2026 -- H 7127 SUBSTITUTE A

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S T A T E O F R H O D E I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026



A N A C T

MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2027


Introduced By: Representative Marvin L. Abney

Date Introduced: January 15, 2026

Referred To: House Finance

(Governor)


It is enacted by the General Assembly as follows:


1

ARTICLE 1

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2027

2

ARTICLE 2

RELATING TO STATE FUNDS

3

ARTICLE 3

RELATING TO GOVERNMENT REFORM AND REORGANIZATION

4

ARTICLE 4

RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

5

ARTICLE 5

RELATING TO CAPITAL DEVELOPMENT PROGRAM

6

ARTICLE 6

RELATING TO TAXES AND FEES

7

ARTICLE 7

RELATING TO EDUCATION

8

ARTICLE 8

RELATING TO MEDICAL ASSISTANCE

9

ARTICLE 9

RELATING TO LEASES

10

ARTICLE 10

RELATING TO HEALTH AND HUMAN SERVICES

11

ARTICLE 11

RELATING TO ENERGY

12

ARTICLE 12

RELATING TO HEALTH CARE

13

ARTICLE 13

RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT

14


OF FY 2026

15

ARTICLE 14

RELATING TO EFFECTIVE DATE


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  1. ARTICLE 1

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    art.001/5/001/4/001/3/001/2/001/1

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  2. RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2027


  3. SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in


  4. this act, the following general revenue amounts are hereby appropriated out of any money in the


  5. treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2027.


  6. The amounts identified for federal funds and restricted receipts shall be made available pursuant to


  7. § 35-4-22 and chapter 41 of title 42. For the purposes and functions hereinafter mentioned, the state

  8. controller is hereby authorized and directed to draw the state controller’s orders upon the general


  9. treasurer for the payment of such sums or such portions thereof as may be required from time to


  10. time upon receipt by the state controller of properly authenticated vouchers.


  11. Administration


  12. Central Management

  13. General Revenues 4,006,929


  14. Restricted Receipts 853,701


  15. Total - Central Management 4,860,630


  16. Legal Services


  17. General Revenues 2,998,750


  18. Accounts and Control

  19. General Revenues 650,061


  20. Restricted Receipts


  21. OPEB Board Administration 100,000


  22. Grants Management Administration 1,726,550


  23. Total - Accounts and Control 2,476,611

  24. Office of Management and Budget


  25. General Revenues 11,156,879


  26. Federal Funds


  27. Federal Funds 151,778


  28. Federal Funds – Capital Projects Fund

  29. CPF Administration 669,389


  30. Federal Funds – State Fiscal Recovery Fund


1 Pandemic Recovery Office

682,668

2 Restricted Receipts

300,000

3 Other Funds

1,191,363

4 Total - Office of Management and Budget

14,152,077

5 Purchasing


6 General Revenues

1,911,346

7 Restricted Receipts

3,680,152

8 Other Funds

670,572

9 Total - Purchasing

6,262,070

10 Human Resources


11 General Revenues

701,698

12 Personnel Appeal Board


13 General Revenues

152,228

14 Information Technology


15 General Revenues

998,042

16 Restricted Receipts

1,124,485

17 Total - Information Technology

2,122,527

18 Library and Information Services


19 General Revenues

2,214,102

20 Federal Funds

1,639,564

21 Restricted Receipts

6,990

22 Total - Library and Information Services

3,860,656

23 Planning


24 General Revenues

1,126,048

25 Restricted Receipts

50,000

26 Other Funds


27 Air Quality Modeling

24,000

28 Federal Highway - PL Systems Planning

3,851,173

29 State Transportation Planning Match

670,918

30 FTA - Metro Planning Grant

1,571,094

31 Total - Planning

7,293,233

32 General


33 General Revenues


34 Miscellaneous Grants/Payments

3,980,821


1 Torts Court Awards

1,850,000

2 Wrongful Conviction Awards

900,000

3 Resource Sharing and State Library Aid

12,545,904

4 Library Construction Aid

2,097,515

5 Restricted Receipts

700,000

6 Other Funds


7 Rhode Island Capital Plan Funds


8 Security Measures State Buildings

950,000

9 Cranston Street Armory

100,000

10 State House Renovations

17,379,000

11 Zambarano Buildings and Campus

2,300,000

12 Replacement of Fueling Tanks

620,000

13 Environmental Compliance

225,000

14 Big River Management Area - Watershed

153,000

15 Shepard Building Upgrades

3,920,000

16 RI Convention Center Authority

2,825,000

17 Pastore Center Power Plant

3,500,000

18 DoIT Enterprise Operations Center

6,700,000

19 Cannon Building

3,925,000

20 Old State House

600,000

21 State Office Building

975,000

22 State Office Reorganization & Relocation

250,000

23 William Powers Building

2,600,000

24 Pastore Center Non-Hospital Buildings Asset Protection

6,250,000

25 Washington County Government Center

200,000

26 Chapin Health Laboratory

300,000

27 560 Jefferson Blvd Asset Protection

50,000

28 Arrigan Center

100,000

29 Civic Center

1,250,000

30 Veterans Auditorium

275,000

31 Pastore Center Hospital Buildings Asset Protection

1,750,000

32 Pastore Campus Infrastructure

20,000,000

33 Community Facilities Asset Protection

2,025,043

34 Medical Examiners Office

1,050,000


1 Group Home Replacement & Rehabilitation

5,000,000

2 Zambarano LTAC Hospital

2,000,000

3 Total - General

109,346,283

4 Debt Service Payments


5 General Revenues

174,878,354

6 Other Funds


7 Transportation Debt Service

27,630,704

8 Investment Receipts - Bond Funds

100,000

9 Total - Debt Service Payments

202,609,058

10 Rhode Island Health Benefits Exchange


11 General Revenues


12 General Revenues

1,389,227

13 Individual Market Affordability

18,994,393

14 Federal Funds

12,244,211

15 Restricted Receipts

18,863,602

16 Total - Rhode Island Health Benefits Exchange

51,491,433

17 Division of Equity, Diversity & Inclusion


18 General Revenues

2,198,317

19 Other Funds

116,324

20 Total - Division of Equity, Diversity & Inclusion

2,314,641

21 Capital Asset Management and Maintenance


22 General Revenues

12,140,265

23 Statewide Personnel and Operations


  1. General Revenues


  2. General Officer Transition Costs


464,000

26 Grand Total - Administration

423,246,160

27 Office of Energy Resources


28 Federal Funds

32,548,662

29 Restricted Receipts

38,536,799

30 Other Funds


31 National Electric Vehicle Infrastructure Formula Program

14,570,364

32 Rhode Island Capital Plan Funds


33 Energy Efficiency Improvements

1,000,000

34 Grand Total - Office of Energy Resources

86,655,825


1 Business Regulation


2 Central Management


3 General Revenues

4,138,236

4 Restricted Receipts

39,014

5 Total - Central Management

4,177,250

6 Banking Regulation


7 General Revenues

2,038,094

8 Restricted Receipts

100,000

9 Total - Banking Regulation

2,138,094

10 Securities Regulation


11 General Revenues

1,031,168

12 Insurance Regulation


13 General Revenues

5,406,581

14 Restricted Receipts

2,417,538

15 Total - Insurance Regulation

7,824,119

16 Office of the Health Insurance Commissioner


17 General Revenues

3,179,163

18 Federal Funds


19 Federal Funds

547,446

20 Rural Health Transformation Program

21,373,640

21 Restricted Receipts

612,142

22 Total - Office of the Health Insurance Commissioner

25,712,391

23 Board of Accountancy


24 General Revenues

5,490

25 Commercial Licensing and Gaming and Athletics Licensing


26 General Revenues

1,301,739

27 Restricted Receipts

1,277,843

28 Total - Commercial Licensing and Gaming and Athletics Licensing

2,579,582

29 Building, Design and Fire Professionals


30 General Revenues

9,490,874

31 Federal Funds

344,288

32 Restricted Receipts

2,763,579

33 Other Funds


34 Quonset Development Corporation

68,580


1 Rhode Island Capital Plan Funds


2 Fire Academy Expansion

962,000

3 Total - Building, Design and Fire Professionals

13,629,321

4 Grand Total - Business Regulation

57,097,415

5 RI Cannabis Control Commission


6 Restricted Receipts

7,619,341

7 Executive Office of Commerce


8 Central Management


9 General Revenues

1,917,540

10 Quasi-Public Appropriations


11 General Revenues


12 Rhode Island Commerce Corporation

8,506,041

13 Airport Impact Aid

1,010,036


  1. Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be

  2. distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the


  3. total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)


  4. of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2026


  5. at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,


  6. T.F. Green International Airport and Westerly Airport, respectively. The Rhode Island commerce

  7. corporation shall make an impact payment to the towns or cities in which the airport is located


  8. based on this calculation. Each community upon which any part of the above airports is located


  9. shall receive at least $25,000.


23 STAC Research Alliance

900,000

24 I-195 Redevelopment District Commission

1,245,050

25 Polaris Manufacturing Grant

500,000

26 East Providence Waterfront Commission

50,000

27 Urban Ventures

140,000

28 Chafee Center at Bryant

476,200

29 Blackstone Valley Visitor Center

75,000

30 Industrial Recreational Building Authority Obligations

105,094

31 Other Funds


32 Rhode Island Capital Plan Funds


33 I-195 Redevelopment District Commission

1,000,000

34 I-195 Park Improvements

500,000


1 Quonset Infrastructure

2,500,000

2 Total - Quasi-Public Appropriations

17,007,421

3 Economic Development Initiatives Fund


4 General Revenues


5 Rebuild RI Tax Credit Fund

6,100,000

6 Destination Marketing

1,500,000

7 Innovation Initiative

1,000,000

8 Federal Funds

21,292,601

9 Total - Economic Development Initiatives Fund

29,892,601

10 Commerce Programs


11 General Revenues


12 Wavemaker Fellowship

1,016,621

13 Air Service Development Fund

2,728,800

14 Main Street RI Streetscape Improvement Fund

1,000,000

15 Provided that $150,000 shall support the Main Street Rhode Island program.


16 Total - Commerce Programs

4,745,421

17 Grand Total - Executive Office of Commerce

53,562,983

18 Housing


19 General Revenues

7,333,617

20 Provided that $200,000 shall support Sojourner House’s supportive housing and rapid


21 rehousing activities.


22 Federal Funds

19,300,731

23 Restricted Receipts

24,348,954

24 Other Funds


25 Rhode Island Capital Plan Funds


26 Housing Asset Protection

1,700,000

27 Grand Total - Housing

52,683,302

28 Labor and Training


29 Central Management


30 General Revenues

1,457,908

31 Restricted Receipts

423,851

32 Total - Central Management

1,881,759


  1. Workforce Development Services


  2. General Revenues 884,194


1 Federal Funds

17,651,272

2 Total - Workforce Development Services

18,535,466

3 Workforce Regulation and Safety


4 General Revenues

5,558,728

5 Income Support


6 General Revenues

3,733,778

7 Federal Funds

24,274,004

8 Restricted Receipts

5,047,984

9 Other Funds


10 Temporary Disability Insurance Fund

299,751,826

11 Employment Security Fund

296,100,000

12 Total - Income Support

628,907,592

13 Injured Workers Services


14 Restricted Receipts

12,566,297

15 Labor Relations Board


16 General Revenues

647,572

17 Governor’s Workforce Board


18 General Revenues

6,050,000


  1. Provided that $600,000 of these funds shall be used for enhanced training for direct care

  2. and support services staff to improve resident quality of care and address the changing health care


  3. needs of nursing facility residents due to higher acuity and increased cognitive impairments


  4. pursuant to § 23-17.5-36.


  5. Federal Funds


  6. Rural Health Transformation Program 7,033,505


  7. Restricted Receipts 18,984,326

  8. Provided that at least $150,000 of these funds shall be used to provide hospitality industry


  9. workforce training grants including, but not limited to, certified food and alcohol safety training


  10. programs offered in multiple languages.


29 Total - Governor’s Workforce Board

32,067,831

30 Grand Total - Labor and Training

700,165,245

31 Department of Revenue


32 Director of Revenue


33 General Revenues

2,929,554

34 Office of Revenue Analysis



1 General Revenues

1,203,684

2 Lottery Division


3 Other Funds

433,759,131

4 Municipal Finance


5 General Revenues

2,068,751

6 Taxation


7 General Revenues

39,387,176

8 Restricted Receipts

3,293,102

9 Other Funds


10 Motor Fuel Tax Evasion

175,000

11 Total - Taxation

42,855,278

12 Registry of Motor Vehicles


13 General Revenues

36,068,291

14 Federal Funds

300,000

15 Restricted Receipts

5,629,330

16 Total - Registry of Motor Vehicles

41,997,621

17 State Aid


18 General Revenues


19 Distressed Communities Relief Fund

15,825,029

20 Payment in Lieu of Tax Exempt Properties

49,049,142

21 Motor Vehicle Excise Tax Payments

244,341,241

22 Property Revaluation Program

826,038

23 Tangible Tax Exemption Program

25,908,469

24 Restricted Receipts

1,125,000

25 Total - State Aid

337,074,919

26 Collections


27 General Revenues

1,134,318

28 Grand Total - Revenue

863,023,256

29 Legislature


30 General Revenues

59,980,709

31 Restricted Receipts

2,785,548

32 Grand Total - Legislature

62,766,257

33 Lieutenant Governor


34 General Revenues

1,574,369

  1. Secretary of State


  2. Administration


  3. General Revenues 6,097,668

  4. Provided that $100,000 be allocated to support the Rhode Island Council for the


  5. Humanities for grant making to civic and cultural organizations, and $50,000 to support Rhode


  6. Island’s participation in the We the People Civics Challenge.


  7. Corporations


  8. General Revenues 2,794,958


  9. State Archives

  10. General Revenues 475,184


  11. Restricted Receipts 393,474


  12. Total - State Archives 868,658


  13. Elections and Civics


  14. General Revenues 3,238,148

  15. Federal Funds 2,000,000


  16. Total - Elections and Civics 5,238,148


  17. State Library


  18. General Revenues 680,710


  19. Provided that $125,000 be allocated to support the Rhode Island Historical Society and

  20. $18,000 be allocated to support the Newport Historical Society, pursuant to §§ 29-2-1 and 29-2-2,


  21. and $25,000 be allocated to support the Rhode Island Black Heritage Society.


  22. Office of Public Information


  23. General Revenues 674,705


  24. Receipted Receipts 25,000


  25. Total - Office of Public Information 699,705

  26. Grand Total - Secretary of State 16,379,847


  27. General Treasurer


  28. Treasury


  29. General Revenues 3,465,294


  30. Federal Funds 365,991

  31. Other Funds


  32. Temporary Disability Insurance Fund 252,905


  33. Tuition Savings Program - Administration 377,716


  34. Total - Treasury 4,461,906


    1 State Retirement System


    2 Restricted Receipts

    3 Admin Expenses - State Retirement System

    13,397,239

    4 Retirement - Treasury Investment Operations

    3,108,665

    5 Defined Contribution - Administration

    263,124

    6 Total - State Retirement System

    16,769,028

    7 Unclaimed Property


    8 Restricted Receipts

    3,437,867

    9 Crime Victim Compensation


    10 General Revenues

    952,526

    11 Federal Funds

    467,993

    12 Restricted Receipts

    228,827

    13 Total - Crime Victim Compensation

    1,649,346

    14 Grand Total - General Treasurer

    26,318,147

    15 Board of Elections


    16 General Revenues

    9,147,157

    17 Rhode Island Ethics Commission


    18 General Revenues

    2,556,898

    19 Office of Governor


    20 General Revenues


    21 General Revenues

    9,480,312

    22 Contingency Fund

    150,000

    23 Grand Total - Office of Governor

    9,630,312

    24 Commission for Human Rights


    25 General Revenues

    2,358,433

    26 Federal Funds

    443,446

    27 Grand Total - Commission for Human Rights

    2,801,879

    28 Public Utilities Commission


    29 Federal Funds

    759,025

    30 Restricted Receipts

    15,258,327

    31 Grand Total - Public Utilities Commission

    16,017,352

    32 Office of Inspector General


    33 General Revenues

    1,300,000

    34 Executive Office of Health and Human Services


    1. Central Management


    2. General Revenues


    3. General Revenues 39,226,230

    4. Provided that of this amount, $900,000 will be for mobile response and stabilization


    5. services for uninsured and underinsured child and youth and cover services and costs not otherwise


    6. reimbursed; and $1,600,000 is for the Newport Birthing Center.


7 All-Payer Claims Database

816,215

8 Health System Planning and Oversight

818,170

9 Medicaid Enterprise System

7,378,282

10 Medicaid Management Information System

7,815,983

11 Unified Health Infrastructure Project

38,651,742

12 Federal Funds


13 Federal Funds

77,644,743

14 All-Payer Claims Database

7,799,870

15 Health System Planning and Oversight

900,000

16 Medicaid Enterprise System

66,404,541

17 Medicaid Management Information System

28,514,366

18 Rural Health Transformation Program

68,846,651

19 Unified Health Infrastructure Project

73,628,976

20 Restricted Receipts


21 Restricted Receipts

7,173,162

22 Unified Health Infrastructure Project

150,000

23 Total - Central Management

425,768,931

24 Medical Assistance


25 General Revenues


26 Managed Care

477,869,128

27 Hospitals

147,687,861

28 Nursing Facilities

204,470,267

29 Home and Community Based Services

144,331,557

30 Other Services

134,942,412

31 Pharmacy

96,744,239

32 Rhody Health

278,954,745

33 Federal Funds


34 Managed Care

695,945,166


1 Hospitals

304,928,738

2 Nursing Facilities

279,255,418

3 Home and Community Based Services

195,784,539

4 Other Services

766,672,938

5 Pharmacy

355,761

6 Rhody Health

398,191,232

7 Other Programs

45,400,000

8 Restricted Receipts

10,939,274

9 Total - Medical Assistance

4,182,473,275

10 Grand Total – Executive Office of Health and Human Services

4,608,242,206

11 Children, Youth and Families


12 Central Management


13 General Revenues

22,380,243


  1. Provided that $2.0 million of this amount shall be used solely for infrastructure and

  2. capacity building activities necessary to comply with Medicaid transformation requirements. The


  3. department shall establish a methodology to award funds based on demonstrated need and


  4. documented costs, and shall utilize federal match for these expenses to the greatest extent possible.


  5. Any unexpended or unencumbered balances as of June 30, 2027, are hereby reappropriated to the


19 following fiscal year.


20 Federal Funds

12,182,602

21 Total - Central Management

34,562,845

22 Children's Behavioral Health Services


23 General Revenues

9,152,509

24 Federal Funds

8,693,793

25 Total - Children's Behavioral Health Services

17,846,302

26 Youth Development Services


27 General Revenues

27,165,270

28 Federal Funds

308,087

29 Other Funds


30 Rhode Island Capital Plan Funds


31 Training School Asset Protection

250,000

32 Psychiatric Residential Treatment Facility Modifications

21,725,187

33 Total - Youth Development Services

49,448,544

34 Child Welfare


  1. General Revenues 217,664,953


  2. Federal Funds 90,225,437


  3. Restricted Receipts 61,261

  4. Total - Child Welfare 307,951,651


  5. Higher Education Incentive Grants


  6. General Revenues 200,000


  7. Provided that these funds and any unexpended or unencumbered previous years’ funding


  8. are to be used exclusively to fund awards to eligible youth.


  9. Grand Total - Children, Youth and Families 410,009,342

  10. Health


  11. Central Management


  12. General Revenues


  13. General Revenues 2,175,312


  14. Of this amount, $50,000 is to support the Gloria Gemma Breast Cancer Resource

  15. Foundation and the organization’s new survivorship and well-being center in Lincoln, RI.


  16. Psychiatry Resource Network 1,200,278


  17. Federal Funds 4,545,892


  18. Restricted Receipts 21,700,832


  19. Total - Central Management 29,622,314

  20. Community Health and Equity


  21. General Revenues 2,452,952


  22. Federal Funds 89,157,519


  23. Restricted Receipts 63,187,377


  24. Total - Community Health and Equity 154,797,848


  25. Environmental Health

  26. General Revenues 7,058,661


  27. Federal Funds 14,034,394


  28. Restricted Receipts 1,011,757


  29. Total - Environmental Health 22,104,812


  30. Health Laboratories

  31. General Revenues 10,704,871


  32. Federal Funds 2,627,831


  33. Other Funds


  34. Rhode Island Capital Plan Funds


1 Health Laboratories & Medical Examiner Equipment

400,000

2 Total - Health Laboratories

13,732,702

3 State Medical Examiners


4 General Revenues

4,559,163

5 Federal Funds

67,325

6 Total - State Medical Examiners

4,626,488

7 Healthcare Quality and Safety


8 General Revenues

10,298,205

9 Federal Funds

7,592,019

10 Restricted Receipts

1,160,202

11 Total - Healthcare Quality and Safety

19,050,426

12 Policy, Information and Communications


13 General Revenues

3,019,000


  1. Provided that $400,000 of this amount and its corresponding federal match is used for loan

  2. repayment assistance specifically for primary care physicians and pediatricians through the Health


  3. Professional Loan Repayment Program authorized by § 23-14.1.


  4. Federal Funds


18 Federal Funds

5,606,211

19 Rural Health Transformation Program

26,301,377

20 Restricted Receipts

839,044

21 Total - Policy, Information and Communications

35,765,632

22 Emergency Preparedness and Infectious Disease


23 General Revenues

2,425,829

24 Federal Funds

17,782,327

25 Total - Emergency Preparedness and Infectious Disease

20,208,156

26 COVID-19


27 Federal Funds

7,519,108

28 Grand Total - Health

307,427,486

29 Human Services


30 Central Management


31 General Revenues

8,084,531


  1. Of this amount, $400,000 is to support the domestic violence prevention fund to provide


  2. direct services through the Coalition Against Domestic Violence, $25,000 is for the Center for


  3. Southeast Asians, $450,000 is to support Project Reach activities provided by the RI Alliance of

  1. Boys and Girls Clubs, $300,000 is for outreach and supportive services through Day One,


  2. $1,950,000 is for food collection and distribution through the Rhode Island Community Food Bank


  3. of which $250,000 will be utilized to provide sub awards to other community food organizations,

  4. $500,000 is for services provided to the homeless at Crossroads Rhode Island, $600,000 is for the


  5. Community Action Fund, $250,000 is for the Institute for the Study and Practice of Nonviolence’s


  6. Reduction Strategy, $300,000 is to provide operational support to the United Way’s 211 system,


  7. $150,000 is to support services provided to the immigrant and refugee population through Higher


  8. Ground International, $50,000 is for services provided to refugees through the Refugee Dream


  9. Center, $150,000 is for the Substance Use and Mental Health Leadership Council of RI, $25,000

  10. is for services provided by Oasis International, $25,000 is for services provided by New Bridges


  11. for Haitian Success and $200,000 is for Farm Fresh Rhode Island’s Bonus Bucks program.


  12. Federal Funds 8,020,512


  13. Of this amount, $3.0 million is to sustain Early Head Start and Head Start programs.


  14. Restricted Receipts 470,000

  15. Total - Central Management 16,575,043


  16. Child Support Enforcement


  17. General Revenues 4,616,756


  18. Federal Funds 9,447,431


  19. Restricted Receipts 4,107,870

  20. Total - Child Support Enforcement 18,172,057


  21. Individual and Family Support


  22. General Revenues 45,895,483


  23. Federal Funds 118,750,234


  24. Restricted Receipts 115,000


  25. Other Funds

  26. Rhode Island Capital Plan Funds


  27. Blind Vending Facilities 165,000


  28. Total - Individual and Family Support 164,925,717


  29. Office of Veterans Services


  30. General Revenues 37,094,041

  31. Of this amount, $200,000 is to provide support services through veterans’ organizations,


  32. $50,000 is to support Operation Stand Down, and $100,000 is to support the Veterans Services


  33. Officers (VSO) program through the Veterans of Foreign Wars.


  34. Federal Funds 15,980,199


1 Restricted Receipts

1,410,115

2 Other Funds


3 Rhode Island Capital Plan Funds


4 Veterans Home Asset Protection

977,240

5 Veterans Memorial Cemetery Asset Protection

260,000

6 Total - Office of Veterans Services

55,721,595

7 Health Care Eligibility


8 General Revenues

12,476,503

9 Federal Funds

18,943,937

10 Total - Health Care Eligibility

31,420,440

11 Supplemental Security Income Program


12 General Revenues

16,752,300

13 Rhode Island Works


14 General Revenues

9,784,221

15 Federal Funds

89,509,493

16 Total - Rhode Island Works

99,293,714

17 Other Programs


18 General Revenues

6,076,792

19 Federal Funds

338,010,465

20 Restricted Receipts

8,000

21 Total - Other Programs

344,095,257

22 Office of Healthy Aging


23 General Revenues

17,291,725

24 Of this amount, $325,000 is to provide elder

services, including respite, through the


  1. Diocese of Providence; $100,000 is for ombudsman services provided by the Alliance for Long

  2. Term Care in accordance with chapter 66.7 of title 42; and $1,800,000 is for Senior Services


  3. Support and $730,000 is for elderly nutrition, of which $680,000 is for Meals on Wheels.


28 Federal Funds

19,861,555

29 Restricted Receipt

266,979

30 Other Funds


31 Intermodal Surface Transportation Fund

4,651,722


  1. The Office shall reimburse the Rhode Island public transit authority for the elderly/disabled


  2. transportation program expenses no later than fifteen (15) days of the authority’s submission of a


  3. request for payment.


1 Total - Office of Healthy Aging

42,071,981

2 Grand Total - Human Services

789,028,104

3 Behavioral Healthcare, Developmental Disabilities and Hospitals


4 Central Management


5 General Revenues

10,757,305

6 Federal Funds

1,858,106

7 Restricted Receipts

1,836,349

8 Other Funds


9 Rhode Island Capital Plan Funds


10 Group Home Maintenance

5,000,000

11 Total - Central Management

19,451,760

12 Services for the Developmentally Disabled


13 General Revenues

241,044,033

14 Federal Funds

319,530,323

15 Restricted Receipts

1,300,866

16 Other Funds


17 Rhode Island Capital Plan Funds


18 DD Residential Support

100,000

19 Total - Services for the Developmentally Disabled

561,975,222

20 Behavioral Healthcare Services


21 General Revenues

6,415,175

22 Federal Funds


23 Federal Funds

27,480,137

24 Provided that $250,000 from Social Services Block Grant

funds is awarded to The

25 Providence Center to coordinate with Oasis Wellness and Recovery

Center for its support and

26 services program offered to individuals with behavioral health issues.


27 Rural Health Transformation Program

4,052,934

28 Restricted Receipts

4,358,875


  1. Provided that $500,000 from the opioid stewardship fund is distributed equally to the seven


  2. regional substance abuse prevention task forces to fund priorities determined by each task force.

  3. Total - Behavioral Healthcare Services 42,307,121


  4. Hospital and Community Rehabilitative Services


  5. General Revenues 49,203,513


  6. The department shall report monthly on the hospital census by campus and the number of

    1. patients. The report shall include the total number of patients with coverage through Medicaid,


    2. Medicare, commercial or private pay, with each group reported separately. The report shall also


    3. include total funding collected from each source, including Medicare, private pay, and/or other


4 third-party sources.


5 Federal Funds

67,782,760

6 Restricted Receipts

4,817,874

7 Other Funds


8 Rhode Island Capital Plan Funds


9 Hospital Equipment

300,000

10 Total - Hospital and Community Rehabilitative Services

122,104,147

11 State of RI Psychiatric Hospital


12 General Revenues

34,884,686

13 Restricted Receipts

144,000

14 Other Funds


15 Rhode Island Capital Plan Funds


16 RISPH Equipment

100,000

17 Total - State of RI Psychiatric Hospital

35,128,686

18 Grand Total - Behavioral Healthcare,


19 Developmental Disabilities and Hospitals

780,966,936

20 Office of the Child Advocate


21 General Revenues

2,405,487

22 Commission on the Deaf and Hard of Hearing


23 General Revenues

835,904

24 Restricted Receipts

118,177

25 Grand Total - Comm. On Deaf and Hard-of-Hearing

954,081

26 Governor’s Commission on Disabilities


27 General Revenues


28 General Revenues

908,716

29 Livable Home Modification Grant Program

515,278


  1. Provided that this will be used for home modification and accessibility enhancements to

  2. construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.


  3. This will be in consultation with the executive office of health and human services. All unexpended


  4. or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the ensuing fiscal


  5. year, and made immediately available for the same purpose.

  1. Federal Funds 340,092


  2. Restricted Receipts 67,190


  3. Grand Total - Governor’s Commission on Disabilities 1,831,276

  4. Office of the Mental Health Advocate


  5. General Revenues 1,111,709


  6. Elementary and Secondary Education


  7. Administration of the Comprehensive Education Strategy


  8. General Revenues 36,688,221


  9. Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s

  10. Hospital pursuant to § 16-7-20; $395,000 be allocated to support child opportunity zones through


  11. agreements with the department of elementary and secondary education to strengthen education,


  12. health and social services for students and their families as a strategy to accelerate student


  13. achievement; $450,000 and 3.0 full-time equivalent positions be allocated to support a special


  14. education function to facilitate individualized education program (IEP) and 504 services; and

  15. further provided that $130,000 be allocated to City Year for the Whole School Whole Child


  16. Program, which provides individualized support to at-risk students.


  17. Provided further that $2,000,000 shall be allocated for the Learn365RI program, of which


  18. $100,000 shall be allocated to the Rhode Island Afterschool Network; $100,000 shall be allocated


  19. to Teach for America Ignite; and $100,000 shall be allocated to Onward We Learn.

  20. Provided further that $684,000 shall be allocated to the Paul V. Sherlock Center on


  21. Disabilities to support the Rhode Island Vision Education and Services Program.


  22. Federal Funds


  23. Federal Funds 258,048,406


  24. Rural Health Transformation Program 4,838,988


  25. Restricted Receipts

  26. Restricted Receipts 1,839,203


  27. HRIC Adult Education Grants 3,500,000


  28. Other Funds


  29. Rhode Island Capital Plan Funds


  30. Norwell Academy Facility Feasibility Study 150,000

  31. Total - Admin. of the Comprehensive Ed. Strategy 305,064,818


  32. Davies Career and Technical School


  33. General Revenues 21,093,905


  34. Federal Funds 954,525


1 Restricted Receipts

4,932,231

2 Other Funds


3 Rhode Island Capital Plan Funds


4 Davies School HVAC

1,100,000

5 Davies School Asset Protection

750,000

6 Davies School Wing Renovation

23,500,000

7 Total - Davies Career and Technical School

52,330,661

8 RI School for the Deaf


9 General Revenues

9,039,339

10 Federal Funds

225,365

11 Restricted Receipts

1,597,000

12 Other Funds


13 Rhode Island Capital Plan Funds


14 School for the Deaf Asset Protection

968,691

15 Total - RI School for the Deaf

11,830,395

16 Metropolitan Career and Technical School


17 General Revenues

14,998,564

18 Other Funds


19 Rhode Island Capital Plan Funds


20 MET School Asset Protection

250,000

21 Total - Metropolitan Career and Technical School

15,248,564

22 Education Aid


23 General Revenues

1,315,077,322


  1. Provided that the criteria for the allocation of early childhood funds shall prioritize pre-


  2. kindergarten seats and classrooms for four-year-olds whose family income is at or below one

  3. hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities


    27 with higher concentrations of low performing schools.


    28 Restricted Receipts

    49,781,920

    29 Total - Education Aid

    1,364,859,242

    30 Central Falls School District


    31 General Revenues

    55,246,303

    32 School Construction Aid


    33 General Revenues

    122,128,556

    34 Teachers' Retirement



    1 General Revenues

    130,236,201

    2 Grand Total - Elementary and Secondary Education

    2,056,944,740

    3 Public Higher Education


    4 Office of Postsecondary Commissioner


    5 General Revenues

    36,251,979


    1. Provided that $455,000 shall be allocated to Onward We Learn pursuant to § 16-70-5,


    2. $75,000 shall be allocated to Best Buddies Rhode Island to support its programs for children with


    3. developmental and intellectual disabilities. It is also provided that $8,141,437 shall be allocated to


    4. the Rhode Island promise scholarship program, $151,410 shall be used to support Rhode Island’s

    5. membership in the New England Board of Higher Education, $7,062,826 shall be allocated to the


    6. Rhode Island hope scholarship program, and $100,000 shall be allocated to the Rhode Island


    7. School for Progressive Education to support access to higher education opportunities for teachers


13 of color.


14 Federal Funds

6,877,602

15 Restricted Receipts


16 Restricted Receipts

8,358,299

17 Tuition Savings Program - Scholarships and Grants

3,460,000

18 Other Funds


19 Nursing Education Center - Operating

3,494,558

20 Rhode Island Capital Plan Funds


21 WEC Expansion - Annex Site

160,000

22 Total - Office of Postsecondary Commissioner

58,602,438

23 University of Rhode Island


24 General Revenues


25 General Revenues

119,498,120


  1. Provided that in order to leverage federal funding and support economic development,


  2. $700,000 shall be allocated to the small business development center, $155,000 shall be allocated


  3. to the Institute for Labor Studies & Research, and $50,000 shall be allocated to Special Olympics


  4. Rhode Island to support its mission of providing athletic opportunities for individuals with


  5. intellectual and developmental disabilities.

  6. Debt Service 32,853,856


  7. RI State Forensics Laboratory 2,436,958


  8. URI Medical School Planning 5,000,000


  9. Other Funds


1 University and College Funds

860,035,628

2 Debt - Dining Services

744,557

3 Debt - Education and General

7,824,231

4 Debt - Health Services

6,148

5 Debt - Housing Loan Funds

14,186,125

6 Debt - Memorial Union

291,069

7 Debt - Ryan Center

2,363,789

8 Debt - Parking Authority

1,408,483

9 URI Restricted Debt Service - Energy Conservation

369,780

10 URI Debt Service - Energy Conservation

1,349,620

11 Rhode Island Capital Plan Funds


12 Asset Protection

15,236,863

13 Mechanical, Electric, and Plumbing Improvements

6,217,170

14 Fire Protection Academic Buildings

1,323,475

15 Bay Campus

16,853,278

16 Athletics Complex

21,361,818


17 Provided that total Rhode Island capital plan funds provide no more than 80.0 percent of


18 the total project.


19 Stormwater Management

1,437,519

20 PFAS Removal Water Treatment Plant

8,197,664

21 Campus Accessibility

1,700,000

22 Campus Access Control

1,575,000

23 Building Envelope Improvements

3,000,000

24 Total - University of Rhode Island

1,125,271,151


  1. Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as

  2. of June 30, 2027 relating to the university of Rhode Island are hereby reappropriated to fiscal year


  3. 2028.


  4. Rhode Island College


  5. General Revenues


  6. General Revenues 72,723,265

  7. Debt Service 9,159,563


  8. Rhode Island Vision Education and Services Program 1,800,000


  9. Other Funds


  10. University and College Funds 135,027,602


1 Debt - Education and General

715,825

2 Debt - Student Union

212,025

3 Debt - Energy Conservation

785,625

4 Rhode Island Capital Plan Funds


5 Asset Protection

6,500,000

6 Infrastructure Modernization

5,675,000

7 Total - Rhode Island College

232,598,905


  1. Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as


  2. of June 30, 2027, relating to Rhode Island college are hereby reappropriated to fiscal year 2028.

  3. Community College of Rhode Island


  4. General Revenues


12 General Revenues

65,696,149

13 Debt Service

934,564

14 Restricted Receipts

998,534

15 Other Funds


16 University and College Funds

127,734,928

17 Rhode Island Capital Plan Funds


18 Asset Protection

3,369,452

19 Data, Cabling, and Power Infrastructure

5,500,000

20 Flanagan Campus Renovations

300,000

21 CCRI Renovation and Modernization Phase I

12,500,000

22 CCRI Renovation and Modernization Phase II - IV

2,440,000

23 CCRI Accessibility Improvements

125,000

24 Total - Community College of RI

219,598,627


  1. Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as

  2. of June 30, 2027, relating to the community college of Rhode Island are hereby reappropriated to


  3. fiscal year 2028.


28 Grand Total - Public Higher Education

1,636,071,121

29 RI State Council on the Arts


30 General Revenues


31 Operating Support

1,370,565

32 Grants

1,240,000

33 Provided that $400,000 be provided

to support the operational costs of WaterFire

34 Providence art installations.


  1. Federal Funds 1,160,576


  2. Other Funds


  3. Art for Public Facilities 742,000

  4. Grand Total - RI State Council on the Arts 4,513,141


  5. RI Atomic Energy Commission


  6. General Revenues 1,316,004


  7. Restricted Receipts 25,036


  8. Other Funds


  9. URI Sponsored Research 335,818

  10. Rhode Island Capital Plan Funds


  11. Asset Protection 50,000


  12. Grand Total - RI Atomic Energy Commission 1,726,858


  13. RI Historical Preservation and Heritage Commission


  14. General Revenues 1,856,433

  15. Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration


  16. activities and that $25,000 shall be allocated to Rhode Island Slave History Medallions.


  17. Federal Funds 893,987


  18. Restricted Receipts 511,827


  19. Other Funds

  20. RIDOT Project Review 148,449


  21. Grand Total - RI Historical Preservation and Heritage Comm. 3,410,696


  22. Attorney General


  23. Criminal


  24. General Revenues 24,153,594


  25. Federal Funds 3,089,426

  26. Restricted Receipts 1,821,874


  27. Total - Criminal 29,064,894


  28. Civil


  29. General Revenues 6,672,679


  30. Federal Funds 132,429

  31. Restricted Receipts 4,939,129


    32 Total - Civil 11,744,237


    1. Bureau of Criminal Identification


    2. General Revenues 2,563,440


    1 Restricted Receipts

    1,344,780

    2 Total - Bureau of Criminal Identification

    3,908,220

    3 General


    4 General Revenues

    5,979,584

    5 Other Funds


    6 Rhode Island Capital Plan Funds


    7 Building Renovations and Repairs

    2,675,000

    8 Total - General

    8,654,584

    9 Grand Total - Attorney General

    53,371,935

    10 Corrections


    11 Central Management


    12 General Revenues

    26,874,592

    13 Parole Board


    14 General Revenues

    1,668,186

    15 Custody and Security


    16 General Revenues

    187,294,597

    17 Federal Funds

    1,067,867

    18 Other Funds


    19 Rhode Island Capital Plan Funds


    20 Intake Service Center HVAC

    19,800,000

    21 Total - Custody and Security

    208,162,464

    22 Institutional Support


    23 General Revenues

    39,460,059

    24 Other Funds


    25 Rhode Island Capital Plan Funds


    26 Asset Protection

    6,200,000

    27 Total - Institutional Support

    45,660,059

    28 Institutional Based Rehab/Population Management


    29 General Revenues

    15,076,622

    30 Provided that $1,050,000 be allocated to

    Crossroads Rhode Island for sex offender

    31 discharge planning.



  32. The director of the department of corrections shall provide to the speaker of the house and


  33. president of the senate at least every ninety (90) days beginning September 1, 2022, a report on


  34. efforts to modernize the correctional industries program. The report shall, at minimum, provide

  1. data on the past ninety (90) days regarding program participation; changes made in programming


  2. to more closely align with industry needs; new or terminated partnerships with employers,


  3. nonprofits, and advocacy groups; current program expenses and revenues; and the employment

  4. status of all persons on the day of discharge from department care who participated in the


  5. correctional industries program.


  6. Federal Funds 449,585


  7. Restricted Receipts 1,250,000


8 Total - Institutional Based Rehab/Population Mgt.

16,776,207

9 Healthcare Services


10 General Revenues

40,978,629

11 Community Corrections


12 General Revenues

23,288,620

13 Restricted Receipts

3,091

14 Total - Community Corrections

23,291,711

15 Grand Total - Corrections

363,411,848

16 Judiciary


17 Supreme Court


18 General Revenues


19 General Revenues

40,098,334


  1. Provided however, that no more than $1,393,545 in combined total shall be offset to the


  2. public defender’s office, the attorney general’s office, the department of corrections, the department


  3. of children, youth and families, and the department of public safety for square-footage occupancy


  4. costs in public courthouses and further provided that $500,000 be allocated to the Rhode Island


  5. Coalition Against Domestic Violence for the domestic abuse court advocacy project pursuant to §


  6. 12-29-7 and that $90,000 be allocated to Rhode Island Legal Services, Inc. to provide housing and

  7. eviction defense to indigent individuals.


27 Defense of Indigents

7,875,432

28 Federal Funds

133,368

29 Restricted Receipts

4,296,657

30 Other Funds


31 Rhode Island Capital Plan Funds


32 Judicial Complexes - HVAC

500,000

33 Judicial Complexes Asset Protection

1,500,000

34 Judicial Complexes Fan Coil Unit Replacements

750,000


1 Garrahy Courthouse Restoration

1,125,000

2 Total - Supreme Court

56,278,791

3 Judicial Tenure and Discipline


4 General Revenues

190,901

5 Superior Court


6 General Revenues

31,703,969

7 Restricted Receipts

325,000

8 Total - Superior Court

32,028,969

9 Family Court


10 General Revenues

29,964,439

11 Federal Funds

5,061,224

12 Total - Family Court

35,025,663

13 District Court


14 General Revenues

18,246,180

15 Federal Funds

223,404

16 Restricted Receipts

60,000

17 Total - District Court

18,529,584

18 Traffic Tribunal


19 General Revenues

12,022,509

20 Workers' Compensation Court


21 Restricted Receipts

12,073,439

22 Grand Total - Judiciary

166,149,856

23 Military Staff


24 General Revenues

3,634,593

25 Federal Funds

48,998,537

26 Restricted Receipts


27 RI Military Family Relief Fund

55,000

28 RING Counterdrug Program

11,000

29 Other Funds


30 Rhode Island Capital Plan Funds


31 Aviation Readiness Center

7,603,990

32 Asset Protection

3,492,912

33 Grand Total - Military Staff

63,796,032

34 Public Safety


  1. Central Management


  2. General Revenues 2,858,706


  3. Provided that $760,000 shall be allocated to support the Family Service of Rhode Island’s

  4. GO Team program of on-scene support to children who are victims of violence and other traumas.


5 Federal Funds


6 Federal Funds

9,707,021

7 Federal Funds – State Fiscal Recovery Fund


8 Support for Survivors of Domestic Violence

64,786

9 Restricted Receipts

849,625

10 Total - Central Management

13,480,138

11 E-911 Emergency Telephone System


12 Restricted Receipts

10,527,015

13 Security Services


14 General Revenues

33,957,887

15 Municipal Police Training Academy


16 General Revenues

418,234


  1. Provided that of this amount $75,000 shall be for administrative, information technology,


  2. and operating expenses incurred by the Rhode Island Police Officers Commission on Standards


  1. and Training (POST).

  2. Federal Funds


191,992

21 Total - Municipal Police Training Academy

610,226

22 State Police


23 General Revenues

101,293,356

24 Federal Funds

6,268,585

25 Restricted Receipts

3,336,961

26 Other Funds


27 Airport Corporation Assistance

157,117

28 Road Construction Reimbursement

4,355,100

29 Weight and Measurement Reimbursement

655,646

30 Rhode Island Capital Plan Funds


31 DPS Asset Protection

1,345,000

32 Training Academy Upgrades

670,000

33 Total - State Police

118,081,765

34 Grand Total - Public Safety

176,657,031


1 Office of Public Defender


2 General Revenues

18,839,259

3 Federal Funds

85,035

4 Grand Total - Office of Public Defender

18,924,294

5 Emergency Management Agency


6 General Revenues

8,375,436

7 Federal Funds

52,235,300

8 Restricted Receipts

417,066

9 Other Funds


10 Rhode Island Capital Plan Funds


11 RI Statewide Communications Infrastructure

330,000

12 Mobile Command Post

3,218,908

13 Grand Total - Emergency Management Agency

64,576,710

14 Environmental Management


15 Office of the Director


16 General Revenues

10,627,948


  1. Of this general revenue amount, $180,000 is appropriated to the conservation districts and


  2. $100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a


  3. veterinarian at the Wildlife Clinic of Rhode Island.

  4. Federal Funds 376,495


  5. Restricted Receipts 7,343,683


22 Total - Office of the Director

18,348,126

23 Natural Resources


24 General Revenues

32,864,994


25 Provided that of this general revenue amount, $150,000 is to be used for marine mammal

26 response activities in conjunction with matching federal funds.


27 Federal Funds

37,410,677

28 Restricted Receipts

6,962,400

29 Other Funds


30 DOT Recreational Projects

789,122

31 Blackstone Bike Path Design

1,000,000

32 Rhode Island Capital Plan Funds


33 Dam Repair

5,593,450

34 Fort Adams Rehabilitation

500,000


1 Port of Galilee

10,693,637

2 Newport Pier Upgrades

500,000

3 Recreation Facilities Asset Protection

750,000

4 Big River Management Area

593,000

5 Recreational Facilities Improvements

4,586,260

6 Natural Resources Office and Visitor's Center

2,586,709

7 Fish & Wildlife Maintenance Facilities

200,000

8 Marine Infrastructure/Pier Development

500,000

9 Total - Natural Resources

105,530,249

10 Environmental Protection


11 General Revenues

17,290,819

12 Federal Funds

13,416,965

13 Restricted Receipts

12,981,563

14 Other Funds


15 Transportation MOU

61,877

16 Total - Environmental Protection

43,751,224

17 Grand Total - Environmental Management

167,629,599

18 Coastal Resources Management Council


19 General Revenues

4,374,771

20 Federal Funds

3,151,314

21 Restricted Receipts

335,811

22 Other Funds


23 Rhode Island Capital Plan Funds


24 Confined Aquatic Dredged Material Disposal Cells

11,380,000

25 Grand Total - Coastal Resources Mgmt. Council

19,241,896

26 Transportation


27 Central Management


28 Federal Funds

13,891,263

29 Other Funds


30 Gasoline Tax

8,591,864

31 Total - Central Management

22,483,127

32 Management and Budget


33 Other Funds


34 Gasoline Tax

5,768,852

  1. Infrastructure Engineering


  2. Federal Funds


  3. Federal Funds 765,084,339

  4. Federal Funds – State Fiscal Recovery Fund


  5. Washington Bridge Project 74,583


  6. Restricted Receipts 4,459,559


  7. Other Funds


  8. Gasoline Tax 79,261,623


  9. Provided that of this amount, $10,000,000 is appropriated to the Municipal Roads Grant

  10. Program known as RhodeRestore to provide funding to municipalities for the construction and


  11. maintenance of roads, sidewalks, and bridges. Provided that twenty-five percent (25%) of the funds


  12. shall be distributed equally to each city and town, and seventy-five percent (75%) shall be allocated


  13. proportionally based on each municipality’s share of municipally maintained road miles, as


  14. determined by the most recent data available from the Rhode Island department of transportation.

  15. Provided further that each municipality is required to provide a sixty-seven percent (67%) match.


  16. Provided further that, at the discretion of the department, a portion of these funds may be used for


  17. state sidewalk projects identified by the municipality and prioritized in collaboration with the


  18. department, subject to a matching requirement to be established by the department.


  19. Provided further that of this amount, sufficient funds from the Rhode Island public transit

  20. authority’s share of gasoline tax proceeds shall be allocated to the state paratransit program,


  21. including the expansion pilot program known as ride anywhere to ensure statewide paratransit


  22. services are maintained.


  23. Land Sale Revenue 6,113,850


  24. Tolling Revenue 20,000,000


  25. Rhode Island Capital Plan Funds

  26. Highway Improvement Program 46,250,000


  27. RIPTA - Kingston Station Mobility Hub 840,000


  28. RIPTA - Pawtucket Bus Hub 63,428


  29. RIPTA - Bus Shelter Renovation and Replacement 3,000,000


  30. Bike Path Asset Protection 400,000

  31. RIPTA - Land and Buildings 1,590,125


  32. Total - Infrastructure Engineering 927,137,507


  33. Infrastructure Maintenance


  34. Other Funds

    1. Gasoline Tax 54,501,743


    2. The department of transportation will establish a municipal roadway database, which will


    3. include information concerning the name, condition, length, roadway infrastructure, and pedestrian

    4. features of each municipal roadway, updated annually by municipalities. The database will serve


    5. as a comprehensive and transparent list of municipal roadway conditions.


    6. Rhode Island Highway Maintenance Account 129,125,003


    7. Rhode Island Capital Plan Funds


    8. Maintenance Capital Equipment Replacement 1,800,000


    9. Maintenance Facilities Improvements 500,000

    10. Welcome Center 150,000


    11. Salt Storage Facilities 1,150,000


    12. Train Station Asset Protection 3,750,000


    13. Total - Infrastructure Maintenance 190,976,746


    14. Grand Total - Transportation 1,146,366,232

    15. Statewide Totals


    16. General Revenues 6,073,163,638


    17. Federal Funds 5,734,688,897


    18. Restricted Receipts 464,730,558


    19. Other Funds 2,964,731,268

    20. Statewide Grand Total 15,237,314,361


    21. SECTION 2. Each line appearing in section 1 of this article shall constitute an


    22. appropriation.


    23. SECTION 3. Upon the transfer of any function of a department or agency to another


    24. department or agency, the governor is hereby authorized by means of executive order to transfer or


    25. reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected

    26. thereby; provided, however, in accordance with § 42-6-5, when the duties or administrative


    27. functions of government are designated by law to be performed within a particular department or


    28. agency, no transfer of duties or functions and no re-allocation, in whole or part, or appropriations


    29. and full-time equivalent positions to any other department or agency shall be authorized.


    30. SECTION 4. From the appropriation for contingency shall be paid such sums as may be

    31. required at the discretion of the governor to fund expenditures for which appropriations may not


    32. exist. Such contingency funds may also be used for expenditures in the several departments and


    33. agencies where appropriations are insufficient, or where such requirements are due to unforeseen


    34. conditions or are non-recurring items of an unusual nature. Said appropriations may also be used

  1. for the payment of bills incurred due to emergencies or to any offense against public peace and


  2. property, in accordance with the provisions of titles 11 and 45, as amended. All expenditures and


  3. transfers from this account shall be approved by the governor.

  4. SECTION 5. The general assembly authorizes the state controller to establish the internal


  5. service accounts shown below, and no other, to finance and account for the operations of state


  6. agencies that provide services to other agencies, institutions and other governmental units on a cost


  7. reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in


  8. a businesslike manner; promote efficient use of services by making agencies pay the full costs


  9. associated with providing the services; and allocate the costs of central administrative services

  10. across all fund types, so that federal and other non-general fund programs share in the costs of


  11. general government support. The controller is authorized to reimburse these accounts for the cost


  12. of work or services performed for any other department or agency subject to the following


  13. expenditure limitations:


  14. Account Expenditure Limit

  15. Accounts and Control Internal Service Fund 17,696,064


  16. State Assessed Fringe Benefit Internal Service Fund 37,347,585


  17. Administration Central Utilities Internal Service Fund 30,366,642


  18. State Central Mail Internal Service Fund 9,226,608


  19. State Telecommunications Internal Service Fund 3,489,512

  20. State Automotive Fleet Internal Service Fund 21,689,836


  21. Surplus Property Internal Service Fund 44,789


  22. Health Insurance Internal Service Fund 377,363,571


  23. Other Post-Employment Benefits Fund 41,748,856


  24. Capitol Police Internal Service Fund 1,894,861


  25. Corrections Central Distribution Center Internal Service Fund 8,819,385

  26. Correctional Industries Internal Service Fund 8,587,104


  27. Secretary of State Record Center Internal Service Fund 1,167,703


  28. Human Resources Internal Service Fund 14,804,445


  29. DCAMM Facilities Internal Service Fund 41,508,177


  30. Information Technology Internal Service Fund 64,137,258

  31. SECTION 6. The director of the department of administration shall exercise his powers


  32. under chapter 11 of title 42 to centralize state fleet operations under the department as it relates to


  33. light and medium duty vehicle management, in accordance with best practices.


  34. SECTION 7. Legislative Intent - The general assembly may provide a written "statement

    1. of legislative intent" signed by the chairperson of the house finance committee and by the


    2. chairperson of the senate finance committee to show the intended purpose of the appropriations


    3. contained in section 1 of this article. The statement of legislative intent shall be kept on file in the

    4. house finance committee and in the senate finance committee.


    5. At least twenty (20) days prior to the issuance of a grant or the release of funds, which


    6. grant or funds are listed on the legislative letter of intent, all department, agency, and corporation


    7. directors shall notify in writing the chairperson of the house finance committee and the chairperson


    8. of the senate finance committee of the approximate date when the funds are to be released or


    9. granted.

    10. SECTION 8. Appropriation of Temporary Disability Insurance Funds -- There is hereby


    11. appropriated pursuant to §§ 28-39-5 and 28-39-8 all funds required to be disbursed for the benefit


    12. payments from the temporary disability insurance fund and temporary disability insurance reserve


    13. fund for the fiscal year ending June 30, 2027.


    14. SECTION 9. Appropriation of Employment Security Funds -- There is hereby appropriated

    15. pursuant to § 28-42-19 all funds required to be disbursed for benefit payments from the employment


    16. security fund for the fiscal year ending June 30, 2027.


    17. SECTION 10. Appropriation of Lottery Division Funds -- There is hereby appropriated to


    18. the lottery division any funds required to be disbursed by the lottery division for the purposes of


    19. paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2027.

    20. SECTION 11. Appropriation of CollegeBoundSaver Funds - There is hereby appropriated


    21. to the office of the general treasurer designated funds received under the collegeboundsaver


    22. program for transfer to the division of higher education assistance within the office of the


    23. postsecondary commissioner to support student financial aid for the fiscal year ending June 30,


    24. 2027.


    25. SECTION 12. Departments and agencies listed below may not exceed the number of full-

    26. time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do


    27. not include limited period positions or, seasonal or intermittent positions whose scheduled period


    28. of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not


    29. exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor


    30. do they include individuals engaged in training, the completion of which is a prerequisite of

    31. employment. Provided, however, that the governor or designee, speaker of the house of


    32. representatives or designee, and the president of the senate or designee may authorize an adjustment


    33. to any limitation. Prior to the authorization, the state budget officer shall make a detailed written


    34. recommendation to the governor, the speaker of the house, and the president of the senate. A copy

  1. of the recommendation and authorization to adjust shall be transmitted to the chairman of the house


  2. finance committee, senate finance committee, the house fiscal advisor, and the senate fiscal advisor.


  3. State employees whose funding is from non-state general revenue funds that are time

  4. limited shall receive limited term appointment with the term limited to the availability of non-state


  5. general revenue funding source.


  6. FY 2027 FTE POSITION AUTHORIZATION


  7. Departments and Agencies Full-Time Equivalent

  8. Administration 657.6

  9. Provided that no more than 442.1 of the total authorization would be limited to positions

  10. that support internal service fund programs.


11 Office of Energy Resources

21.0

12 Business Regulation

159.0

13 Rhode Island Cannabis Control Commission

26.0

14 Executive Office of Commerce

5.0

15 Housing

31.0

16 Labor and Training

441.7

17 Revenue

605.5

18 Legislature

298.5

19 Office of the Lieutenant Governor

8.0

20 Office of the Secretary of State

63.0

21 Office of the General Treasurer

93.0

22 Board of Elections

13.0

23 Rhode Island Ethics Commission

12.0

24 Office of the Governor

45.0

25 Commission for Human Rights

15.0

26 Public Utilities Commission

57.0

27 Office of Inspector General

12.0

28 Executive Office of Health and Human Services

257.0

29 Children, Youth and Families

719.5

30 Health

572.6

31 Human Services

804.0

32 Office of Veterans Services

291.0

33 Office of Healthy Aging

33.0

34 Behavioral Healthcare, Developmental Disabilities and Hospitals

1,225.4

  1. Provided that 18.0 of the total authorization would be limited to independent facilitator


  2. positions to comply with the Consent Decree Addendum.


  3. Office of the Child Advocate 13.0

  4. Commission on the Deaf and Hard of Hearing 4.0


  5. Governor’s Commission on Disabilities 5.0


  6. Office of the Mental Health Advocate 6.0

  7. Elementary and Secondary Education 156.1

  8. Provided that 3.0 of the total authorization would be available only for positions that are

  9. supported by the healthy environments advance learning grant at the school building authority.

  10. School for the Deaf 61.0


  11. Davies Career and Technical School 125.0


  12. Office of Postsecondary Commissioner 48.0


  13. Provided that 1.0 of the total authorization would be available only for positions that are


  14. supported by third-party funds, 12.0 would be available only for positions at the state’s higher

  15. education centers located in Woonsocket and Westerly, 10.0 would be available only for positions


  16. at the nursing education center, and 9.0 would be available for the longitudinal data systems


  17. program.


  18. University of Rhode Island 2,871.0


  19. Provided that 378.8 of the total authorization would be available only for positions that are

  20. supported by third-party funds, and 450.0 would be available only for positions that support


  21. auxiliary operations.

  22. Rhode Island College 899.2

  23. Provided that 76.0 of the total authorization would be available only for positions that are

  24. supported by third-party funds.

  25. Community College of Rhode Island 809.1

  26. Provided that 89.0 of the total authorization would be available only for positions that are

  27. supported by third-party funds.


  28. Rhode Island State Council on the Arts 10.0

  29. RI Atomic Energy Commission 8.6

  30. Historical Preservation and Heritage Commission 14.0

  31. Office of the Attorney General 268.1

  32. Corrections 1,411.0

  33. Judicial 752.3

  34. Military Staff 93.0

  1. Emergency Management Agency 38.0

  2. Public Safety 638.0

  3. Office of the Public Defender 105.0

  4. Environmental Management 440.0

  5. Coastal Resources Management Council 32.0

  6. Transportation 722.0

  7. Total 15,995.2

  8. No agency or department may employ contracted employee services where contract

  9. employees would work under state employee supervisors without determination of need by the

  10. director of administration acting upon positive recommendations by the budget officer and the

  11. personnel administrator and fifteen (15) days after a public hearing.

  12. Nor may any agency or department contract for services replacing work done by state

  13. employees at that time without determination of need by the director of administration acting upon

  14. the positive recommendations of the state budget officer and the personnel administrator and thirty

  15. (30) days after a public hearing.

  16. SECTION 13. The amounts reflected in this article include the appropriation of Rhode

  17. Island capital plan funds for fiscal year 2027 and supersede appropriations provided for FY 2027

  18. within Pub. L. 2025, ch. 278, art. 1, § 13.

  19. The following amounts are hereby appropriated out of any money in the State’s Rhode

  20. Island capital plan fund not otherwise appropriated to be expended during the fiscal years ending

21 June 30, 2028, June 30, 2029, June 30, 2030, and June 30, 2031. These amounts supersede

  1. appropriations provided within Pub. L. 2025, ch. 278, art. 1, § 13.

  2. For the purposes and functions hereinafter mentioned, the state controller is hereby

  3. authorized and directed to draw the controller's orders upon the general treasurer for the payment

  4. of such sums and such portions thereof as may be required by the controller upon receipt of properly

  5. authenticated vouchers.

  6. FY Ending FY Ending FY Ending FY Ending


28

Project

06/30/2028

06/30/2029

06/30/2030 06/30/2031


29


DOA – Civic Center


1,075,000


1,500,000


1,475,000 1,500,000


30 DOA – DoIT Enterprise Operations Center


5,200,000


200,000


200,000


200,000

31 DOA – Pastore Campus Infrastructure

20,000,000

20,000,000

20,000,000

20,000,000

32 DOA – Pastore Hospital Buildings





33 Asset Protection

8,250,000

500,000

500,000

500,000

34 DOA – Pastore Center Non-Hospital Buildings






1

Asset Protection

5,250,000

5,250,000

5,250,000

8,950,000

2

DOA – RI Convention Center Authority

2,500,000

2,000,000

2,000,000

2,500,000

3

DOA – Shepard Building Upgrades

5,325,000

3,135,000

2,250,000

2,250,000

4

DOA – State House Renovations

36,159,000

35,029,000

8,309,000

4,309,000

5

DOA – William Powers Building

3,850,000

1,700,000

200,000

200,000

6

DOA – Zambarano LTAC Hospital

24,427,656

24,155,740

26,065,740

21,804,439

7

EOC – I-195 Redevelopment Commission

400,000

0

0

0

8

SOS – Rhode Island Archives and History





9

Center

4,500,000

0

0

0

10

ELSEC – Davies School Wing Renovation

16,527,194

0

0

0

11

URI – Asset Protection

15,528,074

15,885,220

16,250,580

16,738,097

12

URI – Academic MEP Improvements

7,150,000

818,723

0

0

13

URI – Athletics Complex

982,053

0

0

0

14

URI – PFAS Removal Water Treatment Plant

8,000,000

0

0

0

15

URI – Building Envelope Improvements

3,000,000

3,000,000

3,000,000

3,000,000

16

URI – Campus Accessibility

1,000,000

1,000,000

1,000,000

1,000,000

17

RIC – Asset Protection

6,632,000

6,850,000

6,850,000

7,055,500

18

RIC – Infrastructure Modernization

5,925,000

5,925,000

6,061,275

6,243,113

19

CCRI – Asset Protection

2,780,000

2,870,000

2,936,010

3,024,090

20

CCRI – Accessibility Improvements

720,000

590,000

230,000

200,000

21

CCRI – Data, Cabling, and Power Infrastructure 4,500,000

3,700,000

3,365,980

0

22

CCRI – Flanagan Campus Renovations

5,250,000

2,683,954

300,505

0

23

CCRI – Renovation and Modernization Phase I

6,500,000

6,500,000

547,530

0

24

CCRI – Renovation and Modernization





25

Phase II

4,090,000

2,670,000

3,200,000

750,000

26

DOC – Asset Protection

4,100,000

4,100,000

4,100,000

4,100,000

27

DOC – HVAC

5,900,000

0

0

0

28

Military Staff – Asset Protection

1,120,000

2,220,831

3,253,820

3,548,675

29

Military Staff – Aviation Readiness Center

7,000,000

0

0

0

30

DPS – Training Academy Upgrades

690,000

975,000

600,000

150,000

31

DEM – Dam Repair

7,456,500

5,619,739

1,826,341

1,015,000

32

DEM – Natural Resources Offices and





33

Visitor's Center

1,300,000

100,000

100,000

100,000

34

DEM – Port of Galilee

5,375,000

6,600,000

8,800,000

5,146,499

  1. DEM – Recreational Facilities Improvements 3,500,000 3,500,000 3,500,000 3,000,000


  2. DOT – Highway Improvement Program 22,200,000 22,200,000 22,200,000 22,200,000


  3. DOT – Bike Path Asset Protection 400,000 400,000 400,000 400,000

  4. DOT – Maintenance Capital Equipment


  5. Replacement 1,800,000 1,800,000 1,800,000 1,800,000


  6. DOT – Salt Storage Facilities 1,500,000 1,500,000 1,500,000 1,500,000


  7. DOT – RIPTA - Bus Shelter Renovation and


  8. Replacement 3,000,000 3,000,000 3,000,000 3,000,000


  9. DOT – RIPTA - Land and Buildings 1,310,125 560,000 500,000 500,000

  10. SECTION 14. Reappropriation of Funding for Rhode Island capital plan fund projects.


  11. Any unexpended and unencumbered funds from Rhode Island capital plan fund project


  12. appropriations shall be reappropriated in the ensuing fiscal year and made available for the same


  13. purpose. However, any such reappropriations are subject to final approval by the general assembly


  14. as part of the supplemental appropriations act. Any unexpended funds of less than five hundred

  15. dollars ($500) shall be reappropriated at the discretion of the state budget officer.


  16. SECTION 15. For the Fiscal Year ending June 30, 2027, the Rhode Island housing and


  17. mortgage finance corporation shall provide from its resources such sums as appropriate in support


  18. of the Neighborhood Opportunities Program. The corporation shall provide a report detailing the


  19. amount of funding provided to this program, as well as information on the number of units of

  20. housing provided as a result to the director of administration, the secretary of housing, the chair of


  21. the house finance committee, the chair of the senate finance committee, and the state budget officer.


  22. SECTION 16. Appropriation of Economic Activity Taxes in accordance with the city of


  23. Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year


  24. ending June 30, 2027, all state economic activity taxes to be collected pursuant to § 45-33.4-4, as


  25. amended (including, but not limited to, the amount of tax revenues certified by the commerce

  26. corporation in accordance with § 45-33.4-1(13)), for the purposes of paying debt service on bonds,


  27. funding debt service reserves; paying costs of infrastructure improvements in and around the


  28. ballpark district, arts district, and the growth center district; funding future debt service on bonds;


  29. and funding a redevelopment revolving fund established in accordance with § 45-33-1.


  30. SECTION 17. The appropriations from federal funds contained in section 1 shall not be

  31. construed to mean any federal funds or assistance appropriated, authorized, allocated or


  32. apportioned to the State of Rhode Island from the state fiscal recovery fund and capital projects


  33. fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2027


  34. except for those instances specifically designated.

    1. The State fiscal recovery fund and capital projects fund appropriations herein shall be made


    2. in support of the following projects:


    3. Federal Funds - State Fiscal Recovery Fund

    4. Department of Administration (DOA)


    5. DOA- Pandemic Recovery Office. These funds shall be allocated to finance the pandemic


    6. recovery office established within the department of administration.


    7. Department of Public Safety (DPS)


    8. DPS – Support for Survivors of Domestic Violence. These funds shall be allocated to invest


    9. in the nonprofit community to provide additional housing, clinical and mental health services to

    10. victims of domestic violence and sexual assault. This includes increased investments for therapy


    11. and counseling, housing assistance, job training, relocation aid and case management.


    12. Department of Transportation (DOT)


    13. DOT - Washington Bridge Project. These funds shall support the non-federal share or


    14. matching requirement on federal funds for priority transportation projects, including but not limited

    15. to the Washington Bridge project.


    16. Federal Funds - Capital Projects Fund


    17. Department of Administration (DOA)


    18. DOA - CPF Administration. These funds shall be allocated to the department of


    19. administration to oversee the implementation of the capital projects fund award from the American

    20. Rescue Plan Act.


    21. SECTION 18. Reappropriation of Funding for State Fiscal Recovery Fund and Capital


    22. Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered


    23. federal funds from the state fiscal recovery fund and capital projects fund shall be reappropriated


    24. in the ensuing fiscal year and made available for the same purposes. However, any such


    25. reappropriations are subject to final approval by the general assembly as part of the supplemental

    26. appropriations act.


    27. SECTION 19. The pandemic recovery office shall monitor the progress and performance


    28. of all programs financed by the state fiscal recovery fund and the capital projects fund. On or before


29 October 31, 2023 through April 30, 2025, the office shall provide a report to the speaker of the


  1. house and senate president, with copies to the chairpersons of the house and senate finance

  2. committees, on a quarterly basis and biannually thereafter until and including October 31, 2026,


  3. identifying programs that are at risk of significant underspending or noncompliance with federal or


  4. state requirements. The report, at a minimum must include an assessment of how programs that are


  5. at risk can be remedied. In the event that any state fiscal recovery fund program underspends its

  1. appropriation or receives program income as defined by U.S. Treasury and would put the state at


  2. risk of forfeiture of federal funds, the governor may propose to reclassify unspent funds or program


  3. income from the at-risk program to other eligible uses as determined by U.S. Treasury. This

  4. proposal shall be referred to the general assembly. For a state fiscal recovery fund program, if the


  5. amount of the underspend or receipt of program income is less than or equal to one million dollars


  6. ($1,000,000) and less than or equal to twenty percent (20%) of its total appropriation, the


  7. governor’s proposed reclassification shall take effect immediately. For a state fiscal recovery fund


  8. program, if the amount of the underspend or receipt of program income is greater than one million


  9. dollars ($1,000,000) or greater than twenty percent (20%) of its total appropriation, the governor’s

  10. proposed reclassification shall go into effect thirty (30) days after its referral to the general


  11. assembly by the governor, unless rejected by formal action of the house and senate acting


  12. concurrently within that time.


  13. SECTION 20. The executive office of health and human services shall report on programs


  14. supported by Rural Health Transformation program federal funds. Starting January 1, 2027, the

  15. executive office shall provide a report to the speaker of the house and the president of the senate,


  16. with copies to the chairpersons of the house and senate finance committees, on a quarterly basis


  17. identifying the separate programs, progress made towards reaching the program goals, and


  18. identifying any that are at risk of significant underspending or noncompliance with federal


  19. requirements.

  20. SECTION 21. This article shall take effect as of July 1, 2026, except as otherwise provided


  21. herein.


    1. ARTICLE 2

      =======

      art.002/2/002/1

      =======


    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;


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


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


  3. “Renewable Energy Standard”;


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


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

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


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


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


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


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

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


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


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


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


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

  16. provisions of § 35-4-27;


  17. (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

  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

  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

  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

  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

    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.


      1. ARTICLE 3

        =======

        art.003/4/003/3/003/2/003/1

        =======


      2. RELATING TO GOVERNMENT REFORM AND REORGANIZATION


      3. SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND


      4. GOVERNMENT" is hereby amended by adding thereto the following chapter:


      5. CHAPTER 9.4


      6. OFFICE OF INSPECTOR GENERAL


      7. 42-9.4-1. Purpose and establishment of office of the inspector general.

      8. (a)(1) There is hereby established an office of the inspector general (the "office") that shall


      9. be an independent and nonpartisan administrative agency whose purpose shall be to investigate the


      10. management and operation of agencies as it relates to the prevention and detection of fraud, waste,


      11. abuse and mismanagement in the expenditure of public funds that harms the public interest.


      12. (2) The jurisdiction, authorization, powers, and duties granted to the office pursuant to this

      13. chapter shall be in addition to, and not in contravention of, any and all jurisdiction, authorization,


      14. powers, and duties of the office of attorney general, any other state or local law enforcement


      15. agency, or the auditor general.


      16. (3) The general assembly shall make adequate appropriations to the office of inspector


      17. general to enable effective operation and independence.


      18. (b) The inspector general shall be appointed by the governor with the advice and consent

      19. of the senate in accordance with § 42-9.4-4 and shall direct and supervise the work of the office as


      20. follows:


      21. (1) The inspector general shall establish the organizational structure appropriate to carry


      22. out the functions and duties of the office and shall have the power to employ, promote, and remove


      23. such deputies, assistants, employees, and personnel as deemed necessary for the efficient and

      24. effective administration of the office.


      25. (2) The inspector general may hire the necessary support staff, and designate a deputy


      26. inspector general and other qualified staff with education or experience in relevant areas, such as


      27. investigations, evidence collection, audits, compliance with laws and other requirements, or other


      28. forms of oversight, enforcement, or government evaluation. Provided, further, the inspector general

29 may contract for services of technical experts, including legal counsel.


30 (3) Within three (3) years after being hired, investigative staff employed by the office shall

  1. become certified by the Association of Inspectors General in at least one of the following fields:


  2. (i) Investigation;


  3. (ii) Auditing; or

  4. (iii) Evaluation.


  5. (c) Nothing in this chapter shall diminish, supersede, limit, or interfere with the statutory


  6. responsibilities and authority of the auditor general as provided in § 22-13-4.


  7. (d) The director of administration is hereby authorized and directed to provide suitable


  8. quarters for the office of inspector general.


  9. 42-9.4-2. Definitions.

  10. As used in this chapter:


  11. (1) "Agency" means a separate agency or unit of state government created or established


  12. by law and includes, but is not limited to, the following entities and officers of any authority, board,


  13. branch, bureau, commission, committee, council, department, division, institution, office, public


  14. corporation, or quasi-agency as the case may be.

  15. Agency shall not mean and shall not include: (i) The legislative branch of state government


  16. and any agency, committee, commission, or unit therein or thereof; or (ii) The judicial branch of


  17. state government and any agency, committee, commission, or unit therein or thereof.


  18. (2) "Contractor" means any person, corporation, partnership, business, committee, or other


  19. organization entity or group of individuals, performing any tasks or duties as defined under a

  20. written or oral contract with an agency.


  21. (3) "Employee" means any person employed by an agency, including agency heads,


  22. directors and commissioners.


  23. (4) "Officer" means any person appointed to any agency.


  24. (5)  "Official"  means  any  person  elected  to  office  within  the  executive  branch  of


  25. government.

  26. (6) "Public funds" means state, federal or local funds, either appropriated, non-appropriated


  27. or given under right of grant.


  28. 42-9.4-3. Qualifications.


  29. To be eligible to be appointed as an inspector general, a candidate shall have, at a minimum,


  30. the following qualifications:

  31. (1) Hold a bachelor's degree or higher in criminal justice, public administration, law


  32. enforcement, accounting, or a related area;


  33. (2) Have at least ten (10) years of professional experience in auditing, investigations, law


  34. enforcement, accounting, or a related area;

    1. (3) Hold a professional certificate from the Association of Inspectors General, including


    2. Certified Inspector General or Certified Inspector General Investigator; and


    3. (4) Demonstrate a commitment to safeguarding the mission of public service. Candidates

    4. must provide prior professional opinions, positions, or actions that may influence the candidate's


    5. approach to the role, which will be subject to public disclosure to the extent permitted under law.


    6. 42-9.4-4. Inspector general -- Appointment -- Removal.


    7. (a) There is hereby established a five (5) member independent advisory commission


    8. comprised of the following individuals:


    9. (1) Attorney general;

    10. (2) General treasurer;


    11. (3) Secretary of state;


    12. (4) Executive director of the ethics commission; and


    13. (5) President of the Association of Inspectors General, or designee.


    14. (b)  The  commission  shall  immediately  be  charged  with  creating  a  process  for  the

    15. application, interview and selection of suitable and qualified candidates as follows:


    16. (1) The commission shall consider applicants for the position of inspector general, in


    17. accordance with this chapter and without regard to political affiliation, on the basis of integrity,


    18. capability for strong leadership and demonstrated ability in accounting, auditing, financial analysis,


    19. law, public administration, investigations, criminal justice administration, or closely related fields.

    20. (2) Within ninety (90) days of the effective date of this chapter, the commission shall


    21. submit to the governor a list of three (3) qualified candidates for inspector general that the governor


    22. shall give due consideration in appointing one individual from the list. Within ninety (90) days of


    23. receiving the list, the governor shall submit to the senate for advice and consent one individual for


    24. appointment as inspector general.


    25. (3) Once confirmed by the senate, the inspector general shall serve for a term of five (5)

    26. years and is eligible for reappointment for a second five (5) year term, in accordance with this


    27. section.


    28. (c) No inspector general may serve longer than two (2) five (5) year terms.


    29. (d) The inspector general and employees shall be subject to chapter 14 of title 36 ("code of


    30. ethics").

    31. (e) Upon a mid-term vacancy of the inspector general, an interim inspector general shall


    32. be appointed in accordance with this section.


    33. (f) No inspector general, officer, or employee of the office of inspector general shall hold


    34. or be a candidate for any other elective or appointed public office while serving as inspector

  1. general.


  2. (g) No inspector general, officer, or employee of the office of inspector general shall hold


  3. a position in any political party, committee, or subcommittee, or participate in any political

  4. campaign of any candidate for public office while serving as inspector general.


  5. (h) Eligibility restriction. The following individuals shall not be nominated for inspector


  6. general until one year after the last day of the individual's holding of any of the following


  7. disqualifying positions:


  8. (1) A member of the general assembly;


  9. (2) Any other public office holder; or

  10. (3) A cabinet secretary, a department director in the executive branch, or an individual of


  11. equivalent standing within the executive branch.


  12. (i) Removal. The person so appointed as inspector general may be removed from office for


  13. cause by the governor prior to the expiration of his or her term. Cause may include substantial


  14. neglect of duty, gross misconduct or conviction of a crime, whether or not it is related to official

  15. work duties.


  16. 42-9.4-5. Jurisdiction -- Powers and duties.


  17. (a) The inspector general shall have jurisdiction over any official, officer, employee, or


  18. agency in the executive branch of state government.


  19. (b) The inspector general shall have the following duties:

  20. (1) Investigate the management and operation of agencies to determine if there has been


  21. evidence of fraud, waste, abuse, mismanagement, or any other abuse of governmental resources


  22. that harms the public interest, whether through acts or omissions;


  23. (2) Investigate retaliation claims regarding whistleblowers;


  24. (3) Report suspected acts of fraud, waste, abuse or mismanagement against or within an


  25. agency to the governor and, as appropriate to other state entities with jurisdiction over the matter;

  26. (4) Conduct special investigations and management reviews of agencies at the request of


  27. the governor;


  28. (5)  Establish  procedures  to  receive,  investigate,  and  resolve  complaints,  including


  29. recommending whether disciplinary action or further investigation by appropriate local, state, or


  30. federal agencies is warranted and taking further action as appropriate;

  31. (6) Instruct and educate agencies on the detection and prevention of fraud, waste, abuse,


  32. and mismanagement; conduct evaluations of relevant agency policies and procedures implicated


  33. by any investigation and create a remedial action plan to prevent recurrences of fraud, waste, abuse,


  34. or mismanagement that harm the public interest; and close an investigation when the inspector

  1. general concludes there is insufficient evidence that a violation has occurred. Closure of any


  2. investigation by the inspector general shall not bar the reopening of the investigation should


  3. circumstances warrant;

  4. (7) Act as a liaison to agencies to promote accountability, integrity, and efficiency in state


  5. government;


  6. (8) Maintain a statewide-toll-free telephone number, website, email address, and physical


  7. mailing address for the receipt of complaints and inquiries;


  8. (9) Work collaboratively, including through any memoranda of understanding, for the


  9. purposes of efficiency, coordination, and avoidance of duplicative work with the attorney general,

  10. local, state or federal law enforcement, the ethics commission, and the auditor general;


  11. (10) Enter into contracts for audits or specialists needed to perform the duties outlined


  12. herein. Provided, further, the inspector general shall coordinate with the auditor general to ensure


  13. efficient utilization of available audit resources; and


  14. (11) When formally requested by a municipal government through a city or town council

  15. resolution, the inspector general may accept a request from a municipality to investigate concerns


  16. regarding fraud, waste, abuse, or mismanagement of state or municipal government funds. All the


  17. powers, duties and procedures of the inspector general set forth in this chapter for investigation of


  18. agencies shall apply to any investigation related to a municipality.


  19. 42-9.4-6. Investigative procedures.

  20. (a) The inspector general shall accept and may investigate complaints or information from


  21. any individual or entity concerning the possible existence of any activity constituting alleged fraud,


  22. waste, abuse, and mismanagement relating to any agency as defined herein.


  23. (b) The inspector general shall not, after receipt of a complaint or information from an


  24. employee, contractor, or private citizen who requests confidentiality, disclose the identity of that


  25. individual, without the written consent of the individual, unless the inspector general determines

  26. such disclosure is necessary and unavoidable during the course of an investigation. In such event,


  27. the individual filing the complaint shall be notified immediately, if possible, of such disclosure


  28. which shall be in accordance with applicable law.


  29. (c) The inspector general shall not investigate complaints from employees that relate to


  30. their employment relationship with the agency, unless the complaint is directly related to fraud,

  31. waste, abuse, or mismanagement or abuse of governmental resources that harms the public interest.


  32. (d) The inspector general may decline to investigate a complaint as provided by the rules


  33. and regulations adopted pursuant to this chapter. If the inspector general declines to investigate a


  34. complaint, he or she shall notify the complainant of the decision not to investigate and the basis for

  1. that determination.


  2. (e) The inspector general may refer a complaint under this chapter to the attorney general;


  3. local, state or federal law enforcement, the auditor general, or the ethics commission.

  4. (f) The inspector general may not levy a fee for the submission or investigation of a


  5. complaint.


  6. (g) The inspector general shall remain neutral and impartial and may not act as an advocate


  7. for the complainant or for the agency.


  8. (h)  The  inspector  general  shall  adhere  to  professional  standards  for  initiating  and


  9. conducting investigations, such as the Principles and Standards for Offices of Inspector General

  10. promulgated by the Association of Inspectors General. Additionally, the office of inspector general


  11. shall be a member of the Association of Inspectors General and participate in the peer review


  12. program of the association as part of the established quality control procedures adopted by the


  13. office.


  14. 42-9.4-7. Conclusion of investigation -- Report -- Decision.

  15. (a) At the conclusion of the investigation of each complaint:


  16. (1) Report. Upon the conclusion of an investigation that results in a finding of fraud, waste,


  17. abuse or mismanagement but prior to issuing a decision, the inspector general shall issue a report


  18. or letter to the agency subject to the investigation, the office of the governor, the attorney general,


  19. the speaker of the house of representatives, the president of the senate and shall release to the public

  20. any such report unless the public release of such report would compromise a pending criminal


  21. investigation noted in the report and known to the inspector general or otherwise be exempt from


  22. disclosure pursuant to chapter 2 of title 38 ("access to public records");


  23. (i) The director of each agency may, within sixty (60) days of receipt of said report,


  24. comment upon any references to the agency contained within the report. The comment, if any, shall


  25. be forwarded to the governor, the attorney general, the speaker of the house of representatives, the

  26. president of the senate, and the office of inspector general.


  27. (2) Decision. The inspector general shall issue a decision on the merits of the complaint,


  28. including his or her recommendations, and the decision shall be posted on the inspector general's


  29. website;


  30. (i) Where the investigation finds that there has been or continues to be fraud, waste, abuse,

  31. mismanagement, or other abuse of governmental resources that harms the public interest or that


  32. there is evidence of a crime, the inspector general shall communicate its findings and decision to


  33. the attorney general, local, state or federal law enforcement, or the auditor general;


  34. (ii) If the complaint is about an employee of an agency or a contractor and the investigation

    1. found no evidence of wrongdoing, the inspector general shall ensure that the public decision does


    2. not  contain  the  name  of  the  individual  investigated  without  the  written  permission  of  that


    3. individual.

    4. (b) Before announcing a decision, the inspector general shall do all of the following:


    5. (1) Consult with the agency and as appropriate, the employee or contractor regarding the


    6. decision;


    7. (2) Provide an opportunity for each person who is the subject of the decision to respond in


    8. writing to the decision within five (5) business days and any response shall be made available to


    9. the public when the decision is released. Provided, however, this does not allow an individual

    10. consulted by the inspector general before an announcement to hinder, prevent, or delay the


    11. inspector general's announcement of a decision.


    12. (c) In the decision, the inspector general may recommend that the agency:


    13. (1) Consider the matter further;


    14. (2) Modify or cancel an action or practice;

    15. (3) Alter a rule, practice, or decision;


    16. (4) Explain in detail the administrative action in question; or


    17. (5) Rectify an omission.


    18. (6) The inspector general shall communicate his or her decision to the complainant, the


    19. agency investigated, and as appropriate, the employee investigated, and the decision shall be posted

    20. on the inspector general's website.


    21. (d) Where the inspector general has discovered fraudulent acts and believes that civil


    22. recovery proceedings may be appropriate, the matter shall be referred to the attorney general.


    23. (1) The attorney general may, upon such referral, institute whatever proceedings it deems


    24. appropriate, including referring the matter to another state or local agency, authorizing the initiation


    25. of  appropriate  civil  proceedings  by  the  inspector  general,  retaining  the  matter  for  further

    26. investigation, or remanding the matter back to the inspector general for further investigation.


    27. (2) If the attorney general declines to take action pursuant to this section, the inspector


    28. general shall have the authority to institute a civil recovery action upon the authorization of the


    29. attorney general.


    30. (e) The public release of the inspector general's decision shall not contain information that

    31. is found to be confidential and/or exempt from disclosure pursuant to this chapter or other


    32. applicable laws, including chapter 2 of title 38 ("access to public records").


    33. (f) Investigator records, including, but not limited to, communications that include the


    34. investigative record may be deemed confidential and exempt from disclosure pursuant to chapter 2

  1. of title 38 ("access to public records") or other applicable laws.


  2. 42-9.4-8. Access to agencies and records.


  3. (a) Agencies shall cooperate with any investigation conducted pursuant to this chapter, and

  4. the inspector general shall have reasonable access to an agency's records as necessary to conduct a


  5. full investigation of a complaint including, but not limited to, the following:


  6. (1) Access to records in the possession of a grantee or contractor;


  7. (2) The opportunity to interview an employee or any other individual who may have


  8. knowledge relating to the complaint under investigation.


  9. (b) The inspector general may inspect and copy all relevant information, records, or

  10. documents that the inspector general considers reasonably necessary in an investigation of a


  11. complaint under this chapter.


  12. (c) The inspector general is authorized to interview any official, officer, or employee


  13. serving in the agency and may inspect and copy any book, record, paper, or electronic file in the


  14. possession of the agency, taking care to preserve the confidentiality of the information.

  15. (d)  Any  knowing  failure  of  any  official,  officer,  or  employee  to  comply  with  an


  16. investigation made pursuant to this chapter or the knowing provision of false information during


  17. an investigation or the destruction or attempted destruction of any relevant materials may be subject


  18. to criminal, civil, and/or administrative penalties.


  19. 42-9.4-9. Oaths -- Subpoenas.

  20. (a) In performing an investigation authorized by this chapter, the inspector general shall


  21. have the authority to administer or take from any person an oath, examine witnesses under oath,


  22. and issue any subpoenas necessary to compel the attendance of witnesses and the production of all


  23. books, records, papers, electronic and tangible items that constitute or contain evidence which the


  24. inspector general finds reasonably relevant or material to the investigation, affirmation, or affidavit,


  25. whenever necessary to perform his or her duties.

  26. (b) Service of any subpoena issued under this chapter shall be made by any designated


  27. person. Service upon a natural person may be made by personal delivery of the subpoena to that


  28. person. Subpoenas may also be served upon a natural person by registered or certified mail and the


  29. return receipt shall constitute prima facie proof of service. Service to a natural person may also be


  30. made by serving as the person's counsel of record. Service may be made upon a domestic or foreign

  31. corporation by delivering the subpoena to an officer, to a managing or general agent, or to any other


  32. agent authorized by appointment or by law to receive service of process. A subpoena requiring the


  33. attendance of a witness may be served at any place within the state and furthermore, process may


  34. be served at any place within the state.

    1. (c) In the case of a refusal to obey any issued subpoena, the inspector general may request


    2. that the attorney general petition the superior court to compel compliance with the subpoena. The


    3. attorney general may petition the court upon such request by the inspector general.

    4. (d) Upon filing of the petition, the court may enter an order directing the individual to


    5. appear before the court at a specified time and place and then and there show cause why they had


    6. not attended, answered questions under penalty of perjury, or produced the requested items as


    7. required by the subpoena. If it appears to the court that the subpoena was properly issued by the


    8. inspector general, the court may enter an order that the person named in the subpoena appear at the


    9. time and place fixed in the order and answer questions under penalty of perjury or produce the

    10. requested items as required. Upon failure to obey the court order, the person may be subject to


    11. contempt of court.


    12. (e) Nothing in this section shall limit or alter a person's existing rights or protections under


    13. state or federal law.


    14. 42-9.4-10. Rules and regulations.

    15. The office shall promulgate rules and regulations which shall govern its proceedings and


    16. operation pursuant to chapter 35 of title 42 ("administrative procedures").


    17. 42-9.4-11. Reporting requirements.


    18. (a) The inspector general shall, no later than April 1 and every year thereafter, file a written


    19. report summarizing the activities of the office for the prior calendar year. The office may also

    20. prepare and file interim reports. These reports shall be forwarded to the governor, lieutenant


    21. governor, attorney general, secretary of state, general treasurer, the speaker of the house, the


    22. president of the senate and the auditor general, and shall be made available to the public.


    23. (b) The report shall include, but not be limited to:


    24. (1)  A  description  of  investigations  undertaken  related  to  fraud,  waste,  abuse,  or


    25. mismanagement within agencies;

    26. (2) A description of any recommendations for corrective action made by the office during


    27. the reporting period with respect to significant deficiencies in the areas of fraud, waste, abuse or


    28. mismanagement;


    29. (3) The identification of each significant recommendation described in previous annual


    30. reports on which corrective action has not been completed;

    31. (4) A summary of matters referred to prosecuting authorities and the status of said referrals;


    32. (5) A summary of matters concerning recovery of monies as a result of civil action


    33. undertaken by the office or after a referral to the attorney general; and


    34. (6) A list of all audit reports completed by the office during the reporting period.

  1. (c) The report of the inspector general shall be made public on the day of the filing. Where


  2. no official disposition has been made by the office, the attorney general, or other law enforcement


  3. agencies, the report shall not list the names of individuals or corporations, nor describe them with

  4. sufficient particularity as to readily identify them to the general public.


  5. 42-9.4-12. Budget submission.


  6. The inspector general shall comply with all budget submission requirements set forth in


  7. chapter 3 of title 35 ("state budget").


  8. 42-9.4-13. Retaliation -- Whistleblower protections.


  9. (a) No agency, officer, or official shall take action against an official, officer, or employee

  10. for disclosing or threatening to disclose the existence of any activity constituting waste, fraud,


  11. abuse, or mismanagement to the inspector general, unless the disclosure or threatened disclosure


  12. was made with knowledge that the disclosure was false or was made with willful disregard for its


  13. truth or falsity.


  14. (b) Any report disclosed by the office may differ from the complete written report in that

  15. the inspector  general shall  have the  discretion to  redact  or  otherwise  protect the  names  of


  16. complainants and witnesses, or other information that, if not redacted, might compromise the


  17. identity of a complainant or witness.


  18. (c) The provisions chapter 50 of title 28 ("the Rhode Island whistleblowers' protection act")


  19. shall be afforded to persons including, but not limited to, employees, reporting information under

  20. this chapter.


  21. 42-9.4-14. Severability.


  22. If any provision of this chapter or the application thereof to any individual or circumstance


  23. is held invalid, such invalidity shall not affect the other provisions or applications of this chapter,


  24. which can be given effect without the invalid provision or application, and to this end the provisions


  25. of this chapter are declared to be severable.

  26. SECTION 2. Section 39-18-2 of the General Laws in Chapter 39-18 entitled "Rhode Island


  27. Public Transit Authority" is hereby amended to read as follows:


  28. 39-18-2.  Authority  created  —  Composition  —  Terms  —  Oath  —  Officers  —


  29. Quorum— Compensation — Conflicts of interest.


  30. (a) There is hereby created a body corporate and politic to be known as the “Rhode Island

  31. public transit authority” (hereinafter “RIPTA”).


  32. (b) The authority shall consist of nine (9) members, one of whom shall be the director of


  33. the department of transportation, or the director’s designee, who shall serve as an ex officio


  34. member, and eight (8) of whom shall be appointed by the governor with the advice and consent of

  1. the senate, with at least one of the eight (8) being a regular user of fixed-route RIPTA transportation


  2. and at least one of the eight (8) being a person with a disability. The governor shall achieve a


  3. diverse membership in the board and shall give due consideration to recommendations for

  4. nominations from the RIPTA Riders Alliance, the National Federation of the Blind of Rhode Island,


  5. the Gray Panthers of Rhode Island, the Sierra Club of Rhode Island, the Rhode Island AFL-CIO,


  6. the RIPTA Transportation Advisory Committee, the Rhode Island business community, the


  7. Amalgamated Transit Union, and the Rhode Island League of Cities and Towns. No one shall be


  8. eligible for appointment unless he or she is a resident of this state.


  9. (c) Those members of the authority as of the effective date of this act [June 16, 2006] who

  10. were appointed to the authority by members of the board of the general assembly shall cease to be


  11. members of the authority on the effective date of this act [June 16, 2006], and the governor shall


  12. thereupon nominate two (2) members, each of whom shall serve the balance of the unexpired term


  13. of their predecessor. Those members of the authority as of the effective date of this act [June 16,


  14. 2006] who were appointed to the authority by the governor shall continue to serve the balance of

  15. their current terms. Thereafter, during the month of January in each year, the governor shall appoint


  16. members to succeed the departing members. The newly appointed members shall serve for a term


  17. of three (3) years, commencing on the day they are qualified. In the event of a vacancy occurring


  18. in the membership, the governor, with the advice and consent of the senate, shall appoint a member


  19. for the unexpired term. Any member of the authority shall be eligible for reappointment.

  20. (d) Each member of the authority, before entering upon the member’s duties, shall take an


  21. oath to administer the duties of the member’s office faithfully and impartially, and the oath shall


  22. be filed in the office of the secretary of state.


  23. (e) The director of the department of transportation shall serve as chairperson. The


  24. authority shall elect one of its members to serve as chairperson, who shall not be the director of the


  25. department of transportation. The authority shall also elect a secretary and such other officers as it

  26. deems necessary.


  27. (f) Five (5) members of the authority shall constitute a quorum. The affirmative vote of a


  28. majority of the members present and voting shall be necessary for any action taken by the authority.


  29. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all


  30. the rights and perform all the duties of the authority.

  31. (g) The members of the authority shall receive no compensation, but shall be reimbursed


  32. for their actual expenses necessarily incurred in the performance of their duties.


  33. (h) No member of the authority shall be in the employ of, or own any stock in, or be in any


  34. way directly or indirectly pecuniarily interested in any railroad corporation, bus, or street railway

  1. company; nor shall any member of the authority personally, or through a partner or agent, render


  2. any professional service or make or perform any business contract with or for any company; nor


  3. shall any member of the authority, directly or indirectly, receive a commission, bonus, discount,

  4. present, or reward from any company.


  5. (i) Members of the authority shall be removable by the governor pursuant to the provisions


  6. of § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to


  7. capacity or fitness for the office shall be unlawful.


  8. (j) The authority shall conduct a training course for newly appointed and qualified members


  9. within six (6) months of their qualification or designation. The course shall be developed by the

  10. general manager of the authority, be approved by the authority, and be conducted by the general


  11. manager of the authority. The authority may approve the use of any authority and/or staff members


  12. and/or individuals to assist with training. The training course shall include instruction in the


  13. following areas: the provisions of chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title


  14. 38; and the authority’s rules and regulations. The director of the department of administration shall

  15. be responsible for the enforcement of the provisions of this subsection.


  16. SECTION 3. Title 42 of the General Laws entitled "STATE AFFAIRS AND


  17. GOVERNMENT" is hereby amended by adding thereto the following chapter:


  18. CHAPTER 13.2


  19. RHODE ISLAND DEPARTMENT OF TRANSPORTATION EFFICIENCY AND

  20. PERFORMANCE AUDIT ACT


  21. 42-13.2-1. Definitions.


  22. As used in this chapter:


  23. (1) “Department” means the Rhode Island department of transportation.


  24. (2) “DOA” means the Rhode Island department of administration.


  25. (3)  “Audit”  means  an  independent  efficiency  and  performance  audit  conducted  in

  26. accordance with this chapter.


  27. (4) “Peer state” means a state transportation agency selected for benchmarking based on


  28. geography, climate, system size, and procurement framework.


  29. 42-13.2-2. Requirement to commission efficiency and performance audit.


  30. (a) The Office of Internal Audit and Program Integrity within DOA shall commission an

  31. efficiency and performance audit of the department.


  32. (b) The audit shall be completed on or before January 1, 2027.


