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1 | ARTICLE 2 | |
2 | RELATING TO STATE FUNDS | |
3 | SECTION 1. Section 24-18-7 of the General Laws in Chapter 24-18 entitled "Municipal | |
4 | Road and Bridge Revolving Fund” is hereby amended to read as follows: | |
5 | 24-18-7. Procedure for project approval. | |
6 | (a) By September 1, 2013, the department shall promulgate rules and regulations | |
7 | establishing the project evaluation criteria and the process through which a city or town may submit | |
8 | an infrastructure plan. By December 31, 2013, the agency shall promulgate rules and regulations | |
9 | to effectuate the provisions of this chapter which may include, without limitation, forms for | |
10 | financial assistance applications, loan agreements, and other instruments. All rules and regulations | |
11 | promulgated pursuant to this chapter shall be promulgated in accordance with the provisions of | |
12 | chapter 35 of title 42. | |
13 | (b) Cities and towns shall submit infrastructure plans to the department in accordance with | |
14 | the department’s rules and regulations promulgated pursuant to subsection (a) of this section. | |
15 | (c) The department shall evaluate all submitted infrastructure plans and, in accordance with | |
16 | the project evaluation criteria, identify all eligible projects, and after a public hearing, the | |
17 | department shall finalize and provide the agency and statewide planning with a project priority list. | |
18 | The agency shall not award financial assistance to any project not listed on the project priority list | |
19 | other than as set forth in subsection (f) herein. | |
20 | (d) The agency shall not obligate more than fifty percent (50%) of available funding in any | |
21 | calendar year to any one city or town unless there are no other eligible projects on the project | |
22 | priority list. | |
23 | (e) Upon issuance of the project priority list, the agency shall award financial assistance to | |
24 | cities and towns for approved projects. The agency may decline to award financial assistance to an | |
25 | approved project that the agency determines will have a substantial adverse effect on the interests | |
26 | of holders of bonds or other indebtedness of the agency or the interests of other participants in the | |
27 | financial assistance program, or for good and sufficient cause affecting the finances of the agency. | |
28 | All financial assistance shall be made pursuant to a loan agreement between the agency and the city | |
29 | or town, acting by and through the officer or officers, board, committee, or other body authorized | |
30 | by law, or otherwise its chief executive officer, according to terms and conditions as determined | |
31 | by the agency, and each loan shall be evidenced and secured by the issue to the agency of city or | |
32 | town obligations in fully marketable form in principal amount, bearing interest at the rate or rates | |
33 | specified in the applicable loan agreement, and shall otherwise bear such terms and conditions as | |
34 | authorized by this chapter and/or the loan agreement. | |
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1 | (f) Notwithstanding any other provision of this chapter, the agency may provide financial | |
2 | assistance for an approved project without the necessity of the approved project being listed on a | |
3 | project priority list if the financial assistance for the approved project is to provide match to other | |
4 | federal, state, local or other funding for the approved project. | |
5 | SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds” | |
6 | is hereby amended to read as follows: | |
7 | 35-4-27. Indirect cost recoveries on restricted receipt accounts. [Effective January 1, | |
8 | 2025.] | |
9 | Indirect cost recoveries of fifteen percent (15%) ten percent (10%) of cash receipts shall | |
10 | be transferred from all restricted receipt accounts, to be recorded as general revenues in the general | |
11 | fund. However, there shall be no transfer from cash receipts with restrictions received exclusively: | |
12 | (1) From contributions from nonprofit charitable organizations; (2) From the assessment of indirect | |
13 | cost-recovery rates on federal grant funds; or (3) Through transfers from state agencies to the | |
14 | department of administration for the payment of debt service. These indirect cost recoveries shall | |
15 | be applied to all accounts, unless prohibited by federal law or regulation, court order, or court | |
16 | settlement. The following restricted receipt accounts shall not be subject to the provisions of this | |
17 | section: | |
18 | Executive Office of Health and Human Services | |
19 | Organ Transplant Fund | |
20 | HIV Care Grant Drug Rebates | |
21 | Health System Transformation Project | |
22 | Rhode Island Statewide Opioid Abatement Account | |
23 | HCBS Support-ARPA | |
24 | HCBS Admin Support-ARPA | |
25 | Department of Human Services | |
26 | Veterans’ home — Restricted account | |
27 | Veterans’ home — Resident benefits | |
28 | Pharmaceutical Rebates Account | |
29 | Demand Side Management Grants | |
30 | Veteran’s Cemetery Memorial Fund | |
