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art.006/6/006/5/006/4/006/3/006/2/006/1 | ||
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1 | ARTICLE 6 AS AMENDED | |
2 | RELATING TO ECONOMIC DEVELOPMENT | |
3 | SECTION 1. Sections 5-23-2 and 5-23-6 of the General Laws in Chapter 5-23 entitled | |
4 | "Holiday Business" are hereby amended to read as follows: | |
5 | 5-23-2. Licenses for holiday business. | |
6 | (a) A retail establishment may be open on any day of the year except as specifically | |
7 | prohibited herein. A retail establishment shall not be open on a holiday unless licensed by the | |
8 | appropriate town council pursuant to this section. The city or town council of any city or town shall | |
9 | grant holiday licenses for the sale by retail establishments. No license shall be issued on December | |
10 | 25 of any year or on Thanksgiving Day, except to: | |
11 | (1) Pharmacies licensed under chapter 19.1 of this title; provided, however, that no drug | |
12 | (as defined in § 5-19.1-2) or controlled substance (as defined in § 5-19.1-2) requiring a prescription | |
13 | (as defined in § 5-19.1-2) shall be dispensed or sold unless a licensed pharmacist-in-charge (as | |
14 | defined in § 5-19.1-2) is available on the premises; | |
15 | (2) Retail establishments that principally sell food products as defined in § 44-18-30(9) and | |
16 | that employ fewer than six (6) employees per shift at any one location; | |
17 | (3) Retail establishments principally engaged in the sale of cut flowers, floral products, | |
18 | plants, shrubs, trees, fertilizers, seeds, bulbs, and garden accessories; | |
19 | (4) Retail establishments principally engaged in the sale and/or rental of video cassette | |
20 | tapes; and | |
21 | (5)(4) Retail establishments principally engaged in the preparation or sale of bakery | |
22 | products. | |
23 | (b) Retail establishments licensed pursuant to this section may be permitted to open for | |
24 | business during holidays on their normal business working hours. | |
25 | (c) Retail establishments licensed pursuant to this section shall be exempt from the | |
26 | provisions of chapter 1 of title 25, entitled “Holidays and Days of Special Observance,” and those | |
27 | establishments may sell any and all items sold in the ordinary course of business with the exception | |
28 | of alcoholic beverages. | |
29 | (d) All employees engaged in work during Sundays or holidays pursuant to the provisions | |
30 | of this section shall receive from their employer no less than time and a half for the work so | |
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1 | performed and shall be guaranteed at least a minimum of four (4) hours employment; except those | |
2 | employees referred to in § 28-12-4.3(a)(4), provided that the work performed by the employee is | |
3 | strictly voluntary and refusal to work for any retail establishment on a Sunday or holiday is not a | |
4 | ground for discrimination, dismissal, or discharge or any other penalty upon the employee. The city | |
5 | or town council may fix and cause to be paid into the city or town treasury for each license issued | |
6 | pursuant to this section a fee not to exceed the sum of one hundred dollars ($100) and may fix the | |
7 | time or times when the license granted terminates; provided, that the city or town council shall not | |
8 | charge a licensing fee to any charitable, benevolent, educational, philanthropic, humane, patriotic, | |
9 | social service, civic, fraternal, police, fire, labor, or religious organization that is not operated for | |
10 | profit. | |
11 | (e) Retail establishments engaged principally in the preparation or sale of bakery products | |
12 | and pharmacies shall be licensed prior to the sale of those products in accordance with this section; | |
13 | provided, that the time and one half and voluntary work provisions do not apply. | |
14 | (f)(c) Each city or town council shall fix, limit, and specify those rules, regulations, and | |
15 | conditions relating to the granting, holding, and exercising those licenses as it deems necessary or | |
16 | advisable and as are not inconsistent with law, and may suspend or revoke any license granted by | |
17 | it for more than two (2) violations of those rules, regulations, and conditions during a calendar year. | |
18 | (g)(d) Each city or town shall grant Class A licenses authorizing retail establishments that | |
19 | sell alcoholic beverages for consumption off of the premises within its jurisdiction to sell on | |
20 | Sundays, alcoholic beverages in accordance with the terms of this chapter and that of title 3; | |
21 | provided that it shall not permit such sale prior to the hour of twelve noon (12:00 p.m.) or on | |
22 | Christmas day, if Christmas shall occur on a Sunday; provided, further, that no employee shall be | |
23 | required to work and refusal to work on a Sunday shall not be the grounds for discrimination, | |
24 | dismissal, discharge, deduction of hours, or any other penalty. | |
25 | 5-23-6. Enforcement — Penalties. | |
26 | (a) Upon complaint filed with the director of labor and training by any employee or any | |
27 | consumer, or if a minor, by his or her parent or guardian, or by the lawful collective bargaining | |
28 | representative of an employee, that a licensee under this chapter person, firm, or corporation has | |
29 | violated the terms of § 5-23-2, the director shall cause the complaint to be investigated, and if | |
30 | satisfied that a probable violation has occurred, shall issue a complaint against the licensee person, | |
31 | firm, or corporation with a notice for a hearing. The hearing shall be held before a hearing officer | |
32 | of the department of labor and training. If the director concludes on the basis of the hearing record | |
33 | that a violation has occurred, he or she shall issue a cease and desist order to the licensee person, | |
34 | firm, or corporation, or he or she shall refer the complaint to the attorney general for appropriate | |
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1 | action as provided in subsection (c) of this section. The director shall issue regulations in | |
2 | conformity with law and preserving the rights of due process of all parties to implement the | |
3 | provisions of this subsection. | |
4 | (b) Every licensed or unlicensed person, firm, or corporation, including its officers and | |
5 | officials, who or that violates any of the provisions of his, her, or its license or the provisions of | |