  33. 42-13.2-3. Scope of audit.


  34. (a) The audit shall include, but not be limited to, the following areas:

  1. (1) Asset management, including pavement, bridges, culverts, intelligent transportation


  2. systems assets, backlog replacement needs, and lifecycle cost analysis; and


  3. (2)  Maintenance  efficiency,  including  cost  per  lane-mile,  snow  and  ice  operations

  4. productivity, maintenance productivity, and equipment utilization;


  5. (b) The audit pursuant to this section shall be separate and independent of any audit


  6. conducted by the auditor general pursuant to chapter 13 of title 22 (“auditor general”).


  7. 42-13.2-4. Maintenance and operations efficiency.


  8. The audit conducted pursuant to § 42-13.2-2 shall assess maintenance and operations


  9. efficiency, including:

  10. (1) Cost per lane-mile by district;


  11. (2) Salt and chemical usage normalized by lane-mile and weather severity;


  12. (3) Vehicle and equipment availability and downtime;


  13. (4) Maintenance backlog tracking; and


  14. (5) Overtime utilization and patterns.

  15. 42-13.2-5. Reporting and public availability.


  16. (a) Upon completion, the audit shall be submitted to:


  17. (1) The governor;


  18. (2) The president of the senate;


  19. (3) The speaker of the house of representatives; and

  20. (4) The chairs of the house and senate finance committees.


  21. (b) The final audit report shall be made publicly available on the DOA’s website.


  22. 42-13.2-6. Cooperation and access to records.


  23. The department shall cooperate fully with the audit and provide access to all records, data,


  24. contracts, and personnel reasonably necessary to complete the audit.


  25. SECTION 4. Chapter 42-14 of the General Laws entitled "Department of Business

  26. Regulation" is hereby amended by adding thereto the following section:


  27. 42-14-20. Electronic permitting report.


  28. (a) The department shall include a report that reviews, analyzes, and assesses functions


  29. related to electronic permitting and the electronic permitting platform identified in § 23-27.3-108.2


  30. with its annual budget submission to the office of management and budget for the fiscal year ending

31 June 30, 2027. The report shall additionally contain suggested statutory revisions, including, but


  1. not limited, to clarifying permitting statutes, aligning fees with programmatic costs, and ensuring


  2. efficient administration.


  3. SECTION 5. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled

    1. "Department of Environmental Management" is hereby amended to read as follows:


    2. 42-17.1-2. Powers and duties.


    3. The director of environmental management shall have the following powers and duties:

    4. (1) To supervise and control the protection, development, planning, and utilization of the


    5. natural resources of the state, such resources, including, but not limited to: water, plants, trees, soil,


    6. clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish,


    7. shellfish, and other forms of aquatic, insect, and animal life;


    8. (2) To exercise all functions, powers, and duties heretofore vested in the department of


    9. agriculture and conservation, and in each of the divisions of the department, such as the promotion

    10. of agriculture and animal husbandry in their several branches, including the inspection and


    11. suppression of contagious diseases among animals; the regulation of the marketing of farm


    12. products; the inspection of orchards and nurseries; the protection of trees and shrubs from injurious


    13. insects and diseases; protection from forest fires; the inspection of apiaries and the suppression of


    14. contagious diseases among bees; the prevention of the sale of adulterated or misbranded

    15. agricultural seeds; promotion and encouragement of the work of farm bureaus, in cooperation with


    16. the University of Rhode Island, farmers’ institutes, and the various organizations established for


    17. the purpose of developing an interest in agriculture; together with such other agencies and activities


    18. as the governor and the general assembly may, from time to time, place under the control of the


    19. department; and as heretofore vested by such of the following chapters and sections of the general

    20. laws as are presently applicable to the department of environmental management and that were


    21. previously applicable to the department of natural resources and the department of agriculture and


    22. conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2


    23. entitled “Agriculture and Forestry”; chapters 1 through 17, inclusive, as amended, in title 4 entitled


    24. “Animals and Animal Husbandry”; chapters 1 through 19, inclusive, as amended, in title 20 entitled


    25. “Fish and Wildlife”; chapters 1 through 32, inclusive, as amended, in title 21 entitled “Food and

    26. Drugs”; chapter 7 of title 23, as amended, entitled “Mosquito Abatement”; and by any other general


    27. or public law relating to the department of agriculture and conservation or to any of its divisions or


    28. bureaus;


    29. (3) To exercise all the functions, powers, and duties heretofore vested in the division of


    30. parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled

    31. “Parks and Recreational Areas”; by chapter 22.5 of title 23, as amended, entitled “Drowning


    32. Prevention and Lifesaving”; and by any other general or public law relating to the division of parks


    33. and recreation;


    34. (4) To exercise all the functions, powers, and duties heretofore vested in the division of

      1. harbors and rivers of the department of public works, or in the department itself by such as were


      2. previously applicable to the division or the department, of chapters 1 through 22 and sections


      3. thereof, as amended, in title 46 entitled “Waters and Navigation”; and by any other general or public

      4. law relating to the division of harbors and rivers;


      5. (5) To exercise all the functions, powers, and duties heretofore vested in the department of


      6. health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled “Health and Safety”; and by


      7. chapters 12 and 16 of title 46, as amended, entitled “Waters and Navigation”; by chapters 3, 4, 5,


      8. 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled “Animals and Animal Husbandry”; and


      9. those functions, powers, and duties specifically vested in the director of environmental

      10. management by the provisions of § 21-2-22, as amended, entitled “Inspection of Animals and


      11. Milk”; together with other powers and duties of the director of the department of health as are


      12. incidental to, or necessary for, the performance of the functions transferred by this section;


      13. (6) To cooperate with the Rhode Island commerce corporation in its planning and


      14. promotional functions, particularly in regard to those resources relating to agriculture, fisheries,

      15. and recreation;


      16. (7) To cooperate with, advise, and guide conservation commissions of cities and towns


      17. created under chapter 35 of title 45 entitled “Conservation Commissions”, as enacted by chapter


      18. 203 of the Public Laws, 1960;


      19. (8) To assign or reassign, with the approval of the governor, any functions, duties, or

      20. powers established by this chapter to any agency within the department, except as hereinafter


      21. limited;


      22. (9) To cooperate with the water resources board and to provide to the board facilities,


      23. administrative support, staff services, and other services as the board shall reasonably require for


      24. its operation and, in cooperation with the board and the statewide planning program, to formulate


      25. and maintain a long-range guide plan and implementing program for development of major water-

      26. sources transmission systems needed to furnish water to regional and local distribution systems;


      27. (10) To cooperate with the solid waste management corporation and to provide to the


      28. corporation such facilities, administrative support, staff services, and other services within the


      29. department as the corporation shall reasonably require for its operation;


      30. (11) To provide for the maintenance of waterways and boating facilities, consistent with

      31. chapter 6.1 of title 46, by: (i) Establishing minimum standards for upland beneficial use and


      32. disposal of dredged material; (ii) Promulgating and enforcing rules for water quality, groundwater


      33. protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) Planning for the upland


      34. beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the council

  1. pursuant to § 46-23-6(2); (iv) Cooperating with the coastal resources management council in the


  2. development and implementation of comprehensive programs for dredging as provided for in §§


  3. 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material management and disposal

  4. sites in accordance with the protocols established pursuant to § 46-6.1-5(a)(3) and the


  5. comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties granted herein


  6. shall be construed to abrogate the powers or duties granted to the coastal resources management


  7. council under chapter 23 of title 46, as amended;


  8. (12) To establish minimum standards, subject to the approval of the environmental


  9. standards board, relating to the location, design, construction, and maintenance of all sewage

  10. disposal systems;


  11. (13) To enforce, by such means as provided by law, the standards for the quality of air, and


  12. water, and the design, construction, and operation of all sewage disposal systems; any order or


  13. notice issued by the director relating to the location, design, construction, or maintenance of a


  14. sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director

  15. shall forward the order or notice to the city or town wherein the subject property is located and the


  16. order or notice shall be recorded in the general index by the appropriate municipal official in the


  17. land evidence records in the city or town wherein the subject property is located. Any subsequent


  18. transferee of that property shall be responsible for complying with the requirements of the order or


  19. notice. Upon satisfactory completion of the requirements of the order or notice, the director shall

  20. provide written notice of the same, which notice shall be similarly eligible for recordation. The


  21. original written notice shall be forwarded to the city or town wherein the subject property is located


  22. and the notice of satisfactory completion shall be recorded in the general index by the appropriate


  23. municipal official in the land evidence records in the city or town wherein the subject property is


  24. located. A copy of the written notice shall be forwarded to the owner of the subject property within


  25. five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject

  26. property within thirty (30) days after correction;


  27. (14) To establish minimum standards for the establishment and maintenance of salutary


  28. environmental conditions, including standards and methods for the assessment and the


  29. consideration of the cumulative effects on the environment of regulatory actions and decisions,


  30. which standards for consideration of cumulative effects shall provide for: (i) Evaluation of potential

  31. cumulative effects that could adversely affect public health and/or impair ecological functioning;


  32. (ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate


  33. in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable


  34. to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private

  1. and public wells, unless broader use is approved by the general assembly. The department shall


  2. report to the general assembly not later than March 15, 2008, with regard to the development and


  3. application of the standards and methods in Jamestown;

  4. (15) To establish and enforce minimum standards for permissible types of septage,


  5. industrial-waste disposal sites, and waste-oil disposal sites;


  6. (16) To establish minimum standards, subject to the approval of the environmental


  7. standards board, for permissible types of refuse disposal facilities; the design, construction,


  8. operation, and maintenance of disposal facilities; and the location of various types of facilities;


  9. (17) To exercise all functions, powers, and duties necessary for the administration of

  10. chapter 19.1 of title 23 entitled “Rhode Island Hazardous Waste Management Act”;


  11. (18) To designate, in writing, any person in any department of the state government or any


  12. official of a district, county, city, town, or other governmental unit, with that official’s consent, to


  13. enforce any rule, regulation, or order promulgated and adopted by the director under any provision


  14. of law; provided, however, that enforcement of powers of the coastal resources management

  15. council shall be assigned only to employees of the department of environmental management,


  16. except by mutual agreement or as otherwise provided in chapter 23 of title 46;


  17. (19) To issue and enforce the rules, regulations, and orders as may be necessary to carry


  18. out the duties assigned to the director and the department by any provision of law; and to conduct


  19. investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to

  20. enforce those rules, regulations, and orders. Any license suspended under the rules, regulations,


  21. and/or orders shall be terminated and revoked if the conditions that led to the suspension are not


  22. corrected to the satisfaction of the director within two (2) years; provided that written notice is


  23. given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of


  24. termination.


  25. Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a

  26. contested licensing matter shall occur where resolution substantially deviates from the original


  27. application unless all interested parties shall be notified of the proposed resolution and provided


  28. with opportunity to comment upon the resolution pursuant to applicable law and any rules and


  29. regulations established by the director;


  30. (20) To enter, examine, or survey, at any reasonable time, places as the director deems

  31. necessary to carry out the director’s responsibilities under any provision of law subject to the


  32. following provisions:


  33. (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a


  34. search warrant from an official of a court authorized to issue warrants, unless a search without a

  1. warrant is otherwise allowed or provided by law;


  2. (ii)(A) All administrative inspections shall be conducted pursuant to administrative


  3. guidelines promulgated by the department in accordance with chapter 35 of this title;

  4. (B) A warrant shall not be required for administrative inspections if conducted under the


  5. following circumstances, in accordance with the applicable constitutional standards:


  6. (I) For closely regulated industries;


  7. (II) In situations involving open fields or conditions that are in plain view;


  8. (III) In emergency situations;


  9. (IV) In situations presenting an imminent threat to the environment or public health, safety,

  10. or welfare;


  11. (V) If the owner, operator, or agent in charge of the facility, property, site, or location


  12. consents; or


  13. (VI) In other situations in which a warrant is not constitutionally required.


  14. (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the

  15. director in the director’s discretion deems it advisable, an administrative search warrant, or its


  16. functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of


  17. conducting an administrative inspection. The warrant shall be issued in accordance with the


  18. applicable constitutional standards for the issuance of administrative search warrants. The


  19. administrative standard of probable cause, not the criminal standard of probable cause, shall apply

  20. to applications for administrative search warrants;


  21. (I) The need for, or reliance upon, an administrative warrant shall not be construed as


  22. requiring the department to forfeit the element of surprise in its inspection efforts;


  23. (II) An administrative warrant issued pursuant to this subsection must be executed and


  24. returned within ten (10) days of its issuance date unless, upon a showing of need for additional


  25. time, the court orders otherwise;

  26. (III) An administrative warrant may authorize the review and copying of documents that


  27. are relevant to the purpose of the inspection. If documents must be seized for the purpose of


  28. copying, and the warrant authorizes the seizure, the person executing the warrant shall prepare an


  29. inventory of the documents taken. The time, place, and manner regarding the making of the


  30. inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the

  31. inventory shall be delivered to the person from whose possession or facility the documents were


  32. taken. The seized documents shall be copied as soon as feasible under circumstances preserving


  33. their authenticity, then returned to the person from whose possession or facility the documents were


  34. taken;

    1. (IV) An administrative warrant may authorize the taking of samples of air, water, or soil


    2. or of materials generated, stored, or treated at the facility, property, site, or location. Upon request,


    3. the department shall make split samples available to the person whose facility, property, site, or

    4. location is being inspected;


    5. (V) Service of an administrative warrant may be required only to the extent provided for


    6. in the terms of the warrant itself, by the issuing court.


    7. (D) Penalties. Any willful and unjustified refusal of right of entry and inspection to


    8. department personnel pursuant to an administrative warrant shall constitute a contempt of court and


    9. shall subject the refusing party to sanctions, which in the court’s discretion may result in up to six

    10. (6) months’ imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per


    11. refusal;


    12. (21) To give notice of an alleged violation of law to the person responsible therefor


    13. whenever the director determines that there are reasonable grounds to believe that there is a


    14. violation of any provision of law within the director’s jurisdiction or of any rule or regulation

    15. adopted pursuant to authority granted to the director. Nothing in this chapter shall limit the authority


    16. of the attorney general to prosecute offenders as required by law;


    17. (i) The notice shall provide for a time within which the alleged violation shall be remedied,


    18. and shall inform the person to whom it is directed that a written request for a hearing on the alleged


    19. violation may be filed with the director within twenty (20) days after service of the notice. The

    20. notice will be deemed properly served upon a person if a copy thereof is served the person


    21. personally; or sent by registered or certified mail to the person’s last known address; or if the person


    22. is served with notice by any other method of service now or hereafter authorized in a civil action


    23. under the laws of this state. If no written request for a hearing is made to the director within twenty


    24. (20) days of the service of notice, the notice shall automatically become a compliance order;


    25. (ii)(A) Whenever the director determines that there exists a violation of any law, rule, or

    26. regulation within the director’s jurisdiction that requires immediate action to protect the


    27. environment, the director may, without prior notice of violation or hearing, issue an immediate-


    28. compliance order stating the existence of the violation and the action the director deems necessary.


    29. The compliance order shall become effective immediately upon service or within such time as is


    30. specified by the director in such order. No request for a hearing on an immediate-compliance order

31 may be made;


  1. (B) Any immediate-compliance order issued under this section without notice and prior


  2. hearing shall be effective for no longer than forty-five (45) days; provided, however, that for good


  3. cause shown, the order may be extended one additional period not exceeding forty-five (45) days;

    1. (iii) The director may, at the director’s discretion and for the purposes of timely and


    2. effective resolution and return to compliance, cite a person for alleged noncompliance through the


    3. issuance of an expedited citation in accordance with § 42-17.6-3(c);

    4. (iv) If a person upon whom a notice of violation has been served under the provisions of


    5. this section or if a person aggrieved by any such notice of violation requests a hearing before the


    6. director within twenty (20) days of the service of notice of violation, the director shall set a time


    7. and place for the hearing, and shall give the person requesting that hearing at least five (5) days’


    8. written notice thereof. After the hearing, the director may make findings of fact and shall sustain,


    9. modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that

    10. decision shall be deemed a compliance order and shall be served upon the person responsible in


    11. any manner provided for the service of the notice in this section;


    12. (v) The compliance order shall state a time within which the violation shall be remedied,


    13. and the original time specified in the notice of violation shall be extended to the time set in the


    14. order;

    15. (vi) Whenever a compliance order has become effective, whether automatically where no


    16. hearing has been requested, where an immediate-compliance order has been issued, or upon


    17. decision following a hearing, the director may institute injunction proceedings in the superior court


    18. of the state for enforcement of the compliance order and for appropriate temporary relief, and in


    19. that proceeding, the correctness of a compliance order shall be presumed and the person attacking

    20. the order shall bear the burden of proving error in the compliance order, except that the director


    21. shall bear the burden of proving in the proceeding the correctness of an immediate-compliance


    22. order. The remedy provided for in this section shall be cumulative and not exclusive and shall be


    23. in addition to remedies relating to the removal or abatement of nuisances or any other remedies


    24. provided by law;


    25. (vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30)

    26. days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to


    27. review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the


    28. petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of


    29. certiorari;


    30. (22) To impose administrative penalties in accordance with the provisions of chapter 17.6

    31. of this title and to direct that such penalties be paid into the account established by subsection (26);


    32. (23) The following definitions shall apply in the interpretation of the provisions of this


    33. chapter:


    34. (i) Director: The term “director” shall mean the director of environmental management of

      1. the state of Rhode Island or the director’s duly authorized agent;


      2. (ii) Person: The term “person” shall include any individual, group of individuals, firm,


      3. corporation, association, partnership, or private or public entity, including a district, county, city,

      4. town, or other governmental unit or agent thereof, and in the case of a corporation, any individual


      5. having active and general supervision of the properties of the corporation;


      6. (iii) Service:


      7. (A) Service upon a corporation under this section shall be deemed to include service upon


      8. both the corporation and upon the person having active and general supervision of the properties


      9. of the corporation;

      10. (B) For purposes of calculating the time within which a claim for a hearing is made


      11. pursuant to subsection (21)(i), service shall be deemed to be the date of receipt of such notice or


      12. three (3) days from the date of mailing of the notice, whichever shall first occur;


      13. (24)(i) To conduct surveys of the present private and public camping and other recreational


      14. areas available and to determine the need for and location of other camping and recreational areas

      15. as may be deemed necessary and in the public interest of the state of Rhode Island and to report


      16. back its findings on an annual basis to the general assembly on or before March 1 of every year;


      17. (ii) Additionally, the director of the department of environmental management shall take


      18. additional steps, including, but not limited to, matters related to funding as may be necessary to


      19. establish such other additional recreational facilities and areas as are deemed to be in the public

      20. interest;


      21. (25)(i) To apply for and accept grants and bequests of funds, with the approval of the


      22. director of administration, from other states, interstate agencies, and independent authorities, and


      23. private firms, individuals, and foundations, for the purpose of carrying out the director’s lawful


      24. responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt


      25. account created in the natural resources program for funds made available for that program’s

      26. purposes or in a restricted receipt account created in the environmental protection program for


      27. funds made available for that program’s purposes. All expenditures from the accounts shall be


      28. subject to appropriation by the general assembly, and shall be expended in accordance with the


      29. provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the


      30. event that the trust account balance shows a surplus after the project as provided for in the grant or

      31. bequest has been completed, the director may utilize the appropriated unspecified or appropriated


      32. surplus funds for enhanced management of the department’s forest and outdoor public recreation


      33. areas, or other projects or programs that promote the accessibility of recreational opportunities for


      34. Rhode Island residents and visitors;

1 (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by


2 October 1 of each year, a detailed report on the amount of funds received and the uses made of such


  1. funds;

  2. (26) To establish fee schedules by regulation, with the approval of the governor, for the


  3. processing of applications and the performing of related activities in connection with the


  4. department’s responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to


  5. inspections performed by the department to determine compliance with chapter 19.1 and rules and


  6. regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections


  7. performed by the department to determine compliance with chapter 18.9 and the rules and

  8. regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of


  9. title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant


  10. to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and


  11. administration of underground storage tanks and all other programs administered under chapter 12


  12. of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46, insofar as

  13. they relate to any reviews and related activities performed under the provisions of the Groundwater


  14. Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury-


  15. added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all


  16. enforcement, permitting, and licensing matters to the administrative adjudication division for


  17. environmental matters. Two (2) fee ranges shall be required: for “Appeal of enforcement actions,”

  18. a range of fifty dollars ($50) to one hundred dollars ($100), and for “Appeal of application


  19. decisions,” a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies


  20. from the administrative adjudication fees will be deposited as general revenues and the amounts


  21. appropriated shall be used for the costs associated with operating the administrative adjudication


  22. division.


  23. There is hereby established an account within the general fund to be called the water and

  24. air protection program. The account shall consist of sums appropriated for water and air pollution


  25. control and waste-monitoring programs and the state controller is hereby authorized and directed


  26. to draw his or her orders upon the general treasurer for the payment of the sums, or portions thereof,


  27. as may be required, from time to time, upon receipt by him or her of properly authenticated


  28. vouchers. All amounts collected under the authority of this subsection (26) for the sewage-disposal-

  29. system program and freshwater wetlands program will be deposited as general revenues and the


  30. amounts appropriated shall be used for the purposes of administering and operating the programs.


  31. The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of


  32. each year a detailed report on the amount of funds obtained from fines and fees and the uses made

  1. of the funds;


  2. (27) To establish and maintain a list or inventory of areas within the state worthy of special


  3. designation as “scenic” to include, but not be limited to, certain state roads or highways, scenic

  4. vistas, and scenic areas, and to make the list available to the public;


  5. (28) To establish and maintain an inventory of all interests in land held by public and


  6. private land trust and to exercise all powers vested herein to ensure the preservation of all identified


  7. lands;


  8. (i) The director may promulgate and enforce rules and regulations to provide for the orderly


  9. and consistent protection, management, continuity of ownership and purpose, and centralized

  10. records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part


  11. through other interests, rights, or devices such as conservation easements or restrictions, by private


  12. and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each


  13. document submitted by a land trust;


  14. (ii) The term “public land trust” means any public instrumentality created by a Rhode

  15. Island municipality for the purposes stated herein and financed by means of public funds collected


  16. and appropriated by the municipality. The term “private land trust” means any group of five (5) or


  17. more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a


  18. nonbusiness corporation for the purposes stated herein, or a national organization such as the nature


  19. conservancy. The main purpose of either a public or a private land trust shall be the protection,

  20. acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features,


  21. areas, or open space for the purpose of managing or maintaining, or causing to be managed or


  22. maintained by others, the land, water, and other natural amenities in any undeveloped and relatively


  23. natural state in perpetuity. A private land trust must be granted exemption from federal income tax


  24. under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its


  25. incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A

  26. private land trust may not be incorporated for the exclusive purpose of acquiring or accepting


  27. property or rights in property from a single individual, family, corporation, business, partnership,


  28. or other entity. Membership in any private land trust must be open to any individual subscribing to


  29. the purposes of the land trust and agreeing to abide by its rules and regulations including payment


  30. of reasonable dues;

  31. (iii)(A) Private land trusts will, in their articles of association or their bylaws, as


  32. appropriate, provide for the transfer to an organization, created for the same or similar purposes, of


  33. the assets, lands and land rights, and interests held by the land trust in the event of termination or


  34. dissolution of the land trust;

    1. (B) All land trusts, public and private, will record in the public records, of the appropriate


    2. towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other interests


    3. and rights acquired in land and will also file copies of all such documents and current copies of

    4. their articles of association, their bylaws, and their annual reports with the secretary of state and


    5. with the director of the Rhode Island department of environmental management. The director is


    6. hereby directed to establish and maintain permanently a system for keeping records of all private


    7. and public land trust land holdings in Rhode Island;


    8. (29) The director will contact in writing, not less often than once every two (2) years, each


    9. public or private land trust to ascertain: that all lands held by the land trust are recorded with the

    10. director; the current status and condition of each land holding; that any funds or other assets of the


    11. land trust held as endowment for specific lands have been properly audited at least once within the


    12. two-year (2) period; the name of the successor organization named in the public or private land


    13. trust’s bylaws or articles of association; and any other information the director deems essential to


    14. the proper and continuous protection and management of land and interests or rights in land held

    15. by the land trust. In the event that the director determines that a public or private land trust holding


    16. land or interest in land appears to have become inactive, the director shall initiate proceedings to


    17. effect the termination of the land trust and the transfer of its lands, assets, land rights, and land


    18. interests to the successor organization named in the defaulting trust’s bylaws or articles of


    19. association or to another organization created for the same or similar purposes. Should such a

    20. transfer not be possible, then the land trust, assets, and interest and rights in land will be held in


    21. trust by the state of Rhode Island and managed by the director for the purposes stated at the time


    22. of original acquisition by the trust. Any trust assets or interests other than land or rights in land


    23. accruing to the state under such circumstances will be held and managed as a separate fund for the


    24. benefit of the designated trust lands;


    25. (30) Consistent with federal standards, issue and enforce such rules, regulations, and orders

    26. as may be necessary to establish requirements for maintaining evidence of financial responsibility


    27. for taking corrective action and compensating third parties for bodily injury and property damage


    28. caused by sudden and non-sudden accidental releases arising from operating underground storage


    29. tanks;


    30. (31) To enforce, by such means as provided by law, the standards for the quality of air, and

    31. water, and the location, design, construction, and operation of all underground storage facilities


    32. used for storing petroleum products or hazardous materials; any order or notice issued by the


    33. director relating to the location, design, construction, operation, or maintenance of an underground


    34. storage facility used for storing petroleum products or hazardous materials shall be eligible for

  1. recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or


  2. town wherein the subject facility is located, and the order or notice shall be recorded in the general


  3. index by the appropriate municipal officer in the land evidence records in the city or town wherein

  4. the subject facility is located. Any subsequent transferee of that facility shall be responsible for


  5. complying with the requirements of the order or notice. Upon satisfactory completion of the


  6. requirements of the order or notice, the director shall provide written notice of the same, which


  7. notice shall be eligible for recordation. The original, written notice shall be forwarded to the city


  8. or town wherein the subject facility is located, and the notice of satisfactory completion shall be


  9. recorded in the general index by the appropriate municipal official in the land evidence records in

  10. the city or town wherein the subject facility is located. A copy of the written notice shall be


  11. forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any


  12. event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction;


  13. (32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in


  14. accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank

  15. Financial Responsibility Act, as amended;


  16. (33) To support, facilitate, and assist the Rhode Island Natural History Survey, as


  17. appropriate and/or as necessary, in order to accomplish the important public purposes of the survey


  18. in gathering and maintaining data on Rhode Island natural history; making public presentations and


  19. reports on natural history topics; ranking species and natural communities; monitoring rare species

  20. and communities; consulting on open-space acquisitions and management plans; reviewing


  21. proposed federal and state actions and regulations with regard to their potential impact on natural


  22. communities; and seeking outside funding for wildlife management, land management, and


  23. research;


  24. (34) To promote the effective stewardship of lakes, ponds, rivers, and streams including,


  25. but not limited to, collaboration with watershed organizations and associations of lakefront property

  26. owners on planning and management actions that will prevent and mitigate water quality


  27. degradation, reduce the loss of native habitat due to infestation of non-native species, abate


  28. nuisance conditions that result from excessive growth of algal or non-native plant species as well


  29. as promote healthy freshwater riverine ecosystems;


  30. (35) In implementing the programs established pursuant to this chapter, to identify critical

  31. areas for improving service to customers doing business with the department, and to develop and


  32. implement strategies to improve performance and effectiveness in those areas. Key aspects of a


  33. customer-service program shall include, but not necessarily be limited to, the following


  34. components:

    1. (i) Maintenance of an organizational unit within the department with the express purpose


    2. of providing technical assistance to customers and helping customers comply with environmental


    3. regulations and requirements;

    4. (ii) Maintenance of an employee training program to promote customer service across the


    5. department;


    6. (iii) Implementation of a continuous business process evaluation and improvement effort,


    7. including process reviews to encourage development of quality proposals; ensure timely and


    8. predictable reviews; and result in effective decisions and consistent follow up and implementation


    9. throughout the department; and publish an annual report on such efforts;

    10. (iv) Creation of a centralized location for the acceptance of permit applications and other


    11. submissions to the department;


    12. (v) Maintenance of a process to promote, organize, and facilitate meetings prior to the


    13. submission of applications or other proposals in order to inform the applicant on options and


    14. opportunities to minimize environmental impact; improve the potential for sustainable

    15. environmental compliance; and support an effective and efficient review and decision-making


    16. process on permit applications related to the proposed project;


    17. (vi) Development of single permits under multiple authorities otherwise provided in state


    18. law to support comprehensive and coordinated reviews of proposed projects. The director may


    19. address and resolve conflicting or redundant process requirements in order to achieve an effective

    20. and efficient review process that meets environmental objectives; and


    21. (vii) Exploration of the use of performance-based regulations coupled with adequate


    22. inspection and oversight, as an alternative to requiring applications or submissions for approval


    23. prior to initiation of projects;


    24. (36) To formulate and promulgate regulations requiring any dock or pier longer than twenty


    25. feet (20′) and located on a freshwater lake or pond to be equipped with reflective materials, on all

    26. sides facing the water, of an appropriate width and luminosity such that it can be seen by operators


    27. of watercraft;


    28. (37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel


    29. additive required or regulated by the department if the director finds that:


    30. (i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the

    31. New England region that prevent the distribution of an adequate supply of the fuel or fuel additive


    32. to consumers;


    33. (ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural


    34. disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not

  1. reasonably have been foreseen; and


  2. (iii) It is in the public interest to grant the waiver.


  3. Any temporary waiver shall be made in writing and shall be effective for twenty (20)

  4. calendar days; provided, that the director may renew the temporary waiver, in writing, if it is


  5. deemed necessary; and


  6. (38)(i) To designate by rule certain waters of the state as shellfish or marine life project


  7. management areas for the purpose of enhancing the cultivation and growth of marine species,


  8. managing the harvest of marine species, facilitating the conduct by the department of experiments


  9. in planting, cultivating, propagating, managing, and developing any and all kinds of marine life,

  10. and any other related purpose.


  11. (ii) Any such designation shall be by reference to fixed landmarks and include an explicit


  12. description of the area to be designated.


  13. (iii) Once so designated, the director may adopt rules and regulations addressing


  14. restrictions on the quantities, types, or sizes of marine species that may be taken in any individual

  15. management area, the times during which marine species may be taken, the manner or manners in


  16. that marine species may be taken, the closure of such area to the taking of marine species, or any


  17. other specific restrictions as may be deemed necessary. Such rules shall be exempt from the


  18. requirements of §§ 42-35-2.7, 42-35-2.8, and 42-35-2.9.


  19. (iv) The director, upon the designation of a management area, may place any stakes,

  20. bounds, buoys, or markers with the words “Rhode Island department of environmental


  21. management” plainly marked on them, as will approximate the management area. Failure to place


  22. or maintain the stakes, bounds, buoys, or markers shall not be admissible in any judicial or


  23. administrative proceeding.


  24. (v) Nothing in this section shall prevent the director from implementing emergency rules


25 pursuant to § 42-35-2.10.

  1. (39) To enter into agreements with such departments, divisions, agencies, or boards of the


  2. state to regulate, manage, or perform related functions on any lands or waters acquired under the


  3. provisions of the Big River — Wood River Reservoir Site Acquisition Act (Pub. L. 1964, chapter


  4. 133).


  5. SECTION 6. Chapter 42-17.1 of the General Laws entitled "Department of Environmental

  6. Management" is hereby amended by adding thereto the following section:


  7. 42-17.1-47. Big River Reservoir — Administration.


  8. The Rhode Island department of environmental management, established pursuant to


  9. chapter 17.1 of this title, shall administer those lands acquired for the Big River Reservoir as

  1. established under section 23 of chapter 133 of the Pub. L. 1964. The director of the department of


  2. environmental management and the director’s authorized agents, employees, and designees shall


  3. manage the land and natural resources of the Big River Reservoir. The lands of the Big River

  4. Reservoir are subject to enforcement authority of the department of environmental management,


  5. as provided for in chapter 17.1 of this title, and as provided for in title 20. Nothing contained herein


  6. shall be construed to affect any of the powers granted to the water resources board ("agency") with


  7. regard to freshwater resource management pursuant to chapters 15 and 15.1 of title 46.


  8. Effective  July  1,  2026,  the  department  of  environmental  management  will  assume


  9. responsibility for all land use planning and for promulgating the rules and regulations regarding the

  10. administration of the Big River Reservoir consistent with the requirements of § 37-20-1. The rules


  11. and regulations promulgated under 490-RICR-00-00-5 of the Rhode Island code of regulations will


  12. remain in full force and effect until such a time as the rules and regulations are properly transferred


  13. to and promulgated by the department of environmental management's title within the Rhode Island


  14. code of regulations.

  15. SECTION 7. Sections 42-28-5 and 42-28-22 of the General Laws in Chapter 42-28 entitled


  16. "State Police" are hereby amended to read as follows:


  17. 42-28-5. Superintendent — Appointment, tenure, duties, and retirement.


  18. (a) The governor shall appoint the superintendent of state police, who shall serve at the


  19. pleasure of the governor and shall perform the duties prescribed by this chapter.

  20. (b) Any superintendent who has served for at least ten (10) years and has reached the age


  21. of sixty (60) years, may resign the superintendent’s office, and thereafter shall receive annually


  22. during his or her life a sum equal to fifty percent (50%) of the salary the superintendent was


  23. receiving at the time of the superintendent’s resignation, or for any superintendent hired on or after


24 July 1, 2012, a sum equal to fifty percent (50%) of the average compensation as defined in § 36-8-


  1. 1(5)(a) the superintendent was receiving at the time of the superintendent’s resignation.

  2. (c) In no event shall the retirement allowance granted to a superintendent in accordance


  3. with subsection (b) plus any other retirement allowance received by the superintendent from any


  4. state or municipal retirement system exceed seventy-five percent (75%) of the average


  5. compensation as defined in § 36-8-1(5)(a) the superintendent was receiving at the time of the


  6. superintendent’s resignation. This subsection (c) shall only apply to superintendents hired on or

  7. after July 1, 2012.


  8. 42-28-22. Retirement of members.


  9. (a) Whenever any member of the state police hired prior to July 1, 2007, has served for


  10. twenty (20) years, the member may retire therefrom or they may be retired by the superintendent

  1. with the approval of the governor, and in either event a sum equal to one-half (½) of the whole


  2. salary for the position from which the member retired determined on the date the member receives


  3. their first retirement payment shall be paid the member during life.

  4. (b) For purposes of this section, the term “whole salary” means:


  5. (1) For each member who retired prior to July 1, 1966, “whole salary” means the base


  6. salary for the position from which the member retired as the base salary for that position was


  7. determined on July 31, 1972;


  8. (2) For each member who retired between July 1, 1966, and June 30, 1973, “whole salary”


  9. means the base salary for the position from which the member retired as the base salary,

  10. implemented by the longevity increment, for that position was determined on July 31, 1972, or on


  11. the date of the member’s retirement, whichever is greater;


  12. (3) For each member who retired or who retires after July 1, 1973, “whole salary” means


  13. the base salary, implemented by the longevity increment, holiday pay, and clothing allowance, for


  14. the position from which the member retired or retires.

  15. (c)(1) Any member who retired prior to July 1, 1977, shall receive a benefits payment


  16. adjustment equal to three percent (3%) of the member’s original retirement, as determined in


  17. subsection (b) of this section, in addition to the member’s original retirement allowance. In each


  18. succeeding year thereafter during the month of January, the retirement allowance shall be increased


  19. an additional three percent (3%) of the original retirement allowance, not compounded, to be

  20. continued until January 1, 1991. For the purposes of the computation, credit shall be given for a


  21. full calendar year regardless of the effective date of the service retirement allowance. For purposes


  22. of this subsection, the benefits payment adjustment shall be computed from January 1, 1971, or the


  23. date of retirement, whichever is later in time.


  24. (2) Any member of the state police who retires pursuant to the provisions of this chapter


  25. on or after January 1, 1977, shall on the first day of January, next following the third anniversary

  26. date of the retirement receive a benefits payment adjustment, in addition to their retirement


  27. allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each


  28. succeeding year thereafter during the month of January, the retirement allowance shall be increased


  29. an additional three percent (3%) of the original retirement allowance, not compounded, to be


  30. continued until January 1, 1991. For the purposes of the computation, credit shall be given for a

  31. full calendar year regardless of the effective date of the service retirement allowance.


  32. (3) Any retired member of the state police who is receiving a benefit payment adjustment


  33. pursuant to subsections (c)(1) and (c)(2) of this section shall beginning January 1, 1991, and ending


  34. June 30, 2012, receive a benefits payment adjustment equal to fifteen hundred dollars ($1,500).

    1. (d) The benefits payment adjustment as provided in this section shall apply to and be in


    2. addition to the retirement benefits under the provisions of § 42-28-5, and to the injury and death


    3. benefits under the provisions of § 42-28-21.

    4. (e)(1) Any member who retires after July 1, 1972, and is eligible to retire prior to July 1,


    5. 2012, and who has served beyond twenty (20) years shall be allowed an additional amount equal


    6. to three percent (3%) for each completed year served after twenty (20) years, but in no event shall


    7. the original retirement allowance exceed sixty-five percent (65%) of the member’s whole salary as


    8. defined in subsection (b) hereof or sixty-five percent (65%) of the member’s salary as defined in


    9. subsection (b) hereof in the member’s twenty-fifth (25th) year whichever is less.

    10. (2) Each member who retired prior to July 1, 1975, shall be entitled to all retirement


    11. benefits as set forth above or shall be paid benefits as set forth in subsection (b)(1) with “whole


    12. salary” meaning the base salary for the position from which the member retired as the base salary


    13. for the position was determined on July 1, 1975, whichever is greater.


    14. (f)(1) Any member who retires, has served as a member for twenty (20) years or more, and

    15. who served for a period of six (6) months or more of active duty in the armed service of the United


    16. States or in the merchant marine service of the United States as defined in § 2 of chapter 1721 of


    17. the Public Laws, 1946, may purchase credit for such service up to a maximum of two (2) years;


    18. provided that any member who has served at least six (6) months or more in any one year shall be


    19. allowed to purchase one year for such service and any member who has served a fraction of less

    20. than six (6) months in the member’s total service shall be allowed to purchase six (6) months’ credit


    21. for such service.


    22. (2) The cost to purchase these credits shall be ten percent (10%) of the member’s first year


    23. salary as a state policeman multiplied by the number of years and/or fraction thereof of such armed


    24. service up to a maximum of two (2) years. The purchase price shall be paid into the general fund.


    25. For members hired on or after July 1, 1989, the purchase price shall be paid into a restricted revenue

    26. account entitled “state police retirement benefits” and shall be held in trust.


    27. (3) There will be no interest charge provided the member makes such purchase during their


    28. twentieth (20th) year or within five (5) years from May 18, 1981, whichever is later, but will be


    29. charged regular rate of interest as defined in § 36-8-1 as amended to date of purchase from the date


    30. of the member’s twentieth (20th) year of state service or five (5) years from May 18, 1981,

    31. whichever is later.


    32. (4) Any member who is granted a leave of absence without pay for illness, injury, or any


    33. other reason may receive credit therefor by making the full actuarial cost as defined in § 36-8-


    34. 1(10); provided the employee returns to state service for at least one year upon completion of the

  1. leave.


  2. (5) In no event shall the original retirement allowance exceed sixty-five percent (65%) of


  3. the member’s whole salary as defined in subsection (b) hereof or sixty-five percent (65%) of the

  4. member’s salary as defined in subsection (b) hereof in the member’s twenty-fifth (25th) year,


  5. whichever is less.


  6. (6) Notwithstanding any other provision of law, no more than five (5) years of service


  7. credit may be purchased by a member of the system. The five-year (5) limit shall not apply to any


  8. purchases made prior to January 1, 1995. A member who has purchased more than five (5) years


  9. of service credits before January 1, 1995, shall be permitted to apply those purchases towards the

  10. member’s service retirement. However, no further purchase will be permitted. Repayment in


  11. accordance with applicable law and regulation of any contribution previously withdrawn from the


  12. system shall not be deemed a purchase of service credit.


  13. (g) The provisions of this section shall not apply to civilian employees in the Rhode Island


  14. state police; and, further, from and after April 28, 1937, chapters 8 — 10, inclusive, of title 36 shall

  15. not be construed to apply to the members of the Rhode Island state police, except as provided by


  16. §§ 36-8-3, 36-10-1.1, 42-28-22.1, and 42-28-22.2, and § 36-8-1(5) and (8)(a) effective July 1, 2012.


  17. (h) Any member of the state police other than the superintendent of state police, who is


  18. hired prior to July 1, 2007, and retires prior to July 1, 2026, and who has served for twenty-five


  19. (25) years or who has attained the age of sixty-two (62) years, whichever shall first occur, shall

  20. retire therefrom.


  21. (i)(1) Any member of the state police, other than the superintendent, who is hired on or


  22. after July 1, 2007, and retires prior to July 1, 2026, and who has served for twenty-five (25) years,


23 may retire therefrom or the member may be retired by the superintendent with the approval of the


  1. governor, and shall be entitled to a retirement allowance of fifty percent (50%) of the member’s


  2. “whole salary” as defined in subsection (b) hereof.

  3. (2) Any member of the state police who is hired on or after July 1, 2007, and retires prior


  4. to July 1, 2026, may serve up to a maximum of thirty (30) years, and shall be allowed an additional


  5. amount equal to three percent (3.0%) for each completed year served after twenty-five (25) years,


  6. but in no event shall the original retirement allowance exceed sixty-five percent (65%) of his or her


  7. “whole salary” as defined in subsection (b) hereof.

  8. (j) Effective July 1, 2012, and ending June 30, 2026, any other provision of this section


  9. notwithstanding:


  10. (1) Any member of the state police, other than the superintendent of state police, who is


  11. not eligible to retire on or prior to June 30, 2012, may retire at any time subsequent to the date the

  1. member’s retirement allowance equals or exceeds fifty percent (50%) of average compensation as


  2. defined in § 36-8-1(5)(a), provided that a member shall retire upon the first to occur of:


  3. (i) The date the member’s retirement allowance equals sixty-five percent (65%); or

  4. (ii) The later of the attainment of age sixty-two (62) or completion of five (5) years of


  5. service; provided however, any current member as of June 30, 2012, who has not accrued fifty


  6. percent (50%) upon attaining the age of sixty-two (62) shall retire upon accruing fifty percent


  7. (50%); and upon retirement a member shall receive a retirement allowance which shall equal:


  8. (A) For members hired prior to July 1, 2007, and retiring prior to July 1, 2026, the sum of


  9. (i), (ii), and (iii) where:

  10. (i) is calculated as the member’s years of total service before July 1, 2012, multiplied by


  11. two and one-half percent (2.5%) of average compensation for a member’s first twenty (20) total


  12. years,


  13. (ii) is calculated as the member’s years of total service before July 1, 2012, in excess of


  14. twenty (20) years not to exceed twenty-five (25) years multiplied by three percent (3%) of average

  15. compensation, and


  16. (iii) is the member’s years of total service on or after July 1, 2012, multiplied by two


  17. percent (2%) of average compensation as defined in § 36-8-1(5)(b).


  18. (B) For members hired on or after July 1, 2007, the member’s retirement allowance shall


  19. be calculated as the member’s years of total contributory service multiplied by two percent (2%)

  20. of average compensation as defined in § 36-8-1(5).


  21. (C) Any member of the state police who is eligible to retire on or prior to June 30, 2012,


  22. shall retire with a retirement allowance calculated in accordance with subsections (a) and (e) above


  23. except that whole salary shall be defined as final compensation where compensation for purposes


  24. of this section and § 42-28-22.1 includes base salary, longevity, and holiday pay.


  25. (D) Notwithstanding the preceding provisions, in no event shall a member’s final

  26. compensation be lower than their final compensation determined as of June 30, 2012.


  27. (2) In no event shall a member’s original retirement allowance under any provisions of this


  28. section exceed sixty-five percent (65%) of their average compensation.


  29. (3) For each member who retires on or after July 1, 2012, except as provided in subsection


  30. (j)(1)(ii)(C) above, compensation and average compensation shall be defined in accordance with §

  31. 36-8-1(5)(a) and (8), provided that for a member whose regular work period exceeds one hundred


  32. forty-seven (147) hours over a twenty-four-day (24) period at any time during the four-year (4)


  33. period immediately prior to the member’s retirement, that member shall have up to four hundred


  34. (400) hours of their pay for regularly scheduled work earned during this period shall be included

  1. as “compensation” and/or “average compensation” for purposes of this section and § 42-28-22.1.


  2. (4) This subsection (j)(4) shall be effective for the period July 1, 2012, through June 30,


    3 2015.

    1. (i) Notwithstanding the prior subsections of this section, and subject to subsection (j)(4)(ii)


    2. below, for all present and former members, active and retired members, and beneficiaries receiving


    3. any retirement, disability or death allowance or benefit of any kind, whether for or on behalf of a


    4. non-contributory member or contributory member, the annual benefit adjustment provided in any


    5. calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal to the


    6. percentage determined by subtracting five and one-half percent (5.5%) (the “subtrahend”) from the

    7. Five-Year Average Investment Return of the retirement system determined as of the last day of the


    8. plan year preceding the calendar year in which the adjustment is granted, said percentage not to


    9. exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the lesser


    10. of the member’s retirement allowance or the first twenty-five thousand dollars ($25,000) of


    11. retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually

    12. in the same percentage as determined under (4)(i)(A) above. The “Five-Year Average Investment


    13. Return” shall mean the average of the investment returns for the most recent five (5) plan years as


    14. determined by the retirement board. Subject to subsection (j)(4)(ii) below, the benefit adjustment


    15. provided by this subsection (j)(4)(i) shall commence upon the third (3rd) anniversary of the date of


    16. retirement or the date on which the retiree reaches age fifty-five (55), whichever is later. In the

    17. event the retirement board adjusts the actuarially assumed rate of return for the system, either


    18. upward or downward, the subtrahend shall be adjusted either upward or downward in the same


    19. amount.


    20. (ii) Except as provided in subsection (j)(4)(iii), the benefit adjustments under this section


    21. for any plan year shall be suspended in their entirety unless the funded ratio of the employees’


    22. retirement system of Rhode Island, the judicial retirement benefits trust, and the state police

    23. retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds eighty


    24. percent (80%) in which event the benefit adjustment will be reinstated for all members for such


    25. plan year.


    26. In determining whether a funding level under this subsection (j)(4)(ii) has been achieved,


    27. the actuary shall calculate the funding percentage after taking into account the reinstatement of any

    28. current or future benefit adjustment provided under this section.


    29. (iii) Notwithstanding subsection (j)(4)(ii), in each fifth plan year commencing after June


    30. 30, 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of


    31. five (5) plan years, a benefit adjustment shall be calculated and made in accordance with subsection

    1. (j)(4)(i) above until the funded ratio of the employees’ retirement system of Rhode Island, the


    2. judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the


    3. system’s actuary on an aggregate basis, exceeds eighty percent (80%).

    4. (iv) The provisions of this subsection (j)(4) shall become effective July 1, 2012, and shall


    5. apply to any benefit adjustment not granted on or prior to June 30, 2012.


    6. (v) The cost-of-living adjustment as provided in this subsection (j)(4) shall apply to and be


    7. in addition to the retirement benefits under the provisions of § 42-28-5 and to the injury and death


    8. benefits under the provisions of § 42-28-21.


    9. (5) This subsection (j)(5) shall become effective July 1, 2015.

    10. (i)(A) As soon as administratively reasonable following the enactment into law of this


    11. subsection (j)(5)(i)(A), a one-time benefit adjustment shall be provided to members and/or


    12. beneficiaries of members who retired on or before June 30, 2012, in the amount of two percent


    13. (2%) of the lesser of either the member’s retirement allowance or the first twenty-five thousand


    14. dollars ($25,000) of the member’s retirement allowance. This one-time benefit adjustment shall be

    15. provided without regard to the retiree’s age or number of years since retirement.


    16. (B) Notwithstanding the prior subsections of this section, for all present and former


    17. members, active and retired members, and beneficiaries receiving any retirement, disability or


    18. death allowance or benefit of any kind, the annual benefit adjustment provided in any calendar year


    19. under this section for adjustments on and after January 1, 2016, and subject to subsection (j)(5)(ii)

    20. below, shall be equal to (I) multiplied by (II):


    21. (I) shall equal the sum of fifty percent (50%) of (1) plus fifty percent (50%) of (2) where:


    22. (1) is equal to the percentage determined by subtracting five and one-half percent (5.5%)


    23. (the “subtrahend”) from the five-year average investment return of the retirement system


    24. determined as of the last day of the plan year preceding the calendar year in which the adjustment


    25. is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent

    26. (0%). The “five-year average investment return” shall mean the average of the investment returns


    27. of the most recent five (5) plan years as determined by the retirement board. In the event the


    28. retirement board adjusts the actuarially assumed rate of return for the system, either upward or


    29. downward, the subtrahend shall be adjusted either upward or downward in the same amount.


    30. (2) is equal to the lesser of three percent (3%) or the percentage increase in the Consumer

    31. Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor


    32. Statistics determined as of September 30 of the prior calendar year.


    33. In no event shall the sum of (1) plus (2) exceed three and one-half percent (3.5%) or be


    34. less than zero percent (0%).

      1. (II) is equal to the lesser of either the member’s retirement allowance or the first twenty-


      2. five thousand eight hundred fifty-five dollars ($25,855) of retirement allowance, such amount to


      3. be indexed annually in the same percentage as determined under (j)(5)(i)(B)(I) above. The benefit

      4. adjustments provided by this subsection (j)(5)(i)(B) shall be provided to all retirees entitled to


      5. receive a benefit adjustment as of June 30, 2012, under the law then in effect, and for all other


      6. retirees the benefit adjustments shall commence upon the third anniversary of the date of retirement


      7. or the date on which the retiree reaches their Social Security retirement age, whichever is later.


      8. (ii) Except as provided in subsection (j)(5)(iii), the benefit adjustments under subsection


      9. (j)(5)(i)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the

      10. employees’ retirement system of Rhode Island, the judicial retirement benefits trust, and the state


      11. police retirement benefits trust, calculated by the system’s actuary on an aggregate basis, exceeds


      12. eighty percent (80%) in which event the benefit adjustment will be reinstated for all members for


      13. such plan year. Effective July 1, 2024, the funded ratio of the employees’ retirement system of


      14. Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust,

      15. calculated by the system’s actuary on an aggregate basis, of exceeding eighty percent (80%) for the


      16. benefit adjustment to be reinstated for all members for such plan year shall be replaced with


      17. seventy-five percent (75%).


      18. In determining whether a funding level under this subsection (j)(5)(ii) has been achieved,


      19. the actuary shall calculate the funding percentage after taking into account the reinstatement of any

      20. current or future benefit adjustment provided under this section.


      21. (iii) Notwithstanding subsection (j)(5)(ii), in each fourth plan year commencing after June


      22. 30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of


      23. four plan years: (A) A benefit adjustment shall be calculated and made in accordance with


      24. subsection (j)(5)(i)(B) above; and (B) Effective for members and/or beneficiaries of members who


      25. retired on or before June 30, 2015, the dollar amount in (j)(5)(i)(B)(II) of twenty-five thousand

      26. eight hundred fifty-five dollars ($25,855) shall be replaced with thirty-one thousand twenty-six


      27. dollars ($31,026) until the funded ratio of the employees’ retirement system of Rhode Island, the


      28. judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the


      29. system’s actuary on an aggregate basis, exceeds eighty percent (80%). Effective July 1, 2024, the


      30. funded ratio of the employees’ retirement system of Rhode Island, the judicial retirement benefits

      31. trust, and the state police retirement benefits trust, calculated by the system’s actuary on an


      32. aggregate basis, of exceeding eighty percent (80%) shall be replaced with seventy-five percent


      33. (75%).


      34. (iv) Effective for members and/or beneficiaries of members who have retired on or before

        1 July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60)


        1. days following the enactment of the legislation implementing this provision, and a second one-time


        2. stipend of five hundred dollars ($500) in the same month of the following year. These stipends

        3. shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable


        4. payment date and shall not be considered cost of living adjustments under the prior provisions of


        5. this section.


        6. (6) Any member with contributory service on or after July 1, 2012, who has completed at


        7. least five (5) years of contributory service but who has not retired in accordance with subsection


        8. (j)(1) above, shall be eligible to retire upon the attainment of the member’s Social Security

        9. retirement age as defined in § 36-8-1(20).


        10. (7) In no event shall a member’s retirement allowance be less than the member’s retirement


        11. allowance calculated as of June 30, 2012, based on the member’s years of total service and whole


        12. salary as of June 30, 2012.


        13. (k) In calculating the retirement benefit for any member, the term base salary as used in

        14. subsection (b)(3) or average compensation as used in subsection (j) shall not be affected by a


        15. deferral of salary plan or a reduced salary plan implemented to avoid shutdowns or layoffs or to


        16. effect cost savings. Basic salary shall remain for retirement calculation that which it would have


        17. been but for the salary deferral or salary reduction due to a plan implemented to avoid shutdowns


        18. or layoffs or to effect cost savings.

        19. (l) On and after July 1, 2026, notwithstanding any provision to the contrary:


        20. (1) Any member of the state police who is hired prior to July 1, 2007, and who was not


        21. eligible to retire on or before June 30, 2012, who has served for twenty (20) years, may retire


        22. therefrom, or the member may be retired by the superintendent with the approval of the governor,


        23. and shall be entitled to a retirement allowance of fifty percent (50%) of whole salary as defined in


        24. subsection (b) of this section. Such members may serve up to a maximum of twenty-five (25) years,

        25. and shall be allowed an additional amount equal to three percent (3.0%) for each completed year


        26. served after twenty (20) years, but in no event shall the original retirement allowance exceed sixty-


        27. five percent (65%) of the member’s “whole salary” as defined in subsection (b) of this section.


        28. (2) Any member of the state police hired on or after July 1, 2007, who has served for


        29. twenty-five (25) years, may retire therefrom, or the member may be retired by the superintendent

        30. with the approval of the governor, and shall be entitled to a retirement allowance of fifty percent


        31. (50%) of whole salary as defined in subsection (b) of this section. Such members may serve a


        32. maximum of thirty (30) years, and shall be allowed an additional amount equal to three percent


        33. (3.0%) for each completed year served after twenty-five (25) years, but in no event shall the original

    1. retirement allowance exceed sixty-five percent (65%) of the member’s “whole salary” as defined


    2. in subsection (b) of this section.


    3. (m) Any member of the state police, or their beneficiary, who retired on or after July 1,

    4. 2024, and prior to July 1, 2026, shall have their retirement allowance recalculated, retroactive to


    5. their date of retirement, to reflect the benefit provided in subsections (b) and (l) of this section. This


    6. provision shall be implemented as soon as administratively feasible. In no event shall a member's


    7. retirement  allowance  under  this  provision  be  less  than  the  member's  retirement  allowance


    8. calculated as of the date of their retirement.


    9. SECTION 8. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled

    10. "Rebuild Rhode Island Tax Credit" is hereby amended to read as follows:


    11 42-64.20-10. Sunset.


    12 No credits shall be authorized to be reserved pursuant to this chapter after December 31,


    13 2026 December 31, 2027.


    14 SECTION 9. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode

    15 Island Tax Increment Financing" is hereby amended to read as follows:


    16 42-64.21-9. Sunset.


    17 The commerce corporation shall enter into no agreement under this chapter after December


    18 31, 2026 December 31, 2027.


    19 SECTION 10. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax

    20 Stabilization Incentive" is hereby amended to read as follows:


    21 42-64.22-15. Sunset.


    22 The commerce corporation shall enter into no agreement under this chapter after December


    23 31, 2026 December 31, 2027.


    24 SECTION 11. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First


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

    26 42-64.23-8. Sunset.


    27 No financing shall be authorized to be reserved pursuant to this chapter after December 31,


    28 2026 December 31, 2027.


    1. SECTION 12. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195


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

    31 42-64.24-8. Sunset.


    1. No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant


    2. to this chapter after December 31, 2026 December 31, 2027.


    3. SECTION 13. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled "Stay

    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 2026 December 31, 2027.


5 SECTION 14. 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, 2026


9 December 31, 2027.

10 SECTION 15. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled


11 "Innovation Initiative" is hereby amended to read as follows:


12 42-64.28-10. Sunset.


13 No vouchers, grants, or incentives shall be authorized pursuant to this chapter after


14 December 31, 2026 December 31, 2027.

15 SECTION 16. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode


16 Island New Qualified Jobs Incentive Act 2015" is hereby amended to read as follows:


17 44-48.3-14. Sunset.


18 No credits shall be authorized to be reserved pursuant to this chapter after December 31,


19 2026 December 31, 2027.

  1. SECTION 17. Chapter 46-15.1 of the General Laws entitled "Water Supply Facilities" is


  2. hereby amended by adding thereto the following section:


  3. 46-15.1-23. Transfer of powers and functions from the water resources board for big


  4. river reservoir administration.


  5. The administration of lands acquired for the Big River Reservoir, as established under


  6. section 23 of chapter 133 of the Pub. L. 1964, are hereby transferred to the department of

  7. environmental management. However, all other general authority granted to the water resource


  8. board in chapters 15 and 15.1 of title 46 is hereby retained by the water resource board.


  9. SECTION 18. Section 46-15.1-5 of the General Laws in Chapter 46-15.1 entitled "Water


  10. Supply Facilities" is hereby amended to read as follows:


30 46-15.1-5. Powers.

  1. (a) The board shall carry out its functions and shall have the following powers:


  2. (1) To adopt a seal and to alter the seal from time to time;


  3. (2) To sue and be sued;


  4. (3) To purchase, hold, and dispose of real and personal property, or interests therein, and

    1. to lease the property as lessee or lessor;


    2. (4) To make or cause to be made such surveys and borings as it may deem necessary;


    3. (5) To engage engineering, legal, accounting, and other professional services;

    4. (6) To make contracts;


    5. (7) To employ personnel and fix their rates of compensation;


    6. (8) To borrow money and issue its bonds and notes as hereinafter provided;


    7. (9) To apply and contract for and to expend assistance from the United States or other


    8. sources, whether in the form of a grant or loan or otherwise;


    9. (10) To adopt and amend bylaws for the regulation of its affairs and the conduct of its

    10. business;


    11. (11) To invest or deposit funds in demand deposits, savings deposits, and time deposits in


    12. any bank or trust company which is a member of the Federal Deposit Insurance Corporation or in


    13. any obligations issued or guaranteed by the United States or any agency or instrumentality thereof,


    14. or as provided in § 35-10-11;

    15. (12) To establish, operate, and maintain or lease to others, or contract with others for the


    16. use of, such water supply facilities as may be reasonably required for the fulfillment of its purposes;


    17. (13) To purchase and sell water;


    18. (14) To exercise such other powers as may be necessary or incidental to the exercise of the


    19. foregoing powers or to the accomplishment of the purposes of the board;

    20. (15) To acquire, within the limitation of funds therefor, the sites, appurtenant marginal


    21. lands, dams, waters, water rights, rights of way, easements, and other property in interests in


    22. property for reservoirs, groundwater wells, well sites, and for such pipe lines, aqueducts, pumping


    23. stations, filtration plants, and auxiliary structures as may be necessary or desirable for the treatment


    24. and distribution of water from those reservoirs, groundwater wells, and well sites. Lands acquired


    25. under the provisions of this section shall be acquired with the approval of the governor by purchase,

    26. gift, devise, or otherwise on such terms and conditions as the board shall determine, or by the


    27. exercise of eminent domain, in accordance with the provisions of chapter 6 of title 37, as amended,


    28. insofar as those provisions are consistent with the provisions hereof;


    29. (16) To construct or purchase water reservoirs, wells and well sites, processing facilities,


    30. transmission or distribution systems, and other facilities, including existing facilities of municipal

    31. water agencies or departments, special water districts, or private water companies, necessary to


    32. accomplish the purposes of this chapter and to implement its plans and program;


    33. (17) To acquire the assets, assume the liabilities, or to effect the merger into itself of any


    34. corporation or other organization, including public or private water supply systems incorporated or

  1. organized under the laws of this state, which corporation or organization has as its principal


  2. business the establishment of water supply facilities or provision of related services, all upon such


  3. terms and for such consideration as the board shall deem to be appropriate;

  4. (18) To lease, sell, or otherwise convey any reservoir sites or other water supply or


  5. distribution facilities acquired, constructed, or purchased by the board to any municipal water


  6. agency or department or special water district or private water company, upon such terms as the


  7. board shall deem appropriate;


  8. (19) To provide for cooperative development, conservation, and use of water resources by


  9. the state, municipal agencies or departments, special water districts or privately owned water

  10. systems, the board may:


  11. (i) Authorize publicly or privately owned water supply agencies to build structures or


  12. install equipment on land owned or leased by the board.


  13. (ii) Enter into contracts with publicly or privately owned water supply agencies for


  14. operation of any facilities owned or leased by the board or operate any such facility by itself.

  15. (20) To enter into contracts to supply raw or processed water to publicly or privately owned


  16. water supply agencies, which shall be approved as to substance by the director of administration


  17. and as to form by the attorney general;


  18. (21) To review all plans and proposals for construction or installation of facilities for water


  19. supply in accordance with the applicable sections of chapter 15 of this title;

  20. (22) To make loans to publicly owned water supply agencies for acquisition, construction,


  21. and renovation of water supply facilities from funds which may be appropriated for this purpose


  22. by the general assembly, from bonds issued for this purpose, or from other funds which may


  23. become available to the board for this purpose;


  24. (23) To borrow money temporarily from the water development fund, for the purposes of


  25. this chapter, and to implement its plans and programs relating to reservoir development, exclusive

  26. of the acquisition of sites for the development of surface reservoirs, in anticipation of revenue or


  27. federal aid; and


  28. (24) To enter into contracts and/or agreements with such departments, divisions, agencies,


  29. or boards of the state as are directed by the governor to regulate, manage, or perform related


  30. functions on any lands or waters acquired under the provisions of the Big River — Wood River

  31. Reservoir Site Acquisition Act (P.L. of 1964, chapter 133); and


  32. (25) To compensate the departments, divisions, agencies, or boards from the water


  33. development fund in an amount equal to the cost of providing the functions or services as are


  34. directed to be performed by the governor. The compensation shall be mandatory and shall be

  1. provided according to procedures established by the department of administration.


  2. (b) The board as a body politic and corporate and public instrumentality created pursuant


  3. to this chapter is subject to § 46-15.1-5(1) — (25). The board as the state agency pursuant to chapter

  4. 15 of this title is subject to § 46-15.1-5(15) — (25).


  5. SECTION 19. Section 46-15.1-19.1 of the General Laws in Chapter 46-15.1 entitled


  6. "Water Supply Facilities" is hereby repealed.


  7. 46-15.1-19.1. Big River Reservoir — Administration.


  8. The Rhode Island water resources board, established pursuant to this chapter and chapter


  9. 15 of this title, shall be the only designated agency which will administer those lands acquired for

  10. the Big River Reservoir as established under section 23 of chapter 133 of the Public Laws of 1964.


  11. The director of the department of environmental management and the director’s authorized agents,


  12. employees, and designees shall, together with the water resources board in accordance with the Big


  13. River management area land use plan for the lands, protect the natural resources of the Big River


  14. Reservoir lands. The lands of the Big River Reservoir are subject to enforcement authority of the

  15. department of environmental management, as provided for in chapter 17.1 of title 42, and as


  16. provided for in title 20 of the General Laws.


  17. SECTION 20. Sections 46-31.1-1, 46-31.1-2 and 46-31.1-3 of the General Laws in Chapter


  18. 46-31.1 entitled "The Rhode Island Bays, Rivers and Watersheds Fund" are hereby amended to


  19. read as follows:

  20. 46-31.1-1. Legislative findings.


  21. The general assembly hereby finds and declares as follows:


  22. (1) The bays, rivers, and associated watersheds of Rhode Island are unique and unparalleled


  23. natural resources that provide significant cultural, ecological, and economic benefit to the state.


  24. (2) Pursuant to the provisions of R.I. Const., art. 1, § 17, it is the duty of the general


  25. assembly to provide for the conservation of the air, land, water, plant, animal, mineral, and other

  26. natural resources of the state; and to adopt all means necessary and proper by law to protect the


  27. natural environment of the people of the state by providing adequate resource planning for the


  28. control and regulation of the use of the natural resources of the state; and for the preservation,


  29. regeneration, and restoration of the natural environment of the state.


  30. (3) It is in the best interest of the state and its citizens to preserve, protect, and restore our

  31. bays, rivers, lakes, and associated watersheds.


  32. (4) Sixty percent (60%) of the watershed of Narragansett Bay is within Massachusetts,


  33. almost all of the watershed of Mount Hope Bay is within Massachusetts, and five percent (5%) of


  34. the watershed of Little Narragansett Bay is within Connecticut; further, a cluster of water-related

  1. economic interests spans the three (3) states.


  2. (5) There is a need to foster effective management, preservation, restoration, and


  3. monitoring of the bays, rivers, lakes, and watersheds; and the promotion of sustainable economic

  4. development of businesses that rely directly or indirectly on the bays, rivers, and watersheds.


  5. 46-31.1-2. Definitions.


  6. As used in this chapter, unless the context clearly indicates otherwise:


  7. (1) “Bays” means the estuaries including Narragansett Bay, Mount Hope Bay, Greenwich


  8. Bay, Little Narragansett Bay, the coastal ponds, the Sakonnet River, and Rhode Island territorial


  9. waters that extend seaward three geographical miles from the shoreline including the area around

  10. Block Island.


  11. (2) “Coordination” means to harmonize in a common action or effort and/or to function in


  12. a complementary manner.


  13. (3) “Lake” or “pond” means a place, natural or manmade, located wholly or partly within


  14. the State of Rhode Island, where open standing or slowly moving water is present for at least six

  15. (6) months of the year. For the purposes of this chapter, “lake” or “pond” shall exclude commercial


  16. or industrial waterbodies created for the purpose of providing cooling water, concrete or poly-lined


  17. waterbodies, and construction dewatering basins.


  18. (3)(4) “River” means a flowing body of water or estuary or a section, portion, or tributary


  19. thereof, including, but not limited to, streams, creeks, brooks, ponds, and small lakes.

  20. (4)(5) “Water cluster” means an economically interconnected grouping of businesses,


  21. institutions, and people relying directly or indirectly on the bays, rivers, and watersheds including,


  22. but not limited to, the following sectors:


  23. (i) Recreation, tourism, and public events;


  24. (ii) Fisheries and aquaculture;


  25. (iii) Boat and ship building;

  26. (iv) Boating-related businesses;


  27. (v) Transportation;


  28. (vi) Military;


  29. (vii) Research; and


  30. (viii) Technology development and education.

  31. (5)(6) “Watershed” means a land area which because of its topography, soil type, and


  32. drainage patterns acts as a collector of raw waters which regorge or replenish rivers and existing or


  33. planned public water supplies.


  34. 46-31.1-3. Bays, Rivers and Watersheds Fund.

  1. (a) There is hereby established a restricted receipt account within the Department of


  2. Environmental Management to be called the Bays, Rivers and Watersheds Fund;


  3. (b) The fund shall consist of any funds which the state may from time to time appropriate,

  4. as well as money received as gifts, grants, bequests, donations or other funds from any public or


  5. private sources, as well as all fees collected pursuant to § 46-23-1(f)(2) for the leasing of submerged


  6. lands for transatlantic cables, and all fees collected pursuant to chapter 12.11 of this title for the


  7. disposal of septage;


  8. (c) All funds, monies, and fees collected pursuant to this section shall be deposited in the


  9. Bays, Rivers and Watersheds Fund, and shall be utilized by the Department of Environmental

  10. Management consistent with the purposes of § 46-23.2-1 entitled, “The Comprehensive Watershed


  11. and Marine Monitoring Act of 2004,” § 46-12 chapter 12 of title 46 entitled, “Water Pollution”,


  12. chapter 33 of title 46 entitled, “Freshwater Lake Management Program,” and chapter 6.2 of title 4


  13. 42 entitled “Resilient Rhode Island Act of 2014 Climate Change Coordination Council 2021 Act


  14. on Climate.” All expenditures from the fund shall be subject to appropriation by the general

  15. assembly.


  16. SECTION 21. Sections 46-33-1 and 46-33-2 of the General Laws in Chapter 46-33 entitled


  17. "Freshwater Lake Management Program" are hereby amended to read as follows:


  18. 46-33-1. Definitions.


  19. As used in this chapter, unless the context indicates otherwise:

  20. (1) “Aquatic invasive species” means those invasive or non-native species that inhabit


  21. water resources including lakes, ponds, rivers, and streams.


  22. (2) “Coordination” means to harmonize in a common action or effort and/or to function in


  23. a complementary manner.


  24. (3) “Department” means the Rhode Island department of environmental management.


  25. (4) “Invasive species” means an alien species whose introduction does or is likely to cause

  26. economic or environmental harm, or harm to human health.


  27. (5) “Lake” or “pond” means a place, natural or manmade, located wholly or partly within


  28. the state of Rhode Island, where open standing or slowly moving water shall be present for at least


  29. six (6) months of the year.


  30. (6) “Lake association” means an association, club, or other organization, formed and

  31. registered in Rhode Island, that has responsibility for stewardship and management of a freshwater


  32. lake or pond.


  33. (7) “Non-native species” means a species of plant, animal, or microbe that is:


  34. (i) Introduced to a country or region where it is not native;

  1. (ii) Is reproducing and spreading without human cultivation; and


  2. (iii) Is causing harm to native species or the areas in which they live.


  3. (8) “Rhode Island lake management fund” means the fund established by § 46-33-3.

  4. 46-33-2. Rhode Island lake management program — Established.


  5. (a) The department shall develop and implement a lake management program. The program


  6. shall include the following elements:


  7. (1) Field surveys and mapping to document the presence of aquatic invasive species in


  8. freshwaters;


  9. (2) Development and provision of guidance and technical assistance to lake associations,

  10. watershed organizations, and municipalities interested in undertaking lake management actions;


  11. (3) Coordination of the implementation of lake management actions, where appropriate;


  12. (4) Oversight of lake management policy and program development;


  13. (5) Distribution of financial assistance for lake management, including control of aquatic


  14. invasive plants, as resources allow, including such sums as appropriated by the general assembly

  15. from the Bays, Rivers and Watersheds Fund established by § 46-31.1-3; and


  16. (6) Other activities consistent with the powers and duties assigned to the department in §


17 42-17.1-2(34).


  1. (b) Upon receipt of funding, the department shall establish procedures and rules for the


  2. distribution of lake management grants consistent with the following provisions:

  3. (1) Entities eligible to apply for assistance shall include lake associations, watershed


  4. associations, municipal governments, and other nonprofit, non-governmental environmental and


  5. conservation organizations.


  6. (2) Projects involving lakes and ponds located wholly within a privately owned property


  7. and that lack public access to the waterbody are not eligible for assistance.


  8. (3) Projects involving lakes and ponds that lack public access, excepting those excluded in

  9. subsection (b)(2) of this section, may be eligible to apply for financial assistance provided the


  10. department determines that active management is necessary to protect publicly accessible


  11. freshwater resources.


  12. (4) Projects shall be solicited through a publicly advertised process.


  13. (5) Projects shall require a matching contribution of funds.

  14. (6) Eligible projects are determined by the department to be technically sound and


  15. appropriate control or to mitigate an existing aquatic invasive species management, water quality,


  16. or aquatic habitat concern.


  17. (7) Funding is used to design and implement specific lake management actions.

  1. SECTION 22. This article shall take effect upon passage, except for section 2 which shall


  2. take effect on July 1, 2026.


  1. ARTICLE 4

    =======

    art.004/2/004/1

    =======


  2. RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS


  3. SECTION 1. This article shall serve as the joint resolutions of approval required pursuant


  4. to Rhode Island Law § 35-18-1, et seq. for the financing and/or the guarantee of the below described


  5. projects.


  6. SECTION 2. Rhode Island College – Residential Life Renovations – Auxiliary Enterprise


  7. WHEREAS, The Council on Postsecondary Education and Rhode Island College

  8. (“College”) are proposing a project which involves the renovation of five (5) residence halls on the


  9. College campus; and


  10. WHEREAS, The College is committed to providing adequate and suitable housing for its


  11. students that will attract undergraduate resident students to the College; and


  12. WHEREAS, The renovations will address improvements to critical infrastructure for

  13. continued occupancy of the five (5) residency halls, and the aesthetic improvements to be made


  14. will enhance the on-campus experience for the resident students; and


  15. WHEREAS, The College engaged a qualified architectural firm, which completed an


  16. analysis on the condition of these residence halls.


  17. WHEREAS, The project consists of the renovation and replacement of building envelopes,


  18. elevators, mechanical systems, fire alarms, sprinklers, and other improvements needed to improve

  19. the residential sector of the campus, which project is included in the College Capital Improvement


  20. Plan; and


  21. WHEREAS, The Rhode Island Public Corporation Debt Management Act requires the


  22. General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island


  23. and other public agencies of certain obligations including financing guarantees or other agreements;

  24. and


  25. WHEREAS, The costs associated with this auxiliary enterprise project will be financed


  26. through Rhode Island Health and Education Building Corporation (RIHEBC) revenue bonds, with


  27. an expected term of twenty (20) years; and


  28. WHEREAS, The total project cost associated with the completion of this project and

  29. proposed financing method is twenty million six hundred thousand dollars ($20,600,000), including


  30. capitalized interest, if any, and associated costs of financing. Debt service payments would be

  1. supported by revenues derived from the College’s Residential Life auxiliary student fees, and total


  2. debt service on the bonds is not expected to exceed one million eight hundred twenty-five thousand


  3. dollars ($1,825,000) annually and thirty-six million five hundred thousand dollars ($36,500,000)

  4. in the aggregate based on an average interest rate of six percent (6%) and a twenty (20) year term;


  5. now, therefore be it


  6. RESOLVED, That this General Assembly hereby approves financing in an amount not to


  7. exceed totals debt service payments of thirty-six million five hundred thousand dollars


  8. ($36,500,000) for the residential life renovations project on the College campus; and be it further


  9. RESOLVED, That this joint resolution shall take effect upon passage.

  10. SECTION 3. University of Rhode Island -- Repaving and Hardscape Improvements


  11. WHEREAS, The University of Rhode Island Board of Trustees and the University of


  12. Rhode Island (“University”) are proposing a project which involves the re-pavement and


  13. reconstruction of major parking facilities, internal roadways and walkways, and associated


  14. infrastructure on the University’s Kingston, Narragansett Bay, and W. Alton Jones campuses; and

  15. WHEREAS, The project and its proposed funding have been duly reviewed and approved


  16. by the University of Rhode Island Board of Trustees as part of the FY 2027–2031 Capital


  17. Improvement Plan; and


  18. WHEREAS, The University has made progress in the improvement of its extensive


  19. inventory of paved surfaces on its campuses, the scope of repaving and reconstruction of major

  20. parking facilities, internal roadways and walkways, and associated infrastructure is substantial and


  21. ongoing; and


  22. WHEREAS, A recent comprehensive campus plan recommends the redevelopment of


  23. campus roadways, allowing safe travel for pedestrians, cyclists, vehicles, and other modes of travel;


  24. and


  25. WHEREAS, The design and execution of this comprehensive plan will improve the

  26. campus’s environmental impact; and


  27. WHEREAS, These timely project commitments serve the objectives of both the University


  28. and the local community; and

  1. the amount of twenty million dollars ($20,000,000); and


  2. WHEREAS, The project cost associated with completion of the project and the proposed


  3. financing method is twenty million dollars ($20,000,000), including the cost of issuance. Debt

  4. service payments would be supported by both the University’s unrestricted general revenues and


  5. enterprise funding from the University’s parking services operation. Total debt service on the bonds


  6. is not expected to exceed one million seven hundred forty-three thousand seven hundred fifty


  7. dollars ($1,743,750) annually and thirty-four million eight hundred seventy-five thousand dollars


  8. ($34,875,000) in the aggregate based on an average interest rate of six percent (6%); now, therefore,


  9. be it

  10. RESOLVED, That this General Assembly hereby approves financing in an amount not to


  11. exceed total debt service payments of thirty-four million eight hundred seventy-five thousand


  12. dollars ($34,875,000) for the repaving and hardscape improvements projects at the University of


  13. Rhode Island; and be it further


  14. RESOLVED, That this Joint Resolution shall take effect upon passage.

  15. SECTION 4. University of Rhode Island – Automotive and Administrative Services


  16. WHEREAS, The University of Rhode Island Board of Trustees and the University of


  17. Rhode Island (“University”) are proposing a project which provides proper working space for


  18. “Automotive and Administrative Mail and Printing Services” in the University’s service sector;


  19. and

  20. WHEREAS, The University has made progress in the improvement of its service center to


  21. align with the improvements made to the academic, research, and student life facilities; and


  22. WHEREAS, The project and its proposed funding have been duly reviewed and approved


  23. by the University of Rhode Island Board of Trustees as part of the FY 2027–2031 Capital


  24. Improvement Plan; and


  25. WHEREAS, The design and execution of this project will improve the delivery of the

  26. associated services to the campus; and


  27. WHEREAS, The individual projects may be delivered in a phased approach; and


  28. WHEREAS, These timely project commitments serve the objectives of the University; and

    1. the amount of fourteen million four hundred thousand dollars ($14,400,000); and


    2. WHEREAS, The project cost associated with completion of the project and the proposed


    3. financing method is fourteen million four hundred thousand dollars ($14,400,000), including the

    4. cost of issuance. Debt service payments would be supported by the University’s unrestricted


    5. general revenues. Total debt service on the bonds is not expected to exceed one million two hundred


    6. fifty-seven thousand five hundred dollars ($1,257,500) annually and twenty-five million one


    7. hundred fifty thousand dollars ($25,150,000) in the aggregate based on an average interest rate of


    8. six percent (6%); now, therefore, be it


    9. RESOLVED, That this General Assembly hereby approves financing in an amount not to

    10. exceed total debt service payments of twenty-five million one hundred fifty thousand dollars


    11. ($25,150,000) for the Automotive and Administrative Services project at the University; and be it


    12. further


    13. RESOLVED, That this Joint Resolution shall take effect upon passage.


    14. SECTION 5. This article shall take effect upon passage.

      =======

      art.005/7/005/6/005/5/005/4/005/3/005/2/006/1

      =======

      1. ARTICLE 5


      2. RELATING TO CAPITAL DEVELOPMENT PROGRAM


      3. SECTION 1. Proposition to be submitted to the people. -- At the general election to be held


      4. on the Tuesday next after the first Monday in November 2026, there shall be submitted to the people


      5. ("People") of the State of Rhode Island ("State"), for their approval or rejection, the following


      6. proposition:


      7. "Shall the action of the general assembly, by an act passed at the January 2026 session,

      8. authorizing the issuance of bonds, refunding bonds, and temporary notes of the State of Rhode


      9. Island for the capital projects and in the amount with respect to each such project listed below be


      10. approved, and the issuance of bonds, refunding bonds, and/or temporary notes authorized in


      11. accordance with the provisions of said act?"


      12. Project

      13. (1) Higher Education Facilities $275,000,000


      14. Approval of this question will allow the State to issue general obligation bonds, refunding


      15. bonds, and/or temporary notes in an amount not to exceed two hundred and seventy-five million


      16. dollars ($275,000,000) for capital improvements to higher education facilities, to be allocated as


      17. follows:


      18. (a) University of Rhode Island Integrated Health Building $165,000,000

      19. Provides one hundred and sixty-five million dollars ($165,000,000) for the construction of


      20. the new Integrated Health Building on the University of Rhode Island's Kingston campus to


      21. advance health education, clinical training, and workforce development.


      22. (b) RIC Adams Library Renovations $50,000,000


      23. Provides fifty million dollars ($50,000,000) to fund the construction of a student success

      24. and career readiness center and renovations located at the Adams Library on the Rhode Island


      25. College campus.


      26. (c) CCRI Workforce Innovation Center $60,000,000


      27. Provides sixty million dollars ($60,000,000) to fund the construction of a new workforce


      28. innovation center located on the Warwick campus of the Community College of Rhode Island.

      29. Funds will be used for the construction of a modern career and technical educational facility


      30. designed to support workforce readiness and address critical workforce shortages in the State.

        1. (2) Housing and Homeownership $120,000,000


        2. Approval of this question will allow the State to issue general obligation bonds, refunding


        3. bonds, and/or temporary notes in an amount not to exceed one hundred and twenty million dollars

        4. ($120,000,000) to increase and preserve the availability of affordable and accessible housing to


        5. meet the needs of all Rhode Islanders and support community revitalization through the


        6. redevelopment of existing structures, new construction, property acquisition, and infrastructure


        7. improvements. Of this amount, at least twenty-five million dollars ($25,000,000) shall be allocated


        8. towards increasing production of housing intended for homeownership and up to ten million dollars


        9. ($10,000,000) may be used to support public housing development.

        10. (3) Economic Development $100,000,000


        11. Approval of this question will allow the State to issue general obligation bonds, refunding


        12. bonds, and/or temporary notes in an amount not to exceed one hundred million dollars


        13. ($100,000,000) to fund industrial facilities infrastructure improvements, to be allocated as follows:


        14. (a) Site Development $55,000,000

        15. Provides fifty-five million dollars ($55,000,000) for land acquisition or assembly,


        16. environmental remediation, infrastructure and utility installation, site preparation or development,


        17. and project investments. Eligible uses include, but are not limited to, large-scale industrial site


        18. development to create pad-ready locations and/or facilities, infrastructure improvements and


        19. investments within the Quonset Business Park, and land acquisition, preparation, and project

        20. investments within the I-195 District.


        21. (b) Growth Industry Infrastructure $45,000,000


        22. Provides forty-five million dollars ($45,000,000) for infrastructure, facilities, projects, and


        23. investments that support Rhode Island's ocean, defense, life sciences, data analytics and related


        24. industries. Eligible uses include, but are not limited to, water-based test ranges and onshore ocean


        25. or defense-related innovation/production facilities, as well as facilities, projects, and investments

        26. that advance businesses and job growth in the life sciences.


        27. (4) Cultural Economy $50,000,000


        28. Approval of this question will allow the State to issue general obligation bonds, refunding


        29. bonds, and/or temporary notes in an amount not to exceed fifty million dollars ($50,000,000) to


        30. provide funding for cultural economy efforts to be allocated as follows:

        31. (a) State History Center $45,000,000


        32. Provides forty-five million dollars ($45,000,000) for the construction of a new Rhode Island State


        33. History Center.


        34. (b) State Preservation Grants Program $5,000,000

  1. Provides five million dollars ($5,000,000) in matching grants administered by the Rhode


  2. Island Historical Preservation and Heritage Commission to cities, towns and nonprofit


  3. organizations for capital improvements to public historic sites, museums and cultural art centers

  4. located in historic structures, and heritage museums throughout the State.


  5. (5) Green Economy Bonds $55,000,000


  6. Approval of this question will allow the State to issue general obligation bonds, refunding


  7. bonds, and/or temporary notes in an amount not to exceed fifty-five million dollars ($55,000,000)


  8. for environmental and recreational purposes, to be allocated as follows:


  9. (a) Brownfields Remediation and Economic Development $3,000,000

  10. Provides three million dollars ($3,000,000) for up to eighty percent (80%) matching grants


  11. to public, private, and/or non-profit entities for brownfield remediation projects.


  12. (b) Facility Improvements $12,000,000


  13. Provides twelve million dollars ($12,000,000) for the renovation and repair of existing


  14. facilities and recreational venues as well as the development and construction of new facilities and

  15. parks.


  16. (c) Local Recreation Projects $1,000,000


  17. Provides one million dollars ($1,000,000) for up to eighty percent (80%) matching grants


  18. for municipalities to acquire, develop, or rehabilitate local recreational facilities to meet the


  19. growing needs for active outdoor recreational facilities.

  20. (d) Marine Infrastructure Development $1,000,000


  21. Provides one million dollars ($1,000,000) to provide asset protection and emergency repair


  22. needs for most facilities, including recreational facilities, marine infrastructure, and more.


  23. (e) Resilient Rhody Infrastructure Fund $25,000,000


  24. Provides twenty-five million dollars ($25,000,000) to provide financial assistance to local


  25. governmental units for restoring and/or improving resiliency of infrastructure, vulnerable coastal

  26. habitats, and restoring rivers and stream floodplains. These funds will be prioritized to leverage


  27. significant funds to support local programs to improve community resiliency, stormwater


  28. abatement and public safety in the face of increased flooding, major storm events, and


  29. environmental degradation.


  30. (f) Narragansett Bay Watershed Restoration $7,000,000

  31. Provides seven million dollars ($7,000,000) for activities to restore and protect the water


  32. quality and enhance the economic viability and environmental sustainability of Narragansett Bay


  33. and the State's watersheds. Eligible activities include nonpoint source pollution abatement,


  34. including stormwater management; nutrient loading abatement; commercial, industrial and

  1. agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.


  2. (g) Agriculture Land Preservation Commission $3,000,000


  3. Provides three million dollars ($3,000,000) to the agricultural land preservation

  4. commission for farmland protection.


  5. (h) Open Space Program $3,000,000


  6. Provides three million dollars ($3,000,000) for the State to acquire fee simple interest or


  7. conservation easements to open space, watershed, and recreational lands.


  8. SECTION 2. Ballot labels and applicability of general election laws. -- The Secretary of


  9. State shall prepare and deliver to the State Board of Elections ballot labels for each of the projects

  10. provided for in Section 1 hereof with the designations "approve" or "reject" provided next to the


  11. description of each such project to enable voters to approve or reject each such proposition. The


  12. general election laws, so far as consistent herewith, shall apply to this proposition.


  13. SECTION 3. Approval of projects by the people. -- If a majority of the People voting on


  14. the proposition in Section 1 hereof shall vote to approve any project stated therein, said project

  15. shall be deemed to be approved by the People. The authority to issue bonds, refunding bonds and/or


  16. temporary notes of the State shall be limited to the aggregate amount for all such projects as set


  17. forth in the proposition, which has been approved by the People.


  18. SECTION 4. Bonds for the capital development program. -- The General Treasurer is


  19. hereby authorized and empowered, with the approval of the Governor, and in accordance with the

  20. provisions of this Act to issue capital development bonds in serial form, in the name of and on


  21. behalf of the State, in amounts as may be specified by the Governor in an aggregate principal


  22. amount not to exceed the total amount for all projects approved by the People and designated as


  23. "capital development loan of 2026 bonds." Provided, however, that the aggregate principal amount


  24. of such capital development bonds and of any temporary notes outstanding at any one time issued


  25. in anticipation thereof pursuant to Section 7 hereof shall not exceed the total amount for all such

  26. projects approved by the People. All provisions in this Act relating to "bonds" shall also be deemed


  27. to apply to "refunding bonds."


  28. Capital development bonds issued under this Act shall be in denominations of one thousand


  29. dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the


  30. United States which at the time of payment shall be legal tender for public and private debts. These

  31. capital development bonds shall bear such date or dates, mature at specified time or times, but not


  32. mature beyond the end of the twentieth (20th) State fiscal year following the fiscal year in which


  33. they are issued; bear interest payable semi-annually at a specified rate or different or varying rates:


  34. be payable at designated time or times at specified place or places; be subject to express terms of

  1. redemption or recall, with or without premium; be in a form, with or without interest coupons


  2. attached; carry such registration, conversion, reconversion, transfer, debt retirement, acceleration


  3. and other provisions as may be fixed by the General Treasurer, with the approval by the Governor,

  4. upon each issue of such capital development bonds at the time of each issue. Whenever the


  5. Governor shall approve the issuance of such capital development bonds, the Governor's approval


  6. shall be certified to the Secretary of State; the bonds shall be signed by the General Treasurer and


  7. countersigned by Secretary of State and shall bear the seal of the State. The signature approval of


  8. the Governor shall be endorsed on each bond.


  9. SECTION 5. Refunding bonds for the 2026 capital development program. -- The General

  10. Treasurer is hereby authorized and empowered, with the approval of the Governor, and in


  11. accordance with the provisions of this Act, to issue bonds to refund the 2026 capital development


  12. program bonds, in the name of and on behalf of the State, in amounts as may be specified by the


  13. Governor in an aggregate principal amount not to exceed the total amount approved by the People,


  14. to be designated as "capital development program loan of 2026 refunding bonds" (hereinafter

  15. "Refunding Bonds").


  16. The General Treasurer with the approval of the Governor shall fix the terms and form of


  17. any Refunding Bonds issued under this Act in the same manner as the capital development bonds


  18. issued under this Act, except that the Refunding Bonds may not mature more than twenty (20) years


  19. from the date of original issue of the capital development bonds being refunded.

  20. The proceeds of the Refunding Bonds, exclusive of any premium and accrual interest and


  21. net the underwriters' cost, and cost of bond issuance, shall, upon their receipt, be paid by the General


  22. Treasurer immediately to the paying agent for the capital development bonds which are to be called


  23. and prepaid. The paying agent shall hold the Refunding Bond proceeds in trust until they are applied


  24. to prepay the capital development bonds. While such proceeds are held in trust, the proceeds may


  25. be invested for the benefit of the State in obligations of the United States of America or the State.

  26. If the General Treasurer shall deposit with the paying agent for the capital development


  27. bonds the proceeds of the Refunding Bonds, or proceeds from other sources, amounts that, when


  28. invested in obligations of the United States or the State, are sufficient to pay all principal, interest,


  29. and premium, if any, on the capital development bonds until these bonds are called for prepayment,


  30. then such capital development bonds shall not be considered debts of the State for any purpose

  31. starting from the date of deposit of such monies with the paying agent. The Refunding Bonds shall


  32. continue to be a debt of the State until paid.


  33. The term "bond" shall include "note," and the term "refunding bonds" shall include


  34. "refunding notes" when used in this Act.

    1. SECTION 6. Proceeds of the capital development program. -- The General Treasurer is


    2. directed to deposit the proceeds from the sale of capital development bonds issued under this Act,


    3. exclusive of premiums and accrued interest and net the underwriters' cost, and cost of bond

    4. issuance, in one or more of the depositories in which the funds of the State may be lawfully kept in


    5. special accounts (hereinafter cumulatively referred to as the "capital development bond fund")


    6. appropriately designated for each of the projects set forth in Section 1 hereof which shall have been


    7. approved by the People to be used for the purpose of paying the cost of all such projects so


    8. approved.


    9. All monies in the capital development bond fund shall be expended for the purposes

    10. specified in the proposition provided for in Section 1 hereof under the direction and supervision of


    11. the Director of Administration (hereinafter referred to as "Director"). The Director or his or her


    12. designee shall be vested with all power and authority necessary or incidental to the purposes of this


    13. Act, including but not limited to, the following authority: (a) To acquire land or other real property


    14. or any interest, estate or right therein as may be necessary or advantageous to accomplish the

    15. purposes of this Act; (b) To direct payment for the preparation of any reports, plans and


    16. specifications, and relocation expenses and other costs such as for furnishings, equipment


    17. designing, inspecting and engineering, required in connection with the implementation of any


    18. projects set forth in Section 1 hereof; (c) To direct payment for the costs of construction,


    19. rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other

    20. improvements to land in connection with the implementation of any projects set forth in Section 1


    21. hereof; and (d) To direct payment for the cost of equipment, supplies, devices, materials and labor


    22. for repair, renovation or conversion of systems and structures as necessary for the 2026 capital


    23. development program bonds or notes hereunder from the proceeds thereof. No funds shall be


    24. expended in excess of the amount of the capital development bond fund designated for each project


    25. authorized in Section 1 hereof. With respect to the bonds and temporary notes described in Section

    26. 1, the proceeds shall be used for the following purposes:


    27. Question 1, relating to bonds in the amount of two hundred and seventy-five million dollars


    28. ($275,000,000) to provide funding for higher education facilities to be allocated as follows:


    29. (a) University of Rhode Island Integrated Health Building $165,000,000


    30. Provides one hundred and sixty-five million dollars ($165,000,000) for the construction of

    31. the new Integrated Health Building on the University of Rhode Island's Kingston campus to


    32. advance health education, clinical training, and workforce development.


    33. (b) RIC Adams Library Renovations $50,000,000


    34. Provides fifty million dollars ($50,000,000) to fund the construction of a student success

      1. and career readiness center and renovations located at the Adams Library the Rhode Island College


      2. campus.


      3. (c) CCRI Workforce Innovation Center $60,000,000

      4. Provides sixty million dollars ($60,000,000) to fund the construction of a new workforce


      5. innovation center located on the Warwick campus of the Community College of Rhode Island.


      6. Funds will be used for the construction of a modern career and technical educational facility


      7. designed to support workforce readiness and address critical workforce shortages in the State.


      8. Question 2, relating to bonds in the amount of one hundred and twenty million dollars


      9. ($120,000,000) to increase and preserve the availability of affordable and accessible housing to

      10. meet the needs of all Rhode Islanders and support community revitalization through the


      11. redevelopment of existing structures, new construction, property acquisition, and infrastructure


      12. improvements. Of this amount, at least twenty-five million dollars ($25,000,000), shall be allocated


      13. towards increasing production of housing intended for homeownership and up to ten million dollars


      14. ($10,000,000) may be used to support public housing development.

      15. Question 3, relating to bonds in the amount of one hundred million dollars ($100,000,000)


      16. to fund industrial facilities infrastructure improvements, to be allocated as follows:


      17. (a) Site Development $55,000,000


      18. Provides fifty-five million dollars ($55,000,000) for land acquisition or assembly,


      19. environmental remediation, infrastructure and utility installation, site preparation or development,

      20. and project investments. Eligible uses include, but are not limited to, large-scale industrial site


      21. development to create pad-ready locations and/or facilities, infrastructure improvements and


      22. investments within the Quonset Business Park, and land acquisition, preparation, and project


      23. investments within the I-195 District.


      24. (b) Growth Industry Infrastructure $45,000,000


      25. Provides forty-five million dollars ($45,000,000) for infrastructure, facilities, projects, and

      26. investments that support Rhode Island's ocean, defense, life sciences, data analytics and related


      27. industries. Eligible uses include, but are not limited to, water-based test ranges and onshore ocean


      28. or defense-related innovation/production facilities, as well as facilities, projects, and investments


      29. that advance businesses and job growth in the life sciences.


      30. Question 4, relating to bonds in the amount of fifty million dollars ($50,000,000) to provide

      31. funding for cultural economy efforts to be allocated as follows:


      32. (a) State History Center $45,000,000


      33. Provides forty-five million dollars ($45,000,000) for the construction of a new Rhode


      34. Island State History Center.

        1. (b) State Preservation Grants Program $5,000,000


        2. Provides five million dollars ($5,000,000) in matching grants administered by the Rhode


        3. Island Historical Preservation and Heritage Commission to cities, towns and nonprofit

        4. organizations for capital improvements to public historic sites, museums and cultural art centers


        5. located in historic structures, and heritage museums throughout the State.


