencies in, fisheries, fishery resources, and catches;

     (E) Conservation and management measures shall, where practicable, minimize costs and

avoid unnecessary duplication;

     (F) Conservation and management measures shall, consistent with conservation

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requirements of this chapter (including the prevention and of overfishing and rebuilding of

overfished stocks), take into account the importance of fishery resources to fishing communities in

order to (I) Provide for the sustained participation of those communities and (II) To the extent

practicable, minimize adverse economic impacts on those communities;

     (G) Conservation and management measures shall, to the extent practicable: (I) Minimize

by-catch and (II) To the extent by-catch cannot be avoided, minimize the mortality of the by-catch;

and

     (H) Conservation and management measures shall, to the extent practicable, promote the

safety of human life at sea.

     (3) Unless otherwise specified, rules and regulations adopted pursuant to this chapter shall

conform with the requirements of the Administrative Procedures Act, chapter 35 of title 42.

     (4) Matters to be considered in establishing license programs under this chapter. The

director shall be consistent with the requirements of § 20-2.1-2(6) in establishing and implementing

a licensing system in accordance with the provisions of this chapter that shall be designed to

accomplish marine fisheries management objectives. The licensing system may limit access to

fisheries, particularly commercial fisheries for which there is adequate or greater than adequate

harvesting capacity currently in the fishery and for which either a total allowable catch has been

set or a total allowable level of fishing effort has been established for the purpose of preventing

overfishing of the resource or the dissipation of the economic yield from the fishery. This authority

shall include the authority of the director to:

     (i) Differentiate between the level of access to fisheries provided to license holders or

potential license holders on the basis of past performance, dependence on the fishery, or other

criteria;

     (ii) Establish prospective control dates that provide notice to the public that access to, and

levels of participation in, a fishery may be restricted and that entrance into, or increases in levels

of participation in a fishery after the control date may not be treated in the same way as participation

in the fishery prior to the control date; retroactive control dates are prohibited and shall not be used

or implemented, unless expressly required by federal law, regulation, or court decision; and

     (iii) Establish levels of catch by type of license and/or endorsement that shall provide for

basic and full harvest and gear levels; quotas may be allocated proportionally among classes of

license holders as needed to maintain the viability of different forms of commercial fishing.

     (5) [Deleted by P.L. 2023, ch. 281, § 2 and P.L. 2023, ch. 282, § 2.]

     (6) The director, with the advice of the marine fisheries council, shall report annually to

the governor, general assembly, and to the citizens concerning the conservation and management

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