6 | this chapter, except as set forth in subsection (a) of this section, shall be fined not exceeding five | |
7 | hundred dollars ($500) for the first offense and not exceeding one thousand dollars ($1,000) for | |
8 | each additional offense. | |
9 | (c) Except as otherwise provided in subsections (a) and (b) of this section, suit for violation | |
10 | of the provisions of this chapter, praying for criminal or civil injunctive or other relief, may be | |
11 | instituted in the superior court by any city or town or by the attorney general. | |
12 | (d) The penalty for opening and operating a business on December 25th of any year or on | |
13 | Thanksgiving Day, unless excepted, is, in addition to subsection (b) of this section, a fine not | |
14 | exceeding thirty percent (30%) of the sales or proceeds for that day. | |
15 | SECTION 2. Sections 5-23-3, 5-23-4 and 5-23-5 of the General Laws in Chapter 5-23 | |
16 | entitled "Holiday Business" are hereby repealed. | |
17 | 5-23-3. Works of necessity for which license not required. | |
18 | A license is not required for the sale upon a holiday of gasoline, oil, grease, automotive | |
19 | parts, automotive servicing, or automotive accessories, or for the conducting on that day by any | |
20 | farmers’ cooperative association of a wholesale auction market of fruit, vegetables, and farm | |
21 | products, all of which are declared to be works of necessity. | |
22 | 5-23-4. Terms and conditions of license — Revocation. | |
23 | Any city or town council in each case of granting the license shall fix, limit, and specify in | |
24 | the license the hours of the day during which the licensee or licensees may operate and may make | |
25 | those rules, regulations, and conditions relative to the granting, holding, and exercising those | |
26 | licenses that it deems necessary or advisable and that are not inconsistent with law, and may at any | |
27 | time at its pleasure suspend or revoke the license that it granted. The license shall be displayed in | |
28 | a conspicuous place on the premises licensed. | |
29 | 5-23-5. Place of operation — Delivery carts. | |
30 | The license shall not authorize any sale, rental, or operation at any place not specified in | |
31 | the license. The license is deemed to include permission to deliver by means of or sell from any | |
32 | cart or other vehicle, ice, milk, or newspapers; provided the number of carts or vehicles to be used | |
33 | for that purpose shall be specified in the license and there shall be displayed on each cart or vehicle | |
34 | while in that use any evidence that the city or town council prescribes that it is being used pursuant | |
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1 | to that license. | |
2 | SECTION 3. Section 5-50-4 of the General Laws in Chapter 5-50 entitled "Health Clubs" | |
3 | is hereby amended to read as follows: | |
4 | 5-50-4. Contract contents — Notice to buyer of right to cancel contract — Right of contract | |
5 | cancellation — Refund. | |
6 | (a) A copy of every health club contract shall be delivered to the buyer at the time the | |
7 | contract is signed. | |
8 | (b)(1) All health club contracts must be in writing signed by the buyer; must designate the | |
9 | date on which the buyer actually signs the contract; and must contain a statement of the buyer’s | |
10 | rights that substantially complies with this section. | |
11 | (2) The statement must appear in the contract under the conspicuous caption “BUYER’S | |
12 | RIGHT TO CANCEL,” and read as follows: | |
13 | “If you wish to cancel this contract, you may cancel in person, by electronic mail or by | |
14 | mail to the seller. You must give notice, in writing, that you do not wish to be bound by the contract. | |
15 | This notice must be delivered, electronically transmitted, or mailed before midnight of the tenth | |
16 | (10th) business day after the date of the contract so entered into. All cancellations must be delivered, | |
17 | electronically transmitted, or mailed to:(Insert name, electronic mail address, and mailing address | |
18 | of health club).” | |
19 | (3) Proof of in-person cancellation shall be effectuated by writing “cancellation” and the | |
20 | date of cancellation across the contract. | |
21 | (4) The buyer shall receive a copy of the contract. | |
22 | (5) The signature of the person employed by the health club who registers the cancellation | |
23 | must also appear on the contract. | |
24 | (c) Every contract for health club services shall provide that the contract may be cancelled | |
25 | before midnight of the tenth (10th) day after the date of the contract so entered into. The notice of | |
26 | the buyer’s cancellation of his or her contract shall be in writing and shall be made in person or by | |
27 | electronic mail to the seller at an electronic mail address that shall be specified in the contract or | |
28 | by mail to the seller at the address specified in the contract. | |
29 | (d) Every contract for health club services shall provide clearly and conspicuously, in | |
30 | writing, that after the expiration of the ten-day (10) period for cancellation as provided in subsection | |
31 | (b)(2): | |
32 | (1) The buyer shall be relieved from any and all obligations under the contract, and shall | |
33 | be entitled to a refund of any prepaid membership under the contract if: | |
34 | (i) A buyer relocates further than fifteen (15) miles from a comparable health club facility | |
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1 | operated by the seller; | |
2 | (ii) If a health club facility relocates further than fifteen (15) miles from its current location, | |
3 | or the seller does not maintain a health club service within a fifteen (15) mile radius from its current | |
4 | location; or | |
5 | (iii) If the health club services or facilities are not available to the buyer because the seller | |
6 | fails to open a planned health club or location, permanently discontinues operation of the health | |
7 | club or location, or substantially changes the operation; | |
8 | (2) If a buyer becomes significantly physically or medically disabled for a period in excess | |
9 | of three (3) months during the membership term, he or she has the option: | |
10 | (i) To be relieved of liability for payment on that portion of the contract term for which the | |
11 | purchaser is disabled and receive a full refund of any prepaid membership on the contract; or | |