31 | Donations — New Veterans’ Home Construction | |
32 | Commodity Supplemental Food Program-Claims | |
33 | Department of Health | |
34 | Pandemic medications and equipment account | |
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1 | Miscellaneous Donations/Grants from Non-Profits | |
2 | State Loan Repayment Match | |
3 | Healthcare Information Technology | |
4 | Department of Behavioral Healthcare, Developmental Disabilities and Hospitals | |
5 | Eleanor Slater non-Medicaid third-party payor account | |
6 | Hospital Medicare Part D Receipts | |
7 | RICLAS Group Home Operations | |
8 | Group Home Facility Improvement Fund | |
9 | Commission on the Deaf and Hard of Hearing | |
10 | Emergency and public communication access account | |
11 | Department of Environmental Management | |
12 | National heritage revolving fund | |
13 | Environmental response fund II | |
14 | Underground storage tanks registration fees | |
15 | De Coppet Estate Fund | |
16 | Rhode Island Historical Preservation and Heritage Commission | |
17 | Historic preservation revolving loan fund | |
18 | Historic Preservation loan fund — Interest revenue | |
19 | Department of Public Safety | |
20 | E-911 Uniform Emergency Telephone System | |
21 | Forfeited property — Retained | |
22 | Forfeitures — Federal | |
23 | Forfeited property — Gambling | |
24 | Donation — Polygraph and Law Enforcement Training | |
25 | Rhode Island State Firefighter’s League Training Account | |
26 | Fire Academy Training Fees Account | |
27 | Attorney General | |
28 | Forfeiture of property | |
29 | Federal forfeitures | |
30 | Attorney General multi-state account | |
31 | Forfeited property — Gambling | |
32 | Department of Administration | |
33 | OER Reconciliation Funding | |
34 | Health Insurance Market Integrity Fund | |
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1 | RI Health Benefits Exchange | |
2 | Information Technology restricted receipt account | |
3 | Restore and replacement — Insurance coverage | |
4 | Convention Center Authority rental payments | |
5 | Investment Receipts — TANS | |
6 | OPEB System Restricted Receipt Account | |
7 | Car Rental Tax/Surcharge-Warwick Share | |
8 | Grants Management Administration | |
9 | RGGI-Executive Climate Change Coordinating Council Projects | |
10 | Electric Vehicle Charging Stations Operating and Maintenance Account | |
11 | Office of Energy Resources | |
12 | OER Reconciliation Funding | |
13 | RGGI Executive Climate Change Coordinating Council Projects | |
14 | Electric Vehicle Charging Stations Operating and Maintenance Account | |
15 | Clean Transportation Programs | |
16 | Department of Housing | |
17 | Housing Resources and Homelessness Restricted Receipt Account | |
18 | Housing Production Fund | |
19 | Low-Income Housing Tax Credit Fund | |
20 | Department of Revenue | |
21 | DMV Modernization Project | |
22 | Jobs Tax Credit Redemption Fund | |
23 | Legislature | |
24 | Audit of federal assisted programs | |
25 | Department of Children, Youth and Families | |
26 | Children’s Trust Accounts — SSI | |
27 | Military Staff | |
28 | RI Military Family Relief Fund | |
29 | RI National Guard Counterdrug Program | |
30 | Treasury | |
31 | Admin. Expenses — State Retirement System | |
32 | Retirement — Treasury Investment Options | |
33 | Defined Contribution — Administration - RR | |
34 | Violent Crimes Compensation — Refunds | |
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1 | Treasury Research Fellowship | |
2 | Business Regulation | |
3 | Banking Division Reimbursement Account | |
4 | Office of the Health Insurance Commissioner Reimbursement Account | |
5 | Securities Division Reimbursement Account | |
6 | Commercial Licensing and Racing and Athletics Division Reimbursement Account | |
7 | Insurance Division Reimbursement Account | |
8 | Historic Preservation Tax Credit Account | |
9 | Rhode Island Cannabis Control Commission | |
10 | Marijuana Trust Fund | |
11 | Social Equity Assistance Fund | |
12 | Judiciary | |
13 | Arbitration Fund Restricted Receipt Account | |
14 | Third-Party Grants | |
15 | RI Judiciary Technology Surcharge Account | |
16 | Department of Elementary and Secondary Education | |
17 | Statewide Student Transportation Services Account | |
18 | School for the Deaf Fee-for-Service Account | |
19 | School for the Deaf — School Breakfast and Lunch Program | |
20 | Davies Career and Technical School Local Education Aid Account | |
21 | Davies — National School Breakfast & Lunch Program | |
22 | School Construction Services | |
23 | Office of the Postsecondary Commissioner | |
24 | Higher Education and Industry Center | |
25 | IGT STEM Scholarships | |
26 | Department of Labor and Training | |
27 | Job Development Fund | |
28 | Contractor Training Restricted Receipt Account | |
29 | Rhode Island Council on the Arts | |
30 | Governors’ Portrait Donation Fund | |
31 | Statewide records management system account | |
32 | SECTION 3. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and | |
33 | Control” is hereby amended to read as follows: | |
34 | 35-6-1. Controller — Duties in general. | |
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1 | (a) Within the department of administration there shall be a controller who shall be | |
