=======

art.002/2/002/1

=======

1

     ARTICLE 2

2

RELATING TO STATE FUNDS

3

     SECTION 1. Section 23-82-6 of the General Laws in Chapter 23-82 entitled

4

"Implementation of the Regional Greenhouse Gas Initiative Act" is hereby amended to read as

5

follows:

6

     23-82-6. Use of auction or sale proceeds.

7

     (a) The proceeds from the auction or sale of the allowances shall be used for the benefit of

8

energy consumers through investment in the most cost-effective available projects that can reduce

9

long-term consumer energy demands and costs. Such proceeds may be used only for the following

10

purposes, in a proportion to be determined annually by the office in consultation with the council

11

and the board:

12

     (1) Promotion of cost-effective energy efficiency and conservation in order to achieve the

13

purposes of § 39-1-27.7;

14

     (2) Promotion of cost-effective renewable non-carbon emitting energy technologies in

15

Rhode Island as defined in § 39-26-5 and to achieve the purposes of chapter 26 of title 39 entitled

16

“Renewable Energy Standard”;

17

     (3) Cost-effective direct rate relief for consumers;

18

     (4) Direct rate relief for low-income consumers;

19

     (5) Reasonable compensation to an entity selected to administer the auction or sale;

20

     (6) Reasonable costs of the department of environmental management and office of energy

21

resources in administering this program, as well as other climate change, energy efficiency, and

22

renewable program efforts of the department of environmental management and office of energy

23

resources, which shall not in any year exceed three hundred thousand dollars ($300,000) or ten

24

percent (10%) of the proceeds from sale or auction of the allowances, whichever is greater.

25

Administrative funds not expended in any fiscal year shall remain in the administrative account to

26

be used as needed in subsequent years. The office of energy resources shall have the ability to apply

27

administrative funds not used in a fiscal year to achieve the purpose of this section. The funds

28

deposited into the administrative funds account shall be exempt from the indirect cost recovery

29

provisions of § 35-4-27;

30

     (7) For fiscal year 2023 only, the office of energy resources shall transfer three million

 

1

dollars ($3,000,000) from unallocated auction proceeds to the executive climate change

2

coordinating council restricted receipt account to maintain funding for the existing electric vehicle

3

and electric bicycle incentive programs and to support other projects; and

4

     (8) Provided however, effective for fiscal year 2024 and thereafter, sale of allowances

5

yielding in excess of four million five hundred thousand dollars ($4,500,000) per auction shall be

6

transferred to the Rhode Island office of energy resources, on behalf of the executive climate change

7

coordinating council, for climate change related initiatives. The executive climate change

8

coordinating council shall have exclusive authority to direct the use of these funds pursuant to §

9

42-6.2-3.1. The office of energy resources may act on behalf of the executive climate change

10

coordinating council to disburse these funds. Provided further, that any transfer of allowances in a

11

single fiscal year, pursuant to this section shall not exceed one million five hundred thousand

12

dollars ($1,500,000).

13

     (b) Any interest earned on the funds so generated must be credited to the fund. Funds not

14

spent in any fiscal year shall remain in the fund to be used for future energy efficiency and carbon

15

reduction programs.

16

     (c) Annually, the office, in consultation with the council and board, shall prepare a draft

17

proposal on how the proceeds from the allowances shall be allocated. The draft proposal shall be

18

designed to augment and coordinate with existing energy efficiency and renewable energy

19

programs, and shall not propose use of auction proceeds for projects already funded under other

20

programs. The proposal for allocation of proceeds in subsections (a)(1), (2), and (3) shall be one

21

that best achieves the purposes of the law, namely, lowering carbon emissions and minimizing costs

22

to consumers over the long term. The office shall hold a public hearing and accept public comment

23

on the draft proposal in accordance with chapter 35 of title 42 (the “Administrative Procedures

24

Act”). Once the proposal is final, the office shall authorize the disbursement of funds in accordance

25

with the final plan.

26

     Effective for fiscal year 2027 and thereafter, as part of the allocation process, the office is

27

hereby authorized and directed to consult annually and coordinate with the Rhode Island public

28

transit authority in determining the total funding required to match federal funds to purchase zero-

29

emission buses with zero tailpipe emissions. Of the agreed-upon amount, fifty percent (50%) shall

30

be allocated from the auction proceeds, and the remaining fifty percent (50%) shall be from

31

authority sources.