12 | (ii) To extend the duration of the contract at no additional cost for a period equal to the | |
13 | duration of the disability. The health club may require that a doctor’s certificate be submitted as | |
14 | verification of the disability; | |
15 | (3) In the event of the buyer’s death, his or her estate shall be relieved of any further | |
16 | obligation for payment under the contract and shall be entitled to a refund for any prepaid | |
17 | membership for the unused portion of the contract. The health club may require verification of | |
18 | death; | |
19 | (4) In the event of a sale of health club ownership, the contract is voidable at the option of | |
20 | the buyer. | |
21 | (e) A health club contract that does not comply with the provisions of this chapter is | |
22 | voidable at the option of the buyer. | |
23 | (f) Upon cancellation pursuant to this section, the buyer shall be free of any and all | |
24 | obligations under the contract, and any prepaid monies pursuant to this contract shall be refunded | |
25 | within fifteen (15) business days of receipt of the notice of cancellation. The right of cancellation | |
26 | shall not be affected by the terms of the contract and may not be waived or surrendered. | |
27 | (g) Notice of the buyer’s right to cancel and the method of cancellation under this section | |
28 | shall also be posted clearly and conspicuously on the premises of the health club. | |
29 | SECTION 4. Section 5-78-2 of the General Laws in Chapter 5-78 entitled "Dating | |
30 | Services" is hereby amended to read as follows: | |
31 | 5-78-2. Contract requirements. | |
32 | (a) Each contract for social referral services shall provide that such contract may be | |
33 | cancelled at any time up until midnight of the third (3rd) business day after the date of receipt by | |
34 | the buyer of a copy of the written contract, by written notice, delivered by electronic mail to the | |
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1 | seller at an electronic mail address that shall be specified in the contract or by certified or registered | |
2 | United States mail to the seller at an address that shall be specified in the contract. | |
3 | (b)(1) In every contract for social referral services, the seller shall furnish to the buyer a | |
4 | fully completed copy of the contract at the time of its execution, which shows the date of the | |
5 | transaction and contains the name, electronic mail address, and address of the seller, and in the | |
6 | immediate proximity to the space reserved in the contract for the signature of the buyer and in not | |
7 | less than ten-point (10) boldface type, a statement in substantially the following form: | |
8 | “You, the buyer, may cancel this contract at any time prior to midnight of the third business | |
9 | day after your receipt of this contract. See the attached notice of cancellation for an explanation of | |
10 | this right.” | |
11 | (2) At the time the buyer signs the social referral services contract, a statement captioned | |
12 | "Notice of Cancellation" shall be contained in the contract and shall contain, in not less than ten- | |
13 | point (10) boldface type, the following information and statements: | |
14 | “Notice of Cancellation” | |
15 | “________________________________________ (Date of Transaction) | |
16 | You may cancel this contract, without any penalty or obligation, at any time prior to | |
17 | midnight of the third business day after your receipt of this contract by mailing this signed and | |
18 | dated notice of cancellation by certified or registered United States mail to the seller at the following | |
19 | address: __________________________. You may also cancel this contract, without any penalty | |
20 | or obligation, at any time prior to midnight of the third business day after your receipt of this | |
21 | contract by electronically transmitting this contract by electronic mail to the seller at the following | |
22 | electronic mail address:________________________________________________. If you cancel, | |
23 | any payments made by you under the contract will be returned within ten (10) business days | |
24 | following receipt by the seller of your cancellation notice.” | |
25 | (3) All moneys paid pursuant to any contract for social referral services shall be refunded | |
26 | within ten (10) business days of receipt of the notice of cancellation. | |
27 | (c) The consumer’s right of rescission shall not be waived, sold, or abrogated in any way | |
28 | or manner. | |
29 | SECTION 5. Sections 42-64.20-5 and 42-64.20-10 of the General Laws in Chapter 42- | |
30 | 64.20 entitled "Rebuild Rhode Island Tax Credit" are hereby amended to read as follows: | |
31 | 42-64.20-5. Tax credits. | |
32 | (a) An applicant meeting the requirements of this chapter may be allowed a credit as set | |
33 | forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of | |
34 | the general laws for a qualified development project. | |
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1 | (b) To be eligible as a qualified development project entitled to tax credits, an applicant’s | |
2 | chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the | |
3 | time of application, that: | |
4 | (1) The applicant has committed a capital investment or owner equity of not less than | |
5 | twenty percent (20%) of the total project cost; | |
6 | (2) There is a project financing gap in which after taking into account all available private | |
7 | and public funding sources, the project is not likely to be accomplished by private enterprise | |
8 | without the tax credits described in this chapter; and | |
9 | (3) The project fulfills the state’s policy and planning objectives and priorities in that: | |
10 | (i) The applicant will, at the discretion of the commerce corporation, obtain a tax | |
11 | stabilization agreement from the municipality in which the real estate project is located on such | |
12 | terms as the commerce corporation deems acceptable; | |
13 | (ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied | |
14 | by at least one business employing at least 25 full-time employees after construction or such | |
15 | additional full-time employees as the commerce corporation may determine; (B) Is a multi-family | |
16 | residential development in a new, adaptive reuse, certified historic structure, or recognized | |
17 | historical structure consisting of at least 20,000 square feet and having at least 20 residential units | |