2 | appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall | |
3 | be responsible for accounting and expenditure control and shall be required to: | |
4 | (1) Administer a comprehensive accounting and recording system that will classify the | |
5 | transactions of the state departments and agencies in accordance with the budget plan; | |
6 | (2) Maintain control accounts for all supplies, materials, and equipment for all | |
7 | departments and agencies except as otherwise provided by law; | |
8 | (3) Prescribe a financial, accounting, and cost accounting system for state departments | |
9 | and agencies; | |
10 | (4) Identify federal grant-funding opportunities to support the governor’s and general | |
11 | assembly’s major policy initiatives and provide technical assistance with the application process | |
12 | and post-award grants management; | |
13 | (5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse | |
14 | for the application of federal grants; | |
15 | (6) Pre-audit all state receipts and expenditures; | |
16 | (7) Prepare financial statements required by the several departments and agencies, by the | |
17 | governor, or by the general assembly; | |
18 | (8) Approve the orders drawn on the general treasurer; provided, that the pre-audit of all | |
19 | expenditures under authority of the legislative department and the judicial department by the state | |
20 | controller shall be purely ministerial, concerned only with the legality of the expenditure and | |
21 | availability of the funds, and in no event shall the state controller interpose his or her judgment | |
22 | regarding the wisdom or expediency of any item or items of expenditure; | |
23 | (9) Prepare and timely file, on behalf of the state, any and all reports required by the | |
24 | United States, including, but not limited to, the Internal Revenue Service, or required by any | |
25 | department or agency of the state, with respect to the state payroll; and | |
26 | (10) Prepare a preliminary closing statement for each fiscal year. The controller shall | |
27 | forward the statement to the chairpersons of the house finance committee and the senate finance | |
28 | committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by | |
29 | September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment | |
30 | of the appropriations act, whichever is later. The report shall include but is not limited to: | |
31 | (i) A report of all revenues received by the state in the completed fiscal year, together | |
32 | with the estimates adopted for that year as contained in the final enacted budget, and together | |
33 | with all deviations between estimated revenues and actual collections. The report shall also | |
34 | include cash collections and accrual adjustments; | |
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1 | (ii) A comparison of actual expenditures with each of the actual appropriations, including | |
2 | supplemental appropriations and other adjustments provided for in the Rhode Island general laws; | |
3 | (iii) A statement of the opening and closing surplus in the general revenue account; and | |
4 | (iv) A statement of the opening surplus, activity, and closing surplus in the state budget | |
5 | reserve and cash stabilization account and the state bond capital fund. | |
6 | (b) The controller shall provide supporting information on revenues, expenditures, capital | |
7 | projects, and debt service upon request of the house finance committee chairperson, senate | |
8 | finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor. | |
9 | (c) Upon issuance of the audited annual financial statement, the controller shall provide a | |
10 | report of the differences between the preliminary financial report and the final report as contained | |
11 | in the audited annual financial statement. | |
12 | (d) The controller shall create a special fund not part of the general fund and shall deposit | |
13 | amounts equivalent to all deferred contributions under this act into that fund. Any amounts | |
14 | remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall | |
15 | transfer such amounts into the retirement system as appropriate. | |
16 | (e) Upon issuance of the audited financial statement, the controller shall transfer fifty | |
17 | percent (50%) of all general revenues received in the completed fiscal year net of transfer to the | |
18 | state budget reserve and cash stabilization account as required by § 35-3-20 in excess of those | |
19 | estimates adopted for that year as contained in the final enacted budget to the employees’ | |
20 | retirement system of the state of Rhode Island as defined in § 36-8-2 and fifty percent (50%) to | |
21 | the supplemental state budget reserve account as defined in § 35-3-20.2, except that excess | |
22 | revenues from fiscal year 2023 shall not be transferred to the supplemental state budget reserve | |
23 | account. and that excess revenues from fiscal year 2024 shall not be transferred to the employees’ | |
24 | retirement system of the state of Rhode Island and the supplemental state budget reserve account. | |
25 | (f) The controller shall implement a direct deposit payroll system for state employees. | |