        6. Question 5, relating to bonds in the amount of fifty-five million dollars ($55,000,000) for


        7. environmental and recreational purposes, to be allocated as follows:


        8. (a) Brownfields Remediation and Economic Development $3,000,000


        9. Provides three million dollars ($3,000,000) for up to eighty percent (80%) matching grants

        10. to public, private, and/or non-profit entities for brownfield remediation projects.


        11. (b) Facility Improvements $12,000,000


        12. Provides twelve million dollars ($12,000,000) for the renovation and repair of existing


        13. facilities and recreational venues as well as the development and construction of new facilities and


        14. parks.

        15. (c) Local Recreation Projects $1,000,000


        16. Provides one million dollars ($1,000,000) for up to eighty percent (80%) matching grants


        17. for municipalities to acquire, develop, or rehabilitate local recreational facilities to meet the


        18. growing needs for active outdoor recreational facilities.


        19. (d) Marine Infrastructure Development $1,000,000

        20. Provides one million dollars ($1,000,000) to provide asset protection and emergency repair


        21. needs for most facilities, including recreational facilities, marine infrastructure, and more.


        22. (e) Resilient Rhody Infrastructure Fund $25,000,000


        23. Provides twenty-five million dollars ($25,000,000) to provide financial assistance to local


        24. governmental units for restoring and/or improving resiliency of infrastructure, vulnerable coastal


        25. habitats, and restoring rivers and stream floodplains. These funds will be prioritized to leverage

        26. significant funds to support local programs to improve community resiliency, stormwater


        27. abatement and public safety in the face of increased flooding, major storm events, and


        28. environmental degradation.


        29. (f) Narragansett Bay Watershed Restoration $7,000,000


        30. Provides seven million dollars ($7,000,000) for activities to restore and protect the water

        31. quality and enhance the economic viability and environmental sustainability of Narragansett Bay


        32. and the State's watersheds. Eligible activities include nonpoint source pollution abatement,


        33. including stormwater management; nutrient loading abatement; commercial, industrial and


        34. agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.

          1. (g) Agriculture Land Preservation Commission $3,000,000


          2. Provides three million dollars ($3,000,000) to the agricultural land preservation


          3. commission for farmland protection.

          4. (h) Open Space Program $3,000,000


          5. Provides three million dollars ($3,000,000) for the State to acquire fee simple interest or


          6. conservation easements to open space, watershed, and recreational lands.


          7. SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority of


          8. this Act shall be sold at not less than the principal amount thereof, in such mode and on such terms


          9. and conditions as the General Treasurer, with the approval of the Governor, shall deem to be in the

          10. best interests of the State.


          11. Any premiums and accrued interest, net of the cost of bond issuance and underwriter's


          12. discount, which may be received on the sale of the capital development bonds or notes shall become


          13. part of the Rhode Island Capital Plan Fund of the State, unless directed by federal law or regulation


          14. to be used for some other purpose.

          15. In the event that the amount received from the sale of the capital development bonds or


          16. notes exceeds the amount necessary for the purposes stated in Section 6 hereof, the surplus may be


          17. used to the extent possible to retire the bonds as the same may become due, to redeem them in


          18. accordance with the terms thereof or otherwise to purchase them as the General Treasurer, with the


          19. approval of the Governor, shall deem to be in the best interests of the State.

          20. Any bonds or notes issued under the provisions of this Act and coupons on any capital


          21. development bonds, if properly executed by the manual or electronic signatures of officers of the


          22. State in office on the date of execution, shall be valid and binding according to their tenor,


          23. notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall


          24. for any reason have ceased to hold office.


          25. SECTION 8. Bonds and notes to be tax exempt and general obligations of the State. -- All

          26. bonds and notes issued under the authority of this Act shall be exempt from taxation in the State


          27. and shall be general obligations of the State, and the full faith and credit of the State is hereby


          28. pledged for the due payment of the principal and interest on each of such bonds and notes as the


          29. same shall become due.


          30. SECTION 9. Investment of monies in fund. -- All monies in the capital development fund

          31. not immediately required for payment pursuant to the provisions of this Act may be invested by the


          32. investment commission, as established by Chapter 10 of Title 35, entitled "State Investment


          33. Commission," pursuant to the provisions of such chapter; provided, however, that the securities in


          34. which the capital development fund is invested shall remain a part of the capital development fund

  1. until exchanged for other securities; and provided further, that the income from investments of the


  2. capital development fund shall become a part of the general fund of the State and shall be applied


  3. to the payment of debt service charges of the State, unless directed by federal law or regulation to

  4. be used for some other purpose, or to the extent necessary, to rebate to the United States treasury


  5. any income from investments (including gains from the disposition of investments) of proceeds of


  6. bonds or notes to the extent deemed necessary to exempt (in whole or in part) the interest paid on


  7. such bonds or notes from federal income taxation.


  8. SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not


  9. otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and

  10. notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise


  11. appropriated.


  12. SECTION 11. Advances from general fund. -- The General Treasurer is authorized, with


  13. the approval of the Director and the Governor, in anticipation of the issue of notes or bonds under


  14. the authority of this Act, to advance to the capital development bond fund for the purposes specified

  15. in Section 6 hereof, any funds of the State not specifically held for any particular purpose; provided,


  16. however, that all advances made to the capital development bond fund shall be returned to the


  17. general fund from the capital development bond fund forthwith upon the receipt by the capital


  18. development fund of proceeds resulting from the issue of notes or bonds to the extent of such


  19. advances.

  20. SECTION 12. Federal assistance and private funds. -- In carrying out this act, the Director,


  21. or his or her designee, is authorized on behalf of the State, with the approval of the Governor, to


  22. apply for and accept any federal assistance which may become available for the purpose of this


  23. Act, whether in the form of loan or grant or otherwise, to accept the provision of any federal


  24. legislation therefor, to enter into, act and carry out contracts in connection therewith, to act as agent


  25. for the federal government in connection therewith, or to designate a subordinate so to act. Where

  26. federal assistance is made available, the project shall be carried out in accordance with applicable


  27. federal law, the rules and regulations thereunder and the contract or contracts providing for federal


  28. assistance, notwithstanding any contrary provisions of State law. Subject to the foregoing, any


  29. federal funds received for the purposes of this Act shall be deposited in the capital development


  30. bond fund and expended as a part thereof. The Director or his or her designee may also utilize any

  31. private funds that may be made available for the purposes of this Act.


  32. SECTION 13. Effective Date. -- Sections 1, 2, 3, 11, 12 and this Section 13 of this article


  33. shall take effect upon passage. The remaining sections of this article shall take effect when and if


  34. the State Board of Elections shall certify to the Secretary of State that a majority of the qualified

  1. electors voting on the proposition contained in Section 1 hereof have indicated their approval of all


  2. or any projects thereunder.


  1. ARTICLE 6

    =======

    art.006/5/006/4/006/3/006/2/005/1

    =======


  2. RELATING TO TAXES AND FEES


  3. SECTION 1. Title 44 of the General Laws entitled "TAXATION" is hereby amended by


  4. adding thereto the following chapter:


  5. CHAPTER 6.6


  6. RHODE ISLAND TAX AMNESTY ACT OF 2026


  7. 44-6.6-1. Short title.

  8. This chapter shall be known and may be cited as the “Rhode Island Tax Amnesty Act of


9 2026.”


  1. 44-6.6-2. Definitions.


  2. As used in this chapter, the following terms have the meaning ascribed to them in this


  3. section, except when the context clearly indicates a different meaning:

  4. (1) "Taxable period" means any period for which a tax return is required by law to be filed


  5. with the tax administrator.


  6. (2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed


  7. by any law of the State of Rhode Island and payable to the State of Rhode Island and collected by


  8. the tax administrator.


  9. 44-6.6-3. Establishment of tax amnesty.

  10. (a) The tax administrator shall establish a tax amnesty program for all taxpayers owing any


  11. tax imposed by reason of or pursuant to authorization by any law of the State of Rhode Island and


  12. collected by the tax administrator. Amnesty tax return forms shall be developed by the tax


  13. administrator and shall provide that the taxpayer clearly specify the tax due and the taxable period


  14. for which amnesty is being sought by the taxpayer.

  15. (b) The amnesty program shall be conducted for a seventy-five (75) day period ending on


25 February 15, 2027. The amnesty program shall provide that, upon written application by a taxpayer


  1. and payment by the taxpayer of all taxes and interest due from the taxpayer to the State of Rhode


  2. Island for any taxable period ending on or before December 31, 2025, the tax administrator shall


  3. not seek to collect any penalties that may be applicable and shall not seek the civil or criminal

  4. prosecution of any taxpayer for the taxable period for which amnesty has been granted. Amnesty


  5. shall be granted only to those taxpayers applying for amnesty during the amnesty period who have

  1. paid the tax and interest due upon filing the amnesty tax return, or who have entered into an


  2. installment payment agreement for reasons of financial hardship and upon terms and conditions set


  3. by the tax administrator. In the case of the failure of a taxpayer to pay any installment due under

  4. the agreement, such an agreement shall cease to be effective and the balance of the amounts


  5. required to be paid thereunder shall be due immediately. Amnesty shall be granted for only the


  6. taxable period specified in the application and only if all amnesty conditions are satisfied by the


  7. taxpayer.


  8. (c) The provisions of this section shall include a taxable period for which a bill or notice


  9. of deficiency determination has been sent to the taxpayer.

  10. (d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or


  11. are a party to any civil or criminal proceeding pending in any court for fraud in relation to any state


  12. tax imposed by the law of the state and collected by the tax administrator.


  13. 44-6.6-4. Interest under tax amnesty.


  14. Notwithstanding any provision of law to the contrary, interest on any taxes paid for periods

  15. covered under the amnesty provisions of this chapter shall be computed at the rate imposed under


  16. § 44-1-7, reduced by twenty-five percent (25%).


  17. 44-6.6-5. Implementation.


  18. Notwithstanding any provision of law to the contrary, the tax administrator may do all


  19. things necessary in order to provide for the timely implementation of this chapter including, but

  20. not limited to, procurement of printing and other services and expenditure of appropriated funds.


  21. 44-6.6-6. Disposition of monies.


  22. All monies collected pursuant to any tax imposed by the State of Rhode Island under the


  23. provisions of this chapter shall be accounted for separately and paid into the general fund.


  24. 44-6.6-7. Analysis of amnesty program by tax administrator.


  25. The tax administrator shall provide an analysis of the amnesty program to be posted on its

  26. website  by  April  30,  2027.  The  analysis  shall  include  revenues  received  by  tax  source,


  27. distinguishing between the tax collected and interest collected for each source. In addition, the


  28. analysis shall further identify the amounts that are new revenues from those already included in the


  29. general revenue receivable taxes, defined under generally accepted accounting principles and the


  30. state's audited financial statements.

  31. 44-6.6-8. Rules and regulations.


  32. The tax administrator may promulgate such rules and regulations as are necessary to


  33. implement the provisions of this chapter.


  34. SECTION 2. Sections 44-11-2.2, 44-11-2.3 and 44-11-11 of the General Laws in Chapter

    1. 44-11 entitled "Business Corporation Tax" are hereby amended to read as follows:


    2. 44-11-2.2. Pass-through entities — Definitions — Withholding — Returns.


    3. (a) Definitions.

    4. (1) “Administrative adjustment request” means an administrative adjustment request filed


    5. by a partnership under IRC section 6227.


    6. (2) “Audited partnership” means a partnership or an entity taxed as a partnership federally


    7. subject to a partnership level audit resulting in a federal adjustment.


    8. (3) “Direct partner” means a partner that holds an interest directly in a partnership or pass-


    9. through entity.

    10. (4) “Federal adjustment” means a change to an item or amount determined under the


    11. Internal Revenue Code (IRC) that is used by a taxpayer to compute Rhode Island tax owed whether


    12. that change results from action by the IRS, including a partnership level audit, or the filing of an


    13. amended federal return, federal refund claim, or an administrative adjustment request by the


    14. taxpayer. A federal adjustment is positive to the extent that it increases state taxable income as

    15. determined under Rhode Island state laws and is negative to the extent that it decreases state taxable


    16. income as determined under Rhode Island state laws.


    17. (5) “Final determination date” means if the federal adjustment arises from an IRS audit or


    18. other action by the IRS, the final determination date is the first day on which no federal adjustments


    19. arising from that audit or other action remain to be finally determined, whether by IRS decision

    20. with respect to which all rights of appeal have been waived or exhausted, by agreement, or, if


    21. appealed or contested, by a final decision with respect to which all rights of appeal have been


    22. waived or exhausted. For agreements required to be signed by the IRS and the taxpayer, the final


    23. determination date is the date on which the last party signed the agreement.


    24. (6) “Final federal adjustment” means a federal adjustment after the final determination date


    25. for that federal adjustment has passed.

    26. (7) “Indirect partner” means a partner in a partnership or pass-through entity that itself


    27. holds an interest directly, or through another indirect partner, in a partnership or pass-through


    28. entity.


    29. (8) “Member” means an individual who is a shareholder of an S corporation; a partner in a


    30. general partnership, a limited partnership, or a limited liability partnership; a member of a limited

    31. liability company; or a beneficiary of a trust;


    32. (9) “Nonresident” means an individual who is not a resident of or domiciled in the state, a


    33. business entity that does not have its commercial domicile in the state, and a trust not organized in


    34. the state.

      1. (10) “Partner” means a person that holds an interest directly or indirectly in a partnership


      2. or other pass-through entity.


      3. (11) “Partnership” means an entity subject to taxation under Subchapter K of the IRC.

      4. (12) “Partnership level audit” means an examination by the IRS at the partnership level


      5. pursuant to Subchapter C of Title 26, Subtitle F, Chapter 63 of the IRC, as enacted by the Bipartisan


      6. Budget Act of 2015, Public Law 114-74, which results in Federal Adjustments.


      7. (13) “Pass-through entity” means a corporation that for the applicable tax year is treated as


      8. an S Corporation under IRC § 1362(a) [26 U.S.C. § 1362(a)], and a general partnership, limited


      9. partnership, limited liability partnership, trust, or limited liability company that for the applicable

      10. tax year is not taxed as a corporation for federal tax purposes under the state’s check-the-box


      11. regulation.


      12. (14) “Tiered partner” means any partner that is a partnership or pass-through entity.


      13. (b) Withholding.


      14. (1) A pass-through entity shall withhold income tax at the highest Rhode Island

      15. withholding tax rate provided for individuals or seven percent (7%) for corporations on the


      16. member’s share of income of the entity that is derived from or attributable to sources within this


      17. state distributed to each nonresident member and pay the withheld amount in the manner prescribed


      18. by the tax administrator. The pass-through entity shall be liable for the payment of the tax required


      19. to be withheld under this section and shall not be liable to the member for the amount withheld and

      20. paid over in compliance with this section. A member of a pass-through entity that is itself a pass-


      21. through entity (a “lower-tier pass-through entity”) shall be subject to this same requirement to


      22. withhold and pay over income tax on the share of income distributed by the lower-tier pass-through


      23. entity to each of its nonresident members. The tax administrator shall apply tax withheld and paid


      24. over by a pass-through entity on distributions to a lower-tier pass-through entity to the withholding


      25. required of that lower-tier pass-through entity.

      26. (2) A pass-through entity shall, at the time of payment made pursuant to this section, deliver


      27. to the tax administrator a return upon a form prescribed by the tax administrator showing the total


      28. amounts paid or credited to its nonresident members, the amount withheld in accordance with this


      29. section, and any other information the tax administrator may require. A pass-through entity shall


      30. furnish to its nonresident member annually, but not later than the fifteenth day of the third month

      31. after the end of its taxable year, a record of the amount of tax withheld on behalf of the member on


      32. a form prescribed by the tax administrator.


      33. (c) Notwithstanding subsection (b), a pass-through entity is not required to withhold tax


      34. for a nonresident member if:

        1. (1) The member has a pro rata or distributive share of income of the pass-through entity


        2. from doing business in, or deriving income from sources within, this state of less than $1,000 per


        3. annual accounting period;

        4. (2) The tax administrator has determined by regulation, ruling, or instruction that the


        5. member’s income is not subject to withholding;


        6. (3) The member elects to have the tax due paid as part of a composite return filed by the


        7. pass-through entity under subsection (d); or


        8. (4) The entity is a publicly traded partnership as defined by 26 U.S.C. § 7704(b) that is


        9. treated as a partnership for the purposes of the Internal Revenue Code and that has agreed to file

        10. an annual information return reporting the name, address, taxpayer identification number, and other


        11. information requested by the tax administrator of each unitholder with an income in the state in


        12. excess of $500.


        13. (d) Composite return.


        14. (1) A pass-through entity may file a composite income tax return on behalf of electing

        15. nonresident members reporting and paying income tax at the state’s highest marginal rate on the


        16. members’ pro rata or distributive shares of income of the pass-through entity from doing business


        17. in, or deriving income from sources within, this State. For the purposes of this chapter, for tax years


        18. beginning on or after January 1, 2027, any reference to the highest marginal rate shall be the sum


        19. of the highest marginal tax rate in § 44-30-2.6(c)(3)(A)(I)(1) and the high-income surtax in § 44-

        20. 30-2.6(c)(3)(A)(I)(2).


        21. (2) A nonresident member whose only source of income within a state is from one or more


        22. pass-through entities may elect to be included in a composite return filed pursuant to this section.


        23. (3) A nonresident member that has been included in a composite return may file an


        24. individual income tax return and shall receive credit for tax paid on the member’s behalf by the


        25. pass-through entity.

        26. (e) Partnership level audit.


        27. (1) A partnership shall report final federal adjustments pursuant to IRC section 6225(a)(2)


        28. arising from a partnership level audit or an administrative adjustment request and make payments


        29. by filing the applicable supplemental return as prescribed under § 44-11-2.2(e)(1)(ii), and as


        30. required under § 44-11-19(b), in lieu of taxes owed by its direct and indirect partners.

        31. (i) Failure of the audited partnership or tiered partner to report final federal adjustments


        32. pursuant to IRC section 6225(a) and 6225(c) or pay does not prevent the tax administrator from


        33. assessing the audited partnership, direct partners, or indirect partners for taxes they owe, using the


        34. best information available, in the event that a partnership or tiered partner fails to timely make any

  1. report or payment required by § 44-11-19(b) for any reason.


  2. (ii) The tax administrator may promulgate rules and regulations, not inconsistent with law,


  3. to carry into effect the provisions of this chapter.

  4. 44-11-2.3. Pass-through entities — Election to pay state income tax at the entity level.


  5. (a) Definitions. As used in this section:


  6. (1) “Election” means the annual election to be made by the pass-through entity by filing


  7. the prescribed tax form and remitting the appropriate tax.


  8. (2) “Net income” means the net ordinary income, net rental real estate income, other net


  9. rental income, guaranteed payments, and other business income less specially allocated

  10. depreciation and deductions allowed pursuant to § 179 of the United States Revenue Code (26


  11. U.S.C. § 179), all of which would be reported on federal tax form schedules C and E. Net income


  12. for purposes of this section does not include specially allocated investment income or any other


  13. types of deductions.


  14. (3) “Owner” means an individual who is a shareholder of an S Corporation; a partner in a

  15. general partnership, a limited partnership, or a limited liability partnership; a member of a limited


  16. liability company, a beneficiary of a trust; or a sole proprietor.


  17. (4) “Pass-through entity” means a corporation that for the applicable tax year is treated as


  18. an S Corporation under I.R.C. 1362(a) (26 U.S.C. § 1362(a)), or a general partnership, limited


  19. partnership, limited liability partnership, trust, limited liability company or unincorporated sole

  20. proprietorship that for the applicable tax year is not taxed as a corporation for federal tax purposes


  21. under the state’s regulations.


  22. (5) “State tax credit” means the amount of tax paid by the pass-through entity at the entity


  23. level that is passed through to an owner on a pro rata basis. For tax years beginning on or after


24 January 1, 2025, “state tax credit” means ninety percent (90%) of the amount of tax paid by the


  1. pass-through entity at the entity level that is passed through to an owner on a pro rata basis.

  2. (b) Elections.


  3. (1) For tax years beginning on or after January 1, 2019, a pass-through entity may elect to


  4. pay the state tax at the entity level at the rate of five and ninety-nine hundredths percent (5.99%).


  5. (2) For tax years beginning on or after January 1, 2027, a pass-through entity electing to


  6. pay the state tax in subsection (b)(1) of this section may also elect to pay the state tax at the entity

  7. level on income equal to or exceeding the amount in § 44-30-2.6(c)(3)(A)(I)(2) at the rate in § 44-


  8. 30-2.6(c)(3)(A)(I)(2).


  9. (2)(3) If a pass-through entity elects to pay an entity tax under this subsection, the entity


  10. shall not have to comply with the provisions of § 44-11-2.2 regarding withholding on non-resident

  1. owners. In that instance, the entity shall not have to comply with the provisions of § 44-11-2.2


  2. regarding withholding on non-resident owners.


  3. (c) Reporting.

  4. (1) The pass-through entity shall report the pro rata share of the state income taxes paid by


  5. the entity which sums will be allowed as a state tax credit for an owner on his or her personal


  6. income tax return.


  7. (2) The pass-through entity shall also report the pro rata share of the state income taxes


  8. paid by the entity as an income (addition) modification to be reported by an owner on his or her


  9. personal income tax returns

  10. (d) State tax credit shall be the amount of tax paid by the pass-through entity, at the entity


  11. level, which is passed through to the owners, on a pro rata basis. For tax years beginning on or after


12 January 1, 2025, the state tax credit shall be ninety percent (90%) of the amount of tax paid by the


  1. pass-through entity, at the entity level, which is passed through to the owners, on a pro rata basis.


  2. (e) A similar type of tax imposed by another state on the owners’ income paid at the state

  3. entity level shall be deemed to be allowed as a credit for taxes paid to another jurisdiction in


  4. accordance with the provisions of § 44-30-18.


  5. (f) “Combined reporting” as set forth in § 44-11-4.1 shall not apply to reporting under this


  6. section.


  7. 44-11-11. “Net income” defined.

  8. (a)(1) “Net income” means, for any taxable year and for any corporate taxpayer, the taxable


  9. income of the taxpayer for that taxable year under the laws of the United States, plus: with the


  10. additions and deductions specified in this section.


  11. (b) Additions increasing taxable income. There shall be added to taxable income:


  12. (i)(1) Any interest not included in the taxable income;


  13. (ii)(2) Any specific exemptions;

  14. (iii)(3) The tax imposed by this chapter;


  15. (iv)(4) For any taxable year beginning on or after January 1, 2020, the amount of any


  16. Paycheck Protection Program loan forgiven for federal income tax purposes as authorized by the


  17. Coronavirus Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act,


  18. 2021 and/or any other subsequent federal stimulus relief packages enacted by law, to the extent that

  19. the amount of the loan forgiven exceeds $250,000; and minus:


  20. (5) For the taxable year beginning on or before January 1, 2025, the amount of any income,


  21. deduction, or allowance that would be subject to federal income tax but for the Congressional


  22. enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment. The

  1. enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment and any


  2. Internal Revenue Service changes to forms, regulations, and/or processing which go into effect


  3. during the current tax year or within six (6) months of the beginning of the next tax year shall be

  4. deemed grounds for the promulgation of emergency rules and regulations under § 42-35-2.10 to


  5. effectuate the purpose of preserving the Rhode Island tax base under Rhode Island law with respect


  6. to the One Big Beautiful Bill Act or any other similar Congressional enactment; and


  7. (6) For any taxable year beginning on or after January 1, 2026, the amount of the deduction


  8. taken for domestic research and experimental expenditures under 26 U.S.C. § 174A less the amount


  9. of  the  deduction  that  would  have  been  allowed  as  a  deduction  for  domestic  research  and

  10. experimental expenditures under 26 U.S.C. § 174 immediately prior to the enactment of H.R.1


  11. (Pub. L. 119-21).


  12. (c) Deductions reducing taxable income. There shall be subtracted from taxable income:


  13. (v)(1) Interest on obligations of the United States or its possessions, and other interest


  14. exempt from taxation by this state;

  15. (vi)(2) The federal net operating loss deduction;


  16. (vii)(3) For any taxable year beginning on or after January 1, 2025, in the case of a taxpayer


  17. that is licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any


  18. expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under


  19. 26 U.S.C. § 280E; and

  20. (viii) For the taxable year beginning on or before January 1, 2025, the amount of any


  21. income, deduction, or allowance that would be subject to federal income tax but for the


  22. Congressional enactment of the One Big Beautiful Bill Act or any other similar Congressional


  23. enactment. The enactment of the One Big Beautiful Bill Act or any other similar Congressional


  24. enactment and any Internal Revenue Service changes to forms, regulations, and/or processing


  25. which go into effect during the current tax year or within six (6) months of the beginning of the

  26. next tax year shall be deemed grounds for the promulgation of emergency rules and regulations


  27. under § 42-35-2.10 to effectuate the purpose of preserving the Rhode Island tax base under Rhode


  28. Island law with respect to the One Big Beautiful Bill Act or any other similar Congressional


  29. enactment.


  30. (4) For the taxable year beginning on or after January 1, 2026, the amount of any deduction

  31. or allowance pursuant to Section 70303 and 70431 of the One Big Beautiful Bill Act shall be added


  32. back for the purpose of calculating state tax.


  33. (5) For any taxable year beginning on or after January 1, 2026, the amount as determined


  34. by the tax administrator required to be added back in a prior year that would have been allowed

  1. under 26 U.S.C. § 174A as enacted in H.R.1 (Pub. L. 119-21) on July 4, 2025, but would not have


  2. been allowed as a deduction under 26 U.S.C. § 174 immediately prior to its enactment. At no time


3 may the cumulative modification amount for each amortized expenditure exceed one hundred

  1. percent (100%) of said expenditure’s expense amount.


  2. (2)(d) All binding federal elections made by or on behalf of the taxpayer applicable either


  3. directly or indirectly to the determination of taxable income shall be binding on the taxpayer except


  4. where this chapter or its attendant regulations specifically modify or provide otherwise. Rhode


  5. Island taxable income shall not include the “gross-up of dividends” required by the federal Internal


  6. Revenue Code to be taken into taxable income in connection with the taxpayer’s election of the

  7. foreign tax credit.


  8. (b)(e) A net operating loss deduction shall be allowed, which shall be the same as the net


  9. operating loss deduction allowed under 26 U.S.C. § 172, except that:


  10. (1) Any net operating loss included in determining the deduction shall be adjusted to reflect


  11. the inclusions and exclusions from entire net income required by subsection (a) of this section and

  12. § 44-11-11.1;


  13. (2) The deduction shall not include any net operating loss sustained during any taxable year


  14. in which the taxpayer was not subject to the tax imposed by this chapter; and


  15. (3) Limitation on 26 U.S.C. § 172 deduction.


  16. (i) The deduction shall not exceed the deduction for the taxable year allowable under 26

  17. U.S.C. § 172; provided, that the deduction for a taxable year may not be carried back to any other


  18. taxable year for Rhode Island purposes but shall only be allowable on a carry forward basis for the


  19. five (5) succeeding taxable years; and


  20. (ii) For any taxable year beginning on or after January 1, 2025, the deduction shall not


  21. exceed the deduction for the taxable year allowable under 26 U.S.C. § 172; provided that, the


  22. deduction for a taxable year may not be carried back to any other taxable year for Rhode Island

  23. purposes, but shall only be allowable on a carry forward basis for the twenty (20) succeeding


  24. taxable years.


  25. (c)(f) “Domestic international sales corporations” (referred to as DISCs), for the purposes


  26. of this chapter, will be treated as they are under federal income tax law and shall not pay the amount


  27. of the tax computed under § 44-11-2(a). Any income to shareholders of DISCs is to be treated in

  28. the same manner as it is treated under federal income tax law as it exists on December 31, 1984.


  29. (d)(g) A corporation that qualifies as a “foreign sales corporation” (FSC) under the


  30. provisions of subchapter N, 26 U.S.C. § 861 et seq., and that has in effect for the entire taxable year


  31. a valid election under federal law to be treated as a FSC, shall not pay the amount of the tax

  1. computed under § 44-11-2(a). Any income to shareholders of FSCs is to be treated in the same


  2. manner as it is treated under federal income tax law as it exists on January 1, 1985.


  3. (e)(h) For purposes of a corporation’s state tax liability, any deduction to income allowable

  4. under 26 U.S.C. § 1400Z-2(c) may be claimed in the case of any investment held by the taxpayer


  5. for at least seven years. The division of taxation shall promulgate, in its discretion, rules and


  6. regulations relative to the accelerated application of deductions under 26 U.S.C. § 1400Z-2(c).


  7. SECTION 3. Sections 44-20-1, 44-20-4.1 and 44-20-8.2 of the General Laws in Chapter


  8. 44-20 entitled "Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System


  9. Products" are hereby amended to read as follows:

  10. 44-20-1. Definitions.


  11. Whenever used in this chapter, unless the context requires otherwise:


  12. (1) “Administrator” means the tax administrator.


  13. (2) “Cigarettes” means and includes any cigarettes suitable for smoking in cigarette form,


  14. “heat not burn products,” and each sheet of cigarette rolling paper, including but not limited to,

  15. paper made into a hollow cylinder or cone, made with paper or any other material, with or without


  16. a filter suitable for use in making cigarettes.


  17. (3) “Dealer” means any person whether located within or outside of this state, who sells or


  18. distributes cigarettes and/or other tobacco products and/or electronic nicotine-delivery system


  19. products to a consumer in this state.

  20. (4) “Distributor” means any person:


  21. (i) Whether located within or outside of this state, other than a dealer, who sells or


  22. distributes cigarettes and/or other tobacco products and/or electronic nicotine-delivery system


  23. products within or into this state. Such term shall not include any cigarette or other tobacco product


  24. manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. § 5712,


  25. if such person sells or distributes cigarettes and/or other tobacco products and/or electronic

  26. nicotine-delivery system products in this state only to licensed distributors, or to an export


  27. warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712;


  28. (ii) Selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery


  29. system products directly to purchasers in this state by means of at least twenty-five (25) vending


  30. machines;

  31. (iii) Engaged in this state in the business of manufacturing cigarettes and/or other tobacco


  32. products and/or electronic nicotine-delivery system products or any person engaged in the business


  33. of selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system


  34. products to dealers, or to other persons, for the purpose of resale only; provided, that seventy-five

  1. percent (75%) of all cigarettes and/or other tobacco products and/or electronic nicotine-delivery


  2. system products sold by that person in this state are sold to dealers or other persons for resale and


  3. selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system products

  4. directly to at least forty (40) dealers or other persons for resale; or


  5. (iv) Maintaining one or more regular places of business in this state for that purpose;


  6. provided, that seventy-five percent (75%) of the sold cigarettes and/or other tobacco products


  7. and/or electronic nicotine-delivery system products are purchased directly from the manufacturer


  8. and selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system


  9. products directly to at least forty (40) dealers or other persons for resale; or

  10. (v) Engaged in this state as a dealer and whose annual business sales of cigars are greater


  11. than fifty percent (50%) of their sales.


  12. (5) “Electronic nicotine-delivery system” means an electronic device that may be used to


  13. simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device,


  14. and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo,

  15. electronic little cigars, electronic pipe, electronic hookah, e-liquids, e-liquid products, or any related


  16. device and any cartridge or other component of such device.


  17. (6) “Electronic nicotine-delivery system products” means any combination of electronic


  18. nicotine-delivery system and/or e-liquid and/or any derivative thereof, and/or any e-liquid


  19. container. Electronic nicotine-delivery system products shall include hemp-derived consumable

  20. CBD products as defined in § 2-26-3.


  21. (7) “E-liquid” and “e-liquid products” mean any liquid or substance placed in or sold for


  22. use in an electronic nicotine-delivery system that generally utilizes a heating element that


  23. aerosolizes, vaporizes, or combusts a liquid or other substance containing nicotine or nicotine


  24. derivative:


  25. (i) Whether the liquid or substance contains nicotine or a nicotine derivative; or

  26. (ii) Whether sold separately or sold in combination with a personal vaporizer, electronic


  27. nicotine-delivery system, or an electronic inhaler.


  28. (8) “Importer” means any person who imports into the United States, either directly or


  29. indirectly, a finished cigarette or other tobacco product and/or electronic nicotine-delivery system


  30. product for sale or distribution.

  31. (9) “Licensed,” when used with reference to a manufacturer, importer, distributor, or


  32. dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for


  33. the type of business being engaged in. When the term “licensed” is used before a list of entities,


  34. such as “licensed manufacturer, importer, wholesale dealer, or retailer dealer,” such term shall be

  1. deemed to apply to each entity in such list.


  2. (10) “Manufacturer” means any person who manufactures, fabricates, assembles,


  3. processes, or labels a finished cigarette and/or other tobacco products and/or electronic nicotine-

  4. delivery system products.


  5. (11) “Other tobacco products” (OTP) means any products that are made from or derived


  6. from tobacco or that contain nicotine, whether natural or artificial, including, but not limited to,


  7. cigars (excluding Little Cigars, as defined in § 44-20.2-1, which are subject to cigarette tax),


  8. cheroots, stogies, smoking tobacco (including granulated, plug cut, crimp cut, ready rubbed and


  9. any other kinds and forms of tobacco suitable for smoking in a pipe or otherwise), chewing tobacco

  10. (including Cavendish, twist, plug, scrap and any other kinds and forms of tobacco suitable for


  11. chewing), any and all forms of hookah, shisha and “mu’assel” tobacco, snuff, and shall include any


  12. other articles or products made of, derived from, or containing tobacco or nicotine, in whole or in


  13. part, or any tobacco or nicotine substitute, except cigarettes and electronic nicotine-delivery system


  14. products. Other tobacco products shall not mean any product that has been approved by the United

  15. States Food and Drug Administration for the sale of or use as a tobacco or nicotine cessation


  16. product or for other medical purposes and is marketed and sold or prescribed exclusively for that


  17. approved purpose.


  18. (12) “Person” means any individual, including an employee or agent, firm, fiduciary,


  19. partnership, corporation, trust, or association, however formed.

  20. (13) “Pipe” means an apparatus made of any material used to burn or vaporize products so


  21. that the smoke or vapors can be inhaled or ingested by the user.


  22. (14) “Place of business” means any location where cigarettes and/or other tobacco products


  23. and/or electronic nicotine-delivery system products are sold, stored, or kept, including, but not


  24. limited to; any storage room, attic, basement, garage or other facility immediately adjacent to the


  25. location. It also includes any receptacle, hide, vessel, vehicle, airplane, train, or vending machine.

  26. (15) “Sale” or “sell” means gifts, exchanges, and barter of cigarettes and/or other tobacco


  27. products and/or electronic nicotine-delivery system products. The act of holding, storing, or


  28. keeping cigarettes and/or other tobacco products and/or electronic nicotine-delivery system


  29. products at a place of business for any purpose shall be presumed to be holding the cigarettes and/or


  30. other tobacco products and/or electronic nicotine-delivery system products for sale. Furthermore,

  31. any sale of cigarettes and/or other tobacco products and/or electronic nicotine-delivery system


  32. products by the servants, employees, or agents of the licensed dealer during business hours at the


  33. place of business shall be presumed to be a sale by the licensee.


  34. (16) “Stamp” means the impression, device, stamp, label, or print manufactured, printed,

    1. or made as prescribed by the administrator to be affixed to packages of cigarettes, as evidence of


    2. the payment of the tax provided by this chapter or to indicate that the cigarettes are intended for a


    3. sale or distribution in this state that is exempt from state tax under the provisions of state law; and

    4. also includes impressions made by metering machines authorized to be used under the provisions


    5. of this chapter.


    6. 44-20-8.2. Transactions only with licensed manufacturers, importers, distributors,


    7. and dealers.


    8. A manufacturer or importer may sell or distribute cigarettes and/or other tobacco products


    9. and/or electronic nicotine-delivery system products to a person located or doing business within

    10. this state, only if such person is a licensed importer or distributor. An importer may obtain cigarettes


    11. and/or other tobacco products and/or electronic nicotine-delivery system products only from a


    12. licensed manufacturer. A distributor may sell or distribute cigarettes and/or other tobacco products


    13. and/or electronic nicotine-delivery system products to a person located or doing business within


    14. this state, only if such person is a licensed distributor or dealer. A distributor may obtain cigarettes

    15. and/or other tobacco products and/or electronic nicotine-delivery system products only from a


    16. licensed manufacturer, importer, or distributor. A dealer may obtain cigarettes and/or other tobacco


    17. products and/or electronic nicotine-delivery system products only from a licensed distributor.


    18. Provided, however, this section shall not apply to cigars. Provided, further, a distributor


    19. who qualifies for a license under § 44-20-1(4)(v) may also obtain pipe tobacco products from an

    20. unlicensed manufacturer, importer, or distributor.


    21. 44-20-4.1. License availability.


    22. (a) No license under this chapter may be granted, maintained, or renewed if the applicant,


    23. or any combination of persons owning directly or indirectly any interests in the applicant:


    24. (1) Owes five hundred dollars ($500) or more in delinquent taxes;


    25. (2) Is delinquent in any tax filings for one month or more;

    26. (3) Had a license under this chapter revoked by the administrator within the past two (2)


    27. years;


    28. (4) Has been convicted of a crime relating to cigarettes and/or other tobacco products


    29. and/or any electronic nicotine-delivery system products;


    30. (5) Is a cigarette manufacturer or importer that is neither: (i) A participating manufacturer

    31. as defined in subsection II (jj) of the “Master Settlement Agreement” as defined in § 23-71-2; nor


    32. (ii) In full compliance with chapter 20.2 of this title and § 23-71-3;


    33. (6) Has imported, or caused to be imported, into the United States any cigarette and/or


    34. other tobacco product and/or electronic nicotine-delivery system products in violation of 19 U.S.C.

  1. § 1681a or any other state or federal law; or


  2. (7) Has imported, or caused to be imported into the United States, or manufactured for sale


  3. or distribution in the United States any cigarette that does not fully comply with the Federal

  4. Cigarette Labeling and Advertising Act (15 U.S.C. § 1331 et seq.).


  5. (b)(1) No person shall apply for a new license or permit (as defined in § 44-19-1) or renewal


  6. of a license or permit, and no license or permit shall be issued or renewed for any applicant, or any


  7. combination of persons owning directly or indirectly any interests in the applicant, unless all


  8. outstanding fines, fees, or other charges relating to any license or permit held by the applicant, or


  9. any combination of persons owning directly or indirectly any interests in the applicant, as well as

  10. any other tax obligations of the applicant, or any combination of persons owning directly or


  11. indirectly any interests in the applicant have been paid.


  12. (2) No license or permit shall be issued relating to a business until all prior licenses or


  13. permits relating to that business or to that location have been officially terminated and all fines,


  14. fees, or charges relating to the prior license or permit have been paid or otherwise resolved or the

  15. administrator has found that the person applying for the new license or permit is not acting as an


  16. agent for the prior licensee or permit holder who is subject to any such related fines, fees, or charges


  17. that are still due. Evidence of such agency status includes, but is not limited to, a direct familial


  18. relationship and/or an employment, contractual, or other formal financial or business relationship


  19. with the prior licensee or permit holder.

  20. (3) No person shall apply for a new license or permit pertaining to a specific location in


  21. order to evade payment of any fines, fees, or other charges relating to a prior license or permit.


  22. (4) No new license or permit shall be issued for a business at a specific location for which


  23. a license or permit already has been issued unless there is a bona fide, good-faith change in


  24. ownership of the business at that location. A distributor who qualifies for a license under § 44-20-


  25. 1(4)(v) may hold said license at the same location as its dealer's license.

  26. (5) No license or permit shall be issued, renewed, or maintained for any person, including


  27. the owners of the business being licensed or having applied and received a permit, that has been


  28. convicted of violating any criminal law relating to tobacco products, the payment of taxes, or fraud


  29. or has been ordered to pay civil fines of more than twenty-five thousand dollars ($25,000) for


  30. violations of any civil law relating to tobacco products, the payment of taxes, or fraud.

  31. SECTION 4. Chapter 44-30 of the General Laws entitled "Personal Income Tax" is hereby


  32. amended by adding thereto the following section:


  33. 44-30-104. Child Tax Credit.


  34. (a) Definitions. As used in this section:

  1. (1) “Child” means an individual who is eighteen years of age or under as of December 31


  2. of the tax year.


  3. (2) “Eligible taxpayer” means any natural person or persons domiciled in this state who

  4. filed a Rhode Island state personal income tax return for the tax year.


  5. (b) Child Tax Credit. For tax years beginning on or after January 1, 2027, a tax credit in


  6. the amount of three hundred thirty dollars ($330) shall be allowed for each claimed child on the


  7. resident tax return of the eligible taxpayer.


  8. (c) Child Tax Credit Phase Out


  9. (1) In the case of any eligible taxpayer filing a return as a single, married filing separately,

  10. head of household, or qualifying widow/widower taxpayer whose adjusted gross income, as


  11. modified pursuant to § 44-30-12, for the taxable year beginning on or after January 1, 2007,


  12. exceeds eighty-eight thousand five hundred dollars ($88,500), the credit amount shall be reduced


  13. by the applicable percentage. The term “applicable percentage” for purposes of this subsection


  14. means twenty (20) percentage points for each two thousand eight hundred seventy-five ($2,875)

  15. (or fraction thereof) by which the eligible taxpayer’s adjusted gross income for the taxable year


  16. exceeds eighty-eight thousand five hundred dollars ($88,500).


  17. (2) In the case of any eligible taxpayer filing a return as married filing jointly taxpayer


  18. whose adjusted gross income, as modified pursuant to § 44-30-12, for the taxable year beginning


  19. on or after January 1, 2027, exceeds one hundred ten thousand six hundred forty dollars ($110,640),

  20. the credit amount shall be reduced by the applicable percentage. The term “applicable percentage”


  21. for purposes of this subsection means twenty (20) percentage points for each three thousand five


  22. hundred ninety dollars ($3,590) (or fraction thereof) by which the eligible taxpayer’s adjusted gross


  23. income for the taxable year exceeds one hundred ten thousand six hundred forty dollars ($110,640).


  24. (d) Adjustment for inflation. The dollar amount contained in subsections (b) and (c) of this


  25. section shall be increased annually by an amount equal to:

  26. (I) Such dollar amount contained in subsections (b) and (c) of this section adjusted for


  27. inflation using a base tax year of 2026, multiplied by;


  28. (II) The cost-of-living adjustment with a base year of 2026.


  29. (III) For the purposes of this section, the cost-of-living adjustment for any calendar year is


  30. the percentage (if any) by which the consumer price index for the preceding calendar year exceeds

  31. the consumer price index for the base year. The consumer price index for any calendar year is the


  32. average of the consumer price index as of the close of the twelve-month (12) period ending on


  33. August 31, of such calendar year.


  34. (IV) For the purpose of this section the term “consumer price index” means the last

    1. consumer price index for all urban consumers published by the department of labor. For the purpose


    2. of this section the revision of the consumer price index that is most consistent with the consumer


    3. price index for calendar year 1986 shall be used.

    4. (V) If any increase determined under this section is not a multiple of five dollars ($5.00),


    5. such increase shall be rounded to the next lower multiple of five dollars ($5.00).


    6. SECTION 5. Sections 44-30-2.6 and 44-30-12 of the General Laws in Chapter 44-30


    7. entitled "Personal Income Tax" are hereby amended to read as follows:


    8. 44-30-2.6. Rhode Island taxable income — Rate of tax.


    9. (a) “Rhode Island taxable income” means federal taxable income as determined under the

    10. Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard-


    11. deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax


    12. Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of


    13. 2001 (EGTRRA), and as modified by the modifications in § 44-30-12.


    14. (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on

    15. or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island


    16. taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five


    17. and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002


    18. and thereafter of the federal income tax rates, including capital gains rates and any other special


    19. rates for other types of income, except as provided in § 44-30-2.7, which were in effect immediately

    20. prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA);


    21. provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable


    22. year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal


    23. Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a


    24. taxpayer may elect to use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or


    25. her personal income tax liability.

    26. (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative


    27. minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island


    28. alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by


    29. multiplying the federal tentative minimum tax without allowing for the increased exemptions under


    30. the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251

    31. Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year


    32. 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product


    33. to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer’s


    34. Rhode Island alternative minimum tax.

      1. (1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption


      2. amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by


      3. the tax administrator in the manner prescribed for adjustment by the commissioner of Internal

      4. Revenue in 26 U.S.C. § 1(f).


      5. (2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode


      6. Island taxable income shall be determined by deducting from federal adjusted gross income as


      7. defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island


      8. itemized-deduction amount and the Rhode Island exemption amount as determined in this section.


      9. (A) Tax imposed.

      10. (1) There is hereby imposed on the taxable income of married individuals filing joint


      11. returns and surviving spouses a tax determined in accordance with the following table:


        12

        If taxable income is:

        The tax is:

        13

        Not over $53,150

        3.75% of taxable income

        14

        Over $53,150 but not over $128,500

        $1,993.13 plus 7.00% of the excess over $53,150

        15

        Over $128,500 but not over $195,850

        $7,267.63 plus 7.75% of the excess over $128,500

        16

        Over $195,850 but not over $349,700

        $12,487.25 plus 9.00% of the excess over $195,850

        17

        Over $349,700

        $26,333.75 plus 9.90% of the excess over $349,700

        18

        (2) There is hereby imposed on

        the taxable income of every head of household a tax


        19 determined in accordance with the following table:

        20

        If taxable income is:

        The tax is:

        21

        Not over $42,650

        3.75% of taxable income

        22

        Over $42,650 but not over $110,100

        $1,599.38 plus 7.00% of the excess over $42,650

        23

        Over $110,100 but not over $178,350

        $6,320.88 plus 7.75% of the excess over $110,100

        24

        Over $178,350 but not over $349,700

        $11,610.25 plus 9.00% of the excess over $178,350

        25

        Over $349,700

        $27,031.75 plus 9.90% of the excess over $349,700


        1. (3) There is hereby imposed on the taxable income of unmarried individuals (other than


        2. surviving spouses and heads of households) a tax determined in accordance with the following


        3. table:


        4. If taxable income is: The tax is:


        30

        Not over $31,850

        3.75% of taxable income

        31

        Over $31,850 but not over $77,100

        $1,194.38 plus 7.00% of the excess over $31,850

        32

        Over $77,100 but not over $160,850

        $4,361.88 plus 7.75% of the excess over $77,100

        33

        Over $160,850 but not over $349,700

        $10,852.50 plus 9.00% of the excess over $160,850

        34

        Over $349,700

        $27,849.00 plus 9.90% of the excess over $349,700

        1. (4) There is hereby imposed on the taxable income of married individuals filing separate


        2. returns and bankruptcy estates a tax determined in accordance with the following table:


        3. If taxable income is: The tax is:

        4. Not over $26,575 3.75% of taxable income


        5. Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575


        6. Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250


        7. Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925


        8. Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850


        9. (5) There is hereby imposed a taxable income of an estate or trust a tax determined in

        10. accordance with the following table:


        11. If taxable income is: The tax is:


        12. Not over $2,150 3.75% of taxable income


        13. Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150


        14. Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000

        15. Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650


        16. Over $10,450 $737.50 plus 9.90% of the excess over $10,450


        17. (6) Adjustments for inflation.


        18. The dollars amount contained in paragraph (A) shall be increased by an amount equal to:


        19. (a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by;

        20. (b) The cost-of-living adjustment determined under section (J) with a base year of 1993;


        21. (c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making


        22. adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall


        23. be determined under section (J) by substituting “1994” for “1993.”


        24. (B) Maximum capital gains rates.


        25. (1) In general.

        26. If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax


        27. imposed by this section for such taxable year shall not exceed the sum of:


        28. (a) 2.5% of the net capital gain as reported for federal income tax purposes under section


        29 26 U.S.C. § 1(h)(1)(a) and 26 U.S.C. § 1(h)(1)(b).


        30 (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.

        31 § 1(h)(1)(c).


        32 (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26


        33 U.S.C. § 1(h)(1)(d).


        34 (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.

        1 § 1(h)(1)(e).


        1. (2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain


        2. shall be determined under subdivision 44-30-2.6(c)(2)(A).

        3. (C) Itemized deductions.


        4. (1) In general.


        5. For the purposes of section (2), “itemized deductions” means the amount of federal


        6. itemized deductions as modified by the modifications in § 44-30-12.


        7. (2) Individuals who do not itemize their deductions.


        8. In the case of an individual who does not elect to itemize his deductions for the taxable

        9. year, they may elect to take a standard deduction.


        10. (3) Basic standard deduction.


        11. The Rhode Island standard deduction shall be allowed in accordance with the following


        12. table:


        13. Filing status Amount

        14. Single $5,350


        15. Married filing jointly or qualifying widow(er) $8,900


        16. Married filing separately $4,450


        17. Head of Household $7,850


        18. (4) Additional standard deduction for the aged and blind.

        19. An additional standard deduction shall be allowed for individuals age sixty-five (65) or


        20. older or blind in the amount of $1,300 for individuals who are not married and $1,050 for


        21. individuals who are married.


        22. (5) Limitation on basic standard deduction in the case of certain dependents.


        23. In the case of an individual to whom a deduction under section (E) is allowable to another


        24. taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of:

        26 (a) $850;


        1. (b) The sum of $300 and such individual’s earned income;


        2. (6) Certain individuals not eligible for standard deduction.


        3. In the case of:


        4. (a) A married individual filing a separate return where either spouse itemizes deductions;

        5. (b) Nonresident alien individual;


        6. (c) An estate or trust;


        7. The standard deduction shall be zero.


        8. (7) Adjustments for inflation.

        1. Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount


        2. equal to:


        3. (a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied

        4. by


        5. (b) The cost-of-living adjustment determined under section (J) with a base year of 1988.


        6. (D) Overall limitation on itemized deductions.


        7. (1) General rule.


        8. In the case of an individual whose adjusted gross income as modified by § 44-30-12


        9. exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the

        10. taxable year shall be reduced by the lesser of:


        11. (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12


        12. over the applicable amount; or


        13. (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for


        14. such taxable year.

        15. (2) Applicable amount.


        16. (a) In general.


        17. For purposes of this section, the term “applicable amount” means $156,400 ($78,200 in the


        18. case of a separate return by a married individual)


        19. (b) Adjustments for inflation.

        20. Each dollar amount contained in paragraph (a) shall be increased by an amount equal to:


        21. (i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by


        22. (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.


        23. (3) Phase-out of Limitation.


        24. (a) In general.


        25. In the case of taxable year beginning after December 31, 2005, and before January 1, 2010,

        26. the reduction under section (1) shall be equal to the applicable fraction of the amount which would


        27. be the amount of such reduction.


        28. (b) Applicable fraction.


        29. For purposes of paragraph (a), the applicable fraction shall be determined in accordance


        30. with the following table:

        31. For taxable years beginning in calendar year The applicable fraction is


        32 2006 and 2007 ⅔


        33 2008 and 2009 ⅓


        34 (E) Exemption amount.

        1. (1) In general.


        2. Except as otherwise provided in this subsection, the term “exemption amount” means


        3 $3,400.

        1. (2) Exemption amount disallowed in case of certain dependents.


        2. In the case of an individual with respect to whom a deduction under this section is allowable


        3. to another taxpayer for the same taxable year, the exemption amount applicable to such individual


        4. for such individual's taxable year shall be zero.


        5. (3) Adjustments for inflation.


        6. The dollar amount contained in paragraph (1) shall be increased by an amount equal to:

        7. (a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by


        8. (b) The cost-of-living adjustment determined under section (J) with a base year of 1989.


        9. (4) Limitation.


        10. (a) In general.


        11. In the case of any taxpayer whose adjusted gross income as modified for the taxable year

        12. exceeds the threshold amount shall be reduced by the applicable percentage.


        13. (b) Applicable percentage.


        14. In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the


        15. threshold amount, the exemption amount shall be reduced by two (2) percentage points for each


        16. $2,500 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year

        17. exceeds the threshold amount. In the case of a married individual filing a separate return, the


        18. preceding sentence shall be applied by substituting “$1,250” for “$2,500.” In no event shall the


        19. applicable percentage exceed one hundred percent (100%).


        20. (c) Threshold Amount.


        21. For the purposes of this paragraph, the term ‘‘threshold amount’’ shall be determined with


        22. the following table:

        23. Filing status Amount


        24. Single $156,400


        25. Married filing jointly of qualifying widow(er) $234,600


        26. Married filing separately $117,300


        27. Head of Household $195,500

        28. (d) Adjustments for inflation.


        29. Each dollar amount contained in paragraph (b) shall be increased by an amount equal to:


        30. (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by


        31. (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.

        1. (5) Phase-out of limitation.


        2. (a) In general.


        3. In the case of taxable years beginning after December 31, 2005, and before January 1,

        4. 2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which


        5. would be the amount of such reduction.


        6. (b) Applicable fraction.


        7. For the purposes of paragraph (a), the applicable fraction shall be determined in accordance


        8. with the following table:


        9. For taxable years beginning in calendar year The applicable fraction is

        10 2006 and 2007 ⅔


        11 2008 and 2009 ⅓


      12. (F) Alternative minimum tax.


      13. (1) General rule. There is hereby imposed (in addition to any other tax imposed by this


      14. subtitle) a tax equal to the excess (if any) of:

      15. (a) The tentative minimum tax for the taxable year, over


      16. (b) The regular tax for the taxable year.


      17. (2) The tentative minimum tax for the taxable year is the sum of:


      18. (a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus


      19. (b) 7.0 percent of so much of the taxable excess above $175,000.

      20. (3) The amount determined under the preceding sentence shall be reduced by the alternative


      21. minimum tax foreign tax credit for the taxable year.


      22. (4) Taxable excess. For the purposes of this subsection the term “taxable excess” means so


      23. much of the federal alternative minimum taxable income as modified by the modifications in § 44-


      24. 30-12 as exceeds the exemption amount.


      25. (5) In the case of a married individual filing a separate return, subparagraph (2) shall be

      26. applied by substituting “$87,500” for $175,000 each place it appears.


      27. (6) Exemption amount.


      28. For purposes of this section "exemption amount" means:


      29. Filing status Amount


      30. Single $39,150

      31. Married filing jointly or qualifying widow(er) $53,700


      32. Married filing separately $26,850


      33. Head of Household $39,150


      34. Estate or trust $24,650

        1. (7) Treatment of unearned income of minor children


        2. (a) In general.


        3. In the case of a minor child, the exemption amount for purposes of section (6) shall not

        4. exceed the sum of:


        5. (i) Such child's earned income, plus


        6. (ii) $6,000.


        7. (8) Adjustments for inflation.


        8. The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount


        9. equal to:

        10. (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by


        11. (b) The cost-of-living adjustment determined under section (J) with a base year of 2004.


        12. (9) Phase-out.


        13. (a) In general.


        14. The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount

        15. equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income


        16. of the taxpayer exceeds the threshold amount.


        17. (b) Threshold amount.


        18. For purposes of this paragraph, the term “threshold amount” shall be determined with the


        19. following table:

        20. Filing status Amount


        21. Single $123,250


        22. Married filing jointly or qualifying widow(er) $164,350


        23. Married filing separately $82,175


        24. Head of Household $123,250


        25. Estate or Trust $82,150

        26. (c) Adjustments for inflation


        27. Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:


        28. (i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by


        29. (ii) The cost-of-living adjustment determined under section (J) with a base year of 2004.


        30. (G) Other Rhode Island taxes.

        31. (1) General rule. There is hereby imposed (in addition to any other tax imposed by this


        32. subtitle) a tax equal to twenty-five percent (25%) of:


        33. (a) The Federal income tax on lump-sum distributions.


        34. (b) The Federal income tax on parents' election to report child's interest and dividends.

  1. (c) The recapture of Federal tax credits that were previously claimed on Rhode Island


  2. return.


  3. (H) Tax for children under 18 with investment income.

  4. (1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of:


  5. (a) The Federal tax for children under the age of 18 with investment income.


  6. (I) Averaging of farm income.


  7. (1) General rule. At the election of an individual engaged in a farming business or fishing


  8. business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:


  9. (a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. §

10 1301].


  1. (J) Cost-of-living adjustment.


  2. (1) In general.


  3. The cost-of-living adjustment for any calendar year is the percentage (if any) by which:


  4. (a) The CPI for the preceding calendar year exceeds

  5. (b) The CPI for the base year.


  6. (2) CPI for any calendar year.


  7. For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer


  8. price index as of the close of the twelve (12) month period ending on August 31 of such calendar


  9. year.

  10. (3) Consumer price index.


  11. For purposes of paragraph (2), the term “consumer price index” means the last consumer


  12. price index for all urban consumers published by the department of labor. For purposes of the


  13. preceding sentence, the revision of the consumer price index that is most consistent with the


  14. consumer price index for calendar year 1986 shall be used.


  15. (4) Rounding.

  16. (a) In general.


  17. If any increase determined under paragraph (1) is not a multiple of $50, such increase shall


  18. be rounded to the next lowest multiple of $50.


  19. (b) In the case of a married individual filing a separate return, subparagraph (a) shall be


  20. applied by substituting “$25” for $50 each place it appears.

  21. (K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer


  22. entitled to any of the following federal credits enacted prior to January 1, 1996, shall be entitled to


  23. a credit against the Rhode Island tax imposed under this section:


    34 (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5.]

    1. (2) Child and dependent care credit;


    2. (3) General business credits;


    3. (4) Credit for elderly or the disabled;

    4. (5) Credit for prior year minimum tax;


    5. (6) Mortgage interest credit;


    6. (7) Empowerment zone employment credit;


    7. (8) Qualified electric vehicle credit.


    8. (L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006,


    9. a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island

    10. tax imposed under this section if the adopted child was under the care, custody, or supervision of


    11. the Rhode Island department of children, youth and families prior to the adoption.


    12. (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits


    13. provided there shall be no deduction based on any federal credits enacted after January 1, 1996,


    14. including the rate reduction credit provided by the federal Economic Growth and Tax

    15. Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be


    16. reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax


    17. purposes shall determine the Rhode Island amount to be recaptured in the same manner as


    18. prescribed in this subsection.


    19. (N) Rhode Island earned-income credit.

    20. (1) In general.


    21. For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned-


    22. income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent


    23. (25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode


    24. Island income tax.


    25. For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer

    26. entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit


    27. equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the


    28. amount of the Rhode Island income tax.


    29. For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned-


    30. income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half

    31. percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the


    32. Rhode Island income tax.


    33. For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned-


    34. income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%)

  1. of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island


  2. income tax.


  3. For tax years beginning on or after January 1, 2024, a taxpayer entitled to a federal earned-

  4. income credit shall be allowed a Rhode Island earned-income credit equal to sixteen percent (16%)


  5. of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island


  6. income tax.


  7. (2) Refundable portion.


  8. In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this


  9. section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall

  10. be allowed as follows.


  11. (i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable


  12. earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned-


  13. income credit exceeds the Rhode Island income tax.


  14. (ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2)

  15. refundable earned-income credit means one hundred percent (100%) of the amount by which the


  16. Rhode Island earned-income credit exceeds the Rhode Island income tax.


  17. (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs


  18. (A) through (J) to the general assembly no later than February 1, 2010, and every three (3) years


  19. thereafter for inclusion in the statute.

  20. (3) For the period January 1, 2011, through December 31, 2011, and thereafter, “Rhode


  21. Island taxable income” means federal adjusted gross income as determined under the Internal


  22. Revenue Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-


  23. 30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph


  24. 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph


  25. 44-30-2.6(c)(3)(C).

  26. (A) Tax imposed.


  27. (I) There is hereby imposed on the taxable income of married individuals filing joint


  28. returns, qualifying widow(er), every head of household, unmarried individuals, married individuals


  29. filing separate returns and bankruptcy estates, a tax determined in accordance with the following


  30. table:

31 (1)


  1. RI Taxable Income RI Income Tax


  2. Over But not over Pay + % on Excess on the amount over


  3. $ 0 - $ 55,000 $ 0 + 3.75% $ 0

1 55,000 - 125,000 2,063 + 4.75% 55,000


2 125,000 - 5,388 + 5.99% 125,000


  1. (2) High-income surtax. For tax years beginning on or after January 1, 2027, until the tax

  2. year beginning January 1, 2028, there is hereby imposed on the taxable income of married


  3. individuals  filing  joint  returns,  qualifying  widow(er),  every  head  of  household,  unmarried


  4. individuals, married individuals filing separate returns and bankruptcy estates, a tax at one percent


  5. (1%) of Rhode Island taxable income over one million dollars ($1,000,000).


  6. (ii) For tax years beginning on or after January 1, 2028, until the tax year beginning January


  7. 1, 2029, there is hereby imposed on the taxable income of married individuals filing joint returns,

  8. qualifying widow(er), every head of household, unmarried individuals, married individuals filing


  9. separate returns and bankruptcy estates, a tax at two percent (2%) of Rhode Island taxable income


  10. over one million dollars $(1,000,000).


  11. (iii) For tax years beginning on or after January 1, 2029, there is hereby imposed on the


  12. taxable income of married individuals filing joint returns, qualifying widow(er), every head of

  13. household, unmarried individuals, married individuals filing separate returns and bankruptcy


  14. estates, a tax at three percent (3%) of Rhode Island taxable income over one million dollars


  15. ($1,000,000).


  16. (3) Highest Rhode Island withholding tax rate provided for individuals. For the


  17. purposes of this chapter, for tax years beginning on or after January 1, 2027, any reference to the

  18. highest Rhode Island withholding tax rate provided for individuals shall be the sum of the highest


  19. marginal  tax  rate  in  §  44-30-2.6(c)(3)(A)(I)(1)  and  the  high-income  surtax  in  §  44-30-


  20. 2.6(c)(3)(A)(I)(2).


  21. (4) Personal income tax. For the purposes of this title, any reference to personal income


  22. tax for individuals shall include the tax imposed in § 44-30-2.6(c)(3)(A)(I)(1) and the high-income


  23. surtax in § 44-30-2.6(c)(3)(A)(I)(2)

  24. (II) There is hereby imposed on the taxable income of an estate or trust a tax determined in


  25. accordance with the following table:


28 (1)


  1. RI Taxable Income RI Income Tax


  2. Over But not over Pay + % on Excess on the amount over

  3. $ 0 - $ 2,230 $ 0 + 3.75% $ 0


  4. 2,230 - 7,022 84 + 4.75% 2,230


  5. 7,022 - 312 + 5.99% 7,022


  6. High income tax.  For tax years beginning on or after January 1, 2027, until tax year

    1. beginning January 1, 2028, there is hereby imposed on the taxable income of an estate or trust, a


    2. tax at one percent (1%) of Rhode Island taxable income over $36,427.


    3. (ii) For tax years beginning on or after January 1, 2028, until tax year beginning January

    4. 1, 2029, there is hereby imposed on the taxable income of an estate or trust, a tax at two percent


    5. (2%) of Rhode Island taxable income over $36,427.


    6. (iii) For tax years beginning on or after January 1, 2029, there is hereby imposed on the


    7. taxable income of an estate or trust, a tax at three percent (3%) of Rhode Island taxable income


    8. over $36,427.


    9. (3) Personal income tax. For the purposes of this title, any reference to personal income

    10. tax for an estate or trust shall include the tax imposed in § 44-30-2.6(c)(3)(A)(II)(1) and the high-


    11. income surtax in § 44-30-2.6(c)(3)(A)(II)(2).


    12. (B) Deductions:


    13. (I) Rhode Island Basic Standard Deduction.


    14. Only the Rhode Island standard deduction shall be allowed in accordance with the

    15. following table:


    16. Filing status: Amount


    17. Single $7,500


    18. Married filing jointly or qualifying widow(er) $15,000


    19. Married filing separately $7,500

    20. Head of Household $11,250


    21. (II) Nonresident alien individuals, estates and trusts are not eligible for standard


    22. deductions.


    23. (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island


    24. purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand


    25. dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage.

    26. The term “applicable percentage” means twenty (20) percentage points for each five thousand


    27. dollars ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable


    28. year exceeds one hundred seventy-five thousand dollars ($175,000).


    29. (C) Exemption Amount:


    30. (I) The term “exemption amount” means three thousand five hundred dollars ($3,500)

    31. multiplied by the number of exemptions allowed for the taxable year for federal income tax


    32. purposes. For tax years beginning on or after 2018, the term “exemption amount” means the same


    33. as it does in 26 U.S.C. § 151 and 26 U.S.C. § 152 just prior to the enactment of the Tax Cuts and


    34. Jobs Act (Pub. L. No. 115-97) on December 22, 2017.

      1. (II) Exemption amount disallowed in case of certain dependents. In the case of an


      2. individual with respect to whom a deduction under this section is allowable to another taxpayer for


      3. the same taxable year, the exemption amount applicable to such individual for such individual’s

      4. taxable year shall be zero.


      5. (III) Identifying information required.


      6. (1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be


      7. allowed under this section with respect to any individual unless the Taxpayer Identification Number


      8. of such individual is included on the federal return claiming the exemption for the same tax filing


      9. period.

      10. (2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event


      11. that the Taxpayer Identification Number for each individual is not required to be included on the


      12. federal tax return for the purposes of claiming a personal exemption(s), then the Taxpayer


      13. Identification Number must be provided on the Rhode Island tax return for the purpose of claiming


      14. said exemption(s).

      15. (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island


      16. purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand


      17. dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term


      18. “applicable percentage” means twenty (20) percentage points for each five thousand dollars


      19. ($5,000) (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year

      20. exceeds one hundred seventy-five thousand dollars ($175,000).


      21. (E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30-


      22. 2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount


      23. equal to:


      24. (I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B)


      25. and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by;

      26. (II) The cost-of-living adjustment with a base year of 2000.


      27. (III) For tax years beginning on or after January 1, 2027, for §§ 44-30-2.6(c)(3)(A)(I)(2)


      28. and 44-30-2.6(c)(3)(A)(II)(2), the base tax year and the base year shall be 2026.


      29. (IV) For the purposes of this section, the cost-of-living adjustment for any calendar year is


      30. the percentage (if any) by which the consumer price index for the preceding calendar year exceeds

      31. the consumer price index for the base year. The consumer price index for any calendar year is the


      32. average of the consumer price index as of the close of the twelve-month (12) period ending on


      33. August 31, of such calendar year.


      34. (IV)(V) For the purpose of this section the term “consumer price index” means the last

        1. consumer price index for all urban consumers published by the department of labor. For the purpose


        2. of this section the revision of the consumer price index that is most consistent with the consumer


        3. price index for calendar year 1986 shall be used.

        4. (V)(VI) If any increase determined under this section is not a multiple of fifty dollars


        5. ($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the


        6. case of a married individual filing separate return, if any increase determined under this section is


        7. not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower


        8. multiple of twenty-five dollars ($25.00).


        9. (F) Credits against tax.

        10. (I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on


        11. or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be


        12. as follows:


        13. (a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit


        14. pursuant to subparagraph 44-30-2.6(c)(2)(N).

        15. (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided


16 in § 44-33-1 et seq.


  1. (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax


  2. credit as provided in § 44-30.3-1 et seq.


  3. (d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to

  4. other states pursuant to § 44-30-74.


  5. (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit


  6. as provided in § 44-33.2-1 et seq.


  7. (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture


  8. production tax credit as provided in § 44-31.2-1 et seq.


  9. (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of

  10. the federal child and dependent care credit allowable for the taxable year for federal purposes;


  11. provided, however, such credit shall not exceed the Rhode Island tax liability.


  12. (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for


  13. contributions to scholarship organizations as provided in chapter 62 of title 44.


  14. (i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable

  15. as if no withholding were required, but any amount of Rhode Island personal income tax actually


  16. deducted and withheld in any calendar year shall be deemed to have been paid to the tax


  17. administrator on behalf of the person from whom withheld, and the person shall be credited with


  18. having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable

  1. year of less than twelve (12) months, the credit shall be made under regulations of the tax


  2. administrator.


  3. (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in

  4. RI wavemaker fellowship program as provided in § 42-64.26-1 et seq.


  5. (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in


6 § 42-64.20-1 et seq.


  1. (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode


  2. Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq.


  3. (m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter,

  4. unused carryforward for such credit previously issued shall be allowed for the historic


  5. homeownership assistance act as provided in § 44-33.1-4. This allowance is for credits already


  6. issued pursuant to § 44-33.1-4 and shall not be construed to authorize the issuance of new credits


  7. under the historic homeownership assistance act.


  8. (n) Child tax credit: Effective for tax years beginning on or after January 1, 2027, credit

  9. shall be allowed for the child tax credit as provided in § 44-30-104.


  10. (2) Except as provided in section 1 above, no other state and federal tax credit shall be


  11. available to the taxpayers in computing tax liability under this chapter.


  12. 44-30-12. Rhode Island income of a resident individual.


  13. (a) General. The Rhode Island income of a resident individual means the individual’s

  14. adjusted gross income for federal income tax purposes, with the modifications specified in this


  15. section.


  16. (b) Modifications increasing federal adjusted gross income. There shall be added to


  17. federal adjusted gross income:


  18. (1) Interest income on obligations of any state, or its political subdivisions, other than


  19. Rhode Island or its political subdivisions;

  20. (2) Interest or dividend income on obligations or securities of any authority, commission,


  21. or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the


  22. extent exempted by the laws of the United States from federal income tax but not from state income


  23. taxes;


  24. (3) The modification described in § 44-30-25(g);

  25. (4)(i) The amount defined below of a nonqualified withdrawal made from an account in


  26. the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified


  27. withdrawal is:


  28. (A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal

    1. Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-


    2. 6.1; and


    3. (B) A withdrawal or distribution that is:

    4. (I) Not applied on a timely basis to pay “qualified higher education expenses” as defined


    5. in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made;


    6. (II) Not made for a reason referred to in § 16-57-6.1(e); or


    7. (III) Not made in other circumstances for which an exclusion from tax made applicable by


    8. Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover,


    9. withdrawal, or distribution is made within two (2) taxable years following the taxable year for

    10. which a contributions modification pursuant to subsection (c)(4) of this section is taken based on


    11. contributions to any tuition savings program account by the person who is the participant of the


    12. account at the time of the contribution, whether or not the person is the participant of the account


    13. at the time of the transfer, rollover, withdrawal, or distribution;


    14. (ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B)

    15. of this section, there shall be added to the federal adjusted gross income of that person for the


    16. taxable year of the withdrawal an amount equal to the lesser of:


    17. (A) The amount equal to the nonqualified withdrawal reduced by the sum of any


    18. administrative fee or penalty imposed under the tuition savings program in connection with the


    19. nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the

    20. person’s federal adjusted gross income for the taxable year; and


    21. (B) The amount of the person’s contribution modification pursuant to subsection (c)(4) of


    22. this section for the person’s taxable year of the withdrawal and the two (2) prior taxable years less


    23. the amount of any nonqualified withdrawal for the two (2) prior taxable years included in


    24. computing the person’s Rhode Island income by application of this subsection for those years. Any


    25. amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode

    26. Island income for residents, nonresidents, and part-year residents;


    27. (5) The modification described in § 44-30-25.1(d)(3)(i);


    28. (6) The amount equal to any unemployment compensation received but not included in


    29. federal adjusted gross income;


    30. (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a

    31. qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6);


    32. (8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck


    33. Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus


    34. Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or

  1. any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount


  2. of the loan forgiven exceeds $250,000, including an individual’s distributive share of the amount


  3. of a pass-through entity’s loan forgiveness in excess of $250,000; and

  4. (9) For the taxable year beginning on or before January 1, 2025, the amount of any income,


  5. deduction or allowance that would be subject to federal income tax but for the Congressional


  6. enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment. The


  7. enactment of the One Big Beautiful Bill Act or any other similar Congressional enactment and any


  8. Internal Revenue Service changes to forms, regulations, and/or processing which go into effect


  9. during the current tax year or within six (6) months of the beginning of the next tax year shall be

  10. deemed grounds for the promulgation of emergency rules and regulations under § 42-35-2.10 to


  11. effectuate the purpose of preserving the Rhode Island tax base under Rhode Island law with respect


  12. to the One Big Beautiful Bill Act or any other similar Congressional enactment; and


  13. (10) For any taxable year beginning on or after January 1, 2026, the amount of the


  14. deduction taken for domestic research and experimental expenditures under 26 U.S.C. § 174A less

  15. the amount of the deduction that would have been allowed as a deduction for domestic research


  16. and experimental expenditures under 26 U.S.C. § 174 immediately prior to the enactment of H.R.1


  17. (Pub. L. 119-21).


  18. (c) Modifications reducing federal adjusted gross income. There shall be subtracted


  19. from federal adjusted gross income:

  20. (1) Any interest income on obligations of the United States and its possessions to the extent


  21. includible in gross income for federal income tax purposes, and any interest or dividend income on


  22. obligations, or securities of any authority, commission, or instrumentality of the United States to


  23. the extent includible in gross income for federal income tax purposes but exempt from state income


  24. taxes under the laws of the United States; provided, that the amount to be subtracted shall in any


  25. case be reduced by any interest on indebtedness incurred or continued to purchase or carry

  26. obligations or securities the income of which is exempt from Rhode Island personal income tax, to


  27. the extent the interest has been deducted in determining federal adjusted gross income or taxable


  28. income;


29 (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1);


  1. (3) The amount of any withdrawal or distribution from the “tuition savings program”

  2. referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal


  3. or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal;


  4. (4) Contributions made to an account under the tuition savings program, including the


  5. “contributions carryover” pursuant to subsection (c)(4)(iv) of this section, if any, subject to the

  1. following limitations, restrictions, and qualifications:


  2. (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the


  3. taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint

  4. return;


  5. (ii) The following shall not be considered contributions:


  6. (A) Contributions made by any person to an account who is not a participant of the account


  7. at the time the contribution is made;


  8. (B) Transfers or rollovers to an account from any other tuition savings program account or


  9. from any other “qualified tuition program” under section 529 of the Internal Revenue Code, 26

  10. U.S.C. § 529; or


  11. (C) A change of the beneficiary of the account;


  12. (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer’s federal


  13. adjusted gross income to less than zero (0);


  14. (iv) The contributions carryover to a taxable year for purpose of this subdivision is the

  15. excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition


  16. savings program for all preceding taxable years for which this subsection is effective over the sum


  17. of:


  18. (A) The total of the subtractions under this subdivision allowable to the taxpayer for all


  19. such preceding taxable years; and

  20. (B) That part of any remaining contribution carryover at the end of the taxable year which


  21. exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable


  22. years not included in the addition provided for in this subdivision for those years. Any such part


  23. shall be disregarded in computing the contributions carryover for any subsequent taxable year;


  24. (v) For any taxable year for which a contributions carryover is applicable, the taxpayer


  25. shall include a computation of the carryover with the taxpayer’s Rhode Island personal income tax

  26. return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a


  27. joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a


  28. subsequent taxable year, the computation shall reflect how the carryover is being allocated between


  29. the prior joint filers;


  30. (5) The modification described in § 44-30-25.1(d)(1);

  31. (6) Amounts deemed taxable income to the taxpayer due to payment or provision of


  32. insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or


  33. other coverage plan;


  34. (7) Modification for organ transplantation.

  1. (i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted


  2. gross income if the individual, while living, donates one or more of their human organs to another


  3. human being for human organ transplantation, except that for purposes of this subsection, “human

  4. organ” means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract


  5. modification that is claimed hereunder may be claimed in the taxable year in which the human


  6. organ transplantation occurs.


  7. (ii) An individual may claim that subtract modification hereunder only once, and the


  8. subtract modification may be claimed for only the following unreimbursed expenses that are


  9. incurred by the claimant and related to the claimant’s organ donation:

  10. (A) Travel expenses.


  11. (B) Lodging expenses.


  12. (C) Lost wages.


  13. (iii) The subtract modification hereunder may not be claimed by a part-time resident or a


  14. nonresident of this state;

  15. (8) Modification for taxable Social Security income.


  16. (i) For tax years beginning on or after January 1, 2016, until the tax year beginning January


17 1, 2027:


  1. (A) For a person who has attained the age used for calculating full or unreduced Social


  2. Security retirement benefits who files a return as an unmarried individual, head of household, or

  3. married filing separate whose federal adjusted gross income for the taxable year is less than eighty


  4. thousand dollars ($80,000); or


  5. (B) A married individual filing jointly or individual filing qualifying widow(er) who has


  6. attained the age used for calculating full or unreduced Social Security retirement benefits whose


  7. joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars


  8. ($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross

  9. income.


  10. (ii) For the tax years beginning on or after January 1, 2027:


  11. (A) For a person who files a return as an unmarried individual, head of household, or


  12. married filing separate whose federal adjusted gross income for the taxable year is less than eighty


  13. thousand dollars ($80,000); or

  14. (B) A married individual filing jointly or individual filing qualifying widow(er) whose joint


  15. federal adjusted gross income for the taxable year is less than one hundred thousand dollars


  16. ($100,000), an amount equal to the Social Security benefits includible in federal adjusted gross


  17. income.

    1. (ii)(iii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A)


    2. and (c)(8)(i)(B) and (c)(8)(ii) of this section shall be increased annually by an amount equal to:


    3. (A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) and (c)(8)(ii)

    4. of this section adjusted for inflation using a base tax year of 2000, multiplied by;


    5. (B) The cost-of-living adjustment with a base year of 2000.


    6. (iii)(iv) For the purposes of this section the cost-of-living adjustment for any calendar year


    7. is the percentage (if any) by which the consumer price index for the preceding calendar year


    8. exceeds the consumer price index for the base year. The consumer price index for any calendar


    9. year is the average of the consumer price index as of the close of the twelve-month (12) period

    10. ending on August 31, of such calendar year.


    11. (iv)(v) For the purpose of this section the term “consumer price index” means the last


    12. consumer price index for all urban consumers published by the department of labor. For the purpose


    13. of this section the revision of the consumer price index which is most consistent with the consumer


    14. price index for calendar year 1986 shall be used.

    15. (v)(vi) If any increase determined under this section is not a multiple of fifty dollars


    16. ($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the


    17. case of a married individual filing separate return, if any increase determined under this section is


    18. not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower


    19. multiple of twenty-five dollars ($25.00);

    20. (9) Modification of taxable retirement income from certain pension plans or


    21. annuities.


    22. (i) For tax years beginning on or after January 1, 2017, until the tax year beginning January


    23. 1, 2022, a modification shall be allowed for up to fifteen thousand dollars ($15,000), and for tax


    24. years beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, a


    25. modification shall be allowed for up to twenty thousand dollars ($20,000), and for tax years

    26. beginning on or after January 1, 2025, a modification shall be allowed for up to fifty thousand


    27. dollars ($50,000), of taxable pension and/or annuity income that is included in federal adjusted


    28. gross income for the taxable year:


    29. (A) For a person who has attained the age used for calculating full or unreduced Social


    30. Security retirement benefits who files a return as an unmarried individual, head of household, or

    31. married filing separate whose federal adjusted gross income for such taxable year is less than the


    32. amount used for the modification contained in subsection (c)(8)(i)(A) of this section an amount not


    33. to exceed $15,000 for tax years beginning on or after January 1, 2017, until the tax year beginning


    34. January 1, 2022, and an amount not to exceed twenty thousand dollars ($20,000) for tax years

  1. beginning on or after January 1, 2023, until the tax year beginning January 1, 2024, and an amount


  2. not to exceed fifty thousand dollars ($50,000) for tax years beginning on or after January 1, 2025,


  3. of taxable pension and/or annuity income includible in federal adjusted gross income; or

  4. (B) For a married individual filing jointly or individual filing qualifying widow(er) who


  5. has attained the age used for calculating full or unreduced Social Security retirement benefits whose


  6. joint federal adjusted gross income for such taxable year is less than the amount used for the


  7. modification contained in subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000


  8. for tax years beginning on or after January 1, 2017, until the tax year beginning January 1, 2022,


  9. and an amount not to exceed twenty thousand dollars ($20,000) for tax years beginning on or after

10 January 1, 2023, until the tax year beginning January 1, 2024, and an amount not to exceed fifty


  1. thousand dollars ($50,000) for tax years beginning on or after January 1, 2025, of taxable pension


  2. and/or annuity income includible in federal adjusted gross income.


  3. (ii) For tax years beginning on or after January 1, 2025, a modification shall be allowed for


  4. up to fifty thousand dollars ($50,000) of taxable pension and/or annuity income that is included in

  5. federal adjusted gross income for the taxable year:


  6. (A) For a person who has attained the age used for calculating full or unreduced Social


  7. Security retirement benefits who files a return as an unmarried individual, head of household, or


  8. married filing separate whose federal adjusted gross income for the taxable year is less than one


  9. hundred seven thousand dollars ($107,000) an amount not to exceed fifty thousand dollars

  10. ($50,000) for tax years beginning on or after January 1, 2025, of taxable pension and/or annuity


  11. income includible in federal adjusted gross income; or


  12. (B) For a married individual filing jointly or individual filing qualifying widow(er) who


  13. has attained the age used for calculating full or unreduced Social Security retirement benefits whose


  14. joint federal adjusted gross income for the taxable year is less than one hundred thirty-three


  15. thousand seven hundred fifty dollars ($133,750) an amount not to exceed fifty thousand dollars

  16. ($50,000) for tax years beginning on or after January 1, 2025, of taxable pension and/or annuity


  17. income includible in federal adjusted gross income.


  18. (ii)(iii) Adjustment for inflation.


  19. (A) The dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B)


  20. of this section shall be increased annually for tax years beginning on or after January 1, 2018 until

  21. the tax year beginning on January 1, 2025, by an amount equal to:


  22. (A)(I) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and


  23. (c)(9)(i)(B) of this section adjusted for inflation using a base tax year of 2000, multiplied by;


  24. (B)(II) The cost-of-living adjustment with a base year of 2000.

  1. (B) For tax years beginning on or after January 1, 2026, the dollar amount contained in


  2. subsections (c)(9)(ii)(A) and (c)(9)(ii)(B) of this section shall be increased annually by an amount


  3. equal to:

  4. (I) Such dollar amount contained by reference in subsections (c)(9)(ii)(A) and (c)(9)(ii)(B)


  5. of this section adjusted for inflation using a base tax year of 2025, multiplied by;


  6. (II) The cost-of-living adjustment with a base year of 2025.


  7. (iii)(iv) For the purposes of this section, the cost-of-living adjustment for any calendar year


  8. is the percentage (if any) by which the consumer price index for the preceding calendar year


  9. exceeds the consumer price index for the base year. The consumer price index for any calendar

  10. year is the average of the consumer price index as of the close of the twelve-month (12) period


  11. ending on August 31, of such calendar year.


  12. (iv)(v) For the purpose of this section, the term “consumer price index” means the last


  13. consumer price index for all urban consumers published by the department of labor. For the purpose


  14. of this section, the revision of the consumer price index which is most consistent with the consumer

  15. price index for calendar year 1986 shall be used.


  16. (v)(vi) If any increase determined under this section is not a multiple of fifty dollars


  17. ($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the


  18. case of a married individual filing a separate return, if any increase determined under this section


  19. is not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower

  20. multiple of twenty-five dollars ($25.00).


  21. (vi)(vii) For tax years beginning on or after January 1, 2022, until the tax year beginning


22 January 1, 2025, the dollar amount contained by reference in subsection (c)(9)(i)(A) shall be


  1. adjusted to equal the dollar amount contained in subsection (c)(8)(i)(A), as adjusted for inflation,


  2. and the dollar amount contained by reference in subsection(c)(9)(i)(B) shall be adjusted to equal


  3. the dollar amount contained in subsection (c)(8)(i)(B), as adjusted for inflation;

  4. (10) Modification for Rhode Island investment in opportunity zones. For purposes of


  5. a taxpayer’s state tax liability, in the case of any investment in a Rhode Island opportunity zone by


  6. the taxpayer for at least seven (7) years, a modification to income shall be allowed for the


  7. incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and


  8. the federal benefit allowed under 26 U.S.C. § 1400Z-2(c);

  9. (11) Modification for military service pensions.


  10. (i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed


  11. as follows:


  12. (A) For the tax years beginning on January 1, 2023, a taxpayer may subtract from federal

    1. adjusted gross income the taxpayer’s military service pension benefits included in federal adjusted


    2. gross income;


    3. (ii) As used in this subsection, the term “military service” shall have the same meaning as

    4. set forth in 20 C.F.R. § 212.2;


    5. (iii) At no time shall the modification allowed under this subsection alone or in conjunction


    6. with subsection (c)(9) exceed the amount of the military service pension received in the tax year


    7. for which the modification is claimed;


    8. (12) Any rebate issued to the taxpayer pursuant to § 44-30-103 to the extent included in


    9. gross income for federal tax purposes; and

    10. (13) For tax years beginning on or after January 1, 2025, in the case of a taxpayer that is


    11. licensed in accordance with chapters 28.6 and/or 28.11 of title 21, the amount equal to any


    12. expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed under


    13. 26 U.S.C. § 280E; and


    14. (14) For any taxable year beginning on or after January 1, 2026, the amount as determined

    15. by the tax administrator required to be added back in a prior year that would have been allowed


    16. under 26 U.S.C. § 174A as enacted in H.R.1 (Pub. L. 119-21) on July 4, 2025, but would not have


    17. been allowed as a deduction under 26 U.S.C. § 174 immediately prior to its enactment. At no time


18 may the cumulative modification amount for each amortized expenditure exceed one hundred


  1. percent (100%) of said expenditure’s expense amount.

  2. (d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or


  3. subtracted from, federal adjusted gross income (as the case may be) the taxpayer’s share, as


  4. beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-


  5. 30-17.


  6. (e) Partners. The amounts of modifications required to be made under this section by a


  7. partner, which relate to items of income or deduction of a partnership, shall be determined under §

  8. 44-30-15.


  9. SECTION 6. This article shall take effect upon passage.

    =======

    art.007/6/007/5/007/4/007/3/007/2/007/1

    =======

    1. ARTICLE 7


    2. RELATING TO EDUCATION


    3. SECTION 1. Section 16-2-34 of the General Laws in Chapter 16-2 entitled "School


    4. Committees and Superintendents [See Title 16 Chapter 97 — The Rhode Island Board of Education


    5. Act]" is hereby repealed.


    6. 16-2-34. Central Falls School District board of trustees.


    7. (a) There is hereby established a seven (7) member board of trustees, which shall govern

    8. the Central Falls School District. With the exception of those powers and duties reserved by the


    9. commissioner of elementary and secondary education, and the board of regents for elementary and


    10. secondary education, the board of trustees shall have the powers and duties of school committees.


    11. Notwithstanding any provision of law to the contrary, the commissioner of elementary and


    12. secondary education, as the executive agent of the board of regents for elementary and secondary

    13. education, is authorized to exercise in whole or in part care, control, and management over the


    14. public schools of the Central Falls school district within the scope of authority of the board of


    15. trustees and board of regents, whenever the commissioner deems such intervention to be necessary


    16. and appropriate.


    17. (b) The board of regents for elementary and secondary education shall appoint the members


    18. of the board of trustees from nominations made by the commissioner of elementary and secondary

    19. education. The chairperson shall also be selected in this manner. The board of regents shall


    20. determine the number, qualifications, and terms of office of members of the board of trustees,


    21. provided however, that at least four (4) of the members shall be residents of the city and parents of


    22. current or former Central Falls public school students. The remaining three (3) shall be appointed


    23. at large.

    24. (c) The board of regents shall provide parameters for overall budget requests, approve the


    25. budget, and otherwise participate in budget development.


    26. (d) The commissioner of elementary and secondary education shall recommend parameters


    27. for overall budget requests, recommend a budget, and otherwise participate in budget development.


    28. (e) The commissioner shall approve the process for selection of the superintendent.

    29. (f) The board of trustees shall meet monthly and serve without compensation. The board


    30. of trustees shall have broad policy making authority for the operation of the school, as well as the

  1. following powers and duties:


  2. (1) To identify the educational needs of the district;


  3. (2) To develop educational policies to meet the needs of students in the school district;

  4. (3) To appoint a superintendent to serve as its chief executive officer and to approve


  5. assistant and associate superintendents from nominations made by the superintendent;


  6. (4) To provide policy guidance and otherwise participate in budget development; and


  7. (5) To develop staffing policies which ensure that all students are taught by educators of


  8. the highest possible quality.


  9. (g) The superintendent shall serve at the pleasure of the board of trustees with the initial

  10. appointment to be for a period of not more than three (3) years; provided, however, that the terms


  11. and conditions of employment are subject to the approval of the board of regents for elementary


  12. and secondary education.


  13. (h) It shall be the responsibility of the superintendent to manage and operate the school on


  14. a day-to-day basis. The superintendent's duties shall include the following:

  15. (1) To be responsible for the care, supervision, and management of the schools;


  16. (2) To recommend to the board of trustees educational policies to meet the needs of the


  17. district, and to implement policies established by the board of trustees;


  18. (3) To present nominations to the board of trustees for assistant and associate


  19. superintendents and to appoint all other school personnel;

  20. (4) To provide for the evaluation of all school district personnel;


  21. (5) To establish a school based management approach for decision making for the operation


  22. of the school;


  23. (6) To prepare a budget and otherwise participate in budget development as required, and


  24. to authorize purchases consistent with the adopted school district budget;


  25. (7) To report to the board of trustees, on a regular basis, the financial condition and

  26. operation of the schools, and to report annually on the educational progress of the schools;


  27. (8) To establish appropriate advisory committees as needed to provide guidance on new


  28. directions and feedback on the operation of the schools;


  29. (9) With policy guidance from the board of trustees and extensive involvement of the


  30. administrators and faculty in the school, to annually prepare a budget. The board of trustees shall

  31. approve the budget and transmit it to the commissioner. The board of regents for elementary and


  32. secondary education, upon recommendation of the commissioner of elementary and secondary


  33. education, shall provide parameters for the overall budget request. Based on review and


  34. recommendation by the commissioner, the board of regents shall approve the total budget and

  1. incorporate it into its budget request to the governor and to the general assembly. Line item


  2. budgeting decisions shall be the responsibility of the superintendent; and


  3. (10) To negotiate, along with the chairperson of the board of trustees and his or her

  4. appointed designee, all district employment contracts, which contracts shall be subject to the


  5. approval of the commissioner of elementary and secondary education with the concurrence of the


  6. board of regents.


  7. (i) Nothing in this section shall be deemed to limit or otherwise interfere with the rights of


  8. teachers and other school employees to bargain collectively pursuant to chapters 9.3 and 9.4 of title


  9. 28, to exercise rights afforded under any statute including, but not limited to, Title 16, or to allow

  10. the commissioner, board of trustees or the superintendent to abrogate any agreement by collective


  11. bargaining.


  12. (j) The appointment of the special state administrator for the Central Falls School District


  13. and the Central Falls School District Advisory Group, created by chapter 312 of the Rhode Island


  14. Public Laws of 1991, will no longer be in effect upon the selection and appointment of the board

  15. of trustees created in this section. All powers and duties of the special state administrator and the


  16. Central Falls School District Advisory Group are hereby transferred and assigned to the board of


  17. trustees created in this section, upon the selection and appointment of that board.


  18. SECTION 2. Chapter 16-7 of the General Laws entitled "Foundation Level School Support


  19. [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by

  20. adding thereto the following section:


  21. 16-7-23.3. Central Falls schools -- Return to local control -- Local appropriation.


  22. (a) In fiscal years 2027 and thereafter, the city of Central Falls will contribute to the Central


  23. Falls School District an amount at least equal to the sum of:


  24. (1) One percent (1%) of the city's prior year total tax levy;


  25. (2) The city's prior year contribution; and

  26. (3) A contribution from the Central Falls school district's fund balance beginning with


  27. $500,000 in fiscal year 2027, reduced by $50,000 annually in accordance with the final report of


  28. the Special Joint Legislative Commission to Study the Return of Central Falls Schools to Local


  29. Governance with a target end point that meets the Government Finance Officers Association’s


  30. standards  and  aligns  with  the  department  of  elementary  and  secondary  education’s  fiscal

  31. accountability standards and annual reporting to ensure adequate funding of the foundation


  32. education aid for all Central Falls students.


  33. (b) As authorized in § 44-5-2, the city of Central Falls may exceed the maximum levy to


  34. fulfill its obligation to contribute the amount required this section.

    1. (c) No later than September 30, 2030, as preparation for the fiscal year 2032 budgeting


    2. process, the city of Central Falls (including the Central Falls school district), the division of


    3. municipal finance, and the department of elementary and secondary education shall conduct a

    4. review of the funding requirements set forth in this section and provide their recommendations for


    5. any modifications which should be made to the governor, speaker of the house, and president of


    6. the senate.


    7. SECTION 3. Section 16-7-41.1 of the General Laws in Chapter 16-7 entitled "Foundation


    8. Level School Support [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is


    9. hereby amended to read as follows:

    10. 16-7-41.1. Eligibility for reimbursement.


    11. (a) School districts, not municipalities, may apply for and obtain approval for a project


    12. under the necessity of school construction process set forth in the regulations of the council on


    13. elementary and secondary education, provided, however, in the case of a municipality that issues


    14. bonds through the Rhode Island health and educational building corporation to finance or refinance

    15. school facilities for a school district that is not part of the municipality, the municipality may apply


    16. for and obtain approval for a project. Such approval will remain valid until June 30 of the third


    17. fiscal year following the fiscal year in which the council on elementary and secondary education’s


    18. approval is granted. Only those projects undertaken at school facilities under the care and control


    19. of the school committee and located on school property may qualify for reimbursement under §§

    20. 16-7-35 — 16-7-47. Facilities with combined school and municipal uses or facilities that are


    21. operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under


    22. §§ 16-7-35 — 16-7-47. Projects completed by June 30 of a fiscal year are eligible for


    23. reimbursement in the following fiscal year. A project for new school housing or additional housing


    24. shall be deemed to be completed when the work has been officially accepted by the school


    25. committee or when the housing is occupied for its intended use by the school committee, whichever

    26. is earlier.


    27. (b) Notwithstanding the provisions of this section, the board of regents shall not grant final


    28. approval for any project between June 30, 2011, and May 1, 2015, except for projects that are


    29. necessitated by immediate health and safety reasons. In the event that a project is requested during


    30. the moratorium because of immediate health and safety reasons, those proposals shall be reported

    31. to the chairs of the house and senate finance committees.


    32. (c) Any project approval granted prior to the adoption of the school construction


    33. regulations in 2007, and which are currently inactive; and any project approval granted prior to the


    34. adoption of the school construction regulations in 2007 which did not receive voter approval or

  1. which has not been previously financed, are no longer eligible for reimbursement under this


  2. chapter. The department of elementary and secondary education shall develop recommendations


  3. for further cost containment strategies in the school housing aid program.