18 | in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic | |
19 | structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at | |
20 | least one business, subject to further definition through rules and regulations promulgated by the | |
21 | commerce corporation; and | |
22 | (iii) Involves a total project cost of not less than $5,000,000, except for a qualified | |
23 | development project located in a hope community or redevelopment area designated under § 45- | |
24 | 32-4 in which event the commerce corporation shall have the discretion to modify the minimum | |
25 | project cost requirement. | |
26 | (4) Until July 1, 2025, pursuant to P. L. 2022 ch. 271 and P. L. 2022 ch. 272, for | |
27 | construction projects in excess of ten million dollars ($10,000,000), all construction workers shall | |
28 | be paid in accordance with the wages and benefits required pursuant to chapter 13 of title 37 with | |
29 | all contractors and subcontractors required to file certified payrolls on a monthly basis for all work | |
30 | completed in the preceding month on a uniform form prescribed by the director of labor and | |
31 | training. Failure to follow the requirements pursuant to chapter 13 of title 37 shall constitute a | |
32 | material violation and a material breach of the agreement with the state. The commerce corporation, | |
33 | in consultation with the director of labor and training and the tax administrator, shall promulgate | |
34 | such rules and regulations as are necessary to implement the enforcement of this subsection. The | |
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1 | provisions of this subsection shall expire and sunset on July 1, 2025. | |
2 | (5) Notwithstanding any general or special law or rule or regulation to the contrary, for | |
3 | construction projects awarded a tax credit agreement on or after July 1, 2025, and involving a | |
4 | budget of direct hard construction costs (as defined in § 44-33.6-2) in excess of twenty-five million | |
5 | dollars ($25,000,000), all construction workers shall be paid in accordance with the wages and | |
6 | benefits required pursuant to chapter 13 of title 37 with all contractors and subcontractors required | |
7 | to file certified payrolls on a monthly basis for all work completed in the preceding month on a | |
8 | uniform form prescribed by the director of labor and training. Failure to follow the requirements | |
9 | pursuant to chapter 13 of title 37 shall constitute a material violation and a material breach of the | |
10 | agreement with the state. The commerce corporation, in consultation with the director of labor and | |
11 | training and the tax administrator, shall promulgate such rules and regulations as are necessary to | |
12 | implement the enforcement of this subsection. | |
13 | (c) The commerce corporation shall develop separate, streamlined application processes | |
14 | for the issuance of rebuild RI tax credits for each of the following: | |
15 | (1) Qualified development projects that involve certified historic structures; | |
16 | (2) Qualified development projects that involve recognized historical structures; | |
17 | (3) Qualified development projects that involve at least one manufacturer; and | |
18 | (4) Qualified development projects that include affordable housing or workforce housing. | |
19 | (d) Applications made for a historic structure or recognized historic structure tax credit | |
20 | under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of | |
21 | taxation, at the expense of the commerce corporation, shall provide communications from the | |
22 | commerce corporation to those who have applied for and are in the queue awaiting the offer of tax | |
23 | credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax | |
24 | credit program. | |
25 | (e) Applicants (1) Who have received the notice referenced in subsection (d) above and | |
26 | who may be eligible for a tax credit pursuant to chapter 33.6 of title 44; (2) Whose application | |
27 | involves a certified historic structure or recognized historical structure; or (3) Whose project is | |
28 | occupied by at least one manufacturer shall be exempt from the requirements of subsections | |
29 | (b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants: | |
30 | (i) The division of taxation shall remain responsible for determining the eligibility of an | |
31 | applicant for tax credits awarded under chapter 33.6 of title 44; | |
32 | (ii) The commerce corporation shall retain sole authority for determining the eligibility of | |
33 | an applicant for tax credits awarded under this chapter; and | |
34 | (iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the | |
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1 | annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this | |
2 | subsection (e); and | |
3 | (iv) No tax credits shall be awarded under this chapter unless the commerce corporation | |
4 | receives confirmation from the department of labor and training that there has been compliance | |
5 | with the prevailing wage requirements set forth in subsection (b) of this section. | |
6 | (f) Maximum project credit. | |
7 | (1) For qualified development projects, the maximum tax credit allowed under this chapter | |
8 | shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to | |
9 | close a project financing gap (after taking into account all other private and public funding sources | |
10 | available to the project), as determined by the commerce corporation. | |
11 | (2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax | |
12 | exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000) | |
13 | for any qualified development project under this chapter; except as provided in subsection (f)(3) of | |
14 | this section; provided however, any qualified development project that exceeds the project cap upon | |
15 | passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further | |
16 | increased. No building or qualified development project to be completed in phases or in multiple | |
17 | projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all | |
18 | phases or projects involved in the rehabilitation of the building. Provided, however, that for | |
19 | purposes of this subsection and no more than once in a given fiscal year, the commerce corporation | |
20 | may consider the development of land and buildings by a developer on the “I-195 land” as defined | |
21 | in § 42-64.24-3(6) as a separate, qualified development project from a qualified development | |