26 | (1) There shall be no service charge of any type paid by the state employee at any time | |
27 | which shall decrease the net amount of the employee’s salary deposited to the financial institution | |
28 | of the personal choice of the employee as a result of the use of direct deposit. | |
29 | (2) Employees hired after September 30, 2014, shall participate in the direct deposit | |
30 | system. At the time the employee is hired, the employee shall identify a financial institution that | |
31 | will serve as a personal depository agent for the employee. | |
32 | (3) No later than June 30, 2016, each employee hired before September 30, 2014, who is | |
33 | not a participant in the direct deposit system, shall identify a financial institution that will serve as | |
34 | a personal depository agent for the employee. | |
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1 | (4) The controller shall promulgate rules and regulations as necessary for implementation | |
2 | and administration of the direct deposit system, which shall include limited exceptions to required | |
3 | participation. | |
4 | (g) The controller shall oversee the office of risk management (§ 37-11-1 et seq.) | |
5 | SECTION 4. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled | |
6 | “Department of Behavioral Healthcare, Developmental Disabilities and Hospitals” is hereby | |
7 | amended to read as follows: | |
8 | 40.1-1-13. Powers and duties of the office. | |
9 | Notwithstanding any provision of the Rhode Island general laws to the contrary, the | |
10 | department of behavioral healthcare, developmental disabilities and hospitals shall have the | |
11 | following powers and duties: | |
12 | (1) To establish and promulgate the overall plans, policies, objectives, and priorities for | |
13 | state substance abuse education, prevention, and treatment; provided, however, that the director | |
14 | shall obtain and consider input from all interested state departments and agencies prior to the | |
15 | promulgation of any such plans or policies; | |
16 | (2) Evaluate and monitor all state grants and contracts to local substance abuse service | |
17 | providers; | |
18 | (3) Develop, provide for, and coordinate the implementation of a comprehensive state plan | |
19 | for substance abuse education, prevention, and treatment; | |
20 | (4) Ensure the collection, analysis, and dissemination of information for planning and | |
21 | evaluation of substance abuse services; | |
22 | (5) Provide support, guidance, and technical assistance to individuals, local governments, | |
23 | community service providers, public and private organizations in their substance abuse education, | |
24 | prevention, and treatment activities; | |
25 | (6) Confer with all interested department directors to coordinate the administration of state | |
26 | programs and policies that directly affect substance abuse treatment and prevention; | |
27 | (7) Seek and receive funds from the federal government and private sources in order to | |
28 | further the purposes of this chapter; | |
29 | (8) To act in conjunction with the executive office of health and human services as the | |
30 | state’s co-designated agency (42 U.S.C. § 300x-30(a)) for administering federal aid and for the | |
31 | purposes of the calculation of the expenditures relative to the substance abuse block grant and | |
32 | federal funding maintenance of effort. The department of behavioral healthcare, developmental | |
33 | disabilities and hospitals, as the state’s substance abuse authority, will have the sole responsibility | |
34 | for the planning, policy and implementation efforts as it relates to the requirements set forth in | |
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1 | pertinent substance abuse laws and regulations including 42 U.S.C. § 300x-21 et seq.; | |
2 | (9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving | |
3 | insurance and managed care systems for substance abuse services in Rhode Island; | |
4 | (10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual | |
5 | relationships and memoranda of agreement as necessary for the purposes of this chapter; | |
6 | (11) To license facilities and programs for the care and treatment of substance abusers and | |
7 | for the prevention of substance abuse, and provide the list of licensed chemical dependency | |
8 | professionals (LCDP) and licensed chemical dependency clinical supervisors (LCDCS) (licensed | |
9 | by the department of health pursuant to chapter 69 of title 5) for use by state agencies including, | |
10 | but not limited to, the adjudication office of the department of transportation, the district court and | |
11 | superior court and the division of probation and parole for referral of individuals requiring | |
12 | substance use disorder treatment; | |
13 | (12) To promulgate rules and regulations necessary to carry out the requirements of this | |
14 | chapter; | |
15 | (13) Perform other acts and exercise any other powers necessary or convenient to carry out | |
16 | the intent and purposes of this chapter; | |
17 | (14) To exercise the authority and responsibilities relating to education, prevention, and | |