  4. (d) Beginning July 1, 2015, the council on elementary and secondary education shall


  5. approve new necessity of school construction applications on an annual basis. The department of


  6. elementary and secondary education shall develop an annual application timeline for local


  7. education agencies seeking new necessity of school construction approvals.


  8. (e) Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten


  9. million dollars ($10,000,000) unless the prime contractor for the project has received

  10. prequalification from the school building authority. However, for projects commencing after July


  11. 1, 2026, and for subsequent fiscal years, no state funding shall be provided for projects in excess


  12. of ten million dollars ($10,000,000) unless the prime contractor for the project has received


  13. prequalification from the division of purchases.


  14. (f) Beginning July 1, 2019, the necessity of school construction process set forth in the

  15. regulations of the council on elementary and secondary education shall include a single statewide


  16. process, developed with the consultation of the department of environmental management, that will


  17. ensure community involvement throughout the investigation and remediation of contaminated


  18. building sites for possible reuse as the location of a school. That process will fulfill all provisions


  19. of § 23-19.14-5 related to the investigation of reuse of such sites for schools.

  20. (g) Beginning July 1, 2019, school housing projects exceeding one million five hundred


  21. thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a


  22. commissioning agent. The cost of the program manager and commissioning agent shall be


  23. considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5. However, for


  24. projects completing after July 1, 2026, and subsequent fiscal years, school housing projects


  25. exceeding ten million dollars ($10,000,000) subject to inflation shall include an owner’s program

  26. manager and a commissioning agent. The cost of the program manager and commissioning agent


  27. shall not exceed three percent (3%) of total project costs and shall be considered a project cost


  28. eligible for aid pursuant to §§ 16-7-41 and 16-105-5.


  29. (h) Temporary housing, or swing space, for students shall be a reimbursable expense so


  30. long as a district can demonstrate that no other viable option to temporarily house students exists

  31. and provided that use of the temporary space is time limited for a period not to exceed twenty-four


  32. (24) months and tied to a specific construction project.


  33. (i) Environmental site remediation, as defined by the school building authority, shall be a


  34. reimbursable expense up to one million dollars ($1,000,000) per project.

    1. (j) If, within thirty (30) years of construction, a newly constructed school is sold to a private


    2. entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid


    3. reimbursement rate at the time of project completion.

    4. (k) All projects must comply with § 37-13-6, ensuring that prevailing wage laws are being


    5. followed, and § 37-14.1-6, ensuring that minority business enterprises reach the required minimum


    6. participation.


    7. SECTION 4. Sections 16-7.2-3, 16-7.2-5 and 16-7.2-9 of the General Laws in Chapter 16-


    8. 7.2 entitled "The Education Equity and Property Tax Relief Act" are hereby amended to read as


    9. follows:

    10. 16-7.2-3. Permanent foundation education aid established.


    11. (a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall


    12. take effect. The foundation education aid for each district shall be the sum of the core instruction


    13. amount in subsection (a)(1) of this section and the amount to support high-need students in


    14. subsection (a)(2) of this section, which shall be multiplied by the district state-share ratio calculated

    15. pursuant to § 16-7.2-4 to determine the foundation aid.


    16. (1) The core instruction amount shall be an amount equal to a statewide, per-pupil core


    17. instruction amount as established by the department of elementary and secondary education,


    18. derived from the average of northeast regional expenditure data for the states of Rhode Island,


    19. Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics

    20. (NCES) that will adequately fund the student instructional needs as described in the basic education


    21. program and multiplied by the district average daily membership as defined in § 16-7-22.


    22. Expenditure data in the following categories: instruction and support services for students,


    23. instruction, general administration, school administration, and other support services from the


    24. National Public Education Financial Survey, as published by NCES, and enrollment data from the


    25. Common Core of Data, also published by NCES, will be used when determining the core

    26. instruction amount. The core instruction amount will be updated annually. For the purpose of


    27. calculating this formula, school districts’ resident average daily membership shall exclude charter


    28. school and state-operated school students.


    29. (2) The amount to support high-need students beyond the core instruction amount shall be


    30. determined by:

    31. (i) Multiplying a student success factor of forty percent (40%); provided further, for the


    32. fiscal year beginning July 1, 2026, and for subsequent fiscal years, the student success factor shall


    33. be forty-three percent (43%) by the core instruction per-pupil amount described in subsection (a)(1)


    34. of this section and applying that amount for each resident child whose family income is at or below

  1. one hundred eighty-five percent (185%) of federal poverty guidelines, hereinafter referred to as


  2. “poverty status.” By October 1, 2022, as part of its budget submission pursuant to § 35-3-4 relative


  3. to state fiscal year 2024 and thereafter, the department of elementary and secondary education shall

  4. develop and utilize a poverty measure that in the department’s assessment most accurately serves


  5. as a proxy for the poverty status referenced in this subsection and does not rely on the


  6. administration of school nutrition programs. The department shall utilize this measure in


  7. calculations pursuant to this subsection related to the application of the student success factor, in


  8. calculations pursuant to § 16-7.2-4 related to the calculation of the state share ratio, and in the


  9. formulation of estimates pursuant to subsection (b) below. The department may also include any

  10. recommendations which seek to mitigate any disruptions associated with the implementation of


  11. this new poverty measure or improve the accuracy of its calculation. Beginning with the FY 2024


  12. calculation, students whose family income is at or below one hundred eighty-five percent (185%)


  13. of federal poverty guidelines will be determined by participation in the supplemental nutrition


  14. assistance program (SNAP). The number of students directly certified through the department of

  15. human services shall be multiplied by a factor of 1.6; and


  16. (ii) Multiplying a multilingual learner (MLL) factor of twenty percent (20%) by the core


  17. instruction per-pupil amount described in subsection (a)(1) of this section, applying that amount


  18. for each resident child identified in the three lowest proficiency categories using widely adopted,


  19. independent standards and assessments in accordance with subsection (f)(1) of this section and as

  20. identified by the commissioner and defined by regulations of the council on elementary and


  21. secondary education. Local education agencies shall report annually to the department of


  22. elementary and secondary education by September 1, outlining the planned and prior year use of


  23. all funding pursuant to this subsection to provide services to MLL students in accordance with


  24. requirements set forth by the commissioner of elementary and secondary education. The


  25. department shall review the use of funds to ensure consistency with established best practices.

  26. (b) The department of elementary and secondary education shall provide an estimate of the


  27. foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate


  28. shall include the most recent data available as well as an adjustment for average daily membership


  29. growth or decline based on the prior year experience.


  30. (c) In addition, the department shall report updated figures based on the average daily

  31. membership as of October 1 by December 1.


  32. (d) Local education agencies may set aside a portion of funds received under subsection


  33. (a) to expand learning opportunities such as after school and summer programs, full-day


  34. kindergarten and/or multiple pathway programs, provided that the basic education program and all

  1. other approved programs required in law are funded.


  2. (e) The department of elementary and secondary education shall promulgate such


  3. regulations as are necessary to implement fully the purposes of this chapter.

  4. (f)(1) By October 1, 2023, as part of its budget submission pursuant to § 35-3-4 relative to


  5. state fiscal year 2025, the department of elementary and secondary education shall evaluate the


  6. number of students by district who qualify as multilingual learner (MLL) students and MLL


  7. students whose family income is at or below one hundred eighty-five percent (185%) of federal


  8. poverty guidelines. The submission shall also include segmentation of these populations by levels


  9. as dictated by the WIDA multilingual learner assessment tool used as an objective benchmark for

  10. English proficiency. The department shall also prepare and produce expense data sourced from the


  11. uniform chart of accounts to recommend funding levels required to support students at the various


  12. levels of proficiency as determined by the WIDA assessment tool. Utilizing this information, the


  13. department shall recommend a funding solution to meet the needs of multilingual learners; this may


  14. include but not be limited to inclusion of MLL needs within the core foundation formula amount

  15. through one or multiple weights to distinguish different students of need or through categorical


  16. means.


  17. (2) By October 1, 2024, as part of its budget submission pursuant to § 35-3-4 relative to


  18. state fiscal year 2026, the department of elementary and secondary education shall develop


  19. alternatives to identify students whose family income is at or below one hundred eighty-five percent

  20. (185%) of federal poverty guidelines through participation in state-administered programs,


  21. including, but not limited to, the supplemental nutrition assistance program (SNAP), and RIteCare


  22. and other programs that include the collection of required supporting documentation. The


  23. department may also include any recommendations that seek to mitigate any disruptions associated


  24. with implementation of this new poverty measure or improve the accuracy of its calculation.


  25. (3) The department shall also report with its annual budget request information regarding

  26. local contributions to education aid and compliance with §§ 16-7-23 and 16-7-24. The report shall


  27. also compare these local contributions to state foundation education aid by community. The


  28. department shall also report compliance to each city or town school committee and city or town


  29. council.


  30. (4) By October 1, 2025, as part of its budget submission pursuant to § 35-3-4 relative to

  31. state fiscal year 2027, the department of elementary and secondary education shall submit a report


  32. developed in coordination with the department of administration and the Rhode Island longitudinal


  33. data system within the office of the postsecondary commissioner. The report shall provide an


  34. overview of the process for matching the department of human services program participation data

  1. to the department of elementary and secondary education student enrollment records for use in the


  2. education funding formula and recommend methods to ensure consistency and accuracy in future


  3. matching processes.

  4. (5) As part of its FY 2027 and FY 2028 budget submission submissions, the department


  5. shall also submit an estimate of foundation education aid that uses expanded direct certification


  6. with Medicaid matching in consultation with the Rhode Island longitudinal data system and the


  7. executive office of health and human services to identify students whose family income is at or


  8. below one hundred eighty-five percent (185%) of federal poverty guidelines, in addition to an


  9. estimate under the current law poverty determination.

  10. (6) By December 31, 2025, the department of elementary and secondary education shall


  11. also develop and submit a report to the governor, speaker of the house, and senate president on


  12. current and recommended processes to ensure the consistency and validity of submitted high-cost


  13. special education data from local education agencies.


  14. (7) By October 1, 2026, as part of its budget submission pursuant to § 35-3-4 relative to

  15. state fiscal year 2027, the department of elementary and secondary education shall, in collaboration


  16. with the office of management and budget and the division of municipal finance, submit a report


  17. comparing the funding system proposed by the Blue Ribbon Commission to the current system,


  18. using validated FY 2025 Uniform Chart of Accounts data. The report shall include, but not be


  19. limited to, a comparison of state and local contributions for traditional districts and charter schools

  20. using  different  state  share  percentages,  recommendations  for  proposed  weights  for  special


  21. education  and  career  and  technical  education  students,  and  an  analysis  of  the  statutory


  22. recommendations.


  23. 16-7.2-5. Charter public schools, the William M. Davies, Jr. Career and Technical


  24. High School, and the Metropolitan Regional Career and Technical Center.


  25. (a) Charter public schools, as defined in chapter 77 of this title, the William M. Davies, Jr.

  26. Career and Technical High School (Davies), and the Metropolitan Regional Career and Technical


  27. Center (the Met Center) shall be funded pursuant to § 16-7.2-3. If the October 1 actual enrollment


  28. data for any charter public school shows a ten percent (10%) or greater change from the prior year


  29. enrollment that is used as the reference year average daily membership, the last six (6) monthly


  30. payments to the charter public school will be adjusted to reflect actual enrollment. The state share

  31. of the permanent foundation education aid shall be paid by the state directly to the charter public


  32. schools, Davies, and the Met Center pursuant to § 16-7.2-9 and shall be calculated using the state-


  33. share ratio of the district of residence of the student as set forth in § 16-7.2-4. The department of


  34. elementary and secondary education shall provide the general assembly with the calculation of the

  1. state share of permanent foundation education aid for charter public schools delineated by school


  2. district.


  3. (b) The local share of education funding shall be paid to the charter public school, Davies,

  4. and the Met Center by the district of residence of the student and shall be the local, per-pupil cost


  5. calculated by dividing the local appropriation to education from property taxes, net of debt service,


  6. and capital projects, as defined in the uniform chart of accounts by the average daily membership


  7. for each city and town, pursuant to § 16-7-22, for the reference year.


  8. (c) Beginning in FY 2017, there shall be a reduction to the local per-pupil funding paid by


  9. the district of residence to charter public schools, Davies, and the Met Center. This reduction shall

  10. be equal to the greater (i) Of seven percent (7%) of the local, per-pupil funding of the district of


  11. residence pursuant to subsection (b) or (ii) The per-pupil value of the district’s costs for non-public


  12. textbooks, transportation for non-public students, retiree health benefits, out-of-district special-


  13. education tuition and transportation, services for students age eighteen (18) to twenty-one (21)


  14. years old, pre-school screening and intervention, and career and technical education, tuition and

  15. transportation costs, debt service and rental costs minus the average expenses incurred by charter


  16. schools for those same categories of expenses as reported in the uniform chart of accounts for the


  17. prior preceding fiscal year pursuant to § 16-7-16(11) and verified by the department of elementary


  18. and secondary education. In the case where audited financials result in a change in the calculation


  19. after the first tuition payment is made, the remaining payments shall be based on the most recent

  20. audited data. For those districts whose greater reduction occurs under the calculation of (ii), there


  21. shall be an additional reduction to payments to mayoral academies with teachers who do not


  22. participate in the state teacher’s retirement system under chapter 8 of title 36 equal to the per-pupil


  23. value of teacher retirement costs attributable to unfunded liability as calculated by the state’s


  24. actuary for the prior preceding fiscal year. Notwithstanding the foregoing, beginning with FY 2026,


  25. the reduction to the local per-pupil funding shall not exceed fourteen percent (14%).

  26. Notwithstanding the foregoing, for FY 2027, the reduction to the local per-pupil funding shall not


  27. exceed fourteen percent (14%), other than for mayoral academies serving students from less than


  28. four local school districts which have been approved as sending districts by the department of


  29. elementary and secondary education. Notwithstanding the foregoing, beginning with FY 2028, the


  30. reduction to the local per-pupil funding shall not exceed fourteen percent (14%).

  31. (d) Local district payments to charter public schools, Davies, and the Met Center for each


  32. district’s students enrolled in these schools shall be made on a quarterly basis in July, October,


  33. January, and April; however, the first local-district payment shall be made by August 15, instead


  34. of July. Failure of the community to make the local-district payment for its student(s) enrolled in a

  1. charter public school, Davies, and/or the Met Center may result in the withholding of state


  2. education aid pursuant to § 16-7-31.


  3. (e) Beginning in FY 2017, school districts with charter public school, Davies, and the Met

  4. Center enrollment, that, combined, comprise five percent (5%) or more of the average daily


  5. membership as defined in § 16-7-22, shall receive additional aid for a period of three (3) years. Aid


  6. in FY 2017 shall be equal to the number of charter public school, open-enrollment schools, Davies,


  7. or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount


  8. of one hundred seventy-five dollars ($175). Aid in FY 2018 shall be equal to the number of charter


  9. public school, open-enrollment schools, Davies, or the Met Center students as of the reference year

  10. as defined in § 16-7-16 times a per-pupil amount of one hundred dollars ($100). Aid in FY 2019


  11. shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met


  12. Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of fifty


  13. dollars ($50.00). The additional aid shall be used to offset the adjusted fixed costs retained by the


  14. districts of residence.

15 (f) [Deleted by P.L. 2023, ch. 79, art. 8, § 2.]


  1. 16-7.2-9. Applicability.


  2. This chapter applies to education aid for any city, town or regional school district including


  3. the Central Falls state operated school district, charter schools, the William M. Davies, Jr. Career


  4. and Technical High School, and the Metropolitan Regional Career and Technical Center.

  5. Calculation and distribution of aid under §§ 16-7-20.5, 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-


  6. 7.1-11, 16-7.1-11.1, 16-7.1-12, 16-7.1-15, 16-7.1-16, 16-7.1-17, 16-7.1-18, 16-7.1-19, 16-67-4,


  7. and 16-77.1-2 is hereby suspended effective July 1, 2011, until further action by the general


  8. assembly. Aid under this chapter will be paid pursuant to § 16-7-17, except that aid to the Central


  9. Falls state operated school district and charter schools, Davies, and the Met Center pursuant to §


  10. 16-7.2-5 shall be paid in twelve (12) equal installments on the first of each month.

  11. SECTION 5. Section 16-105-3 of the General Laws in Chapter 16-105 entitled "School


  12. Building Authority" is hereby amended to read as follows:


  13. 16-105-3. Roles and responsibilities.


  14. The school building authority roles and responsibilities shall include:


  15. (1) Management of a system with the goal of ensuring equitable and adequate school

  16. housing for all public school children in the state;


  17. (2) Prevention of the cost of school housing from interfering with the effective operation


  18. of the schools;


  19. (3) Management of school housing aid in accordance with statute;

  1. (4) Reviewing and making recommendations to the council on elementary and secondary


  2. education on necessity of school construction applications for state school housing aid and the


  3. school building authority capital fund, based on the recommendations of the school building

  4. authority advisory board;


  5. (5) Promulgating, managing, and maintaining school construction regulations, standards,


  6. and guidelines applicable to the school housing program, based on the recommendations of the


  7. school building authority advisory board, created in § 16-105-8. Said regulations shall require


  8. conformance with the minority business enterprise requirements set forth in § 37-14.1-6;


  9. (6) Developing a prequalification and review process for prime contractors, architects, and

  10. engineers seeking to bid on projects in excess of ten million dollars ($10,000,000) in total costs


  11. subject to inflation. Notwithstanding any general laws to the contrary, a prequalification shall be


  12. valid for a maximum of two (2) years from the date of issuance. Factors to be considered by the


  13. school building authority in granting a prequalification to prime contractors shall include, but not


  14. be limited to, the contractor’s history of completing complex projects on time and on budget, track

  15. record of compliance with applicable environmental and safety regulations, evidence that


  16. completed prior projects prioritized the facility’s future maintainability, and compliance with


  17. applicable requirements for the use of women and minority owned subcontractors;


  18. (i) At least annually, a list of prequalified contractors, architects, and engineers shall be


  19. publicly posted with all other program information;

  20. (7) Providing technical assistance and guidance to school districts on the necessity of


  21. school construction application process;


  22. (8) Providing technical advice and assistance, training, and education to cities, towns,


  23. and/or local education agencies and to general contractors, subcontractors, construction or project


  24. managers, designers and others in planning, maintenance, and establishment of school facility


  25. space;

  26. (9) Developing a project priority system, based on the recommendations of the school


  27. building authority advisory board, in accordance with school construction regulations for the school


  28. building authority capital fund, subject to review and, if necessary, to be revised on intervals not to


  29. exceed five (5) years. Project priorities shall include, but not be limited to, the following order of


  30. priorities:

  31. (i) Projects to replace or renovate a building that is structurally unsound or otherwise in a


  32. condition seriously jeopardizing the health and safety of school children where no alternative exists;


  33. (ii) Projects needed to prevent loss of accreditation;


  34. (iii) Projects needed for the replacement, renovation, or modernization of the HVAC

    1. system in any schoolhouse to increase energy conservation and decrease energy-related costs in


    2. said schoolhouse;


    3. (iv) Projects needed to replace or add to obsolete buildings in order to provide for a full

    4. range of programs consistent with state and approved local requirements; and


    5. (v) Projects needed to comply with mandatory, instructional programs;


    6. (10) Maintaining a current list of requested school projects and the priority given them;


    7. (11) Collecting and maintaining readily available data on all the public school facilities in


    8. the state;


    9. (12) Collecting, maintaining, and making publicly available quarterly progress reports of

    10. all ongoing school construction projects that shall include, at a minimum, the costs of the project


    11. and the time schedule of the project;


    12. (13) Recommending policies and procedures designed to reduce borrowing for school


    13. construction programs at both state and local levels;


    14. (14) At least every five (5) years, conducting a needs survey to ascertain the capital

    15. construction, reconstruction, maintenance, and other capital needs for schools in each district of the


    16. state, including public charter schools;


    17. (15) Developing a formal enrollment projection model or using projection models already


    18. available;


    19. (16) Encouraging local education agencies to investigate opportunities for the maximum

    20. utilization of space in and around the district;


    21. (17) Collecting and maintaining a clearinghouse of prototypical school plans that may be


    22. consulted by eligible applicants;


    23. (18) Retaining the services of consultants, as necessary, to effectuate the roles and


    24. responsibilities listed within this section;


    25. (19) No district shall receive a combined total of more than twenty (20) incentive

    26. percentage points for projects that commence construction by December 30, 2023, and five (5)


    27. incentive points for projects that commence construction thereafter; provided further, these caps


    28. shall be in addition to amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2). Furthermore, a


    29. district’s share shall not be decreased by more than half of its regular share irrespective of the


    30. number of incentive points received, nor shall a district’s state share increase by more than half of

    31. its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2), irrespective


    32. of the number of incentive points received. Notwithstanding any provision of the general laws to


    33. the contrary, the reimbursement or aid received under this chapter or chapter 38.2 of title 45 shall


    34. not exceed one hundred percent (100%) of the sum of the total project costs plus interest costs. If

  1. a two hundred and fifty million dollar ($250,000,000) general obligation bond is approved on the


2 November 2018 ballot, projects approved between May 1, 2015, and January 1, 2018, are eligible


  1. to receive incentive points (above and beyond what the project was awarded at the time of approval)

  2. pursuant to § 16-7-39 and § 16-7-40. Provided, however, any project approved during this time


  3. period with a project cost in excess of one million five hundred thousand dollars ($1,500,000),


  4. which does not include an owner’s program manager and a commissioning agent, shall only be


  5. eligible to receive five (5) incentive points. Incentive points awarded pursuant to the provisions of


  6. this subsection shall only be applied to reimbursements occurring on or after July 1, 2018. Any


  7. project approved between May 1, 2015, and January 1, 2018, that is withdrawn and/or resubmitted

  8. for approval shall not be eligible for any incentive points.


  9. SECTION 6. Section 16-107-6 of the General Laws in Chapter 16-107 entitled "Rhode


  10. Island Promise Scholarship" is hereby amended to read as follows:


  11. 16-107-6. Eligibility for scholarship.


  12. (a) Beginning with the students who enroll at the community college of Rhode Island in

  13. the fall of 2017, to be considered for the scholarship, a student:


  14. (1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by


  15. the council on postsecondary education, as amended, supplemented, restated, or otherwise modified


  16. from time to time (“residency policy”); provided, that, the student must have satisfied the high


  17. school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age;

  18. provided, further, that in addition to the option of meeting the requirement by receiving a high


  19. school equivalency diploma as described in the residency policy, the student can satisfy the


  20. condition by receiving other certificates or documents of equivalent nature from the state or its


  21. municipalities as recognized by applicable regulations promulgated by the council on elementary


  22. and secondary education;


  23. (2) Must be admitted to, and must enroll and attend the community college of Rhode Island

  24. on a full-time basis by the semester immediately following high school graduation or the semester


  25. immediately following receipt of a high school equivalency diploma;


  26. (3) Must complete the FAFSA and any required FAFSA verification, or for persons who


  27. are legally unable to complete the FAFSA must complete a comparable form created by the


  28. community college of Rhode Island, by the deadline prescribed by the community college of Rhode

  29. Island for each year in which the student seeks to receive funding under the scholarship program;


  30. (4) Must continue to be enrolled on a full-time basis;


  31. (5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or


  32. greater, as determined by the community college of Rhode Island;

    1. (6) Must remain on track to graduate on time as determined by the community college of


    2. Rhode Island;


    3. (7) Must not have already received an award under this scholarship program; and

    4. (8) Must commit to live, work, or continue their education in Rhode Island after graduation.


    5. The community college of Rhode Island shall develop a policy that will secure this


    6. commitment from recipient students.


    7. (b) Notwithstanding the eligibility requirements under subsection (a) of this section


    8. (“specified conditions”):


    9. (1) In the case of a recipient student who has an approved medical or personal leave of

    10. absence or is unable to satisfy one or more specified conditions because of the student’s medical


    11. or personal circumstances, the student may continue to receive an award under the scholarship


    12. program upon resuming the student’s education so long as the student continues to meet all other


    13. applicable eligibility requirements;


    14. (2) In the case of a recipient student who is a member of the national guard or a member

    15. of a reserve unit of a branch of the United States military and is unable to satisfy one or more


    16. specified conditions because the student is or will be in basic or special military training, or is or


    17. will be participating in a deployment of the student’s guard or reserve unit, the student may continue


    18. to receive an award under the scholarship program upon completion of the student’s basic or special


    19. military training or deployment; and

    20. (3) Any student with a disability, otherwise eligible for a scholarship pursuant to the


    21. provisions of this section, as of May 15, 2021, shall be entitled to access this program and shall be


    22. afforded all reasonable accommodations, as required by the ADA and the Rehabilitation Act of


    23. 1973, including, but not limited to, enrolling on a part-time basis, attaining a high school


    24. diploma/GED by age twenty-one (21), and taking longer than two (2) years to graduate with an


    25. associate’s degree;

    26. (4) Any student who enrolled in a postsecondary institution by the semester immediately


    27. following high school graduation or the semester immediately following receipt of a high school


    28. equivalency diploma and remained in the institution for only up to one semester may enroll and


    29. attend the community college of Rhode Island in the semester immediately following and qualify


    30. for the scholarship pursuant to this section; and

    31. (5) Any student may defer initial enrollment for one semester at the community college of


    32. Rhode Island for the semester immediately following high school graduation or the semester


    33. immediately following receipt of a high school equivalency diploma with an approved written


    34. request and reason and qualifies for the scholarship pursuant to this section.

      1. SECTION 7. Section 16-113-10 of the General Laws in Chapter 16-113 entitled "Rhode


      2. Island Hope Scholarship Pilot Program Act" is hereby amended to read as follows:


      3. 16-113-10. Funding of and sunset of pilot program.

      4. The Rhode Island hope scholarship pilot program shall be funded from July 1, 2023,


      5. through and including June 30, 2030 2033. There shall be no further funding of the pilot program


      6. without further action of the general assembly. Any final reports due pursuant to this chapter shall


      7. be filed pursuant to the dates set forth herein.


      8. SECTION 8. Section 44-5-2 of the General Laws in Chapter 44-5 entitled "Levy and


      9. Assessment of Local Taxes" is hereby amended to read as follows:

      10. 44-5-2. Maximum levy.


      11. (a) Through and including its fiscal year 2007, a city or town may levy a tax in an amount


      12. not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that


      13. city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year


      14. thereafter, the amount levied by a city or town is deemed to be consistent with the five and one-

      15. half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one-


      16. half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as


      17. applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%)


      18. except as specified in subsection (c) of this section. In all years when a revaluation or update is not


      19. being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or

      20. less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged


      21. for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the


      22. prior year's tax on the same parcel of real property. In any year through and including fiscal year


      23. 2007 when a revaluation or update is being implemented, the tax rate is deemed to be one hundred


      24. five and one-half percent (105.5%) of the prior year's tax rate as certified by the division of property


      25. valuation and municipal finance in the department of revenue.

      26. (b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five


      27. and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or


      28. town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not


      29. more than five percent (5%) in excess of the total amount levied and certified by that city or town


      30. for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not more

      31. than four and three-quarters percent (4.75%) in excess of the total amount levied and certified by


      32. that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may levy a tax in an


      33. amount not more than four and one-half percent (4.5%) in excess of the total amount levied and


      34. certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a city or town may levy

  1. a tax in an amount not more than four and one-quarter percent (4.25%) in excess of the total amount


  2. levied and certified by that city or town in its fiscal year 2011. In its fiscal year 2013 and in each


  3. fiscal year thereafter, a city or town may levy a tax in an amount not more than four percent (4%)

  4. in excess of the total amount levied and certified by that city or town for its previous fiscal year.


  5. For purposes of this levy calculation, taxes levied pursuant to chapters 34 and 34.1 of this title shall


  6. not be included. For FY 2018, in the event that a city or town, solely as a result of the exclusion of


  7. the motor vehicle tax in the new levy calculation, exceeds the property tax cap when compared to


  8. FY 2017 after taking into account that there was a motor vehicle tax in FY 2017, said city or town


  9. shall be permitted to exceed the property tax cap for the FY 2018 transition year, but in no event

  10. shall it exceed the four percent (4%) levy cap growth with the car tax portion included; provided,


  11. however, nothing herein shall prohibit a city or town from exceeding the property tax cap if


  12. otherwise permitted pursuant to subsection (d) of this section.


  13. (c) The division of property valuation in the department of revenue shall monitor city and


  14. town compliance with this levy cap, issue periodic reports to the general assembly on compliance,

  15. and make recommendations on the continuation or modification of the levy cap on or before


16 December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief


  1. elected official in each city and town shall provide to the division of property and municipal finance


  2. within thirty (30) days of final action, in the form required, the adopted tax levy and rate and other


  3. pertinent information.

  4. (d) The amount levied by a city or town may exceed the percentage increase as specified


  5. in subsection (a) or (b) of this section if the city or town qualifies under one or more of the following


  6. provisions:


  7. (1) The city or town forecasts or experiences a loss in total non-property tax revenues and


  8. the loss is certified by the department of revenue.


  9. (2) The city or town experiences or anticipates an emergency situation, which causes or

  10. will cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this


  11. section. In the event of an emergency or an anticipated emergency, the city or town shall notify the


  12. auditor general who shall certify the existence or anticipated existence of the emergency. Without


  13. limiting the generality of the foregoing, an emergency shall be deemed to exist when the city or


  14. town experiences or anticipates health insurance costs, retirement contributions, or utility

  15. expenditures that exceed the prior fiscal year's health insurance costs, retirement contributions, or


  16. utility expenditures by a percentage greater than three (3) times the percentage increase as specified


  17. in subsection (a) or (b) of this section.


  18. (3) A city or town forecasts or experiences debt services expenditures that exceed the prior

    1. year's debt service expenditures by an amount greater than the percentage increase as specified in


    2. subsection (a) or (b) of this section and that are the result of bonded debt issued in a manner


    3. consistent with general law or a special act. In the event of the debt service increase, the city or

    4. town shall notify the department of revenue which shall certify the debt service increase above the


    5. percentage increase as specified in subsection (a) or (b) of this section the prior year's debt service.


    6. No action approving or disapproving exceeding a levy cap under the provisions of this section


    7. affects the requirement to pay obligations as described in subsection (d) of this section.


    8. (4) The city or town experiences substantial growth in its tax base as the result of major


    9. new construction that necessitates either significant infrastructure or school housing expenditures

    10. by the city or town or a significant increase in the need for essential municipal services and such


    11. increase in expenditures or demand for services is certified by the department of revenue.


    12. (5) In the city of Providence, for fiscal year 2026, any additional revenue generated from


    13. the Class 2B rate exceeding twenty-eight dollars and eighty cents ($28.80) per one thousand dollars


    14. ($1,000) may exceed the maximum levy. For the purposes of this subsection, "Class 2A" and "Class

    15. 2B" shall have the same meaning as in § 44-5-11.18(1)(ii).


    16. (6) Effective for tax assessment dated on or after December 31, 2025, and subject to all


    17. requirements set forth in this section, the taxes levied on new housing units added to the municipal


    18. tax base during a fiscal year may exceed the maximum levy. For the purposes of this subsection,


    19. subject to the qualifying requirements below, new housing units shall include newly constructed

    20. residential properties, meaning single-family homes, two-family homes, single-family attached


    21. structures, multi-family dwellings, mixed-use developments where residential units constitute at


    22. least fifty percent (50%) of the building's total square footage as well as existing buildings


    23. converted into residential housing units qualifying under adaptive reuse in § 45-24-37; provided


    24. such conversions meet all applicable zoning and building code requirements and increase the


    25. municipality's total housing stock. New construction shall also include modular and manufactured

    26. homes. This provision shall apply provided that:


    27. (i) A city or town has issued over ten (10) certificates of occupancy for new housing units


    28. during the fiscal year in which the exemption is sought; and


    29. (ii) Such units are part of a development project that includes at least ten percent (10%) of


    30. the units designated as low- or moderate-income housing as defined in §§ 45-53-3 and 42-128-8.1;

    31. and


    32. (iii) Such units are taxed utilizing the same valuation methods and rates as similar units in


    33. the respective city or town; and


    34. (iv) The taxes levied on these qualifying new housing units may only exceed the maximum

      1. levy for the fiscal year in which the certificate of occupancy is issued and two (2) fiscal years


      2. thereafter in which the municipality shall phase in the full taxes for these units into the maximum


      3. levy by the fourth fiscal year following the issuance of a certificate of occupancy for the new

      4. housing unit(s).


      5. (e) Any levy pursuant to subsection (d) of this section in excess of the percentage increase


      6. specified in subsection (a) or (b) of this section shall be approved by the affirmative vote of at least


      7. four-fifths (⅘) of the full membership of the governing body of the city or town, or in the case of a


      8. city or town having a financial town meeting, the majority of the electors present and voting at the


      9. town financial meeting shall also approve the excess levy.

      10. (f) Nothing contained in this section constrains the payment of present or future obligations


      11. as prescribed by § 45-12-1, and all taxable property in each city or town is subject to taxation


      12. without limitation as to rate or amount to pay general obligation bonds or notes of the city or town


      13. except as otherwise specifically provided by law or charter.


      14. (g) Notwithstanding anything to the contrary, the town of Little Compton is permitted a

      15. one-year levy cap exemption for fiscal year 2026 not to exceed twelve percent (12%), and subject


      16. to approval by the Little Compton Financial Town Meeting.


      17. (h) Notwithstanding anything to the contrary, the City of Providence is permitted a one-


      18. year levy cap exemption for fiscal year 2026 not to exceed eight percent (8%).


      19. (i) Notwithstanding anything to the contrary, the city of Central Falls, in fiscal years 2027

      20. and thereafter, may levy an amount in excess of the percentage increase as specified in subsection


      21. (a) or (b) of this section if it requires additional revenue to fulfill its obligation to contribute the


      22. amount required by § 16-7-23.3 and such need is certified by the department of revenue.


      23. SECTION 9. Section 45-38.2-2 of the General Laws in Chapter 45-38.2 entitled "School


      24. Building Authority Capital Fund" is hereby amended to read as follows:


      25. 45-38.2-2. School building authority capital fund.

      26. (a) There is hereby established a school building authority capital fund. The corporation


      27. shall establish and set up on its books the fund, to be held in trust and to be administered by the


      28. corporation as provided in this chapter. This fund shall be in addition to the annual appropriation


      29. for committed expenses related to the repayment of housing aid commitments. The corporation


      30. shall deposit the following monies into the fund:

      31. (1) The difference between the annual housing aid appropriation and housing aid


      32. commitment amounts appropriated or designated to the corporation by the state for the purposes of


      33. the foundation program for school housing; provided that for FY 2019 and FY 2020 that amount


      34. shall be used for technical assistance to districts pursuant to § 16-105-3(7);

        1. (2) Loan repayments, bond refinance interest savings, and other payments received by the


        2. corporation pursuant to loan or financing agreements with cities, towns, or local education agencies


        3. executed in accordance with this chapter;

        4. (3) Investment earnings on amounts credited to the fund;


        5. (4) Proceeds of bonds of the corporation issued in connection with this chapter to the extent


        6. required by any trust agreement for such bonds;


        7. (5) Administrative fees levied by the corporation, with respect to financial assistance


        8. rendered under this chapter and specified in § 45-38.2-3(a)(4), less operating expenses;


        9. (6) Other amounts required by provisions of this chapter or agreement, or any other law or

        10. any trust agreement pertaining to bonds to be credited to the fund; and


        11. (7) Any other funds permitted by law which the corporation in its discretion shall determine


        12. to credit thereto.


        13. (b) The corporation shall establish and maintain fiscal controls and accounting procedures


        14. conforming to generally accepted government accounting standards sufficient to ensure proper

        15. accounting for receipts in and disbursements from the school building authority capital fund.


        16. (c) The school building authority shall establish and maintain internal controls to ensure


        17. that local education agencies are providing adequate asset protection plans, all local education


        18. agencies have equal access and opportunity to address facility improvements on a priority basis,


        19. and to ensure that funding from the school building authority capital fund has the greatest impact

        20. on facility gaps in state priority areas. The school building authority will also manage necessity of


        21. school construction approvals in accordance with the funding levels set forth by the general


        22. assembly.


        23. SECTION 10. This article shall take effect upon passage, except sections 3, 4 and 5 which


        24. shall be effective July 1, 2026 and except Section 9 which shall take effect retroactively as of July


        25. 1, 2025.


          1. ARTICLE 8

            =======

            art.008/4/008/3/008/2/008/1

            =======


          2. RELATING TO MEDICAL ASSISTANCE


          3. SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled "Licensing


          4. of Healthcare Facilities" is hereby amended to read as follows:


          5. (a) There is imposed a hospital licensing fee described in subsections (c) through (f) for


          6. state fiscal years 2024 and 2025 against net patient-services revenue of every non-government


          7. owned hospital as defined herein for the hospital's first fiscal year ending on or after January 1,

          8. 2022. The hospital licensing fee shall have three (3) tiers with differing fees based on inpatient and


          9. outpatient net patient-services revenue. The executive office of health and human services, in


          10. consultation with the tax administrator, shall identify the hospitals in each tier, subject to the


          11. definitions in this section, by July 15, 2023, and shall notify each hospital of its tier by August 1,


          12. 2023.

          13. (b) There is also imposed a hospital licensing fee described in subsections (c) through (f)


          14. for state fiscal year years 2026 and 2027 against net patient-services revenue of every non-


          15. government owned hospital as defined herein for the hospital's first fiscal year ending on or after


16 January 1, 2023. The hospital licensing fee shall have three (3) tiers with differing fees based on


  1. inpatient and outpatient net patient-services revenue. The executive office of health and human


  2. services, in consultation with the tax administrator, shall identify the hospitals in each tier, subject

  3. to the definitions in this section, annually by July 15, 2025, and shall notify each hospital of its


  4. assigned tier by August 1, 2025.


  5. (c) Tier 1 is composed of hospitals that do not meet the description of either Tier 2 or Tier


22 3.


  1. (1) The inpatient hospital licensing fee for Tier 1 is equal to thirteen and twelve hundredths

  2. percent (13.12%) of the inpatient net patient-services revenue derived from inpatient net patient-


  3. services revenue of every Tier 1 hospital.


  4. (2) The outpatient hospital licensing fee for Tier 1 is equal to thirteen and thirty hundredths


  5. percent (13.30%) of the net patient-services revenue derived from outpatient net patient-services


  6. revenue of every Tier 1 hospital.

  7. (d) Tier 2 is composed of high Medicaid/uninsured cost hospitals and independent


  8. hospitals.

    1. (1) The inpatient hospital licensing fee for Tier 2 is equal to two and sixty-three hundredths


    2. percent (2.63%) of the inpatient net patient-services revenue derived from inpatient net patient-


    3. services revenue of every Tier 2 hospital.

    4. (2) The outpatient hospital licensing fee for Tier 2 is equal to two and sixty-six hundredths


    5. percent (2.66%) of the outpatient net patient-services revenue derived from outpatient net patient-


    6. services revenue of every Tier 2 hospital.


    7. (e) Tier 3 is composed of hospitals that are Medicare-designated low-volume hospitals and


    8. rehabilitative hospitals.


    9. (1) The inpatient hospital licensing fee for Tier 3 is equal to one and thirty-one hundredths

    10. percent (1.31%) of the inpatient net patient-services revenue derived from inpatient net patient-


    11. services revenue of every Tier 3 hospital.


    12. (2) The outpatient hospital licensing fee for Tier 3 is equal to one and thirty-three


    13. hundredths percent (1.33%) of the outpatient net patient-services revenue derived from outpatient


    14. net patient-services revenue of every Tier 3 hospital.

    15. (f) There is also imposed a hospital licensing fee for state fiscal year 2024 against state-


    16. government owned and operated hospitals in the state as defined herein. The hospital licensing fee


    17. is equal to five and twenty-five hundredths percent (5.25%) of the net patient-services revenue of


    18. every hospital for the hospital's first fiscal year ending on or after January 1, 2022. There is also


    19. imposed a hospital licensing fee for state fiscal years 2025, and 2026, and 2027 against state-

    20. government owned and operated hospitals in the state as defined herein equal to five and twenty-


    21. five hundredths percent (5.25%) of the net patient-services revenue of every hospital for the


    22. hospital's first fiscal year ending on or after January 1, 2023.


    23. (g) The hospital licensing fee described in subsections (b) through (f) is subject to U.S.


    24. Department of Health and Human Services approval of a request to waive the requirement that


    25. healthcare-related taxes be imposed uniformly as contained in 42 C.F.R. § 433.68(d).

    26. (h) This hospital licensing fee shall be administered and collected by the tax administrator,


    27. division of taxation within the department of revenue, and all the administration, collection, and


    28. other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to


    29. the tax administrator before June 25 of each fiscal year, and payments shall be made by electronic


    30. transfer of monies to the tax administrator and deposited to the general fund. Every hospital shall,

    31. on or before August 1 of each fiscal year, make a return to the tax administrator containing the


    32. correct computation of inpatient and outpatient net patient-services revenue for the hospital data


    33. referenced in subsection (a) and/or (b) this section, and the licensing fee due upon that amount. All


    34. returns shall be signed by the hospital's authorized representative, subject to the pains and penalties

  1. of perjury.


  2. (i) For purposes of this section the following words and phrases have the following


  3. meanings:

  4. (1) "Gross patient-services revenue" means the gross revenue related to patient care


  5. services.


  6. (2) "High Medicaid/uninsured cost hospital" means a hospital for which the hospital's total


  7. uncompensated care, as calculated pursuant to § 40-8.3-2(4), divided by the hospital's total net


  8. patient-services revenues, is equal to six percent (6.0%) or greater.


  9. (3) "Hospital" means the actual facilities and buildings in existence in Rhode Island,

  10. licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on


  11. that license, regardless of changes in licensure status pursuant to chapter 17.14 of this title (hospital


  12. conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient


  13. and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,


  14. disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid

  15. managed care payment rates for a court-approved purchaser that acquires a hospital through


  16. receivership, special mastership, or other similar state insolvency proceedings (which court-


  17. approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly


  18. negotiated rates between the court-approved purchaser and the health plan, and such rates shall be


  19. effective as of the date that the court-approved purchaser and the health plan execute the initial

  20. agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital


  21. payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2),


  22. respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12)


  23. period as of July 1 following the completion of the first full year of the court-approved purchaser's


  24. initial Medicaid managed care contract.


  25. (4) "Independent hospitals" means a hospital not part of a multi-hospital system.

  26. (5) "Inpatient net patient-services revenue" means the charges related to inpatient care


  27. services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual


  28. allowances.


  29. (6) "Medicare-designated low-volume hospital" means a hospital that qualifies under 42


  30. C.F.R. 412.101(b)(2) for additional Medicare payments to qualifying hospitals for the higher

  31. incremental costs associated with a low volume of discharges.


  32. (7) "Net patient-services revenue" means the charges related to patient care services less


  33. (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual allowances.


  34. (8) "Non-government owned hospitals" means a hospital not owned and operated by the

    1. state of Rhode Island.


    2. (9) "Outpatient net patient-services revenue" means the charges related to outpatient care


    3. services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual

    4. allowances.


    5. (10) "Rehabilitative hospital" means Rehabilitation Hospital Center licensed by the Rhode


    6. Island department of health.


    7. (11) "State-government owned and operated hospitals" means a hospital facility licensed


    8. by the Rhode Island department of health, owned and operated by the state of Rhode Island.


    9. (j) The tax administrator in consultation with the executive office of health and human

    10. services shall make and promulgate any rules, regulations, and procedures not inconsistent with


    11. state law and fiscal procedures that he or she deems necessary for the proper administration of this


    12. section and to carry out the provisions, policy, and purposes of this section.


    13. (k) The licensing fee imposed by subsections (a) through (f) shall apply to hospitals as


    14. defined herein that are duly licensed on July 1, 2024, and shall be in addition to the inspection fee

    15. imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with this


    16. section.


    17. SECTION 2. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3 entitled


    18. "Uncompensated Care" are hereby amended to read as follows:


    19. 40-8.3-2. Definitions.

    20. As used in this chapter:


    21. (1) "Base year" means, for the purpose of calculating a disproportionate share payment for


    22. any fiscal year ending after September 30, 20242025, the period from October 1, 20222023,


    23. through September 30, 20232024, and for any fiscal year ending after September 30, 20252026,


    24. the period from October 1, 20232024, through September 30, 20242025.


    25. (2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a

    26. percentage), the numerator of which is the hospital's number of inpatient days during the base year


    27. attributable to patients who were eligible for medical assistance during the base year and the


    28. denominator of which is the total number of the hospital's inpatient days in the base year.


    29. (3) "Participating hospital" means any nonpsychiatric hospital that:


    30. (i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year

    31. and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to


    32. § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless


    33. of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and § 23-


    34. 17-6(b) (change in effective control), that provides acute inpatient and/or outpatient care to persons

  1. who require definitive diagnosis and treatment for injury, illness, disabilities, or pregnancy.


  2. Notwithstanding the preceding language, the negotiated Medicaid managed care payment rates for


  3. a court-approved purchaser that acquires a hospital through receivership, special mastership, or

  4. other similar state insolvency proceedings (which court-approved purchaser is issued a hospital


  5. license after January 1, 2013), shall be based upon the newly negotiated rates between the court-


  6. approved purchaser and the health plan, and the rates shall be effective as of the date that the court-


  7. approved purchaser and the health plan execute the initial agreement containing the newly


  8. negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient


  9. hospital payments set forth in §§ 40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall

  10. thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1


  11. following the completion of the first full year of the court-approved purchaser's initial Medicaid


  12. managed care contract;


  13. (ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%)


  14. during the base year; and

  15. (iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during


  16. the payment year.


  17. (4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost incurred


  18. by the hospital during the base year for inpatient or outpatient services attributable to charity care


  19. (free care and bad debts) for which the patient has no health insurance or other third-party coverage

  20. less payments, if any, received directly from such patients; (ii) The cost incurred by the hospital


  21. during the base year for inpatient or outpatient services attributable to Medicaid beneficiaries less


  22. any Medicaid reimbursement received therefor; and (iii) the sum of subsections (4)(i) and (4)(ii) of


  23. this section shall be offset by the estimated hospital's commercial equivalent rates state directed


  24. payment for the current SFY in which the disproportionate share hospital (DSH) payment is made.


  25. The sum of subsections (4)(i), (4)(ii), and (4)(iii) of this section shall be multiplied by the

  26. uncompensated care index.


  27. (5) "Uncompensated-care index" means the annual percentage increase for hospitals


  28. established pursuant to § 27-19-14 [repealed] for each year after the base year, up to and including


  29. the payment year; provided, however, that the uncompensated-care index for the payment year


  30. ending September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent (5.38%),

  31. and that the uncompensated-care index for the payment year ending September 30, 2008, shall be


  32. deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated-care


  33. index for the payment year ending September 30, 2009, shall be deemed to be five and thirty-eight


  34. hundredths percent (5.38%), and that the uncompensated-care index for the payment years ending

1 September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September


2 30, 2014, September 30, 2015, September 30, 2016, September 30, 2017, September 30, 2018,


3 September 30, 2019, September 30, 2020, September 30, 2021, September 30, 2022, September

  1. 30, 2023, September 30, 2024, September 30, 2025, and September 30, 2026, and September 30,


  2. 2027 shall be deemed to be five and thirty hundredths percent (5.30%).


  3. 40-8.3-3. Implementation.


  4. (a) For federal fiscal year 2024, commencing on October 1, 2023, and ending September


  5. 30, 2024, the executive office of health and human services shall submit to the Secretary of the


  6. United States Department of Health and Human Services a state plan amendment to the Rhode

  7. Island Medicaid DSH Plan to provide:


  8. (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of


  9. $14.8 million, shall be allocated by the executive office of health and human services to the Pool


  10. D component of the DSH Plan; and


  11. (2) That the Pool D allotment shall be distributed among the participating hospitals in direct

  12. proportion to the individual participating hospital's uncompensated-care costs for the base year,


  13. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year


  14. inflated by the uncompensated-care index for all participating hospitals. The disproportionate share


  15. payments shall be made on or before June 30, 2024, and are expressly conditioned upon approval


  16. on or before June 23, 2024, by the Secretary of the United States Department of Health and Human

  17. Services, or their authorized representative, of all Medicaid state plan amendments necessary to


  18. secure for the state the benefit of federal financial participation in federal fiscal year 2024 for the


  19. disproportionate share payments.


  20. (b)(a) For federal fiscal year 2025, commencing on October 1, 2024, and ending on


24 September 30, 2025, the executive office of health and human services shall submit to the Secretary


  1. of the United States Department of Health and Human Services a state plan amendment to the

  2. Rhode Island Medicaid DSH plan to provide:


  3. (1) The creation of Pool C which allots no more than twelve million nine hundred thousand


  4. dollars ($12,900,000) to Medicaid eligible government-owned hospitals;


  5. (2) That the DSH plan to all participating hospitals, not to exceed an aggregate limit of


  6. $27.7 million, shall be allocated by the executive office of health and human services to the Pool

  7. C and D components of the DSH plan;


  8. (3) That the Pool D allotment shall be distributed among the participating hospitals in direct


  9. proportion to the individual participating hospital's uncompensated-care costs for the base year,


  10. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year

  1. inflated by the uncompensated-care index of all participating hospitals. The disproportionate share


  2. payments shall be made on or before June 30, 2025, and are expressly conditioned upon approval


  3. on or before June 23, 2025, by the Secretary of the United States Department of Health and Human

  4. Services, or their authorized representative, of all Medicaid state plan amendments necessary to


  5. secure for the state the benefit of federal financial participation in federal fiscal year 2025 for the


  6. disproportionate share payments; and


  7. (4) That the Pool C allotment shall be distributed among the participating hospitals in direct


  8. proportion to the individual participating hospital's uncompensated-care costs for the base year,


  9. inflated by the uncompensated-care index to the total uncompensated-care cost for the base year

  10. inflated by the uncompensated-care index of all participating hospitals. The disproportionate share


  11. payments shall be made on or before June 30, 2025, and are expressly conditioned upon approval


  12. on or before June 23, 2025, by the Secretary of the United States Department of Health and Human


  13. Services, or their authorized representative, of all Medicaid state plan amendments necessary to


  14. secure for the state the benefit of federal financial participation in federal fiscal year 2025 for the

  15. disproportionate share payments.


  16. (c)(b) For federal fiscal year 2026, commencing on October 1, 2025, and ending on


17 September 30, 2026, the executive office of health and human services shall submit to the Secretary


  1. of the United States Department of Health and Human Services a state plan amendment to the


  2. Rhode Island Medicaid DSH plan to provide:

  3. (1) That the DSH plan to all participating hospitals, not to exceed an aggregate limit of


  4. $13.9 million, shall be allocated by the executive office of health and human services to the Pool


  5. C and D components of the DSH plan. Pool C shall not exceed an aggregate limit of $12.9 million.


  6. Pool D shall not exceed an aggregate limit of $1.0 million;


  7. (2) That the Pool C allotment shall be distributed among the participating hospitals in direct


  8. proportion to the individual participating hospital's uncompensated-care costs for the base year,

  9. inflated by the uncompensated-care index to the total uncompensated-care cost for the base year


  10. inflated by the uncompensated-care index of all participating hospitals. The disproportionate share


  11. payments shall be made on or before June 30, 2026, and are expressly conditioned upon approval


  12. on or before June 23, 2026, by the Secretary of the United States Department of Health and Human


  13. Services, or their authorized representative, of all Medicaid state plan amendments necessary to

  14. secure for the state the benefit of federal financial participation in federal fiscal year 2026 for the


  15. disproportionate share payments; and


  16. (3) That the Pool D allotment shall be distributed among the participating hospitals in direct


  17. proportion to the individual participating hospital's uncompensated-care costs for the base year,

  1. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year


  2. inflated by the uncompensated-care index of all participating hospitals. The disproportionate share


  3. payments shall be made on or before June 30, 2026, and are expressly conditioned upon approval

  4. on or before June 23, 2026, by the Secretary of the United States Department of Health and Human


  5. Services, or their authorized representative, of all Medicaid state plan amendments necessary to


  6. secure for the state the benefit of federal financial participation in federal fiscal year 2026 for the


  7. disproportionate share payments.


  8. (c) For federal fiscal year 2027, commencing on October 1, 2026, and ending on September


  9. 30, 2027, the DSH plan for all participating hospitals shall not exceed an aggregate limit of thirty-

  10. eight million nine hundred thousand dollars ($38,900,000) and shall be allocated by the executive


  11. office of health and human services to the Pool C and D components of the DSH plan. The Pool C


  12. component of the DSH plan shall not exceed an aggregate limit of twelve million nine hundred


  13. thousand dollars ($12,900,000). The Pool D component of the DSH plan shall not exceed an


  14. aggregate limit of twenty-six million dollars ($26,000,000).

  15. (1) The Pool C allotment shall be distributed among the participating hospitals in direct


  16. proportion to each individual participating hospital's uncompensated-care costs for the base year,


  17. inflated by the uncompensated-care index as described in § 40-8.3-2(5). The DSH payments shall


  18. be made on or before June 30, 2027; and,


  19. (2) The Pool D allotment shall be distributed among the participating hospitals in direct

  20. proportion to the individual participating hospital's uncompensated-care costs for the base year,


  21. inflated by the uncompensated-care index as described in § 40-8.3-2(5). The disproportionate share


  22. payments shall be made on or before June 30, 2027.


  23. (d) No provision is made pursuant to this chapter for disproportionate-share hospital


  24. payments to participating hospitals for uncompensated-care costs related to graduate medical


  25. education programs.

  26. (e) The executive office of health and human services is directed, on at least a monthly


  27. basis, to collect patient-level uninsured information, including, but not limited to, demographics,


  28. services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island.


29 (f) [Deleted by P.L. 2019, ch. 88, art. 13, § 6.]


  1. SECTION 3. Section 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled "Medical

  2. Assistance — Long-Term Care Service and Finance Reform" is hereby amended to read as follows:


  3. 40-8.9-9. Long-term-care rebalancing system reform goal.


  4. (a) Notwithstanding any other provision of state law, the executive office of health and


  5. human services is authorized and directed to apply for, and obtain, any necessary waiver(s), waiver

  1. amendment(s), and/or state-plan amendments from the Secretary of the United States Department


  2. of Health and Human Services, and to promulgate rules necessary to adopt an affirmative plan of


  3. program design and implementation that addresses the goal of allocating a minimum of fifty percent

  4. (50%) of Medicaid long-term-care funding for persons aged sixty-five (65) and over and adults


  5. with disabilities, in addition to services for persons with developmental disabilities, to home- and


  6. community-based care; provided, further, the executive office shall report annually as part of its


  7. budget submission, the percentage distribution between institutional care and home- and


  8. community-based care by population and shall report current and projected waiting lists for long-


  9. term-care and home- and community-based care services. The executive office is further authorized

  10. and directed to prioritize investments in home- and community-based care and to maintain the


  11. integrity and financial viability of all current long-term-care services while pursuing this goal.


  12. (b) The reformed long-term-care system rebalancing goal is person-centered and


  13. encourages individual self-determination, family involvement, interagency collaboration, and


  14. individual choice through the provision of highly specialized and individually tailored home-based

  15. services. Additionally, individuals with severe behavioral, physical, or developmental disabilities


  16. must have the opportunity to live safe and healthful lives through access to a wide range of


  17. supportive services in an array of community-based settings, regardless of the complexity of their


  18. medical condition, the severity of their disability, or the challenges of their behavior. Delivery of


  19. services and supports in less-costly and less-restrictive community settings will enable children,

  20. adolescents, and adults to be able to curtail, delay, or avoid lengthy stays in long-term-care


  21. institutions, such as behavioral health residential-treatment facilities, long-term-care hospitals,


  22. intermediate-care facilities, and/or skilled nursing facilities.


  23. (c) Pursuant to federal authority procured under § 42-7.2-16, the executive office of health


  24. and human services is directed and authorized to adopt a tiered set of criteria to be used to determine


  25. eligibility for services. The criteria shall be developed in collaboration with the state's health and

  26. human services departments and, to the extent feasible, any consumer group, advisory board, or


  27. other entity designated for these purposes, and shall encompass eligibility determinations for long-


  28. term-care services in nursing facilities, hospitals, and intermediate-care facilities for persons with


  29. intellectual disabilities, as well as home- and community-based alternatives, and shall provide a


  30. common standard of income eligibility for both institutional and home- and community-based care.

  31. The executive office is authorized to adopt clinical and/or functional criteria for admission to a


  32. nursing facility, hospital, or intermediate-care facility for persons with intellectual disabilities that


  33. are more stringent than those employed for access to home- and community-based services. The


  34. executive office is also authorized to promulgate rules that define the frequency of re-assessments

  1. for services provided for under this section. Levels of care may be applied in accordance with the


  2. following:


  3. (1) The executive office shall continue to apply the level-of-care criteria in effect on April

  4. 1, 2021, for any recipient determined eligible for and receiving Medicaid-funded long-term services


  5. and supports in a nursing facility, hospital, or intermediate-care facility for persons with intellectual


  6. disabilities on or before that date, unless:


  7. (i) The recipient transitions to home- and community-based services because he or she


  8. would no longer meet the level-of-care criteria in effect on April 1, 2021; or


  9. (ii) The recipient chooses home- and community-based services over the nursing facility,

  10. hospital, or intermediate-care facility for persons with intellectual disabilities. For the purposes of


  11. this section, a failed community placement, as defined in regulations promulgated by the executive


  12. office, shall be considered a condition of clinical eligibility for the highest level of care. The


  13. executive office shall confer with the long-term-care ombudsperson with respect to the


  14. determination of a failed placement under the ombudsperson's jurisdiction. Should any Medicaid

  15. recipient eligible for a nursing facility, hospital, or intermediate-care facility for persons with


  16. intellectual disabilities as of April 1, 2021, receive a determination of a failed community


  17. placement, the recipient shall have access to the highest level of care; furthermore, a recipient who


  18. has experienced a failed community placement shall be transitioned back into their former nursing


  19. home, hospital, or intermediate-care facility for persons with intellectual disabilities whenever

  20. possible. Additionally, residents shall only be moved from a nursing home, hospital, or


  21. intermediate-care facility for persons with intellectual disabilities in a manner consistent with


  22. applicable state and federal laws.


  23. (2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a


  24. nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities shall


  25. not be subject to any wait list for home- and community-based services.

  26. (3) No nursing home, hospital, or intermediate-care facility for persons with intellectual


  27. disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds


  28. that the recipient does not meet level-of-care criteria unless and until the executive office has:


  29. (i) Performed an individual assessment of the recipient at issue and provided written notice


  30. to the nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities

  31. that the recipient does not meet level-of-care criteria; and


  32. (ii) The recipient has either appealed that level-of-care determination and been


  33. unsuccessful, or any appeal period available to the recipient regarding that level-of-care


  34. determination has expired.

    1. (d) The executive office is further authorized to consolidate all home- and community-


    2. based services currently provided pursuant to 42 U.S.C. § 1396n into a single system of home- and


    3. community-based services that include options for consumer direction and shared living. The

    4. resulting single home- and community-based services system shall replace and supersede all 42


    5. U.S.C. § 1396n programs when fully implemented. Notwithstanding the foregoing, the resulting


    6. single program home- and community-based services system shall include the continued funding


    7. of assisted-living services at any assisted-living facility financed by the Rhode Island housing and


    8. mortgage finance corporation prior to January 1, 2006, and shall be in accordance with chapter 66.8


    9. of title 42 as long as assisted-living services are a covered Medicaid benefit.

    10. (e) The executive office is authorized to promulgate rules that permit certain optional


    11. services including, but not limited to, homemaker services, home modifications, respite, and


    12. physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care


    13. subject to availability of state-appropriated funding for these purposes.


    14. (f) To promote the expansion of home- and community-based service capacity, the

    15. executive office is authorized to pursue payment methodology reforms that increase access to


    16. homemaker, personal care (home health aide), assisted living, adult supportive-care homes, and


    17. adult day services, as follows:


    18. (1) Development of revised or new Medicaid certification standards that increase access to


    19. service specialization and scheduling accommodations by using payment strategies designed to

    20. achieve specific quality and health outcomes.


    21. (2) Development of Medicaid certification standards for state-authorized providers of adult


    22. day services, excluding providers of services authorized under § 40.1-24-1(3), assisted living, and


    23. adult supportive care (as defined under chapter 17.24 of title 23) that establish for each, an acuity-


    24. based, tiered service and payment methodology tied to: licensure authority; level of beneficiary


    25. needs; the scope of services and supports provided; and specific quality and outcome measures.

    26. The standards for adult day services for persons eligible for Medicaid-funded long-term


    27. services may differ from those who do not meet the clinical/functional criteria set forth in § 40-


    28. 8.10-3.


    29. (3) As the state's Medicaid program seeks to assist more beneficiaries requiring long-term


    30. services and supports in home- and community-based settings, the demand for home-care workers

    31. has increased, and wages for these workers has not kept pace with neighboring states, leading to


    32. high turnover and vacancy rates in the state's home-care industry, the executive office shall institute


    33. a one-time increase in the base-payment rates for FY 2019, as described below, for home-care


    34. service providers to promote increased access to and an adequate supply of highly trained home-

  1. healthcare professionals, in amount to be determined by the appropriations process, for the purpose


  2. of raising wages for personal care attendants and home health aides to be implemented by such


  3. providers.

  4. (i) A prospective base adjustment, effective not later than July 1, 2018, of ten percent (10%)


  5. of the current base rate for home-care providers, home nursing care providers, and hospice


  6. providers contracted with the executive office of health and human services and its subordinate


  7. agencies to deliver Medicaid fee-for-service personal care attendant services.


  8. (ii) A prospective base adjustment, effective not later than July 1, 2018, of twenty percent


  9. (20%) of the current base rate for home-care providers, home nursing care providers, and hospice

  10. providers contracted with the executive office of health and human services and its subordinate


  11. agencies to deliver Medicaid fee-for-service skilled nursing and therapeutic services and hospice


  12. care.


  13. (iii) Effective upon passage of this section, hospice provider reimbursement, exclusively


  14. for room and board expenses for individuals residing in a skilled nursing facility, shall revert to the

  15. rate methodology in effect on June 30, 2018, and these room and board expenses shall be exempted


  16. from any and all annual rate increases to hospice providers as provided for in this section.


  17. (iv) On the first of July in each year, beginning on July 1, 2019, the executive office of


  18. health and human services will initiate an annual inflation increase to the base rate for home-care


  19. providers, home nursing care providers, and hospice providers contracted with the executive office

  20. and its subordinate agencies to deliver Medicaid fee-for-service personal care attendant services,


  21. skilled nursing and therapeutic services and hospice care. The base rate increase shall be a


  22. percentage amount equal to the New England Consumer Price Index card as determined by the


  23. United States Department of Labor for medical care and for compliance with all federal and state


  24. laws, regulations, and rules, and all national accreditation program requirements, except as of July


  25. 1, 2025, and thereafter, when no annual inflation increase shall occur for these rates.

  26. (g) As the state's Medicaid program seeks to assist more beneficiaries requiring long-term


  27. services and supports in home- and community-based settings, the demand for home-care workers


  28. has increased, and wages for these workers has not kept pace with neighboring states, leading to


  29. high turnover and vacancy rates in the state's home-care industry. To promote increased access to


  30. and an adequate supply of direct-care workers, the executive office shall institute a payment

  31. methodology change, in Medicaid fee-for-service and managed care, for FY 2022, that shall be


  32. passed through directly to the direct-care workers' wages who are employed by home nursing care


  33. and home-care providers licensed by the Rhode Island department of health, as described below:


  34. (1) Effective July 1, 2021, increase the existing shift differential modifier by $0.19 per

    1. fifteen (15) minutes for personal care and combined personal care/homemaker.


    2. (i) Employers must pass on one hundred percent (100%) of the shift differential modifier


    3. increase per fifteen-minute (15) unit of service to the CNAs who rendered such services. This

    4. compensation shall be provided in addition to the rate of compensation that the employee was


    5. receiving as of June 30, 2021. For an employee hired after June 30, 2021, the agency shall use not


    6. less than the lowest compensation paid to an employee of similar functions and duties as of June


    7. 30, 2021, as the base compensation to which the increase is applied.


    8. (ii) Employers must provide to EOHHS an annual compliance statement showing wages


    9. as of June 30, 2021, amounts received from the increases outlined herein, and compliance with this

    10. section by July 1, 2022. EOHHS may adopt any additional necessary regulations and processes to


    11. oversee this subsection.


    12. (2) Effective January 1, 2022, establish a new behavioral healthcare enhancement of $0.39


    13. per fifteen (15) minutes for personal care, combined personal care/homemaker, and homemaker


    14. only for providers who have at least thirty percent (30%) of their direct-care workers (which

    15. includes certified nursing assistants (CNA) and homemakers) certified in behavioral healthcare


    16. training.


    17. (i) Employers must pass on one hundred percent (100%) of the behavioral healthcare


    18. enhancement per fifteen (15) minute unit of service rendered by only those CNAs and homemakers


    19. who have completed the thirty (30) hour behavioral health certificate training program offered by

    20. Rhode Island College, or a training program that is prospectively determined to be compliant per


    21. EOHHS, to those CNAs and homemakers. This compensation shall be provided in addition to the


    22. rate of compensation that the employee was receiving as of December 31, 2021. For an employee


    23. hired after December 31, 2021, the agency shall use not less than the lowest compensation paid to


    24. an employee of similar functions and duties as of December 31, 2021, as the base compensation to


    25. which the increase is applied.

    26. (ii) By January 1, 2023, employers must provide to EOHHS an annual compliance


    27. statement showing wages as of December 31, 2021, amounts received from the increases outlined


    28. herein, and compliance with this section, including which behavioral healthcare training programs


    29. were utilized. EOHHS may adopt any additional necessary regulations and processes to oversee


    30. this subsection.

    31. (h) The executive office shall implement a long-term-care-options counseling program to


    32. provide individuals, or their representatives, or both, with long-term-care consultations that shall


    33. include, at a minimum, information about: long-term-care options, sources, and methods of both


    34. public and private payment for long-term-care services and an assessment of an individual's

  1. functional capabilities and opportunities for maximizing independence. Each individual admitted


  2. to, or seeking admission to, a long-term-care facility, regardless of the payment source, shall be


  3. informed by the facility of the availability of the long-term-care-options counseling program and

  4. shall be provided with long-term-care-options consultation if they so request. Each individual who


  5. applies for Medicaid long-term-care services shall be provided with a long-term-care consultation.


  6. (i) The executive office shall implement, no later than January 1, 2024, a statewide network


  7. and rate methodology for conflict-free case management for individuals receiving Medicaid-funded


  8. home and community-based services. The executive office shall coordinate implementation with


  9. the state's health and human services departments and divisions authorized to deliver Medicaid-

  10. funded home and community-based service programs, including the department of behavioral


  11. healthcare, developmental disabilities and hospitals; the department of human services; and the


  12. office of healthy aging. It is in the best interest of the Rhode Islanders eligible to receive Medicaid


  13. home and community-based services under this chapter, title 40.1, title 42, or any other general


  14. laws to provide equitable access to conflict-free case management that shall include person-

  15. centered planning, service arranging, and quality monitoring in the amount, duration, and scope


  16. required by federal law and regulations. It is necessary to ensure that there is a robust network of


  17. qualified conflict-free case management entities with the capacity to serve all participants on a


  18. statewide basis and in a manner that promotes choice, self-reliance, and community integration.


  19. The executive office, as the designated single state Medicaid authority and agency responsible for

  20. coordinating policy and planning for health and human services under § 42-7.2-1 et seq., is directed


  21. to establish a statewide conflict-free case management network under the management of the


  22. executive office and to seek any Medicaid waivers, state plan amendments, and changes in rules,


  23. regulations, and procedures that may be necessary to ensure that recipients of Medicaid home and


  24. community-based services have access to conflict-free case management in a timely manner and in


  25. accordance with the federal requirements that must be met to preserve financial participation.

  26. (j) The executive office is also authorized, subject to availability of appropriation of


  27. funding, and federal, Medicaid-matching funds, to pay for certain services and supports necessary


  28. to transition or divert beneficiaries from institutional or restrictive settings and optimize their health


  29. and safety when receiving care in a home or the community. The secretary is authorized to obtain


  30. any state plan or waiver authorities required to maximize the federal funds available to support

  31. expanded access to home- and community-transition and stabilization services; provided, however,


  32. payments shall not exceed an annual or per-person amount.


  33. (k) To ensure persons with long-term-care needs who remain living at home have adequate


  34. resources to deal with housing maintenance and unanticipated housing-related costs, the secretary

  1. is authorized to develop higher implement resource eligibility limits of eight thousand dollars


  2. ($8,000) for single persons or and twelve thousand dollars ($12,000) for couples and obtain any


  3. state plan or waiver authorities necessary to change the financial eligibility criteria for long-term

  4. services and supports to enable beneficiaries receiving home and community waiver services to


  5. have the resources to continue living in their own homes or rental units or other home-based


  6. settings.


  7. (l) The executive office shall implement, no later than January 1, 2016, the following home-


  8. and community-based service and payment reforms:


9 (1) [Deleted by P.L. 2021, ch. 162, art. 12, § 6.]

  1. (2) Adult day services level of need criteria and acuity-based, tiered-payment


  2. methodology; and


  3. (3) Payment reforms that encourage home- and community-based providers to provide the


  4. specialized services and accommodations beneficiaries need to avoid or delay institutional care.


  5. (m) The secretary is authorized to seek any Medicaid section 1115 waiver or state-plan

  6. amendments and take any administrative actions necessary to ensure timely adoption of any new


  7. or amended rules, regulations, policies, or procedures and any system enhancements or changes,


  8. for which appropriations have been authorized, that are necessary to facilitate implementation of


  9. the requirements of this section by the dates established. The secretary shall reserve the discretion


  10. to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with

  11. the governor, to meet the legislative directives established herein.


  12. SECTION 4. Section 42-7.2-5 of the General Laws in Chapter 42-7.2 entitled "Office of


  13. Health and Human Services" is hereby amended to read as follows:


  14. 42-7.2-5. Duties of the secretary.


  15. The secretary shall be subject to the direction and supervision of the governor for the


  16. oversight, coordination, and cohesive direction of state-administered health and human services

  17. and in ensuring the laws are faithfully executed, notwithstanding any law to the contrary. In this


  18. capacity, the secretary of the executive office of health and human services (EOHHS) shall be


  19. authorized to:


  20. (1) Coordinate the administration and financing of healthcare benefits, human services, and


  21. programs including those authorized by the state's Medicaid section 1115 demonstration waiver

  22. and, as applicable, the Medicaid state plan under Title XIX of the U.S. Social Security Act.


  23. However, nothing in this section shall be construed as transferring to the secretary the powers,


  24. duties, or functions conferred upon the departments by Rhode Island public and general laws for


  25. the administration of federal/state programs financed in whole or in part with Medicaid funds or

  1. the administrative responsibility for the preparation and submission of any state plans, state plan


  2. amendments, or authorized federal waiver applications, once approved by the secretary.


  3. (2) Serve as the governor's chief advisor and liaison to federal policymakers on Medicaid

  4. reform issues as well as the principal point of contact in the state on any such related matters.


  5. (3)(i) Review and ensure the coordination of the state's Medicaid section 1115


  6. demonstration waiver requests and renewals as well as any initiatives and proposals requiring


  7. amendments to the Medicaid state plan or formal amendment changes, as described in the special


  8. terms and conditions of the state's Medicaid section 1115 demonstration waiver with the potential


  9. to affect the scope, amount, or duration of publicly funded healthcare services, provider payments

  10. or reimbursements, or access to or the availability of benefits and services as provided by Rhode


  11. Island general and public laws. The secretary shall consider whether any such changes are legally


  12. and fiscally sound and consistent with the state's policy and budget priorities. The secretary shall


  13. also assess whether a proposed change is capable of obtaining the necessary approvals from federal


  14. officials and achieving the expected positive consumer outcomes. Department directors shall,

  15. within the timelines specified, provide any information and resources the secretary deems necessary


  16. in order to perform the reviews authorized in this section.


  17. (ii) Direct the development and implementation of any Medicaid policies, procedures, or


  18. systems that may be required to assure successful operation of the state's health and human services


  19. integrated eligibility system and coordination with HealthSource RI, the state's health insurance

  20. marketplace.


  21. (iii) Beginning in 2015, conduct on a biennial basis a comprehensive review of the


  22. Medicaid eligibility criteria for one or more of the populations covered under the state plan or a


  23. waiver to ensure consistency with federal and state laws and policies, coordinate and align systems,


  24. and identify areas for improving quality assurance, fair and equitable access to services, and


  25. opportunities for additional financial participation.

  26. (iv) Implement service organization and delivery reforms that facilitate service integration,


  27. increase value, and improve quality and health outcomes.


  28. (4) Beginning in 2020, prepare and submit to the governor, the chairpersons of the house


  29. and senate finance committees, the caseload estimating conference, and to the joint legislative


  30. committee for health-care oversight, by no later than September 15 of each year, a comprehensive

  31. overview of all Medicaid expenditures outcomes, administrative costs, and utilization rates. The


  32. overview shall include, but not be limited to, the following information:


  33. (i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended;


  34. (ii) Expenditures, outcomes, and utilization rates by population and sub-population served

    1. (e.g., families with children, persons with disabilities, children in foster care, children receiving


    2. adoption assistance, adults ages nineteen (19) to sixty-four (64), and elders);


    3. (iii) Expenditures, outcomes, and utilization rates by each state department or other

    4. municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the Social


    5. Security Act, as amended;


    6. (iv) Expenditures, outcomes, and utilization rates by type of service and/or service


    7. provider;


    8. (v) Expenditures by mandatory population receiving mandatory services and, reported


    9. separately, optional services, as well as optional populations receiving mandatory services and,

    10. reported separately, optional services for each state agency receiving Title XIX and XXI funds; and


    11. (vi) Information submitted to the Centers for Medicare & Medicaid Services for the


    12. mandatory annual state reporting of the Core Set of Children's Health Care Quality Measures for


    13. Medicaid and Children's Health Insurance Program, behavioral health measures on the Core Set of


    14. Adult Health Care Quality Measures for Medicaid and the Core Sets of Health Home Quality

    15. Measures for Medicaid to ensure compliance with the Bipartisan Budget Act of 2018, Pub. L. No.


    16. 115-123.


    17. The directors of the departments, as well as local governments and school departments,


    18. shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever


    19. resources, information, and support shall be necessary.

    20. (5) Resolve administrative, jurisdictional, operational, program, or policy conflicts among


    21. departments and their executive staffs and make necessary recommendations to the governor.


    22. (6) Ensure continued progress toward improving the quality, the economy, the


    23. accountability, and the efficiency of state-administered health and human services. In this capacity,


    24. the secretary shall:


    25. (i) Direct implementation of reforms in the human resources practices of the executive

    26. office and the departments that streamline and upgrade services, achieve greater economies of scale


    27. and establish the coordinated system of the staff education, cross-training, and career development


    28. services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human


    29. services workforce;


    30. (ii) Encourage EOHHS-wide consumer-centered approaches to service design and delivery

    31. that expand their capacity to respond efficiently and responsibly to the diverse and changing needs


    32. of the people and communities they serve;


    33. (iii) Develop all opportunities to maximize resources by leveraging the state's purchasing


    34. power, centralizing fiscal service functions related to budget, finance, and procurement,

  1. centralizing communication, policy analysis and planning, and information systems and data


  2. management, pursuing alternative funding sources through grants, awards, and partnerships and


  3. securing all available federal financial participation for programs and services provided EOHHS-

  4. wide;


  5. (iv) Improve the coordination and efficiency of health and human services legal functions


  6. by centralizing adjudicative and legal services and overseeing their timely and judicious


  7. administration;


  8. (v) Facilitate the rebalancing of the long-term system by creating an assessment and


  9. coordination organization or unit for the expressed purpose of developing and implementing

  10. procedures EOHHS-wide that ensure that the appropriate publicly funded health services are


  11. provided at the right time and in the most appropriate and least restrictive setting;


  12. (vi) Strengthen health and human services program integrity, quality control and


  13. collections, and recovery activities by consolidating functions within the office in a single unit that


  14. ensures all affected parties pay their fair share of the cost of services and are aware of alternative

  15. financing;


  16. (vii) Assure protective services are available to vulnerable elders and adults with


  17. developmental and other disabilities by reorganizing existing services, establishing new services


  18. where gaps exist, and centralizing administrative responsibility for oversight of all related


  19. initiatives and programs.

  20. (7) Prepare and integrate comprehensive budgets for the health and human services


  21. departments and any other functions and duties assigned to the office. The budgets shall be


  22. submitted to the state budget office by the secretary, for consideration by the governor, on behalf


  23. of the state's health and human services agencies in accordance with the provisions set forth in §


  24. 35-3-4.


  25. (8) Utilize objective data to evaluate health and human services policy goals, resource use

  26. and outcome evaluation and to perform short and long-term policy planning and development.


  27. (9) Establish an integrated approach to interdepartmental information and data


  28. management that complements and furthers the goals of the unified health infrastructure project


  29. initiative and that will facilitate the transition to a consumer-centered integrated system of state-


  30. administered health and human services.

  31. (10) At the direction of the governor or the general assembly, conduct independent reviews


  32. of state-administered health and human services programs, policies, and related agency actions and


  33. activities and assist the department directors in identifying strategies to address any issues or areas


  34. of concern that may emerge thereof. The department directors shall provide any information and

  1. assistance deemed necessary by the secretary when undertaking such independent reviews.


  2. (11) Provide regular and timely reports to the governor and make recommendations with


  3. respect to the state's health and human services agenda.

  4. (12) Employ such personnel and contract for such consulting services as may be required


  5. to perform the powers and duties lawfully conferred upon the secretary.


  6. (13) Assume responsibility for complying with the provisions of any general or public law


  7. or regulation related to the disclosure, confidentiality, and privacy of any information or records,


  8. in the possession or under the control of the executive office or the departments assigned to the


  9. executive office, that may be developed or acquired or transferred at the direction of the governor

  10. or the secretary for purposes directly connected with the secretary's duties set forth herein.


  11. (14) Hold the director of each health and human services department accountable for their


  12. administrative, fiscal, and program actions in the conduct of the respective powers and duties of


  13. their agencies.


  14. (15) Identify opportunities for inclusion with the EOHHS' October 1, 2023, budget

  15. submission, to remove fixed eligibility thresholds for programs under its purview by establishing


  16. sliding scale decreases in benefits commensurate with income increases up to four hundred fifty


  17. percent (450%) of the federal poverty level. These shall include but not be limited to, medical


  18. assistance, childcare assistance, and food assistance.


  19. (16) Ensure that insurers minimize administrative burdens on providers that may delay

  20. medically necessary care, including requiring that insurers do not impose a prior authorization


  21. requirement for any admission, item, service, treatment, or procedure ordered by an in-network


  22. primary care provider. Provided, the prohibition shall not be construed to prohibit prior


  23. authorization requirements for prescription drugs. Provided further, that as used in this subsection


  24. (16) of this section, the terms "insurer," "primary care provider," and "prior authorization" means


  25. the same as those terms are defined in § 27-18.9-2.

  26. (17) The secretary shall convene, in consultation with the governor, an advisory working


  27. group to assist in the review and analysis of potential impacts of any adopted federal actions related


  28. to Medicaid programs. The working group shall develop options for administrative action or


  29. general assembly consideration that may be needed to address any federal funding changes that


  30. impact Rhode Island's Medicaid programs.

  31. (i) The advisory working group may include, but not be limited to, the secretary of health


  32. and human services, director of management and budget, and designees from the following: state


  33. agencies, businesses, healthcare, public sector unions, and advocates.


  34. (ii) As soon as practicable after the enactment federal budget for fiscal year 2026, but no

    1. later than October 31, 2025, the advisory working group shall forward a report to the governor,


    2. speaker of the house, and president of the senate containing the findings, recommendations and


    3. options for consideration to become compliant with federal changes prior to the governor's budget

    4. submission pursuant to § 35-3-7.


    5. (18)  The  secretary  shall  implement,  in  coordination  with  the  health  insurance


    6. commissioner, the Achieving Healthcare Efficiency through Accountable Design (AHEAD) Model


    7. Grant Program and produce a report to the governor and the general assembly outlining the


    8. program's activities. The report, due no later than October 31, 2026, and annually thereafter by


9 October 31 for the duration of the state's participation in the grant, should address, at minimum:

  1. (i) A description of activities and funding uses during the grant year;


  2. (ii) The legislative authority, including budgetary authority, required to implement changes


  3. to the Rhode Island Medical Assistance program;


  4. (ii) Stakeholder interest and participation in the model; and


  5. (iv) Overall long-term value of implementing the alternative payment models required by

  6. the AHEAD model.


  7. SECTION 5. Chapter 42-72 of the General Laws entitled "Department of Children, Youth


  8. and Families" is hereby amended by adding thereto the following section:


  9. 42-72-37. Family care community partnerships.


  10. (a) As used in this section, "family care community partnership" (FCCP) means a specific,

  11. community-based child abuse and neglect prevention service that an agency or entity provides to


  12. children and families through a Medicaid certification, department license, or contract with the


  13. department.


  14. (b) There are hereby established five (5) FCCP catchment regions to serve residents of a


  15. specific area within the state, as follows:


  16. (1) West Urban Core: The cities of Providence and Cranston;

  17. (2) East Urban Core: The cities of East Providence, Central Falls, and Pawtucket;


  18. (3) East Bay: The towns of Barrington, Bristol, Jamestown, Little Compton, Middletown,


  19. Portsmouth, Tiverton, and Warren, and the city of Newport;


  20. (4) Washington and Kent Counties: The towns of Charlestown, Coventry, East Greenwich,


  21. Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown,

  22. West Greenwich, West Warwick, and Westerly, and the city of Warwick; and


  23. (5) Northern Rhode Island: The towns of Burrillville, Cumberland, Foster, Glocester,


  24. Johnston, Lincoln, North Providence, North Smithfield, Scituate, Smithfield, and the city of


  25. Woonsocket.

    1. (c) Exactly one FCCP Lead Agency shall be permitted to operate in each region set forth


    2. in subsection (b) of this section.


    3. SECTION 6. Rhode Island Medicaid Reform Act of 2008 Resolution.

    4. WHEREAS, The General Assembly enacted Chapter 12.4 of Title 42 entitled "The Rhode


    5. Island Medicaid Reform Act of 2008"; and


    6. WHEREAS, A legislative enactment is required pursuant to Rhode Island general laws §


7 42-12.4-1, et seq.; and


  1. WHEREAS, Rhode Island general laws § 42-7.2-5(3)(i) provides that the secretary of the


  2. executive office of health and human services is responsible for the review and coordination of any

  3. Medicaid section 1115 demonstration waiver requests and renewals as well as any initiatives and


  4. proposals requiring amendments to the Medicaid state plan or category II or III changes as


  5. described in the demonstration, "with potential to affect the scope, amount, or duration of publicly-


  6. funded health care services, provider payments or reimbursements, or access to or the availability


  7. of benefits and services provided by Rhode Island general and public laws"; and

  8. WHEREAS, In pursuit of a more cost-effective consumer choice system of care that is


  9. fiscally sound and sustainable, the secretary requests legislative approval of the following proposals


  10. to amend the demonstration; and


  11. WHEREAS, Implementation of adjustments may require amendments to the Rhode


  12. Island's Medicaid state plan and/or section 1115 waiver under the terms and conditions of the

  13. demonstration. Further, adoption of new or amended rules, regulations and procedures may also be


  14. required:


  15. (a) Substance Abuse Residential Services Rates. The secretary of the executive office of


  16. health and human services will pursue and implement any state plan amendments needed to


  17. eliminate annual rate increases for substance abuse residential services.


  18. (b) Assisted Living Tier C Rates. The secretary of the executive office of health and human

  19. services is authorized to pursue and implement any waiver amendments, state plan amendments,


  20. and/or changes to the applicable department's rules, regulations, and procedures required to


  21. increase Tier C Assisted Living reimbursement rates by 13 percent starting January 1, 2027


  22. (c) Children's Services Rate Setting. The secretary of the executive office of health and


  23. human services is authorized to pursue and implement any waiver amendments, state plan

  24. amendments, and/or changes to the applicable department's rules, regulations, and procedures


  25. required to implement reimbursement rates resulting from the Children's Services Rate Setting


  26. project.


  27. (d) Provider Reimbursement Rates. The secretary of the executive office of health and

    1. human services is authorized to pursue and implement any waiver amendments, state plan


    2. amendments, and/or changes to the applicable department's rules, regulations, and procedures


    3. required to implement updates to Medicaid provider reimbursement rates consisting of rate

    4. increases limited to the lower amount of the increases recommended or one hundred percent


    5. (100%) of the Medicare rates identified in the Social and Human Service Programs Review Final


    6. Report produced by the office of the health insurance commissioner pursuant to Rhode Island


    7. general laws § 42-14.5-3(t)(2)(x), effective October 1, 2026.


    8. (e) Change to Rates for Nursing Facility Services. The secretary of the executive office of


    9. health and human services is authorized to pursue and implement any waiver amendments, state

    10. plan amendments, and/or changes to the applicable department's rules, regulations, and procedures


    11. required to update the behavioral health per-diem add-on program for particularly complex patients


    12. to include, but not limited to, those who:


    13. (1) Require nursing home level of care and have complex needs that are barriers to


    14. placement in a traditional nursing home, and have a history of persistent, disruptive behaviors

    15. requiring moderate-to-frequent intervention;


    16. (2) Admission to a specialized nursing home is consistent with the least restrictive setting


    17. requirement enunciated in the landmark U.S. Supreme Court case, Olmstead v. L.C (1999); and


    18. (3) The individual must meet nursing facility level of care criteria and has been approved


    19. by BHDDH for specialized services through the BHDDH Level II PASRR determination process

    20. prior to admission to a specialized nursing home.


    21. (f) Glucagon-like Peptide-1 (GLP-1) Coverage. The secretary of the executive office of


    22. health and human services is authorized to pursue and implement any waiver amendments, state


    23. plan amendments, and/or changes to the applicable department's rules, regulations, and procedures


    24. required to remove coverage for GLP-1 medications, except if prescribed to treat type 2 diabetes.


    25. (g) Targeted Case Management. The secretary of the executive office of health and human

    26. services is authorized to pursue and implement any waiver amendments, state plan amendments,


    27. and/or changes to the applicable department's rules, regulations, and procedures required to


    28. implement updates to Medicaid's authority to reimburse for the governmental provision of targeted


    29. case management to Medicaid enrolled children and youth (up to 21 years old) by qualified staff at


    30. the Department of Children, Youth and Families.

    31. (h) Graduate Medical Education for Federally Qualified Health Centers. The executive


    32. office of health and human services shall review and assess any Medicaid waiver or state plan


    33. opportunities that support Rhode Island Federally Qualified Health Centers that operate, or


    34. participate in the operation of, accredited primary care-focused physician residency programs. The

  1. Secretary shall provide a report with options, recommendations, and estimated fiscal impact to the


  2. General Assembly and Governor by November 1, 2026, for consideration in the FY 2028 enacted


  3. budget.

  4. (i) Federal Financing Opportunities. The executive office of health and human services


  5. proposes that it shall review Medicaid requirements and opportunities under the U.S. Patient


  6. Protection and Affordable Care Act of 2010 (PPACA) and various other recently enacted federal


  7. laws and pursue any changes in the Rhode Island Medicaid program that promote, increase and


  8. enhance service quality, access and cost-effectiveness that may require a Medicaid state plan


  9. amendment or amendment under the terms and conditions of Rhode Island's section 1115 waiver,

  10. its successor, or any extension thereof. Any such actions by the executive office of health and


  11. human services shall not have an adverse impact on beneficiaries or cause there to be an increase


  12. in expenditures beyond the amount appropriated for state fiscal year 2027; now, therefore be it


  13. RESOLVED, That the General Assembly hereby approves the above-referenced proposals;


  14. and be it further

  15. RESOLVED, That the secretary of the executive office of health and human services is


  16. authorized to pursue and implement any waiver amendments, state plan amendments, and/or


  17. changes to the applicable department's rules, regulations and procedures approved herein and as


  18. authorized by chapter 12.4 of title 42; and be it further


  19. SECTION 7. Joint Resolution. AUTHORIZING THE SECRETARY OF THE

  20. EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES TO CONTINUE AND


  21. EXPAND AN ACUTE HOSPITAL CARE AT HOME PROGRAM


  22. WHEREAS, The State of Rhode Island has received a multi-hundred-million-dollar,


  23. multiyear award from the Centers for Medicare and Medicaid Services called The Rural Health


  24. Transformation Program (RHTP); and


  25. WHEREAS, RHTP strongly favors and funds states that have hospitals that participate in

  26. the Centers for Medicare and Medicaid Services Acute Hospital Care at Home initiative, the


  27. services of which are often called hospital at home programs; and


  28. WHEREAS, Hospital at home models have shown over decades that advanced care at


  29. home can be a safe, effective way to provide care to patients that is associated with lower costs and


  30. better patient outcomes and satisfaction compared with inpatient hospitalization; and

  31. WHEREAS, The hospital at home model is an important component of the shift away from


  32. institutionalized care and has been successful in allowing patients with particular conditions to


  33. remain in their homes and avoid risks associated with inpatient admission and care; and


  34. WHEREAS, The Centers for Medicare and Medicaid Services has extended the Acute

    1. Hospital Care at Home initiative through September 30, 2030, via the Consolidated Appropriations


    2. Act; and


    3. WHEREAS, The Acute Hospital Care at Home initiative applies to Medicare beneficiaries,

    4. but can be extended to Medicaid beneficiaries if states choose to cover such services; and


    5. WHEREAS, The State of Rhode Island wishes to extend the Acute Hospital Care at Home


    6. initiative benefits to both traditional and managed Medicaid enrollees;


    7. NOW, THEREFORE BE IT RESOLVED,


    8. (1) Notwithstanding any provision of law to the contrary, the Executive Office of Health


    9. and Human Services shall establish and maintain a program to cover hospital at home services for

    10. all eligible medical assistance enrollees and managed Medicaid enrollees. The program shall be


    11. established and maintained in a manner that is consistent with the provisions of the Acute Hospital


    12. Care at Home initiative, as authorized by the federal Centers for Medicare and Medicaid Services.


    13. (2) Any Rhode Island licensed hospital in receipt of a waiver to operate, or otherwise


    14. approved to participate in the Centers for Medicare and Medicaid Services Acute Hospital Care at

    15. Home initiative, shall be permitted to operate or to continue to operate its program in the manner


    16. permitted under federal law.


    17. (3) For as long the Acute Hospital Care at Home initiative, or a successor, remains in effect,


    18. the Rhode Island Medical Assistance program, including managed Medicaid plans, shall provide


    19. coverage and payment for acute hospital care services delivered to a covered person through the

    20. program established pursuant to this resolution, on the same basis as when services are delivered


    21. within the facilities of a hospital. Reimbursement payments under this section shall be provided to


    22. the hospital, facility, or organization providing the services or the individual practitioner who


    23. delivered the reimbursable services, or to the agency, facility, or organization that employs or


    24. contracts with the individual practitioner who delivered the reimbursable services, as appropriate,


    25. at a rate no higher than the payer's then applicable reimbursement rates for the same service in the

    26. same hospital.


    27. (4) The program shall not utilize more stringent utilization management criteria than apply


    28. when those services are provided within the facilities of a hospital.


    29. (5) The Secretary of the Executive Office of Health and Human Services shall apply for


    30. any State plan amendments or waivers as may be necessary to implement the provisions of this

    31. resolution and to secure federal financial participation for State Medicaid expenditures under the


    32. federal Medicaid program.


    33. (6) The Secretary of the Executive Office of Health and Human Services shall adopt rules


    34. and regulations, in accordance with the Administrative Procedure Act, if necessary, to effectuate

  1. the provisions of this resolution; and be it further


  2. RESOLVED, The Secretary of the Executive Office of Health and Human Services shall


  3. provide a report to the Governor and the General Assembly regarding the cost of the program.

  4. SECTION 8. This article shall take effect upon passage, except sections 6 and 7 which


  5. shall take effect on July 1, 2026.


  1. ARTICLE 9

    =======

    art.009/4/009/3/009/2/009/1

    =======


  2. RELATING TO LEASES


  3. SECTION 1. This article consists of a Joint Resolution that is submitted pursuant to Rhode


  4. Island General Laws § 37-6-2, authorizing various lease agreements for office space and operating


  5. space.