22 | project by a tenant or owner of a commercial condominium or similar legal interest including | |
23 | leasehold improvement, fit out, and capital investment. Such qualified development project by a | |
24 | tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be | |
25 | exempted from subsection (f)(1)(i) of this section. | |
26 | (3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax | |
27 | exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars | |
28 | ($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter | |
29 | into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that | |
30 | project is approved for credits pursuant to this chapter by the commerce corporation. | |
31 | (4) For qualified development projects involving the development of housing and mixed | |
32 | use projects involving housing which are restricted to require at least twenty percent (20%) of the | |
33 | housing units being affordable housing or workforce housing development for residents making no | |
34 | more than between eighty percent (80%) and one hundred twenty percent (120%) of the area | |
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1 | median income (AMI) shall be allowed sales and use tax exemptions of up to thirty percent (30%) | |
2 | of the maximum project credit in addition to the maximum project credit of fifteen million dollars | |
3 | ($15,000,000) pursuant to this chapter. Any sales and use tax exemptions allowed in addition to the | |
4 | maximum project credit shall be for purchases made by June 30, 2028. | |
5 | (g) Credits available under this chapter shall not exceed twenty percent (20%) of the project | |
6 | cost, provided, however, that the applicant shall be eligible for additional tax credits of not more | |
7 | than ten percent (10%) of the project cost, if the qualified development project meets any of the | |
8 | following criteria or other additional criteria determined by the commerce corporation from time | |
9 | to time in response to evolving economic or market conditions: | |
10 | (1) The project includes adaptive reuse or development of a recognized historical structure; | |
11 | (2) The project is undertaken by or for a targeted industry; | |
12 | (3) The project is located in a transit-oriented development area; | |
13 | (4) The project includes residential development of which at least twenty percent (20%) of | |
14 | the residential units are designated as affordable housing or workforce housing; | |
15 | (5) The project includes the adaptive reuse of property subject to the requirements of the | |
16 | industrial property remediation and reuse act, § 23-19.14-1 et seq.; or | |
17 | (6) The project includes commercial facilities constructed in accordance with the minimum | |
18 | environmental and sustainability standards, as certified by the commerce corporation pursuant to | |
19 | Leadership in Energy and Environmental Design or other equivalent standards. | |
20 | (h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter, | |
21 | inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed | |
22 | two hundred twenty-five million dollars ($225,000,000), excluding any tax credits allowed | |
23 | pursuant to subsection (f)(3) of this section. | |
24 | (i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the | |
25 | project is placed in service. | |
26 | (j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer | |
27 | in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent | |
28 | (15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable | |
29 | year. | |
30 | (k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer’s total | |
31 | tax liability for the year in which the relevant portion of the credit is allowed, the amount that | |
32 | exceeds the taxpayer’s tax liability may be carried forward for credit against the taxes imposed for | |
33 | the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed | |
34 | to a partnership, a limited liability company taxed as a partnership, or multiple owners of property | |
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1 | shall be passed through to the persons designated as partners, members, or owners respectively pro | |
2 | rata or pursuant to an executed agreement among persons designated as partners, members, or | |
3 | owners documenting an alternate distribution method without regard to their sharing of other tax | |
4 | or economic attributes of such entity. | |
5 | (l) The commerce corporation, in consultation with the division of taxation, shall establish, | |
6 | by regulation, the process for the assignment, transfer, or conveyance of tax credits. | |
7 | (m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer | |
8 | for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from | |
9 | taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller’s tax calculation | |
10 | for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds, | |
11 | without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a | |
12 | natural person, the seller’s tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable, | |
13 | for the year of revocation, or adjustment, shall be increased by including the total amount of the | |
14 | sales proceeds without proration. | |
15 | (n) The tax credit allowed under this chapter may be used as a credit against corporate | |
16 | income taxes imposed under chapter 11, 13, 14, or 17 of title 44, or may be used as a credit against | |
17 | personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such | |
18 | as a partnership, a limited liability company taxed as a partnership, or multiple owners of property. | |
19 | (o) In the case of a corporation, this credit is only allowed against the tax of a corporation | |
20 | included in a consolidated return that qualifies for the credit and not against the tax of other | |
21 | corporations that may join in the filing of a consolidated tax return. | |
22 | (p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem | |
23 | this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division | |
24 | of taxation, in consultation with the commerce corporation, shall establish by regulation a | |
25 | redemption process for tax credits. | |
26 | (q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the | |
27 | commerce corporation, be exempt from sales and use taxes imposed on the purchase of the | |
28 | following classes of personal property only to the extent utilized directly and exclusively in the | |