18 | treatment of substance abuse, as contained in, but not limited to, the following chapters: chapters | |
19 | 1.10, 10.1, and 28.2 of title 23; chapters 21.2 and 21.3 of title 16; chapter 50.1 of title 42 [repealed]; | |
20 | chapter 109 of title 42; chapter 69 of title 5; and § 35-4-18; | |
21 | (15) To establish a Medicare Part D restricted-receipt account in the hospitals and | |
22 | community rehabilitation services program and the Rhode Island state psychiatric hospital program | |
23 | to receive and expend Medicare Part D reimbursements from pharmacy benefit providers consistent | |
24 | with the purposes of this chapter; | |
25 | (16) To establish a RICLAS group home operations restricted-receipt account in the | |
26 | services for the developmentally disabled program to receive and expend rental income from | |
27 | RICLAS group clients for group home-related expenditures, including food, utilities, community | |
28 | activities, and the maintenance of group homes; | |
29 | (17) To establish a non-Medicaid, third-party payor restricted-receipt account in the | |
30 | hospitals and community rehabilitation services program to receive and expend reimbursement | |
31 | from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid | |
32 | eligible; and | |
33 | (18) To certify any and all recovery housing facilities directly, or through a contracted | |
34 | entity, as defined by department guidelines, which includes adherence to using National Alliance | |
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1 | for Recovery Residences (NARR) standards. In accordance with a schedule to be determined by | |
2 | the department, all referrals from state agencies or state-funded facilities shall be to certified | |
3 | houses, and only certified recovery housing facilities shall be eligible to receive state funding to | |
4 | deliver recovery housing services. As of January 1, 2027, all recovery housing facilities shall be | |
5 | registered with the department and shall adhere to the NARR certification process. | |
6 | SECTION 5. Section 45-12-33 of the General Laws in Chapter 45-12 entitled | |
7 | "Indebtedness of Towns and Cities” is hereby amended to read as follows: | |
8 | 45-12-33. Borrowing for road and bridge, infrastructure, and school building | |
9 | projects. | |
10 | (a)(1) In addition to other authority previously granted, during calendar year 2014 a city | |
11 | or town may authorize the issuance of bonds, notes, or other evidences of indebtedness to | |
12 | evidence loans from the municipal road and bridge revolving fund administered by the Rhode | |
13 | Island clean water finance agency Rhode Island infrastructure bank in accordance with chapter 18 | |
14 | of title 24. Beginning July 1, 2025, and thereafter, a city or town may authorize the issuance of | |
15 | bonds, notes, or other evidences of indebtedness to evidence loans from the municipal road and | |
16 | bridge revolving fund administered by the Rhode Island infrastructure bank in accordance with | |
17 | chapter 18 of title 24 to provide a match to other federal, state, local or other funding for an | |
18 | approved project from the municipal road and bridge revolving fund. | |
19 | (2) In addition to other authority previously granted, from July 1, 2015 to June 30, 2016, | |
20 | a city or town may authorize the issuance of bonds, notes, or other evidences of indebtedness to | |
21 | evidence loans from the efficient buildings fund administered by the Rhode Island clean water | |
22 | finance agency infrastructure bank in accordance with chapter 12.2 of title 46 or the school | |
23 | building authority capital fund administered by the Rhode Island health and educational building | |
24 | corporation in accordance with chapter 38.2 of this title. | |
25 | (b) These bonds, notes, or other evidences of indebtedness are subject to the maximum | |
26 | aggregate indebtedness permitted to be issued by any city or town under § 45-12-2. | |
27 | (c) The denominations, maturities, interest rates, methods of sale, and other terms, | |
28 | conditions, and details of any bonds or notes issued under the provisions of this section may be | |
29 | fixed by resolution of the city or town council authorizing them, or if no provision is made in the | |
30 | resolution, by the treasurer or other officer authorized to issue the bonds, notes or evidences of | |
31 | indebtedness; provided, that the payment of principal shall be by sufficient annual payments that | |
32 | will extinguish the debt at maturity, the first of these annual payments to be made not later than | |
33 | three (3) years, and the last payment not later than twenty (20) years after the date of the bonds. | |
34 | The bonds, notes, or other evidences of indebtedness may be issued under this section by | |
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1 | any political subdivision without obtaining the approval of its electors, notwithstanding the | |
2 | provisions of §§ 45-12-19 and 45-12-20 and notwithstanding any provision of its charter to the | |
3 | contrary. | |
4 | SECTION 6. This article shall take effect upon passage. | |
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