  6. SECTION 2. Rhode Island Department of State (148 West River Street, Providence).


  7. WHEREAS, The Rhode Island Department of State currently occupies approximately

  8. 12,152 square feet at 148 West River Street in the City of Providence; and


  9. WHEREAS, The Rhode Island Department of State currently holds a lease agreement, in


  10. full force and effect, with EGMP 146-148 West River LLC for approximately 12,152 square feet


  11. of office and customer service space located at 148 West River Street, in the City of Providence;


  12. and

  13. WHEREAS, The existing lease expires on July 31, 2026, and the Rhode Island Department


  14. of State wishes to enter into a new lease agreement for a period of ten (10) years; and


  15. WHEREAS, The State of Rhode Island, acting by and through the Department of State


  16. attests to the fact that there are no clauses in the lease agreement with EGMP 146-148 West River


  17. LLC that would interfere with the Department of State’s lease agreement or use of the facility; and


  18. WHEREAS, The leased premises provide a critical location for the offices of the

  19. Department of State from which the agency can fulfill its mission; and


  20. WHEREAS, The annual fixed rent in the agreement in the current fiscal year, ending June


21 30, 2026 is $256,589.52; and


  1. WHEREAS, The annual base rent of the agreement in year one is not to exceed


  2. $261,268.00 which will be followed by annual increases of 2.5% in years two (2) through ten (10),

  3. with year ten (10) not to exceed $326,287.93; and


  4. WHEREAS, The payment of the annual base rent will be made from funds available to the


  5. Department of State for the payments of rental and lease costs based on annual appropriations made


  6. by the General Assembly; and


  7. WHEREAS, The State Properties Committee now respectfully requests the approval of the

  8. Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement


  9. between the Department of State and EGMP 146-148 West River LLC for leased space located at

  1. 148 West River Street, Providence; now therefore be it


  2. RESOLVED, That this General Assembly of the State of Rhode Island hereby approves


  3. the lease agreement, for a term not to exceed ten (10) years and an aggregate base rent not to exceed

  4. $2,927,085.15; and it be further


  5. RESOLVED, That this Joint Resolution shall take effect upon passage by the General


  6. Assembly; and it be further


  7. RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly


  8. certified copies of this resolution to the Governor, the Department of State, the Director of


  9. Administration, the State Budget Officer, and the Chair of the State Properties Committee.

  10. SECTION 3. Rhode Island Department of Environmental Management, (235 Promenade


  11. Street, Providence).


  12. WHEREAS, The Rhode Island Department of Environmental Management currently


  13. occupies 126,184 square feet at 235 Promenade Street in the City of Providence; and


  14. WHEREAS, The Rhode Island Department of Environmental Management currently holds

  15. a lease agreement in full force and effect, with Foundry Parcel Fifteen Associates, LLC for 126,184


  16. square feet of office and customer service space located at 235 Promenade Street, in the City of


  17. Providence; and


  18. WHEREAS, The existing lease expires on July 7, 2026, and the Rhode Island Department


  19. of Environmental Management wishes to enter into a new lease agreement for a period of ten (10)

  20. years; and


  21. WHEREAS, The Department of Administration and Rhode Island Department of


  22. Environmental Management received and reviewed proposals for office space that would meet the


  23. Department of Environmental Management’s needs; and


  24. WHEREAS, Upon completing an evaluation of the submitted lease proposals, the Rhode


  25. Island Department of Environmental Management wishes to enter into a ten-year lease agreement

  26. with Foundry Parcel Fifteen Associates, LLC for approximately 115,733 square feet of office space


  27. located at 235 Promenade Street in the city of Providence; and


  28. WHEREAS, The State of Rhode Island, acting by and through the Rhode Island


  29. Department of Environmental Management attests to the fact that there are no clauses in the lease


  30. agreement with Foundry Parcel Fifteen Associates, LLC that would interfere with the Rhode Island

  31. Department of Environmental Management’s lease agreement or use of the facility; and


  32. WHEREAS, The leased premises provide a critical location for the offices of the Rhode


  33. Island Department of Environmental Management from which the agency can fulfill its mission;


  34. and

1 WHEREAS, The annual fixed rent in the agreement in the current fiscal year, ending June


2 30, 2026 is $2,586,772; and


  1. WHEREAS, The annual fixed rent of the agreement in each of the first five (5) years of

  2. the renewal term will not exceed $2,761,716 and shall not exceed $2,952,675 in each of the


  3. remaining years of the renewal term (or in each of years six (6) through ten (10) of the renewal


  4. term); and


  5. WHEREAS, The payment of the annual fixed rent will be made from funds available to


  6. the Rhode Island Department of Environmental Management for the payments of rental and lease


  7. costs based on annual appropriations made by the General Assembly; and

  8. WHEREAS, The State Properties Committee now respectfully requests the approval of the


  9. Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement


  10. between the Rhode Island Department of Environmental Management and Foundry Parcel Fifteen


  11. Associates, LLC for lease space located at 235 Promenade Street, Providence; now therefore be it


  12. RESOLVED, That this General Assembly of the State of Rhode Island hereby approves

  13. the lease agreement, for a term not to exceed ten (10) years and an aggregate fixed rent not to


  14. exceed $28,571,955; and it be further


  15. RESOLVED, That this Joint Resolution shall take effect upon passage by the General


  16. Assembly; and it be further


  17. RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly

  18. certified copies of this resolution to the Governor, the Director of the Rhode Island Department of


  19. Environmental Management, the Director of Administration, the State Budget Officer, and the


  20. Chair of the State Properties Committee.


  21. SECTION 4. State of Rhode Island Office of the Public Defender (160 Pine Street,


  22. Providence).


  23. WHEREAS, The Office of the Public Defender currently occupies approximately 19,777

  24. square feet at 160 Pine Street in the City of Providence; and


  25. WHEREAS, The Office of the Public Defender currently holds a lease agreement, in full


  26. force and effect, with PK Lamb Properties, Inc. for approximately 19,777 square feet of office


  27. space located at 160 Pine Street, in the City of Providence; and


  28. WHEREAS, The existing lease expires on July 31, 2026, and the Office of the Public

  29. Defender wishes to renew this lease for an additional five-year term; and


  30. WHEREAS, The State of Rhode Island, acting by and through the Office of the Public


  31. Defender attests to the fact that there are no clauses in the lease agreement with PK Lamb


  32. Properties, Inc. that would interfere with the Office of the Public Defender’s lease agreement or

  1. use of the facility; and


  2. WHEREAS, The leased premises provide a critical location for the Office of the Public


  3. Defender from which the agency can fulfill its mission; and

  4. WHEREAS, The annual fixed rent in the agreement in the current fiscal year, ending June


5 30, 2026 is $393,166.76; and


  1. WHEREAS, The annual fixed rent of the agreement in the five (5) years of the renewal


  2. term will not exceed $483,619; and


  3. WHEREAS, The payment of the annual fixed rent will be made from funds available to


  4. the Office of the Public Defender for the payments of rental and lease costs based on annual

  5. appropriations made by the General Assembly; and


  6. WHEREAS, The State Properties Committee now respectfully requests the approval of the


  7. Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement


  8. between the Office of the Public Defender and PK Lamb Properties, Inc. for leased space located


  9. at 160 Pine Street, Providence; now therefore be it

  10. RESOLVED, That this General Assembly of the State of Rhode Island hereby approves


  11. the lease agreement, for a term not to exceed five (5) years and an aggregate fixed rent not to exceed


  12. $2,418,095; and it be further


  13. RESOLVED, That this Joint Resolution shall take effect upon passage by the General


  14. Assembly; and it be further

  15. RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly


  16. certified copies of this resolution to the Governor, the Public Defender, the Director of


  17. Administration, the State Budget Officer, and the Chair of the State Properties Committee.


  18. SECTION 5. Rhode Island Department of Human Services (77 Dorrance Street,


  19. Providence).


  20. WHEREAS, The Rhode Island Department of Human Services currently occupies 25,812

  21. square feet at 77 Dorrance Street in the City of Providence; and


  22. WHEREAS, The Rhode Island Department of Human Services currently holds a lease


  23. agreement in full force and effect, with 77 Dorrance, LLC for 25,812 square feet of office and


  24. customer service space located at 77 Dorrance Street, in the City of Providence; and


  25. WHEREAS, The existing lease expires on August 31, 2026, and the Rhode Island

  26. Department of Human Services wishes to enter into a new lease agreement for a period of five


  27. years (5) years; and


  28. WHEREAS, The State of Rhode Island, acting by and through the Department of Human


  29. Services attests to the fact that there are no clauses in the lease agreement with 77 Dorrance, LLC

  1. that would interfere with the Department of Human Service’s lease agreement or use of the facility;


  2. and


  3. WHEREAS, The leased premises provide a critical location for the offices of the

  4. Department of Human Services from which the agency can fulfill its mission; and


  5. WHEREAS, The annual fixed rent in the agreement in the current fiscal year, ending June


6 30, 2026 is $412,992; and


  1. WHEREAS, The annual fixed rent of the agreement in the five (5) years of the renewal


  2. term will not exceed $500,753; and


  3. WHEREAS, The payment of the annual fixed rent will be made from funds available to

  4. the Department of Human Services for the payments of rental and lease costs based on annual


  5. appropriations made by the General Assembly; and


  6. WHEREAS, The State Properties Committee now respectfully requests the approval of the


  7. Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement


  8. between the Department of Human Services and 77 Dorrance, LLC for lease space located at 77

  9. Dorrance Street, Providence; now therefore be it


  10. RESOLVED, That this General Assembly of the State of Rhode Island hereby approves


  11. the lease agreement, for a term not to exceed five (5) years and an aggregate fixed rent not to exceed


  12. $2,503,765; and it be further


  13. RESOLVED, That this Joint Resolution shall take effect upon passage by the General

  14. Assembly; and it be further


  15. RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly


  16. certified copies of this resolution to the Governor, the Director of the Department of Human


  17. Services, the Director of Administration, the State Budget Officer, and the Chair of the State


  18. Properties Committee.


  19. SECTION 6. Office of the Postsecondary Commissioner (83 Tower Street, Westerly).

  20. WHEREAS, The Office of the Postsecondary Commissioner, by and through its governing


  21. council, the Rhode Island Council on Postsecondary Education, desires to lease approximately


  22. 2,385 rentable square feet of space at the building located at 83 Tower Street, Westerly, Rhode


  23. Island, owned by Tower Street Center, Inc.; and


  24. WHEREAS, To meet the continued demand from employers for a highly trained and

  25. skilled workforce that requires an education credential beyond a high school diploma, the Office


  26. of the Postsecondary Commissioner requires additional educational space. Currently, the Westerly


  27. Education Center is at capacity, offering nine trades to support employees for Electric Boat,


  28. programming from higher education institutions, and space for industry partners to provide

  1. incumbent worker training programs; and


  2. WHEREAS, The proposed lease is for additional educational space, and there is no existing


  3. lease for the specific premises located at 83 Tower Street, Westerly, Rhode Island; and

  4. WHEREAS, Tower Street Center, Inc. entered into a Ground Lease Agreement with the


  5. Town of Westerly, Rhode Island on January 1, 2024, to develop a community center, authorizing


  6. the Landlord to sublease all or any portion of the improvements on the Property, develop the terms


  7. of such permitted sublease(s), and enforce the terms of such permitted sublease(s), according to the


  8. terms set forth in the Ground Lease Agreement; and


  9. WHEREAS, The vision for the Tower Street Community Center is to create a

  10. transformative community hub that breaks down barriers to essential services, fosters meaningful


  11. connections, and empowers individuals to thrive. The Tower Street Community Center is


  12. envisioned as a place where health, education, and recreation intersect to build a stronger, more


  13. resilient community; and


  14. WHEREAS, The leased premises provide a critical location for the Office of the

  15. Postsecondary Commissioner to expand its operations from which the agency can fulfill its mission;


  16. and


  17. WHEREAS, The initial lease term in the lease agreement is for a period of ten (10) years,


  18. and the lease agreement includes three (3) optional extensions of ten (10) years each; and


  19. WHEREAS, The Office of the Postsecondary Commissioner received $1,500,000 in

  20. federal grant funding through the Consolidated Appropriations Act, 2023 (Public Law 117-328),


  21. under the Economic Development Initiative Community Project Funding/Congressionally Directed


  22. Spending program, administered by the United States Department of Housing and Urban


  23. Development, for prepaid rent toward securing a lease agreement for the Education Center


  24. Expansion project at the Tower Street Community Center; and


  25. WHEREAS, The base rent of the lease agreement will consist of a lump-sum prepayment

  26. of $1,500,000 and additional annual base rent not to exceed $50,000 per year in each of years one


  27. (1) through ten (10), for aggregate base rent not to exceed $2,000,000 during the initial ten-year


  28. term. The base rent reflects a percentage of the reasonably anticipated cost of construction for this


  29. phase of the project, secures the long-term lease and extension options, and provides the option to


  30. expand the leased premises into a subsequent phase of the project at no additional base rent during

  31. the initial term or any exercised extension term, as applicable, if the Landlord develops subsequent


  32. phases of the project; and


  33. WHEREAS, The payment of additional annual base rent will be made from funds available


  34. to the Office of the Postsecondary Commissioner for the payment of rental and lease costs based

  1. on annual appropriations made by the General Assembly of the State of Rhode Island from the


  2. higher education and industry centers restricted receipt account pursuant to 16-59-9.; and


  3. WHEREAS, The lease agreement is subject to approval by the Rhode Island Council on

  4. Postsecondary Education and the State Properties Committee, and approval of the Rhode Island


  5. House of Representatives and the Rhode Island Senate is requested for the lease agreement between


  6. the Office of the Postsecondary Commissioner, by and through its governing council, the Rhode


  7. Island Council on Postsecondary Education, and Tower Street Center, Inc. for leased space located


  8. at 83 Tower Street, Westerly, Rhode Island; now therefore be it


  9. RESOLVED, That this General Assembly of the State of Rhode Island hereby approves

  10. the lease agreement for an initial term not to exceed ten (10) years, with three (3) optional


  11. extensions of ten (10) years each, and authorizes the lease agreement to include an option to expand


  12. the leased premises into a subsequent phase of the project at no additional base rent during the


  13. initial term or any exercised extension term, as applicable, if the Landlord develops subsequent


  14. phases of the project, provided that aggregate base rent during the initial term shall not exceed

  15. $2,000,000; provided, however, that General Assembly approval granted hereby is subject to and


  16. conditioned upon approval by the Rhode Island Council on Postsecondary Education and the State


  17. Properties Committee; and it be further


  18. RESOLVED, That this Joint Resolution shall take effect upon passage by the General


  19. Assembly; and it be further

  20. RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly


  21. certified copies of this resolution to the Governor, the Rhode Island Commissioner of


  22. Postsecondary Education, the Director of Administration, the State Budget Officer, and the Chair


  23. of the State Properties Committee.


  24. SECTION 7. This article shall take effect upon passage.

    =======

    art.010/8/010/7/010/6/010/5/010/4/010/3/010/2/010/1

    =======

    1. ARTICLE 10


    2. RELATING TO HEALTH AND HUMAN SERVICES


    3. SECTION 1. Section 23-13-22 of the General Laws in Chapter 23-13 entitled "Maternal


    4. and Child Health Services for Children with Special Health Care Needs" is hereby amended to read


    5. as follows:


    6. 23-13-22. Early intervention program for developmentally disabled infants.


    7. (a) The director secretary of the department of human services executive office of health

    8. and human services (EOHHS) shall ensure that all developmentally disabled infants from birth to


    9. three (3) years of age shall be enrolled in the early intervention program. Beginning July 1, 2026,


    10. EOHHS and the department of elementary and secondary education shall create a plan to allow


    11. children to remain in early intervention until September 1 after their third birthday, as allowed by


    12. federal law 20 U.S.C. § 1435(c). Further, such plan shall include, but not be limited to, seeking any

    13. federal approvals necessary or desirable to implement the aforesaid policy. By January 1, 2028,


    14. EOHHS shall allow children who turn three (3) years old between May 1 and August 31 to remain


    15. in early intervention until September 1 after the child’s third birthday. Regulations governing the


    16. delivery of services under this program, including eligibility criteria, shall be promulgated by the


    17. department of human services EOHHS, with the advice of the interagency coordinating council;


    18. provided, however, that all regulations promulgated by the department of health shall remain in full

    19. force and effect until the time they are replaced by regulations promulgated by the department of


    20. human services EOHHS. The regulations shall stipulate, at a minimum, the following provisions


    21. that are consistent with the intent of this chapter:


    22. (1) The director secretary shall develop and maintain a procedure for the earliest possible


    23. identification and efficient referral of all developmentally disabled infants;

    24. (2) The director secretary shall ensure that every infant identified and referred to this


    25. program is enrolled as soon as possible after birth; and further, that for infants placed on a waiting


    26. list for facility based group programming, an early intervention program shall be made available


    27. within a thirty (30) day period from the time a need is identified in the individual program plan;


    28. (3) Unless parents refuse the service, the home visiting component of the program shall

    29. commence as soon as the infant has been identified as having a possible developmental disability;


    30. (4) Any parent(s) who is/are dissatisfied with decisions or termination of service or with

      1. practices and procedures of a particular agency or the department of human services EOHHS shall


      2. notify the director secretary of the department of human services EOHHS in writing within thirty


      3. (30) calendar days and the complaint shall be reviewed in accordance with department of health

      4. EOHHS policy and procedures, as amended, and the Administrative Procedures Act, chapter 35 of


      5. title 42.


      6. (5) An early intervention program for purposes of this section shall mean a comprehensive


      7. array of educational, developmental, health, and social services provided on a calendar year basis


      8. to eligible infants, children, and their families as specified in program regulations.


      9. (b) Within ninety (90) days after October 1, 2004, an evaluation plan describing outcome

      10. measures that document the program’s successes and shortcomings from the previous fiscal year


      11. shall be submitted to the speaker of the house of representatives, the president of the senate and the


      12. house oversight committee and the governor and the interagency coordinating council.


      13. Development of the plan shall be made in consultation with the entities with expertise in this area


      14. and the interagency coordinating council. The plan shall include a memorandum of understanding

      15. between the department of health, department of human services and the department of elementary


      16. and secondary education that demonstrates coordination and continuity of early intervention


      17. services among these departments.


      18. (c) Within six (6) months after January 1, 2005 where prescribed outcomes documented in


      19. the evaluation plan have not been accomplished the responsible agencies shall submit written

      20. explanations for the shortfalls, together with their proposed remedies. The report shall also include


      21. evaluation of the progress of the coordination efforts between the department of health and the


      22. department of human services and the department of elementary and secondary education and the


      23. interagency coordinating council and shall include any recommendations regarding modifications


      24. of the reimbursement mechanisms of this chapter.


      25. (d) Within twelve (12) months after August 1, 2005 a final report shall include the progress

      26. of the coordination efforts between the department of health and the department of human services


      27. and department of elementary and secondary education, interagency coordinating council and shall


      28. include any recommendations regarding modifications to the comprehensive array of educational,


      29. developmental, health and social services provided on a calendar year basis to eligible infants,


      30. children and their families as specified in an early intervention system.

      31. (e) All reports or documents required to be produced pursuant to 20 U.S.C. § 1471 et seq.,


      32. shall be submitted to the speaker of the house, president of the senate and the chairpersons of the


      33. appropriate house of representatives and senate oversight committees and the governor and the


      34. interagency coordinating council. Adherence to such plans and reporting requirements, and budgets

  1. and the timely achievement of goals contained therein shall be considered by the oversight


  2. committees of the house of representatives and senate, among other relevant factors, in determining


  3. appropriations or other systemic changes.

  4. (f) In developing and implementing the plan to extend early intervention services beyond


  5. age three (3) as provided in subsection (a) of this section, the secretary shall:


  6. (1)  Appoint  and  convene  an  implementation  advisory  committee  to  advise  on  the


  7. implementation of the plan. The committee shall include:


  8. (i) The individual designated by the state to serve as the coordinator for Part C in EOHHS;


  9. (ii) The individual designated by the state to serve as the coordinator for Section 619 of the

  10. Individuals with Disabilities Education Act (IDEA) in the department of elementary and secondary


  11. education;


  12. (iii) Not fewer than three (3) representatives of early intervention provider agencies;


  13. (iv) Not fewer than two (2) representatives of local education agencies (“LEA”);


  14. (v) Not fewer than two (2) advocates or experts with demonstrated expertise in early

  15. intervention or early childhood special education; and


  16. (vi) Not fewer than two (2) parents of children who have received early intervention


  17. services and have transitioned to early childhood special education within the preceding three (3)


  18. years.


  19. (2) The implementation advisory committee shall:

  20. (i) Meet for a period of at least one year following the official effective date of the extension


  21. policy;


  22. (ii) Identify strategies to reduce administrative burdens on families, early intervention


  23. providers, LEA, and the state including, but not limited to, the use of federal funds earmarked for


  24. early intervention extension to the extent allowable;


  25. (iii) Earmark appropriate federal early intervention funding and develop shared resources

  26. to support training and development for early intervention providers and LEA regarding the


  27. extension option; and


  28. (iv) Develop strategies to maximize providers’ ability to support the new over-three (3)


  29. population during spring and summer months, including through the appropriate use of group-based


  30. therapies while maintaining services necessary to meet individualized developmental needs.

  31. (3) All meetings of the implementation advisory committee shall be open to the public and


  32. conducted in accordance with chapter 46 of title 42.


  33. (4) Not later than September 30, 2031, the secretary shall prepare and submit to the speaker


  34. of  the  house  of  representatives  and  the  president  of  the  senate  a  report  evaluating  the

  1. implementation of the extension plan provided for in subsection (a) of this section. The report shall


  2. include, but not be limited to: data regarding the number of families who elected to extend early


  3. intervention services and the number of families who declined to extend early intervention services;

  4. and an assessment of the impact of the extension provided for in subsection (a) of this section on


  5. children, families, early intervention providers, LEA, and the state.


  6. SECTION 2. Section 27-18-64 of the General Laws in Chapter 27-18 entitled "Accident


  7. and Sickness Insurance Policies" is hereby amended to read as follows:


  8. 27-18-64. Coverage for early intervention services.


  9. (a) Every individual or group hospital or medical expense insurance policy or contract

  10. providing coverage for dependent children, delivered or renewed in this state on or after July 1,


  11. 2004, shall include coverage of early intervention services which coverage shall take effect no later


  12. than January 1, 2005. Such coverage shall not be subject to deductibles and coinsurance factors.


  13. Any amount paid by an insurer under this section for a dependent child shall not be applied to any


  14. annual or lifetime maximum benefit contained in the policy or contract. For the purpose of this

  15. section, “early intervention services” means, but is not limited to, speech and language therapy,


  16. occupational therapy, physical therapy, evaluation, case management, nutrition, service plan


  17. development and review, nursing services, and assistive technology services and devices for:


  18. (1) dependents Dependents from birth to age three (3) who are certified by the executive


  19. office of health and human services ("EOHHS") as eligible for services under part Part C of the

  20. Individuals with Disabilities Education Act (20 U.S.C. § 1471 et seq.); or


  21. (2) Dependents who are older than age three (3) and are eligible for services pursuant to §


  22. 23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals


  23. with Disabilities Education Act (20 U.S.C. § 1431 et seq.).


  24. (b) Insurers shall reimburse certified, early intervention providers, who are designated as


  25. such by the executive office of health and human services (EOHHS), for early intervention services

  26. as defined in this section at rates of reimbursement equal to, or greater than, the prevailing


  27. integrated state Medicaid rate for early intervention services as established by the executive office


  28. of health and human services (EOHHS).


  29. (c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital


  30. confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare

  31. supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily


  32. injury or death by accident or both; and (9) Other limited benefit policies.


  33. SECTION 3. Section 27-19-55 of the General Laws in Chapter 27-19 entitled "Nonprofit


  34. Hospital Service Corporations" is hereby amended to read as follows:

    1. 27-19-55. Coverage for early intervention services.


    2. (a) Every individual or group hospital or medical expense insurance policy or contract


    3. providing coverage for dependent children, delivered or renewed in this state on or after July 1,

    4. 2004, shall include coverage of early intervention services which coverage shall take effect no later


    5. than January 1, 2005. The coverage shall be limited to a benefit of five thousand dollars ($5,000)


    6. per dependent child per policy or calendar year and shall not be subject to deductibles and


    7. coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall


    8. not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For


    9. the purpose of this section, “early intervention services” means, but is not limited to: speech and

    10. language therapy, occupational therapy, physical therapy, evaluation, case management, nutrition,


    11. service plan development and review, nursing services, and assistive technology services and


    12. devices for:


    13. (1) dependents Dependents from birth to age three (3) who are certified by the department


    14. of executive office of health and human services (“EOHHS”) as eligible for services under part

    15. Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.); or


    16. (2) Dependents who are older than age three (3) and are eligible for services pursuant to §


    17. 23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals


    18. with Disabilities Education Act (20 U.S.C. § 1431 et seq.).


    19. (b) Subject to the annual limits provided in this section, insurers shall reimburse certified

    20. early intervention providers, who are designated as such by the department of human services


    21. EOHHS, for early intervention services as defined in this section at rates of reimbursement equal


    22. to or greater than the prevailing integrated state/Medicaid rate for early intervention services as


    23. established by the department of human services EOHHS.


    24. (c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital


    25. confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare

    26. supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily


    27. injury or death by accident, or both; and (9) Other limited benefit policies.


    28. SECTION 4. Section 27-20-50 of the General Laws in Chapter 27-20 entitled "Nonprofit


    29. Medical Service Corporations" is hereby amended to read as follows:


    30. 27-20-50. Coverage for early intervention services.

    31. (a) Every individual or group hospital or medical expense insurance policy or contract


    32. providing coverage for dependent children, delivered or renewed in this state on or after July 1,


    33. 2004, shall include coverage of early intervention services which coverage shall take effect no later


    34. than January 1, 2005. The coverage shall be limited to a benefit of five thousand dollars ($5,000)

  1. per dependent child per policy or calendar year and shall not be subject to deductibles and


  2. coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall


  3. not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For

  4. the purpose of this section, “early intervention services” means, but is not limited to: speech and


  5. language therapy; occupational therapy; physical therapy; evaluation; case management; nutrition;


  6. service plan development and review; nursing services; and assistive technology services and


  7. devices for:


  8. (1) dependents Dependents from birth to age three (3) who are certified by the department


  9. of executive office of health and human services (“EOHHS”) as eligible for services under part

  10. Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.); or


  11. (2) Dependents who are older than age three (3) and are eligible for services pursuant to §


  12. 23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals


  13. with Disabilities Education Act (20 U.S.C. § 1431 et seq.).


  14. (b) Subject to the annual limits provided in this section, insurers shall reimburse certified

  15. early intervention providers, who are designated as such by the department of human services


  16. EOHHS, for early intervention services as defined in this section at rates of reimbursement equal


  17. to or greater than the prevailing integrated state/Medicaid rate for early intervention services as


  18. established by the department of human services EOHHS.


  19. (c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital

  20. confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare


  21. supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily


  22. injury or death by accident or both; and (9) Other limited benefit policies.


  23. SECTION 5. Section 27-41-68 of the General Laws in Chapter 27-41 entitled "Health


  24. Maintenance Organizations" is hereby amended to read as follows:


  25. 27-41-68. Coverage for early intervention services.

  26. (a) Every individual or group hospital or medical expense insurance policy or contract


  27. providing coverage for dependent children, delivered or renewed in this state on or after July 1,


  28. 2004, shall include coverage of early intervention services which coverage shall take effect no later


  29. than January 1, 2005. The coverage shall be limited to a benefit of five thousand dollars ($5,000)


  30. per dependent child per policy or calendar year and shall not be subject to deductibles and

  31. coinsurance factors. Any amount paid by an insurer under this section for a dependent child shall


  32. not be applied to any annual or lifetime maximum benefit contained in the policy or contract. For


  33. the purpose of this section, “early intervention services” means, but is not limited to: speech and


  34. language therapy, occupational therapy, physical therapy, evaluation, case management, nutrition,

  1. service plan development and review, nursing services, and assistive technology services and


  2. devices for:


  3. (1) dependents Dependents from birth to age three (3) who are certified by the department

  4. of executive office of health and human services (“EOHHS”) as eligible for services under part


  5. Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.); or


  6. (2) Dependents who are older than age three (3) and are eligible for services pursuant to §


  7. 23-13-22 and are certified by the EOHHS as eligible for services under Part C of the Individuals


  8. with Disabilities Education Act (20 U.S.C. § 1431 et seq.).


  9. (b) Subject to the annual limits provided in this section, insurers shall reimburse certified

  10. early intervention providers, who are designated as such by the department of human services


  11. EOHHS, for early intervention services as defined in this section at rates of reimbursement equal


  12. to or greater than the prevailing integrated state/Medicaid rate for early intervention services as


  13. established by the department of human services EOHHS.


  14. (c) This section shall not apply to insurance coverage providing benefits for: (1) Hospital

  15. confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5) Medicare


  16. supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or bodily


  17. injury or death by accident or both; and (9) Other limited benefit policies.


  18. SECTION 6. Sections 40-5.2-20 and 40-5.2-35 of the General Laws in Chapter 40-5.2


  19. entitled "The Rhode Island Works Program" are hereby amended to read as follows:

  20. 40-5.2-20. Childcare assistance — Families or assistance units eligible.


  21. (a) The department shall provide appropriate child care to every participant who is eligible


  22. for cash assistance and who requires child care in order to meet the work requirements in


  23. accordance with this chapter.


  24. (b) Low-income child care. The department shall provide child care to all other working


  25. families with incomes at or below two hundred sixty-one percent (261%) two hundred eighty-five

  26. percent (285%) of the federal poverty level if, and to the extent, these other families require child


  27. care in order to work at paid employment as defined in the department’s rules and regulations. The


  28. department shall also provide child care to families with incomes below two hundred sixty-one


  29. percent (261%) two hundred eighty-five percent (285%) of the federal poverty level if, and to the


  30. extent, these families require child care to participate on a short-term basis, as defined in the

  31. department’s rules and regulations, in training, apprenticeship, internship, on-the-job training, work


  32. experience, work immersion, or other job-readiness/job-attachment program sponsored or funded


  33. by the human resource investment council (governor’s workforce board) or state agencies that are


  34. part of the coordinated program system pursuant to § 42-102-11. Effective from January 1, 2021,

  1. through June 30, 2022, the department shall also provide childcare assistance to families with


  2. incomes below one hundred eighty percent (180%) of the federal poverty level when such


  3. assistance is necessary for a member of these families to enroll or maintain enrollment in a Rhode

  4. Island public institution of higher education provided that eligibility to receive funding is capped


  5. when expenditures reach $200,000 for this provision. Effective July 1, 2022 through December 31,


  6. 2024, the department shall also provide childcare assistance to families with incomes below two


  7. hundred percent (200%) of the federal poverty level when such assistance is necessary for a


  8. member of these families to enroll or maintain enrollment in a Rhode Island public institution of


  9. higher education. Effective from January 1, 2025 through December 31, 2026, the department shall

  10. also provide childcare assistance to families with incomes below two hundred sixty-one percent


  11. (261%) of the federal poverty level when such assistance is necessary for a member of these


  12. families to enroll or maintain enrollment in a Rhode Island public institution of higher education.


  13. Effective on January 1, 2027, the department shall also provide childcare assistance to families


  14. with incomes below two hundred eighty-five percent (285%) of the federal poverty level when such

  15. assistance is necessary for a member of these families to enroll or maintain enrollment in a Rhode


  16. Island public institution of higher education.


  17. (c) The department shall also provide childcare assistance to families who meet the


  18. requirements of the protective services category. For the purposes of this section, "protective


  19. services category" means foster or kinship children served through the department of children,

  20. youth and families.


  21. (c)(d) No family/assistance unit shall be eligible for childcare assistance under this chapter


  22. if the combined value of its liquid resources exceeds one million dollars ($1,000,000), which


  23. corresponds to the amount permitted by the federal government under the state plan and set forth


  24. in the administrative rulemaking process by the department. Liquid resources are defined as any


  25. interest(s) in property in the form of cash or other financial instruments or accounts that are readily

  26. convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit


  27. union, or other financial institution savings, checking, and money market accounts; certificates of


  28. deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments


  29. or accounts. These do not include educational savings accounts, plans, or programs; retirement


  30. accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse.

  31. The department is authorized to promulgate rules and regulations to determine the ownership and


  32. source of the funds in the joint account.


  33. (d)(e) As a condition of eligibility for childcare assistance under this chapter, the parent or


  34. caretaker relative of the family must consent to, and must cooperate with, the department in

  1. establishing paternity, and in establishing and/or enforcing child support and medical support


  2. orders for any children in the family receiving appropriate child care under this section in


  3. accordance with the applicable sections of title 15, as amended, unless the parent or caretaker

  4. relative is found to have good cause for refusing to comply with the requirements of this subsection.


  5. (e)(f) For purposes of this section, “appropriate child care” means child care, including


  6. infant, toddler, preschool, nursery school, and school-age, that is provided by a person or


  7. organization qualified, approved, and authorized to provide the care by the state agency or agencies


  8. designated to make the determinations in accordance with the provisions set forth herein.


  9. (f)(g)(1) Families with incomes below one hundred percent (100%) of the applicable

  10. federal poverty level guidelines shall be provided with free child care. Families with incomes


  11. greater than one hundred percent (100%) and less than two hundred percent (200%) of the


  12. applicable federal poverty guideline shall be required to pay for some portion of the child care they


  13. receive, according to a sliding-fee scale adopted by the department in the department’s rules, not


  14. to exceed seven percent (7%) of income as defined in subsection (h) of this section.

  15. (2) Families who are receiving childcare assistance and who become ineligible for


  16. childcare assistance as a result of their incomes exceeding two hundred sixty-one percent (261%)


  17. two hundred eighty-five percent (285%) of the applicable federal poverty guidelines shall continue


  18. to be eligible for childcare assistance until their incomes exceed three hundred percent (300%) of


  19. the applicable federal poverty guidelines. To be eligible, the families must continue to pay for some

  20. portion of the child care they receive, as indicated in a sliding-fee scale adopted in the department’s


  21. rules, not to exceed seven percent (7%) of income as defined in subsection (h) of this section, and


  22. in accordance with all other eligibility standards.


  23. (g)(h) In determining the type of child care to be provided to a family, the department shall


  24. take into account the cost of available childcare options; the suitability of the type of care available


  25. for the child; and the parent’s preference as to the type of child care.

  26. (h)(i) For purposes of this section, “income” for families receiving cash assistance under §


  27. 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in


  28. §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and


  29. unearned income as determined by departmental regulations.


  30. (i)(j) The caseload estimating conference established by chapter 17 of title 35 shall forecast

  31. the expenditures for child care in accordance with the provisions of § 35-17-1.


  32. (j)(k) In determining eligibility for childcare assistance for children of members of reserve


  33. components called to active duty during a time of conflict, the department shall freeze the family


  34. composition and the family income of the reserve component member as it was in the month prior

  1. to the month of leaving for active duty. This shall continue until the individual is officially


  2. discharged from active duty.


  3. (k)(l) Effective from August 1, 2023, through July 31, 20282030, the department shall

  4. provide funding for child care for eligible childcare educators, and childcare staff, who work at


  5. least twenty (20) hours a week in licensed childcare centers and licensed family childcare homes


  6. as defined in the department’s rules and regulations. Eligibility is limited to qualifying childcare


  7. educators and childcare staff with family incomes up to three hundred percent (300%) of the


  8. applicable federal poverty guidelines and will have no copayments. Qualifying participants may


  9. select the childcare center or family childcare home for their children. The department shall

  10. promulgate regulations necessary to implement this section, and will collect applicant and


  11. participant data to report estimated demand for state-funded child care for eligible childcare


  12. educators and childcare staff. The report shall be due annually to the governor and the general


  13. assembly by November 1.


  14. 40-5.2-35. Child support pass-through.

  15. For any month in which a noncustodial parent makes a child support payment in the month


  16. when due and the support is collected by the department of human services, for a child or children


  17. receiving cash assistance pursuant to this chapter, the first fifty dollars ($50.00) one hundred dollars


  18. ($100) of the child support payment, or the actual amount of the child support payment if the


  19. payment is less than fifty dollars ($50.00) one hundred dollars ($100), shall be paid to the family

  20. in which the child resides. If more than one noncustodial parent makes a child support payment to


  21. children living in the same family, there shall only be one payment of fifty ($50.00) paid to the


  22. family from the child support collected. If more than one child resides in a Rhode Island Works


  23. household, then any child support payment to children living in the same household receiving


  24. Rhode Island Works would increase the payment to two hundred dollars ($200), a maximum


  25. payment of two hundred dollars ($200) paid to the family from the child support collected per

  26. month. This payment is known as the “pass through” payment and shall be sent to the family within


  27. two (2) business days of the determination that the amount is due and owing and no later than


  28. within two (2) business days of the end of the month in which the support was collected.


  29. SECTION 7. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled "Child


  30. Care — State Subsidies" is hereby amended to read as follows:

  31. 40-6.2-1.1. Rates established.


  32. (a) Through June 30, 2015, subject to the payment limitations in subsection (c), the


  33. maximum reimbursement rates to be paid by the departments of human services and children, youth


  34. and families for licensed childcare centers and licensed family childcare providers shall be based

  1. on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the


  2. average of the 75th percentile of the 2002 and the 2004 weekly market rates:


3 Licensed Childcare Centers

75th Percentile of Weekly Market Rate

4 Infant

$182.00

5 Preschool

$150.00

6 School-Age

$135.00

7 Licensed Family Childcare Providers

75th Percentile of Weekly Market Rate

8 Infant

$150.00

9 Preschool

$150.00

10 School-Age

$135.00


  1. Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum


  2. reimbursement rates to be paid by the departments of human services and children, youth and


  3. families for licensed childcare centers and licensed family childcare providers shall be based on the


  4. above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average of

  5. the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased by


  6. ten dollars ($10.00) per week for infant/toddler care provided by licensed family childcare


  7. providers and license-exempt providers and then the rates for all providers for all age groups shall


  8. be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare


  9. centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty-

  10. four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one


  11. cents ($161.71) for preschool-age children.


  12. (b) Effective July l, 2018, subject to the payment limitations in subsection (c), the


  13. maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of


  14. human services and children, youth and families for licensed childcare centers shall be


  15. implemented in a tiered manner, reflective of the quality rating the provider has achieved within

  16. the state’s quality rating system outlined in § 42-12-23.1.


  17. (1) For infant/toddler child care, tier one shall be reimbursed two and one-half percent


  18. (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above


  19. the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY


  20. 2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly

  21. amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly


  22. amount.


  23. (2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half


  24. percent (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%)

  1. above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY


  2. 2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018


  3. weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018

  4. weekly amount.


5 (c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4.]


  1. (d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and


  2. training shall conduct an independent survey or certify an independent survey of the then-current


  3. weekly market rates for child care in Rhode Island and shall forward the weekly market rate survey


  4. to the department of human services. The next survey shall be conducted by June 30, 2016, and

  5. triennially thereafter. The departments of human services and labor and training will jointly


  6. determine the survey criteria including, but not limited to, rate categories and sub-categories.


  7. (e) In order to expand the accessibility and availability of quality child care, the department


  8. of human services is authorized to establish, by regulation, alternative or incentive rates of


  9. reimbursement for quality enhancements, innovative or specialized child care, and alternative

  10. methodologies of childcare delivery, including nontraditional delivery systems and collaborations.


  11. (f) Effective January 1, 2007, all childcare providers have the option to be paid every two


  12. (2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of


  13. reimbursement payments.


  14. (g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by

  15. the departments of human services and children, youth and families for licensed family childcare


  16. providers shall be implemented in a tiered manner, reflective of the quality rating the provider has


  17. achieved within the state’s quality rating system outlined in § 42-12-23.1. Tier one shall be


  18. reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three


  19. percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the


  20. prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the

  21. prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base


  22. rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier


  23. five shall be reimbursed twenty-three percent (23%) above the prevailing base rate.


  24. (h) Through December 31, 2021, the maximum reimbursement rates paid by the


  25. departments of human services, and children, youth and families to licensed childcare centers shall

  26. be consistent with the enhanced emergency rates provided as of June 1, 2021, as follows:


  27. Tier 1 Tier 2 Tier 3 Tier 4 Tier 5


    33 Infant/Toddler $257.54 $257.54 $257.54 $257.54 $273.00


    34 Preschool Age $195.67 $195.67 $195.67 $195.67 $260.00

    1 School Age $200.00 $200.00 $200.00 $200.00 $245.00


    1. The maximum reimbursement rates paid by the departments of human services, and


    2. children, youth and families to licensed family childcare providers shall be consistent with the

    3. enhanced emergency rates provided as of June 1, 2021, as follows:


5


Tier 1

Tier 2

Tier 3

Tier 4

Tier 5

6

Infant/Toddler

$224.43

$224.43

$224.43

$224.43

$224.43

7

Preschool Age

$171.45

$171.45

$171.45

$171.45

$171.45

8

School Age

$162.30

$162.30

$162.30

$162.30

$162.30


  1. (i) Effective January 1, 2022, the maximum reimbursement rates to be paid by the

  2. departments of human services and children, youth and families for licensed childcare centers


  3. shall be implemented in a tiered manner, reflective of the quality rating the provider has achieved


  4. within the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be


  5. reimbursed as follows:


  6. Licensed Childcare Centers


15


Tier One

Tier Two

Tier Three

Tier Four

Tier Five

16

Infant/Toddler

$236.36

$244.88

$257.15

$268.74

$284.39

17

Preschool

$207.51

$212.27

$218.45

$223.50

$231.39

18

School-Age

$180.38

$182.77

$185.17

$187.57

$189.97


  1. The maximum reimbursement rates for licensed family childcare providers paid by the

  2. departments of human services, and children, youth and families is determined through collective


  3. bargaining. The maximum reimbursement rates for infant/toddler and preschool age children paid


  4. to licensed family childcare providers by both departments is implemented in a tiered manner that


  5. reflects the quality rating the provider has achieved in accordance with § 42-12-23.1.


  6. (j) Effective July 1, 2022, the maximum reimbursement rates to be paid by the departments


  7. of human services and children, youth and families for licensed childcare centers shall be

  8. implemented in a tiered manner, reflective of the quality rating the provider has achieved within


  9. the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be


  10. reimbursed as follows:


  11. Licensed Childcare Centers


30


Tier One

Tier Two

Tier Three

Tier Four

Tier Five

31

Infant/Toddler

$265

$270

$282

$289

$300

32

Preschool

$225

$235

$243

$250

$260

33

School-Age

$200

$205

$220

$238

$250


34 (k) Effective July 1, 2024, the maximum reimbursement rates to be paid by the departments

  1. of human services and children, youth and families for licensed childcare centers shall be


  2. implemented in a tiered manner, reflective of the quality rating the provider has achieved within


  3. the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be

  4. reimbursed as follows:


  5. Licensed Childcare Centers


6


Tier One

Tier Two

Tier Three

Tier Four

Tier Five

7

Infant/Toddler

$278

$284

$296

$303

$315

8

Preschool

$236

$247

$255

$263

$273

9

School-Age

$210

$215

$231

$250

$263


  1. (l) Effective July 1, 2025, the maximum reimbursement rates to be paid by the departments


  2. of human services and children, youth and families for licensed childcare centers shall be


  3. implemented in a tiered manner, reflective of the quality rating the provider has achieved within


  4. the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be


  5. reimbursed as follows:

  6. Tier 1 Tier 2 Tier 3 Tier 4 Tier 5


16 Infant $334 $341 $355 $364 $378


17 Toddlers $278 $284 $296 $303 $315


18 Preschoolers $236 $247 $255 $263 $273


19 School Age $210 $215 $231 $250 $263

  1. (m)  Effective  July  1,  2026,  the  maximum  reimbursement  rates  to  be  paid  by  the


  2. departments of human services and children, youth and families for licensed childcare centers shall


  3. be implemented in a tiered manner, reflective of the quality rating the provider has achieved within


  4. the  state's  quality  rating system  outlined  in  §  42-12-23.1.  Maximum  weekly  rates  shall  be


  5. reimbursed as follows:


25


Tier 1

Tier 2

Tier 3

Tier 4

Tier 5

26

Infant

$351

$358

$373

$382

$397

27

Toddlers

$278

$284

$296

$303

$315

28

Preschoolers

$236

$247

$255

$263

$273

29

School Age

$210

$215

$231

$250

$263

30


SECTION


8. Section


40.1-1-13


of the General


Laws in


Chapter 40.1-1 entitled


  1. “Department of Behavioral Healthcare, Developmental Disabilities and Hospitals” is hereby


  2. amended to read as follows:


  3. 40.1-1-13. Powers and duties of the office.


  4. Notwithstanding any provision of the Rhode Island general laws to the contrary, the

    1. department of behavioral healthcare, developmental disabilities and hospitals shall have the


    2. following powers and duties:


    3. (1) To establish and promulgate the overall plans, policies, objectives, and priorities for

    4. state substance abuse education, prevention, and treatment; provided, however, that the director


    5. shall obtain and consider input from all interested state departments and agencies prior to the


    6. promulgation of any such plans or policies;


    7. (2) Evaluate and monitor all state grants and contracts to local substance abuse service


    8. providers;


    9. (3) Develop, provide for, and coordinate the implementation of a comprehensive state plan

    10. for substance abuse education, prevention, and treatment;


    11. (4) Ensure the collection, analysis, and dissemination of information for planning and


    12. evaluation of substance abuse services;


    13. (5) Provide support, guidance, and technical assistance to individuals, local governments,


    14. community service providers, public and private organizations in their substance abuse education,

    15. prevention, and treatment activities;


    16. (6) Confer with all interested department directors to coordinate the administration of state


    17. programs and policies that directly affect substance abuse treatment and prevention;


    18. (7) Seek and receive funds from the federal government and private sources in order to


    19. further the purposes of this chapter;

    20. (8) To act in conjunction with the executive office of health and human services as the


    21. state’s co-designated agency (42 U.S.C. § 300x-30(a)) for administering federal aid and for the


    22. purposes of the calculation of the expenditures relative to the substance abuse block grant and


    23. federal funding maintenance of effort. The department of behavioral healthcare, developmental


    24. disabilities and hospitals, as the state’s substance abuse authority, will have the sole responsibility


    25. for the planning, policy and implementation efforts as it relates to the requirements set forth in

    26. pertinent substance abuse laws and regulations including 42 U.S.C. § 300x-21 et seq.;


    27. (9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving


    28. insurance and managed care systems for substance abuse services in Rhode Island;


    29. (10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual


    30. relationships and memoranda of agreement as necessary for the purposes of this chapter;

    31. (11) To license facilities and programs for the care and treatment of substance abusers and


    32. for the prevention of substance abuse, and provide the list of licensed chemical dependency


    33. professionals (LCDP) and licensed chemical dependency clinical supervisors (LCDCS) (licensed


    34. by the department of health pursuant to chapter 69 of title 5) for use by state agencies including,

  1. but not limited to, the adjudication office of the department of transportation, the district court and


  2. superior court and the division of probation and parole for referral of individuals requiring


  3. substance use disorder treatment;

  4. (12) To promulgate rules and regulations necessary to carry out the requirements of this


  5. chapter;


  6. (13) Perform other acts and exercise any other powers necessary or convenient to carry out


  7. the intent and purposes of this chapter;


  8. (14) To exercise the authority and responsibilities relating to education, prevention, and


  9. treatment of substance abuse, as contained in, but not limited to, the following chapters: chapters

  10. 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];


  11. chapter 109 of title 42; chapter 69 of title 5; and § 35-4-18;


  12. (15) To establish a Medicare Part D restricted-receipt account in the hospitals and


  13. community rehabilitation services program and the Rhode Island state psychiatric hospital program


  14. to receive and expend Medicare Part D reimbursements from pharmacy benefit providers consistent

  15. with the purposes of this chapter;


  16. (16) To establish a RICLAS group home operations restricted-receipt account in the


  17. services for the developmentally disabled program to receive and expend rental income from


  18. RICLAS group clients for group home-related expenditures, including food, utilities, community


  19. activities, and the maintenance of group homes;

  20. (17) To establish a non-Medicaid, third-party payor restricted-receipt account in the


  21. hospitals and community rehabilitation services program to receive and expend reimbursement


  22. from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid


  23. eligible; and


  24. (18) To certify any and all recovery housing facilities directly, or through a contracted


  25. entity, as defined by department guidelines, which includes adherence to using National Alliance

  26. for Recovery Residences (NARR) standards. In accordance with a schedule to be determined by


  27. the department, all referrals from state agencies or state-funded facilities shall be to certified


  28. houses, and only certified recovery housing facilities shall be eligible to receive state funding to


  29. deliver recovery housing services. As of January 1, 2027, all recovery housing facilities shall be


  30. registered with the department and shall adhere to the NARR certification process.

  31. (19) To establish, operate, and/or designate a RI 9-8-8 Suicide & Crisis Lifeline center or


  32. centers to provide telephone, text and chat crisis intervention services and crisis care coordination


  33. to individuals accessing the RI 9-8-8 Suicide & Crisis Lifeline.


  34. SECTION 9. Title 40.1 of the General Laws entitled “Behavioral Healthcare, Development

    1. Disabilities and Hospitals” is hereby amended by adding thereto the following chapter:


    2. CHAPTER 8.6


    3. RHODE ISLAND 9-8-8 SUICIDE & CRISIS LIFELINE

4 40.1-8.6-1. Definitions.


  1. As used in this chapter:


  2. (1) "9-8-8 Suicide & Crisis Lifeline" or "lifeline" means the national network system


  3. operated by the National Suicide Prevention Lifeline ("NSPL") or its successor entity, within which


  4. the department-approved or  department-operated RI 9-8-8 Suicide &  Crisis Lifeline Center


  5. participates.

  6. (2)  "Department"  means  the  department  of  behavioral  healthcare,  developmental


  7. disabilities and hospitals.


  8. (3)  "Director"  means  the  director  of  the  department  of  behavioral  healthcare,


  9. developmental disabilities and hospitals.


  10. (4) "National Suicide Prevention Lifeline" ("NSPL") means the national network of local

  11. crisis centers providing free and confidential emotional support to people in suicidal crisis or


  12. emotional distress twenty-four (24) hours a day, seven (7) days a week. Membership as an NSPL


  13. center requires nationally recognized certification which includes evidence-based training for all


  14. staff and volunteers in the management of NSPL calls.


  15. (5) "Rhode Island (RI) 9-8-8 state administrator" means the administrator designated by

  16. the director of the department to manage the locally operated and funded center within the national


  17. network of the 9-8-8 Suicide & Crisis Lifeline within Rhode Island.


  18. (6) "Rhode Island (RI) 9-8-8 Suicide & Crisis Lifeline Center" or "lifeline center" means a


  19. department-approved or department-operated center that participates in the National Suicide


  20. Prevention Lifeline Network and responds to statewide or regional 9-8-8 contacts that is operated


  21. by or under contract with the department.

  22. 40.1-8.6-2. 9-8-8 Suicide and Crisis Lifeline.


  23. (a) The director is hereby authorized to establish, operate, promulgate regulations with


  24. regard to, and/or designate a RI 9-8-8 Suicide & Crisis Lifeline center or centers to provide


  25. telephone, text and chat crisis intervention services and crisis care coordination to individuals


  26. accessing the RI 9-8-8 Suicide & Crisis Lifeline twenty-four (24) hours a day, seven (7) days a

  27. week.


  28. (b) The director shall have the authority to provide general oversight of the RI 9-8-8 Suicide


  29. & Crisis Lifeline Center(s) established by this chapter.


  30. (c) The RI 9-8-8 Suicide & Crisis Lifeline center(s) shall have an active agreement with

    1. the administrator of the National Suicide Prevention Lifeline ("NSPL") maintained by SAMHSA,


    2. or any successor entity, for participation within the network.


    3. (d) The designated RI 9-8-8 Suicide & Crisis Lifeline center(s) shall meet SAMHSA and

    4. NSPL or any successor entity’s requirements and best practices guidelines for operational and


    5. clinical standards for adults and children.


    6. (e) The designated RI 9-8-8 Suicide & Crisis Lifeline center(s) shall provide and report


    7. data and participate in evaluations and related quality improvement activities as required by the 9-


    8. 8-8 state administrator. The department shall provide the department of children, youth, and


    9. families with data regarding utilization of RI 9-8-8 services by children, youth and their families,

    10. consistent with NSPL requirements and state and federal confidentiality and privacy laws and


    11. regulations.


    12. (f) The designated RI 9-8-8 Suicide & Crisis Lifeline center(s) shall make referrals,


    13. consistent with guidance and policies established by the NSPL or any successor entity, to follow-


    14. up services for individuals who access the RI 9-8-8 Suicide & Crisis Lifeline.

    15. (g) The director shall consult with the director of the department of children, youth, and


    16. families prior to promulgating rules and regulations specific to RI 9-8-8 services for children,


    17. youth, and their families and may require appropriate training regarding children services into a


    18. contract with the 9-8-8 service center provider.


    19. (h) Nothing in §§ 40.1-8.6-2, 40.1-8.6-3, or 40.1-8.6-4 shall be construed to restrict the

    20. authority of the department of children, youth and family (DCYF) pursuant to chapters 72 and 72.1


    21. of title 42.


    22. 40.1-8.6-3. Funding of the 988 Suicide & Crisis Lifeline.


    23. (a) The director shall have the authority to expend any and all funds allocated to support


    24. the operations of the RI 9-8-8 Suicide & Crisis Lifeline.


    25. 40.1-8.6-4. Implementation.

    26. (a) The director shall designate the RI 9-8-8 state administrator. The RI 9-8-8 state


    27. administrator shall be an employee of the department and shall serve at the pleasure of the director,


    28. or shall be a contractor who has a contract with the department and shall serve for the period


    29. designated in the contract and in accordance with the terms of such contract.


    30. (b) All state agencies and/or departments shall provide to the department any and all data

    31. and other information necessary for the department to comply with federal and/or state reporting


    32. requirements with respect to the establishment and/or operation of the RI 9-8-8 Suicide & Crisis


    33. Lifeline.


    34. SECTION 10. Chapter 42-72 of the General Laws entitled "Department of Children, Youth

      1. and Families" is hereby amended by adding thereto the following section:


      2. 42-72-37. Application for social security benefits, supplemental security income, and


      3. veterans benefits.

      4. (a) Definitions. For the purposes of this section:


      5. (1) "Benefits" means social security benefits, supplemental security income, veterans


      6. benefits, and railroad retirement benefits; and


      7. (2) "Youth's attorney" and "guardian ad litem" means the person appointed as the youth's


      8. attorney or guardian ad litem in the proceeding in which the department is appointed as the youth's


      9. guardian or custodian.

      10. (b) Application for benefits.


      11. (1) Upon receiving temporary custody or guardianship of a youth in care, the department


      12. shall assess the youth to determine whether the youth may be eligible for benefits. If, after the


      13. assessment, the department determines that the youth may be eligible for benefits, the department


      14. shall ensure that an application is filed on behalf of the youth. If the department determines the

      15. youth is eligible for an ABLE account as authorized by Section 529A of the Internal Revenue Code


      16. of 1986, the department shall conserve the youth’s benefits including SSDI, inheritance, pensions,


      17. life insurance, or other benefits in that account in a manner that appropriately avoids any federal


      18. asset or resource limits, absent a compelling reason to conserve benefits in another manner. The


      19. department shall prescribe by rules and regulations how it will review cases of youth in care at

      20. regular intervals to determine whether the youth may have become eligible for benefits after the


      21. initial assessment. The department shall make reasonable efforts to encourage youth in care over


      22. the age of eighteen (18) who are likely eligible for benefits to cooperate with the application process


      23. and to assist youth with the application process.


      24. (2) When applying for benefits under this section for a youth in care the department shall


      25. identify a representative payee in accordance with the requirements of 20 CFR 404.2021 and

      26. 416.621. If the department is seeking to be appointed as the youth's representative payee, the


      27. department shall consider input, if provided, from the youth's attorney and guardian ad litem


      28. regarding whether another representative payee, consistent with the requirements of 20 CFR


      29. 404.2021 and 416.621, is available. If the department serves as the representative payee for a youth


      30. over the age of eighteen (18), the department shall request a court order.

      31. (c) Notifications. The department shall immediately notify a youth over the age of sixteen


      32. (16), the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another


      33. responsible adult of:


      34. (1) Any application for or any application to become representative payee for benefits on

        1. behalf of a youth in care;


        2. (2) Any communications from the Social Security Administration, the U.S. Department of


        3. Veterans Affairs, or the Railroad Retirement Board pertaining to the acceptance or denial of

        4. benefits or the selection of a representative payee; and


        5. (3) Any appeal or other action requested by the department regarding an application for


        6. benefits.


        7. (d) Use of benefits. Consistent with federal law, when the department serves as the


        8. representative payee for a youth receiving benefits and receives benefits on the youth's behalf, the


        9. department shall:

        10. (1) Beginning January 1, 2027, except as provided in a request for the disbursement of


        11. funds, ensure that youth of any age in the care and custody of the department and until the


        12. department no longer serves as the representative payee, the entirety of the youth's supplemental


        13. security income benefits are conserved.


        14. (2) Exercise discretion and seek advisement from the Office of the General Treasurer in

        15. accordance with federal law and in the best interests of the youth when making decisions to use or


        16. conserve the youth's benefits that are less than or not subject to asset or resource limits under federal


        17. law, including using the benefits to address the youth's special needs and conserving the benefits


        18. for the youth's reasonably foreseeable future needs.


        19. (3) Appropriately monitor any federal asset or resource limits for the benefits and ensure

        20. that the youth's best interest is served by using or conserving the benefits, including SSDI,


        21. inheritance, pensions, life insurance, or other benefits in a way that avoids violating any federal


        22. asset or resource limits that would affect the youth's eligibility to receive the benefits.


        23. (e)(1) Annual accounting. The department shall provide an annual accounting to the youth's


        24. attorney and guardian ad litem of how the youth's benefits have been used and conserved. In


        25. addition, within ten (10) business days of a request from a youth or the youth's attorney and

        26. guardian ad litem, the department shall provide an accounting to the youth of how the youth's


        27. benefits have been used and conserved.


        28. (2) Final accounting. When the department's guardianship of the youth is being terminated,


        29. the department shall provide:


        30. (i) A final accounting to the Social Security Administration, to the youth's attorney and

        31. guardian ad litem, and to either the person or persons who will assume guardianship of the youth


        32. or who is in the process of adopting the youth, if the youth is under eighteen (18), or to the youth,


        33. if the youth is over eighteen (18); and


        34. (ii) Information to the parent, guardian, or youth regarding how to apply to become the

          1. representative  payee.  The  department  shall  adopt  rules  and  regulations  to  ensure  that  the


          2. representative payee transitions occur in a timely and appropriate manner.


          3. (f) Financial literacy. The department shall provide the youth with financial literacy

          4. training and support, including specific information regarding the existence, availability, and use


          5. of funds conserved for the youth in accordance with this subsection, beginning by age fourteen


          6. (14). The literacy program and support services shall be developed in consultation with input from


          7. the department's statewide speak advisory board and the office of the general treasurer.


          8. (g) Adoption of rules and regulations. The department shall adopt rules and regulations to


          9. implement the provisions of this section by October 1, 2026.

          10. (h) Reporting. No later than January 1, 2029, the department shall file a report with the


          11. general assembly providing the following information for state fiscal years 2027 and 2028 and


          12. annually beginning January 1, 2030, for the preceding fiscal year:


          13. (1) The number of youth entering care.


          14. (2) The number of youth entering care receiving each of the following types of benefits:

          15. social security benefits, supplemental security income, veterans benefits, and/or railroad retirement


          16. benefits.


          17. (3) The number of youth entering care for whom the department filed an application for


          18. each of the following types of benefits: social security benefits, supplemental security income,


          19. veterans benefits, and/or railroad retirement benefits.

          20. (4) The number of youth entering care who were awarded each of the following types of


          21. benefits based on an application filed by the department: social security benefits, supplemental


          22. security income, veterans benefits, and/or railroad retirement benefits.


          23. (i) Annually beginning January 1, 2029, the department shall file a report with the general


          24. assembly with the following information regarding the preceding fiscal year:


          25. (1) The number of conserved accounts established and maintained for youth in care;

          26. (2) The average amount conserved by age group; and


          27. (3) The total amount conserved by age group.


          28. SECTION 11. Sections 42-160-3 and 42-160-5 of the General Laws in Chapter 42-160


          29. entitled "Rhode Island Pay for Success Act" are hereby amended to read as follows:


          30. 42-160-3. Annual reporting.

          31. The executive office, in collaboration with the Rhode Island Coalition to End


          32. Homelessness or other qualified organization as determined by the executive office, shall provide


          33. yearly progress reports to the general assembly beginning no later than January 30, 2022, and


          34. annually thereafter until January 30, 2027 2028. These reports will include recommendations on a

  1. proposed structure for entering into pay for success contracts, for administering the program, and


  2. for any and all matters related thereto that the executive office deems necessary to administer future


  3. pay for success projects at the conclusion of the pilot program in 2026 2027. As a condition of this

  4. project, HUD requires that a third party conduct a transparent and rigorous evaluation of the


  5. intervention to determine whether the outcomes have indeed achieved success. The evaluation


  6. results will be reported yearly to the governor and general assembly.


  7. 42-160-5. Pilot program established.


  8. There is established a five-year (5) six-year (6) pay-for-success pilot program to be


  9. administered by the Rhode Island executive office of health and human services. The pilot will

  10. follow the proposal outlined in the 2016 pay-for-success grant proposal to HUD and 2017


  11. feasibility study. The pay-for-success project will provide a person-centered housing and


  12. supportive services intervention (PSH) for one hundred twenty-five (125) persons in Rhode Island


  13. experiencing homelessness who are high utilizers of the healthcare and justice systems. The pilot


  14. program will leverage eight hundred seventy-five thousand dollars ($875,000) of HUD/DOJ grant

  15. funds. Contract agreements with the executive office of health and human services pursuant to this


  16. chapter shall not exceed one million five hundred thousand dollars ($1,500,000) per fiscal year or


  17. six million dollars ($6,000,000) in the aggregate over the five (5) six (6) years of the pilot program,


  18. as determined by the department; provided, no agreements shall be entered by the department after


19 July 1, 2026 2027, without further authorization by the general assembly.

  1. SECTION 12. Section 6 of this article shall take effect January 1, 2027, except for the


  2. provisions of §§ 42-5.2-20(c) and 45-5.2-20(l) which shall take effect July 1, 2026. The remainder


  3. of this article shall take effect July 1, 2026.

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    art.011/7/011/6/011/5/011/4/011/3/011/2

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    1. ARTICLE 11


    2. RELATING TO ENERGY


    3. SECTION 1. Sections 37-24-3 and 37-24-5 of the General Laws in Chapter 37-24 entitled


    4. "The Green Buildings Act" are hereby amended to read as follows:


    5. 37-24-3. Definitions.


    6. For purposes of this chapter, the following definitions shall apply:


    7. (1) “Construction” means the process of building, altering, repairing, improving, or

    8. demolishing forty percent (40%) or more of any public structures, public buildings, public real


    9. property or other public improvements of any kind to any public structures, public buildings or


    10. public real property.


    11. (2) “Department” means the department of administration the office of the state building


    12. code commissioner.

    13. (3) “Equivalent standard” means a high-performance green building standard, other than


    14. LEED, LEED for Neighborhood Development, and SITES, that provides an independent, third-


    15. party verification and certification of a rating system or measurement tool, that, when used, leads


    16. to outcomes equivalent to, LEED, LEED for Neighborhood Development, and SITES outcomes,


    17. in terms of green building, green infrastructure, and green site performance; current accepted


    18. equivalent standards include green globes, Northeast collaborative high-performance schools

    19. protocol; or other equivalent high-performance green building, green infrastructure, and green site


    20. standards accepted by the department.


    21. (4) “LEED” also, “LEED for Neighborhood Development, and SITES certified standard”


    22. means the current version of the U.S. Green Building Council Leadership in Energy and


    23. Environmental Design (LEED) green building rating standard referred to as LEED, LEED for

    24. Neighborhood Development, and SITES certified. SITES means the U.S. Green Building Council’s


    25. SITES — The Sustainable SITES Initiative.


    26. (5) “Public agency” means every state or municipal office, board, commission, committee,


    27. bureau, department, or public institution of education, or any political subdivision thereof.


    28. (6) “Public facility” means any public institution, public facility, public equipment, or any

    29. physical asset owned, including its public real-property site, leased or controlled in whole or in part


    30. by this state, a public agency, a municipality or a political subdivision, that is for public or

  1. government use.


  2. (7) “Public major facility project” means:


  3. (i) A public facility building construction project larger than ten thousand (10,000) gross

  4. square feet of occupied or conditioned space, and its public real-property site; or


  5. (ii) A public facility building renovation project larger than ten thousand (10,000) gross


  6. square feet of occupied or conditioned space, and its public real-property site.


  7. 37-24-5. Administration and reports — Green buildings advisory committee.


  8. (a) The department shall promulgate such regulations as are necessary to enforce this


  9. section by January 1, 2023. Effective  July  1,  2026,  the  office  of  the  state  building  code

  10. commissioner will assume responsibility for promulgating the rules and regulations regarding the


  11. green buildings advisory committee. The rules and regulations promulgated under title 220, chapter


  12. 70, subchapter 00, part 1 of the Rhode Island code of regulations will remain in full force and effect


  13. and shall be enforced by the department of administration until such a time as the rules and


  14. regulations are properly transferred to and promulgated by the office of the state building code

  15. commissioner title within the Rhode Island code of regulations.


  16. Those regulations shall include how the department will determine whether a project


  17. qualifies for an exception from the LEED, LEED for Neighborhood Development, and SITES


  18. certified or equivalent high-performance green building standard, and the green building standards


  19. that may be imposed on projects that are granted exceptions.

  20. (b) The department shall monitor and document ongoing operating savings that result from


  21. major facility projects designed, constructed, and certified as meeting the LEED, LEED for


  22. Neighborhood Development, and SITES certified standard annually publish a public report of


  23. findings and recommended changes in policy. The report shall also include a description of projects


  24. that were granted exceptions from the LEED, LEED for Neighborhood Development, and SITES


  25. certified standard, the reasons for exception, and the lesser green building standards imposed.

26 (c) — (f) [Deleted by P.L. 2022, ch. 204, § 1 and P.L. 2022, ch. 205, § 1.]


  1. (g) A green buildings advisory committee shall be created composed of nineteen (19)


  2. members. The advisory committee shall have eleven (11) public members and eight (8) public


  3. agency members. Five (5) of the public members shall be appointed by the governor; three (3) of


  4. the public members shall be appointed by the president of the senate; and, three (3) of the public

  5. members shall be appointed by the speaker of the house of representatives.


  6. (1) The eleven (11) public members of the advisory committee shall be composed of nine


  7. (9) representatives one from each of the following fields: architecture, engineering, landscape


  8. architecture, energy, labor through the Rhode Island AFL-CIO, general construction contracting,

  1. building product and building materials industries who are involved in, and have recognized


  2. knowledge and accomplishment in their respective professions, of high-performance green


  3. building standards, relating to the standards set forth in § 37-24-4; in addition to two (2) public

  4. members, one representing an urban municipality from Providence, Cranston, Warwick,


  5. Pawtucket, Woonsocket, or Newport, and one public member representing the other thirty-two (32)


  6. municipalities in the state in order to ensure geographic diversity.


  7. (2) The advisory committee shall have eight (8) public agency members representing


  8. personnel from affected public agencies, and cities and towns, that oversee public works projects


  9. and workforce development, who shall be appointed by the directors or chief executive officers of

  10. the respective public agencies which shall include the department of administration; the department


  11. of environmental management; the department of education; the department of transportation; the


  12. department of labor and training; the office of the state building code commissioner; the Rhode


  13. Island infrastructure bank, and the Rhode Island League of Cities and Towns.


  14. (3) The chairperson of the green buildings advisory committee shall be a public member

  15. chosen by the green buildings advisory committee.


  16. (4) Of the initial eleven (11) public members, six (6) shall serve three-year (3) terms and


  17. five (5) shall have two-year (2) terms. Each appointing authority shall appoint two (2) public


  18. members to three-year (3) terms with the remainder of the public member appointments serving


  19. two-year terms. Thereafter, all public members shall be appointed to three-year (3) terms.

  20. (h) The green buildings advisory committee shall:


  21. (1) Make recommendations regarding an ongoing evaluation process of the green buildings


  22. act to help the department and the executive climate change coordinating council implement this


  23. chapter;


  24. (2) Identify the needs, actions, and funding required to implement the requirements set


  25. forth in this chapter, in achieving high-performance green building projects for our public

  26. buildings, public structures, and our public real properties;


  27. (3) Establish clear, measurable targets for implementing the standards, defined in this


  28. chapter, for all public major facility projects including timeline, workforce needs, anticipated costs


  29. and other measures identified by the green buildings advisory committee and required by chapter


  30. 6.2 of title 42 (“2021 act on climate”); and

  31. (4) Identify ways to monitor and document ongoing operating savings and greenhouse gas


  32. emission reductions that result from public major facility projects designed, constructed and


  33. certified as meeting the LEED, LEED for Neighborhood Development, SITES certified standard,


  34. Green Globes, Northeast Collaborative for High-Performance Schools Protocol, Version 1.1 or

  1. above and annually publish a report to the general assembly and the executive climate change


  2. coordinating council of findings and recommended changes in policy.


  3. (i) All requests for proposals, requests for information, requests for bids, requests for

  4. design/build, requests for construction managers, and any requests relating to obtaining the


  5. professional services, pricing, and construction for major facility projects by a public agency for a


  6. public facility, shall include the notice of the statutory requirements of this chapter (“the green


  7. buildings act”).


  8. (j) The green buildings advisory committee shall have no responsibility for, and shall not


  9. develop requests for proposals, requests for information, requests for bids, requests for

  10. design/build, requests for construction managers, and any requests relating to obtaining the


  11. professional services, pricing, and construction for major facility projects by a public agency for a


  12. public facility; and the green buildings advisory committee shall have no responsibility for, and


  13. shall not select any vendors for any requests for proposals, requests for information, requests for


  14. bids, requests for design/build, requests for construction managers, and any requests relating to

  15. obtaining the professional services, pricing, and construction for major facility projects by a public


  16. agency for a public facility. Nothing shall prohibit public members of the green buildings advisory


  17. committee from responding to, and being involved with, any submittals of requests for proposals,


  18. requests for information, requests for bids, requests for design/build, requests for construction


  19. managers, and any requests relating to obtaining the professional services, pricing, and construction

  20. for major facility projects by a public agency for a public facility.


  21. (k) The department of administration shall commission a report to analyze the costs and/or


  22. benefits of LEED certification compared to equivalent standards. This includes, but is not limited


  23. to, the impact of obtaining formal LEED certification on project budget and timeline.


  24. SECTION 2. Section 39-2.2-2 of the General Laws in Chapter 39-2.2 entitled "Rhode


  25. Island Utility Fair Share Roadway Repair Act" is hereby amended to read as follows:

  26. 39-2.2-2. Road repair by public utility or utility facility.


  27. (a) Any public utility as defined by § 39-1-2 or any utility facility as defined by chapter 8.1


  28. of title 24 that shall alter, excavate, disrupt, or disturb a roadway shall be responsible for complete


  29. repaving and repair of the roadway from curbline to curbline complete repaving and repair or


  30. restoration of the full width of the affected travel lane for the entire length of the excavation or as

  31. required in accordance with the state or municipal utility permit requirements.


  32. (b) Any public utility as defined by § 39-1-2 or any utility facility as defined by chapter


  33. 8.1 of title 24 shall recover all costs required of this chapter in accordance with generally accepted


  34. accounting principles.

    1. SECTION 3. Chapter 39-2 of the General Laws entitled "Duties of Utilities and Carriers"


    2. is hereby amended by adding thereto the following section:


    3. 39-2-29.  In-state  transmission  owner  required  to  participate  in  the  regional

    4. independent system operator.


    5. On and after the effective date of this section, no electric distribution company, as defined


    6. in § 39-1-2, shall own, operate, or control a transmission facility, as defined in § 39-1-2, located in


    7. the state unless such company joins or is a member of ISO New England, Inc. or its successor


    8. organization as approved by the federal energy regulatory commission.


    9. SECTION 4. Section 39-26.1-4 of the General Laws in Chapter 39-26.1 entitled "Long-

    10. Term Contracting Standard for Renewable Energy" is hereby repealed.


    11. 39-26.1-4. Financial remuneration and incentives.


    12. In order to achieve the purposes of this chapter, electric distribution companies shall be


    13. entitled to financial remuneration and incentives for long-term contracts for newly developed


    14. renewable energy resources, which are over and above the base rate revenue requirement

    15. established in its cost of service for distribution ratemaking. Such remuneration and incentives shall


    16. compensate the electric distribution company for accepting the financial obligation of the long-


    17. term contracts. The financial remuneration and incentives described in this section shall apply only


    18. to long-term contracts for newly developed renewable energy resources. For long-term contracts


    19. approved pursuant to this chapter before January 1, 2022, the financial remuneration and incentives

    20. shall be in the form of annual compensation, equal to two and three quarters percent (2.75%) of the


    21. actual annual payments made under the contracts for those projects that are commercially


    22. operating, unless determined otherwise by the commission at the time of approval. For long-term


    23. contracts approved pursuant to this chapter on or after January 1, 2022, including contracts above


    24. the minimum long-term contract capacity, the financial remuneration and incentives shall be in the


    25. form of annual compensation up to one percent (1.0%) of the actual annual payments made under

    26. the contracts through December 31, 2026, for those projects that are commercially operating. For


    27. all long-term contracts approved pursuant to this chapter on or after January 1, 2027, financial


    28. remuneration and incentives shall not be applied, unless otherwise granted by the commission. For


    29. any calendar year in which the electric distribution company’s actual return on equity exceeds the


    30. return on equity allowed by the commission in the electric distribution company’s last general rate

    31. case, the commission shall have the authority to adjust any or all remuneration paid to the electric


    32. distribution company pursuant to this section in order to assure that such remuneration does not


    33. result in or contribute toward the electric distribution company earning above its allowed return for


    34. such calendar year.

      1. SECTION 5. Sections 39-26.4-2 and 39-26.4-3 of the General Laws in Chapter 39-26.4


      2. entitled "Net Metering" are hereby amended to read as follows:


      3. 39-26.4-2. Definitions.

      4. Terms not defined in this section herein shall have the same meaning as contained in


      5. chapter 26 of this title. When used in this chapter:


      6. (1) “Community remote net-metering system” means a facility generating electricity using


      7. an eligible net-metering resource that allocates net-metering credits to a minimum of one account


      8. for a system associated with low- or moderate-income housing eligible credit recipients, or three


      9. (3) eligible credit-recipient customer accounts, provided that no more than fifty percent (50%) of

      10. the credits produced by the system are allocated to one eligible credit recipient, and provided further


      11. at least fifty percent (50%) of the credits produced by the system are allocated to the remaining


      12. eligible credit recipients in an amount not to exceed that which is produced annually by twenty-


      13. five kilowatt (25 KW) AC capacity. The community remote net-metering system may transfer


      14. credits to eligible credit recipients in an amount that is equal to or less than the sum of the usage of

      15. the eligible credit recipient accounts measured by the three-year (3) average annual consumption


      16. of energy over the previous three (3) years. A projected annual consumption of energy may be used


      17. until the actual three-year (3) average annual consumption of energy over the previous three (3)


      18. years at the eligible credit recipient accounts becomes available for use in determining eligibility


      19. of the generating system. The community remote net-metering system may be owned by the same

      20. entity that is the customer of record on the net-metered account or may be owned by a third party.


      21. (2) “Core forest” refers to unfragmented forest blocks of single or multiple parcels totaling


      22. two hundred fifty (250) acres or greater unbroken by development and at least twenty-five (25)


      23. yards from mapped roads, with eligibility questions to be resolved by the director of the department


      24. of environmental management. Such determination shall constitute a contested case as defined in


      25. § 42-35-1.

      26. (3) “Electric distribution company” shall have the same meaning as § 39-1-2, but shall not


      27. include Block Island Power Company or Pascoag Utility District, each of whom shall be required


      28. to offer net metering to customers through a tariff approved by the public utilities commission after


      29. a public hearing. Any tariff or policy on file with the public utilities commission on the date of


      30. passage of this chapter shall remain in effect until the commission approves a new tariff.

      31. (4) “Eligible credit recipient” means one of the following eligible recipients in the electric


      32. distribution company’s service territory whose electric service account or accounts may receive


      33. net-metering credits from a community remote net-metering system. Eligible credit recipients


      34. include the following definitions:

        1. (i) Residential accounts in good standing.


        2. (ii) “Low- or moderate-income housing eligible credit recipient” means an electric service


        3. account or accounts in good standing associated with any housing development or developments

        4. owned or operated by a public agency, nonprofit organization, limited-equity housing cooperative,


        5. or private developer that receives assistance under any federal, state, or municipal government


        6. program to assist the construction or rehabilitation of housing affordable to low- or moderate-


        7. income households, as defined in the applicable federal or state statute, or local ordinance,


        8. encumbered by a deed restriction or other covenant recorded in the land records of the municipality


        9. in which the housing is located, that:

        10. (A) Restricts occupancy of no less than fifty percent (50%) of the housing to households


        11. with a gross, annual income that does not exceed eighty percent (80%) of the area median income


        12. as defined annually by the United States Department of Housing and Urban Development (HUD);


        13. (B) Restricts the monthly rent, including a utility allowance, that may be charged to


        14. residents, to an amount that does not exceed thirty percent (30%) of the gross, monthly income of

        15. a household earning eighty percent (80%) of the area median income as defined annually by HUD;


        16. (C) Has an original term of not less than thirty (30) years from initial occupancy.


        17. Electric service account or accounts in good standing associated with housing


        18. developments that are under common ownership or control may be considered a single low- or


        19. moderate-income housing eligible credit recipient for purposes of this section. The value of the

        20. credits shall be used to provide benefits to tenants.


        21. (iii) “Educational institutions” means public and private schools at the primary, secondary,


        22. and postsecondary levels.


        23. (iv) “Commercial or industrial customers” means any nonresidential customer of the


        24. electric distribution company.


        25. (5) “Eligible net-metering resource” means eligible renewable energy resource, as defined

        26. in § 39-26-5 including biogas created as a result of anaerobic digestion, but, specifically excluding


        27. all other listed eligible biomass fuels.


        28. (6) “Eligible net-metering system” means a facility generating electricity using an eligible


        29. net-metering resource that, for any system with a nameplate capacity in excess of twenty-five


        30. kilowatts (25 KW), is reasonably designed and sized to annually produce electricity in an amount

        31. that is equal to, or less than, the renewable self-generator’s usage at the eligible net-metering system


        32. site measured by the three-year (3) average annual consumption of energy over the previous three


        33. (3) years at the electric distribution account(s) located at the eligible net-metering system site. A


        34. projected annual consumption of energy may be used until the actual three-year (3) average annual

  1. consumption of energy over the previous three (3) years at the electric distribution account(s)


  2. located at the eligible net-metering system site becomes available for use in determining eligibility


  3. of the generating system. For any system with a nameplate capacity equal to or less than twenty-

  4. five kilowatts (25 KW), eligibility shall not be restricted based on prior consumption. The eligible


  5. net-metering system may be owned by the same entity that is the customer of record on the net-


  6. metered accounts or may be owned by a third party that is not the customer of record at the eligible


  7. net-metering system site and which may offer a third-party, net-metering financing arrangement or


  8. net-metering financing arrangement, as applicable. Notwithstanding any other provisions of this


  9. chapter, any eligible net-metering resource: (i) Owned by a public entity, educational institution,

  10. hospital, nonprofit, or multi-municipal collaborative; or (ii) Owned and operated by a renewable-


  11. generation developer on behalf of a public entity, educational institution, hospital, nonprofit, or


  12. multi-municipal collaborative through a net-metering financing arrangement shall be treated as an


  13. eligible net-metering system and all accounts designated by the public entity, educational


  14. institution, hospital, nonprofit, or multi-municipal collaborative for net metering shall be treated as

  15. accounts eligible for net metering within an eligible net-metering system site; or (iii) Owned and


  16. operated by a renewable-generation developer on behalf of one or more commercial or industrial


  17. customer(s) through net-metering financing arrangement(s) shall be treated as an eligible net-


  18. metering system within an eligible net-metering system site. Notwithstanding any other provision


  19. to the contrary, effective July 1, 2060, an eligible net-metering system means a facility generating

  20. electricity using an eligible net-metering resource that is interconnected behind the same meter as


  21. the net-metering customer’s load.


  22. (7) “Eligible net-metering system site” means the site where the eligible net-metering


  23. system or community remote net-metering system is located or is part of the same campus or


  24. complex of sites contiguous to one another and the site where the eligible net-metering system or


  25. community remote net-metering system is located or a farm on which the eligible net-metering

  26. system or community remote net-metering system is located. Except for an eligible net-metering


  27. system owned by or operated on behalf of a public entity, educational institution, hospital,


  28. nonprofit, or multi-municipal collaborative or for a commercial or industrial customer through a


  29. net-metering financing arrangement, the purpose of this definition is to reasonably assure that


  30. energy generated by the eligible net-metering system is consumed by net-metered electric service

  31. account(s) that are actually located in the same geographical location as the eligible net-metering


  32. system. All energy generated from any eligible net-metering system is, and will be considered,


  33. consumed at the meter where the renewable energy resource is interconnected for valuation


  34. purposes. Except for an eligible net-metering system owned by, or operated on behalf of, a public

  1. entity, educational institution, hospital, nonprofit, or multi-municipal collaborative, or for a


  2. commercial or industrial customer through a net-metering financing arrangement, or except for a


  3. community remote net-metering system, all of the net-metered accounts at the eligible net-metering

  4. system site must be the accounts of the same customer of record and customers are not permitted


  5. to enter into agreements or arrangements to change the name on accounts for the purpose of


  6. artificially expanding the eligible net-metering system site to contiguous sites in an attempt to avoid


  7. this restriction. However, a property owner may change the nature of the metered service at the


  8. accounts at the site to be master metered in the owner’s name, or become the customer of record


  9. for each of the accounts, provided that the owner becoming the customer of record actually owns

  10. the property at which the account is located. As long as the net-metered accounts meet the


  11. requirements set forth in this definition, there is no limit on the number of accounts that may be net


  12. metered within the eligible net-metering system site.


  13. (8) “Excess renewable net-metering credit” means a credit that applies to an eligible net-


  14. metering system or community remote net-metering system for that portion of the production of

  15. electrical energy beyond one hundred percent (100%) and no greater than one hundred twenty-five


  16. percent (125%), except for any system with a nameplate capacity equal to or less than twenty-five


  17. kilowatts (25 KW) for which excess renewable net-metering credit applies to all production of


  18. electrical energy beyond one hundred percent (100%) of the renewable self-generator’s own


  19. consumption at the eligible net-metering system site or the sum of the usage of the eligible credit

  20. recipient accounts associated with the community remote net-metering system during the


  21. applicable billing period.


  22. For electrical energy produced greater than one hundred percent (100%) of the renewable


  23. self-generator’s own electricity consumption at the eligible net-metering system site or the sum of


  24. the usage of the eligible credit recipient accounts associated with the community remote net-


  25. metering system during the applicable billing period, excess renewable net-metering credits shall

  26. be equal to the wholesale electricity rate, which is hereby declared to be the ISO-New England


  27. energy clearing price. When applying the ISO-New England energy clearing price to calculate the


  28. value of excess renewable net-metering credits, the electric distribution company, subject to


  29. commission approval and subject to amendment from time to time, may use an annual average,


  30. monthly average, or other time increment and may use Rhode Island zone pricing or other

  31. applicable locational pricing. The commission shall have the authority to make determinations as


  32. to the applicability of this credit to specific generation facilities to the extent there is any uncertainty


  33. or disagreement.


  34. (9) “Farm” shall be defined in accordance with § 44-27-2, except that all buildings

    1. associated with the farm shall be eligible for net-metering credits as long as: (i) The buildings are


    2. owned by the same entity operating the farm or persons associated with operating the farm; and (ii)


    3. The buildings are on the same farmland as the project on either a tract of land contiguous with, or

    4. reasonably proximate to, such farmland or across a public way from such farmland.


    5. (10) “Hospital” means and shall be defined and established as set forth in chapter 17 of


    6. title 23.


    7. (11) “Multi-municipal collaborative” means a group of towns and/or cities that enter into


    8. an agreement for the purpose of co-owning a renewable-generation facility or entering into a


    9. financing arrangement pursuant to subsection (15).

    10. (12) “Municipality” means any Rhode Island town or city, including any agency or


    11. instrumentality thereof, with the powers set forth in title 45.


    12. (13) “Net metering” means using electrical energy generated by an eligible net-metering


    13. system for the purpose of self-supplying electrical energy and power at the eligible net-metering


    14. system site, or with respect to a community remote net-metering system, for the purpose of

    15. generating net-metering credits to be applied to the electric bills of the eligible credit recipients


    16. associated with the community net-metering system. The amount so generated will thereby offset


    17. consumption at the eligible net-metering system site through the netting process established in this


    18. chapter, or with respect to a community remote net-metering system, the amounts generated in


    19. excess of that amount will result in credits being applied to the eligible credit-recipient accounts

    20. associated with the community remote net-metering system.


    21. (14) “Net-metering customer” means a customer of the electric distribution company


    22. receiving and being billed for distribution service whose distribution account(s) are being net


    23. metered.


    24. (15) “Net-metering financing arrangement” means arrangements entered into by a public


    25. entity, educational institution, hospital, nonprofit, multi-municipal collaborative, or a commercial

    26. or industrial customer with a private entity to facilitate the financing and operation of a net-metering


    27. resource, in which the private entity owns and operates an eligible net-metering resource on behalf


    28. of a public entity, educational institution, hospital, nonprofit, multi-municipal collaborative, or


    29. commercial or industrial customer, where: (i) The eligible net-metering resource is located on


    30. property owned or controlled by the public entity, educational institution, hospital, municipality,

    31. multi-municipal collaborative, or commercial or industrial customer as applicable; and (ii) The


    32. production from the eligible net-metering resource and primary compensation paid by the public


    33. entity, educational institution, hospital, nonprofit, multi-municipal collaborative, or commercial or


    34. industrial customer to the private entity for such production is directly tied to the consumption of

  1. electricity occurring at the designated net-metered accounts.


  2. (16) “Nonprofit” means a nonprofit corporation as defined and established through chapter


  3. 6 of title 7, and shall include religious organizations that are tax exempt pursuant to 26 U.S.C. §

  4. 501(d).


  5. (17) “Person” means an individual, firm, corporation, association, partnership, farm, town


  6. or city of the state of Rhode Island, multi-municipal collaborative, or the state of Rhode Island or


  7. any department of the state government, governmental agency, or public instrumentality of the


  8. state.


  9. (18)“Preferred site” means a location for a renewable energy system that has had prior

  10. development, including, but not limited to: landfills, gravel pits and quarries, highway and major


  11. road median strips, brownfields, superfund sites, parking lots or sites that are designated


  12. appropriate for carports, and all rooftops including, but not limited to, residential, commercial,


  13. industrial, and municipal buildings.


  14. (19) “Project” means a distinct installation of an eligible net-metering system or a

  15. community remote net-metering system. An installation will be considered distinct if it is installed


  16. in a different location, or at a different time, or involves a different type of renewable energy.


  17. Subject to the safe-harbor provisions in § 39-26.4-3(a)(1), new and distinct projects cannot be


  18. located on adjoining parcels of land within core forests, except for preferred sites.


  19. (20) “Public entity” means the federal government, the state of Rhode Island,

  20. municipalities, wastewater treatment facilities, public transit agencies, or any water distributing


  21. plant or system employed for the distribution of water to the consuming public within this state


  22. including the water supply board of the city of Providence.


  23. (21) “Public entity net-metering system” means a system generating renewable energy at


  24. a property owned or controlled by the public entity that is participating in a net-metering financing


  25. arrangement where the public entity has designated accounts in its name to receive net-metering

  26. credits.


  27. (22) “Renewable net-metering credit” means a credit that applies to an eligible net-


  28. metering system or a community remote net-metering system up to one hundred percent (100%) of


  29. either the renewable self-generator’s usage at the eligible net-metering system site or the sum of


  30. the usage of the eligible credit-recipient accounts associated with the community remote net-

  31. metering system over the applicable billing period. This credit shall be equal to the total kilowatt


  32. hours of electrical energy generated up to the amount consumed on-site, and/or generated up to the


  33. sum of the eligible credit-recipient account usage during the billing period multiplied by the sum


  34. of the distribution company’s:

    1. (i) Last resort service kilowatt-hour charge for the rate class applicable to the net-metering


    2. customer, except that for remote public entity and multi-municipality collaborative net-metering


    3. systems that submit an application for an interconnection study on or after July 1, 2017, and

    4. community remote net-metering systems, the last resort service kilowatt-hour charge shall be net


    5. of the renewable energy standard charge or credit;


    6. (ii) Distribution kilowatt-hour charge;


    7. (iii) Transmission kilowatt-hour charge; and


    8. (iv) Transition kilowatt-hour charge.


    9. For projects after April 15, 2023 that have not elected to receive the fixed renewable net-

    10. metering credit pursuant to § 39-26.4-3(f), subject to the allowable be two hundred seventy-five


    11. one hundred seventy-five megawatts, alternating current (275 175 MWac), under § 39-26.4-


    12. 3(a)(1)(vi), the credit shall be reduced by twenty percent (20%).


    13. Notwithstanding the foregoing, except for systems that have requested an interconnection


    14. study for which payment has been received by the distribution company, or if an interconnection

    15. study is not required, a completed and paid interconnection application, by December 31, 2018, the


    16. renewable net-metering credit for all remote public entity and multi-municipal collaborative net-


    17. metering systems shall not include the distribution kilowatt-hour charge commencing on January


    18. 1, 2060.


    19. (23) “Renewable self-generator” means an electric distribution service customer of record

    20. for the eligible net-metering system or community remote net-metering system at the eligible net-


    21. metering system site which system is primarily designed to produce electrical energy for


    22. consumption by that same customer at its distribution service account(s), and/or, with respect to


    23. community remote net-metering systems, electrical energy which generates net-metering credits to


    24. be applied to offset the eligible credit-recipient account usage.


    25. (24) “Third party” means and includes any person or entity, other than the renewable self-

    26. generator, who or that owns or operates the eligible net-metering system or community remote net-


    27. metering system on the eligible net-metering system site for the benefit of the renewable self-


    28. generator.


    29. (25) “Third-party, net-metering financing arrangement” means the financing of eligible


    30. net-metering systems or community remote net-metering systems through lease arrangements or

    31. power/credit purchase agreements between a third party and renewable self-generator, except for


    32. those entities under a public entity net-metering financing arrangement. A third party engaged in


    33. providing financing arrangements related to such net-metering systems with a public or private


    34. entity is not a public utility as defined in § 39-1-2.

      1. 39-26.4-3. Net metering.


      2. (a) The following policies regarding net metering of electricity from eligible net-metering


      3. systems and community remote net-metering systems and regarding any person that is a renewable

      4. self-generator shall apply:


      5. (1)(i) The maximum allowable capacity for eligible net-metering systems, based on


      6. nameplate capacity, shall be ten megawatts (10 MW).


      7. (ii) Eligible net-metering systems shall be sited outside of core forests with the exception


      8. of development on preferred sites in the core forest and the exception of systems that, as of April


      9. 15, 2023, (A) Have submitted a complete application to the appropriate municipality for any

      10. required permits and/or zoning changes, or (B) Have requested an interconnection study for which


      11. payment has been received by the distribution company, or (C) If an interconnection study is not


      12. required, systems that have a completed and paid interconnection application.


      13. (iii) For systems developed in core forests on preferred sites, no more than one hundred


      14. thousand square feet (100,000 sq. ft) of core forest shall be removed, except for work required for

      15. utility interconnection or development of a brownfield, in which case no more core forest than


      16. necessary for interconnection or brownfield development shall be removed.


      17. (iv) The aggregate amount of net metering in the Block Island Utility District doing


      18. business as Block Island Power Company and the Pascoag Utility District shall not exceed a


      19. maximum percentage of peak load for each utility district as set by the utility district based on its

      20. operational characteristics, subject to commission approval.


      21. (v) Through December 31, 2018, the maximum aggregate amount of community remote


      22. net-metering systems built shall be thirty megawatts (30 MW). Any of the unused MW amount


      23. after December 31, 2018, shall remain available to community remote net-metering systems until


      24. the MW aggregate amount is interconnected.


      25. (vi) The maximum aggregate capacity of remote net metering allowable for ground-

      26. mounted eligible net-metering systems, as defined by § 39-26.4-2(6), with the exception of systems


      27. under § 39-26.4-3(e) and systems that have, as of April 15, 2023, submitted a complete application


      28. to the appropriate municipality for any required permits and/or zoning changes or have requested


      29. an interconnection study for which payment has been received by the distribution company, or if


      30. an interconnection study is not required, a completed and paid interconnection application by the

      31. distribution company as of June 24, 2023, shall be two hundred seventy-five one hundred seventy-


      32. five megawatts, alternating current (275 175 MWac), excluding off-shore wind. None of the


      33. systems to which this cap applies shall be in core forests unless on a preferred site located within


      34. the core forest. A project counts against this maximum if it is in operation or under construction by

1 July 1, 2030 December 31, 2032, as determined by the local distribution company. All eligible


2 ground-mounted net-metering systems must be under construction or in operation by July 1, 2030


3 December 31, 2032. This restriction shall not apply to the following: (A) The eligible net-metering

  1. system is interconnected behind the same meter as the net-metering customer’s load; and/or (B)


  2. The energy generated by the eligible net-metering system is consumed by net-metered electric


  3. service account(s) of the same owner of record that are actually located on the same or contiguous


  4. parcels as the eligible net-metering system.


  5. (2) For ease of administering net-metered accounts and stabilizing net-metered account


  6. bills, the electric distribution company may elect (but is not required) to estimate for any twelve-

  7. month (12) period:


  8. (i) The production from the eligible net-metering system or community remote net-


  9. metering system; and


  10. (ii) Aggregate consumption of the net-metered accounts at the eligible net-metering system


  11. site or the sum of the consumption of the eligible credit-recipient accounts associated with the

  12. community remote net-metering system, and establish a monthly billing plan that reflects the


  13. expected credits that would be applied to the net-metered accounts over twelve (12) months. The


  14. billing plan would be designed to even out monthly billings over twelve (12) months, regardless of


  15. actual production and usage. If such election is made by the electric distribution company, the


  16. electric distribution company would reconcile payments and credits under the billing plan to actual

  17. production and consumption at the end of the twelve-month (12) period and apply any credits or


  18. charges to the net-metered accounts for any positive or negative difference, as applicable. Should


  19. there be a material change in circumstances at the eligible net-metering system site or associated


  20. accounts during the twelve-month (12) period, the estimates and credits may be adjusted by the


  21. electric distribution company during the reconciliation period. The electric distribution company


  22. also may elect (but is not required) to issue checks to any net-metering customer in lieu of billing

  23. credits or carry-forward credits or charges to the next billing period. For residential-eligible net-


  24. metering systems and community remote net-metering systems twenty-five kilowatts (25 KW) or


  25. smaller, the electric distribution company, at its option, may administer renewable net-metering


  26. credits month to month allowing unused credits to carry forward into the following billing period.


  27. (3) If the electricity generated by an eligible net-metering system or community remote

  28. net-metering system during a billing period is equal to, or less than, the net-metering customer’s


  29. usage at the eligible net-metering system site or the sum of the usage of the eligible credit-recipient


  30. accounts associated with the community remote net-metering system during the billing period, the


  31. customer shall receive renewable net-metering credits, that shall be applied to offset the net-

  1. metering customer’s usage on accounts at the eligible net-metering system site, or shall be used to


  2. credit the eligible credit-recipient’s electric account.


  3. (4) If the electricity generated by an eligible net-metering system or community remote

  4. net-metering system during a billing period is greater than the net-metering customer’s usage on


  5. accounts at the eligible net-metering system site or the sum of the usage of the eligible credit-


  6. recipient accounts associated with the community remote net-metering system during the billing


  7. period, the customer shall be paid by excess renewable net-metering credits for the excess


  8. electricity generated; provided that, for any excess electricity generated by a system with a


  9. nameplate capacity in excess of twenty-five kilowatts (25 KW), excess renewable net-metering

  10. credits shall be limited to excess up to an additional twenty-five percent (25%) beyond the net-


  11. metering customer’s usage at the eligible net-metering system site, or the sum of the usage of the


  12. eligible credit-recipient accounts associated with the community remote net-metering system


  13. during the billing period; unless the electric distribution company and net-metering customer have


  14. agreed to a billing plan pursuant to subsection (a)(2). Subject to the completion of any applicable

  15. annual reconciliation of renewable net-metering credits and excess renewable net metering credits,


  16. customers shall have the option to cash out any credit balance remaining provided that the amount


  17. of the cash out shall be the lower of:


  18. (i) The credit balance shown from the annual reconciliation of the applicable account; or


  19. (ii) The credit balance on the applicable account on the date the electric distribution

  20. company processes the cash out.