29 | project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles; | |
30 | or (2) Other materials, including construction materials and supplies, that are depreciable and have | |
31 | a useful life of one year or more and are essential to the project. | |
32 | (r) The commerce corporation shall promulgate rules and regulations for the administration | |
33 | and certification of additional tax credit under subsection (g), including criteria for the eligibility, | |
34 | evaluation, prioritization, and approval of projects that qualify for such additional tax credit. | |
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1 | (s) The commerce corporation shall not have any obligation to make any award or grant | |
2 | any benefits under this chapter. | |
3 | 42-64.20-10. Sunset. | |
4 | No credits shall be authorized to be reserved pursuant to this chapter after December 31, | |
5 | 2025 2026. | |
6 | SECTION 6. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode | |
7 | Island Tax Increment Financing" is hereby amended to read as follows: | |
8 | 42-64.21-9. Sunset. | |
9 | The commerce corporation shall enter into no agreement under this chapter after December | |
10 | 31, 2025 2026. | |
11 | SECTION 7. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax | |
12 | Stabilization Incentive" is hereby amended to read as follows: | |
13 | 42-64.22-15. Sunset. | |
14 | The commerce corporation shall enter into no agreement under this chapter after December | |
15 | 31, 2025 2026. | |
16 | SECTION 8. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First | |
17 | Wave Closing Fund" is hereby amended to read as follows: | |
18 | 42-64.23-8. Sunset. | |
19 | No financing shall be authorized to be reserved pursuant to this chapter after December 31, | |
20 | 2025 2026. | |
21 | SECTION 9. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195 | |
22 | Redevelopment Project Fund" is hereby amended to read as follows: | |
23 | 42-64.24-8. Sunset. | |
24 | No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant | |
25 | to this chapter after December 31, 2025 2026. | |
26 | SECTION 10. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled | |
27 | "Small Business Assistance Program" is hereby amended to read as follows: | |
28 | 42-64.25-14. Sunset. | |
29 | No grants, funding, or incentives shall be authorized pursuant to this chapter after | |
30 | December 31, 2025 2028. | |
31 | SECTION 11. Section 42-64.26-3 of the General Laws in Chapter 42-64.26 entitled "Stay | |
32 | Invested in RI Wavemaker Fellowships" is hereby amended to read as follows: | |
33 | 42-64.26-3. Definitions. | |
34 | As used in this chapter: | |
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1 | (1) “Applicant” means an eligible graduate who applies for a tax credit for education loan | |
2 | repayment expenses under this chapter. | |
3 | (2) “Award” means a tax credit awarded by the commerce corporation to an applicant as | |
4 | provided under this chapter. | |
5 | (3) “Commerce corporation” means the Rhode Island commerce corporation established | |
6 | pursuant to chapter 64 of this title. | |
7 | (4) “Eligibility period” means a term of up to four (4) consecutive service periods | |
8 | beginning with the date that an eligible graduate receives initial notice of award under this chapter | |
9 | and expiring at the conclusion of the fourth service period after such date specified. | |
10 | (5) “Eligibility requirements” means the following qualifications or criteria required for an | |
11 | applicant to claim an award under this chapter: | |
12 | (i) That the applicant shall have graduated from an accredited two-year (2), four-year (4), | |
13 | or graduate postsecondary institution of higher learning with an associate’s, bachelor’s, graduate, | |
14 | or post-graduate degree and at which the applicant incurred education loan repayment expenses; | |
15 | (ii) That the applicant shall be a full-time employee with a Rhode Island-based employer | |
16 | located in this state throughout the eligibility period, whose employment is: | |
17 | (A) For work in one or more of the following covered fields: life, natural or environmental | |
18 | sciences; computer, information or software technology; advanced mathematics or finance; | |
19 | engineering; industrial design or other commercially related design field; or medicine or medical | |
20 | device technology; | |
21 | (B) As a teacher; or | |
22 | (C) As a healthcare applicant. | |
23 | (6) “Eligible expenses” or “education loan repayment expenses” means annual higher | |
24 | education loan repayment expenses, including, without limitation, principal, interest and fees, as | |
25 | may be applicable, incurred by an eligible graduate and which the eligible graduate is obligated to | |
26 | repay for attendance at a postsecondary institution of higher learning. | |
27 | (7) “Eligible graduate” means an individual who meets the eligibility requirements under | |
28 | this chapter. | |
29 | (8) “Full-time employee” means: | |
30 | (i) A a person who is employed by a business for consideration for a minimum of at least | |
31 | thirty-five (35) hours per week, or who renders any other standard of service generally accepted by | |
32 | custom or practice as full-time employment, or who is employed by a professional employer | |
33 | organization pursuant to an employee leasing agreement between the business and the professional | |
34 | employer organization for a minimum of thirty-five (35) hours per week, or who renders any other | |
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1 | standard of service generally accepted by custom or practice as full-time employment, and whose | |
2 | wages are subject to withholding; or | |
3 | (ii) A healthcare applicant, as defined pursuant to the provisions of this section, who works | |
4 | or professionally provides healthcare services for a minimum of thirty-five (35) hours per week as | |
5 | a sole proprietor, as a partner in a healthcare service partnership, or as a member in a single member | |
6 | limited liability company ("LLC") to include any healthcare applicant who has completed an | |
7 | application pursuant to the provisions of § 42-64.26-5 on or after July 1, 2022. | |
8 | (9) “Fund” refers to the “Stay Invested in RI Wavemaker Fellowship Fund” established | |
9 | pursuant to § 42-64.26-4(a). | |
10 | (10) “Healthcare applicant” means any applicant who meets the eligibility requirements | |
