2026 -- S 2668 | |
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LC005294 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR FUEL TAX | |
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Introduced By: Senators Zurier, Bissaillon, McKenney, DiMario, Acosta, and Britto | |
Date Introduced: February 27, 2026 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor Fuel |
2 | Tax" is hereby amended to read as follows: |
3 | 31-36-20. Disposition of proceeds. [Effective January 1, 2026.] |
4 | (a) Disposition of proceeds. |
5 | (1) Notwithstanding any other provision of law to the contrary, all moneys paid into the |
6 | general treasury under the provisions of this chapter or chapter 37 of this title, and title 46 shall be |
7 | applied to and held in a separate fund and be deposited in any depositories that may be selected by |
8 | the general treasurer to the credit of the fund, which fund shall be known as the Intermodal Surface |
9 | Transportation Fund; provided, that in fiscal year 2004 for the months of July through April six and |
10 | eighty-five hundredth cents ($0.0685) per gallon of the tax imposed and accruing for the liability |
11 | under the provisions of § 31-36-7, less refunds and credits, shall be transferred to the Rhode Island |
12 | public transit authority as provided under § 39-18-21. For the months of May and June in fiscal |
13 | year 2004, the allocation shall be five and five hundredth cents ($0.0505). Thereafter, until fiscal |
14 | year 2006, the allocation shall be six and twenty-five hundredth cents ($0.0625). For fiscal years |
15 | 2006 through FY 2008, the allocation shall be seven and twenty-five hundredth cents ($0.0725); |
16 | provided, that expenditures shall include the costs of a market survey of non-transit users and a |
17 | management study of the agency to include the feasibility of moving the authority into the |
18 | department of transportation, both to be conducted under the auspices of the state budget officer. |
19 | The state budget officer shall hire necessary consultants to perform the studies, and shall direct |
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1 | payment by the authority. Both studies shall be transmitted by the budget officer to the 2006 session |
2 | of the general assembly, with comments from the authority. For fiscal year 2009, the allocation |
3 | shall be seven and seventy-five hundredth cents ($0.0775), of which one-half cent ($0.005) shall |
4 | be derived from the one cent ($0.01) per gallon environmental protection fee pursuant to § 46-12.9- |
5 | 11. For fiscal years 2010 through fiscal year 2025, the allocation shall be nine and seventy-five |
6 | hundredth cents ($0.0975), of which one-half cent ($0.005) shall be derived from the one cent |
7 | ($0.01) per gallon environmental protection fee pursuant to § 46-12.9-11. For fiscal years year 2026 |
8 | and thereafter, the allocation shall be eleven and seventy-five hundredths cents ($0.1175) of which |
9 | one-half cent ($0.005) shall be derived from the one cent ($0.01) per gallon environmental |
10 | protection fee pursuant to § 46-12.9-11. For fiscal years 2027 and thereafter, the allocation shall be |
11 | eleven and seventy-five hundredths cents ($0.1175) or 29.375% of the total proceeds, whichever is |
12 | greater, of which one-half cent ($0.005) per gallon shall be derived from the one cent ($0.01) per |
13 | gallon environmental protection fee pursuant to § 46-12.9-11. One cent ($0.01) per gallon shall be |
14 | transferred to the elderly/disabled transportation program of the department of human services, and |
15 | the remaining cents per gallon shall be available for general revenue as determined by the following |
16 | schedule: |
17 | (i) For the fiscal year 2000, three and one-fourth cents ($0.0325) shall be available for |
18 | general revenue. |
19 | (ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for |
20 | general revenue. |
21 | (iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general |
22 | revenue. |
23 | (iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for |
24 | general revenue. |
25 | (v) For the months of July through April in fiscal year 2004, one and four-tenths cents |
26 | ($0.014) shall be available for general revenue. For the months of May through June in fiscal year |
27 | 2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter, |
28 | until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year 2006 |
29 | through fiscal year 2009 one cent ($0.01) shall be available for general revenue. |
30 | (2) All deposits and transfers of funds made by the tax administrator under this section, |
31 | including those to the Rhode Island public transit authority, the department of human services, the |
32 | Rhode Island turnpike and bridge authority, and the general fund, shall be made monthly and |
33 | credited and paid by the general treasurer to the designated fund in accordance with this section. |
34 | (3) Commencing in fiscal year 2004, the director of the Rhode Island department of |
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1 | transportation is authorized to remit, on a monthly or less frequent basis as shall be determined by |
2 | the director of the Rhode Island department of transportation, or the director’s designee, or at the |
3 | election of the director of the Rhode Island department of transportation, with the approval of the |
4 | director of the department of administration, to an indenture trustee, administrator, or other third- |
5 | party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax imposed, in |
6 | order to satisfy debt service payments on aggregate bonds issued pursuant to a joint resolution and |
7 | enactment approving the financing of various department of transportation projects adopted during |
8 | the 2003 session of the general assembly, and approved by the governor. |
9 | (4) Commencing in fiscal year 2015, three and one-half cents ($0.035) shall be transferred |
10 | to the Rhode Island turnpike and bridge authority to be used for maintenance, operations, capital |
11 | expenditures, and debt service on any of its projects as defined in chapter 12 of title 24 in lieu of a |
12 | toll on the Sakonnet River Bridge. The Rhode Island turnpike and bridge authority is authorized to |
13 | remit to an indenture trustee, administrator, or other third-party fiduciary any or all of the foregoing |
14 | transfers in order to satisfy and/or secure its revenue bonds and notes and/or debt service payments |
15 | thereon, including, but not limited to, the bonds and notes issued pursuant to the Joint Resolution |
16 | set forth in Section 3 of Article 6 of Chapter 23 of the Public Laws of 2010. Notwithstanding any |
17 | other provision of said joint resolution, the Rhode Island turnpike and bridge authority is expressly |
18 | authorized to issue bonds and notes previously authorized under said joint resolution for the |
19 | purpose of financing all expenses incurred by it for the formerly authorized tolling of the Sakonnet |
20 | River Bridge and the termination thereof. |
21 | (b) Notwithstanding any other provision of law to the contrary, all other funds in the fund |
22 | shall be dedicated to the department of transportation, subject to annual appropriation by the general |
23 | assembly. The director of transportation shall submit to the general assembly, budget office, and |
24 | office of the governor annually an accounting of all amounts deposited in and credited to the fund |
25 | together with a budget for proposed expenditures for the succeeding fiscal year in compliance with |
26 | §§ 35-3-1 and 35-3-4. On order of the director of transportation, the state controller is authorized |
27 | and directed to draw their orders upon the general treasurer for the payments of any sum or portion |
28 | of the sum that may be required from time to time upon receipt of properly authenticated vouchers. |
29 | (c) At any time the amount of the fund is insufficient to fund the expenditures of the |
30 | department of transportation, not to exceed the amount authorized by the general assembly, the |
31 | general treasurer is authorized, with the approval of the governor and the director of administration, |
32 | in anticipation of the receipts of monies enumerated in this section to advance sums to the fund, for |
33 | the purposes specified in this section, any funds of the state not specifically held for any particular |
34 | purpose. However, all the advances made to the fund shall be returned to the general fund |
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1 | immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the |
2 | extent of the advances. |
3 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR FUEL TAX | |
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1 | This act would set the allocation rate to be transferred to the Rhode Island public transit |
2 | authority for 2027 and thereafter at eleven and seventy-five hundredths cents ($0.1175) or 29.375% |
3 | of the total proceeds, whichever is greater, of which one-half cent ($0.005) per gallon shall be |
4 | derived from the one cent ($0.01) per gallon environmental protection fee. |
5 | This act would take effect upon passage. |
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