  21. (5) The rates applicable to any net-metered account shall be the same as those that apply


  22. to the rate classification that would be applicable to such account in the absence of net metering,


  23. including customer and demand charges, and no other charges may be imposed to offset net-


  24. metering credits.


  25. (b) The commission shall exempt electric distribution company customer accounts

  26. associated with an eligible net-metering system from back-up or standby rates commensurate with


  27. the size of the eligible net-metering system, provided that any revenue shortfall caused by any such


  28. exemption shall be fully recovered by the electric distribution company through rates.


  29. (c) Any prudent and reasonable costs incurred by the electric distribution company


  30. pursuant to achieving compliance with subsection (a) and the annual amount of any renewable net-

  31. metering credits or excess renewable net-metering credits provided to accounts associated with


  32. eligible net-metering systems or community remote net-metering systems, shall be aggregated by


  33. the distribution company and billed to all distribution customers on an annual basis through a


  34. uniform, per-kilowatt-hour (KWh) surcharge embedded in the distribution component of the rates

  1. reflected on customer bills.


  2. (d) The billing process set out in this section shall be applicable to electric distribution


  3. companies thirty (30) days after the enactment of this chapter.

  4. (e) The Rhode Island office of energy resources shall redesign the community solar remote


  5. net metering program to reflect the provisions of this chapter and to include a commercial or


  6. industrial anchor tenant up to but not to exceed fifty percent (50%) of the project. The remaining


  7. fifty percent (50%) must be allocated or subscribed to low- and moderate-income (LMI) residents


  8. and/or those living in areas defined as disadvantaged and environmental justice communities. The


  9. Rhode Island office of energy resources shall design the net metering credit rate and factor in

  10. federal energy funding and tax credits to develop the most cost-effective rate for community solar


  11. projects. It is expected that these projects will be operational for a twenty-year (20) period. The


  12. Rhode Island office of energy resources shall file a benefit and cost analysis with any program


  13. proposal filed to the Rhode Island public utilities commission. Once the Rhode Island office of


  14. energy resources files a program proposal to the Rhode Island public utilities commission, a docket

  15. shall be established, and the Rhode Island public utilities commission shall issue a ruling on the


  16. program no later than one hundred and fifty (150) days. If a program is approved, it will be subject


  17. to no greater than twenty megawatts (20 MW) per year for two years until the forty megawatts (40


  18. MW) cap is met. Eligible net-metering systems shall be sited outside of core forests with the


  19. exception of development on preferred sites in the core forest.

  20. (f)(1) An eligible net-metering system owned by, or operated on behalf of, a public entity,


  21. educational institution, hospital, nonprofit, or multi-municipal collaborative, or for a commercial


  22. or industrial customer through a net-metering financing arrangement, or an eligible community


  23. remote net-metering system may make a one-time, irrevocable election by the later of: (i) the date


  24. that is ninety (90) days after the commission approves a tariff pursuant to § 39-26.4-3(f)(2); or (ii)


  25. the date that is sixty (60) days after execution of an interconnection agreement, to receive a fixed

  26. renewable net-metering credit rate of nineteen cents ($0.19) per kilowatt-hour. Such fixed credit


  27. rate shall be increased by 2.75% on a compound annual basis beginning January 1, 2028, and on


28 January 1 of each year thereafter. The fixed credit rate elected pursuant to this subsection shall


  1. apply for a term of twenty-five (25) years from the date of such election and shall be governed by


  2. § 39-26.4-3(f)(4).  Eligible net-metering systems making an election under this subsection shall

  3. remain subject to the requirements of § 39-26.4-3(a)(4).


  4. (2) No later than August 15, 2026, the electric distribution company shall file a tariff with


  5. the commission to implement the fixed renewable net-metering credit for eligible net metering


  6. systems that elect such credit, under terms and conditions set forth in the tariff. The tariff shall set

  1. forth, at a minimum, the rights and obligations of the eligible net-metering systems and the electric


  2. distribution company, including the conditions governing the calculation and payment of credits


  3. by the electric distribution company. The commission shall approve a tariff no later than December

  4. 1, 2026.


  5. (3) The commission shall have the authority to determine the final terms and conditions in


  6. the tariff that is filed with the commission pursuant to this section. Once approved, the commission


  7. shall retain exclusive jurisdiction over all payments, terms, conditions, rights, enforcement, and


  8. implementation of the tariff, subject to appeals pursuant to chapter 5 of this title.


  9. (4) It is the intention of the general assembly in enacting this provision that the developers,

  10. owners, investors, customers, and lenders of eligible net-metering systems receiving credits under


  11. the tariff be able to rely on the tariff for the entire term of the tariff for purposes of obtaining


  12. financing. Consistent with that intention and expectation, the terms under the tariff, once approved


  13. by the commission, shall not be altered in any way that would undermine such reliance on those


  14. tariffs during the applicable terms of the tariff; and in no circumstance will the credit rate paid to

  15. an eligible net-metering system be reduced during the term of the tariff once a project has elected


  16. to receive a tariff under the terms of this chapter.


  17. SECTION 6. Chapter 39-26 of the General Laws entitled "Renewable Energy Standard" is


  18. hereby amended by adding thereto the following section:


  19. 39-26-5.1. Zero-emission resources.

  20. (a) Zero-emission resources are:


  21. (1) Nuclear energy resources, meaning electricity generated by a nuclear fission or nuclear


  22. fusion facility that is licensed by the United States Regulatory Commission or its successor, and


  23. that produces no direct emissions of greenhouse gases or criteria air pollutants at the point of


  24. generation.


  25. (2) Large-scale hydroelectric facilities, meaning hydroelectric generation units that are not

  26. “small hydro facilities” as defined in § 39-26-2, that generate electricity through the conversion of


  27. the energy of flowing or falling water and that produce no direct emissions of greenhouse gases or


  28. criteria air pollutants at the point of generation.


  29. (b) For the purposes of the regulations promulgated under this chapter, eligible zero-


  30. emission energy resources are generation units in the NEPOOL control area using zero-emission

  31. energy resources as defined in this section.


  32. (c) A generation unit located in an adjacent control area outside of the NEPOOL may


  33. qualify as an eligible zero-emission energy resource, but the associated generation attributes shall


  34. be applied to any zero-emission standard established under this chapter only to the extent that the

  1. energy produced by the generation unit is actually delivered into NEPOOL for consumption by


  2. New England customers. The delivery of the energy from the generation unit into NEPOOL shall


  3. be demonstrated by:

  4. (1) A unit-specific bilateral contract for the sale and delivery of such energy into NEPOOL;


  5. (2) Confirmation from ISO-New England that the zero-emission energy was actually


  6. settled in the NEPOOL system; and


  7. (3) Confirmation through the North American Electric Reliability Corporation tagging


  8. system, or its successor, that the import of the energy into NEPOOL actually occurred; or


  9. (4) Any such other requirements as the commission deems appropriate.

  10. (d) NE-GIS certificates associated with the energy production from off-grid generation and


  11. customer-sited generation facilities certified by the commission as eligible zero-emission energy


  12. resources may also be used to demonstrate compliance with any zero-emission standard.


  13. SECTION 7. Sections 39-26-1, 39-26-2, 39-26-4 and 39-26-6 of the General Laws in


  14. Chapter 39-26 entitled "Renewable Energy Standard" are hereby amended to read as follows:

  15. 39-26-1. Legislative findings.


  16. The General Assembly finds that:


  17. (1) The people and energy users of Rhode Island have an interest in having electricity


  18. supplied in the state come from a diversity of energy sources including renewable and zero-


  19. emission resources;

  20. (2) Increased use of renewable and zero-emission energy may have the potential to lower


  21. and stabilize future energy costs and protect ratepayers from the volatility of regional energy


  22. markets;


  23. (3) Increased use of renewable and zero-emission energy can reduce air pollutants,


  24. including carbon dioxide emissions, that adversely affect public health and contribute to global


  25. warming;

  26. (4) Massachusetts, Connecticut, and other states have established renewable and zero-


  27. emission energy standard programs to encourage the development of renewable energy sources;


  28. (5) It is in the interest of the people, in order to protect public health and the environment


  29. and to promote the general welfare and to ensure affordability and reliability, to establish a


  30. renewable and zero-emission energy standard program to increase levels of electrical energy

  31. supplied in the state from renewable resources in a manner that prioritizes efficiency and cost-


  32. effectiveness.


  33. 39-26-2. Definitions.


  34. When used in this chapter:

  1. (1) “Alternative compliance payment” means a payment to the renewable energy


  2. development fund of fifty dollars ($50.00) per megawatt-hour of renewable energy obligation, in


  3. 2003 dollars, adjusted annually up or down by the consumer price index, which may be made in

  4. lieu of standard means of compliance with this statute.


  5. (1) “Alternative compliance payment” means a payment made in lieu of standard means of


  6. compliance with this statute, as follows:


  7. (i) For new renewable energy and zero-emission resources, an alternative compliance


  8. payment of forty dollars ($40.00) per megawatt-hour of renewable energy obligation;


  9. (ii) For existing renewable energy and zero-emission resources, an alternative compliance

  10. payment of eleven dollars ($11.00) per megawatt-hour of renewable energy obligation;


  11. (iii) All such payments shall be deposited into the renewable energy development fund and


  12. distributed in accordance with § 39-26-7.


  13. (2) “Commission” means the Rhode Island public utilities commission.


  14. (3) “Compliance year” means a calendar year beginning January 1 and ending December

  15. 31, for which an obligated entity must demonstrate that it has met the requirements of this statute.


  16. (4) “Customer-sited generation facility” means a generation unit that is interconnected on


  17. the end-use customer’s side of the retail electricity meter in such a manner that it displaces all or


  18. part of the metered consumption of the end-use customer.


  19. (5) “Electrical energy product” means an electrical energy offering, including, but not

  20. limited to, last-resort and standard-offer service, that can be distinguished by its generation


  21. attributes or other characteristics, and that is offered for sale by an obligated entity to end-use


  22. customers.


  23. (6) “Eligible biomass fuel” means fuel sources including brush, stumps, lumber ends and


  24. trimmings, wood pallets, bark, wood chips, shavings, slash, and other clean wood that is not mixed


  25. with other solid wastes; agricultural waste, food, and vegetative material; energy crops; landfill

  26. methane; biogas; or neat biodiesel and other neat liquid fuels that are derived from such fuel


  27. sources.


  28. (7) “Eligible renewable energy resource” means resources as defined in § 39-26-5 and


  29. "zero-emission energy resource" means resources as defined in § 39-26-5.1.


  30. (8) “End-use customer” means a person or entity in Rhode Island that purchases electrical

  31. energy at retail from an obligated entity.


  32. (9) “Existing renewable and zero-emission energy resources” means generation units using


  33. eligible renewable energy resources and zero-emission resources and first going into commercial


  34. operation before December 31, 1997.

    1. (10) “Generation attributes” means the nonprice characteristics of the electrical energy


    2. output of a generation unit including, but not limited to, the unit’s fuel type, emissions, vintage,


    3. and policy eligibility.

    4. (11) “Generation unit” means a facility that converts a fuel or an energy resource into


    5. electrical energy.


    6. (12) “High-heat medical waste processing facility” means a facility that:


    7. (i) Generates electricity from the combustion, gasification, or pyrolysis of regulated


    8. medical waste;


    9. (ii) Generates electricity from the combustion of fuel derived from the gasification or

    10. pyrolysis of regulated medical waste; or


    11. (iii) Disposes of, processes, or treats regulated medical waste through combustion,


    12. gasification, pyrolysis, or any process that exposes waste to temperatures above four hundred


    13. degrees Fahrenheit (400ºF).


    14. (13) “NE-GIS” means the generation information system operated by NEPOOL, its

    15. designee or successor entity, that includes a generation information database and certificate system,


    16. and that accounts for the generation attributes of electrical energy consumed within NEPOOL.


    17. (14) “NE-GIS certificate” means an electronic record produced by the NE-GIS that


    18. identifies the relevant generation attributes of each megawatt-hour accounted for in the NE-GIS.


    19. (15) “NEPOOL” means the New England Power Pool or its successor.

    20. (16) “New renewable energy and zero-emission resources” means generation units using


    21. eligible renewable energy and zero-emission resources and first going into commercial operation


    22. after December 31, 1997; or the incremental output of generation units using eligible renewable


    23. energy and zero-emission resources that have demonstrably increased generation in excess of ten


    24. percent (10%) using eligible renewable energy and zero-emission resources through capital


    25. investments made after December 31, 1997; but in no case involve any new impoundment or

    26. diversion of water with an average salinity of twenty (20) parts per thousand or less.


    27. (17) “Obligated entity” means a person or entity who or that sells electrical energy to end-


    28. use customers in Rhode Island, including, but not limited to: nonregulated power producers and


    29. electric utility distribution companies, as defined in § 39-1-2, supplying standard-offer service, last-


    30. resort service, or any successor service to end-use customers, including Narragansett Electric, but

    31. not to include Block Island Power Company as described in § 39-26-7 or Pascoag Utility District.


    32. (18) “Off-grid generation facility” means a generation unit that is not connected to a utility


    33. transmission or distribution system.


    34. (19) “Renewable energy and zero-emission resource” means any one or more of the

      1. renewable energy and zero-emission resources described in § §§ 39-26-5(a) and 39-26-5.1.


      2. (20) “Reserved certificate” means a NE-GIS certificate sold independent of a transaction


      3. involving electrical energy, pursuant to Rule 3.4 or a successor rule of the operating rules of the

      4. NE-GIS.


      5. (21) “Reserved certificate account” means a specially designated account established by


      6. an obligated entity, pursuant to Rule 3.4 or a successor rule of the operating rules of the NE-GIS,


      7. for transfer and retirement of reserved certificates from the NE-GIS.


      8. (22) “Self-generator” means an end-use customer in Rhode Island that displaces all or part


      9. of its retail electricity consumption, as metered by the distribution utility to which it interconnects,

      10. through the use of a customer-sited generation facility, and the ownership of any such facility shall


      11. not be considered an obligated entity as a result of any such ownership arrangement.


      12. (23) “Small hydro facility” means a facility employing one or more hydroelectric turbine


      13. generators and with an aggregate capacity not exceeding thirty megawatts (30 MW). For purposes


      14. of this definition, “facility” shall be defined in a manner consistent with Title 18 of the Code of

      15. Federal Regulations, section 292.204; provided, however, that the size of the facility is limited to


      16. thirty megawatts (30 MW), rather than eighty megawatts (80 MW).


      17. 39-26-4. Renewable energy standard.


      18. (a) Starting in compliance year 2007, all obligated entities shall obtain at least three percent


      19. (3%) of the electricity they sell at retail to Rhode Island end-use customers, adjusted for electric

      20. line losses, from eligible renewable energy resources and zero-emission resources, escalating,


      21. according to the following schedule:


      22. (1) At least three percent (3%) of retail electricity sales in compliance year 2007;


      23. (2) An additional one-half of one percent (0.5%) of retail electricity sales in each of the


      24. following compliance years 2008, 2009, 2010;


      25. (3) An additional one percent (1%) of retail electricity sales in each of the following

      26. compliance years 2011, 2012, 2013, 2014, provided that the commission has determined the


      27. adequacy, or potential adequacy, of renewable energy and zero-emission supplies to meet these


      28. percentage requirements;


      29. (4) There shall be no increase to the renewable energy standard for compliance year 2015,


      30. and the incremental increases shall resume in the subsequent compliance years as provided in

      31. subsections (a)(5) through (a)(12) of this section;


      32. (4)(5) An additional one and one-half percent (1.5%) of retail electricity sales in each of


33 the following compliance years 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022;


34 (5)(6) [Deleted by P.L. 2016, ch. 144, § 1 and P.L. 2016, ch. 155, § 1.]

  1. (6)(7) An additional four percent (4%) of retail electricity sales in 2023;


  2. (7)(8) An additional five percent (5%) of retail electricity sales in 2024;


  3. (8)(9) An additional six percent (6%) of retail electricity sales in 2025;

  4. (9)(10) An additional seven percent (7%) of retail electricity sales in 2026 and 2027;


  5. (10)(11) An additional seven and one-half percent (7.5%) of retail electricity sales in 2028;


  6. (11)(12) An additional eight percent (8%) of retail electricity sales in 2029;


  7. (12)(13) An additional eight and one-half percent (8.5%) of retail electricity sales in 2030;


  8. (13)(14) An additional nine percent (9%) of retail electricity sales in 2031; and


  9. (14)(15) An additional nine and one-half percent (9.5%) of retail electricity sales in 2032

  10. and 2033 to achieve the goal that one hundred percent (100%) of Rhode Island’s retail electricity


  11. demand sales is from renewable energy and zero-emission resources by 2033 and each year


  12. thereafter.


  13. (b) For each obligated entity and in each compliance year, the amount of retail electricity


  14. sales used to meet obligations under this statute that are derived from existing renewable energy

  15. and zero-emission resources shall not exceed two percent (2%) of total retail electricity sales for


  16. compliance year 2026, fourteen percent (14%) for compliance year 2027, an additional one percent


  17. (1% ) of total retail electricity sales for compliance years, 2028, 2029, 2030, 2031, 2032, and for


  18. compliance year 2033 and each compliance year thereafter, shall not exceed twenty percent (20%).


  19. (c) The minimum renewable energy percentages set forth in subsection (a) shall be met for

  20. each electrical energy product offered to end-use customers, in a manner that ensures that the


  21. amount of renewable energy of end-use customers voluntarily purchasing renewable energy is not


  22. counted toward meeting such percentages. Notwithstanding the foregoing, municipalities engaged


  23. in aggregation pursuant to § 39-3-1.2 may include in their aggregation plan terms that would allow


  24. voluntary renewable energy products to be counted toward meeting such percentages. In 2024, the


  25. commission, with input from the office of energy resources, division of public utilities and carriers,

  26. obligated entities, other market participants, and the public, shall assess the impact of allowing


  27. voluntary renewable energy purchases to be counted toward meeting the annual percentages. The


  28. commission shall submit a report of its findings and recommendations to the governor, speaker of


  29. the house, and senate president no later than September 1, 2024.


  30. (d) To the extent consistent with the requirements of this chapter, compliance with the

  31. renewable energy standard may be demonstrated through procurement of NE-GIS certificates


  32. relating to generating units certified by the commission as using eligible renewable energy sources


  33. and  zero-emission  resources, as evidenced by reports issued by the NE-GIS administrator.


  34. Procurement of NE-GIS certificates from off-grid and customer-sited generation facilities, verified

  1. by the commission as eligible renewable energy resources and zero-emission resources, may also


  2. be used to demonstrate compliance. With the exception of contracts for generation supply entered


  3. into prior to 2002, initial title to NE-GIS certificates from off-grid and customer-sited generation

  4. facilities and from all other eligible renewable energy and zero-emission resources, shall accrue to


  5. the owner of such a generation facility, unless such title has been explicitly deemed transferred


  6. pursuant to contract or regulatory order.


  7. (e) In lieu of providing NE-GIS certificates pursuant to subsection (d) of this section, an


  8. obligated entity may also discharge all or any portion of its compliance obligations by making an


  9. alternative compliance payment to the renewable energy development fund established pursuant to

  10. § 39-26-7.


  11. (f) Retail electricity sales pursuant to a nonregulated power producer’s supply contract that


  12. was executed prior to July 1, 2022, shall be required to obtain an additional one and one-half percent


  13. (1.5%) of retail electricity sales each year and are exempted from the requirements of subsections


  14. (a)(6) through (a)(14) of this section until the end date of the term of the nonregulated power

  15. producer’s supply contract.


  16. 39-26-6. Duties of the commission.


  17. (a) The commission shall:


  18. (1) Develop and adopt regulations on or before December 31, 2005, for implementing a


  19. renewable energy standard, which regulations shall include, but be limited to, provisions for:

  20. (i) Verifying the eligibility of renewable energy and zero-emission generators and the


  21. production of energy from such generators, including requirements to notify the commission in the


  22. event of a change in a generator’s eligibility status;


  23. (ii) Standards for contracts and procurement plans for renewable energy and zero-emission


  24. resources to achieve the purposes of this chapter;


  25. (iii) Flexibility mechanisms for the purposes of easing compliance burdens; facilitating

  26. bringing new renewable resources on-line; and avoiding and/or mitigating conflicts with state-level


  27. source disclosure requirements and green marketing claims throughout the region; which flexibility


  28. mechanisms shall allow obligated entities to: (A) Demonstrate compliance over a compliance year;


  29. and (B) Bank excess compliance for new and existing renewable and zero-emissions resources for


  30. two (2) subsequent compliance years, capped at thirty percent (30%) of the current year’s obligation

  31. up to three (3) subsequent compliance years with no limitation on quantity; and


  32. (iv) Annual compliance filings to be made by all obligated entities within one month after


  33. NE-GIS reports are available for the fourth (4th) quarter of each calendar year. All electric-utility-


  34. distribution companies shall cooperate with the commission in providing data necessary to assess

  1. the magnitude of obligation and verify the compliance of all obligated entities.


  2. (2) Authorize rate recovery by electric-utility-distribution companies of all prudent


  3. incremental costs arising from the implementation of this chapter, including, without limitation:

  4. the purchase of NE-GIS certificates including certificates from zero-emission resources; the


  5. payment of alternative compliance payments; required payments to support the NE-GIS;


  6. assessments made pursuant to § 39-26-7(c); and the incremental costs of complying with energy


  7. source disclosure requirements.


  8. (3) Certify eligible renewable energy and zero-emission resources by issuing statements of


  9. qualification within ninety (90) days of application. The commission shall provide prospective

  10. reviews for applicants seeking to determine whether a facility would be eligible.


11 (4) [Deleted by P.L. 2022, ch. 218, § 1 and P.L. 2022, ch. 226, § 1.]


  1. (5) Establish sanctions for those obligated entities that, after investigation, have been found


  2. to fail to reasonably comply with the commission’s regulations. No sanction or penalty shall relieve


  3. or diminish an obligated entity from liability for fulfilling any shortfall in its compliance obligation;

  4. provided, however, that no sanction shall be imposed if compliance is achieved through alternative


  5. compliance payments. The commission may suspend or revoke the certification of generation units,


  6. certified in accordance with subsection (a)(3) of this section, that are found to provide false


  7. information or that fail to notify the commission in the event of a change in eligibility status or


  8. otherwise comply with its rules. Financial penalties resulting from sanctions from obligated entities

  9. shall not be recoverable in rates.


  10. (6) Report, by February 15, 2006, and by February 15 each year thereafter, to the governor,


  11. the speaker of the house, and the president of the senate on the status of the implementation of the


  12. renewable energy standards in Rhode Island and other states, and which report shall include in


  13. 2009, and each year thereafter, the level of use of renewable energy certificates by eligible


  14. renewable energy and zero-emission resources and the portion of renewable energy standards met

  15. through alternative compliance payments, and the amount of rate increases authorized pursuant to


  16. subsection (a)(2) of this section.


  17. (b) Consistent with the public policy objective of developing renewable generation as an


  18. option in Rhode Island, and subject to the review and approval of the commission, the electric


  19. distribution company is authorized to propose and implement pilot programs to own and operate

  20. no more than fifteen megawatts (15 MW) of renewable-generation demonstration projects in Rhode


  21. Island and may include the costs and benefits in rates to distribution customers. At least two (2)


  22. demonstration projects shall include renewable generation installed at, or in the vicinity of


  23. nonprofit, affordable-housing projects where energy savings benefits are provided to reduce

  1. electric bills of the customers at the nonprofit, affordable-housing projects. Any renewable-


  2. generation proposals shall be subject to the review and approval of the commission. The


  3. commission shall annually make an adjustment to the minimum amounts required under the

  4. renewable energy standard under this chapter in an amount equal to the kilowatt hours generated


  5. by such units owned by the electric distribution company. The electric and gas distribution


  6. company shall also be authorized to propose and implement smart-metering and smart-grid


  7. demonstration projects in Rhode Island, subject to the review and approval of the commission, in


  8. order to determine the effectiveness of such new technologies for reducing and managing energy


  9. consumption, and may include the costs of such demonstration projects in distribution rates to

  10. electric customers to the extent the project pertains to electricity usage and in distribution rates to


  11. gas customers to the extent the project pertains to gas usage.


  12. SECTION 8. Chapter 39-26 of the General Laws entitled "Renewable Energy Standard" is


  13. hereby amended by adding thereto the following section:


  14. 39-26-4.1. Legislative reporting.

  15. (a)  On  or  before  January  1,  2027,  the  public  utilities  commission  shall  conduct  a


  16. comprehensive review of:


  17. (1) The status of the state’s progress toward meeting the renewable energy standard;


  18. (2) The status of the state’s progress toward meeting the greenhouse gas emissions


  19. reduction requirements;

  20. (3) The extent to which renewable energy procurement and development within the state


  21. is sufficient to ensure long-term compliance with such requirements;


  22. (4) The impact on meeting mandated carbon reduction goals in § 42-6.2-9;


  23. (5) Estimated cost of compliance of the renewable energy standard; and


  24. (6) Recommendations for creation of an intervenor compensation program to provide


  25. compensation in the form of a grant for legal fees, expert witness fees and other reasonable costs

  26. to an intervenor in public utility commission proceedings.


  27. (b) On or before December 31, 2027, public utilities commission shall submit a report of


  28. their findings, and recommendation of actions required pursuant to this section, to the governor,


  29. the speaker of the house, the president of the senate, and the chairs of the house committees on


  30. environment and natural resources, finance, and corporations and the senate committees on finance,

  31. environment and agriculture, and commerce. The report shall detail the following:


  32. (1) Renewable and zero-emission resources used for compliance;


  33. (2) Estimated cost of compliance of the renewable energy standard;


  34. (3) Impact on meeting mandated carbon reduction goals in § 42-6.2-9; and

  1. (4) Any statutory changes needed to reach the 2033 targets established pursuant to this


  2. chapter.


  3. SECTION 9. Section 39-31-11 of the General Laws in Chapter 39-31 entitled "Affordable

  4. Clean Energy Security Act" is hereby repealed.


  5. 39-31-11. Financial remuneration and incentives.


  6. In order to achieve the purposes of this chapter, electric distribution companies shall be


  7. entitled to financial remuneration and incentives for long-term contracts for newly developed


  8. renewable energy resources, which are over and above the base rate revenue requirement


  9. established in its cost of service for distribution ratemaking. Such remuneration and incentives shall

  10. compensate the electric distribution company for accepting the financial obligation of the long-


  11. term contracts. For long-term contracts approved pursuant to this chapter on or after January 1,


  12. 2022, the financial remuneration and incentives shall be in the form of annual compensation up to


  13. one percent (1.0%) of the actual annual payments made under the contracts through December 31,


  14. 2026, for those projects that are commercially operating. For long-term contracts approved

  15. pursuant to this chapter on or after January 1, 2027, financial remuneration and incentives shall not


  16. be applied, unless otherwise granted by the commission. For any calendar year in which the electric


  17. distribution company’s actual return on equity exceeds the return on equity allowed by the


  18. commission in the electric distribution company’s last general rate case, the commission shall have


  19. the authority to adjust any or all remuneration paid to the electric distribution company pursuant to

  20. this section in order to assure that such remuneration does not result in or contribute toward the


  21. electric distribution company earning above its allowed return for such calendar year.


  22. SECTION 10. Chapter 42-12 of the General Laws entitled "Department of Human


  23. Services" is hereby amended by adding thereto the following section:


  24. 42-12-1.6. Transfer of functions to the office of energy resources.


  25. (a) There is hereby transferred from the department of human services to the office of

  26. energy resources the administration, management, all functions and resources associated with:


  27. (1) The weatherization assistance program which offers weatherization grants and heating


  28. system upgrades using funds from the federal department of energy and the federal low-income


  29. home  energy  assistance  program,  and  any  state  funded  or  privately  funded  weatherization


  30. assistance program of a similar nature assigned to it;

  31. (b) The department is authorized to offer advisory assistance to the office of energy


  32. resources in order to maintain continuity to eligible households.


  33. SECTION 11. Section 42-12-1.5 of the General Laws in Chapter 42-12 entitled


  34. "Department of Human Services" is hereby amended to read as follows:

    1. 42-12-1.5. Transfer of functions from the office of energy resources.


    2. (a) There is hereby transferred from the office of energy resources to the department of


    3. human services the administration, management, all functions and resources associated with:

    4. (1) The federal low-income home energy assistance program (LIHEAP), which provides


    5. heating assistance to eligible low-income persons and any state funded or privately funded heating


    6. assistance program of a similar nature assigned to it for administration;


    7. (2) The weatherization assistance program, which offers home weatherization grants and


    8. heating system upgrades to LIHEAP eligible households; and,


    9. (3)(2) The emergency fuel program, which provides oil deliveries to families experiencing

    10. a heating emergency.


    11. (b) The department is authorized to request advisory assistance from the office of energy


    12. resources in order to maintain continuity of assistance provided to LIHEAP eligible households


    13. pursuant to § 39-2-1(d).


    14. SECTION 12. Section 42-140-3 of the General Laws in Chapter 42-140 entitled "Rhode

    15. Island Energy Resources Act" is hereby amended to read as follows:


16 42-140-3. Purposes.


  1. The purposes of the office shall be to:


  2. (1) Develop and put into effect plans and programs to promote, encourage, and assist the


  3. provision of energy resources for Rhode Island in a manner that enhances economic well-being,

  4. social equity, and environmental quality;


  5. (2) Monitor, forecast, and report on energy use, energy prices, and energy demand and


  6. supply forecasts, and make findings and recommendations with regard to energy supply diversity,


  7. reliability, and procurement, including least-cost procurement;


  8. (3) Develop and to put into effect plans and programs to promote, encourage, and assist


  9. the efficient and productive use of energy resources in Rhode Island, and to coordinate energy

  10. programs for natural gas, electricity, and heating oil to maximize the aggregate benefits of


  11. conservation and efficiency of investments;


  12. (4) Monitor and report technological developments that may result in new and/or improved


  13. sources of energy supply, increased energy efficiency, and reduced environmental impacts from


  14. energy supply, transmission, and distribution;

  15. (5) Administer the programs, duties, and responsibilities heretofore exercised by the state


  16. energy office, except as these may be assigned by executive order or the general laws to other


  17. departments and agencies of state government;


  18. (6) Develop, recommend, and, as appropriate, implement integrated and/or comprehensive

    1. strategies, including at regional and federal levels, to secure Rhode Island’s interest in energy


    2. resources, their supply and efficient use, and as necessary to interact with persons, private sector,


    3. nonprofit, regional, federal entities and departments and agencies of other states to effectuate this

    4. purpose;


    5. (7) Cooperate with agencies, departments, corporations, and entities of the state and of


    6. political subdivisions of the state in achieving its purposes;


    7. (8) Cooperate with and assist the state planning council and the division of state planning


    8. in developing, maintaining, and implementing state guide plan elements pertaining to energy and


    9. renewable energy;

    10. (9) Coordinate the energy efficiency, least-cost procurement, and systems reliability plans


    11. and programs with the energy efficiency and resources management council;


    12. (10) Participate in, monitor implementation of, and provide technical assistance for the


    13. low-income home energy assistance program enhancement plan established pursuant to § 39-1-


    14. 27.12;

    15. (11) Participate in and monitor the distributed generation standard contracts program


    16. pursuant to chapter 26.2 of title 39;


    17. (12)(11) Coordinate opportunities with and enter into contracts and/or agreements with the


    18. commerce corporation associated with the energy efficiency, least-cost procurement, system


    19. reliability, and renewable energy fund programs;

    20. (13)(12) Provide support and information to the division of planning and the state planning


    21. council in the development of a ten-year (10) Rhode Island Energy Guide Plan, which shall be


    22. reviewed and amended if necessary every five (5) years;


    23. (13) Administer the federal Weatherization Assistance Program and any state or privately


    24. funded weatherization program;


    25. (14) Advise and provide technical assistance to state and federally funded energy programs

    26. to support:


    27. (i) The federal low-income home energy assistance program which provides heating


    28. assistance to eligible low-income persons and any state funded or privately funded heating


    29. assistance program of a similar nature assigned to it for administration;


    30. (ii) The weatherization assistance program which offers home weatherization grants and

    31. heating system upgrades to eligible persons of low-income;


    32. (iii) The emergency fuel program which provides oil deliveries to families experiencing a


    33. heating emergency;


    34. (iv) The energy conservation program, which offers service and programs to all sectors;

1 (v) [Deleted by P.L. 2008, ch. 228, § 2, and P.L. 2008, ch. 422, § 2.]


  1. (15) Advise the commerce corporation in the development of standards and rules for the


  2. solicitation and award of renewable energy program investment funds in accordance with § 42-64-

  3. 13.2;


  4. (16) Develop, recommend, and evaluate energy programs for state facilities and operations


  5. in order to achieve and demonstrate the benefits of energy-efficiency, diversification of energy


  6. supplies, energy conservation, and demand management; and


  7. (17) Advise the governor and the general assembly with regard to energy resources and all


  8. matters relevant to achieving the purposes of the office.

  9. SECTION 13. Chapter 42-140 of the General Laws entitled "Rhode Island Energy


  10. Resources Act" is hereby amended by adding thereto the following section:


  11. 42-140-13. Energy Benchmarking And Performance Standards Program.


  12. (a) Definitions. For the purposes of this section:


  13. (1) “Department” means all state departments whose directors are enumerated in § 42-6-3

  14. and shall additionally include the executive office of health and human services, the executive


  15. office of commerce, and the executive office of housing.


  16. (2) “Public buildings” for the purpose of this section means all municipal and school


  17. buildings owned by a municipality that are at least twenty-five thousand gross square feet (25,000


  18. GSF).

  19. (3) “State-owned, state-occupied facilities” means buildings owned by the state that


  20. primarily contain offices or other administrative work space for state employees and are at least


  21. twenty-five thousand gross square feet (25,000 GSF).


  22. (b) State facilities energy usage reporting


  23. (1) State departments, coordinated and supported by the office of energy resources, shall


  24. be required to measure and report monthly energy usage by energy source for their respective state-

  25. owned, state-occupied facilities, as well as the gross square footage for each building.


  26. (2) Beginning March 31, 2029, and recurring annually thereafter, departments, coordinated


  27. and supported by the office of energy resources, shall report to the office energy use data by source


  28. for state-owned, state-occupied facilities for the preceding calendar year. No later than one hundred


  29. eighty (180) days from the March 31 reporting deadline each year, the office shall compile, publish

  30. and post on its website each facility’s energy use data by fuel and total emissions.


  31. (c) State facilities benchmarking and performance standards program


  32. (1) Utilizing the data due March 31, 2029, in subsection (b)(2), the office of energy


  33. resources shall, with consultation from departments, develop and publish performance standards

  1. for state-owned, state-occupied facilities by March 31, 2030 and may update the performance


  2. standards and any revision to the standards thereafter. The performance standards published must


  3. include:

  4. (i) An annualized emissions standard based on energy usage for each state-owned, state-


  5. occupied facility as necessary, to achieve by specified dates;


  6. (ii) A schedule for compliance terminating in 2050; and


  7. (iii)  The  cost-benefit  analysis  used  to  determine  which  state-owned,  state-occupied


  8. facilities are assigned performance standards, as set forth in subsection (c)(2) below.


  9. (2) The performance standards shall be determined by evaluating:

  10. (i) The total amount of emissions reductions that could be achieved while maintaining state


  11. operations;


  12. (ii) The relative contribution of the emissions reductions to decadal targets established by


  13. § 42-6.2-2 compared to other strategies, programs, and actions established by the executive climate


  14. change coordinating council in its plan due December 31, 2025, in accordance with § 42-6.2-

  15. 2(2)(i); and


  16. (iii) The fiscal impacts of achieving the performance standards.


  17. (3)  The  departments  shall  meet  the  performance  standards  set  in  accordance  with


  18. subsection (c)(2). No later than ninety (90) days after each specified compliance date established


  19. in accordance with subsection (c)(1), the office of energy resources shall publish a performance

  20. standards compliance report demonstrating the status of each state-owned, state-occupied facility


  21. subject to a performance standard and post on its website. In the event that a state-owned, state-


  22. occupied facility fails to meet a performance standard, the office of energy resources shall provide


  23. a corrective action plan with which the state-owned, state-occupied facility shall comply within


  24. ninety (90) days of the compliance deadline.


  25. (4) Subsections (c)(1), (c)(2), and (c)(3) shall not apply to state-owned, state-occupied

  26. facilities which the office and department of administration determine are not suitable candidates


  27. for  achieving  greenhouse  gas  emission  reductions  due  to  economic  infeasibility  or  unique


  28. operational or physical limitations. Any such determinations shall be published in addition to the


  29. standards required in subsection (c)(2) and posted on the office’s website.


  30. (d) Voluntary energy benchmarking program for public buildings

  31. (i) The office of energy resources shall provide technical and financial assistance to


  32. municipalities for a voluntary public buildings energy benchmarking program of public buildings


  33. on municipal properties in which buildings are greater than twenty-five thousand square feet


  34. (25,000 ft2).

    1. (ii) The office of energy resources shall maintain a website that tracks its implementation


    2. of the voluntary public buildings energy benchmarking program. The office shall submit to the


    3. governor and general assembly by May 1, 2028, and annually thereafter a progress report on the

    4. voluntary public buildings energy benchmarking program.


    5. SECTION 14. This article shall take effect upon passage.


  1. ARTICLE 12

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    art.012/6/012/5/012/4/012/3/012/2

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  2. RELATING TO HEALTH CARE


  3. SECTION 1. Section 5-19.1-2 of the General Laws in Chapter 5-19.1 entitled "Pharmacies"


  4. is hereby amended to read as follows:


  5. 5-19.1-2. Definitions.


  6. (a) “Biological product” means a “biological product” as defined in the “Public Health


  7. Service Act,” 42 U.S.C. § 262.

  8. (b) “Board” means the Rhode Island board of pharmacy.


  9. (c) “Change of ownership” means:


  10. (1) In the case of a pharmacy, manufacturer, or wholesaler that is a partnership, any change


  11. that results in a new partner acquiring a controlling interest in the partnership;


  12. (2) In the case of a pharmacy, manufacturer, or wholesaler that is a sole proprietorship, the

  13. transfer of the title and property to another person;


  14. (3) In the case of a pharmacy, manufacturer, or wholesaler that is a corporation:


  15. (i) A sale, lease exchange, or other disposition of all, or substantially all, of the property


  16. and assets of the corporation; or


  17. (ii) A merger of the corporation into another corporation; or


  18. (iii) The consolidation of two (2) or more corporations resulting in the creation of a new

  19. corporation; or


  20. (iv) In the case of a pharmacy, manufacturer, or wholesaler that is a business corporation,


  21. any transfer of corporate stock that results in a new person acquiring a controlling interest in the


  22. corporation; or


  23. (v) In the case of a pharmacy, manufacturer, or wholesaler that is a non-business

  24. corporation, any change in membership that results in a new person acquiring a controlling vote in


  25. the corporation.


  26. (d) “Compounding” means the act of combining two (2) or more ingredients as a result of


  27. a practitioner’s prescription or medication order occurring in the course of professional practice


  28. based upon the individual needs of a patient and a relationship between the practitioner, patient,

  29. and pharmacist. Compounding does not mean the routine preparation, mixing, or assembling of


  30. drug products that are essentially copies of a commercially available product. Compounding shall

  1. only occur in the pharmacy where the drug or device is dispensed to the patient or caregiver and


  2. includes the preparation of drugs or devices in anticipation of prescription orders based upon


  3. routine, regularly observed prescribing patterns.

  4. (e) “Controlled substance” means a drug or substance, or an immediate precursor of such


  5. drug or substance, so designated under, or pursuant to, the provisions of chapter 28 of title 21.


  6. (f) “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one


  7. person to another of a drug or device, whether or not there is an agency relationship.


  8. (g) “Device” means instruments, apparatus, and contrivances, including their components,


  9. parts, and accessories, intended:

  10. (1) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans


  11. or other animals; or


  12. (2) To affect the structure or any function of the body of humans or other animals.


  13. (h) “Director” means the director of the Rhode Island state department of health.


  14. (i) “Dispense” means the interpretation of a prescription or order for a drug, biological

  15. product, or device and, pursuant to that prescription or order, the proper selection, measuring,


  16. compounding, labeling, or packaging necessary to prepare that prescription or order for delivery or


  17. administration.


  18. (j) “Distribute” means the delivery of a drug or device other than by administering or


  19. dispensing.

  20. (k) “Drug” means:


  21. (1) Articles recognized in the official United States Pharmacopoeia or the Official


  22. Homeopathic Pharmacopoeia of the U.S.;


  23. (2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention


  24. of disease in humans or other animals;


  25. (3) Substances (other than food) intended to affect the structure, or any function, of the

  26. body of humans or other animals; or


  27. (4) Substances intended for use as a component of any substances specified in subsection


  28. (k)(1), (k)(2), or (k)(3), but not including devices or their component parts or accessories.


  29. (l) “Equivalent and interchangeable” means a drug, excluding a biological product, having


  30. the same generic name, dosage form, and labeled potency, meeting standards of the United States

  31. Pharmacopoeia or National Formulary, or their successors, if applicable, and not found in violation


  32. of the requirements of the United States Food and Drug Administration, or its successor agency, or


  33. the Rhode Island department of health.


  34. (m) “Interchangeable biological product” means a biological product that the United States

    1. Food and Drug Administration has:


    2. (1) Licensed and determined meets the standards for interchangeability pursuant to 42


    3. U.S.C. § 262(k)(4) or lists of licensed, biological products with reference product exclusivity and

    4. biosimilarity or interchangeability evaluations; or


    5. (2) Determined is therapeutically equivalent as set forth in the latest edition of, or


    6. supplement to, the United States Food and Drug Administration’s Approved Drug Products with


    7. Therapeutic Equivalence Evaluations.


    8. (n) “Intern” means:


    9. (1) A graduate of an American Council on Pharmaceutical Education (ACPE)-accredited

    10. program of pharmacy;


    11. (2) A student who is enrolled in at least the first year of a professional ACPE-accredited


    12. program of pharmacy; or


    13. (3) A graduate of a foreign college of pharmacy who has obtained full certification from


    14. the FPGEC (Foreign Pharmacy Graduate Equivalency Commission) administered by the National

    15. Association of Boards of Pharmacy.


    16. (o) “Legend drugs” means any drugs that are required by any applicable federal or state


    17. law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.


    18. (p) “Limited-function test” means those tests listed in the federal register under the Clinical


    19. Laboratory Improvement Amendments of 1988 (CLIA) as waived tests. For the purposes of this

    20. chapter, limited-function test shall include only the following: blood glucose, hemoglobin A1c,


    21. cholesterol tests, and/or other tests that are classified as waived under CLIA and are approved by


    22. the United States Food and Drug Administration for sale to the public without a prescription in the


    23. form of an over-the-counter test kit.


    24. (q) “Manufacture” means the production, preparation, propagation, compounding, or


    25. processing of a drug or other substance or device or the packaging or repackaging.

    26. (r) “Non-legend” or “nonprescription drugs” means any drugs that may be lawfully sold


    27. without a prescription.


    28. (s) “Person” means an individual, corporation, government, subdivision, or agency,


    29. business trust, estate, trust, partnership, or association, or any other legal entity.


    30. (t) “Pharmaceutical care” is the provision of drugs and other pharmaceutical services

    31. intended to achieve outcomes related to cure or prevention of a disease, elimination or reduction of


    32. a patient’s symptoms, or arresting or slowing of a disease process. “Pharmaceutical care” includes


    33. the judgment of a pharmacist in dispensing an equivalent and interchangeable drug or device in


    34. response to a prescription after appropriate communication with the prescriber and the patient.

      1. (u) “Pharmacist in charge” means a pharmacist licensed in this state as designated by the


      2. owner as the person responsible for the operation of a pharmacy in conformance with all laws and


      3. regulations pertinent to the practice of pharmacy and who is personally in full and actual charge of

      4. such pharmacy and personnel.


      5. (v) “Pharmacy” means that portion or part of a premise where prescriptions are


      6. compounded and dispensed, including that portion utilized for the storage of prescription or legend


      7. drugs.


      8. (w) “Pharmacy technician” means an individual who meets minimum qualifications


      9. established by the board, that are less than those established by this chapter as necessary for

      10. licensing as a pharmacist, and who works under the direction and supervision of a licensed


      11. pharmacist.


      12. (x) “Practice of pharmacy” means the interpretation, evaluation, and implementation of


      13. medical orders; the dispensing of prescription drug orders; participation in drug and device


      14. selection; the compounding of prescription drugs; drug regimen reviews and drug or drug-related

      15. research; the administration of adult immunizations and, medications approved by the department


      16. of health in consultation with the board of pharmacy for administration by a pharmacist except as


      17. provided by § 5-25-7, pursuant to a valid prescription or physician-approved protocol and in


      18. accordance with regulations, to include training requirements as promulgated by the department of


      19. health; the administration of all forms of influenza immunizations to individuals between the ages

      20. of nine (9) years and eighteen (18) years, inclusive, pursuant to a valid prescription or prescriber-


      21. approved protocol, in accordance with the provisions of § 5-19.1-31 and in accordance with


      22. regulations, to include necessary training requirements specific to the administration of influenza


      23. immunizations to individuals between the ages of nine (9) years and eighteen (18) years, inclusive,


      24. as promulgated by the department of health; provision of patient counseling and the provision of


      25. those acts or services necessary to provide pharmaceutical care; the responsibility for the

      26. supervision for compounding and labeling of drugs and devices (except labeling by a manufacturer,


      27. repackager, or distributor of nonprescription drugs and commercially packaged legend drugs and


      28. devices), proper and safe storage of drugs and devices, and maintenance of proper records for them;


      29. and the performance of clinical laboratory tests, provided such testing is limited to limited-function


      30. tests as defined herein; and engage in the independent prescribing of drugs, drug categories or

      31. devices in accordance with the provision of § 5-19.1-36.1. Nothing in this definition shall be


      32. construed to limit or otherwise affect the scope of practice of any other profession.


      33. (y) “Practitioner” means a physician, dentist, veterinarian, nurse, or other person duly


      34. authorized by law in the state in which they practice to prescribe drugs.

        1. (z) “Preceptor” means a pharmacist registered to engage in the practice of pharmacy in this


        2. state who has the responsibility for training interns.


        3. (aa) “Prescription” means an order for drugs or devices issued by the practitioner duly

        4. authorized by law in the state in which he or she practices to prescribe drugs or devices in the course


        5. of his or her professional practice for a legitimate medical purpose.


        6. (bb) “Wholesaler” means a person who buys drugs or devices for resale and distribution to


        7. corporations, individuals, or entities other than consumers.


        8. SECTION 2. Chapter 5-19.1 of the General Laws entitled "Pharmacies" is hereby amended


        9. by adding thereto the following section:

        10. 5-19.1-36.1. Pharmacists -- Drug categories -- Prescribing.


        11. (a) In accordance with this chapter and regulations adopted by the department of health, a


        12. pharmacist may engage in the independent prescribing of drugs, drug categories, or devices that


        13. are critical to the improvement of public health in accordance with such products' federal Food and


        14. Drug Administration-approved labeling:

        15. (1) Drugs for medication assisted treatment (MAT) of opioid use disorder;


        16. (2) Nicotine/tobacco cessation products;


        17. (3) Hyperlipidemia medications;


        18. (4) Inhalers for COPD or asthma;


        19. (5) Insulin and diabetes medications;

        20. (6) Drugs to treat hypertension;


        21. (7) Treatment for positive infectious disease point-of-care testing for influenza, COVID-


        22. 19, group A strep, and other infections approved by the director;


        23. (8) Such other drugs, drug categories, or devices set forth in the regulations promulgated


        24. by the department of health in collaboration with the board of pharmacy. A prescribing pharmacist


25 may order and review and clinical laboratory test necessary to appropriately prescribe and manage

  1. drugs and devices in accordance with this section.


  2. (b)  The  department, in  collaboration  with the board  of pharmacy, shall promulgate


  3. regulations, including educational requirements, authorizing a pharmacist to prescribe drugs, drug


  4. categories and devices in accordance with this section.


  5. (c) A pharmacist shall be authorized to charge fees in line with other practitioners for

  6. services or submit said fees to insurance for reimbursement in accordance with all state and federal


  7. laws governing insurance coverage.


  8. (d) The practice of independent prescribing by pharmacists is voluntary and shall not be


  9. mandated by employers or regulatory bodies within this state.

    1. SECTION 3. Sections 5-31.1-1, 5-31.1-6.1 and 5-31.1-39 of the General Laws in Chapter


    2. 5-31.1 entitled "Dentists and Dental Hygienists" are hereby amended to read as follows:


    3. 5-31.1-1. Definitions.

    4. As used in this chapter:


    5. (1) “Board” means the Rhode Island board of examiners in dentistry or any committee or


    6. subcommittee of the board.


    7. (2) “Chief of the division of oral health” means the chief of the division of oral health of


    8. the Rhode Island department of health who is a licensed dentist possessing a master’s degree in


    9. public health or a certificate in public health from an accredited program.

    10. (3) “Dental administrator” means the administrator of the Rhode Island board of examiners


    11. in dentistry.


    12. (4) “Dental hygienist” means a person with a license to practice dental hygiene in this state


    13. under the provisions of this chapter.


    14. (5) “Dentist” means a person with a license to practice dentistry in this state under the

    15. provisions of this chapter.


    16. (6) “Dentistry” is defined as the evaluation, diagnosis, prevention, and/or treatment


    17. (nonsurgical, surgical, or related procedures) of diseases, disorders, and/or conditions of the oral


    18. cavity, cranio-maxillofacial area, and/or the adjacent and associated structures and their impact on


    19. the human body, provided by a dentist, within the scope of his or her education, training, and

    20. experience, in accordance with the ethics of the profession and applicable law.


    21. (7) “Department” means the Rhode Island department of health.


    22. (8) “Direct visual supervision” means supervision by an oral and maxillofacial surgeon


    23. (with a permit to administer deep sedation and general anesthesia) by verbal command and under


    24. direct line of sight.


    25. (9) “Director” means the director of the Rhode Island department of health.

    26. (10) “Healthcare facility” means any institutional health service provider licensed pursuant


    27. to the provisions of chapter 17 of title 23.


    28. (11) “Health-maintenance organization” means a public or private organization licensed


    29. pursuant to the provisions of chapter 17 of title 23 or chapter 41 of title 27.


    30. (12) “Limited registrant” means a person holding a limited registration certificate pursuant

    31. to the provisions of this chapter.


    32. (13) “Nonprofit medical services corporation” or “nonprofit hospital service corporation”


    33. or “nonprofit dental service corporation” means any corporation organized pursuant to chapter 19


    34. or 20 of title 27 for the purpose of establishing, maintaining, and operating a nonprofit medical,

  1. hospital, or dental service plan.


  2. (14) “Peer-review board” means any committee of a state, local, dental or dental hygiene


  3. association or society, or a committee of any licensed healthcare facility, or the dental staff of the

  4. committee, or any committee of a dental care foundation or health-maintenance organization, or


  5. any staff committee or consultant of a hospital, medical, or dental service corporation, the function


  6. of which, or one of the functions of which, is to evaluate and improve the quality of dental care


  7. rendered by providers of dental care service or to determine that dental care services rendered were


  8. professionally indicated or were performed in compliance with the applicable standard of care or


  9. that the cost for dental care rendered was considered reasonable by the providers of professional

  10. dental care services in the area and includes a committee functioning as a utilization review


  11. committee under the provisions of Pub. L. No. 89-97, 42 U.S.C. § 1395 et seq. (Medicare law), or


  12. as a professional standards-review organization or statewide professional standards-review council


  13. under the provisions of Pub. L. No. 92-603, 42 U.S.C. § 1301 et seq. (professional standards-review


  14. organizations), or a similar committee or a committee of similar purpose, to evaluate or review the

  15. diagnosis or treatment of the performance or rendition of dental services performed under public


  16. dental programs of either state or federal design.


  17. (15) “Person” means any individual, partnership, firm, corporation, association, trust or


  18. estate, state or political subdivision, or instrumentality of a state.


  19. (16) “Practice of dental hygiene.” Any person is practicing dental hygiene within the

  20. meaning of this chapter who performs those services and procedures that a dental hygienist has


  21. been educated to perform and which services and procedures are, from time to time, specifically


  22. authorized by rules and regulations adopted by the board of examiners in dentistry. Dental


  23. hygienists may perform dental hygiene assessment, dental hygiene diagnosis, and dental hygiene


  24. treatment planning for dental hygiene services. Dental hygienists may prescribe, administer, and


  25. dispense fluoride supplements, topical anticaries treatments, topical antimicrobials including, but

  26. not limited to, chlorhexidine, and any other preventive dental supplements, treatments, and


  27. antimicrobials as determined by the board. Nothing in this section is construed to authorize a


  28. licensed dental hygienist to perform the following: diagnosis and treatment planning, surgical


  29. procedures on hard or soft tissue, prescribe medication except for the purpose of prevention of


  30. dental disease, or administer general anesthesia or injectables other than oral local anesthesia. A

  31. dental hygienist is only permitted to practice dental hygiene under the general supervision of a


  32. dentist licensed and registered in this state under the provisions of this chapter.


  33. (i) Provided, that in order to administer local injectable anesthesia to dental patients, dental


  34. hygienists must be under the supervision of a dentist and meet the requirements established by

  1. regulation of the board of examiners in dentistry including payment of a permit fee.


  2. (17)(i)(A) “Practice of dentistry.” Any person is practicing dentistry within the meaning of


  3. this chapter who:

  4. (I) Uses or permits to be used, directly or indirectly, for profit or otherwise, for himself,


  5. herself, or for any other person, in connection with his or her name, the word “dentist” or “dental


  6. surgeon,” or the title “D.D.S.” or “D.M.D.,” or any other words, letters, titles, or descriptive matter,


  7. personal or not, that directly or indirectly implies the practice of dentistry;


  8. (II) Owns, leases, maintains, operates a dental business in any office or other room or rooms


  9. where dental operations are performed, or directly or indirectly is manager, proprietor, or conductor

  10. of this business;


  11. (III) Directly or indirectly informs the public in any language, orally, in writing, or in


  12. printing, or by drawings, demonstrations, specimens, signs, or pictures that he or she can perform


  13. or will attempt to perform, dental operations of any kind;


  14. (IV) Undertakes, by any means or method, gratuitously, or for a salary, fee, money, or other

  15. reward paid or granted directly or indirectly to himself or herself, or to any other person, to diagnose


  16. or profess to diagnose, or to treat or profess to treat, or to prescribe for, or profess to prescribe for,


  17. any of the lesions, diseases, disorders, or deficiencies of the human oral cavity, teeth, gums,


  18. maxilla, or mandible, and/or adjacent associated structures;


  19. (V) Extracts human teeth, corrects malpositions of the teeth or of the jaws;

  20. (VI) Except on the written prescription of a licensed dentist and by the use of impressions


  21. or casts made by a licensed and practicing dentist, directly or indirectly by mail, carrier, personal


  22. agent, or by any other method, furnishes, supplies, constructs, reproduces, or repairs prosthetic


  23. dentures, bridges, appliances, or other structures to be used and worn as substitutes for natural teeth;


  24. (VII) Places those substitutes in the mouth and/or adjusts them;


  25. (VIII) Administers an anesthetic, either general or local, in the course of any of the

  26. previously stated dental procedures; or


  27. (IX) Engages in any of the practices included in the curricula of recognized dental colleges;


  28. (B) Provided, that in order to administer any form of anesthesia, other than local, dentists


  29. must meet the requirements established by regulation of the board of examiners in dentistry,


  30. including training in advanced cardiac life support and pediatric advanced life support, and

  31. payment of a permit fee.


  32. (ii) The board shall promulgate regulations relating to anesthesia. Those regulations shall


  33. be consistent with the American Dental Association guidelines for the use of conscious sedation,


  34. deep sedation, and general anesthesia in dentistry. Neither the board, nor any regulation

  1. promulgated by the board, shall require additional licensing fees for the use of nitrous oxide by


  2. dentists. Prior to the adoption of those regulations, dentists shall be permitted to administer


  3. anesthesia without restriction. From the proceeds of any fees collected pursuant to the provisions

  4. of this chapter, there is created a restricted receipts account that is used solely to pay for the


  5. administrative expenses incurred for expenses of administrating this chapter.


  6. (iii) No non-dentist who operates a dental facility in the form of a licensed outpatient


  7. healthcare center or management service organization may interfere with the professional judgment


  8. of a dentist in the practice.


  9. (18) “Telemedicine” has the same meaning as provided in § 27-81-3.

  10. 5-31.1-6.1. Dental hygienists and dental assistants.


  11. Dentists licensed pursuant to § 5-31.1-6 may supervise and delegate to any dental hygienist


  12. licensed pursuant to § 5-31.1-6, working under the dentist’s general supervision and who is


  13. employed on a regular basis by such dentists, any procedures that he or she may deem advisable;


  14. including initial oral-health-screening assessments and other procedures specified under section 13

  15. (or any comparable or successor section) of the rules and regulations pertaining to dentists and


  16. dental hygienists promulgated from time to time by the department of health, and any. Dental


  17. hygienists  may  prescribe,  administer,  and  dispense  fluoride  supplements,  topical  anticaries


  18. treatments, and topical antimicrobials including, but not limited to, chlorhexidine, for preventive


  19. dental purposes as determined by the board. Any such dental hygienists may engage in the practice

  20. of dental hygiene under the responsibility of the supervising dentists outside of the dentists’ office


  21. in order to render to residents of nursing facilities licensed pursuant to chapter 17 of title 23,


  22. whether or not such residents are patients of record of the supervising dentist, without the on-site


  23. direct supervision of a dentist licensed pursuant to § 5-31.1-6, those dental services, procedures,


  24. and duties that he or she has been educated to perform and that are authorized by the board of


  25. examiners in dentistry. Dental hygienists working under general supervision in nursing facilities

  26. shall provide documentation of initial oral health screening assessments to the supervising dentist


  27. and to the licensed nursing facility for appropriate follow-up assessment and treatment, as needed.


  28. 5-31.1-39. Public health hygienists.


  29. (a) Any public health dental hygienist, which for purposes of this chapter means any


  30. practicing registered dental hygienist who may perform dental-hygiene procedures in a public-

  31. health setting subject to conditions adopted by the Rhode Island board of examiners in dentistry,


  32. may perform in a public-health setting, without the immediate or direct supervision or direction of


  33. a dentist, any procedure or provide any service that is within the dental-hygiene scope of practice


  34. that has been authorized and adopted by the Rhode Island board of examiners in dentistry as a

  1. delegable procedure for a dental hygienist under general supervision in a private practice setting.


  2. (b) Public-health settings shall, for purposes of this section, include, but are not limited to,


  3. residences of the homebound, schools, nursing home and long-term-care facilities, clinics,

  4. hospitals, medical facilities, community health centers licensed or certified by the department of


  5. health, mobile and portable dental-health programs licensed or certified by the department of health


  6. and operated by a local or state agency, head-start programs, and any other facilities or programs


  7. deemed appropriate by the department of health.


  8. (c) Any public-health hygienist shall enter into a written, collaborative agreement with a


  9. local or state government agency or institution or with a licensed dentist who states that he or she

  10. shall be able to provide the appropriate level of communication and consultation with the dental


  11. hygienist to ensure patient health and safety prior to performing any procedure or providing any


  12. service under this section. The written, collaborative agreement will follow the appropriate


  13. guidelines as determined and established by the Rhode Island board of examiners in dentistry.


  14. (d) Any public-health dental hygienist shall provide to the patient, or to the patient’s legal

  15. guardian, a consent form to be signed by the patient or legal guardian. The consent form shall be


  16. consistent with current department of health policies that describes services to be rendered and


  17. explains that services rendered are not a substitute for a dental examination by a dentist. The


  18. consent form shall also inform the patient or legal guardian that the patient should obtain a dental


  19. examination by a dentist within ninety (90) days after undergoing a procedure authorized pursuant

  20. to this section. The patient or legal guardian shall also obtain written referral to a dentist and an


  21. assessment of further dental needs.


  22. (e) The public-health dental hygienist shall be directly reimbursed for services


  23. administered in a public-health setting by Medicaid or the state healthcare insurance program


  24. except as required by federal Medicaid law, but shall not and may seek reimbursement from any


  25. other insurance or third-party payor. A public-health dental hygienist shall not operate

  26. independently of a dentist, except for a dental hygienist working for a local or state government


  27. agency or institution or practicing in a mobile or portable prevention program licensed or certified


  28. by the department of health. In such cases, the local or state government agency or institution or


  29. mobile or portable prevention program licensed or certified by the department of health may seek


  30. reimbursement from any other third-party payor.

  31. (f) A public health dental hygienist may supervise a dental assistant performing assisting


  32. duties to facilitate provision of services within the scope of a dental-hygiene practice in the public


  33. health setting.


  34. SECTION 4. Chapter 5-34.3 of the General Laws entitled "Nurse Licensure Compact" is

    1. hereby amended by adding thereto the following section:


    2. 5-34.3-15. Sunset provision.


    3. Chapter 34.3 of this title entitled “nurse licensure compact” shall sunset and expire on

4 January 1, 2029.


  1. SECTION 5. Section 5-37-2.1 of the General Laws in Chapter 5-37 entitled "Board of


  2. Medical Licensure and Discipline" is hereby amended to read as follows:


  3. 5-37-2.1. Recertification — Continuing medical education.


  4. Effective beginning in calendar year 2004, every physician licensed to practice medicine


  5. within this state shall, in connection with biannual registration, on or before the first day of June in

  6. each even-numbered year, provide satisfactory evidence to the board of medical licensure and


  7. discipline that in the preceding two (2) years the practitioner has completed a prescribed course of


  8. continuing medical education established by the appropriate medical or osteopathic society and


  9. approved by rule or regulation of the director or by the board of medical licensure and discipline.


  10. At least one hour of the required continuing medical education credits every two (2) years must be

  11. related to the topic of nutrition. The board may extend for only one six-month (6) period these


  12. educational requirements if the board is satisfied that the applicant has suffered hardship that


  13. prevented meeting the educational requirement. No recertification to practice medicine in this state


  14. shall be refused, nor shall any certificate be suspended or revoked except: (1) As provided for in


  15. this chapter, and (2) For failure to provide satisfactory evidence of continuing medical education

  16. as provided for in this section.


  17. SECTION 6. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"


  18. is hereby amended by adding thereto the following chapter:


  19. CHAPTER 54.1


  20. PHYSICIAN ASSISTANT LICENSURE COMPACT


  21. 5-54.1-1. Short title.

  22. The Physician Assistant Licensure Compact, hereinafter referred to as the “PA Licensure


  23. Compact,” is hereby enacted into law and entered into by the State of Rhode Island with any and


  24. all states legally joining therein in accordance with its terms.


29 5-54.1-2. Purpose.


  1. In order to strengthen access to medical services, and in recognition of the advances in the

  2. delivery of medical services, the participating states of the PA licensure compact have allied in


  3. common purpose to develop a comprehensive process that complements the existing authority of


  4. state licensing boards to license and discipline PAs and seeks to enhance the portability of a license


  5. to practice as a PA while safeguarding the safety of patients. This compact allows medical services

  1. to be provided by PAs, via the mutual recognition of the licensee’s qualifying license by other


  2. compact participating states. This compact also adopts the prevailing standard for PA licensure and


  3. affirms that the practice and delivery of medical services by the PA occurs where the patient is

  4. located at the time of the patient encounter, and therefore requires the PA to be under the


  5. jurisdiction of the state licensing board where the patient is located. State licensing boards that


  6. participate in this compact retain the jurisdiction to impose adverse action against a compact


  7. privilege in that state issued to a PA through the procedures of this compact. The PA licensure


  8. compact will alleviate burdens for military families by allowing active duty military personnel and


  9. their spouses to obtain a compact privilege based on having an unrestricted license in good standing

  10. from a participating state.


  11. 5-54.1-3. Definitions.


  12. As used in this compact:


  13. (1)  “Adverse  action”  means  any  administrative,  civil,  equitable,  or  criminal  action


  14. permitted by a state’s laws which is imposed by a licensing board or other authority against a PA

  15. license or license application or compact privilege such as license denial, censure, revocation,


  16. suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.


  17. (2) “Compact privilege” means the authorization granted by a remote state to allow a


  18. licensee from another participating state to practice as a PA to provide medical services and other


  19. licensed activity to a patient located in the remote state under the remote state’s laws and

  20. regulations.


  21. (3) “Conviction” means a finding by a court that an individual is guilty of a felony or


  22. misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by


  23. the offender.


  24. (4) “Criminal background check” means the submission of fingerprints or other biometric-


  25. based information for a license applicant for the purpose of obtaining that applicant’s criminal

  26. history record information, as defined in 28 C.F.R. § 20.3(d), from the state’s criminal history


  27. record repository as defined in 28 C.F.R. § 20.3(f).


  28. (5) “Data system” means the repository of information about licensees, including but not


  29. limited to license status and adverse actions, which is created and administered under the terms of


  30. this compact.

  31. (6) “Executive committee” means a group of directors and ex-officio individuals elected


  32. or appointed pursuant to § 5-54.1-7(f)(2).


  33. (7) “Impaired practitioner” means a PA whose practice is adversely affected by health-


  34. related condition(s) that impact their ability to practice.

    1. (8) “Investigative information” means information, records, or documents received or


    2. generated by a licensing board pursuant to an investigation.


    3. (9) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the

    4. laws and rules governing the practice of a PA in a state.


    5. (10) “License” means current authorization by a state, other than authorization pursuant to


    6. a compact privilege, for a PA to provide medical services, which would be unlawful without current


    7. authorization.


    8. (11) “Licensee” means an individual who holds a license from a state to provide medical


    9. services as a PA.

    10. (12) “Licensing board” means any state entity authorized to license and otherwise regulate


    11. PAs.


    12. (13) “Medical services” means health care services provided for the diagnosis, prevention,


    13. treatment, cure or relief of a health condition, injury, or disease, as defined by a state’s laws and


    14. regulations.

    15. (14) “Model compact” means the model for the PA licensure compact on file with the


    16. council of state governments or other entity as designated by the commission.


    17. (15) “Participating state” means a state that has enacted this compact.


    18. (16) “PA” means an individual who is licensed as a physician assistant in a state. For


    19. purposes of this compact, any other title or status adopted by a state to replace the term “physician

    20. assistant” shall be deemed synonymous with “physician assistant” and shall confer the same rights


    21. and responsibilities to the licensee under the provisions of this compact at the time of its enactment.


    22. (17) “PA licensure compact commission,” “compact commission,” or “commission”


    23. means the national administrative body created pursuant to § 5-54.1-7(a) of this compact.


    24. (18) “Qualifying license” means an unrestricted license issued by a participating state to


    25. provide medical services as a PA.

    26. (19) “Remote state” means a participating state where a licensee who is not licensed as a


    27. PA is exercising or seeking to exercise the compact privilege.


    28. (20) “Rule” means a regulation promulgated by an entity that has the force and effect of


    29. law.


    30. (21)  “Significant  investigative  information”  means  investigative  information  that  a

    31. licensing board, after an inquiry or investigation that includes notification and an opportunity for


    32. the PA to respond if required by state law, has reason to believe is not groundless and, if proven


    33. true, would indicate more than a minor infraction.


    34. (22) “State” means any formally recognized state, commonwealth, district, or territory of

      1. the United States.


      2. 5-54.1-4. State participation in this compact.


      3. (a) To participate in this compact, a participating state shall:

      4. (1) License PAs.


      5. (2) Participate in the compact commission’s data system.


      6. (3) Have a mechanism in place for receiving and investigating complaints against licensees


      7. and license applicants.


      8. (4) Notify the commission, in compliance with the terms of this compact and commission


      9. rules, of any adverse action against a licensee or license applicant and the existence of significant

      10. investigative information regarding a licensee or license applicant.


      11. (5) Fully implement a criminal background check requirement, within a time frame


      12. established  by  commission  rule,  by  its  licensing  board  receiving  the  results  of  a  criminal


      13. background check and reporting to the commission whether the license applicant has been granted


      14. a license.

      15. (6) Comply with the rules of the compact commission.


      16. (7) Utilize passage of a recognized national exam such as the National Commission on


      17. Certification  of  Physician  Assistants  (NCCPA)  Physician  Assistant  National  Certifying


      18. Examination (PANCE) as a requirement for PA licensure.


      19. (8) Grant the compact privilege to a holder of a qualifying license in a participating state.

      20. (b) Nothing in this compact prohibits a participating state from charging a fee for granting


      21. the compact privilege.


      22. 5-54.1-5. Compact privilege.


      23. (a) To exercise the compact privilege, a licensee must:


      24. (1)  Have  graduated  from  a  PA  program  accredited  by  the  Accreditation  Review


      25. Commission on Education for the Physician Assistant, Inc. or other programs authorized by

      26. commission rule.


      27. (2) Hold current NCCPA certification.


      28. (3) Have no felony or misdemeanor conviction.


      29. (4) Have never had a controlled substance license, permit, or registration suspended or


      30. revoked by a state or by the United States Drug Enforcement Administration.

      31. (5) Have a unique identifier as determined by commission rule.


      32. (6) Hold a qualifying license.


      33. (7) Have had no revocation of a license or limitation or restriction on any license currently


      34. held due to an adverse action.

        1. (8) If a licensee has had a limitation or restriction on a license or compact privilege due to


        2. an adverse action, two (2) years must have elapsed from the date on which the license or compact


        3. privilege is no longer limited or restricted due to the adverse action.

        4. (9) If a compact privilege has been revoked or is limited or restricted in a participating state


        5. for conduct that would not be a basis for disciplinary action in a participating state in which the


        6. licensee is practicing or applying to practice under a compact privilege, that participating state shall


        7. have the discretion not to consider such action as an adverse action requiring the denial or removal


        8. of a compact privilege in that state.


        9. (10) Notify the compact commission that the licensee is seeking the compact privilege in

        10. a remote state.


        11. (11) Meet any jurisprudence requirement of a remote state in which the licensee is seeking


        12. to practice under the compact privilege and pay any fees applicable to satisfying the jurisprudence


        13. requirement.


        14. (12) Report to the commission any adverse action taken by a non-participating state within

        15. thirty (30) days after the action is taken.


        16. (b) The compact privilege is valid until the expiration or revocation of the qualifying


        17. license unless terminated pursuant to an adverse action. The licensee must also comply with all of


        18. the requirements of subsection (a) of this section to maintain the compact privilege in a remote


        19. state. If the participating state takes adverse action against a qualifying license, the licensee shall

        20. lose the compact privilege in any remote state in which the licensee has a compact privilege until


        21. all of the following occur:


        22. (1) The license is no longer limited or restricted; and


        23. (2) Two (2) years have elapsed from the date on which the license is no longer limited or


        24. restricted due to the adverse action.


        25. (c) Once a restricted or limited license satisfies the requirements of subsection (b)(1) and

        26. (b)(2) of this section, the licensee must meet the requirements of subsection (a) of this section to


        27. obtain a compact privilege in any remote state.


        28. (d) For each remote state in which a PA seeks authority to prescribe controlled substances,


        29. the PA shall satisfy all requirements imposed by such state in granting or renewing such authority.


        30. 5-54.1-6. Designation of the state from which licensee is applying for a compact

        31. privilege.


        32. (a) Upon a licensee’s application for a compact privilege, the licensee shall identify to the


        33. commission the participating state from which the licensee is applying, in accordance with


        34. applicable rules adopted by the commission, and subject to the following requirements:

          1. (1) When applying for a compact privilege, the licensee shall provide the commission with


          2. the address of the licensee’s primary residence and thereafter shall immediately report to the


          3. commission any change in the address of the licensee’s primary residence.

          4. (2) When applying for a compact privilege, the licensee is required to consent to accept


          5. service of process by mail at the licensee’s primary residence on file with the commission with


          6. respect to any action brought against the licensee by the commission or a participating state,


          7. including a subpoena, with respect to any action brought or investigation conducted by the


          8. commission or a participating state.


          9. 5-54.1-7. Adverse actions.

          10. (a) A participating state in which a licensee is licensed shall have exclusive power to


          11. impose adverse action against the qualifying license issued by that participating state.


          12. (b) In addition to the other powers conferred by state law, a remote state shall have the


          13. authority, in accordance with existing state due process law, to do all of the following:


          14. (1) Take adverse action against a PA’s compact privilege within that state to remove a

          15. licensee’s compact privilege or take other action necessary under applicable law to protect the


          16. health and safety of its citizens.


          17. (2) Issue subpoenas for both hearings and investigations that require the attendance and


          18. testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board


          19. in a participating state for the attendance and testimony of witnesses or the production of evidence

          20. from another participating state shall be enforced in the latter state by any court of competent


          21. jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in


          22. proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses,


          23. mileage and other fees required by the service statutes of the state in which the witnesses or


          24. evidence are located.


          25. (3) Notwithstanding subsection (b)(2) of this section, subpoenas may not be issued by a

          26. participating state to gather evidence of conduct in another state that is lawful in that other state for


          27. the purpose of taking adverse action against a licensee’s compact privilege or application for a


          28. compact privilege in that participating state.


          29. (4) Nothing in this compact authorizes a participating state to impose discipline against a


          30. PA’s compact privilege or to deny an application for a compact privilege in that participating state

          31. for the individual’s otherwise lawful practice in another state.


          32. (c) For purposes of taking adverse action, the participating state which issued the qualifying


          33. license shall give the same priority and effect to reported conduct received from any other


          34. participating state as it would if the conduct had occurred within the participating state which issued

  1. the qualifying license. In so doing, that participating state shall apply its own state laws to determine


  2. appropriate action.


  3. (d) A participating state, if otherwise permitted by state law, may recover from the affected

  4. PA the costs of investigations and disposition of cases resulting from any adverse action taken


  5. against that PA.


  6. (e) A participating state may take adverse action based on the factual findings of a remote


  7. state, provided that the participating state follows its own procedures for taking the adverse action.


  8. (f) Joint investigations.


  9. (1) In addition to the authority granted to a participating state by its respective state PA

  10. laws and regulations or other applicable state law, any participating state may participate with other


  11. participating states in joint investigations of licensees.


  12. (2) Participating states shall share any investigative, litigation, or compliance materials in


  13. furtherance of any joint or individual investigation initiated under this compact.


  14. (g) If an adverse action is taken against a PA’s qualifying license, the PA’s compact

  15. privilege in all remote states shall be deactivated until two (2) years have elapsed after all


  16. restrictions have been removed from the state license. All disciplinary orders by the participating


  17. state which issued the qualifying license that impose adverse action against a PA’s license shall


  18. include a statement that the PA’s compact privilege is deactivated in all participating states during


  19. the pendency of the order.

  20. (h) If any participating state takes adverse action, it promptly shall notify the administrator


  21. of the data system.


  22. 5-54.1-8. Establishment of the PA licensure compact commission.


  23. (a) The participating states hereby create and establish a joint government agency and


  24. national administrative body known as the PA licensure compact commission. The commission is


  25. an instrumentality of the compact states acting jointly and not an instrumentality of any one state.

  26. The commission shall come into existence on or after the effective date of the compact as set forth


  27. in § 5-54.1-11(a).


  28. (b) Membership, voting, and meetings.


  29. (1) Each participating state shall have and be limited to one delegate selected by that


  30. participating state’s licensing board or, if the state has more than one licensing board, selected

  31. collectively by the participating state’s licensing boards.


  32. (2) The delegate shall be either:


  33. (i)  A  current  PA,  physician  or  public  member  of  a  licensing  board  or  PA


  34. council/committee; or

    1. (ii) An administrator of a licensing board.


    2. (3) Any delegate may be removed or suspended from office as provided by the laws of the


    3. state from which the delegate is appointed.

    4. (4)  The  participating  state  licensing  board  shall  fill  any  vacancy  occurring  in  the


    5. commission within sixty (60) days.


    6. (5) Each delegate shall be entitled to one vote on all matters voted on by the commission


    7. and shall otherwise have an opportunity to participate in the business and affairs of the commission.


    8. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may


    9. provide for delegates’ participation in meetings by telecommunications, video conference, or other

    10. means of communication.


    11. (6) The commission shall meet at least once during each calendar year. Additional meetings


    12. shall be held as set forth in this compact and the bylaws.


    13. (7) The commission shall establish by rule a term of office for delegates.


    14. (c) The commission shall have the following powers and duties:

    15. (1) Establish a code of ethics for the commission;


    16. (2) Establish the fiscal year of the commission;


    17. (3) Establish fees;


    18. (4) Establish bylaws;


    19. (5) Maintain its financial records in accordance with the bylaws;

    20. (6) Meet and take such actions as are consistent with the provisions of this compact and


    21. the bylaws;


    22. (7) Promulgate rules to facilitate and coordinate implementation and administration of this


    23. compact. The rules shall have the force and effect of law and shall be binding in all participating


    24. states;


    25. (8) Bring and prosecute legal proceedings or actions in the name of the commission,

    26. provided that the standing of any state licensing board to sue or be sued under applicable law shall


    27. not be affected;


    28. (9) Purchase and maintain insurance and bonds;


    29. (10) Borrow, accept, or contract for services of personnel including, but not limited to,


    30. employees of a participating state;

    31. (11) Hire employees and engage contractors, elect or appoint officers, fix compensation,


    32. define duties, grant such individuals appropriate authority to carry out the purposes of this compact,


    33. and establish the commission’s personnel policies and programs relating to conflicts of interest,


    34. qualifications of personnel, and other related personnel matters;

      1. (12) Accept any and all appropriate donations and grants of money, equipment, supplies,


      2. materials and services, and receive, utilize and dispose of the same; provided that at all times the


      3. commission shall avoid any appearance of impropriety or conflict of interest;

      4. (13) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,


      5. improve or use, any property, real, personal or mixed; provided that at all times the commission


      6. shall avoid any appearance of impropriety;


      7. (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any


      8. property real, personal, or mixed;


      9. (15) Establish a budget and make expenditures;

      10. (16) Borrow money;


      11. (17) Appoint committees, including standing committees composed of members, state


      12. regulators, state legislators or their representatives, and consumer representatives, and such other


      13. interested persons as may be designated in this compact and the bylaws;


      14. (18) Provide and receive information from, and cooperate with, law enforcement agencies;

      15. (19) Elect a chair, vice chair, secretary and treasurer and such other officers of the


      16. commission as provided in the commission’s bylaws;


      17. (20) Reserve for itself, in addition to those reserved exclusively to the commission under


      18. the compact, powers that the executive committee may not exercise;


      19. (21)  Approve  or  disapprove  a  state’s  participation  in  the  compact  based  upon  its

      20. determination as to whether the state’s compact legislation departs in a material manner from the


      21. model compact language;


      22. (22) Prepare and provide to the participating states an annual report; and


      23. (23) Perform such other functions as may be necessary or appropriate to achieve the


      24. purposes of this compact consistent with the state regulation of PA licensure and practice.


      25. (d) Meetings of the commission.

      26. (1) All meetings of the commission that are not closed pursuant to this subsection shall be


      27. open to the public. Notice of public meetings shall be posted on the commission’s website at least


      28. thirty (30) days prior to the public meeting.


      29. (2) Notwithstanding subsection (d)(1) of this section, the commission may convene a


      30. public meeting by providing at least twenty-four (24) hours prior notice on the commission’s

      31. website, and any other means as provided in the commission’s rules, for any of the reasons it may


      32. dispense with notice of proposed rulemaking under § 5-54.1-9(l).


      33. (3) The commission may convene in a closed, non-public meeting or non-public part of a


      34. public meeting to receive legal advice or to discuss:

        1. (i) Non-compliance of a participating state with its obligations under this compact;


        2. (ii) The employment, compensation, discipline or other matters, practices or procedures


        3. related to specific employees or other matters related to the commission’s internal personnel

        4. practices and procedures;


        5. (iii) Current, threatened, or reasonably anticipated litigation;


        6. (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real


        7. estate;


        8. (v) Accusing any person of a crime or formally censuring any person;


        9. (vi) Disclosure of trade secrets or commercial or financial information that is privileged or

        10. confidential;


        11. (vii) Disclosure of information of a personal nature where disclosure would constitute a


        12. clearly unwarranted invasion of personal privacy;


        13. (viii) Disclosure of investigative records compiled for law enforcement purposes;


        14. (ix) Disclosure of information related to any investigative reports prepared by or on behalf

        15. of or for use of the commission or other committee charged with responsibility of investigation or


        16. determination of compliance issues pursuant to this compact;


        17. (x) Legal advice; or


        18. (xi) Matters specifically exempted from disclosure by federal or participating states’


        19. statutes.

        20. (4) If a meeting, or portion of a meeting, is closed pursuant to this provision, the chair of


        21. the meeting or the chair’s designee shall certify that the meeting or portion of the meeting may be


        22. closed and shall reference each relevant exempting provision.


        23. (5) The commission shall keep minutes that fully and clearly describe all matters discussed


        24. in a meeting and shall provide a full and accurate summary of actions taken, including a description


        25. of the views expressed. All documents considered in connection with an action shall be identified

        26. in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject


        27. to release by a majority vote of the commission or order of a court of competent jurisdiction.


        28. (e) Financing of the commission.


        29. (1) The commission shall pay, or provide for the payment of, the reasonable expenses of


        30. its establishment, organization, and ongoing activities.

        31. (2) The commission may accept any and all appropriate revenue sources, donations, and


        32. grants of money, equipment, supplies, materials, and services.


        33. (3) The commission may levy on and collect an annual assessment from each participating


        34. state and may impose compact privilege fees on licensees of participating states to whom a compact

  1. privilege is granted to cover the cost of the operations and activities of the commission and its staff,


  2. which must be in a total amount sufficient to cover its annual budget as approved by the commission


  3. each year for which revenue is not provided by other sources. The aggregate annual assessment

  4. amount levied on participating states shall be allocated based upon a formula to be determined by


  5. commission rule.


  6. (i) A compact privilege expires when the licensee’s qualifying license in the participating


  7. state from which the licensee applied for the compact privilege expires.


  8. (ii) If the licensee terminates the qualifying license through which the licensee applied for


  9. the compact privilege before its scheduled expiration, and the licensee has a qualifying license in

  10. another participating state, the licensee shall inform the commission that it is changing to that


  11. participating state the participating state through which it applies for a compact privilege and pay


  12. to the commission any compact privilege fee required by commission rule.


  13. (4) The commission shall not incur obligations of any kind prior to securing the funds


  14. adequate to meet the same; nor shall the commission pledge the credit of any of the participating

  15. states, except by and with the authority of the participating state.


  16. (5) The commission shall keep accurate accounts of all receipts and disbursements. The


  17. receipts  and  disbursements  of  the  commission  shall  be  subject  to  the  financial  review and


  18. accounting procedures established under its bylaws. All receipts and disbursements of funds


  19. handled by the commission shall be subject to an annual financial review by a certified or licensed

  20. public accountant, and the report of the financial review shall be included in and become part of


  21. the annual report of the commission.


  22. (f) The executive committee.


  23. (1) The executive committee shall have the power to act on behalf of the commission


  24. according to the terms of this compact and commission rules.


  25. (2) The executive committee shall be composed of nine (9) members:

  26. (i) Seven (7) voting members who are elected by the commission from the current


  27. membership of the commission;


  28. (ii)  One  ex-officio,  nonvoting  member  from  a  recognized  national  PA  professional


  29. association; and


  30. (iii) One ex-officio, nonvoting member from a recognized national PA certification

  31. organization.


  32. (3) The ex-officio members will be selected by their respective organizations.


  33. (4) The commission may remove any member of the executive committee as provided in


  34. its bylaws.

    1. (5) The executive committee shall meet at least annually.


    2. (6) The executive committee shall have the following duties and responsibilities:


    3. (i) Recommend to the commission changes to the commission’s rules or bylaws, changes

    4. to this compact legislation, fees to be paid by compact participating states such as annual dues, and


    5. any commission compact fee charged to licensees for the compact privilege;


    6. (ii) Ensure compact administration services are appropriately provided, contractual or


    7. otherwise;


    8. (iii) Prepare and recommend the budget;


    9. (iv) Maintain financial records on behalf of the commission;

    10. (v) Monitor compact compliance of participating states and provide compliance reports to


    11. the commission.


    12. (vi) Establish additional committees as necessary;


    13. (vii) Exercise the powers and duties of the commission during the interim between


    14. commission meetings, except for issuing proposed rulemaking or adopting commission rules or

    15. bylaws, or exercising any other powers and duties exclusively reserved to the commission by the


    16. commission’s rules; and


    17. (viii) Perform other duties as provided in the commission’s rules or bylaws.


    18. (7) All meetings of the executive committee at which it votes or plans to vote on matters


    19. in exercising the powers and duties of the commission shall be open to the public and public notice

    20. of such meetings shall be given as public meetings of the commission are given.


    21. (8) The executive committee may convene in a closed, non-public meeting for the same


    22. reasons that the commission may convene in a non-public meeting as set forth in subsection (d)(3)


    23. of this section and shall announce the closed meeting as the commission is required to under


    24. subsection (d)(4) of this section and keep minutes of the closed meeting as the commission is


    25. required to under section subsection (d)(5) of this section.

    26. (g) Qualified immunity, defense, and indemnification.


    27. (1) The members, officers, executive director, employees and representatives of the


    28. commission shall be immune from suit and liability, both personally and in their official capacity,


    29. for any claim for damage to or loss of property or personal injury or other civil liability caused by


    30. or arising out of any actual or alleged act, error, or omission that occurred, or that the person against

    31. whom the claim is made had a reasonable basis for believing occurred within the scope of


    32. commission employment, duties or responsibilities; provided that nothing in this paragraph shall


    33. be construed to protect any such person from suit or liability for any damage, loss, injury, or liability


    34. caused by the intentional or willful or wanton misconduct of that person. The procurement of

  1. insurance of any type by the commission shall not in any way compromise or limit the immunity


  2. granted hereunder.


  3. (2) The commission shall defend any member, officer, executive director, employee, and

  4. representative of the commission in any civil action seeking to impose liability arising out of any


  5. actual or alleged act, error, or omission that occurred within the scope of commission employment,


  6. duties, or responsibilities, or as determined by the commission that the person against whom the


  7. claim is made had a reasonable basis for believing occurred within the scope of commission


  8. employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit


  9. that person from retaining their own counsel at their own expense; and provided further, that the

  10. actual or alleged act, error, or omission did not result from that person’s intentional or willful or


  11. wanton misconduct.


  12. (3) The commission shall indemnify and hold harmless any member, officer, executive


  13. director, employee, and representative of the commission for the amount of any settlement or


  14. judgment obtained against that person arising out of any actual or alleged act, error, or omission

  15. that occurred within the scope of commission employment, duties, or responsibilities, or that such


  16. person had a reasonable basis for believing occurred within the scope of commission employment,


  17. duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result


  18. from the intentional or willful or wanton misconduct of that person.


  19. (4) Venue is proper and judicial proceedings by or against the commission shall be brought

  20. solely and exclusively in a court of competent jurisdiction where the principal office of the


  21. commission is located. The commission may waive venue and jurisdictional defenses in any


  22. proceedings as authorized by commission rules.


  23. (5) Nothing herein shall be construed as a limitation on the liability of any licensee for


  24. professional malpractice or misconduct, which shall be governed solely by any other applicable


  25. state laws.

  26. (6) Nothing herein shall be construed to designate the venue or jurisdiction to bring actions


  27. for alleged acts of malpractice, professional misconduct, negligence, or other such civil action


  28. pertaining to the practice of a PA. All such matters shall be determined exclusively by state law


  29. other than this compact.


  30. (7)  Nothing  in  this  compact  shall  be  interpreted  to  waive  or  otherwise  abrogate  a

  31. participating state’s state action immunity or state action affirmative defense with respect to


  32. antitrust claims under 15 USC 1 et seq. (Sherman Act), as amended from time to time, 15 USC 12-


  33. 27 (Clayton Act), as amended from time to time, or any other state or federal antitrust or


  34. anticompetitive law or regulation.

    1. (8) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the


    2. participating states or by the commission.


    3. 5-54.1-9. Data system.

    4. (a) The commission shall provide for the development, maintenance, operation, and


    5. utilization of a coordinated data and reporting system containing licensure, adverse action, and the


    6. reporting of the existence of significant investigative information on all licensed PAs and applicants


    7. denied a license in participating states.


    8. (b) Notwithstanding any other state law to the contrary, a participating state shall submit a


    9. uniform data set to the data system on all PAs to whom this compact is applicable (utilizing a

    10. unique identifier) as required by the rules of the commission, including:


    11. (1) Identifying information;


    12. (2) Licensure data;


    13. (3) Adverse actions against a license or compact privilege;


    14. (4) Any denial of application for licensure, and the reason(s) for such denial, excluding the

    15. reporting of any criminal history record information prohibited by section 5-54.1-13.1 of this


    16. chapter or other state or federal law;


    17. (5) The existence of significant investigative information; and


    18. (6) Other information that may facilitate the administration of this compact, as determined


    19. by the rules of the commission.

    20. (c) Significant investigative information pertaining to a licensee in any participating state


    21. shall only be available to other participating states.


    22. (d) The commission shall promptly notify all participating states of any adverse action


    23. taken against a licensee or an individual applying for a license that has been reported to it. This


    24. adverse action information shall be available to any other participating state.


    25. (e) Participating states contributing information to the data system may, in accordance with

    26. state or federal law, designate information that may not be shared with the public without the


    27. express  permission  of  the  contributing  state.  Notwithstanding  any  such  designation,  such


    28. information shall be reported to the commission through the data system.


    29. (f) Any information submitted to the data system that is subsequently expunged pursuant


    30. to federal law or the laws of the participating state contributing the information shall be removed

    31. from the data system upon reporting of such by the participating state to the commission.


    32. (g) The records and information provided to a participating state pursuant to this compact


    33. or through the data system, when certified by the commission or an agent thereof, shall constitute


    34. the authenticated business records of the commission, and shall be entitled to any associated

  1. hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a


  2. participating state.


3 5-54.1-10. Rulemaking.

  1. (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth


  2. in this section and the rules adopted thereunder. Commission rules shall become binding as of the


  3. date specified by the commission for each rule.


  4. (b) The commission shall promulgate reasonable rules in order to effectively and efficiently


  5. implement and administer this compact and achieve its purposes. A commission rule shall be


  6. invalid and have not force or effect only if a court of competent jurisdiction holds that the rule is

  7. invalid because the commission exercised its rulemaking authority in a manner that is beyond the


  8. scope of the purposes of this compact, or the powers granted hereunder, or based upon another


  9. applicable standard of review.


  10. (c) The rules of the commission shall have the force of law in each participating state,


  11. provided however that where the rules of the commission conflict with the laws of the participating

  12. state that establish the medical services a PA may perform in the participating state, as held by a


  13. court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the


  14. extent of the conflict.


  15. (d) If a majority of the legislatures of the participating states rejects a commission rule, by


  16. enactment of a statute or resolution in the same manner used to adopt this compact within four (4)

  17. years of the date of adoption of the rule, then such rule shall have no further force and effect in any


  18. participating state or to any state applying to participate in the compact.


  19. (e) Commission rules shall be adopted at a regular or special meeting of the commission.


  20. (f) Prior to promulgation and adoption of a final rule or rules by the commission, and at


  21. least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon,


  22. the commission shall file a notice of proposed rulemaking:

  23. (1) On the website of the commission or other publicly accessible platform; and


  24. (2) To persons who have requested notice of the commission’s notices of proposed


  25. rulemaking, and


  26. (3) In such other way(s) as the commission may by rule specify.


  27. (g) The notice of proposed rulemaking shall include:

  28. (1) The time, date, and location of the public hearing on the proposed rule and the proposed


  29. time, date and location of the meeting in which the proposed rule will be considered and voted


  30. upon;


  31. (2) The text of the proposed rule and the reason for the proposed rule;

  1. (3) A request for comments on the proposed rule from any interested person and the date


  2. by which written comments must be received; and


  3. (4) The manner in which interested persons may submit notice to the commission of their

  4. intention to attend the public hearing or provide any written comments.


  5. (h) Prior to adoption of a proposed rule, the commission shall allow persons to submit


  6. written data, facts, opinions, and arguments, which shall be made available to the public.


  7. (i) If the hearing is to be held via electronic means, the commission shall publish the


  8. mechanism for access to the electronic hearing.


  9. (1) All persons wishing to be heard at the hearing shall as directed in the notice of proposed

  10. rulemaking, not less than five (5) business days before the scheduled date of the hearing, notify the


  11. commission of their desire to appear and testify at the hearing.


  12. (2) Hearings shall be conducted in a manner providing each person who wishes to comment


  13. a fair and reasonable opportunity to comment orally or in writing.


  14. (3) All hearings shall be recorded. A copy of the recording and the written comments, data,

  15. facts, opinions, and arguments received in response to the proposed rulemaking shall be made


  16. available to a person upon request.


  17. (4) Nothing in this section shall be construed as requiring a separate hearing on each


  18. proposed rule. Proposed rules may be grouped for the convenience of the commission at hearings


  19. required by this section.

  20. (j) Following the public hearing the commission shall consider all written and oral


  21. comments timely received.


  22. (k) The commission shall, by majority vote of all delegates, take final action on the


  23. proposed rule and shall determine the effective date of the rule, if adopted, based on the rulemaking


  24. record and the full text of the rule.


  25. (1) If adopted, the rule shall be posted on the commission’s website.

  26. (2) The commission may adopt changes to the proposed rule provided the changes do not


  27. enlarge the original purpose of the proposed rule.


  28. (3)  The  commission shall provide  on its  website an  explanation of  the  reasons  for


  29. substantive changes made to the proposed rule as well as reasons for substantive changes not made


  30. that were recommended by commenters.

  31. (4) The commission shall determine a reasonable effective date for the rule. Except for an


  32. emergency as provided in subsection (l) of this section, the effective date of the rule shall be no


  33. sooner than thirty (30) days after the commission issued the notice that it adopted the rule.


  34. (l) Upon determination that an emergency exists, the commission may consider and adopt

    1. an emergency rule with twenty-four (24) hours prior notice, without the opportunity for comment,


    2. or hearing, provided that the usual rulemaking procedures provided in this compact and in this


    3. section hall be retroactively applied to the rule as soon as reasonably possible, in no event later than

    4. ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency


    5. rule is one that must be adopted immediately by the commission in order to:


    6. (1) Meet an imminent threat to public health, safety, or welfare;


    7. (2) Prevent a loss of commission or participating state funds;


    8. (3) Meet a deadline for the promulgation of a commission rule that is established by federal


    9. law or rule; or

    10. (4) Protect public health and safety.