32

     (d) The office shall prepare, in consultation with the council and board, a report by April

33

15 of each year describing the implementation and operation of RGGI, the revenues collected and

34

the expenditures, including funds that were allocated to the energy efficiency and renewable energy

 

Art2
RELATING TO STATE FUNDS
(Page 2 of 7)

1

programs, and the individuals, businesses, and vendors that received funding, made under this

2

section, the statewide energy efficiency and carbon reduction programs, and any recommendations

3

for changes to law relating to the state’s energy conservation or carbon reduction efforts. The report

4

shall be made public and be posted electronically on the website of the office of energy resources

5

and shall also be submitted to the general assembly.

6

     SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"

7

is hereby amended to read as follows:

8

     35-4-27. Indirect cost recoveries on restricted receipt accounts.

9

     Indirect cost recoveries of fifteen percent (15%) of cash receipts shall be transferred from

10

all restricted receipt accounts, to be recorded as general revenues in the general fund. However,

11

there shall be no transfer from cash receipts with restrictions received exclusively: (1) From

12

contributions from nonprofit charitable organizations; (2) From the assessment of indirect cost-

13

recovery rates on federal grant funds; or (3) Through transfers from state agencies to the department

14

of administration for the payment of debt service. These indirect cost recoveries shall be applied to

15

all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The

16

following restricted receipt accounts shall not be subject to the provisions of this section:

17

     Executive Office of Health and Human Services

18

     HIV Care Grant Drug Rebates

19

     Health System Transformation Project

20

     Rhode Island Statewide Opioid Abatement Account

21

     HCBS Support-ARPA

22

     HCBS Admin Support-ARPA

23

     Department of Human Services

24

     Organ Transplant Fund

25

     Veterans’ home — Restricted account

26

     Veterans’ home — Resident benefits

27

     Pharmaceutical Rebates Account

28

     Demand Side Management Grants

29

     Veteran’s Cemetery Memorial Fund

30

     Donations — New Veterans’ Home Construction

31

     Commodity Supplemental Food Program-Claims

32

     Department of Health

33

     Pandemic medications and equipment account

34

     Miscellaneous Donations/Grants from Non-Profits

 

Art2
RELATING TO STATE FUNDS
(Page 3 of 7)

1

     State Loan Repayment Match

2

     Healthcare Information Technology

3

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

4

     Eleanor Slater non-Medicaid third-party payor account

5

     Hospital Medicare Part D Receipts

6

     RICLAS Group Home Operations

7

     Group Home Facility Improvement Fund

8

     Commission on the Deaf and Hard of Hearing

9

     Emergency and public communication access account

10

     Department of Environmental Management

11

     National heritage revolving fund

12

     Environmental response fund II

13

     Underground storage tanks registration fees

14

     De Coppet Estate Fund

15

     Rhode Island Historical Preservation and Heritage Commission

16

     Historic preservation revolving loan fund

17

     Historic Preservation loan fund — Interest revenue

18

     Department of Public Safety

19

     E-911 Uniform Emergency Telephone System

20

     Forfeited property — Retained

21

     Forfeitures — Federal

22

     Forfeited property — Gambling

23

     Donation — Polygraph and Law Enforcement Training

24

     Rhode Island State Firefighter’s League Training Account

25

     Fire Academy Training Fees Account

26

     Attorney General

27

     Forfeiture of property

28

     Federal forfeitures

29

     Attorney General multi-state account

30

     Forfeited property — Gambling

31

     Department of Administration

32

     Health Insurance Market Integrity Fund

33

     RI Health Benefits Exchange

34

     Information Technology restricted receipt account

 

Art2
RELATING TO STATE FUNDS
(Page 4 of 7)