11 | and works as a full-time employee or in a capacity as defined in subsection 8(ii) of this section, as | |
12 | a high-demand healthcare practitioner or mental health professional, including, but not limited to, | |
13 | clinical social workers and mental health counselors licensed by the department of health, and as | |
14 | defined in regulations to be promulgated by the commerce corporation, in consultation with the | |
15 | executive office of health and human services, pursuant to chapter 35 of this title. | |
16 | (11) “Primary care” means healthcare services that cover a range of prevention, wellness, | |
17 | and treatment for common illnesses and injuries. Primary care includes patients making an initial | |
18 | approach to a healthcare professional for treatment as well as long-term relationships established | |
19 | between a patient and a healthcare professional and may include family medicine or medical care, | |
20 | general internal medicine or medical care, and general medical practice. | |
21 | (12) “Rhode Island-based employer” means: (i) An employer having a principal place of | |
22 | business or at least fifty-one percent (51%) of its employees located in this state; or (ii) An employer | |
23 | registered to conduct business in this state that reported Rhode Island tax liability in the previous | |
24 | tax year. | |
25 | (13) “Service period” means a twelve-month (12) period beginning on the date that an | |
26 | eligible graduate receives initial notice of award under this chapter. | |
27 | (14) “Student loan” means a loan to an individual by a public authority or private lender to | |
28 | assist the individual to pay for tuition, books, and living expenses in order to attend a postsecondary | |
29 | institution of higher learning. | |
30 | (15) “Taxpayer” means an applicant who receives a tax credit under this chapter. | |
31 | (16) “Teacher” shall have the meaning prescribed to it in rules and regulations to be | |
32 | promulgated by the commerce corporation in consultation with the Rhode Island department of | |
33 | elementary and secondary education. | |
34 | SECTION 12. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled "Stay | |
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1 | Invested in RI Wavemaker Fellowships" is hereby amended to read as follows: | |
2 | 42-64.26-12. Sunset. | |
3 | No incentives or credits shall be authorized pursuant to this chapter after December 31, | |
4 | 2025 2026. | |
5 | SECTION 13. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main | |
6 | Street Rhode Island Streetscape Improvement Fund" is hereby amended to read as follows: | |
7 | 42-64.27-6. Sunset. | |
8 | No incentives shall be authorized pursuant to this chapter after December 31, 2025 2026. | |
9 | SECTION 14. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled | |
10 | "Innovation Initiative" is hereby amended to read as follows: | |
11 | 42-64.28-10. Sunset. | |
12 | No vouchers, grants, or incentives shall be authorized pursuant to this chapter after | |
13 | December 31, 2025 2026. | |
14 | SECTION 15. Section 44-33.6-3 of the General Laws in Chapter 44-33.6 entitled "Historic | |
15 | Preservation Tax Credits 2013" is hereby amended to read as follows: | |
16 | 44-33.6-3. Tax credit. | |
17 | (a) Subject to the maximum credit provisions set forth in subsections (c) and (d) below, | |
18 | any person, firm, partnership, trust, estate, limited liability company, corporation (whether for | |
19 | profit or nonprofit) or other business entity that incurs qualified rehabilitation expenditures for the | |
20 | substantial rehabilitation of a certified historic structure, provided the rehabilitation meets standards | |
21 | consistent with the standards of the Secretary of the United States Department of the Interior for | |
22 | rehabilitation as certified by the commission and said person, firm, partnership, trust, estate, limited | |
23 | liability company, corporation or other business entity is not a social club as defined in § 44-33.6- | |
24 | 2, shall be entitled to a credit against the taxes imposed on such person or entity pursuant to chapter | |
25 | 11, 12, 13, 14, 17, or 30 of this title in an amount equal to the following: | |
26 | (1) Twenty percent (20%) of the qualified rehabilitation expenditures; or | |
27 | (2) Twenty-five percent (25%) of the qualified rehabilitation expenditures provided that | |
28 | either: | |
29 | (i) At least twenty-five percent (25%) of the total rentable area of the certified historic | |
30 | structure will be made available for a trade or business; or | |
31 | (ii) The entire rentable area located on the first floor of the certified historic structure will | |
32 | be made available for a trade or business. | |
33 | (b) Tax credits allowed pursuant to this chapter shall be allowed for the taxable year in | |
34 | which such certified historic structure or an identifiable portion of the structure is placed in service | |
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1 | provided that the substantial rehabilitation test is met for such year. | |
2 | (c) Maximum project credit. The credit allowed pursuant to this chapter shall not exceed | |
3 | five million dollars ($5,000,000) for any certified rehabilitation project under this chapter. No | |
4 | building to be completed in phases or in multiple projects shall exceed the maximum project credit | |
5 | of five million dollars ($5,000,000) for all phases or projects involved in the rehabilitation of such | |
6 | building. | |
7 | (d) Maximum aggregate credits. The aggregate credits authorized to be reserved pursuant | |
8 | to this chapter shall not exceed sums estimated to be available in the historic preservation tax credit | |
9 | trust fund pursuant to this chapter. | |
10 | (e) Subject to the exception provided in subsection (g) of this section, if the amount of the | |
11 | tax credit exceeds the taxpayer’s total tax liability for the year in which the substantially | |
12 | rehabilitated property is placed in service, the amount that exceeds the taxpayer’s tax liability may | |
13 | be carried forward for credit against the taxes imposed for the succeeding ten (10) years, or until | |
14 | the full credit is used, whichever occurs first for the tax credits. Credits allowed to a partnership, a | |
15 | limited liability company taxed as a partnership, or multiple owners of property shall be passed | |
16 | through to the persons designated as partners, members, or owners respectively pro rata or pursuant | |