    11. (m) The commission or an authorized committee of the commission may direct revisions


    12. to a previously adopted commission rule for purposes of correcting typographical errors, errors in


    13. format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted


    14. on the website of the commission. The revision shall be subject to challenge by any person for a

    15. period of thirty (30) days after posting. The revision may be challenged only on grounds that the


    16. revision results in a material change to a rule. A challenge shall be made as set forth in the notice


    17. of revisions and delivered to the commission prior to the end of the notice period. If no challenge


    18. is made, the revision will take effect without further action. If the revision is challenged, the


    19. revision may not take effect without the approval of the commission.

    20. (n) No participating state’s rulemaking requirements shall apply under this compact.


    21. 5-54.1-11. Oversight, dispute resolution, and enforcement.


    22. (a) Oversight


    23. (1) The executive and judicial branches of state government in each participating state shall


    24. enforce this compact and take all actions necessary and appropriate to implement the compact.


    25. (2) Venue is proper and judicial proceedings by or against the commission shall be brought

    26. solely and exclusively in a court of competent jurisdiction where the principal office of the


    27. commission is located. The commission may waive venue and jurisdictional defenses to the extent


    28. it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein


    29. shall affect or limit the selection or propriety of venue in any action against a licensee for


    30. professional malpractice, misconduct or any such similar matter.

    31. (3) The commission shall be entitled to receive service of process in any proceeding


    32. regarding the enforcement or interpretation of the compact or the commission’s rules and shall have


    33. standing to intervene in such a proceeding for all purposes. Failure to provide the commission with


    34. service of process shall render a judgment or order in such proceeding void as to the commission,

  1. this compact, or commission rules.


  2. (b) Default, technical assistance, and termination.


  3. (1) If the commission determines that a participating state has defaulted in the performance

  4. of its obligations or responsibilities under this compact or the commission rules, the commission


  5. shall provide written notice to the defaulting state and other participating states. The notice shall


  6. describe the default, the proposed means of curing the default and any other action that the


  7. commission may take and shall offer remedial training and specific technical assistance regarding


  8. the default.


  9. (2) If a state in default fails to cure the default, the defaulting state may be terminated from

  10. this compact upon an affirmative vote of a majority of the delegates of the participating states, and


  11. all rights, privileges and benefits conferred by this compact upon such state may be terminated on


  12. the effective date of termination. A cure of the default does not relieve the offending state of


  13. obligations or liabilities incurred during the period of default.


  14. (3) Termination of participation in this compact shall be imposed only after all other means

  15. of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given


  16. by the commission to the governor, the majority and minority leaders of the defaulting state’s


  17. legislature, and to the licensing board(s) of each of the participating states.


  18. (4) A state that has been terminated is responsible for all assessments, obligations, and


  19. liabilities incurred through the effective date of termination, including obligations that extend

  20. beyond the effective date of termination.


  21. (5) The commission shall not bear any costs related to a state that is found to be in default


  22. or that has been terminated from this compact, unless agreed upon in writing between the


  23. commission and the defaulting state.


  24. (6) The defaulting state may appeal its termination from the compact by the commission


  25. by petitioning the United States District Court for the District of Columbia or the federal district

  26. where the commission has its principal offices. The prevailing member shall be awarded all costs


  27. of such litigation, including reasonable attorney’s fees.


  28. (7)  Upon  the  termination  of  a  state’s  participation  in  the  compact,  the  state  shall


  29. immediately provide notice to all licensees within that state of such termination:


  30. (i) Licensees who have been granted a compact privilege in that state shall retain the

  31. compact  privilege  for  one  hundred  eighty  (180)  days  following  the  effective  date  of  such


  32. termination.


  33. (ii) Licensees who are licensed in that state who have been granted a compact privilege in


  34. a participating state shall retain the compact privilege for one hundred eighty (180) days unless the

  1. licensee also has a qualifying license in a participating state or obtains a qualifying license in a


  2. participating state before the one hundred eighty (180) day-period ends, in which case the compact


  3. privilege shall continue.

  4. (c) Dispute resolution.


  5. (1) Upon request by a participating state, the commission shall attempt to resolve disputes


  6. related to this compact that arise among participating states and between participating and non


  7. participating states.


  8. (2) The commission shall promulgate a rule providing for both mediation and binding


  9. dispute resolution for disputes as appropriate.

  10. (d) Enforcement.


  11. (1)  The  commission,  in  the  reasonable  exercise  of  its  discretion,  shall  enforce  the


  12. provisions of this compact and rules of the commission.


  13. (2) If compliance is not secured after all means to secure compliance have been exhausted,


  14. by majority vote, the commission may initiate legal action in the United States District Court for

  15. the District of Columbia or the federal district where the commission has its principal offices,


  16. against a participating state in default to enforce compliance with the provisions of this compact


  17. and the commission’s promulgated rules and bylaws. The relief sought may include both injunctive


  18. relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be


  19. awarded all costs of such litigation, including reasonable attorney’s fees.

  20. (3) The remedies herein shall not be the exclusive remedies of the commission. The


  21. commission may pursue any other remedies available under federal or state law.


  22. (e) Legal action against the commission.


  23. (1) A participating state may initiate legal action against the commission in the United


  24. States District Court for the District of Columbia or the federal district where the commission has


  25. its principal offices to enforce compliance with the provisions of the compact and its rules. The

  26. relief sought may include both injunctive relief and damages. In the event judicial enforcement is


  27. necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable


  28. attorney’s fees.


  29. (2) No person other than a participating state shall enforce this compact against the


  30. commission.

  31. 5-54.1-12. Date of implementation of the PA licensure compact commission.


  32. (a) This compact shall come into effect on the date on which this compact statute is enacted


  33. into law in the seventh participating state.


  34. (1) On or after the effective date of the compact, the commission shall convene and review

    1. the enactment of each of the states that enacted the compact prior to the commission convening


    2. (“charter participating states”) to determine if the statute enacted by each such charter participating


    3. state is materially different than the model compact.

    4. (i) A charter participating state whose enactment is found to be materially different from


    5. the model compact shall be entitled to the default process set forth in § 5-54.1-10(b).


    6. (ii) If any participating state later withdraws from the compact or its participation is


    7. terminated, the commission shall remain in existence and the compact shall remain in effect even


    8. if the number of participating states should be less than seven (7). Participating states enacting the


    9. compact subsequent to the commission convening shall be subject to the process set forth in § 5-

    10. 54.1-7(c)(21) to determine if their enactments are materially different from the model compact and


    11. whether they qualify for participation in the compact.


    12. (2) Participating states enacting the compact subsequent to the seven (7) initial charter


    13. participating states shall be subject to the process set forth in section § 5-54.1-7(c)(21) to determine


    14. if their enactments are materially different from the model compact and whether they qualify for

    15. participation in the compact.


    16. 3) All actions taken for the benefit of the commission or in furtherance of the purposes of


    17. the administration of the compact prior to the effective date of the compact or the commission


    18. coming into existence shall be considered to be actions of the commission unless specifically


    19. repudiated by the commission.

    20. (b) Any state that joins this compact shall be subject to the commission’s rules and bylaws


    21. as they exist on the date on which this compact becomes law in that state. Any rule that has been


    22. previously adopted by the commission shall have the full force and effect of law on the day this


    23. compact becomes law in that state.


    24. (c) Any participating state may withdraw from this compact by enacting a statute repealing


    25. the same.

    26. (1) A participating state’s withdrawal shall not take effect until one hundred eighty (180)


    27. days after enactment of the repealing statute. During this one hundred eighty (180) day-period, all


    28. compact privileges that were in effect in the withdrawing state and were granted to licensees


    29. licensed in the withdrawing state shall remain in effect. If any licensee licensed in the withdrawing


    30. state is also licensed in another participating state or obtains a license in another participating state

    31. within the one hundred eighty (180) days, the licensee’s compact privileges in other participating


    32. states shall not be affected by the passage of the one hundred eighty (180) days.


    33. (2) Withdrawal shall not affect the continuing requirement of the state licensing board(s)


    34. of  the  withdrawing  state  to  comply  with  the  investigative,  and  adverse  action  reporting

  1. requirements of this compact prior to the effective date of withdrawal.


  2. (3) Upon the enactment of a statute withdrawing a state from this compact, the state shall


  3. immediately provide notice of such withdrawal to all Licensees within that State. Such withdrawing

  4. State shall continue to recognize all licenses granted pursuant to this compact for a minimum of


  5. one hundred eighty (180) days after the date of such notice of withdrawal.


  6. (d) Nothing contained in this compact shall be construed to invalidate or prevent any PA


  7. licensure agreement or other cooperative arrangement between participating states and between a


  8. participating state and non-participating state that does not conflict with the provisions of this


  9. compact.

  10. (e) This compact may be amended by the participating states. No amendment to this


  11. compact shall become effective and binding upon any participating state until it is enacted


  12. materially in the same manner into the laws of all participating states as determined by the


  13. commission.


  14. 5-54.1-13. Construction and severability.

  15. (a) This compact and the commission’s rulemaking authority shall be liberally construed


  16. so as to effectuate the purposes, and the implementation and administration of the compact.


  17. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be


  18. construed to limit the commission’s rulemaking authority solely for those purposes.


  19. (b) The provisions of this compact shall be severable and if any phrase, clause, sentence or

  20. provision of this compact is held by a court of competent jurisdiction to be contrary to the


  21. constitution of any participating state, a state seeking participation in the compact, or of the United


  22. States, or the applicability thereof to any government, agency, person or circumstance is held to be


  23. unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact


  24. and the applicability thereof to any other government, agency, person or circumstance shall not be


  25. affected thereby.

  26. (c) Notwithstanding subsection (b) of this section, the commission may deny a state’s


  27. participation in the compact or, in accordance with the requirements of § 5-54.1-10(b), terminate a


  28. participating state’s participation in the compact, if it determines that a constitutional requirement


  29. of a participating state is, or would be with respect to a state seeking to participate in the compact,


  30. a material departure from the compact. Otherwise, if this compact shall be held to be contrary to

  31. the constitution of any participating state, the compact shall remain in full force and effect as to the


  32. remaining participating states and in full force and effect as to the participating state affected as to


  33. all severable matters.


  34. 5-54.1-14. Binding effect of compact.

  1. (a) Nothing herein prevents the enforcement of any other law of a participating state that


  2. is not inconsistent with this compact.


  3. (b) Any laws in a participating state in conflict with this compact are superseded to the

  4. extent of the conflict.


  5. (c) All agreements between the commission and the participating states are binding in


  6. accordance with their terms.


  7. 5-54.1-14.1. Confidentiality of National Criminal Records Checks.


  8. (a) State and federal criminal history record information of an applicant for a PA license


9 may be used by the department of health or the board of licensure of physician assistants for the

  1. purpose of screening the applicant.


  2. b) State and federal criminal history record information of a licensed PA seeking an initial


  3. compact privilege may be used by the department of health or the board of licensure of physician


  4. assistants for the purpose of taking disciplinary action against the licensee.


  5. (c) State and federal criminal history records information received by the Rhode Island

  6. department of health or the board of licensure of physician assistants shall not be disseminated to


  7. the Physician Assistant Licensure Compact Commission established under section 5-54.1-7 of this


  8. chapter.


  9. SECTION 7. Chapter 5-91 of the General Laws entitled "Interstate Medical Licensure


  10. Compact" is hereby amended by adding thereto the following section:

  11. 5-91-26. Confidentiality of criminal history records information.


  12. (a) State and federal criminal history records information received by the Rhode Island


  13. department of health or the board of licensure of medical licensure and discipline shall not be


  14. disseminated to the Interstate Medical Licensure Compact established under § 5-91-11 of this


  15. chapter.


  16. SECTION 8. Section 23-1-46.1 of the General Laws in Chapter 23-1 entitled "Department

  17. of Health" is hereby repealed.


  18. 23-1-46.1. Psychiatry resource network account. [See Compiler’s Note.]


  19. (a) There is created within the general fund a restricted receipt account to be known as the


  20. “PRN account.” All money in the account shall be utilized by the department of health to effectuate


  21. coverage for the following services: Existing Rhode Island lines including the PediPRN and

  22. MomsPRN information lines together with any additional information line, referral service, or


  23. hotline which is available to providers or residents in the state, and which is funded pursuant to


  24. regulation adopted by the director of the department of health. Amounts collected pursuant to § 42-


  25. 7.4-3(a)(1)(iv) shall be deposited in the “PRN account.” The funds shall be used solely for the

  1. purposes of the “PRN account,” and no other.


  2. (b) Each year’s psychiatry resource network funding requirement in § 42-7.4-3(a)(1)(iv)


  3. shall be the amount:

  4. (1) Projected by the department of health for the services in subsection (a) of this section;


  5. plus


  6. (2) A ten percent (10%) contingency for unexpected expenses; and after


  7. (3) Deduction for any projected carryover of excess funds from prior assessments.


  8. (c) The department of health shall submit to the general assembly an annual report on the


  9. program and costs related to the program, on or before February 1 of each year. The department

  10. shall make available to each insurer required to make a contribution pursuant to § 42-7.4-3, upon


  11. its request, detailed information regarding the programs described in subsection (a) of this section


  12. and the costs related to those programs.


  13. (d) The “PRN account” shall be exempt from the indirect costs recovery provisions of §


14 35-4-27.

  1. SECTION 9. Chapter 23-1 of the General Laws entitled "Department of Health" is hereby


  2. amended by adding thereto the following section:


  3. 23-1-46.2. Psychiatry resource network programs.


  4. (a) The department of health shall manage any and all funds available to effectuate


  5. coverage  for  the  following  services:  Existing  Rhode  Island  PediPRN  and  MomsPRN

  6. teleconsultation information lines which are available to support pediatric, primary care, perinatal,


  7. and other service providers in the state in providing appropriate and timely mental health care and


  8. referrals to children perinatal patients, and mothers with mental health concerns.


23 SECTION 10. Sections 23-15-2, 23-15-4, 23-15-4.1, 23-15-4.2, 23-15-4.4, 23-15-5, 23-


  1. 15-6, 23-15-6.1, 23-15-10 and 23-15-11 of the General Laws in Chapter 23-15 entitled


  2. "Determination of Need for New Healthcare Equipment and New Institutional Health Services" are

  3. hereby amended to read as follows:


  4. 23-15-2. Definitions.


  5. As used in this chapter:


  6. (1) “Accessible or accessibility” means the ability of underserved populations to access


  7. healthcare and as may be further defined in rules and regulations promulgated by the Rhode Island

  8. state department of health


  9. (1)(2) “Affected person” means and includes the person whose proposal is being reviewed,


  10. or the applicant, healthcare facilities located within the state that provide institutional health


  11. services, the state medical society, the state osteopathic society, those voluntary nonprofit area-

  1. wide planning agencies that may be established in the state, the state budget office, the office of


  2. health insurance commissioner, any hospital or medical service corporation organized under the


  3. laws of the state, the statewide health coordinating council, contiguous health-systems agencies,

  4. and those members of the public who are to be served by the proposed, new institutional health


  5. services or new healthcare equipment.


  6. (3) “Affordable” means the relative ability of the people of the state to pay for, or incur,


  7. the cost, resulting from the proposed determination of need and as may be further defined in rules


  8. and regulations promulgated by the Rhode Island state department of health.


  9. (4) “Applicant” means the person who has submitted a request for a certificate of need

  10. review and approval in accordance with this chapter.


  11. (5)  “Capital  expenditure”  means  the  total  non-recurring  expenditures  for  physical


  12. improvements and the acquisition of existing buildings, land, and/or interests in land, including


  13. costs associated therewith in excess of fifty million dollars ($50,000,000) and as may be further


  14. defined in rules and regulations promulgated by the department. Further, beginning on July 1, 2026,

  15. and each July 1 thereafter, the amount of the threshold shall be adjusted by the percentage increase


  16. in the consumer price index for all urban consumers (CPI-U) as published by the United States


  17. Department of Labor Statistics as of September 30 of the prior calendar year. Expenditures related


  18. to  electronic  health  and  management  information  systems  shall  not  be  considered  capital


  19. expenditures for the purposes of this chapter.

  20. (2) “Cost-impact analysis” means a written analysis of the effect that a proposal to offer or


  21. develop new institutional health services or new healthcare equipment, if approved, will have on


  22. healthcare costs and shall include any detail that may be prescribed by the state agency in rules and


  23. regulations.


  24. (6) "Department" means the Rhode Island department of health.


  25. (3)(7) “Director” means the director of the Rhode Island state department of health.

  26. (4)(8)(i) “Healthcare facility” means any institutional health-service provider, facility or


  27. institution, place, building, agency, or portion of them, whether a partnership or corporation,


  28. whether public or private, whether organized for profit or not, used, operated, or engaged in


  29. providing healthcare services that are limited to hospitals (except with respect to hospitals whose


  30. services  are  limited  exclusively  to  behavioral  health), nursing facilities, home nursing-care

  31. provider, home-care provider, hospice provider, inpatient rehabilitation hospital centers (including


  32. drug and/or alcohol abuse treatment centers), freestanding emergency-care facilities as defined in


  33. § 23-17-2, certain facilities providing surgical treatment to patients not requiring hospitalization


  34. (surgi-centers, multi-practice, physician ambulatory-surgery centers and multi-practice, podiatry

  1. ambulatory-surgery centers), and facilities providing inpatient hospice care. Single-practice


  2. physician or podiatry ambulatory-surgery centers (as defined in § 23-17-2(17), (18), respectively)


  3. are exempt from the requirements of chapter 15 of this title; provided, however, that such

  4. exemption shall not apply if a single-practice physician or podiatry ambulatory-surgery center is


  5. established by a medical practice group (as defined in § 5-37-1) within two (2) years following the


  6. formation of such medical practice group, when such medical practice group is formed by the


  7. merger or consolidation of two (2) or more medical practice groups or the acquisition of one


  8. medical practice group by another medical practice group. Medical spas as defined in chapter 105


  9. of this title are exempt from the requirements of this chapter. The term “healthcare facility” does

  10. not include Christian Science institutions (also known as Christian Science nursing facilities) listed


  11. and certified by the Commission for Accreditation of Christian Science Nursing


  12. Organizations/Facilities, Inc.


  13. (ii) Any provider of hospice care who provides hospice care without charge shall be exempt


  14. from the provisions of this chapter.

  15. (5)(9) “Healthcare provider” means a person who is a direct provider of healthcare services


  16. (including but not limited to physicians, dentists, nurses, podiatrists, physician assistants, or nurse


  17. practitioners) in that where the person’s primary current activity is the provision of healthcare


  18. services for persons.


  19. (6)(10) “Health services” means organized program components for preventive,

  20. assessment, maintenance, diagnostic, treatment, and rehabilitative services provided in a healthcare


  21. facility.


  22. (7)(11) “Health services council” means the advisory body to the Rhode Island state


  23. department of health established in accordance with chapter 17 of this title 13.1 of title 17,


  24. appointed and empowered as provided to serve as the advisory body to the state agency department


  25. in its review functions under this chapter.

  26. (12) "Innovation" means the potential of the proposal to demonstrate or provide one or


  27. more innovative approaches of methods for attaining a more cost effective and/or efficient


  28. healthcare  system  as  may  be  further  defined  in  rules  and  regulations  promulgated  by  the


  29. department.


  30. (8)(13) "Institutional health services" means health services provided in or through

  31. healthcare facilities and includes the entities in or through that the which such services are provided.


  32. (9) “New healthcare equipment” means any single piece of medical equipment (and any


  33. components that constitute operational components of the piece of medical equipment) proposed


  34. to be utilized in conjunction with the provision of services to patients or the public, the capital costs

  1. of which would exceed two million two hundred fifty thousand dollars ($2,250,000); provided,


  2. however, that the state agency shall exempt from review any application that proposes one-for-one


  3. equipment replacement as defined in regulation. Further, beginning July 1, 2012, and each July

  4. thereafter, the amount shall be adjusted by the percentage of increase in the consumer price index


  5. for all urban consumers (CPI-U) as published by the United States Department of Labor Statistics


  6. as of September 30 of the prior calendar year.


  7. (10)(14) “New institutional health services” means and includes:


  8. (i) Construction, development, or other establishment of a new healthcare facility.


  9. (ii) Any capital expenditure as defined herein, except acquisitions of an existing healthcare

  10. facility, that will not result in a change in the services or bed capacity of the healthcare facility by,


  11. or on behalf of, an existing healthcare facility in excess of five million two hundred fifty thousand


  12. dollars ($5,250,000) which is a capital expenditure including expenditures for predevelopment


  13. activities; provided further, beginning July 1, 2012, and each July thereafter, the amount shall be


  14. adjusted by the percentage of increase in the consumer price index for all urban consumers (CPI-

  15. U) as published by the United States Department of Labor Statistics as of September 30 of the prior


  16. calendar year.


  17. (iii) Where a person makes an acquisition by, or on behalf of, a healthcare facility or health


  18. maintenance organization under lease or comparable arrangement or through donation, which


  19. would have required review if the acquisition had been by purchase, the acquisition shall be deemed

  20. a capital expenditure subject to review.


  21. (iv) Any capital expenditure that results in the addition of a health service or that changes


  22. the bed capacity of a healthcare facility with respect to which the expenditure is made, except that


  23. the state agency may exempt from review, by rules and regulations promulgated for this chapter,


  24. any bed reclassifications made to licensed nursing facilities and annual increases in licensed bed


  25. capacities of nursing facilities that do not exceed the greater of ten (10) beds or ten percent (10%)

  26. of facility licensed bed capacity and for which the related capital expenditure does not exceed two


  27. million dollars ($2,000,000).


  28. (v) Any health service proposed to be offered to patients or the public by a healthcare


  29. facility that was not offered on a regular basis in or through the facility within the twelve-month


  30. (12) period prior to the time the service would be offered, and that increases operating expenses by

  31. more than one million five hundred thousand dollars ($1,500,000), except that the state agency may


  32. exempt from review, by rules and regulations promulgated for this chapter, any health service


  33. involving reclassification of bed capacity made to licensed nursing facilities. Further, beginning


  34. July 1, 2012, and each July thereafter, the amount shall be adjusted by the percentage of increase

  1. in the consumer price index for all urban consumers (CPI-U) as published by the United States


  2. Department of Labor Statistics as of September 30 of the prior calendar year.


  3. (vi)(iv) Any new or expanded tertiary or specialty-care service in the following areas:

  4. cardiac catheterization, open heart surgery, organ transplantation, linear accelerators, and neonatal


  5. intensive care services., regardless of capital expense or operating expense, as defined by and listed


  6. in regulation, the list not to exceed a total of twelve (12) categories of services at any one time and


  7. shall include full-body magnetic resonance imaging and computerized axial tomography; provided,


  8. however, that the state agency shall exempt from review any application that proposes one-for-one


  9. equipment replacement as defined by and listed in regulation. Acquisition of full body magnetic

  10. resonance imaging and computerized axial tomography shall not require a certificate-of-need


  11. review and approval by the state agency if satisfactory evidence is provided to the state agency that


  12. it was acquired for under one million dollars ($1,000,000) on or before January 1, 2010, and was


  13. in operation on or before July 1, 2010.


  14. (11)(15) “Person” means any individual, trust or estate, partnership, corporation (including

  15. associations, joint stock companies, limited liability corporations, and insurance companies), state


  16. or political subdivision, or instrumentality of a state.


  17. (12) “Predevelopment activities” means expenditures for architectural designs, plans,


  18. working drawings, and specifications, site acquisition, professional consultations, preliminary


  19. plans, studies, and surveys made in preparation for the offering of a new, institutional health

  20. service.


  21. (13) “State agency” means the Rhode Island state department of health.


  22. (14)(16) “To develop” means to undertake those activities that, on their completion, will


  23. result in the offering of a new, institutional health service or new healthcare equipment or the


  24. incurring of a financial obligation, in relation to the offering of that service.


  25. (15)(17) “To offer” means to hold oneself out as capable of providing, or as having the

  26. means for the provision of, specified health services or healthcare equipment.


  27. 23-15-4. Review and approval of new health care equipment and new institutional


  28. health services.


  29. (a) No health care provider or health care facility person shall develop or offer new health


  30. care equipment or new institutional health services in Rhode Island, the magnitude of which

  31. exceeds the limits defined by this chapter, without prior review by the health services council and


  32. approval by the state agency department; except that review by the health services council may be


  33. waived in the case of expeditious reviews conducted in accordance with § 23-15-5, and except that


  34. health maintenance organizations which fulfill criteria to be established in rules and regulations

  1. promulgated by the state agency with the advice of the health services council shall be exempted


  2. from the review and approval requirement established in this section upon approval by the state


  3. agency of an application for exemption from the review and approval requirement established in

  4. this section which contain any information that the state agency may require to determine if the


  5. health maintenance organization meets the criteria.


  6. (b) No approval shall be made without an adequate demonstration of need by the applicant


  7. at the time and place and under the circumstances proposed, nor shall the approval be made without


  8. a determination that a proposal for which need has been demonstrated is also affordable by the


  9. people of the state.

  10. (c) No approval of new institutional health services for the provision of health services to


  11. inpatients shall be granted unless the written findings required in accordance with § 23-15-6(b)(6)


  12. are made.


  13. (d)(c) Applications for determination of need shall be filed with the state agency on a date


  14. fixed by the state agency department together with plans and specifications and any other

  15. appropriate data and information that the state agency department shall require by regulation, and


  16. shall be considered in relation to each other no less than once a year. A duplicate copy of each


  17. application together with all supporting documentation shall be kept on file by the state agency


  18. department as a public record.


  19. (e)(d) The health services council shall consider, but shall not be limited to, the following

  20. in conducting reviews and determining need: In its recommendations to the department, the health


  21. services council may assess criteria including, but not limited to, affordability, accessibility,


  22. innovation and quality standards, as further defined in regulations adopted by the department.


  23. (1) The relationship of the proposal to state health plans that may be formulated by the state


  24. agency;


  25. (2) The impact of approval or denial of the proposal on the future viability of the applicant

  26. and of the providers of health services to a significant proportion of the population served or


  27. proposed to be served by the applicant;


  28. (3) The need that the population to be served by the proposed equipment or services has


  29. for the equipment or services;


  30. (4) The availability of alternative, less costly, or more effective methods of providing

  31. services or equipment, including economies or improvements in service that could be derived from


  32. feasible cooperative or shared services;


  33. (5) The immediate and long term financial feasibility of the proposal, as well as the


  34. probable impact of the proposal on the cost of, and charges for, health services of the applicant;

    1. (6) The relationship of the services proposed to be provided to the existing health care


    2. system of the state;


    3. (7) The impact of the proposal on the quality of health care in the state and in the population

    4. area to be served by the applicant;


    5. (8) The availability of funds for capital and operating needs for the provision of the services


    6. or equipment proposed to be offered;


    7. (9) The cost of financing the proposal including the reasonableness of the interest rate, the


    8. period of borrowing, and the equity of the applicant in the proposed new institutional health service


    9. or new equipment;

    10. (10) The relationship, including the organizational relationship of the services or


    11. equipment proposed, to ancillary or support services;


    12. (11) Special needs and circumstances of those entities which provide a substantial portion


    13. of their services or resources, or both, to individuals not residing within the state;


    14. (12) Special needs of entities such as medical and other health professional schools,

    15. multidisciplinary clinics, and specialty centers; also, the special needs for and availability of


    16. osteopathic facilities and services within the state;


    17. (13) In the case of a construction project:


    18. (i) The costs and methods of the proposed construction,


    19. (ii) The probable impact of the construction project reviewed on the costs of providing

    20. health services by the person proposing the construction project; and


    21. (iii) The proposed availability and use of safe patient handling equipment in the new or


    22. renovated space to be constructed.


    23. (14) Those appropriate considerations that may be established in rules and regulations


    24. promulgated by the state agency with the advice of the health services council;


    25. (15) The potential of the proposal to demonstrate or provide one or more innovative

    26. approaches or methods for attaining a more cost effective and/or efficient health care system;


    27. (16) The relationship of the proposal to the need indicated in any requests for proposals


    28. issued by the state agency;


    29. (17) The input of the community to be served by the proposed equipment and services and


    30. the people of the neighborhoods close to the health care facility who are impacted by the proposal;

    31. (18) The relationship of the proposal to any long-range capital improvement plan of the


    32. health care facility applicant.


    33. (19) Cost impact statements forwarded pursuant to subsection 23-15-6(e).


    34. (f)(e) In conducting its review, the health services council shall perform the following:

  1. (1) Within one hundred and fifteen (115) days after initiating its review, which must be


  2. commenced no later than thirty-one (31) days after the filing of an application, the health services


  3. council shall determine as to each proposal whether the applicant has demonstrated need at the time

  4. and place and under the circumstances proposed, and in doing so may apply the criteria and


  5. standards set forth in subsection (e) of this section; provided however, that a determination of need


  6. shall not alone be sufficient to warrant a recommendation to the state agency that a proposal should


  7. be approved. Make recommendations to the department relative to approval or denial of the new


  8. institutional health services or new healthcare equipment proposed. The director shall render, in


  9. writing, his or her decision within five (5) ten (10) days of the determination of the health services

  10. council.


  11. (2) Prior to the conclusion of its review in accordance with § 23-15-6(e), the health services


  12. council shall evaluate each proposal for which a determination of need has been established in


  13. relation to other proposals, comparing proposals with each other, whether similar or not,


  14. establishing priorities among the proposals for which need has been determined, and taking into

  15. consideration the criteria and standards relating to relative need and affordability as set forth in


  16. subsection (e) of this section and § 23-15-6(f).


  17. (3) At the conclusion of its review, the health services council shall make recommendations


  18. to the state agency relative to approval or denial of the new institutional health services or new


  19. health care equipment proposed; provided that:

  20. (i) The health services council shall recommend approval of only those proposals found to


  21. be affordable in accordance with the provisions of § 23-15-6(f); and


  22. (ii) If the state agency proposes to render a decision that is contrary to the recommendation


  23. of the health services council, the state agency must render its reasons for doing so in writing.


  24. (g)(f) Approval of new institutional health services or new health care equipment by the


  25. state agency department shall be subject to conditions that may be prescribed by rules and

  26. regulations developed by the state agency with the advice of the health services council, but those


  27. conditions must relate to the considerations enumerated in subsection (e) and to considerations that


28 may be established in regulations in accordance with subsection (e)(14).may  be  subject  to


  1. conditions as necessary to promote affordability, accessibility, innovation, and quality standards.


  2. (h)(g) The offering or developing of new institutional health services or health care

  3. equipment by a health care facility without prior review by the health services council and approval


  4. by the state agency department shall be grounds for the imposition of licensure sanctions on the


  5. facility, including denial, suspension, revocation, or curtailment or for imposition of any monetary


  6. fines that may be statutorily permitted by virtue of individual health care facility licensing statutes.

    1. (i)(h) No government agency and no hospital or medical service corporation organized


    2. under the laws of the state shall reimburse any health care facility or health care provider person


    3. for the costs associated with offering or developing new institutional health services or new health

    4. care equipment unless the health care facility or health care provider person has received the


    5. approval of the state agency department in accordance with this chapter. Government agencies and


    6. hospital and medical service corporations organized under the laws of the state shall, during budget


    7. negotiations, hold health care facilities and health care providers accountable to operating


    8. efficiencies claimed or projected in proposals which receive the approval of the state agency in


    9. accordance with this chapter.

    10. (j)(i) In addition, the state agency department shall not make grants to, enter into contracts


    11. with, or recommend approval of the use of federal or state funds by any health care facility or health


    12. care provider person which proceeds with the offering or developing of new institutional health


    13. services or new health care equipment after disapproval by the state agency department.


    14. 23-15-4.1. Exemption for nonclinical capital expenditures.

    15. Notwithstanding the requirements of any other provisions of any general or public laws,


    16. capital expenditures by a health care facility that are not directly related to the provision of health


    17. services as defined in this chapter, including, but not limited to, capital expenditures for parking


    18. lots, billing computer systems, and telephone systems, shall not require a certificate of need review


    19. and approval by the state agency.

    20. 23-15-4.2. Exemption for research.


    21. Notwithstanding the requirements of any other provisions of any general or public laws,


    22. capital expenditures by a health care facility related to research in basic biomedical or medical


    23. research areas that are not directly related to the provision of clinical or patient care services shall


    24. not require a certificate of need review and approval by the state agency department.


    25. 23-15-4.4. Exemption for voter approved capital bond issues for health care facilities

    26. Exemption for voter approved capital bond issues and state capital plan projects for health


    27. care facilities.


    28. Notwithstanding the requirements of any other provisions of any general law or public


    29. laws, voter approved state bond issues authorizing capital expenditures for state health care


    30. facilities and all Rhode Island capital plan fund projects approved by the general assembly shall

    31. not require a certificate of need review and approval by the state agency department.


    32. 23-15-5. Expeditious review.


    33. (a) Any person who proposes to offer or develop new institutional health services or new


    34. healthcare equipment for documented emergency needs; or for the purpose of eliminating or

  1. preventing documented fire or safety hazards affecting the lives and health of patients or staff; or


  2. for compliance with accreditation standards required for receipt of federal or state reimbursement;


  3. or for any other purpose that the state agency may specify as may be further defined in rules and

  4. regulations promulgated by the department, may apply for an expeditious review. The state agency


  5. department may exercise its discretion in recommending approvals through an expeditious review,


  6. except that no new institutional health service or new healthcare equipment may be approved


  7. through the expeditious review if provision of the new institutional health service or new healthcare


  8. equipment is contra-indicated by the state health plan as may be formulated by the state agency.


  9. Specific procedures for the conduct of expeditious reviews shall be promulgated in rules and

  10. regulations adopted by the state agency department with the advice of the health services council.


  11. (b) The decision of the state agency not to conduct an expeditious review shall be


  12. reconsidered upon a written petition to the state agency, and the state agency shall be required to


  13. respond to the written petition within ten (10) days stating whether expeditious review is granted.


  14. If the request for reconsideration is denied, the state agency shall state the reasons in writing why

  15. the expeditious request had been denied.


  16. (c) The decision of the state agency in connection with an expeditious review shall be


  17. rendered within thirty (30) days after the commencement of said review.


  18. (d) Any healthcare facility that provides a service performed in another state and that is not


  19. performed in the state of Rhode Island, or such service is performed in the state on a very limited

  20. basis, shall be granted expeditious review upon request under this section, provided that such


  21. service, among other things, has a clear effect on the timeliness, access, or quality of care and is


  22. able to meet licensing standards.


  23. 23-15-6. Procedures for review.


  24. (a) The state agency department, with the advice of the health services council, and in


  25. accordance with the Administrative Procedures Act, chapter 35 of title 42, after public hearing

  26. pursuant to reasonable notice, which notice shall include affected persons and healthcare facilities


  27. located within the state that provide institutional health services, shall promulgate appropriate rules


  28. and regulations that may be designated to further the accomplishment of the purposes of this chapter


  29. including the formulation of procedures that may be particularly necessary for the conduct on of


  30. reviews of particular types of new institutional health services or new health care equipment.

  31. (b) Review procedures promulgated in accordance with subsection (a) shall include at least


  32. the following, except that substitute procedures for the conduct of expeditious and accelerated


  33. reviews may be promulgated by the state agency department in accordance with § 23-15-5:


  34. (1) Provision that the state agency department established a process requiring potential

    1. applicants to file a detailed letter of intent to submit an application at least forty-five (45) days prior


    2. to the submission of an application and that the state agency shall undertake reviews in a timely


    3. fashion no less often than twice a year and give written notification to affected persons of the

    4. beginning of the review including the proposed schedule for the review, the period within which a


    5. public meeting may be held, and the manner by which notification will be provided of the time and


    6. place of any public meeting so held.


    7. (2) Provision that no more than one hundred and twenty (120) days shall elapse between


    8. initial notification of affected persons and the final decision of the state agency.


    9. (3)(2) Provision that, if the state agency department fails to act upon an application within

    10. the applicable period established in subsection (b)(2) § 23-15-4(e)(1), the applicant may apply to


    11. the superior court of Providence County to require the state agency department to act upon the


    12. application.


    13. (4)(3) Provision for review and comment by the health services council and comment by


    14. any affected person, including but not limited to those parties defined in § 23-15-2(1) and the

    15. department of business regulation, the department of behavioral healthcare, developmental


    16. disabilities and hospitals, the department of human services, health maintenance organizations, and


    17. the state professional standards review organization, on every application for the determination of


    18. need.


    19. (5) Provision that a public meeting may be held during the course of the state agency review

    20. at which any person may have the opportunity to present testimony. Procedures for the conduct of


    21. the public meeting shall be established in rules and regulations promulgated by the state agency


    22. with the advice of the health services council.


    23. (6)(4)(i) Provision for issuance of a written decision by the state agency department which


    24. shall be based upon address and consider the findings and recommendations of the health services


    25. council unless the state agency shall afford written justification for variance from that decision.

    26. (ii) In the case of any proposed new institutional health service for the provision of health


    27. services to inpatients, a state agency shall not make a finding that the proposed new institutional


    28. health service is needed, unless it makes written findings recommendations as to:


    29. (A) The efficiency and appropriateness of the use of existing inpatient facilities providing


    30. inpatient services similar to those proposed;

    31. (B) The capital and operating costs (and their potential impact on patient charges),


    32. efficiency, and appropriateness of the proposed new institutional health services; and


    33. (C) Makes each of the following findings in writing:


    34. (I) That superior alternatives to inpatient services in terms of cost, efficiency, and

      1. appropriateness do not exist and that the development of alternatives is not practicable;


      2. (II) That, in the case of new construction, alternatives to new construction (e.g.,


      3. modernization or sharing arrangements) have been considered and implemented to the maximum

      4. extent practicable;


      5. (III) That patients will experience serious problems in terms of costs, availability, or


      6. accessibility, or any other problems that may be identified by the state agency, in obtaining inpatient


      7. care of the type proposed in the absence of the proposed new service; and


      8. (IV) That, in the case of a proposal for the addition of beds for the provision of skilled


      9. nursing or intermediate care, the relationship of the addition to the plans of other agencies of the

      10. state responsible for providing and financing long-term care (including home health services) has


      11. been considered.


      12. (7)(5) Provision for the distribution of the decision of the state agency department,


      13. including its findings and recommendations, to the applicant and to affected persons.


      14. (8)(6) Provision that the state agency department may approve or disapprove in whole or

      15. in part any application as submitted, but that the parties may mutually agree to a modification of


      16. any element of an application as submitted, without requiring resubmission of the application.


      17. (9)(7)(i) Provision that any person affected may request in writing reconsideration of a


      18. state agency decision if the person:


      19. (A) Presents significant relevant information not previously considered by the state agency;

      20. (B) Demonstrates that there have been significant changes in factors or circumstances


      21. relied upon by the state agency in reaching its decision;


      22. (C) Demonstrates that the state agency has materially failed to follow its adopted


      23. procedures in reaching its decision; or


      24. (D) Provides any other basis for reconsideration that the state agency may have determined


      25. by regulation to constitute good cause.

      26. (ii) Procedures for reconsideration shall be established in regulations promulgated by the


      27. state agency department with the advice of the health services council.


      28. (10)(8) Provision that upon the request of any affected person, the decision of the state


      29. agency to issue, deny, or withdraw a certificate of need or to grant or deny an exemption shall be


      30. administratively reviewed under an appeals mechanism provided for in the rules and regulations of

      31. the state agency, with the review to be conducted by a hearing officer appointed by the director of


      32. health. The procedures for judicial review shall be in accordance with the provisions of § 42-35-


      33. 15. Provision for appeal by the applicant of the department's decision in accordance with § 42-35-


      34. 15.1(a).

        1. (c) The state agency department shall publish at least annually a report of reviews of new


        2. institutional health services and new health care equipment conducted, together with the findings


        3. and decisions rendered in the course of the reviews. The reports shall be published on or about

4 February 1 of each year and shall contain evaluations of the prior year’s statutory changes where


  1. feasible.


  2. (d) All applications reviewed by the state agency department and all written materials


  3. pertinent to state agency the department's review, including minutes of all health services council


  4. meetings, shall be accessible to the public upon request.


  5. (e) In the case or review of proposals by health care facilities who by contractual

  6. agreement, chapter 19 of title 27, or other statute are required to adhere to an annual schedule of


  7. budget or reimbursement determination to which the state is a party, the state budget office, the


  8. office of the health insurance commissioner, and hospital service corporations organized under


  9. chapter 19 of title 27 shall forward to the health services council within forty-five (45) days of the


  10. initiation of the review of the proposals by the health services council under § 23-15-4(f)(1):

  11. (1) A cost impact analysis of each proposal which analysis shall include, but not be limited


  12. to, consideration of increases in operating expenses, per diem rates, health care insurance


  13. premiums, and public expenditures; and


  14. (2) Comments on acceptable interest rates and minimum equity contributions and/or


  15. maximum debt to be incurred in financing needed proposals.

  16. (f) The health services council shall not make a recommendation to the state agency that a


  17. proposal be approved unless it is found that the proposal is affordable to the people of the state. In


  18. determining whether or not a proposal is affordable, the health service council shall consider the


  19. condition of the state’s economy, the statements of authorities and/or parties affected by the


  20. proposals, and any other factors that it may deem appropriate.


  21. 23-15-6.1. Action subsequent to review.

  22. Development of any new institutional health services or new health care equipment


  23. approved by the state agency department must be initiated within one year two (2) years of the date


  24. of the approval and may not exceed the maximum amount of capital expenditures specified in the


  25. decision of the state agency without prior authorization of the state agency. The state agency


  26. department, with the advice of the health services council, shall adopt procedures promulgate rules

  27. and regulations for the review of the applicant’s failure to develop new institutional health services


  28. or new health care equipment within the timeframe and capital limitation stipulated in this section,


  29. and for the withdrawal of approval in the absence of a good faith effort to meet the stipulated


  30. timeframe.

    1. 23-15-10. Application fees.


    2. The state agency department shall require that any applicant for certificate of need submit


    3. an application fee prior to requesting any review of matters pursuant to the requirements of this

    4. chapter; except that health care facilities and equipment owned and operated by the state of Rhode


    5. Island shall be exempt from this application fee requirement. The application fee shall be paid by


    6. check made payable to the general treasurer. Except for applications that propose new or expanded


    7. tertiary or specialty care services as defined in subdivision 23-15-2(10)(vi) § 23-15-2(14)(iv),


    8. submission of any application filed in accordance with § 23-15-4(d) shall include an application


    9. fee of five hundred dollars ($500) per application plus an amount equal to one quarter of one percent

    10. (0.25%) of the total capital expenditure costs associated with the application. For an application


    11. filed in accordance with the requirements of § 23-15-5 (Expeditious review), the application shall


    12. include an application processing fee of seven hundred and fifty dollars ($750) per application plus


    13. an amount equal to one quarter of one percent (0.25%) of the total capital expenditure costs


    14. associated with the application. Applications that propose new or expanded tertiary or specialty

    15. care services as defined in subdivision 23-15-2(10)(vi) §  23-15-2(14)(iv), shall include an


    16. application fee of ten thousand dollars ($10,000) plus an amount equal to one quarter of one percent


    17. (0.25%) of the total capital expenditure costs associated with the application. Application fees shall


    18. be non-refundable once the formal review of the application has commenced. All fees received


    19. pursuant to this chapter shall be deposited in the general fund.

    20. 23-15-11. Reports, use of experts, all costs and expenses.


    21. The state agency department may in effectuating the purposes of this chapter engage


    22. experts or consultants including, but not limited to, actuaries, investment bankers, accountants,


    23. attorneys, or industry analysts. Except for privileged or confidential communications between the


    24. state agency department and engaged attorneys, all copies of final reports prepared by experts and


    25. consultants, and all costs and expenses associated with the reports, shall be public. All costs and

    26. expenses incurred under this provision shall be the responsibility of the applicant in an amount to


    27. be determined by the director as he or she shall deem appropriate. No application made pursuant to


    28. the requirements of this chapter shall be considered complete unless an agreement has been


    29. executed with the director for the payment of all costs and expenses in accordance with this section.


    30. The maximum cost and expense to an applicant for experts and/or consultants that may be required

    31. by the state agency department shall be twenty thousand dollars ($20,000) fifty thousand dollars


    32. ($50,000); provided however, that the maximum amount shall be increased by regulations


    33. promulgated by the state agency on or after January 1, 2008 annually by the most recently available


    34. annual increase in the federal consumer price index as determined by the state agency department.

      1. SECTION 11. Legislative findings. The general assembly finds and declares that:


      2. (1) Birthing centers, including freestanding centers and hospital-operated birthing units,


      3. play a critical role in ensuring safe, timely, and equitable access to maternal, perinatal, and newborn

      4. care across Rhode Island.


      5. (2) The closure or reduction of birthing centers has significant consequences for maternal


      6. morbidity and mortality, newborn outcomes, emergency transport times, and regional healthcare


      7. capacity.


      8. (3) Rhode Island law does not require sufficient advance notice, public transparency, or


      9. rigorous financial review before a birthing center is closed or its operations are significantly

      10. reduced.


      11. (4) Given ongoing consolidation within regional healthcare systems, it is essential that the


      12. state receive complete and accurate financial information, including system-level data, to determine


      13. whether a birthing center's closure is truly unavoidable.


      14. (5) It is in the public interest to establish a strong review process requiring advance notice,

      15. robust financial disclosure, community engagement, and independent analysis to protect Rhode


      16. Island families, particularly in underserved and high-risk communities.


      17. SECTION 12. Chapter 23-17.14 of the General Laws entitled "The Hospital Conversions


      18. Act" is hereby amended by adding thereto the following section:


      19. 23-17.14-18.1. The Rhode Island birthing center access, transparency, and financial

      20. accountability act of 2026.


      21. (a) For purposes of this section:


      22. (1) "Applicant" means the birthing center submitting an application pursuant to subsection


      23. (d) of this section.


      24. (2) "Birthing center" means any freestanding birthing center licensed under chapter 17 of


      25. title 23, and any birthing unit, maternity unit, perinatal unit, or labor-and-delivery service operated

      26. by a hospital or healthcare facility.


      27. (3) "Closure" means the permanent cessation of all birthing services at a birthing center.


      28. (4) "Closure application" means the application required by subsection (d) of this section.


      29. (5)  "Discontinuation  of  services"  means  the  cessation  of  any  prenatal,  perinatal,


      30. postpartum, or birthing-related service or program offered by a birthing center without complete

      31. closure of the facility.


      32. (6) "Significant reduction" or "significantly reduced" means:


      33. (i) A reduction of twenty-five percent (25%) or more in capacity or annual volume;


      34. (ii) A reduction in operating hours by twenty-five percent (25%) or more;

  1. (iii) Elimination of labor, delivery, or postpartum services; or


  2. (iv) Any relocation of birthing-related services outside the municipality in which the


  3. service is currently located.

  4. (b) No birthing center shall be closed, terminated, relocated, or significantly reduced


  5. without the prior written approval of the director of the department of health.


  6. (c) A facility proposing closure or significant reduction of a birthing center shall file a


  7. closure application with the director of the department of health no fewer than one hundred eighty


  8. (180) days prior to the proposed effective closure date. Notice shall also be provided to:


  9. (1) The city or town council within the municipality in which the birthing center is located;

  10. (2) The birthing center's patients and personnel;


  11. (3) The patient advocacy groups within the state that support maternal and child health;


  12. (4) All local EMS agencies;


  13. (5) Local and state media outlets by written publication; and


  14. (6) The speaker of the house and the president of the senate.

  15. (d) Prior to the discontinuation or significant reduction of services at a birthing center, its


  16. controlling officers shall provide a closure application to the director of the department of health,


  17. the contents of which shall be a considered public record and posted on the department of health's


  18. website. The closure application shall include:


  19. (1) An access impact assessment that details:

  20. (i) The number of beds within the impacted birthing unit;


  21. (ii) The number of existing patients within the impacted birthing unit;


  22. (iii) The number of employees and staff within the impacted birthing unit;


  23. (iv) Affected healthcare services for traditionally underserved populations;


  24. (v) Affected healthcare services for the affected community; and


  25. (vi) Other licensed birthing centers in the affected community and the distance of those

  26. facilities to the applicant's birthing center.


  27. (2) A detailed evaluation of:


  28. (i) Annual deliveries, prenatal visits, postpartum care, and newborn services;


  29. (ii) Impact on high-risk pregnancies, low-income families, and Medicaid members;


  30. (iii) EMS transport impacts; and

  31. (iv) Projected changes in maternal morbidity and newborn outcomes.


  32. (3) A patient transition plan, including:


  33. (i) Protocols for laboring patient transfers;


  34. (ii) EMS and hospital coordination;

  1. (iii) Continuity plans for prenatal patients beyond twenty (20) weeks gestation;


  2. (iv) Transfer agreements with receiving hospitals or birthing centers; and


  3. (v) Protocols for the storage of and access to medical records.

  4. (4) Workforce plan, including detailed descriptions of:


  5. (i) Staffing levels;


  6. (ii) Proposed layoff or reassignment plans; and


  7. (iii) Transition plans for licensed midwives, doulas, nurses, and obstetric clinicians.


  8. (5) Financial justification, certified by a certified public accountant, including:


  9. (i) Five (5) years of audited financial statements for the birthing center and operating

  10. hospital,  if  applicable,  parent  health  system,  and  all  controlled  affiliates,  subsidiaries,  and


  11. management entities;


  12. (ii) Detailed service-level financials, including, revenues, expenses, and margins, volume


  13. trends,  overhead  allocation  methodology,  and  documentation  of  any  staffing  cuts,  resource


  14. reductions, or underinvestment contributing to financial decline;

  15. (iii) Five (5) year forward projection, including, break-even analyses, capital investment


  16. needs, labor costs, and sensitivity analyses for multiple scenarios; and


  17. (iv) Parent system financial capacity review, including, reserves and unrestricted funds,


  18. cash on hand, investments and endowment holdings, executive compensation, and intercompany


  19. transfers or management fees.

  20. (6) Comparative analysis of at least three (3) alternatives to closure including, but not


  21. limited to, shared staffing models, partnerships with community providers or regional systems,


  22. cross-subsidization by the parent system, and/or redesign or modernization; and


  23. (7) The applicant's controlling officers shall certify that neither the birthing center nor


  24. parent system engaged in actions that materially contributed to financial instability including, but


  25. not limited to, understaffing, reduction of capital investment, curtailment of marketing or referral

  26. pathways, diversion of patients, and/or failure to pursue available external funding.


  27. (e) The director of the department of health shall deny a closure application that fails to


  28. satisfy the requirements of this section.


  29. (f) An independent expert, selected by the department of health and paid for by the


  30. applicant, shall evaluate sustainability, feasible restructuring alternatives, and pathways to avoid

  31. closure or significant reduction of services.


  32. (g)(1) Within sixty (60) days of receiving the notice required by subsection (c) of this


  33. section, the director of the department of health shall hold a public hearing. The applicant's


  34. controlling officers shall attend the public hearing and members of the public shall be permitted to

  1. participate and offer testimony; the director of the department of health shall provide twenty-one


  2. (21) days written notice on the department of health's website of the date, time, and location of the


  3. public hearing.

  4. (2) Within thirty (30) days of receiving a closure application that satisfies the requirements


  5. of subsection (d) of this section, the director of the department of health shall hold a public hearing.


  6. The applicant's controlling officers shall attend the public hearing and members of the public shall


  7. be permitted to participate and offer testimony; the director of the department of health shall


  8. provide twenty-one (21) days written notice on the department of health's website of the date, time,


  9. and location of the public hearing.

  10. (h) The director of the department of health shall not approve an application submitted


  11. pursuant to subsection (d) of this section unless the applicant demonstrates, by clear and convincing


  12. evidence, that:


  13. (1) The birthing center cannot reasonably be sustained through restructuring, alternative


  14. staffing models, or system-level financial support;

  15. (2) No feasible alternatives exist that would maintain safe and accessible birthing services;


  16. (3) Closure shall not exacerbate maternal, newborn, racial, economic, or geographic


  17. disparities; and


  18. (4) Adequate, timely, and safe birthing access shall remain for the affected population.


  19. (i) Notwithstanding any other provision in the general laws, the director of the department

  20. of health shall have the sole authority to review all applications submitted under this section and


  21. shall issue a written decision within ninety (90) days of the public hearing that follows the


  22. applicant's submission of the completed closure application. The decision of the director of the


  23. department of health shall approve, deny, or approve with conditions, the closure application.


  24. (j) The department of health shall not amend a facility license issued pursuant to chapter


  25. 17 of title 23 to remove a birthing center unless the requirements of this section have been fulfilled.

  26. (k) Failure to comply with the requirements of this section shall subject the entity required


  27. to comply with the provisions of this section to civil penalties not to exceed twenty-five thousand


  28. dollars ($25,000) per violation. Each day of noncompliance shall constitute a separate violation.


  29. (l) The department of health shall adopt rules and regulations to implement and enforce the


  30. provisions of this section.

  31. SECTION 13. Title 27 of the General Laws entitled "INSURANCE" is hereby amended


  32. by adding thereto the following chapter:


  33. CHAPTER 84


  34. PHARMACY BENEFIT MANAGER TRANSPARENCY REPORTING AND STUDY ACT

    1. 27-84-1. Short title.


    2. This  chapter  shall  be  known  and  may  be  cited  as the  “Pharmacy  Benefit Manager


    3. Transparency Reporting and Study Act.”

    4. 27-84-2. Definitions.


    5. As used in this chapter:


    6. (1) "Aggregate retained rebate percentage" means the percentage of all rebates received


    7. from a manufacturer or other entity to a pharmacy benefit manager for prescription drug utilization


    8. which is not passed on to the pharmacy benefit manager’s health carrier clients. The percentage


    9. shall be calculated for each health carrier for rebates in the prior calendar years as follows:

    10. (i) The sum total dollar amount of rebates received from all pharmaceutical manufacturers


    11. for all utilization of covered persons of a health carrier that was not passed through to the health


    12. carrier;


    13. (ii) Divided by the sum total dollar amount of all rebates received from all pharmaceutical


    14. manufacturers for covered persons of a health carrier.

    15. (2) "Health benefit plan" means a policy, contract, certificate or agreement offered or


    16. issued by a health carrier to provide, deliver, arrange for, pay for or reimburse any of the costs of


    17. healthcare services.


    18. (3) "Health carrier" means an entity subject to the insurance laws and regulations of this


    19. state, or subject to the jurisdiction of the health insurance commissioner, that contracts or offers to

    20. contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of


    21. the cost of healthcare services, including a health insurance company, a health maintenance


    22. organization, a hospital and health services corporation, or any other entity providing a plan of


    23. health insurance, health benefits or healthcare services.


    24. (4) "Pharmacy benefit manager" means a person, business, or other entity that, pursuant to


    25. a contract or under an employment relationship with a health carrier, a self-insurance plan, or other

    26. third-party payer, either directly or through an intermediary, manages the prescription drug


    27. coverage provided by the health carrier, self-insurance plan, or other third-party payer including,


    28. but not limited to, the processing and payment of claims for prescription drugs, the performance of


    29. drug utilization review, the processing of drug prior authorization requests, the adjudication of


    30. appeals or grievances related to prescription drug coverage contracting with network pharmacies,

    31. and controlling the cost of covered prescription drugs.


    32. (5) "Rebates" means all price concessions paid by a manufacturer to a pharmacy benefit


    33. manager or health carrier, including rebates, discounts, and other price concessions that are based


    34. on actual or estimated utilization of a prescription drug. Rebates also include price concessions

  1. based on the effectiveness of a drug as in a value-based or performance-based contract.


  2. (6) "Spread pricing" means any amount charged or claimed by a pharmacy benefit manager


  3. to a health carrier that is in excess of the amount the pharmacy benefit manager paid to the

  4. pharmacy that filled the prescription.


  5. (7) "Trade secrets" has the meaning found in § 6-41-1.


  6. 27-84-3. Pharmacy benefit manager transparency.


  7. (a) Beginning March 1, 2027, and annually thereafter, each pharmacy benefit manager shall


  8. submit a transparency report containing data from the prior calendar year to the health insurance


  9. commissioner. The transparency report shall contain the following information:

  10. (1) The aggregate amount of all rebates that the pharmacy benefit manager received from


  11. all pharmaceutical manufacturers for all health carrier clients and for each health carrier client;


  12. (2) The aggregate administrative fees that the pharmacy benefit manager received from all


  13. manufacturers for all health carrier clients and for each health carrier client;


  14. (3) The aggregate retained rebates that the pharmacy benefit manager received from all

  15. pharmaceutical manufacturers and did not pass through to health carriers;


  16. (4) The aggregate retained rebate percentage as defined in § 27-84-2;


  17. (5) The highest, lowest, and mean aggregate retained rebate percentage for all health carrier


  18. clients and for each health carrier client; and


  19. (6)  A  response  to  a  set  of  standard  questions  developed  by  the  health  insurance

  20. commissioner regarding business practices including, but not limited to, rebate pass through


  21. practices, spread pricing, pharmacy network development, and utilization management.


  22. (b) A pharmacy benefit manager providing information under this section shall provide


  23. complete information to the health insurance commissioner but may request that the health


  24. insurance commissioner designate certain material as a trade secret with a factual and legal analysis


  25. supporting such request. Disclosure, however, may be ordered by a court of this state for good

  26. cause shown or made in a court filing.


  27. (c) Within sixty (60) days of receipt of complete reports, the health insurance commissioner


  28. shall publish the transparency report of each pharmacy benefit manager on the agency’s website in


  29. a form and manner that does not violate state trade secrets law.


  30. (d) The health insurance commissioner may impose administrative penalties in accordance

  31. with § 42-14-16 for violations of this section.


  32. 27-84-4. Pharmacy benefit manager study.


  33. (a) On or before October 1, 2027, the health insurance commissioner shall provide the


  34. governor and the general assembly with an analysis of the reporting information furnished pursuant

  1. to § 27-84-3. The report shall also include a review of the role of pharmacy benefit managers in the


  2. structure and cost of health insurance, a review of approaches to pharmacy benefit manager


  3. regulation in other states, and any recommended actions to improve the oversight of pharmacy

  4. benefit managers doing business in Rhode Island.


  5. (b) The health insurance commissioner may contract with actuaries and other subject


  6. matter experts to assist the commissioner in conducting the study required under this section. The


  7. actuaries and other experts shall serve under the direction of the health insurance commissioner.


  8. Health insurance companies doing business in this state including, but not limited to, nonprofit


  9. hospital service corporations and nonprofit medical service corporations established pursuant to

  10. chapters 19 and 20 of title 27, and health maintenance organizations established pursuant to chapter


  11. 41 of title 27, shall bear the cost of these actuaries and subject matter experts according to a


  12. schedule of their direct writing of health insurance in this state as determined by the health


  13. insurance commissioner. The amount to be invoiced to and paid by the above-described health


  14. insurance companies doing business in this state for the study conducted under this section shall

  15. not exceed a total of one hundred seventy-five thousand dollars ($175,000).


  16. 27-84-5. Regulations.


  17. The health insurance commissioner may promulgate rules and regulations as are necessary


  18. to carry out and effectuate the provisions of this chapter.


  19. SECTION 14. Section 42-7.4-3 of the General Laws in Chapter 42-7.4 entitled "The

  20. Healthcare Services Funding Plan Act" is hereby amended to read as follows:


  21. 42-7.4-3. Imposition of healthcare services funding contribution.


  22. (a) Each insurer is required to pay the healthcare services funding contribution for each


  23. contribution enrollee of the insurer at the time the contribution is calculated and paid, at the rate set


  24. forth in this section.


  25. (1) Beginning January 1, 2016, the secretary shall set the healthcare services funding

  26. contribution each fiscal year in an amount equal to: (i) The child immunization funding requirement


  27. described in § 23-1-46; plus (ii) The adult immunization funding requirement described in § 23-1-


  28. 46; plus (iii) The children’s health services funding requirement described in § 42-12-29; and all


  29. as divided by (iv) The number of contribution enrollees of all insurers.


  30. (2) The contribution set forth herein shall be in addition to any other fees or assessments

  31. upon the insurer allowable by law.


  32. (b) The contribution shall be paid by the insurer; provided, however, a person providing


  33. health benefits coverage on a self-insurance basis that uses the services of a third-party


  34. administrator shall not be required to make a contribution for a contribution enrollee where the

  1. contribution on that enrollee has been or will be made by the third-party administrator.


  2. (c) Beginning calendar year 2026, and sunsetting effective October 1, 2026, in addition to


  3. the assessment collection pursuant to subsection (a), there shall be an additional amount assessed

  4. pursuant to (i) and (ii), to support primary care and other critical healthcare programs totaling thirty


  5. million dollars ($30,000,000) annualized, which shall be deposited as general revenues.


  6. SECTION 15. Section 42-14.5-2.1 of the General Laws in Chapter 42-14.5 entitled "The


  7. Rhode Island Health Care Reform Act of 2004 — Health Insurance Oversight" is hereby amended


  8. to read as follows:


9 42-14.5-2.1. Definitions.

  1. As used in this chapter:


  2. (1) “Accountability standards” means measures including service processes, client and


  3. population outcomes, practice standard compliance, and fiscal integrity of social and human service


  4. providers on the individual contractual level and service type for all state contracts of the state or


  5. any subdivision or agency to include, but not limited to, the department of children, youth and

  6. families (DCYF), the department of behavioral healthcare, developmental disabilities and hospitals


  7. (BHDDH), the department of human services (DHS), the department of health (DOH), and


  8. Medicaid. This may include mandatory reporting, consolidated, standardized reporting, audits


  9. regardless of organizational tax status, and accountability dashboards of aforementioned state


  10. departments or subdivisions that are regularly shared with the public.

  11. (2) "Accountable care organization" means, for the purposes of § 42-14.5-3.2, a provider


  12. organization contracted with one or more payers and held accountable for the quality of health care,


  13. outcomes and total cost of care of an attributed commercial and/or Medicare population.


  14. (3) "Accountable entity" means, for the purposes of § 42-14.5-3.2, a provider organization


  15. contracted with one or more Rhode Island Medicaid insurers and held accountable for the quality


  16. of health care, outcomes and total cost of care of an attributed Medicaid population.

  17. (2)(4) “Executive Office of Health and Human Services (EOHHS)” means the department


  18. that serves as “principal agency of the executive branch of state government” (§ 42-7.2-2)


  19. responsible for managing the departments and offices of: health (RIDOH), human services (DHS),


  20. healthy aging (OHA), veterans services (VETS), children, youth and families (DCYF), and


  21. behavioral healthcare, developmental disabilities and hospitals (BHDDH). EOHHS is also

  22. designated as the single state agency with authority to administer the Medicaid program in Rhode


  23. Island.


  24. (5) "Healthcare cost growth target" means the targeted annual per capita growth rate for


  25. Rhode Island’s total healthcare spending, expressed as the percentage growth from the prior year’s

  1. per capita spending.


  2. (6) "Large provider entity" means a provider organization contracted with one or more


  3. payers that, at a minimum, includes professional providers to whom patients can be attributed, and

  4. that collectively, during any given calendar year, has at least sixty thousand (60,000) attributed


  5. member months across payers in the commercial, Medicaid or Medicare market, enabling the


  6. organization to participate in total cost of care contracts, even if it is not engaged in a total cost of


  7. care contract as an Accountable Care Organization or a Medicaid Accountable Entity.


  8. (7) "Market" means the highest level of categorization of the health insurance market and


  9. shall include Medicare Fee-For-Service and Medicare Managed Care, collectively referred to as

  10. the "Medicare market;" Medicaid Fee-for-Service and Medicaid Managed Care, collectively


  11. referred to as the "Medicaid market;" and individual, self-insured, small and large group markets


  12. and student health insurance, collectively referred to as the "commercial market."


  13. (8) "Net cost of private health insurance" means the costs to Rhode Island residents


  14. associated with the administration of private health insurance, including Medicare Managed Care

  15. and Medicaid Managed Care. It is defined as the difference between health premiums earned and


  16. benefits incurred, and consists of insurers’ costs of paying bills, advertising, sales commission and


  17. other administrative costs, premium taxes, and profits (or contributions to reserves) or losses.


  18. (9) "Payer" means any public payer, including Medicaid and Medicare; any health insurer


  19. offering  Medicaid  Managed  Care  or  Medicare  Managed  Care  plans  in  Rhode  Island;  any

  20. commercial health insurer, defined as an entity subject to the insurance laws and regulations of


  21. Rhode Island, or subject to the jurisdiction of the health insurance commissioner, that contracts or


  22. offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare


  23. services including, without limitation, an insurance company offering accident and sickness


  24. insurance, a health maintenance organization, a nonprofit hospital service corporation, a nonprofit


  25. medical service corporation, and a nonprofit hospital and medical service corporation; and any

  26. commercial health insurer that provides benefit administration for self-insured employers or labor


  27. trusts, or both.


  28. (10) "Pharmaceutical manufacturer" means any entity holding legal title to or possession


  29. of a national drug code number issued by the federal Food and Drug Administration.


  30. (11) "Pharmacy benefit manager" has the same meaning as defined in § 27-19-26.2.

  31. (12) "Primary care expenditures" means all claims-based and non-claims-based payments


  32. by commercial health insurers, Medicaid, and Medicare directly to a primary care practice or


  33. accountable care organization for primary care services delivered to Rhode Island residents at a


  34. primary care site of care, which shall include a primary care outpatient setting, federally qualified

  1. health center, school-based health center, or via telehealth, but shall not include a third-party


  2. telehealth vendor that does not contract with such sites of care to deliver services. A primary care


  3. site of care also does not include urgent care centers or retail pharmacy clinics.

  4. (3)(13) “Primary care services” means, for the purposes of reporting required under § 42-


  5. 14.5-3(t), professional services rendered by primary care providers at a primary care site of care,


  6. including care management services performed in the context of team-based primary care.


  7. (14) "Provider" has the same meaning as defined in §§ 27-18-1.1, 27-19-1, and 27-20-1.


  8. (4)(15) “Rate review” means the process of reviewing and reporting of specific trending


  9. factors that influence the cost of service that informs rate setting.

  10. (5)(16) “Rate setting” means the process of establishing rates for social and human service


  11. programs that are based on a thorough rate review process.


  12. (6)(17) “Social and human service program” means a social, mental health, developmental


  13. disability, child welfare, juvenile justice, prevention services, habilitative, rehabilitative, substance


  14. use disorder treatment, residential care, adult or adolescent day services, vocational, employment

  15. and training, or aging service program or accommodations purchased by the state.


  16. (7)(18) “Social and human service provider” means a provider of social and human service


  17. programs pursuant to a contract with the state or any subdivision or agency to include, but not be


  18. limited to, the department of children, youth and families (DCYF), the department of behavioral


  19. healthcare, developmental disabilities and hospitals (BHDDH), the department of human services

  20. (DHS), the department of health (DOH), and Medicaid.


  21. (8)(19) “State government and the provider network” refers to the contractual relationship


  22. between a state agency or subdivision of a state agency and private companies the state contracts


  23. with to provide the network of mandated and discretionary social and human services.


  24. (20) "Total healthcare expenditures" means the total medical expense incurred by Rhode


  25. Island residents for all healthcare services for all payers reporting to the office of the health

  26. insurance commissioner, inclusive of prescription drugs, plus their net cost of private health


  27. insurance.


  28. (21) "Total medical expense" means the sum of the allowed amount of total claims and


  29. total non-claims spending paid to providers, inclusive of prescription drugs, incurred by Rhode


  30. Island residents for all healthcare services.

  31. SECTION 16. Chapter 42-14.5 of the General Laws entitled "The Rhode Island Health


  32. Care Reform Act of 2004 — Health Insurance Oversight" is hereby amended by adding thereto the


  33. following section:


  34. 42-14.5-3.2. Health spending accountability and transparency program.

  1. (a) The health insurance commissioner shall establish a health spending accountability and


  2. transparency program with the following goals that are designed to promote affordability and curb


  3. healthcare spending growth in Rhode Island:

  4. (1) Understand and create transparency around healthcare costs and the drivers of cost


  5. growth;


  6. (2) Create shared accountability for healthcare costs and cost growth among insurers,


  7. providers, and government by measuring performance against a cost growth target tied to one or


  8. more economic indicators; and


  9. (3) Lessen the negative impact of rising healthcare costs on Rhode Island residents,

  10. businesses, and government.


  11. (b) The health insurance commissioner shall administer the health spending accountability


  12. and transparency program and shall convene and chair the following advisory bodies to provide


  13. input into the implementation of the program:


  14. (1) An affordability advisory committee comprised of individuals without direct financial

  15. interests in the healthcare system including, but not limited to, independent health policy experts,


  16. consumers  or  consumer  representatives,  employers  or  employer  representatives,  and


  17. representatives of organized labor. The affordability advisory committee shall consist of eight (8)


  18. members, as follows:


  19. (i) Two (2) independent health policy expert members shall be appointed by the governor;

  20. (ii) One consumer representative and one employer or organized labor representative shall


  21. be appointed by the president of the senate;


  22. (iii) One consumer representative and one employer or organized labor representative shall


  23. be appointed by the speaker of the house;


  24. (iv) The secretary of health and human services or their designee; and


  25. (v) The health insurance commissioner or their designee;

  26. (2) A stakeholder advisory council that includes, but shall not be limited to, representatives


  27. of  hospitals,  health  insurers,  providers,  and  pharmaceutical  manufacturers,  in  addition  to


  28. independent health policy experts, consumers or consumer representatives, employers or employer


  29. representatives, and representatives of organized labor, all of whom shall be appointed by the health


  30. insurance commissioner.

  31. (c) For calendar years 2026 and 2027, the health insurance commissioner shall establish


  32. the annual healthcare cost growth targets pursuant to the 2023 Compact to Reduce the Growth in


  33. Healthcare Costs while Improving Healthcare Access, Equity, Patient Experience, and Quality in


  34. Rhode Island.

    1. (d) Not later than July 1, 2027, and every five (5) years thereafter, the health insurance


    2. commissioner shall establish annual healthcare cost growth targets for the succeeding five (5)


    3. calendar years for payers and large provider entities. In developing the healthcare cost growth

    4. targets, the commissioner shall minimally consider:


    5. (1) Historical and forecasted changes in median household income in the state;


    6. (2) The growth rate of potential gross state product;


    7. (3) The most recent annual report prepared by the health insurance commissioner, pursuant


    8. to subsection (g) of this section;


    9. (4) Recommendations from the affordability advisory committee and stakeholder advisory

    10. council  established  pursuant  to  subsections  (b)(1)  and  (b)(2)  of  this  section,  including  any


    11. information and analyses used to inform such recommendations.


    12. (e) Not later than July 1, 2027, and every five (5) years thereafter, the health insurance


    13. commissioner, in collaboration with the executive office of health and human services, shall


    14. establish annual all-payer primary care investment targets for the succeeding five (5) calendar

    15. years. In developing the all-payer primary care investment targets, the commissioner shall consider


    16. recommendations from the affordability advisory committee and stakeholder advisory council


    17. pursuant to subsections (b)(1) and (b)(2) of this section.


    18. (f) The health insurance commissioner shall establish requirements for payers to report data


    19. and  other  information  necessary  to  calculate  and  monitor  healthcare  cost  growth;  evaluate

    20. performance against the healthcare cost growth target established under subsections (c) and (d) of


    21. this section; evaluate performance against the all-payer primary care investment target established


    22. under  subsection  (e)  of  this  section;  and  measure  quality,  public  health,  and  health  equity


    23. performance, as defined by the health insurance commissioner. Such data shall include but not be


    24. limited to:


    25. (1) Total and per capita healthcare expenditures;

    26. (2) Total and per capita medical expenses;


    27. (3) Net cost of private health insurance;


    28. (4) Primary care expenditures;


    29. (5) Quality performance data from the office of the health insurance commissioner’s


    30. aligned measure set, as designated by the health insurance commissioner, with input from a

    31. workgroup  with  expertise  in  quality  measure  alignment  convened  by  the  health  insurance


    32. commissioner; and


    33. (6) Performance on a set of public health and accountability measures, as designated by the


    34. health insurance commissioner, with input from the executive office of health and human services,

  1. the department of health, and a workgroup with expertise in public health convened by the health


  2. insurance commissioner.


  3. (g) The health insurance commissioner shall publish an annual report on healthcare

  4. spending and quality in Rhode Island which includes, but is not limited to, the following:


  5. (1) Total and per capita healthcare spending trends at the statewide, insurance market,


  6. individual payer, and large provider entity levels, including performance against the cost growth


  7. target at each of these levels;


  8. (2) Net cost of private health insurance by insurance market and payer;


  9. (3) Primary care spending as a percentage of total medical expenses and annual primary

  10. care spending growth, including progress toward meeting the all-payer primary care investment


  11. target established in subsection (e) of this section;


  12. (4) An analysis of the drivers of healthcare spending growth by service category, as well


  13. as the relative contribution of utilization and price on the rate of growth, using data from the All-


  14. Payer Claims Database;

  15. (5) Performance on select quality measures from the health insurance commissioner


  16. commissioner’s aligned measure set, pursuant to subsection (f)(5) of this section;


  17. (6)  Performance  on  a  set  of  public  health  and  accountability  measures  pursuant  to


  18. subsection (f)(6) of this section;


  19. (7)  Status  of  ongoing  performance  improvement  plans,  results  of  performance

  20. improvement plans completed during the prior performance year, and any penalties imposed due


  21. to non-compliance with developing or implementing a performance improvement plan pursuant to


  22. subsection (i) of this section; and


  23. (8) Recommendations for policy changes that may include, but not be limited to, strategies


  24. to improve affordability for Rhode Island residents, control healthcare spending growth while


  25. maintaining high standards for quality health care, and improve the oversight, performance and

  26. efficiency of Rhode Island’s healthcare system.


  27. (h)(1)  The  health  insurance  commissioner  shall  convene  an  annual  public  hearing


  28. following the release of the annual report required pursuant to subsection (g) of this section. Such


  29. public hearing shall involve an examination of:


  30. (i) The report most recently prepared by the health insurance commissioner pursuant to

  31. subsection (g) of this section;


  32. (ii)  The  expenditures  of  provider  entities  and  payers  including,  but  not  limited  to,


  33. healthcare cost trends, primary care spending as a percentage of total medical expenses, and the


  34. factors contributing to such costs and expenditures; and

    1. (iii) Any other matters that the health insurance commissioner deems relevant for the


    2. purposes of this section.


    3. (2) The health insurance commissioner may require any payer or provider entity that, for

    4. the performance year, is found to have exceeded the healthcare cost growth target or has failed to


    5. meet the all-payer primary care investment target, to participate in such hearing. The health


    6. insurance commissioner may further require any payer, provider entity, or other entity including,


    7. but not limited to, a pharmaceutical manufacturer or pharmacy benefit manager, that is found to


    8. have significantly contributed to healthcare spending growth in the state, as determined by the


    9. commissioner, to participate in such hearing. Each payer, provider entity, or other entity that is

    10. required to participate in such hearing shall provide testimony on issues identified by the health


    11. insurance commissioner and provide additional information on actions taken to reduce such payer’s


    12. or entity’s contribution to future statewide healthcare spending or to increase such payer’s or


    13. provider entity’s primary care spending as a percentage of total medical expenses.


    14. (3) The health insurance commissioner shall allow representatives from consumer groups,

    15. employers, organized labor, community organizations, members of the public, and other interested


    16. parties to provide testimony as part of the annual public hearing.


    17. (i)(1) The health insurance commissioner may require any commercial health insurer or


    18. large provider entity that has commercial market spending growth that exceeds the healthcare cost


    19. growth target in any two (2) out of three (3) performance years to develop and implement a

    20. performance improvement plan. For the purposes of requiring a performance improvement plan, a


    21. large provider entity must have at least one hundred twenty thousand (120,000) attributed member


    22. months across commercial health insurers.


    23. (2) A performance improvement plan must:


    24. (i) Identify key spending drivers and include concrete strategies and steps a large provider


    25. entity or commercial health insurer will take to address such spending drivers;

    26. (ii) Identify an appropriate timeline for implementation, including a timeframe by which


    27. the large provider entity or commercial health insurer will be subject to an evaluation by the health


    28. insurance commissioner; and


    29. (iii) Have clear measurements of success. The commissioner may provide guidance,


    30. feedback, and additional recommendations to a commercial health insurer or large provider entity

    31. in developing a performance improvement plan.


    32. (3) The health insurance commissioner shall review and approve, modify, or reject all


    33. performance improvement plans.


    34. (4) The health insurance commissioner shall monitor implementation throughout the

      1. duration  of  the  performance  improvement  plan  to  assess  compliance  with  the  performance


      2. improvement plan’s terms and shall determine at the conclusion of the performance improvement


      3. plan whether the entity has adequately addressed the targeted spending drivers.

      4. (5) If the health insurance commissioner determines that the performance improvement


      5. plan does not adequately meet the requirements in subsection (i)(2) of this section, or that an entity


      6. has failed to comply with the terms of the performance improvement plan pursuant to subsection


      7. (i)(4), the commissioner may impose a financial penalty on the commercial health insurer or large


      8. provider entity. The health insurance commissioner shall develop criteria for imposing the financial


      9. penalty based on factors that include, but are not limited to:

      10. (i) The degree to which the large provider entity or commercial health insurer exceeded the


      11. target;


      12. (ii) The size of the large provider entity or commercial health insurer entity;


      13. (iii) The good faith efforts of the large provider entity or commercial health insurer to


      14. address healthcare spending growth; and

      15. (iv) The financial condition of the large provider entity or commercial health insurer,


      16. according to criteria adopted by the health insurance commissioner.


      17. (6) The total cost of the health insurance commissioner’s review of a performance


      18. improvement plan pursuant to subsection (i)(3) of this section, monitoring implementation of a


      19. performance improvement plan pursuant to subsection (i)(4) of this section, and determination of

      20. compliance with a performance improvement plan pursuant to subsection (i)(4) of this section shall


      21. be borne by the commercial health insurer or large provider entity subject to the performance


      22. improvement plan, according to parameters defined by the health insurance commissioner.


      23. (j) The health insurance commissioner may establish data sharing agreements with the


      24. executive office of health and human services, department of health, and any other identified state


      25. agency to meet the requirements of this section and ensure a comprehensive view of healthcare

      26. spending trends.


      27. (k) The health insurance commissioner shall adopt a schedule of civil penalties determined


      28. by the severity of the violation for:


      29. (1) Any payer that fails to submit required data, submits incomplete data, or otherwise


      30. obstructs data reporting pursuant to subsection (f) of this section; and

      31. (2) Any payer, provider, or other entity that fails to comply with the health insurance


      32. commissioner’s  request  to  provide  testimony  during  the  annual  public  hearing  pursuant  to


      33. subsection (h) of this section.


      34. SECTION 17. Title 42 of the General Laws entitled "STATE AFFAIRS AND

        1. GOVERNMENT" is hereby amended by adding thereto the following chapter:


        2. CHAPTER 157.2


        3. RHODE ISLAND MARKETPLACE AFFORDABILITY PROGRAM ACT OF 2026

        4. 42-157.2-1. Short title and purpose.


        5. (a) This chapter shall be known and may be cited as the "Rhode Island Marketplace


        6. Affordability Program Act of 2026."


        7. (b) The purpose of this chapter is to create a state affordability program to reduce health


        8. insurance  premiums for  low-  and moderate-income consumers enrolled in health insurance


        9. coverage through the Rhode Island health benefit exchange.

10 42-157.2-2. Definitions.


  1. As used in this chapter:


  2. (1) "Exchange" means the Rhode Island health benefit exchange established within the


  3. department of administration by § 42-157-1.


  4. (2) "Health insurance coverage" has the same meaning as set forth in § 27-18.5-2.

  5. (3) "Individual market" has the same meaning as set forth in § 27-18.5-2.


  6. (4) “Insurer” has the same meaning as set forth in § 42-157-2.


  7. (5) "Program" means the Rhode Island individual market affordability program established


18 by § 42-157.2-3.


  1. (6) "State" means the State of Rhode Island.

  2. 42-157.2-3.  Establishment  of  the  Rhode  Island  individual  market  affordability


  3. program.


  4. (a) The exchange is authorized to establish and administer a state-based affordability


  5. program, to be known as the Rhode Island individual market affordability program.


  6. (b) The program is intended to mitigate the impact of high and rising healthcare costs for


  7. low- and middle-income Rhode Islanders who purchase health insurance coverage through the

  8. exchange.


  9. (c) The program may provide state-based subsidies to individuals enrolled in health


  10. insurance coverage through the exchange to make health insurance coverage more accessible and


  11. affordable for individuals and households.


  12. 42-157.2-4. General program parameters.

  13. (a) State-based subsidy amounts shall be based on annual affordability percentages,


  14. following the methodology established by the exchange under § 42-157.2-5.


  15. (b) Any state-based subsidy provided by the program will be remitted by the exchange to


  16. the insurer selected by the eligible enrollee.

    1. (c) A state-based subsidy provided by the program shall be provided only to a Rhode Island


    2. resident who is determined eligible by the exchange for the federal premium tax credit authorized


    3. under § 36B of the Internal Revenue Code and enrolled in health insurance coverage through the

    4. exchange.


    5. (1) A state-based subsidy may also be provided by the program to a Rhode Island resident


    6. whose household income exceeds the limit set forth under § 36B of the Internal Revenue Code but


    7. meets all other eligibility criteria for the federal premium tax credit authorized under § 36B of the


    8. Internal Revenue Code, and is enrolled in health insurance coverage through the exchange.


    9. 42-157.2-5. Adoption of methodology and annual affordability percentages.

    10. (a) Subject to appropriation, the exchange shall adopt by September 30, and may amend,


    11. annual affordability percentages for each upcoming coverage year to implement this chapter.


    12. (b) Methodology for determining annual affordability percentages shall be set forth in


    13. regulations promulgated by the exchange, consistent with the purposes of this chapter. The


    14. exchange shall utilize this methodology to develop the annual affordability percentages.

    15. (c) Annual affordability percentages, and any amendments thereto, shall be adopted by the


    16. exchange after a duly noticed public meeting with advice from the exchange advisory board


    17. established under § 42-157-7.


    18. (1) The affordability percentages adopted for a coverage year shall be based on funds


    19. appropriated for the fiscal year that includes the first six (6) months of that coverage year to the

    20. program for that coverage year and consistent with the parameters specified in § 42-157.2-4.


    21. (i) All unexpended or unencumbered balances of appropriations at the end of any fiscal


    22. year shall be reappropriated to the following fiscal year and made immediately available for same


    23. purposes as the former appropriations.


    24. (2) The exchange shall provide appropriate opportunities for stakeholders and the public


    25. to consult in the adoption of the affordability percentages.

    26. (3) The affordability percentages shall be tailored to maximize impact, targeting premium


    27. assistance to enrollees based on their income and premium burden after accounting for other federal


    28. and state assistance.


    29. (i) For the year beginning January 1, 2027, the affordability percentages shall prioritize


    30. households with incomes below two hundred percent (200%) of the federal poverty level.

    31. 42-157.2-6. Rules and regulations.


    32. (a) The exchange may promulgate regulations as necessary to carry out the purposes of this


    33. chapter.


    34. (b) The requirements of chapter 35 of title 42 (the "administrative procedures act") shall

      1. apply for any rules or regulations established or issued by the exchange pursuant to this chapter,


      2. except for the first implementation year of the program established under this chapter.


      3. (1)  For  the  first  implementation  year,  the  exchange  shall  provide  opportunities  for

      4. stakeholders and the public to provide input. This shall include, but is not limited to:


      5. (i)  A  duly  noticed  public  meeting  with  advice  from  the  exchange  advisory  board


      6. established under § 42-157-7;


      7. (ii) A thirty (30) day public comment period; and


      8. (iii)  Presentation  by  the  exchange  to  the  public  of  accompanying  explanatory


      9. documentation outlining any proposed regulatory adoption, any significant changes thereto, and

      10. the rationale for those decisions.


      11. 42-157.2-7. Construction.


      12. (a) This chapter shall not be construed to create an entitlement, medical assistance, or


      13. public assistance program of any kind, to appropriate any funds, to require the general assembly to


      14. appropriate any funds, or to increase or decrease taxes owed by a taxpayer.

      15. (b) In construing this chapter, the regulations promulgated by the exchange pursuant to §


      16. 42-157-14 shall apply to the extent those regulations do not conflict with this chapter or regulations


      17. promulgated by the exchange pursuant to § 42-157.2-6(a).


      18. 42-157.2-8. Severability.


      19. The provisions of this chapter are severable, and if any provision hereof shall be held

      20. invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances.


      21. SECTION 18. Section 42-166-2 of the General Laws in Chapter 42-166 entitled "The


      22. Ladders to Licensure Program" is hereby amended to read as follows:


      23. 42-166-2. Use of appropriated funds.


      24. Any appropriated funds shall be used to provide grants to three (3) or four (4) at least two


      25. (2) grantee partnerships, consisting of multiple private sector health and human services employer

      26. organizations and education grantee partnerships (with at least one focused on behavioral health


      27. and one focused on nursing). Employers will be required to contribute a twenty-five percent (25%)


      28. in-kind match and a ten percent (10%) cash match.


      29. SECTION 19. This article shall take effect upon passage.


        1. ARTICLE 13

          =======

          art.013/5/013/4/013/3/013/2/013/1

          =======


        2. RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2026


        3. SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in


        4. this act, the following general revenue amounts are hereby appropriated out of any money in the


        5. treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2026.


        6. The amounts identified for federal funds and restricted receipts shall be made available pursuant to


        7. § 35-4-22 and chapter 41 of title 42. For the purposes and functions hereinafter mentioned, the state

        8. controller is hereby authorized and directed to draw the state controller’s orders upon the general


        9. treasurer for the payment of such sums or such portions thereof as may be required from time to


        10. time upon receipt by the state controller of properly authenticated vouchers.


          11


          FY 2026

          FY 2026

          FY 2026

          12


          Enacted

          Change

          FINAL

          13

          Administration




          14

          Central Management




          15

          General Revenues

          4,359,358

          (364,055)

          3,995,303

          16

          Federal Funds




          17

          Federal Funds

          33,000,000

          (26,168,445)

          6,831,555

          18

          Federal Funds – State Fiscal Recovery Fund




          19

          Community Learning Center Programming




          20

          Support Grant

          0

          2,000,000

          2,000,000

          21

          Municipal Public Safety Infrastructure

          0

          4,400,236

          4,400,236

          22

          Public Health Response Warehouse Support

          0

          1,000,562

          1,000,562

          23

          Restricted Receipts

          193,701

          0

          193,701

          24

          Total - Central Management

          37,553,059

          (19,131,702)

          18,421,357

          25

          Legal Services




          26

          General Revenues

          2,872,990

          (92,294)

          2,780,696

          27

          Accounts and Control




          28

          General Revenues

          5,804,845

          214,013

          6,018,858

          29

          Restricted Receipts - OPEB Board Administration

          150,959

          23,575

          174,534

          30

          Restricted Receipts - Grants Management





          1 Administration

          2,540,109

          (1,385,873)

          1,154,236

          2 Total - Accounts and Control

          8,495,913

          (1,148,285)

          7,347,628

          3 Office of Management and Budget




          4 General Revenues

          11,000,012

          (726,931)

          10,273,081

          5 Federal Funds




          6 Federal Funds

          151,689

          (1,097)

          150,592

          7 Federal Funds – Capital Projects Fund




          8 CPF Administration

          530,582

          922,803

          1,453,385

          9 Federal Funds – State Fiscal Recovery Fund




          10 Pandemic Recovery Office

          1,436,547

          (211,894)

          1,224,653

          11 Restricted Receipts

          300,000

          0

          300,000

          12 Other Funds

          1,242,011

          (71,378)

          1,170,633

          13 Total - Office of Management and Budget

          14,660,841

          (88,497)

          14,572,344

          14 Purchasing




          15 General Revenues

          4,008,986

          (170,228)

          3,838,758

          16 Restricted Receipts

          1,262,987

          511,718

          1,774,705

          17 Other Funds

          636,500

          10,265

          646,765

          18 Total - Purchasing

          5,908,473

          351,755

          6,260,228

          19 Human Resources




          20 General Revenues

          889,580

          86,675

          976,255

          21 Personnel Appeal Board




          22 General Revenues

          160,838

          (9,891)

          150,947

          23 Information Technology




          24 General Revenues

          1,838,147

          222,030

          2,060,177


          1. Of this amount, $1,360,177 is provided for the state match for the State and Local

          2. Cybersecurity Grant Program.  Provided further that any unexpended or unencumbered balances


          3. as of June 30, 2026 are hereby reappropriated to the following fiscal year.


          4. Federal Funds – State Fiscal Recovery Fund


            29 ERP Implementation Support

            0

            563,506

            563,506

            30 Restricted Receipts

            1,162,424

            34,969,669

            36,132,093

            31 Total - Information Technology

            3,000,571

            35,755,205

            38,755,776

            32 Library and Information Services




            33 General Revenues

            2,143,053

            18,188

            2,161,241

            34 Federal Funds

            1,617,500

            (5,765)

            1,611,735


            1

            Restricted Receipts

            6,990

            0

            6,990

            2

            Total - Library and Information Services

            3,767,543

            12,423

            3,779,966

            3

            Planning




            4

            General Revenues

            1,222,229

            (68,716)

            1,153,513

            5

            Federal Funds

            3,050

            (3,050)

            0

            6

            Restricted Receipts

            50,000

            0

            50,000

            7

            Other Funds




            8

            Air Quality Modeling

            24,000

            0

            24,000

            9

            Federal Highway - PL Systems Planning

            3,821,438

            (34,123)

            3,787,315

            10

            State Transportation Planning Match

            504,926

            150,794

            655,720

            11

            FTA - Metro Planning Grant

            1,525,830

            22,142

            1,547,972

            12

            Total - Planning

            7,151,473

            67,047

            7,218,520

            13

            General




            14

            General Revenues




            15

            Miscellaneous Grants/Payments

            811,678

            0

            811,678

            16

            Torts Court Awards

            1,750,000

            (250,000)

            1,500,000

            17

            Wrongful Conviction Awards

            1,000,000

            (1,000,000)

            0

            18

            Resource Sharing and State Library Aid

            12,095,022

            0

            12,095,022

            19

            Library Construction Aid

            2,115,628

            0

            2,115,628

            20

            Hospital Financing Support Debt Service Reserve




            21

            Fund (Pursuant to P.L. 2026, Ch. 1)

            0

            18,000,000

            18,000,000

            22

            Federal Funds- Capital Projects Fund




            23

            Community Learning Center Municipal




            24

            Grant Program

            0

            70,765,063

            70,765,063

            25

            Restricted Receipts

            1,113,557

            482,443

            1,596,000

            26

            Other Funds




            27

            Rhode Island Capital Plan Funds




            28

            Security Measures State Buildings

            700,000

            48,142

            748,142

            29

            Cranston Street Armory

            600,000

            (500,000)

            100,000

            30

            State House Renovations

            1,759,000

            4,058,137

            5,817,137

            31

            Zambarano Buildings and Campus

            4,500,000

            18,775,952

            23,275,952

            32

            Replacement of Fueling Tanks

            430,000

            1,061,480

            1,491,480

            33

            Environmental Compliance

            225,000

            475,605

            700,605

            34

            Big River Management Area

            797,000

            649,895

            1,446,895


            1

            Shepard Building Upgrades

            2,805,000

            1,663,020

            4,468,020

            2

            RI Convention Center Authority

            2,800,000

            0

            2,800,000

            3

            Pastore Center Power Plant

            2,000,000

            552,612

            2,552,612

            4

            DoIT Enterprise Operations Center

            5,550,000

            (1,382,995)

            4,167,005

            5

            Cannon Building

            150,000

            47,658

            197,658

            6

            Old State House

            600,000

            1,179,347

            1,779,347

            7

            State Office Building

            500,000

            600,111

            1,100,111

            8

            State Office Reorganization & Relocation

            750,000

            1,012,964

            1,762,964

            9

            William Powers Building

            2,500,000

            2,300,453

            4,800,453

            10

            Pastore Center Non-Hospital Buildings Asset




            11

            Protection

            7,750,000

            11,069,333

            18,819,333

            12

            Washington County Government Center

            100,000

            27,311

            127,311

            13

            Chapin Health Laboratory

            100,000

            100,655

            200,655

            14

            560 Jefferson Blvd Asset Protection

            2,050,000

            (203,580)

            1,846,420

            15

            Arrigan Center

            200,000

            94,888

            294,888

            16

            Civic Center

            3,800,000

            0

            3,800,000

            17

            Veterans Auditorium

            380,000

            0

            380,000

            18

            Pastore Center Hospital Buildings Asset




            19

            Protection

            1,000,000

            988,418

            1,988,418

            20

            Pastore Campus Infrastructure

            15,000,000

            19,227,222

            34,227,222

            21

            Community Facilities Asset Protection

            225,000

            490,380

            715,380

            22

            Medical Examiners - New Facility

            50,000

            1,742,038

            1,792,038

            23

            Group Home Replacement & Rehabilitation

            5,000,000

            1,984,225

            6,984,225

            24

            Expo Center

            500,000

            922,590

            1,422,590

            25

            Group Homes Consolidation

            5,350,000

            1,780,051

            7,130,051

            26

            Accessibility - Facility Renovations

            0

            420,686

            420,686

            27

            BHDDH Group Homes

            0

            139,769

            139,769

            28

            Hospital Reorganization

            0

            12,175,644

            12,175,644

            29

            Pastore Center Buildings Demolition

            0

            5,545,540

            5,545,540

            30

            Statewide Facility Master Plan

            0

            545,258

            545,258

            31

            State Land Use Planning Study

            0

            250,000

            250,000

            32

            Zambarano LTAC Hospital

            0

            6,439,929

            6,439,929

            33

            Total - General

            87,056,885

            182,280,244

            269,337,129

            34

            Debt Service Payments





            1 General Revenues

            178,801,286

            (13,260,160)

            165,541,126

            2 Other Funds




            3 Transportation Debt Service

            32,982,697

            (330,710)

            32,651,987

            4 Investment Receipts - Bond Funds

            100,000

            0

            100,000

            5 Total - Debt Service Payments

            211,883,983

            (13,590,870)

            198,293,113

            6 Rhode Island Health Benefits Exchange




            7 General Revenues

            1,889,227

            (776,000)

            1,113,227

            8 Federal Funds

            10,758,473

            (1,203,479)

            9,554,994

            9 Restricted Receipts

            17,298,973

            4,055,119

            21,354,092

            10 Total - Rhode Island Health Benefits




            11 Exchange

            29,946,673

            2,075,640

            32,022,313

            12 Division of Equity, Diversity & Inclusion




            13 General Revenues

            2,308,469

            (492,065)

            1,816,404

            14 Other Funds

            108,978

            174

            109,152

            15 Total - Division of Equity, Diversity &




            16 Inclusion

            2,417,447

            (491,891)

            1,925,556

            17 Capital Asset Management and Maintenance




            18 General Revenues

            10,990,302

            98,234

            11,088,536

            19 Federal Funds

            0

            750,000

            750,000

            20 Total - Capital Asset Management and Maintenance 10,990,302

            848,234

            11,838,536

            21 Statewide Personnel and Operations



            22 FEMA Contingency Reserve



            23 General Revenues 2,500,000

            (559,909)

            1,940,091

            24 Primary Care Health Assessment State Cost



            25 General Revenues 750,000

            (750,000)

            0

            26 Federal Funds 100,500

            (100,500)

            0

            27 Restricted Receipts 44,575

            (44,575)

            0

            28 Other Funds 477,295

            (477,295)

            0

            29 Total - Statewide Personnel and Operations 3,872,370

            (1,932,279)

            1,940,091

            30 Grand Total - Administration 430,628,941

            184,991,514

            615,620,455

            31 Office of Energy Resources



            32 General Revenues 0

            275,313

            275,313


            1. Provided that $56,111 is allocated to support the electric bicycle rebate program and


            2. $219,202 is for the electric leaf blower rebate program.  Provided further that unexpended or

            1. unencumbered balances as of June 30, 2026 are hereby reappropriated to the following fiscal year.