1

     Restore and replacement — Insurance coverage

2

     Convention Center Authority rental payments

3

     Investment Receipts — TANS

4

     OPEB System Restricted Receipt Account

5

     Grants Management Administration

6

     Office of Energy Resources

7

     OER Reconciliation Funding

8

     RGGI Executive Climate Change Coordinating Council Projects

9

     Electric Vehicle Charging Stations Operating and Maintenance Account

10

     Clean Transportation Programs

11

     Department of Housing

12

     Housing Resources and Homelessness Restricted Receipt Account

13

     Housing Production Fund

14

     Low-Income Housing Tax Credit Fund

15

     Department of Revenue

16

     Car Rental Tax/Surcharge-Warwick Share

17

     DMV Modernization Project

18

     Jobs Tax Credit Redemption Fund

19

     Legislature

20

     Audit of federal assisted programs

21

     Department of Children, Youth and Families

22

     Children’s Trust Accounts — SSI

23

     Military Staff

24

     RI Military Family Relief Fund

25

     RI National Guard Counterdrug Program

26

     Treasury

27

     Admin. Expenses — State Retirement System

28

     Retirement — Treasury Investment Options

29

     Defined Contribution — Administration - RR

30

     Violent Crimes Compensation — Refunds

31

     Treasury Research Fellowship

32

     Business Regulation

33

     Banking Division Reimbursement Account

34

     Office of the Health Insurance Commissioner Reimbursement Account

 

Art2
RELATING TO STATE FUNDS
(Page 5 of 7)

1

     Securities Division Reimbursement Account

2

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

3

     Insurance Division Reimbursement Account

4

     Historic Preservation Tax Credit Account

5

     Rhode Island Cannabis Control Commission

6

     Marijuana Trust Fund

7

     Social Equity Assistance Fund

8

     Judiciary

9

     Arbitration Fund Restricted Receipt Account

10

     Third-Party Grants

11

     RI Judiciary Technology Surcharge Account

12

     Department of Elementary and Secondary Education

13

     Statewide Student Transportation Services Account

14

     School for the Deaf Fee-for-Service Account

15

     School for the Deaf — School Breakfast and Lunch Program

16

     Davies Career and Technical School Local Education Aid Account

17

     Davies — National School Breakfast & Lunch Program

18

     School Construction Services

19

     Office of the Postsecondary Commissioner

20

     Tuition Savings Program Fund

21

     Higher Education and Industry Center

22

     IGT STEM Scholarships

23

     Department of Labor and Training

24

     Job Development Fund

25

     Contractor Training Restricted Receipt Account

26

     Workers’ Compensation Administrative Account

27

     Rhode Island Uninsured Protection Fund

28

     Rhode Island Council on the Arts

29

     Governors’ Portrait Donation Fund

30

     Statewide records management system account

31

     SECTION 3. Section 39-18.1-5 of the General Laws in Chapter 39-18.1 entitled

32

"Transportation Investment and Debt Reduction Act of 2011" is hereby amended to read as follows:

33

     39-18.1-5. Allocation of funds.

34

     (a) The monies in the highway maintenance fund to be directed to the department of

 

Art2
RELATING TO STATE FUNDS
(Page 6 of 7)

1

transportation pursuant to § 39-18.1-4(b)(1) — (b)(3) shall be allocated through the transportation

2

improvement program process to provide the state match for federal transportation funds, in place

3

of borrowing, as approved by the state planning council. The expenditure of moneys in the highway

4

maintenance fund shall only be authorized for projects that appear in the state’s transportation

5

improvement program.

6

     (b) Provided, however, that beginning with fiscal year 2015 and annually thereafter, the

7

department of transportation will allocate necessary funding to programs that are designed to

8

eliminate structural deficiencies of the state’s bridge, road, and maintenance systems and

9

infrastructure.

10

     (c) Provided, that beginning July 1, 2015, through June 30, 2025, five percent (5%) of

11

available proceeds in the Rhode Island highway maintenance account shall be allocated annually

12

to the Rhode Island public transit authority for operating expenditures.

13

     (d) Provided, that beginning July 1, 2025, through June 30, 2026, ten percent (10%) of

14

available proceeds in the Rhode Island highway maintenance account shall be allocated annually

15

to the Rhode Island public transit authority for operating expenditures.

16

     (e) Provided, further, that from July 1, 2017, and annually thereafter through June 30, 2026,

17

in addition to the amount above, the Rhode Island public transit authority shall receive an amount

18

of not less than five million dollars ($5,000,000) each fiscal year, except for the period July 1, 2019,

19

through June 30, 2022, during which such amount or a portion thereof may come from federal

20

coronavirus relief funds.

21

     (f) Provided, further that beginning July 1, 2026, and annually thereafter, twenty-five

22

percent (25%) of available proceeds in the Rhode Island highway maintenance account shall be

23

allocated annually to the Rhode Island public transit authority for operating expenditures.

24

     SECTION 4. This article shall take effect upon passage, except Section 2 which shall take

25

effect retroactively as of July 1, 2025.

 

Art2
RELATING TO STATE FUNDS
(Page 7 of 7)