17 | to an executed agreement among such persons designated as partners, members, or owners | |
18 | documenting an alternate distribution method without regard to their sharing of other tax or | |
19 | economic attributes of such entity. Credits may be allocated to partners, members, or owners that | |
20 | are exempt from taxation under section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S. | |
21 | Code and these partners, members, or owners must be treated as taxpayers for purposes of this | |
22 | section. | |
23 | (f) If the taxpayer has not claimed the tax credits in whole or part, taxpayers eligible for | |
24 | the tax credits may assign, transfer, or convey the credits, in whole or in part, by sale or otherwise | |
25 | to any individual or entity, including, but not limited to, condominium owners in the event the | |
26 | certified historic structure is converted into condominiums and assignees of the credits that have | |
27 | not claimed the tax credits in whole or part may assign, transfer, or convey the credits, in whole or | |
28 | in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use | |
29 | acquired credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed | |
30 | pursuant to chapter 11, 12, 13 (other than the tax imposed under § 44-13-13), 14, 17, or 30 of this | |
31 | title. The assignee may apply the tax credit against taxes imposed on the assignee until the end of | |
32 | the tenth calendar year after the year in which the substantially rehabilitated property is placed in | |
33 | service or until the full credit assigned is used, whichever occurs first. Fiscal year assignees may | |
34 | claim the credit until the expiration of the fiscal year that ends within the tenth year after the year | |
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1 | in which the substantially rehabilitated property is placed in service. The assignor shall perfect the | |
2 | transfer by notifying the state of Rhode Island division of taxation, in writing, within thirty (30) | |
3 | calendar days following the effective date of the transfer and shall provide any information as may | |
4 | be required by the division of taxation to administer and carry out the provisions of this section. | |
5 | For purposes of this chapter, any assignment or sales proceeds received by the taxpayer for | |
6 | its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from this | |
7 | title. If a tax credit is subsequently recaptured under this chapter, revoked, or adjusted, the seller’s | |
8 | tax calculation for the year of revocation, recapture, or adjustment shall be increased by the total | |
9 | amount of the sales proceeds, without proration, as a modification under chapter 30 of this title. In | |
10 | the event that the seller is not a natural person, the seller’s tax calculation under chapter 11, 12, 13 | |
11 | (other than with respect to the tax imposed under § 44-13-13), 14, 17, or 30 of this title, as | |
12 | applicable, for the year of revocation, recapture, or adjustment, shall be increased by including the | |
13 | total amount of the sales proceeds without proration. | |
14 | (g) Credits allowed to partners, members, or owners that are exempt from taxation under | |
15 | section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S. Code, and only said credits, shall | |
16 | be fully refundable. | |
17 | (h) Substantial rehabilitation of property that either: | |
18 | (1) Is exempt from real property tax; | |
19 | (2) Is a social club; or | |
20 | (3) Consists of a single-family home or a property that contains less than three (3) | |
21 | residential apartments or condominiums shall be ineligible for the tax credits authorized under this | |
22 | chapter; provided, however, a scattered site development with five (5) or more residential units in | |
23 | the aggregate (which may include single-family homes) shall be eligible for tax credit. In the event | |
24 | a certified historic structure undergoes a substantial rehabilitation pursuant to this chapter and | |
25 | within twenty-four (24) months after issuance of a certificate of completed work the property | |
26 | becomes exempt from real property tax, the taxpayer’s tax for the year shall be increased by the | |
27 | total amount of credit actually used against the tax. | |
28 | (i) In the case of a corporation, this credit is only allowed against the tax of a corporation | |
29 | included in a consolidated return that qualifies for the credit and not against the tax of other | |
30 | corporations that may join in the filing of a consolidated tax return. | |
31 | (j) For construction projects awarded a tax credit agreement on or after July 1, 2025, and | |
32 | involving a budget of direct hard construction costs (as defined in § 44-33.6-2) in excess of ten | |
33 | million dollars ($10,000,000) twenty-five million dollars ($25,000,000), all construction workers | |
34 | shall be paid in accordance with the wages and benefits required pursuant to chapter 13 of title 37 | |
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1 | and all contractors and subcontractors shall file certified payrolls on a monthly basis for all work | |
2 | completed in the preceding month on a uniform form prescribed by the director of labor and | |
3 | training. Failure to follow the requirements pursuant to chapter 13 of title 37 shall constitute a | |
4 | material violation and a material breach of the agreement with the state. The tax administrator, in | |
5 | consultation with the director of labor and training, shall promulgate such rules and regulations as | |
6 | are necessary to implement the enforcement of this subsection. | |
7 | (k) No tax credits shall be awarded under this chapter unless the division of taxation | |
8 | receives confirmation from the department of labor and training that there has been compliance | |
9 | with the prevailing wage requirements set forth in subsection (j) of this section. | |
10 | SECTION 16. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode | |
11 | Island New Qualified Jobs Incentive Act 2015" is hereby amended to read as follows: | |
12 | 44-48.3-14. Sunset. | |
13 | No credits shall be authorized to be reserved pursuant to this chapter after December 31, | |
14 | 2025 2026. | |
15 | SECTION 17. All sections of this article shall take effect upon passage, except Section 1 | |
16 | and Section 2, which shall take effect on January 1, 2026. | |
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