            2 Federal Funds




            3 Federal Funds

            31,554,214

            (15,716,395)

            15,837,819

            4 Federal Funds – State Fiscal Recovery Fund




            5 Electric Heat Pump Grant Program

            0

            697,440

            697,440

            6 Restricted Receipts

            39,089,028

            (1,384,204)

            37,704,824

            7 Other Funds




            8 National Electric Vehicle Infrastructure Formula




            9 Program

            4,668,785

            2,401,355

            7,070,140

            10 Rhode Island Capital Plan Funds




            11 Energy Efficiency Improvements

            1,000,000

            0

            1,000,000

            12 Grand Total – Office of Energy Resources

            76,312,027

            (13,726,491)

            62,585,536

            13 Business Regulation




            14 Central Management




            15 General Revenues

            4,360,810

            (417,655)

            3,943,155

            16 Restricted Receipts

            39,014

            0

            39,014

            17 Total - Central Management

            4,399,824

            (417,655)

            3,982,169

            18 Banking Regulation




            19 General Revenues

            2,107,972

            (68,694)

            2,039,278

            20 Restricted Receipts

            50,000

            50,000

            100,000

            21 Total - Banking Regulation

            2,157,972

            (18,694)

            2,139,278

            22 Securities Regulation




            23 General Revenues

            1,000,863

            (5,105)

            995,758

            24 Insurance Regulation




            25 General Revenues

            5,125,539

            5,773

            5,131,312

            26 Restricted Receipts

            1,617,538

            800,000

            2,417,538

            27 Total - Insurance Regulation

            6,743,077

            805,773

            7,548,850

            28 Office of the Health Insurance Commissioner




            29 General Revenues

            3,107,152

            (75,848)

            3,031,304

            30 Federal Funds




            31 Federal Funds

            439,300

            90,000

            529,300

            32 Rural Health Transformation Program

            0

            414,675

            414,675

            33 Restricted Receipts

            603,592

            (7,267)

            596,325

            34 Total - Office of the Health Insurance





            1 Commissioner

            4,150,044

            421,560

            4,571,604

            2 Board of Accountancy




            3 General Revenues

            5,490

            0

            5,490

            4 Commercial Licensing and Gaming and Athletics Licensing


            5 General Revenues


            1,268,739


            95,957


            1,364,696

            6 Restricted Receipts

            1,045,581

            201,906

            1,247,487


            7 Total - Commercial Licensing and Gaming and Athletics


            8 Licensing


            2,314,320


            297,863


            2,612,183

            9 Building, Design and Fire Professionals




            10 General Revenues

            8,793,216

            242,341

            9,035,557

            11 Federal Funds

            346,788

            (2,500)

            344,288

            12 Restricted Receipts

            2,130,377

            310,041

            2,440,418

            13 Other Funds




            14 Quonset Development Corporation

            52,983

            14,323

            67,306

            15 Rhode Island Capital Plan Funds




            16 Fire Academy Expansion

            7,000,000

            839,925

            7,839,925

            17 Total - Building, Design and Fire




            18 Professionals

            18,323,364

            1,404,130

            19,727,494

            19 Grand Total - Business Regulation

            39,094,954

            2,487,872

            41,582,826

            20 RI Cannabis Control Commission




            21 Restricted Receipts

            7,303,563

            (17,033)

            7,286,530

            22 Executive Office of Commerce




            23 Central Management




            24 General Revenues

            2,369,982

            16,871

            2,386,853

            25 Quasi-Public Appropriations




            26 General Revenues




            27 Rhode Island Commerce Corporation

            8,506,041

            0

            8,506,041

            28 Airport Impact Aid

            1,010,036

            0

            1,010,036


          5. Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be


          6. distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the

          7. total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)


          8. of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2025


          9. at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,


          10. T.F. Green International Airport and Westerly Airport, respectively. The Rhode Island commerce

          1. corporation shall make an impact payment to the towns or cities in which the airport is located


          2. based on this calculation. Each community upon which any part of the above airports is located


          3. shall receive at least $25,000.


          4 STAC Research Alliance

          900,000

          0

          900,000

          5 Innovative Matching Grants/Internships

          1,000,000

          0

          1,000,000

          6 I-195 Redevelopment District Commission

          1,245,050

          0

          1,245,050

          7 Polaris Manufacturing Grant

          500,000

          0

          500,000

          8 East Providence Waterfront Commission

          50,000

          0

          50,000

          9 Urban Ventures

          140,000

          0

          140,000

          10 Chafee Center at Bryant

          476,200

          0

          476,200

          11 Blackstone Valley Visitor Center

          75,000

          0

          75,000

          12 Industrial Recreational Building Authority




          13 Obligations

          105,094

          0

          105,094

          14 Federal Funds – State Fiscal Recovery Fund




          15 Port of Davisville

          0

          279

          279

          16 Other Funds




          17 Rhode Island Capital Plan Funds




          18 I-195 Redevelopment District Commission

          700,000

          34,602

          734,602

          19 I-195 Park Improvements

          1,100,000

          1,374,643

          2,474,643

          20 Quonset Infrastructure

          2,500,000

          0

          2,500,000

          21 PFAS Mitigation at Quonset Business Park

          1,000,000

          0

          1,000,000

          22 Total - Quasi-Public Appropriations

          19,307,421

          1,409,524

          20,716,945

          23 Economic Development Initiatives Fund




          24 General Revenues




          25 Rebuild RI Tax Credit Fund

          10,085,000

          0

          10,085,000

          26 Destination Marketing

          1,400,000

          0

          1,400,000

          27 RI Innovation Ecosystem

          250,000

          0

          250,000

          28 Federal Funds




          29 Federal Funds

          20,000,000

          (19,305,563)

          694,437

          30 Federal Funds – State Fiscal Recovery Fund




          31 Assistance to Impacted Industries

          0

          1,341,963

          1,341,963

          32 Total - Economic Development Initiatives




          33 Fund

          31,735,000

          (17,963,600)

          13,771,400

          34 Commerce Programs





          1 General Revenues




          2 Wavemaker Fellowship

          2,566,621

          0

          2,566,621

          3 Air Service Development Fund

          2,728,800

          0

          2,728,800

          4 Main Street RI Streetscape Improvement Fund

          125,000

          0

          125,000

          5 Federal Funds




          6 Federal Funds – Capital Projects Fund




          7 Broadband

          0

          24,644,868

          24,644,868

          8 Federal Funds – State Fiscal Recovery Fund




          9 Bioscience Investments

          0

          24,189,278

          24,189,278

          10 Total - Commerce Programs

          5,420,421

          48,834,146

          54,254,567

          11 Grand Total - Executive Office of




          12 Commerce

          58,832,824

          32,296,941

          91,129,765

          13 Housing




          14 General Revenues

          6,464,465

          502,660

          6,967,125

          15 Provided that $100,000 shall support Sojourner House’s supportive housing and rapid


          16 rehousing activities.




          17 Federal Funds




          18 Federal Funds

          15,596,037

          6,060,779

          21,656,816

          19 Federal Funds – State Fiscal Recovery Fund




          20 Homelessness Assistance Program

          0

          9,010,861

          9,010,861

          21 Development of Affordable Housing

          0

          40,002,001

          40,002,001

          22 Home Repair and Community Revitalization

          0

          9,738,194

          9,738,194

          23 Homelessness Infrastructure

          0

          4,185,576

          4,185,576

          24 Housing Related Infrastructure

          0

          1,927,964

          1,927,964

          25 Municipal Homelessness Support Initiative

          0

          719,104

          719,104

          26 Municipal Planning

          0

          1,658,224

          1,658,224

          27 Predevelopment and Capacity Building

          0

          41,192

          41,192

          28 Site Acquisition

          0

          900

          900

          29 Proactive Housing Development

          0

          700,000

          700,000

          30 Statewide Housing Plan

          0

          1,017,513

          1,017,513

          31 Targeted Housing Development

          0

          18,001,903

          18,001,903

          32 Workforce Housing

          0

          8,325,097

          8,325,097

          33 Restricted Receipts

          23,018,954

          16,789,136

          39,808,090

          34 Grand Total - Housing

          45,079,456

          118,681,104

          163,760,560


          1 Labor and Training


          2 Central Management

          3 General Revenues 1,661,890

          (209,450)

          1,452,440

          4 Restricted Receipts 488,494

          (71,995)

          416,499

          5 Total - Central Management 2,150,384

          (281,445)

          1,868,939

          6 Workforce Development Services



          7 General Revenues 878,758

          1,105

          879,863

          8 Federal Funds 19,112,629

          1,528,002

          20,640,631

          9 Other Funds 0

          41,336

          41,336

          10 Total - Workforce Development Services 19,991,387

          1,570,443

          21,561,830

          11 Workforce Regulation and Safety



          12 General Revenues 5,347,291

          65,466

          5,412,757

          13 Income Support



          14 General Revenues 3,684,566

          199,291

          3,883,857

          15 Federal Funds



          16 Federal Funds 22,883,898

          534,009

          23,417,907

          17 Federal Funds – State Fiscal Recovery Fund



          18 Unemployment Insurance Trust Fund Contribution 0

          1,196

          1,196

          19 Restricted Receipts 4,635,586

          549,819

          5,185,405

          20 Other Funds



          21 Temporary Disability Insurance Fund 287,480,146

          966,971

          288,447,117

          22 Employment Security Fund 249,200,000

          19,200,000

          268,400,000

          23 Total - Income Support 567,884,196

          21,451,286

          589,335,482

          24 Injured Workers Services



          25 Restricted Receipts 11,233,092

          1,189,330

          12,422,422

          26 Labor Relations Board



          27 General Revenues 556,737

          75,807

          632,544

          28 Governor’s Workforce Board



          29 General Revenues 6,050,000

          565,780

          6,615,780


      30. Provided that $600,000 of these funds shall be used for enhanced training for direct care

      31. and support services staff to improve resident quality of care and address the changing health care


      32. needs of nursing facility residents due to higher acuity and increased cognitive impairments


      33. pursuant to § 23-17.5-36.


      34. Federal Funds


1 Rural Health Transformation Program

0

361,584

361,584

2 Federal Funds – State Fiscal Recovery Fund




3 Enhanced Real Jobs

0

65,508

65,508

4 Restricted Receipts

19,054,596

1,610,479

20,665,075


  1. Provided that at least $150,000 of these funds shall be used to provide hospitality industry


  2. workforce training grants including, but not limited to, certified food and alcohol safety training


  3. programs offered in multiple languages.


8 Total - Governor’s Workforce Board

25,104,596

2,603,351

27,707,947

9 Grand Total - Labor and Training

632,267,683

26,674,238

658,941,921

10 Department of Revenue




11 Director of Revenue




12 General Revenues

3,168,518

(239,886)

2,928,632

13 Office of Revenue Analysis




14 General Revenues

1,173,041

30,757

1,203,798

15 Lottery Division




16 Other Funds




17 Other Funds

448,042,227

(14,705,340)

433,336,887

18 Rhode Island Capital Plan Funds




19 Lottery Building Enhancements

0

756,319

756,319

20 Total - Lottery Division

448,042,227

(13,949,021)

434,093,206

21 Municipal Finance




22 General Revenues

2,045,839

(41,494)

2,004,345

23 Taxation




24 General Revenues

38,331,490

(242,921)

38,088,569

25 Restricted Receipts

4,660,479

(2,899,352)

1,761,127

26 Other Funds




27 Motor Fuel Tax Evasion

175,000

0

175,000

28 Total - Taxation

43,166,969

(3,142,273)

40,024,696

29 Registry of Motor Vehicles




30 General Revenues

35,374,576

1,419,872

36,794,448

31 Federal Funds

493,061

(93,061)

400,000

32 Restricted Receipts

5,429,330

200,000

5,629,330

33 Total - Registry of Motor Vehicles

41,296,967

1,526,811

42,823,778

34 State Aid





1 General Revenues




2 Distressed Communities Relief Fund

14,884,458

0

14,884,458

3 Payment in Lieu of Tax Exempt Properties

51,317,647

0

51,317,647

4 Motor Vehicle Excise Tax Payments

239,547,419

2,817

239,550,236

5 Property Revaluation Program

712,390

0

712,390

6 Tangible Tax Exemption Program

25,903,228

5,241

25,908,469

7 Restricted Receipts

995,120

129,880

1,125,000

8 Total - State Aid

333,360,262

137,938

333,498,200

9 Collections




10 General Revenues

994,263

81,979

1,076,242

11 Grand Total - Revenue

873,248,086

(15,595,189)

857,652,897

12 Legislature




13 General Revenues

58,734,623

8,425,979

67,160,602

14 Restricted Receipts

2,690,297

48,607

2,738,904

15 Grand Total - Legislature

61,424,920

8,474,586

69,899,506

16 Lieutenant Governor




17 General Revenues

1,519,219

13,043

1,532,262

18 Secretary of State




19 Administration




20 General Revenues

5,975,167

190,914

6,166,081


  1. Provided that $100,000 be allocated to support the Rhode Island Council for the


  2. Humanities for grant making to civic and cultural organizations, and $50,000 to support Rhode


  3. Island’s participation in the We the People Civics Challenge.


    24 Corporations


    25 General Revenues

    2,913,879

    (234,144)

    2,679,735

    26 State Archives




    27 General Revenues

    356,659

    97,534

    454,193

    28 Restricted Receipts

    404,790

    (18,631)

    386,159

    29 Other Funds




    30 Rhode Island Capital Plan Funds




    31 Rhode Island Archives and History Center

    0

    60,000

    60,000

    32 Total - State Archives

    761,449

    138,903

    900,352

    33 Elections and Civics




    34 General Revenues

    2,107,040

    (350,018)

    1,757,022


    1 Federal Funds

    2,000,000

    0

    2,000,000

    2 Total - Elections and Civics

    4,107,040

    (350,018)

    3,757,022

    3 State Library




    4 General Revenues

    668,263

    (5,695)

    662,568


    1. Provided that $125,000 be allocated to support the Rhode Island Historical Society and


    2. $18,000 be allocated to support the Newport Historical Society, pursuant to §§ 29-2-1 and 29-2-2,


    3. and $25,000 be allocated to support the Rhode Island Black Heritage Society.


    8 Office of Public Information


    9 General Revenues

    840,724

    (11,441)

    829,283

    10 Receipted Receipts

    25,000

    0

    25,000

    11 Total - Office of Public Information

    865,724

    (11,441)

    854,283

    12 Grand Total - Secretary of State

    15,291,522

    (271,481)

    15,020,041

    13 General Treasurer




    14 Treasury




    15 General Revenues

    3,665,773

    786,537

    4,452,310


    1. Provided that unexpended or unencumbered balances for the Medical Debt Relief program


    2. as of June 30, 2026 are hereby reappropriated to the following fiscal year.


    18 Federal Funds

    365,134

    (3,358)

    361,776

    19 Other Funds




    20 Temporary Disability Insurance Fund

    246,415

    (526)

    245,889

    21 Tuition Savings Program - Administration

    388,916

    (16,292)

    372,624

    22 Total - Treasury

    4,666,238

    766,361

    5,432,599

    23 State Retirement System




    24 Restricted Receipts




    25 Admin Expenses - State Retirement System

    13,193,967

    (23,242)

    13,170,725

    26 Retirement - Treasury Investment Operations

    2,846,571

    191,370

    3,037,941

    27 Defined Contribution - Administration

    277,654

    (19,151)

    258,503

    28 Total - State Retirement System

    16,318,192

    148,977

    16,467,169

    29 Unclaimed Property




    30 Restricted Receipts

    3,338,043

    32,855

    3,370,898

    31 Crime Victim Compensation




    32 General Revenues

    934,450

    504

    934,954

    33 Federal Funds

    467,993

    0

    467,993

    34 Restricted Receipts

    250,000

    (29,751)

    220,249


    1 Total - Crime Victim Compensation

    1,652,443

    (29,247)

    1,623,196

    2 Grand Total - General Treasurer

    25,974,916

    918,946

    26,893,862

    3 Board of Elections




    4 General Revenues

    4,474,931

    506,347

    4,981,278

    5 Rhode Island Ethics Commission




    6 General Revenues

    2,419,632

    40,783

    2,460,415

    7 Office of Governor




    8 General Revenues




    9 General Revenues

    9,184,918

    34,593

    9,219,511

    10 Contingency Fund

    150,000

    0

    150,000

    11 Grand Total - Office of Governor

    9,334,918

    34,593

    9,369,511

    12 Commission for Human Rights




    13 General Revenues

    2,249,158

    36,699

    2,285,857

    14 Federal Funds

    523,529

    (25,306)

    498,223

    15 Grand Total - Commission for Human Rights

    2,772,687

    11,393

    2,784,080

    16 Public Utilities Commission




    17 Federal Funds

    753,555

    17,552

    771,107

    18 Restricted Receipts

    14,754,719

    142,294

    14,897,013

    19 Grand Total - Public Utilities Commission

    15,508,274

    159,846

    15,668,120

    20 Executive Office of Health and Human Services




    21 Central Management




    22 General Revenues




    23 General Revenues

    32,413,726

    496,315

    32,910,041


  4. Provided that of this amount, $900,000 will be for Mobile Response and Stabilization


  5. Services for uninsured and underinsured child and youth and cover services and costs not otherwise

  6. reimbursed. Also $500,000 is for Thundermist’s Family Residency Program contingent upon


  7. receiving federal funds and $150,000 will be for an Olmstead Plan Coordinator.


  8. H.R. 1 Preventive Health Care Provider Access Fund 0 1,000,000 1,000,000


  9. Provided that funding is to be made available to health care providers ineligible for federal


  10. Medicaid reimbursement pursuant to Section 71113 of P.L. 119-21.  Any unspent funds are

  11. automatically reappropriated to fiscal year 2027.


    32 All-Payer Claims Database

    509,950

    31,160

    541,110

    33 Health System Planning and Oversight

    777,260

    (82,610)

    694,650

    34 Medicaid Enterprise System

    1,873,838

    (1,134,991)

    738,847


    1 Medicaid Management Information System

    6,064,700

    1,462,975

    7,527,675

    2 Unified Health Infrastructure Project

    22,368,654

    (7,286,326)

    15,082,328

    3 Federal Funds




    4 Federal Funds

    70,793,907

    5,655,677

    76,449,584

    5 All-Payer Claims Database

    10,212,239

    (2,718,244)

    7,493,995

    6 Health System Planning and Oversight

    153,750

    1,583,250

    1,737,000

    7 Medicaid Enterprise System

    12,364,541

    (5,714,922)

    6,649,619

    8 Medicaid Management Information System

    19,566,585

    7,657,041

    27,223,626

    9 Rural Health Transformation Program

    0

    5,649,573

    5,649,573

    10 Unified Health Infrastructure Project

    56,336,615

    (853,219)

    55,483,396


    1. Provided that of this amount, $960,784 shall be for statewide interagency initiatives to


    2. implement and support the community engagement requirements of the federal reconciliation bill


    3. known as H.R. 1, to be developed and administered in coordination with the Department of Human


    4. Services and the Department of Labor and Training, to the extent compliance with guidance from

    5. Centers for Medicare & Medicaid Services.


    6. Federal Funds - State Fiscal Recovery Fund


    17 Certified Community Behavioral Health Clinics

    205,295

    1,703,127

    1,908,422

    18 Restricted Receipts




    19 Restricted Receipts

    15,463,598

    16,310,181

    31,773,779

    20 Unified Health Infrastructure Project

    0

    7,587,139

    7,587,139

    21 Total - Central Management

    249,104,658

    31,346,126

    280,450,784

    22 Medical Assistance




    23 General Revenues




    24 Managed Care

    464,278,305

    (12,453,741)

    451,824,564

    25 Hospitals

    136,238,010

    428,323

    136,666,333

    26 Nursing Facilities

    204,266,507

    (10,382,507)

    193,884,000

    27 Home and Community Based Services

    125,703,952

    984,048

    126,688,000

    28 Other Services

    160,879,834

    (27,090,071)

    133,789,763

    29 Pharmacy

    100,069,654

    (5,298,975)

    94,770,679

    30 Rhody Health

    234,976,854

    33,466,840

    268,443,694

    31 Federal Funds




    32 Managed Care

    653,184,013

    (15,008,577)

    638,175,436

    33 Hospitals

    285,888,183

    (6,154,515)

    279,733,668

    34 Nursing Facilities

    273,055,474

    (13,939,474)

    259,116,000


    1 Home and Community Based Services

    168,075,434

    1,236,566

    169,312,000

    2 Other Services

    796,373,214

    (50,318,972)

    746,054,242

    3 Pharmacy

    4,130,346

    (3,701,025)

    429,321

    4 Rhody Health

    326,578,917

    45,060,790

    371,639,707

    5 Other Programs

    32,611,481

    12,788,519

    45,400,000

    6 Restricted Receipts

    11,021,948

    (3,649,355)

    7,372,593

    7 Total - Medical Assistance

    3,977,332,126

    (54,032,126)

    3,923,300,000

    8 Grand Total – Executive Office of Health




    9 and Human Services

    4,226,436,784

    (22,686,000)

    4,203,750,784

    10 Children, Youth and Families




    11 Central Management




    12 General Revenues

    17,937,159

    2,411,228

    20,348,387


    1. The director of the department of children, youth and families shall provide to the speaker


    2. of the house and president of the senate at least every ninety (90) days beginning September 30,

    3. 2025, a report on the process to maintain accreditation in accordance with § 42-72-5.3. The report


    4. shall, at minimum, provide data regarding recruitment and retention efforts, including maintaining


    5. a diverse workforce, documentation of newly filled and vacated positions, and progress in reducing


    6. worker caseloads.


    7. It shall also contain the number of filled full-time equivalent positions compared to the

    8. department’s authorization and disaggregated by job classification, and as compared to the staffing


    9. recommended in the October 1, 2020 accreditation plan that was funded beginning in the fiscal


    10. year 2022 budget. The report shall also include information on turnover assumptions, expressed


    11. as funded positions compared to filled and authorized.


    24 Federal Funds


    25 Federal Funds

    15,237,654

    6,321,923

    21,559,577

    26 Federal Funds – State Fiscal Recovery Fund




    27 Provider Workforce Stabilization

    0

    257,093

    257,093

    28 Total - Central Management

    33,174,813

    8,990,244

    42,165,057

    29 Children's Behavioral Health Services




    30 General Revenues

    7,109,636

    1,963,945

    9,073,581

    31 Federal Funds




    32 Federal Funds

    8,824,070

    (440,778)

    8,383,292

    33 Federal Funds – State Fiscal Recovery Fund




    34 Psychiatric Residential Treatment Facility

    0

    225,495

    225,495


    1 Residential Treatment Facility

    0

    6,335,635

    6,335,635

    2 Total - Children's Behavioral Health Services

    15,933,706

    8,084,297

    24,018,003

    3 Youth Development Services




    4 General Revenues

    25,678,366

    1,811,657

    27,490,023

    5 Federal Funds

    647,931

    9,493

    657,424

    6 Restricted Receipts

    1,500

    (1,500)

    0

    7 Other Funds




    8 Rhode Island Capital Plan Funds




    9 Training School Asset Protection

    250,000

    323,459

    573,459

    10 Residential Treatment Facilities

    11,000,000

    9,168,000

    20,168,000

    11 Psychiatric Residential Treatment Facility




    12 Modifications

    0

    6,335,635

    6,335,635

    13 Total - Youth Development Services

    37,577,797

    17,646,744

    55,224,541

    14 Child Welfare




    15 General Revenues

    211,849,897

    (3,194,805)

    208,655,092

    16 Federal Funds

    93,910,710

    (3,525,445)

    90,385,265

    17 Restricted Receipts

    1,743,471

    127,133

    1,870,604

    18 Total - Child Welfare

    307,504,078

    (6,593,117)

    300,910,961

    19 Higher Education Incentive Grants




    20 General Revenues

    200,000

    0

    200,000


    1. Provided that these funds and any unexpended or unencumbered previous years’ funding


    2. are to be used exclusively to fund awards to eligible youth.


    3. Grand Total - Children, Youth and


    4. Families 394,390,394 28,128,168 422,518,562


    5. Health

    6. Central Management


    7. General Revenues


    8. General Revenues 2,588,732 (588,634) 2,000,098


    9. Of this amount, $50,000 is to support the Gloria Gemma Breast Cancer Resource


    10. Foundation and the organization’s new survivorship and well-being center in Lincoln, RI.


    31 Psychiatry Resource Network

    750,000

    123

    750,123

    32 Primary Care Training Sites Program

    2,000,000

    502,422

    2,502,422


    1. Provided that unexpended or unencumbered balances as of June 30, 2026 are hereby


    2. reappropriated to the following fiscal year.


      1 Federal Funds

      4,884,431

      853,865

      5,738,296

      2 Restricted Receipts

      22,233,391

      5,787,392

      28,020,783


      1. Provided that the disbursement of any indirect cost recoveries on federal grants budgeted

      2. in this line item that are derived from grants authorized under The Coronavirus Preparedness and


      3. Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus


      4. Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-


      5. 136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the


      6. Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021


      7. (P.L. 117-2), are hereby subject to the review and prior approval of the director of management and

      8. budget. No obligation or expenditure of these funds shall take place without such approval.


    11 Total - Central Management

    32,456,554

    6,555,168

    39,011,722

    12 Community Health and Equity




    13 General Revenues

    2,051,358

    718

    2,052,076

    14 Federal Funds

    88,096,432

    1,442,680

    89,539,112

    15 Restricted Receipts

    67,695,968

    (14,858,963)

    52,837,005

    16 Total - Community Health and Equity

    157,843,758

    (13,415,565)

    144,428,193

    17 Environmental Health




    18 General Revenues

    6,836,896

    403,097

    7,239,993

    19 Federal Funds

    14,433,189

    (843,484)

    13,589,705

    20 Restricted Receipts

    1,104,785

    53,291

    1,158,076

    21 Total - Environmental Health

    22,374,870

    (387,096)

    21,987,774

    22 Health Laboratories




    23 General Revenues

    9,514,520

    1,265,129

    10,779,649

    24 Federal Funds

    2,666,663

    225,700

    2,892,363

    25 Other Funds




    26 Rhode Island Capital Plan Funds




    27 Health Laboratories & Medical Examiner




    28 Equipment

    400,000

    550,736

    950,736

    29 New Health Laboratory Building

    8,363,883

    6,742,388

    15,106,271

    30 Total - Health Laboratories

    20,945,066

    8,783,953

    29,729,019

    31 State Medical Examiners




    32 General Revenues

    4,521,784

    (322,864)

    4,198,920

    33 Federal Funds

    67,325

    0

    67,325

    34 Total – State Medical Examiners

    4,589,109

    (322,864)

    4,266,245


    1 Healthcare Quality and Safety




    2 General Revenues

    7,868,321

    183,160

    8,051,481

    3 Federal Funds

    6,746,561

    788,639

    7,535,200

    4 Restricted Receipts

    1,199,564

    (152,271)

    1,047,293

    5 Total – Healthcare Quality and Safety

    15,814,446

    819,528

    16,633,974

    6 Policy, Information and Communications




    7 General Revenues

    2,785,613

    (139,025)

    2,646,588


    1. Provided that $200,000 of this amount and its corresponding federal match is used for loan


    2. repayment assistance specifically for primary care physicians and pediatricians through the Health

    3. Professional Loan Repayment Program authorized by § 23-14.1.


    11 Federal Funds


    12 Federal Funds

    5,593,898

    145,097

    5,738,995

    13 Rural Health Transformation Program

    0

    2,345,713

    2,345,713

    14 Restricted Receipts

    842,433

    (42,630)

    799,803

    15 Total - Policy, Information and




    16 Communications

    9,221,944

    2,309,155

    11,531,099

    17 Emergency Preparedness and Infectious Disease




    18 General Revenues

    1,907,851

    (164,678)

    1,743,173

    19 Federal Funds

    15,196,529

    1,691,217

    16,887,746

    20 Total – Emergency Preparedness and




    21 Infectious Disease

    17,104,380

    1,526,539

    18,630,919

    22 COVID-19




    23 Federal Funds




    24 Federal Funds

    15,176,647

    2,384,012

    17,560,659

    25 Federal Funds – State Fiscal Recovery Fund




    26 COVID-19 Operational Support

    0

    229,342

    229,342

    27 Total – COVID-19

    15,176,647

    2,613,354

    17,790,001

    28 Grand Total - Health

    295,526,774

    8,482,172

    304,008,946

    29 Human Services




    30 Central Management




    31 General Revenues

    8,050,831

    (1,391,873)

    6,658,958


  12. Of this amount, $400,000 is to support the domestic violence prevention fund to provide


  13. direct services through the Coalition Against Domestic Violence, $25,000 for the Center for


  14. Southeast Asians, $450,000 to support Project Reach activities provided by the RI Alliance of Boys

  1. and Girls Clubs, $300,000 is for outreach and supportive services through Day One, $950,000 is


  2. for food collection and distribution through the Rhode Island Community Food Bank, $500,000 for


  3. services provided to the homeless at Crossroads Rhode Island, $600,000 for the Community Action

  4. Fund, $250,000 is for the Institute for the Study and Practice of Nonviolence’s Reduction Strategy,


  5. $200,000 to provide operational support to the United Way’s 211 system, $125,000 is to support


  6. services provided to the immigrant and refugee population through Higher Ground International,


  7. $50,000 is for services provided to refugees through the Refugee Dream Center and $150,000 for


  8. the Substance Use and Mental Health Leadership Council of RI.


  9. The director of the department of human services shall provide to the speaker of the house,

  10. president of the senate, and chairs of the house and senate finance committees at least every sixty


  11. (60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer


  12. serving staff. The report shall include: documentation of newly filled and vacated positions,


  13. including lateral transfers, position titles, civil service information, including numbers of eligible


  14. and available candidates, plans for future testing and numbers of eligible and available candidates

  15. resulting from such testing, impacts on caseload backlogs and call center wait times, as well as


  16. other pertinent information as determined by the director.


17

Federal Funds

8,064,314

452,931

8,517,245


18 Of this amount, $3.0 million is to sustain Early Head Start and Head Start programs.


19 Restricted Receipts


300,000


1,060,207


1,360,207

20 Total - Central Management

16,415,145

121,265

16,536,410

21 Child Support Enforcement




22 General Revenues

4,390,046

110,877

4,500,923

23 Federal Funds

10,229,053

(1,475,268)

8,753,785

24 Restricted Receipts

3,816,099

391,310

4,207,409

25 Total - Child Support Enforcement

18,435,198

(973,081)

17,462,117

26 Individual and Family Support




27 General Revenues

35,143,366

(581,136)

34,562,230

28 Federal Funds




29 Federal Funds

128,579,088

10,789,211

139,368,299

30 Federal Funds – State Fiscal Recovery Fund




31 Child Care Support

0

1,004,309

1,004,309

32 Restricted Receipts

115,000

0

115,000

33 Other Funds




34 Rhode Island Capital Plan Funds





1 Blind Vending Facilities

165,000

0

165,000

2 Total - Individual and Family Support

164,002,454

11,212,384

175,214,838

3 Office of Veterans Services




4 General Revenues

33,499,864

(538,599)

32,961,265


  1. Of this amount, $200,000 is to provide support services through veterans’ organizations,


  2. $50,000 is to support Operation Stand Down, and $100,000 is to support the Veterans Services


  3. Officers (VSO) program through the Veterans of Foreign Wars.


8 Federal Funds

15,752,830

1,624,289

17,377,119

9 Restricted Receipts

1,725,342

(393,921)

1,331,421

10 Other Funds




11 Rhode Island Capital Plan Funds




12 Veterans Home Asset Protection

665,000

442,224

1,107,224

13 Veterans Memorial Cemetery Asset Protection

300,000

415,003

715,003

14 Total - Office of Veterans Services

51,943,036

1,548,996

53,492,032

15 Health Care Eligibility




16 General Revenues

10,511,087

513,511

11,024,598

17 Federal Funds

16,662,419

309,990

16,972,409

18 Total - Health Care Eligibility

27,173,506

823,501

27,997,007

19 Supplemental Security Income Program




20 General Revenues

16,680,780

30,300

16,711,080

21 Rhode Island Works




22 General Revenues

9,891,538

(10,142)

9,881,396

23 Federal Funds

109,225,738

(19,764,474)

89,461,264

24 Total - Rhode Island Works

119,117,276

(19,774,616)

99,342,660

25 Other Programs




26 General Revenues

2,231,840

3,748,198

5,980,038

27 Federal Funds




28 Federal Funds

382,432,873

(36,822,408)

345,610,465

29 Federal Funds – State Fiscal Recovery Fund




30 Retail SNAP Incentives Pilot Program

0

1,350

1,350

31 Restricted Receipts

8,000

350,000

358,000

32 Total - Other Programs

384,672,713

(32,722,860)

351,949,853

33 Office of Healthy Aging




34 General Revenues

15,623,340

(734,103)

14,889,237

  1. Of this amount, $325,000 is to provide elder services, including respite, through the


  2. Diocese of Providence; $40,000 is for ombudsman services provided by the Alliance for Long


  3. Term Care in accordance with chapter 66.7 of title 42; and $1,600,000 is for Senior Services

  4. Support and $730,000 is for elderly nutrition, of which $680,000 is for Meals on Wheels.


  5. Federal Funds 19,011,572 (626,688) 18,384,884


  6. Restricted Receipts 46,200 138,068 184,268


  7. Other Funds


  8. Intermodal Surface Transportation Fund 4,267,406 19,460 4,286,866


  9. The Office shall reimburse the Rhode Island public transit authority for the elderly/disabled

  10. transportation program expenses no later than fifteen (15) days of the authority’s submission of a


  11. request for payment.


12 Total - Office of Healthy Aging 38,948,518 (1,203,263) 37,745,255


13 Grand Total - Human Services 837,388,626 (40,937,374) 796,451,252


  1. Behavioral Healthcare, Developmental Disabilities and Hospitals

  2. Central Management


  3. General Revenues 8,058,892 2,105,705 10,164,597


  4. Federal Funds 2,631,491 (829,069) 1,802,422


  5. Restricted Receipts 559,071 1,186,952 1,746,023


19 Total - Central Management 11,249,454 2,463,588 13,713,042

  1. Services for the Developmentally Disabled


  2. General Revenues 218,735,702 5,318,262 224,053,964


  3. Provided that of this general revenue funding, an amount certified by the department shall


  4. be expended on certain community-based department of behavioral healthcare, developmental


  5. disabilities and hospitals (BHDDH) developmental disability private provider and self-directed


  6. consumer direct care service worker raises and associated payroll costs as authorized by BHDDH

  7. and to finance the new services rates implemented by BHDDH pursuant to the Consent Decree


  8. Addendum. Any increase for direct support staff and residential or other community-based setting


  9. must first receive the approval of BHDDH.


  10. Provided further that of this general revenue funding, $928,200 shall be expended on a


  11. Transformation Fund to be used for I/DD integrated day activities and supported employment

  12. services, or which a total of $650,000 shall be expended specifically on those who self-direct for


  13. creation of regional service advisement models and pool of substitute staff. All unexpended or


  14. unencumbered balances of this designation at the end of the fiscal year shall be reappropriated to


  15. the ensuing fiscal year and made immediately available for the same purpose.

1 Federal Funds 286,950,145 2,998,425 289,948,570


  1. Provided that of this federal funding, an amount certified by the department shall be


  2. expended on certain community-based department of behavioral healthcare, developmental

  3. disabilities and hospitals (BHDDH) developmental disability private provider and self-directed


  4. consumer direct care service worker raises and associated payroll costs as authorized by BHDDH


  5. and to finance the new services rates implemented by BHDDH pursuant to the Consent Decree


  6. Addendum. Any increase for direct support staff and residential or other community-based setting


  7. must first receive the approval of BHDDH.


  8. Provided further that of this federal funding, $371,800 shall be expended on a

  9. Transformation Fund to be used for I/DD integrated day activities and supported employment


  10. services. All unexpended or unencumbered balances of this designation at the end of the fiscal year


  11. shall be reappropriated to the ensuing fiscal year and made immediately available for the same


13 purpose.


14 Restricted Receipts

1,300,866

711,700

2,012,566

15 Other Funds




16 Rhode Island Capital Plan Funds




17 DD Residential Support

100,000

195,618

295,618

18 Total - Services for the Developmentally




19 Disabled

507,086,713

9,224,005

516,310,718

20 Behavioral Healthcare Services




21 General Revenues

4,817,486

397,689

5,215,175

22 Federal Funds




23 Federal Funds

32,467,553

3,856,223

36,323,776


  1. Provided that $250,000 from Social Services Block Grant funds is awarded to The


  2. Providence Center to coordinate with Oasis Wellness and Recovery Center for its support and

  3. services program offered to individuals with behavioral health issues.


27 Rural Health Transformation Program

0

452,647

452,647

28 Federal Funds – State Fiscal Recovery Fund




29 9-8-8 Hotline

1,800,000

612,677

2,412,677

30 Crisis Intervention Trainings

0

1,217,506

1,217,506

31 Restricted Receipts

5,416,046

10,563,831

15,979,877


  1. Provided that $450,000 $486,850 from the opioid stewardship fund is distributed equally


  2. to the seven regional substance abuse prevention task forces to fund priorities determined by each


  3. Task Force.


1 Total - Behavioral Healthcare Services

44,501,085

17,100,573

61,601,658

2 Hospital and Community Rehabilitative Services




3 General Revenues

53,723,206

10,266,909

63,990,115

4 Federal Funds

61,515,889

(11,466,581)

50,049,308

5 Restricted Receipts

4,634,700

889,515

5,524,215

6 Other Funds




7 Rhode Island Capital Plan Funds




8 Hospital Equipment

300,000

312,311

612,311

9 Total - Hospital and Community Rehabilitative




10 Services

120,173,795

2,154

120,175,949

11 State of RI Psychiatric Hospital




12 General Revenues

33,443,552

443,890

33,887,442

13 Restricted Receipts

144,000

0

144,000

14 Other Funds




15 Rhode Island Capital Plan Funds




16 RISPH Equipment

100,000

0

100,000

17 Total - State of RI Psychiatric Hospital

33,687,552

443,890

34,131,442

18 Grand Total - Behavioral Healthcare,




19 Developmental Disabilities and Hospitals

716,698,599

29,234,210

745,932,809

20 Office of the Child Advocate




21 General Revenues

2,264,613

(79,603)

2,185,010

22 Commission on the Deaf and Hard of Hearing




23 General Revenues

786,233

(18,570)

767,663

24 Restricted Receipts

142,921

66,368

209,289

25 Grand Total - Comm. On Deaf and




26 Hard-of-Hearing

929,154

47,798

976,952

27 Governor’s Commission on Disabilities




28 General Revenues




29 General Revenues

870,754

24,087

894,841

30 Livable Home Modification Grant Program

515,278

585,533

1,100,811


  1. Provided that this will be used for home modification and accessibility enhancements to


  2. construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.


  3. This will be in consultation with the executive office of health and human services. All unexpended


  4. or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the ensuing fiscal

  1. year, and made immediately available for the same purpose.


    2 Federal Funds

    340,067

    25

    340,092

    3 Restricted Receipts

    79,943

    (12,753)

    67,190

    4 Grand Total - Governor’s Commission




    5 on Disabilities

    1,806,042

    596,892

    2,402,934

    6 Office of the Mental Health Advocate




    7 General Revenues

    1,117,164

    (184,723)

    932,441

    8 Elementary and Secondary Education





    9 Administration of the Comprehensive Education Strategy

    10

    General Revenues

    34,222,798

    4,978,723

    39,201,521


    1. Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s


    2. Hospital pursuant to § 16-7-20; $395,000 be allocated to support child opportunity zones through


    3. agreements with the department of elementary and secondary education to strengthen education,


    4. health and social services for students and their families as a strategy to accelerate student

    5. achievement; $450,000 and 3.0 full-time equivalent positions be allocated to support a special


    6. education function to facilitate individualized education program (IEP) and 504 services; and


    7. further provided that $130,000 be allocated to City Year for the Whole School Whole Child


    8. Program, which provides individualized support to at-risk students; and further provided that all


    9. unexpended or unencumbered balances as of June 30, 2026, relating to the Learn365RI program

    10. are hereby reappropriated to the following fiscal year.


    11. Provided further that of this amount, $1,860,000 is allocated toward a special education


    12. settlement to provide compensatory special education services, related administrative costs, and


    13. attorneys’ fees pursuant to a legal settlement authorized by the Rhode Island board of education,


    14. of  which  all  unexpended  or  unencumbered  balances  at  the  end  of  the  fiscal  year  shall  be


    15. reappropriated to the ensuing fiscal year and made immediately available for the same purpose until

    16. the requirements of the settlement agreement have been satisfied.


    17. Federal Funds


    18. Federal Funds 255,593,813 15,223,355 270,817,168


    19. Provided that $684,000 from the department’s administrative share of Individuals with


    20. Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to

    21. support the Rhode Island Vision Education and Services Program.


    32 Rural Health Transformation Program

    0

    1,051,421

    1,051,421

    33 Federal Funds – State Fiscal Recovery Fund




    34 Adult Education Providers

    128,373

    1,410,989

    1,539,362


    1

    Out of School Time Education Providers

    0

    2,047,238

    2,047,238

    2

    Restricted Receipts




    3

    Restricted Receipts

    1,724,551

    410,348

    2,134,899

    4

    HRIC Adult Education Grants

    3,500,000

    0

    3,500,000

    5

    Total - Admin. of the Comprehensive Ed.




    6

    Strategy

    295,169,535

    25,122,074

    320,291,609

    7

    Davies Career and Technical School




    8

    General Revenues

    18,532,152

    951,765

    19,483,917

    9

    Federal Funds

    924,285

    312,154

    1,236,439

    10

    Restricted Receipts

    5,471,394

    151,212

    5,622,606

    11

    Other Funds




    12

    Rhode Island Capital Plan Funds




    13

    Davies School HVAC

    50,000

    151,286

    201,286

    14

    Davies School Asset Protection

    750,000

    149,614

    899,614

    15

    Davies School Healthcare Classroom




    16

    Renovations

    6,911,727

    (6,911,727)

    0

    17

    Davies School Wing Renovation

    34,515,423

    (25,892,838)

    8,622,585

    18

    Total - Davies Career and Technical School

    67,154,981

    (31,088,534)

    36,066,447

    19

    RI School for the Deaf




    20

    General Revenues

    8,809,938

    19,673

    8,829,611

    21

    Federal Funds

    271,830

    (46,465)

    225,365

    22

    Restricted Receipts

    1,097,000

    505,000

    1,602,000

    23

    Other Funds




    24

    Rhode Island Capital Plan Funds




    25

    School for the Deaf Asset Protection

    100,000

    311,780

    411,780

    26

    Total - RI School for the Deaf

    10,278,768

    789,988

    11,068,756

    27

    Metropolitan Career and Technical School




    28

    General Revenues

    12,966,926

    0

    12,966,926

    29

    Other Funds




    30

    Rhode Island Capital Plan Funds




    31

    MET School Asset Protection

    250,000

    1,971,348

    2,221,348

    32

    Total - Metropolitan Career and Technical




    33

    School

    13,216,926

    1,971,348

    15,188,274

    34

    Education Aid




    1 General Revenues 1,272,230,353 42,542 1,272,272,895


  2. Provided that the criteria for the allocation of early childhood funds shall prioritize pre-


  3. kindergarten seats and classrooms for four-year-olds whose family income is at or below one

  4. hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities


  5. with higher concentrations of low performing schools.


6 Restricted Receipts

38,952,936

9,630,716

48,583,652

7 Total - Education Aid

1,311,183,289

9,673,258

1,320,856,547

8 Central Falls School District




9 General Revenues

54,567,882

0

54,567,882

10 School Construction Aid




11 General Revenues




12 School Housing Aid

119,887,755

(5,868,581)

114,019,174

13 Teachers' Retirement




14 General Revenues

137,991,006

(4,390,928)

133,600,078

15 Grand Total - Elementary and Secondary




16 Education

2,009,450,142

(3,791,375)

2,005,658,767

17 Public Higher Education




18 Office of Postsecondary Commissioner




19 General Revenues

33,322,291

(449,285)

32,873,006


  1. Provided that $455,000 shall be allocated to Onward We Learn pursuant to § 16-70-5,


  2. $75,000 shall be allocated to Best Buddies Rhode Island to support its programs for children with


  3. developmental and intellectual disabilities. It is also provided that $7,367,460 $7,536,773 shall be


  4. allocated to the Rhode Island promise scholarship program; $151,410 shall be used to support


  5. Rhode Island’s membership in the New England Board of Higher Education; $5,476,723


  6. $4,971,825 shall be allocated to the Rhode Island hope scholarship program; and $100,000 shall be

  7. allocated to the Rhode Island School for Progressive Education to support access to higher


  8. education opportunities for teachers of color.


  9. Federal Funds


29 Federal Funds

5,582,208

(212,342)

5,369,866

30 Guaranty Agency Administration

60,000

0

60,000

31 Federal Funds - State Fiscal Recovery Fund




32 Fresh Start Scholarship

0

1,199,287

1,199,287

33 RI Reconnect

0

4,600,385

4,600,385

34 RIC Cybersecurity Center

0

475,006

475,006


1 Restricted Receipts




2 Restricted Receipts

8,383,189

(65,235)

8,317,954

3 Tuition Savings Program - Scholarships




4 and Grants

3,400,000

0

3,400,000

5 Other Funds




6 Nursing Education Center - Operating

3,295,810

69,836

3,365,646

7 Rhode Island Capital Plan Funds




8 WEC Expansion - Annex Site

1,220,000

(820,000)

400,000

9 Total - Office of Postsecondary




10 Commissioner

55,263,498

4,797,652

60,061,150

11 University of Rhode Island




12 General Revenues




13 General Revenues

115,308,021

(68,907)

115,239,114


  1. Provided that in order to leverage federal funding and support economic development,

  2. $700,000 shall be allocated to the small business development center, $125,000 shall be allocated


  3. to the Institute for Labor Studies & Research, $50,000 shall be allocated to Special Olympics Rhode


  4. Island to support its mission of providing athletic opportunities for individuals with intellectual and


  5. developmental disabilities, and $874,069 shall be used to support programming related to career


  6. readiness, career placement, internships, and work-based learning.


20 Debt Service

31,526,482

3,228,750

34,755,232

21 RI State Forensics Laboratory

1,803,420

0

1,803,420

22 Other Funds




23 University and College Funds

847,374,010

(1,497,801)

845,876,209

24 Debt - Dining Services

781,957

4,070

786,027

25 Debt - Education and General

5,076,811

(700)

5,076,111

26 Debt - Health Services

16,032

(50)

15,982

27 Debt - Housing Loan Funds

13,863,455

24,359

13,887,814

28 Debt - Memorial Union

758,853

1,792

760,645

29 Debt - Ryan Center

2,888,322

(511,944)

2,376,378

30 Debt - Parking Authority

889,077

(79,798)

809,279

31 URI Restricted Debt Service - Energy




32 Conservation

536,169

0

536,169

33 URI Debt Service - Energy Conservation

1,956,906

0

1,956,906

34 Rhode Island Capital Plan Funds





1 Asset Protection

14,606,536

3,313,057

17,919,593

2 Mechanical, Electric, and Plumbing




3 Improvements

7,293,838

(1,989,199)

5,304,639

4 Fire Protection Academic Buildings

1,641,903

1,789,836

3,431,739

5 Bay Campus

8,146,722

(43,200)

8,103,522

6 Athletics Complex

33,942,707

3,377,715

37,320,422


7 Provided that total Rhode Island capital plan funds provide no more than 80.0 percent of


8 the total project.




9 Stormwater Management

4,252,678

(1,048,324)

3,204,354

10 PFAS Removal Water Treatment Plant

13,759,400

(13,509,400)

250,000

11 Campus Accessibility

2,300,000

0

2,300,000

12 Building Envelope Improvements

3,000,000

0

3,000,000

13 Total - University of Rhode Island

1,111,723,299

(7,009,744)

1,104,713,555


  1. Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as

  2. of June 30, 2026 relating to the university of Rhode Island are hereby reappropriated to fiscal year


  3. 2027.


  4. Rhode Island College


  5. General Revenues


19

General Revenues

70,714,722

(95,387)

70,619,335

20 Provided that $464,377 shall be used to support programming related to career readiness, career


21 placement, internships, and work-based learning.




22 Debt Service

7,933,336

796,740

8,730,076

23 Rhode Island Vision Education and Services




24 Program

1,800,000

0

1,800,000

25 Other Funds




26 University and College Funds

120,309,539

5,949,928

126,259,467

27 Debt - Education and General

1,478,585

(762,376)

716,209

28 Debt - Student Union

212,200

0

212,200

29 Debt - G.O. Debt Service

1,585,353

0

1,585,353

30 Debt - Energy Conservation

762,375

0

762,375

31 Rhode Island Capital Plan Funds




32 Asset Protection

5,950,000

5,136,325

11,086,325

33 Infrastructure Modernization

5,675,000

6,172,208

11,847,208

34 Phase IV: Whipple Hall

0

500,000

500,000

1 Total - Rhode Island College 216,421,110 17,697,438 234,118,548


  1. Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as


  2. of June 30, 2026, relating to Rhode Island college are hereby reappropriated to fiscal year 2027.

  3. Community College of Rhode Island


  4. General Revenues


6 General Revenues 63,740,346 555,615 64,295,961


  1. Provided that $391,175 shall be used to support programming related to career readiness,


  2. career placement, internships, and work-based learning.


9 Debt Service

1,097,898

(5,760)

1,092,138

10 Restricted Receipts

953,442

15,333

968,775

11 Other Funds




12 University and College Funds

114,885,691

4,564,291

119,449,982

13 Rhode Island Capital Plan Funds




14 Asset Protection

3,469,452

1,222,758

4,692,210

15 Data, Cabling, and Power Infrastructure

5,750,000

(5,000,000)

750,000

16 Flanagan Campus Renovations

3,200,000

(1,700,000)

1,500,000

17 CCRI Renovation and Modernization




18 Phase I

15,000,000

(1,250,000)

13,750,000

19 CCRI Renovation and Modernization




20 Phase II - IV

6,100,000

(5,600,000)

500,000

21 CCRI Accessibility Improvements

290,000

10,000

300,000

22 Total - Community College of RI

214,486,829

(7,187,763)

207,299,066


  1. Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as


  2. of June 30, 2026, relating to the community college of Rhode Island are hereby reappropriated to


  3. fiscal year 2027.


26 Grand Total - Public Higher Education

1,597,894,736

8,297,583

1,606,192,319

27 RI State Council on the Arts




28 General Revenues




29 Operating Support

1,224,685

1,443

1,226,128

30 Grants

1,190,000

0

1,190,000

31 Provided that $400,000 be provided to support the operational costs of WaterFire


32 Providence art installations.




33 Federal Funds

1,022,711

70,862

1,093,573

34 Restricted Receipts

115,058

(115,058)

0


1 Other Funds


2 Art for Public Facilities

690,000

11,000

701,000

3 Grand Total - RI State Council on the Arts

4,242,454

(31,753)

4,210,701

4 RI Atomic Energy Commission




5 General Revenues

1,278,282

3,909

1,282,191

6 Federal Funds

0

7,936

7,936

7 Restricted Receipts

25,036

10,000

35,036

8 Other Funds




9 URI Sponsored Research

361,177

(33,093)

328,084

10 Rhode Island Capital Plan Funds




11 Asset Protection

50,000

7,966

57,966

12 Grand Total - RI Atomic Energy




13 Commission

1,714,495

(3,282)

1,711,213


14 RI Historical Preservation and Heritage Commission

15

General Revenues

1,969,751

(152,718)

1,817,033


  1. Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration


  2. activities and that $25,000 shall be allocated to Rhode Island Slave History Medallions.


    18 Federal Funds

    822,451

    (15,198)

    807,253

    19 Restricted Receipts

    511,827

    0

    511,827

    20 Other Funds




    21 RIDOT Project Review

    144,602

    (4,202)

    140,400

    22 Rhode Island Capital Plan Funds




    23 Archaeological Collection Facility

    0

    50,000

    50,000

    24 Grand Total - RI Historical Preservation and




    25 Heritage Comm.

    3,448,631

    (122,118)

    3,326,513

    26 Attorney General




    27 Criminal




    28 General Revenues

    23,147,524

    643,171

    23,790,695

    29 Federal Funds

    3,404,012

    (215,563)

    3,188,449

    30 Restricted Receipts

    2,096,085

    (143,314)

    1,952,771

    31 Total - Criminal

    28,647,621

    284,294

    28,931,915

    32 Civil




    33 General Revenues

    7,301,706

    (856,568)

    6,445,138

    34 Federal Funds

    100,000

    25,553

    125,553


    1

    Restricted Receipts

    4,724,238

    49,076

    4,773,314

    2

    Total - Civil

    12,125,944

    (781,939)

    11,344,005

    3

    Bureau of Criminal Identification




    4

    General Revenues

    2,440,742

    26,983

    2,467,725

    5

    Federal Funds

    64,547

    (30,000)

    34,547

    6

    Restricted Receipts

    1,329,498

    607,284

    1,936,782

    7

    Total - Bureau of Criminal Identification

    3,834,787

    604,267

    4,439,054

    8

    General




    9

    General Revenues

    5,354,455

    331,878

    5,686,333

    10

    Other Funds




    11

    Rhode Island Capital Plan Funds




    12

    Building Renovations and Repairs

    2,525,000

    (2,525,000)

    0

    13

    Total - General

    7,879,455

    (2,193,122)

    5,686,333

    14

    Grand Total - Attorney General

    52,487,807

    (2,086,500)

    50,401,307

    15

    Corrections




    16

    Central Management




    17

    General Revenues

    24,875,748

    765,443

    25,641,191

    18

    Federal Funds

    0

    177,680

    177,680

    19

    Total – Central Management

    24,875,748

    943,123

    25,818,871

    20

    Parole Board




    21

    General Revenues

    1,673,257

    (61,155)

    1,612,102

    22

    Custody and Security




    23

    General Revenues

    182,260,831

    1,315,196

    183,576,027

    24

    Federal Funds

    1,371,846

    200,245

    1,572,091

    25

    Other Funds




    26

    Rhode Island Capital Plan Funds




    27

    Intake Service Center HVAC

    27,818,335

    (19,277,223)

    8,541,112

    28

    Total - Custody and Security

    211,451,012

    (17,761,782)

    193,689,230

    29

    Institutional Support




    30

    General Revenues

    40,099,600

    1,123,674

    41,223,274

    31

    Other Funds




    32

    Rhode Island Capital Plan Funds




    33

    Asset Protection

    8,277,650

    2,100,000

    10,377,650

    34

    Correctional Facilities – Renovations

    3,179,677

    (3,179,677)

    0

    1 Total - Institutional Support 51,556,927 43,997 51,600,924


    1. Institutional Based Rehab/Population Management


    2. General Revenues 15,027,101 (468,665) 14,558,436

    3. Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender


    4. discharge planning.


    5. The director of the department of corrections shall provide to the speaker of the house and


    6. president of the senate at least every ninety (90) days beginning September 1, 2022, a report on


    7. efforts to modernize the correctional industries program. The report shall, at minimum, provide


    8. data on the past ninety (90) days regarding program participation; changes made in programming

    9. to more closely align with industry needs; new or terminated partnerships with employers,


    10. nonprofits, and advocacy groups; current program expenses and revenues; and the employment


    11. status of all persons on the day of discharge from department care who participated in the


    13 correctional industries program.


    14 Federal Funds

    386,256

    391,550

    777,806

    15 Restricted Receipts

    1,300,000

    193,379

    1,493,379

    16 Total - Institutional Based Rehab/Population




    17 Mgt.

    16,713,357

    116,264

    16,829,621

    18 Healthcare Services




    19 General Revenues

    37,051,880

    3,124,127

    40,176,007

    20 Community Corrections




    21 General Revenues

    23,026,186

    (316,473)

    22,709,713

    22 Federal Funds

    0

    47,814

    47,814

    23 Restricted Receipts

    3,091

    (604)

    2,487

    24 Total - Community Corrections

    23,029,277

    (269,263)

    22,760,014

    25 Grand Total - Corrections

    366,351,458

    (13,864,689)

    352,486,769

    26 Judiciary




    27 Supreme Court




    28 General Revenues




    29 General Revenues

    36,665,481

    1,811,372

    38,476,853


    1. Provided however, that no more than $1,430,073 in combined total shall be offset to the

    2. public defender’s office, the attorney general’s office, the department of corrections, the department


    3. of children, youth and families, and the department of public safety for square-footage occupancy


    4. costs in public courthouses and further provided that $500,000 be allocated to the Rhode Island


    5. Coalition Against Domestic Violence for the domestic abuse court advocacy project pursuant to §

    1. 12-29-7 and that $90,000 be allocated to Rhode Island Legal Services, Inc. to provide housing and


    2 eviction defense to indigent individuals.


    3 Defense of Indigents

    7,875,432

    (20,000)

    7,855,432

    4 Federal Funds

    205,395

    (74,085)

    131,310

    5 Restricted Receipts

    4,312,243

    (59,477)

    4,252,766

    6 Other Funds




    7 Rhode Island Capital Plan Funds




    8 Judicial Complexes - HVAC

    500,000

    5,885

    505,885

    9 Judicial Complexes Asset Protection

    1,500,000

    22,618

    1,522,618

    10 Judicial Complexes Fan Coil Unit




    11 Replacements

    500,000

    3,082

    503,082

    12 Garrahy Courthouse Restoration

    1,125,000

    18,183

    1,143,183

    13 Total - Supreme Court

    52,683,551

    1,707,578

    54,391,129

    14 Judicial Tenure and Discipline




    15 General Revenues

    188,686

    89

    188,775

    16 Superior Court




    17 General Revenues

    30,216,228

    66,823

    30,283,051

    18 Restricted Receipts

    325,000

    0

    325,000

    19 Total - Superior Court

    30,541,228

    66,823

    30,608,051

    20 Family Court




    21 General Revenues

    29,167,951

    66,679

    29,234,630

    22 Federal Funds

    5,392,549

    (421,847)

    4,970,702

    23 Total - Family Court

    34,560,500

    (355,168)

    34,205,332

    24 District Court




    25 General Revenues

    17,697,776

    73,018

    17,770,794

    26 Federal Funds

    696,951

    (374,123)

    322,828

    27 Restricted Receipts

    60,000

    0

    60,000

    28 Total - District Court

    18,454,727

    (301,105)

    18,153,622

    29 Traffic Tribunal




    30 General Revenues

    11,704,985

    36,532

    11,741,517

    31 Workers' Compensation Court




    32 Restricted Receipts

    11,090,756

    (7,217)

    11,083,539

    33 Grand Total - Judiciary

    159,224,433

    1,147,532

    160,371,965

    34 Military Staff





    1 General Revenues

    3,424,058

    84,034

    3,508,092

    2 Federal Funds

    28,982,412

    38,849,854

    67,832,266

    3 Restricted Receipts




    4 RI Military Family Relief Fund

    55,000

    0

    55,000

    5 RING Counterdrug Program

    11,000

    0

    11,000

    6 Other Funds




    7 Rhode Island Capital Plan Funds




    8 Aviation Readiness Center

    4,538,673

    (4,020,059)

    518,614

    9 Asset Protection

    2,564,675

    (192,808)

    2,371,867

    10 Quonset Airport Runway Reconstruction

    446,663

    380,922

    827,585

    11 Counter-Drug Training Facility

    1,025,250

    1,558,558

    2,583,808

    12 Squadron Ops Facility (Air Guard)

    600,000

    0

    600,000

    13 Quonset Air National Guard HQ Facility

    0

    1,893,948

    1,893,948

    14 Grand Total - Military Staff

    41,647,731

    38,554,449

    80,202,180

    15 Public Safety




    16 Central Management




    17 General Revenues

    1,899,154

    9,487,402

    11,386,556


  3. Provided that $400,000 $558,089 shall be allocated to support the Family Service of Rhode


  4. Island’s GO Team program of on-scene support to children who are victims of violence and other

  5. traumas. It is also provided that $9,047,396 shall be allocated as the state contribution for the


  6. statewide body-worn camera program, subject to all program and reporting rules, regulations,


  7. policies, and guidelines prescribed in the Rhode Island General Laws. Notwithstanding the


  8. provision of § 35-3-15 of the general laws, all unexpended or unencumbered balances as of June


  9. 30, 2026 from this appropriation are hereby reappropriated to fiscal year 2027.


25 Federal Funds


26 Federal Funds

18,479,969

(4,076,435)

14,403,534

27 Federal Funds – State Fiscal Recovery Fund




28 Support for Survivors of Domestic Violence

29,753

4,501,250

4,531,003

29 Restricted Receipts

738,584

220,244

958,828

30 Total - Central Management

21,147,460

10,132,461

31,279,921

31 E-911 Emergency Telephone System




32 Restricted Receipts

10,730,138

243,942

10,974,080

33 Security Services




34 General Revenues

33,685,555

(2,679,484)

31,006,071


1 Municipal Police Training Academy




2 General Revenues

349,440

16,020

365,460

3 Federal Funds

417,455

71,773

489,228

4 Total - Municipal Police Training Academy

766,895

87,793

854,688

5 State Police




6 General Revenues

96,907,970

1,632,633

98,540,603

7 Federal Funds

8,126,146

2,732,983

10,859,129

8 Restricted Receipts

2,845,158

0

2,845,158

9 Other Funds




10 Airport Corporation Assistance

151,310

(540)

150,770

11 Road Construction Reimbursement

3,355,100

2,200,000

5,555,100

12 Weight and Measurement Reimbursement

402,401

226,281

628,682

13 Rhode Island Capital Plan Funds




14 DPS Asset Protection

1,205,000

1,911,587

3,116,587

15 Southern Barracks

16,750,000

12,243,957

28,993,957

16 Training Academy Upgrades

1,550,000

325,148

1,875,148

17 Statewide Communications System Network

245,048

0

245,048

18 Total - State Police

131,538,133

21,272,049

152,810,182

19 Grand Total - Public Safety

197,868,181

29,056,761

226,924,942

20 Office of Public Defender




21 General Revenues

18,178,679

11,095

18,189,774

22 Federal Funds

85,035

0

85,035

23 Grand Total - Office of Public Defender

18,263,714

11,095

18,274,809

24 Emergency Management Agency




25 General Revenues

7,457,256

186,926

7,644,182


  1. Provided that of this general revenue amount, $250,000 is to be used to cover security


  2. expenses incurred by state agencies associated with the FIFA 2026 World Cup that would not be


  3. reimbursed by other available funding sources. All unexpended or unencumbered balances of this


  4. designation, as of June 30, 2026, shall be reappropriated to the ensuing fiscal year and made


    30 immediately available for the same purpose.


    31 Federal Funds

    34,906,616

    12,840,348

    47,746,964

    32 Restricted Receipts

    428,308

    213,109

    641,417

    33 Other Funds




    34 Rhode Island Capital Plan Funds





    1 RI Statewide Communications Infrastructure

    315,404

    85,162

    400,566

    2 RI Statewide Communications Network Tower

    550,000

    0

    550,000

    3 State Emergency Ops Center

    0

    64,000

    64,000

    4 Grand Total - Emergency Management




    5 Agency

    43,657,584

    13,389,545

    57,047,129

    6 Environmental Management




    7 Office of the Director




    8 General Revenues

    9,446,875

    (127,764)

    9,319,111


    1. Of this general revenue amount, $180,000 is appropriated to the conservation districts and

    2. $100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a


    11 veterinarian at the Wildlife Clinic of Rhode Island.


    12 Federal Funds

    354,975

    329,383

    684,358

    13 Restricted Receipts

    5,930,220

    1,150,812

    7,081,032

    14 Total - Office of the Director

    15,732,070

    1,352,431

    17,084,501

    15 Natural Resources




    16 General Revenues

    32,325,750

    1,619,333

    33,945,083


    1. Provided that of this general revenue amount, $150,000 is to be used for marine mammal


    2. response activities in conjunction with matching federal funds.


    19 Federal Funds

    31,528,201

    264,097

    31,792,298

    20 Restricted Receipts

    6,185,022

    721,371

    6,906,393

    21 Other Funds




    22 DOT Recreational Projects

    762,000

    26,547

    788,547

    23 Blackstone Bike Path Design

    1,000,000

    0

    1,000,000

    24 Rhode Island Capital Plan Funds




    25 Dam Repair

    6,815,000

    (6,422,589)

    392,411

    26 Fort Adams Rehabilitation

    500,000

    216,595

    716,595

    27 Port of Galilee

    20,500,000

    (5,779,101)

    14,720,899

    28 Newport Pier Upgrades

    500,000

    (385,000)

    115,000

    29 Recreation Facilities Asset Protection

    750,000

    0

    750,000

    30 Recreational Facilities Improvements

    2,900,000

    4,735,607

    7,635,607

    31 Natural Resources Office and Visitor's Center

    1,836,709

    (1,602,632)

    234,077

    32 Fish & Wildlife Maintenance Facilities

    200,000

    19,291

    219,291

    33 Marine Infrastructure/Pier Development

    700,000

    752,413

    1,452,413

    34 Total - Natural Resources

    106,502,682

    (5,834,068)

    100,668,614


    1

    Environmental Protection


    2

    General Revenues

    16,607,743

    219,983

    16,827,726

    3

    Federal Funds

    12,825,343

    2,885,397

    15,710,740

    4

    Restricted Receipts

    12,660,382

    62,782

    12,723,164

    5

    Other Funds




    6

    Transportation MOU

    95,967

    (35,866)

    60,101

    7

    Total - Environmental Protection

    42,189,435

    3,132,296

    45,321,731

    8

    Grand Total - Environmental Management

    164,424,187

    (1,349,341)

    163,074,846

    9

    Coastal Resources Management Council




    10

    General Revenues

    3,904,812

    269,201

    4,174,013

    11

    Federal Funds

    3,331,166

    (222,509)

    3,108,657

    12

    Restricted Receipts

    624,768

    (288,957)

    335,811

    13

    Other Funds




    14

    Rhode Island Capital Plan Funds




    15

    South Coast Restoration Project

    7,000,000

    0

    7,000,000

    16

    Pawcatuck Resiliency Elevation Study

    0

    50,000

    50,000

    17

    Grand Total - Coastal Resources Mgmt.




    18

    Council

    14,860,746

    (192,265)

    14,668,481

    19

    Transportation




    20

    Central Management




    21

    Federal Funds

    13,777,360

    91,840

    13,869,200

    22

    Other Funds




    23

    Gasoline Tax

    9,004,830

    (1,279,968)

    7,724,862

    24

    Total - Central Management

    22,782,190

    (1,188,128)

    21,594,062

    25

    Management and Budget




    26

    Other Funds




    27

    Gasoline Tax

    3,839,065

    1,635,875

    5,474,940

    28

    Infrastructure Engineering




    29

    Federal Funds




    30

    Federal Funds

    460,804,783

    107,101,455

    567,906,238

    31

    Federal Funds – State Fiscal Recovery Fund




    32

    Municipal Roads Grant Program

    0

    11,421,717

    11,421,717

    33

    Washington Bridge Project

    0

    16,895,328

    16,895,328

    34

    Restricted Receipts

    6,066,037

    (4,166,072)

    1,899,965

    1 Other Funds


    2 Gasoline Tax 88,272,135 (7,045,921) 81,226,214


    1. Provided that of this amount, $6,500,000 is appropriated to the Municipal Roads Grant

    2. Program known as RhodeRestore to provide funding to municipalities for the construction and


    3. maintenance of roads, sidewalks, and bridges. Provided that twenty-five percent (25%) of the funds


    4. shall be distributed equally to each city and town, and seventy-five percent (75%) shall be allocated


    5. proportionally based on each municipality’s share of municipally maintained road miles, as


    6. determined by the most recent data available from the Rhode Island department of transportation.


    7. Provided further that each municipality is required to provide a sixty-seven percent (67%) match.

    8. Provided that of this amount, sufficient funds from the Rhode Island public transit


    9. authority’s share of gasoline tax proceeds shall be allocated to the state paratransit program,


    10. including the expansion pilot program known as ride anywhere to ensure statewide paratransit


    11. services are maintained.


    14 Land Sale Revenue

    6,239,422

    (135,005)

    6,104,417

    15 Tolling Revenue

    10,000,000

    (10,000,000)

    0

    16 Rhode Island Capital Plan Funds




    17 Highway Improvement Program

    115,617,814

    (2,047,814)

    113,570,000

    18 Bike Path Asset Protection

    400,000

    0

    400,000

    19 RIPTA - Land and Buildings

    6,905,927

    (3,773,544)

    3,132,383

    20 RIPTA - Pawtucket/Central Falls Bus Hub




    21 Passenger Facility

    1,500,000

    690,534

    2,190,534

    22 RIPTA - Providence High-Capacity Transit




    23 Corridor Study

    90,000

    103,368

    193,368

    24 RIPTA - Kingston Station Mobility Hub

    0

    300,000

    300,000

    25 RIPTA - Pawtucket Bus Hub

    0

    126,000

    126,000

    26 Total - Infrastructure Engineering

    695,896,118

    109,470,046

    805,366,164

    27 Infrastructure Maintenance




    28 Other Funds




    29 Gasoline Tax

    41,781,096

    13,287,722

    55,068,818


  5. The department of transportation will establish a municipal roadway database, which will

  6. include information concerning the name, condition, length, roadway infrastructure, and pedestrian


  7. features of each municipal roadway, updated annually by municipalities. The database will serve


  8. as a comprehensive and transparent list of municipal roadway conditions.


  9. Rhode Island Highway Maintenance


1 Account

114,037,366

190,370,938

304,408,304

2 Rhode Island Capital Plan Funds




3 Maintenance Capital Equipment Replacement

1,800,000

1,858,569

3,658,569

4 Maintenance Facilities Improvements

859,756

362,407

1,222,163

5 Welcome Center

150,000

397,183

547,183

6 Salt Storage Facilities

1,150,000

(36,338)

1,113,662

7 Train Station Asset Protection

500,000

1,024,237

1,524,237

8 Total - Infrastructure Maintenance

160,278,218

207,264,718

367,542,936


9 Grand Total - Transportation


882,795,591


317,182,511 1,199,978,102

10 Statewide Totals



11 General Revenues

5,809,363,121

28,143,725 5,837,506,846

12 Federal Funds

5,108,485,986

346,082,639 5,454,568,625

13 Restricted Receipts

458,544,467

91,837,535 550,382,002

14 Other Funds

2,959,985,019

268,416,806 3,228,401,825

15 Statewide Grand Total

14,336,378,593

734,480,705 15,070,859,298


  1. SECTION 2. Each line appearing in section 1 of this article shall constitute an


  2. appropriation.


  3. SECTION 3. The general assembly authorizes the state controller to establish the internal


  4. service accounts shown below, and no other, to finance and account for the operations of state

  5. agencies that provide services to other agencies, institutions and other governmental units on a cost


  6. reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in


  7. a businesslike manner; promote efficient use of services by making agencies pay the full costs


  8. associated with providing the services; and allocate the costs of central administrative services


  9. across all fund types, so that federal and other non-general fund programs share in the costs of


  10. general government support. The controller is authorized to reimburse these accounts for the cost

  11. of work or services performed for any other department or agency subject to the following


  12. expenditure limitations:


  13. Account Expenditure Limit


29 FY 2026 FY 2026 FY 2026


  1. Enacted Change FINAL

  2. State Assessed Fringe Benefit Internal


  3. Service Fund 37,255,808 94,704 37,350,512


  4. Administration Central Utilities Internal


  5. Service Fund 30,366,642 0 30,366,642


1 State Central Mail Internal Service Fund

9,020,425

(835)

9,019,590

2 State Telecommunications Internal




3 Service Fund

3,426,061

3,173

3,429,234

4 State Automotive Fleet Internal Service Fund

21,610,397

14,815

21,625,212

5 Surplus Property Internal Service Fund

44,789

0

44,789

6 Health Insurance Internal Service Fund

272,933,573

69,971,421

342,904,994

7 Other Post-Employment Benefits Fund

63,854,008

(23,438,854)

40,415,154

8 Capitol Police Internal Service Fund

1,659,403

188,969

1,848,372

9 Corrections Central Distribution Center




10 Internal Service Fund

8,679,440

79,813

8,759,253

11 Correctional Industries Internal Service Fund

8,477,292

52,361

8,529,653

12 Secretary of State Record Center Internal




13 Service Fund

1,231,684

(76,237)

1,155,447

14 Human Resources Internal Service Fund

18,711,878

(233,544)

18,478,334

15 DCAMM Facilities Internal Service Fund

40,492,965

40,486

40,533,451

16 Information Technology Internal




17 Service Fund

70,587,805

102,554

70,690,359


  1. SECTION 4. Departments and agencies listed below may not exceed the number of full-


  2. time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do

  3. not include limited period positions or, seasonal or intermittent positions whose scheduled period


  4. of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not


  5. exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor


  6. do they include individuals engaged in training, the completion of which is a prerequisite of


  7. employment. Provided, however, that the governor or designee, speaker of the house of


  8. representatives or designee, and the president of the senate or designee may authorize an adjustment

  9. to any limitation. Prior to the authorization, the state budget officer shall make a detailed written


  10. recommendation to the governor, the speaker of the house, and the president of the senate. A copy


  11. of the recommendation and authorization to adjust shall be transmitted to the chairman of the house


  12. finance committee, senate finance committee, the house fiscal advisor, and the senate fiscal advisor.


  13. State employees whose funding is from non-state general revenue funds that are time

  14. limited shall receive limited term appointment with the term limited to the availability of non-state


  15. general revenue funding source.


  16. FY 2026 FTE POSITION AUTHORIZATION


  17. Departments and Agencies Full-Time Equivalent

  1. Administration 684.6 683.6

  2. Provided that no more than 434.1 of the total authorization would be limited to positions

  3. that support internal service fund programs.


4 Office of Energy Resources

17.0

5 Business Regulation

155.0 157.0

6 Rhode Island Cannabis Control Commission

26.0

7 Executive Office of Commerce

5.0

8 Housing

38.0

9 Labor and Training

461.7

10 Revenue

605.5

11 Legislature

298.5

12 Office of the Lieutenant Governor

8.0

13 Office of the Secretary of State

62.0

14 Office of the General Treasurer

92.0

15 Board of Elections

13.0

16 Rhode Island Ethics Commission

12.0

17 Office of the Governor

45.0

18 Commission for Human Rights

15.0

19 Public Utilities Commission

57.0

20 Executive Office of Health and Human Services

243.0 248.0

21 Children, Youth and Families

713.5 719.5

22 Health

572.6

23 Human Services

779.0 789.0

24 Office of Veterans Services

267.0

25 Office of Healthy Aging

33.0

26 Behavioral Healthcare, Developmental Disabilities and Hospitals

1,223.4 1,225.4


  1. Provided that 18.0 of the total authorization would be limited to independent facilitators


  2. positions to comply with the Consent Decree Addendum.


  3. Office of the Child Advocate 13.0


  4. Commission on the Deaf and Hard of Hearing 4.0

  5. Governor’s Commission on Disabilities 5.0


  6. Office of the Mental Health Advocate 6.0

  7. Elementary and Secondary Education 156.1

  8. Provided that 3.0 of the total authorization would be available only for positions that are

    1. supported by the healthy environments advance learning grant at the school building authority.


    2. School for the Deaf 61.0


    3. Davies Career and Technical School 125.0

    4. Office of Postsecondary Commissioner 48.0


    5. Provided that 1.0 of the total authorization would be available only for positions that are


    6. supported by third-party funds, 12.0 would be available only for positions at the state’s higher


    7. education centers located in Woonsocket and Westerly, 10.0 would be available only for positions


    8. at the nursing education center, and 9.0 would be available for the longitudinal data systems


    9. program.

    10. University of Rhode Island 2,671.0


    11. Provided that 378.8 of the total authorization would be available only for positions that are


    12. supported by third-party funds, and 424.5 would be available only for positions that support


    13. auxiliary operations.

    14. Rhode Island College 949.2

    15. Provided that 76.0 of the total authorization would be available only for positions that are

    16. supported by third-party funds.

    17. Community College of Rhode Island 849.1

    18. Provided that 89.0 of the total authorization would be available only for positions that are

    19. supported by third-party funds.

    20. Rhode Island State Council on the Arts 10.0

    21. RI Atomic Energy Commission 8.6

    22. Historical Preservation and Heritage Commission 15.6

    23. Office of the Attorney General 268.1

    24. Corrections 1,461.0

    25. Judicial 749.3

    26. Military Staff 93.0

    27. Emergency Management Agency 38.0

    28. Public Safety 634.0 635.0

    29. Office of the Public Defender 104.0

    30. Environmental Management 439.0

    31. Coastal Resources Management Council 32.0

    32. Transportation 755.0

    33. Total 15,921.8 15,946.8

    34. No agency or department may employ contracted employee services where contract

      1. employees would work under state employee supervisors without determination of need by the

      2. director of administration acting upon positive recommendations by the budget officer and the

      3. personnel administrator and fifteen (15) days after a public hearing.

      4. Nor may any agency or department contract for services replacing work done by state

      5. employees at that time without determination of need by the director of administration acting upon

      6. the positive recommendations of the state budget officer and the personnel administrator and thirty

      7. (30) days after a public hearing.

      8. SECTION 5. The appropriations from federal funds contained in section 1 shall not be

      9. construed to mean any federal funds or assistance appropriated, authorized, allocated or

      10. apportioned to the State of Rhode Island from the state fiscal recovery fund and capital projects

      11. fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2026

      12. except for those instances specifically designated.

      13. The State fiscal recovery fund and capital projects fund appropriations herein shall be made

      14. in support of the following projects:

      15. Federal Funds - State Fiscal Recovery Fund

      16. Department of Administration (DOA)

      17. DOA- Pandemic Recovery Office. These funds shall be allocated to finance the pandemic

      18. recovery office established within the department of administration.

      19. DOA - Public Health Response Warehouse Support. These funds shall be allocated to the

      20. proper storage of PPE and other necessary COVID-19 response related supplies.

      21. DOA - Community Learning Center Programming Support Grant. These funds shall be

      22. distributed to municipalities that have approved community learning center projects under the

      23. coronavirus capital projects fund community learning center municipal grant program. An equal

      24. amount of funding will be allocated to each approved community learning center project that

      25. reaches substantial completion as defined by the U.S. Department of Treasury by October 31, 2026.

      26. Municipalities with projects that do not reach substantial completion as defined by the U.S.

      27. Department of Treasury by October 31, 2026, shall return their funding no later than November 15,

      28. 2026, for redistribution among other qualified community learning centers. These funds must be

      29. used to support the establishment of U.S. Department of the Treasury compliant health monitoring,

      30. work, and or education programming that will take place in a community learning center.

      31. DOA - Municipal Public Safety Infrastructure. These funds shall be used to provide

      32. matching support to cities and towns to make significant public safety facilities infrastructure

      33. improvements including new construction. Funding priority shall be based on project readiness and

      34. limited to those for which the total costs exceed $1.0 million. Matching funds to any municipality

  1. will be limited to $5.0 million for projects that serve a regional purpose and $1.0 million for others.

  2. DOA  -  ERP  Implementation  Support.  These  funds  shall  be  used  to  support  the

  3. implementation of a new cloud-based enterprise resource platform for the State of Rhode Island to

  4. more efficiently and strategically administer human resources, payroll, and finance operations.

  5. Office of Energy Resources (OER)

  6. OER - Electric Heat Pump Grant Program. These funds shall support a grant program

  7. within the office of energy resources to assist homeowners and small-to-mid-size business owners

  8. with the purchase and installation of high-efficiency electric heat pumps, with an emphasis on

  9. families  in  environmental  justice communities,  minority-owned  businesses, and  community

  10. organizations who otherwise cannot afford this technology. The office of energy resources shall

  11. report to the speaker of the house and senate president no later than April 1 of each year the results

  12. of this program, including but not limited to, the number of grants issued; amount of each grant and

  13. the average grant amount; and the expected cumulative carbon emissions reductions associated

  14. with heat pumps that received a grant.

  15. Department of Labor and Training (DLT)

  16. DLT - Enhanced Real Jobs. These funds shall support the real jobs Rhode Island program

  17. in the development of job partnerships, connecting industry employers adversely impacted by the

  18. pandemic to individuals enrolled in workforce training programs.

  19. DLT - Unemployment Insurance Trust Fund Contribution. The director of labor and

  20. training shall allocate these appropriations to the employment security fund prior to determining

  21. the experience rate for each eligible employer for calendar year 2023.

  22. Executive Office of Commerce (EOC)

  23. EOC - Bioscience Investments. These funds shall support a program to invest in the

  24. biosciences industry in Rhode Island in conjunction with the Rhode Island life science hub as

  25. established in chapter  99 of  title  23. This  program  will  include,  but is  not  limited to, the

  26. development of one or more wet lab incubator spaces in collaboration with industry partners; the

  27. creation of a fund that will support wrap-around services to aid in the commercialization of

  28. technology and business development, growth of the biosciences talent pipeline, and support for

  29. staff to implement the bioscience investments initiative.

  30. EOC - Assistance to Impacted Industries. These funds shall be allocated to provide

  31. assistance to the tourism, hospitality, and events industries for outdoor and public space capital

  32. improvements and event programming.

  33. Executive Office of Housing

  34. Housing - Development of Affordable Housing. These funds shall expand a program at the

    1. Rhode Island housing and mortgage finance corporation to provide additional investments in (1)

    2. the development of affordable housing units in conjunction with general obligation bond funds and

    3. other  sources  of  available  financing  according  to  guidelines  approved  by  the  coordinating

    4. committee of the housing resources commission or (2) site acquisition and predevelopment

    5. expenses for affordable housing. Of this amount, ten million dollars ($10,000,000) shall be

    6. available to Rhode Island housing and mortgage finance corporation to establish a pilot program

    7. that shall direct funds to support low income public housing through project-based rental assistance

    8. vouchers and financing for pre-development, improvement, and housing production costs. Within

    9. six (6) months, any money available for the pilot that is not yet allocated to viable projects, or

    10. which has been awarded to public housing authorities which are unable to demonstrate substantial

    11. completion of all work within eighteen (18) months of receipt of any such funds, shall be returned

    12. to this program and no longer be included in the pilot. Determination of viability and substantial

    13. completion under the pilot shall be at the sole discretion of the secretary of housing.

    14. Housing - Targeted Housing Development. These funds shall create a program at the

    15. department of housing to develop housing in targeted areas and/or priority projects. Of this overall

    16. program, twenty-two million dollars ($22,000,000) shall be allocated into a priority project fund

    17. that advances the following categories: permanent supportive housing, housing dedicated to

    18. vulnerable populations, individuals transitioning out of state care, and extremely low-income

    19. Rhode Islanders. Of this overall program, four million dollars ($4,000,000) shall be allocated to

    20. support the development of transit-oriented housing as approved by the secretary of housing.

    21. Housing - Site Acquisition. These funds shall be allocated to the Rhode Island housing and

    22. mortgage finance corporation toward the acquisition of properties for redevelopment as affordable

    23. and supportive housing to finance projects that include requirements for deed restrictions not less

    24. than thirty (30) years, and a non-recourse structure.

    25. Housing - Workforce Housing. These funds shall be allocated to the Rhode Island housing

    26. and mortgage finance corporation to support a program to increase the housing supply for families

    27. earning up to 120 percent of area median income.

    28. Housing - Home Repair and Community Revitalization. These funds shall expand the

    29. acquisition and revitalization program administered by the Rhode Island housing and mortgage

    30. finance corporation to finance the acquisition and redevelopment of blighted properties to increase

    31. the number of commercial and community spaces in disproportionately impacted communities and

    32. or  to  increase  the  development  of  affordable  housing.  Residential  development  will  serve

    33. households earning no more than 80 percent of area median income. Commercial and community

    34. spaces must serve or meet the needs of residents of a census tract where at least 51 percent of the

  1. residents are low-and moderate-income persons. Of this amount, four million five hundred

  2. thousand dollars ($4,500,000) will support critical home repairs within the same communities.

  3. Housing - Predevelopment and Capacity Building. These funds shall support a program to

  4. increase contract staffing capacity to administer proposed affordable housing projects. These funds

  5. will support research and data analysis, stakeholder engagement, and the expansion of services for

  6. people experiencing homelessness.

  7. Housing - Municipal Planning. Of these funds, one million three hundred thousand dollars

  8. ($1,300,000) shall support a housing development-focused municipal fellows program within the

  9. department of housing and one million dollars ($1,000,000) shall support municipalities to study

  10. and implement zoning changes that up-zone or otherwise enable additional housing development

  11. in proximity to transit.

  12. Housing - Homelessness Assistance Program. These funds shall support a program to

  13. expand housing navigation, behavioral health, and stabilization services to address pandemic-

  14. related  homelessness.  The  program  will  support  services  for  people  transitioning  from

  15. homelessness  to  housing,  including  individuals  transitioning  out  of  the  adult  correctional

  16. institutions.

  17. Housing - Homelessness Infrastructure. These funds shall be used to support a program to

  18. respond to and prevent homelessness, including but not limited to, acquisition or construction of

  19. temporary or permanent shelter and other housing solutions and stabilization programs.

  20. Housing - Municipal Homelessness Support Initiative. These funds shall be used to support

  21. a program to award grants to cities and towns for public safety expenses and other municipal

  22. services that support individuals and families experiencing homelessness.

  23. Housing - Proactive Housing Development. These funds shall be used to support the

  24. creation, staffing, and initial activities of a proactive development subsidiary of the Rhode Island

  25. housing and mortgage finance corporation, established pursuant to § 42-55-5.1.

  26. Housing - Housing Related Infrastructure. These funds shall be allocated to the Rhode

  27. Island infrastructure bank as established in chapter 12.2 of title 46 to support physical infrastructure

  28. that is necessary to produce additional housing. All expenditures made with these funds must be

  29. for the pre-development and development of site-related infrastructure for housing that meets

  30. affordable housing pricing and/or income criteria and other criteria established by the department

  31. of housing.

  32. Housing - Statewide Housing Plan. These funds shall be allocated to the development of a

  33. statewide comprehensive housing plan to assess current and future housing needs, consider barriers

  34. to home ownership and affordability, and identify services needed for increased investments toward

  1. disproportionately impacted individuals and communities. These funds shall be used to support

  2. municipal planning efforts to identify and cultivate viable sites and housing projects.

  3. Quonset Development Corporation (QDC)

  4. QDC - Port of Davisville. These funds shall be allocated to expand a program developing

  5. port infrastructure and services at the Port of Davisville in Quonset in accordance with the

  6. corporation’s master plan.

  7. Executive Office of Health and Human Services (EOHHS)

  8. EOHHS - Certified Community Behavioral Clinics. These funds shall be allocated to a

  9. program to support certified community behavioral health clinics to bolster behavioral health

  10. supports, medical screening and monitoring, and social services to particularly vulnerable

  11. populations in response to a rise in mental health needs during the public health emergency.

  12. Department of Children, Youth and Families (DCYF)

  13. DCYF - Provider Workforce Stabilization. These funds shall be allocated to support

  14. workforce stabilization supplemental wage payments and sign-on bonuses to eligible direct care

  15. and supporting care staff of contracted service providers.

  16. DCYF - Psychiatric Treatment Facility. These funds shall be allocated to expand existing

  17. psychiatric residential treatment facility capacity to provide intensive residential treatment options

  18. for adolescent girls and young women who face severe and complex behavioral health challenges.

  19. Any funds that are unexpended shall be allocated to the construction of intensive residential

  20. treatment facilities that will provide female youth in Rhode Island more placement options to

  21. receive appropriate care for their individual levels of need.

  22. Department of Health (DOH)

  23. DOH - COVID-19 Operational Support. These funds shall be allocated to continue

  24. COVID-19 mitigation activities at the department of health and to address the public health impacts

  25. of the pandemic in Rhode Island.

  26. Department of Human Services (DHS)

  27. DHS - Child Care Support. To address the adverse impact the pandemic has had on the

  28. child care sector, the funds allocated to this program will provide retention bonuses for direct-care

  29. staff at child care centers and licensed family providers in response to pandemic-related staffing

  30. shortages and start up and technical assistance grants for family child care providers. Retention

  31. bonuses shall be paid monthly or as often as administratively feasible, but not less than quarterly.

  32. The director of the department of human services and the director of the department of children,

  33. youth and families may waive any fees otherwise assessed upon child care provider applicants who

  34. have been awarded the family child care provider incentive grant. The allocation to this program

  1. will also support quality improvements, the creation of a workforce registry, and additional funds

  2. for educational opportunities for direct care staff.

  3. DHS - SNAP Retail Incentive Pilot. The funds allocated to the Supplemental Nutritional

  4. Assistance Program (SNAP) Retail Incentive Pilot shall be used to reimburse the expenditures

  5. made from general revenue prior to January 1, 2025, in support of the Rhode Island Eat Well, Be

  6. Well Rewards Program. The Rhode Island Eat Well, Be Well Rewards Program is the first and

  7. only statewide retail SNAP incentive program in the United States and provides SNAP recipients

  8. an additional fifty cents ($0.50) for every one dollar ($1.00) of SNAP benefits spent on eligible

  9. fresh fruit and vegetable purchases, up to twenty-five dollars ($25).

  10. Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

  11. (BHDDH)

  12. BHDDH - Crisis Intervention Trainings. To respond to the increased volume of mental-

  13. health related calls reported by police departments, these funds shall be allocated to the crisis

  14. intervention training program to provide training every three years for law enforcement as well as

  15. continuing education opportunities.

  16. BHDDH – 9-8-8 Hotline. These funds shall be allocated for the creation and operation of

  17. a 9-8-8 hotline to maintain compliance with the National Suicide Hotline Designation Act of 2020

  18. and the Federal Communications Commission-adopted rules to assure that all citizens receive a

  19. consistent level of 9-8-8 and crisis behavioral health services.

  20. Rhode Island Department of Elementary and Secondary Education (ELSEC)

  21. RIDE - Adult Education Providers. These funds shall be directly distributed through the

  22. office of adult education to nonprofit adult education providers to expand access to educational

  23. programs and literary services.

  24. RIDE - Out of School Time Education Providers. These funds shall be directly distributed

  25. through the office of student, community and academic supports to expand access to educational

  26. programs.

  27. Office of Postsecondary Commissioner (OPC)

  28. OPC - RI Reconnect. These funds shall support a program to improve postsecondary

  29. degree and credential attainment among working-age Rhode Islanders. The program will assist

  30. students in addressing barriers to education completion, particularly among communities of color

  31. and lower socio-economic strata. A portion of these funds will be used to address barriers to the

  32. attainment of teacher certification as a second language education teacher, grades PK-12, and as an

  33. all grades special education teacher.

  34. OPC - RIC Cybersecurity Center. These funds shall support the establishment of the

    1. institute for cybersecurity and emerging technologies at Rhode Island College, which will provide

    2. certificate, baccalaureate, and master’s level courses with focuses on research and developing

    3. highly skilled cybersecurity professionals. Funding shall be appropriated through the office of

    4. postsecondary commissioner.

    5. OPC - Fresh Start Scholarship. These funds shall support a program to provide scholarships

    6. to adult students with some college credits, but no degree, with a focus on students who dropped-

    7. out of the community college of Rhode Island. This program will target students who are not

    8. meeting satisfactory academic progress requirements, which makes them ineligible for federal

    9. financial assistance.

    10. Department of Public Safety (DPS)

    11. DPS - Support for Survivors of Domestic Violence. These funds shall be allocated to invest

    12. in the nonprofit community to provide additional housing, clinical and mental health services to

    13. victims of domestic violence and sexual assault. This includes increased investments for therapy

    14. and counseling, housing assistance, job training, relocation aid and case management.

    15. Department of Transportation (DOT)

    16. DOT - Municipal Roads Grant Program. These funds shall support a program to distribute

    17. grants  with  a  required  local  match  for  the  replacement,  rehabilitation,  preservation,  and

    18. maintenance of existing roads, sidewalks, and bridges. These funds shall be distributed equally to

    19. each city and town provided that each municipality is required to provide a sixty-seven percent

    20. (67%) match.

    21. DOT - Washington Bridge Project. These funds shall support the non-federal share or

    22. matching requirement on federal funds for priority transportation projects, including but not limited

    23. to the Washington Bridge project.

    24. Federal Funds - Capital Projects Fund

    25. Department of Administration (DOA)

    26. DOA - CPF Administration. These funds shall be allocated to the department of

    27. administration to oversee the implementation of the capital projects fund award from the American

    28. Rescue Plan Act.

    29. DOA - Community Learning Center Municipal Grant Program. These funds shall be

    30. allocated to a program for cities and towns that renovate or build a community learning center that

    31. meets the work, education, and health monitoring requirements identified by the U.S. Department

    32. of the Treasury.

    33. Executive Office of Commerce (EOC)

    34. EOC - Broadband. These funds shall be allocated to the executive office of commerce to

      1. invest in broadband projects to provide high-speed, reliable internet to all Rhode Islanders. The

      2. secretary of commerce, in partnership with the director of business regulation, will run a series of

      3. requests for proposals for broadband infrastructure projects, providing funds to municipalities,

      4. public housing authorities, business cooperatives and local internet service providers for projects

      5. targeted at those underserved by the current infrastructure using the evidentiary bases authorized

      6. by the United States department of the treasury for the capital projects fund. These funds shall be

      7. used in accordance with the statewide broadband strategic plan and may not be obligated nor

      8. expended  prior  to its  submission in accordance  with the  requirements  of  the  Rhode  Island

      9. broadband development program set forth in chapter 162 of title 42.

      10. SECTION 6. Notwithstanding any general laws to the contrary, the department of revenue

      11. shall transfer to the state controller by June 30, 2026, the sum of five million dollars ($5,000,000)

      12. from the Marijuana Trust Fund restricted receipt account.

      13. SECTION 7. This article shall take effect upon passage.


  1. ARTICLE 14

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    art.014/1/012/1

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  2. RELATING TO EFFECTIVE DATE


  3. SECTION 1. This act shall take effect as of July 1, 2026, except as otherwise provided


  4. herein.


  5. SECTION 2. The article shall take effect upon passage.